TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness to Local Contractors Act''.

SEC. 2. ENHANCEMENT OF STATE ENFORCEMENT OF STATE TAX, EMPLOYMENT, AND 
              LICENSING LAWS AGAINST CONSTRUCTION CONTRACTORS.

    (a) Requirement for State Tax Clearance From Potential Construction 
Contractors.--
            (1) Defense contracts.--Section 2305(b) of title 10, United 
        States Code, is amended by adding at the end the following new 
        paragraph:
    ``(10) In order to be considered a responsible bidder or offeror 
for a contract for the construction of a public building, facility, or 
work, a bidder or offeror shall submit with the bid or offer a tax 
clearance from the State in which the contract is to be performed. For 
purposes of this paragraph, a tax clearance is a document from an 
appropriate State agency indicating that the bidder or offeror is in 
compliance with all the tax laws of the State in which the contract is 
to be performed.''.
            (2) Civilian agency contracts.--Section 303B of title III 
        of the Federal Property and Administrative Services Act of 1949 
        (41 U.S.C. 253b) is amended by adding at the end the following 
        new subsection:
    ``(n) Tax Clearance.--In order to be considered a responsible 
bidder or offeror for a contract for the construction of a public 
building, facility, or work, a bidder or offeror shall submit with the 
bid or offer a tax clearance from the State in which the contract is to 
be performed. For purposes of this paragraph, a tax clearance is a 
document from an appropriate State agency indicating that the bidder or 
offeror is in compliance with all the tax laws of the State in which 
the contract is to be performed.''.
    (b) Requirement To Withhold Final Contract Payment Until Receipt of 
State Tax Clearance and Certification of Compliance With Employment 
Laws From Contractor.--
            (1) Defense contracts.--Section 2307 of title 10, United 
        States Code, is amended by adding at the end the following new 
        subsection:
    ``(j) Requirement To Withhold Final Payment.--(1) The head of an 
agency shall withhold final payment under a contract for the 
construction of a public building, facility, or work until the 
contractor submits to the agency both of the following:
            ``(A) A tax clearance from the State in which the contract 
        is or was performed.
            ``(B) A certification stating that the contractor is in 
        compliance (or was in compliance during the performance of the 
        contract) with all applicable State laws that require employers 
        to make payments to or for the benefit of employees, including 
        laws relating to unemployment insurance, workers compensation, 
        health insurance, and disability insurance.
    ``(2) For purposes of this subsection, a tax clearance is a 
document from an appropriate State agency indicating that the 
contractor is or was in compliance with all the tax laws of the State 
in which the contract is or was performed.''.
            (2) Civilian agency contracts.--Section 305 of title III of 
        the Federal Property and Administrative Services Act of 1949 
        (41 U.S.C. 255) is amended by adding at the end the following 
        new subsection:
    ``(h) Requirement To Withhold Final Payment.--(1) The head of an 
executive agency shall withhold final payment under a contract for the 
construction of a public building, facility, or work until the 
contractor submits to the agency both of the following:
            ``(A) A tax clearance from the State in which the contract 
        is or was performed.
            ``(B) A certification stating that the contractor is in 
        compliance (or was in compliance during the performance of the 
        contract) with all applicable State laws that require employers 
        to make payments to or for the benefit of employees, including 
        laws relating to unemployment insurance, workers compensation, 
health insurance, and disability insurance.
    ``(2) For purposes of this subsection, a tax clearance is a 
document from an appropriate State agency indicating that the 
contractor is or was in compliance with all the tax laws of the State 
in which the contract is or was performed.''.
    (c) Authority To Withhold Payment to Contractor of Amounts 
Necessary To Meet State Tax Obligations.--
            (1) Defense contracts.--Section 2307 of title 10, United 
        States Code, is further amended by adding at the end the 
        following new subsection:
    ``(k) Authority To Withhold Payment To Meet State Tax 
Obligations.--The head of an agency may withhold, from any payment due 
to a contractor under a contract made by the agency for the 
construction of a public building, facility, or work, an amount 
considered necessary by the head of the agency to pay to the State in 
which the contract is being performed the amount of the contractor's 
State tax liability that is attributable to the contract. The head of 
the agency that so withholds a payment may, upon request of the State 
in which the contract is being performed and with such documentation as 
the head of the agency considers necessary, pay such tax liability 
amount directly to the State from the withheld payment. Any amount of a 
withheld payment that exceeds the actual State tax liability amount 
shall be paid to the contractor.''.
            (2) Civilian agency contracts.--Section 305 of title III of 
        the Federal Property and Administrative Services Act of 1949 
        (41 U.S.C. 255) is further amended by adding at the end the 
        following new subsection:
    ``(i) Authority To Withhold Payment To Meet State Tax 
Obligations.--The head of an executive agency may withhold, from any 
payment due to a contractor under a contract made by the agency for the 
construction of a public building, facility, or work, an amount 
considered necessary by the head of the agency to pay to the State in 
which the contract is being performed the amount of the contractor's 
State tax liability that is attributable to the contract. The head of 
the executive agency that so withholds a payment may, upon request of 
the State in which the contract is being performed and with such 
documentation as the head of the agency considers necessary, pay such 
tax liability amount directly to the State from the withheld payment. 
Any amount of a withheld payment that exceeds the actual State tax 
liability amount shall be paid to the contractor.''.
    (d) Requirement for Construction Contractors To Obtain Applicable 
State Licenses.--
            (1) Defense contracts.--(A) Chapter 141 of title 10, United 
        States Code, is amended by adding at the end the following new 
        section:
``Sec. 2410n. Construction contracts: requirement to obtain applicable 
              State licenses
    ``The Secretary of Defense shall require, in any contract entered 
into by the Secretary for the construction of a public building, 
facility, or work which is to be performed in a State that requires 
persons performing the type of work to be performed under the contract 
to be licensed, that the contractor be so licensed.''.
    (B) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``2410n. Construction contracts: requirement to obtain applicable State 
                            licenses.''.
            (2) Civilian agency contracts.--Title III of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 251 
        et seq.) is amended by adding at the end the following new 
        section:

