Page:United States Statutes at Large Volume 109 Part 1.djvu/68

 109 STAT. 52 PUBLIC LAW 104-4 —MAR. 22, 1995 health care, education or criminal justice; when such a reduction or elimination would result in increased net costs to State, local, or tribal governments in providing education or emergency health care to, or incarceration of, illegal aliens; except that this subclause shall not be in effect with respect to a State, local, or tribal government, to the extent that such government has not fully cooperated in the efforts of the Federal Government to locate, apprehend, and deport illegal aliens; "(B) any provision in legislation, statute, or regulation that relates to a then-existing Federal program under which $500,000,000 or more is provided annually to State, local, and tribal governments under entitlement authority, if the provision— "(i)(I) would increase the stringency of conditions of assistance to State, local, or tribal governments under the program; or "(II) would place caps upon, or otherwise decrease, the Federal Government's responsibility to provide funding to State, local, or tribal governments under the program; and "(ii) the State, local, or tribal governments that participate in the Federal program lack authority under that program to amend their financial or programmatic responsibilities to continue providing required services that are affected by the legislation, statute, or regulation. "(6) FEDERAL MANDATE. —The term 'Federal mandate' means a Federal intergovernmental mandate or a Federal private sector mandate, as defined in paragraphs (5) and (7). "(7) FEDERAL PRIVATE SECTOR MANDATE. —The term 'Federal private sector mandate' means any provision in legislation, statute, or regulation that— "(A) would impose an enforceable duty upon the private sector except— "(i) a condition of Federal assistance; or "(ii) a duty arising from participation in a voluntary Federal program; or "(B) would reduce or eliminate the amount of authorization of appropriations for Federal financial assistance that will be provided to the private sector for the purposes of ensuring compliance with such duty. "(8) LOCAL GOVERNMENT. —The term 'local government' has the same meaning as defined in section 6501(6) of title 31, United States Code. "(9) PRIVATE SECTOR. — The term 'private sector' means all persons or entities in the United States, including individuals, partnerships, associations, corporations, and educational and nonprofit institutions, but shall not include State, local, or tribal governments. "(10) REGULATION; RULE. —The term 'regulation' or 'rule' (except with respect to a rule of either House of the Congress) has the meaning of 'rule' as defined in section 601(2) of title 5, United States Code.

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