, s.^#*^
PUBLIC LAW 104-4—MAR. 22, 1995
109 STAT. 51
ernmental mandate) or the private sector (in the case
of a Federal private sector mandate) would spend—
"(I) to comply with or carry out all applicable
Federal, State, local, and tribal laws and regulations in effect at the time of the adoption of the
Federal mandate for the same activity as is
affected by that Federal mandate; or
"(11) to comply with or carry out State, local,
and tribal governmental programs, or private-sec -
tor business or other activities in effect at the
time of the adoption of the Federal mandate for
the same activity as is affected by that mandate;
or
"(ii) expenditures to the extent that such expenditures will be offset by any direct savings to the State,
local, and tribal governments, or by the private sector,
as a result of—
"(I) compliance with the Federal mandate; or
"(II) other changes in Federal law or regulation that are enacted or adopted in the same bill
or joint resolution or proposed or final Federal
regulation and that govern the same activity as
is affected by the Federal mandate.
"(4) DIRECT SAVINGS,—The term 'direct savings', when used
with respect to the result of compliance with the Federal mandate—
"(A) in the case of a Federal intergovernmental mandate, means the aggregate estimated reduction in costs
to any State, local, or tribal government as a result of
compliance with the Federal intergovernmental mandate;
and
"(B) in the case of a Federal private sector mandate,
means the aggregate estimated reduction in costs to the
private sector as a result of compliance with the Federal
private sector mandate.
"(5) FEDERAL INTERGOVERNMENTAL MANDATE.— The term
'Federal intergovernmental mandate' means—
"(A) any provision in legislation, statute, or regulation
that—
"(i) would impose an enforceable duty upon State,
local, or tribal governments, except—
"(I) a condition of Federal assistance; or
"(II) a duty arising from participation in a
voluntary Federal program, except as provided in
subparagraph (B)); or
"(ii) would reduce or eliminate the amount of
authorization of appropriations for—
"(I) Federal financial assistance that would
be provided to State, local, or tribal governments
for the purpose of complying with any such previously imposed duty unless such duty is reduced
or eliminated by a corresponding amount; or
"(II) the control of borders by the Federal
Government; or reimbursement to State, local, or
tribal governments for the net cost associated with
illegal, deportable, and excludable aliens, including
court-mandated expenses related to emergency
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