``SEC. 318. CONSTRUCTION CONTRACTS: REQUIREMENT TO OBTAIN APPLICABLE 
              STATE LICENSES.

    ``The head of an executive agency shall require, in any contract 
entered into by the agency for the construction of a public building, 
facility, or work which is to be performed in a State that requires 
persons performing the type of work to be performed under the contract 
to be licensed, that the contractor be so licensed.''.
    (e) Requirement To Explain Hawaii Excise Tax in Federal Acquisition 
Regulation.--The Federal Acquisition Regulation shall be revised to 
contain provisions explaining the general excise tax law of the State 
of Hawaii.
    (f) Effective Date.--The amendments made by this Act shall apply 
with respect to contracts entered into after the date of the enactment 
of this Act.

SOLUTION: Fairness to Local Contractors Act - Amends the Federal Property and Administrative Services Act of 1949 and defense contract law to require a bidder or offeror, to be considered a responsible bidder or offeror for the construction of a public building, facility, or work, to submit a tax clearance (a document stating that such entity is in compliance with all State tax laws) from the State in which the contract is to be performed. Requires the head of a Federal or defense agency to withhold the final payment under such a contract until the contractor submits both a tax clearance and a certification of compliance with all State laws concerning payments to employees under a contract, including unemployment insurance, workers compensation, health insurance, and disability insurance.

Authorizes the head of a Federal or defense agency to: (1) withhold from any contractor payments amounts necessary to pay any State tax liability attributable to the contract; and (2) pay such amount directly to such State.

Directs the Secretary of Defense or agency head to require a contractor to be licensed if the State in which a construction contract is to be performed requires a license.

Requires revision of the Federal Acquisition Regulation to explain the general excise tax law of Hawaii.

PROBLEM: SECTION 1. FINDINGS.

    Congress finds the following:
            (1) The United States must have adequate infrastructure and 
        policies in place under the Department of Homeland Security to 
        protect against potential terrorists attempting to enter the 
        United States along the Southwest Border.
            (2) According to top government officials, several Al Qaeda 
        leaders believe operatives can pay their way into the country 
        through Mexico and also believe illegal entry is more 
        advantageous than legal entry for operational security reasons.
            (3) Official border patrol records reveal a disturbing 
        trend on the southern border indicating a growth in other than 
        Mexicans (OTMs), many from countries of interest, crossing into 
        the United States--between 2003 and 2004 the increase was at 
        least 35 percent.
            (4) Because of budget constraints, the U.S. Immigration and 
        Customs Enforcement Office of Detention and Removal does not 
        have sufficient bed space to detain all illegal immigrants from 
        special interest countries therefore releasing them on personal 
        recognizance.
            (5) The Department of Homeland Security estimates that up 
        to 90 percent of these immigrants do not appear for their 
        immigration hearings.
            (6) The Department of Homeland Security needs more 
        personnel at the borders with the necessary security clearances 
        and equipment to adequately screen and detain immigrants coming 
        to the United States.
            (7) The Secretary of Homeland Security should provide 
        appropriate training for inspectors, and associated support 
        staff, on an ongoing basis to utilize new technologies and to 
        ensure that the proficiency levels of such personnel are 
        acceptable to protect the borders of the United States.

SEC. 2. IMPROVEMENT IN SECURITY CLEARANCE PROCESS ALONG THE UNITED 
              STATES-MEXICO BORDER AND INCREASE IN DETENTION BEDS.

    (a) Improvement in Security Clearance Process.--The Secretary of 
Homeland Security shall--
            (1) expeditiously implement policies ensuring that 
        personnel of the Department of Homeland Security along the 
        United States-Mexico border have the security clearances 
        required to access information necessary to adequately screen 
        immigrants entering the United States at such border, including 
        IDENT and IAFIS databases and databases used by the 
        Department's inspectors in secondary inspections;
            (2) develop the interagency agreements and information 
        technology infrastructure necessary for border agents to 
        adequately screen immigrants entering the United States at such 
        border; and
            (3) explore information sharing programs with countries of 
        interest to adequately screen immigrants entering our borders.
    (b) Increase in Detention Beds.--Subject to the availability of 
appropriations, the Secretary of Homeland Security shall increase by 
the amount necessary the number of detention beds needed to detain all 
immigrants apprehended by U.S. Customs and Border Protection.
    (c) Sense of Congress.--It is the sense of the Congress that the 
Office of Detention and Removal Operation should be placed under the 
operational control of the Commissioner of U.S. Customs and Border 
Protection, since the largest client of such office is the Border 
Patrol.

SEC. 3. STUDY OF PERSONNEL LEVELS.

    (a) In General.--The Secretary of Homeland Security shall contract 
with an independent entity to undertake a study to determine the 
necessary level and allocation of personnel, including support staff, 
at United States ports of entry and border patrol sectors.
    (b) Items to Be Included.--Such study shall take into account at 
least the following:
            (1) The overall mission of U.S. Customs and Border 
        Protection.
            (2) Threat and vulnerability information pertaining to the 
        Nation's borders and ports of entry
            (3) The impact of new border security programs, policies 
        and technologies, and the level of cross-training received by 
        all staff.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit to the appropriate 
congressional committees, as defined in section 2(2) of the Homeland 
Security Act of 2002 (6 U.S.C. 101(2)), a report on the study conducted 
under this section.

SEC. 4. ONGOING TRAINING OF BORDER SECURITY PERSONNEL.

    The Secretary of Homeland Security shall provide appropriate 
training for all border security personnel, and associated support 
staff on an ongoing basis to utilize new technologies and to ensure 
that the proficiency levels of such personnel are acceptable to protect 
the borders of the United States.

SEC. 5. PROMPT AND PROPER ENFORCEMENT.

    (a) Sense of Congress.--It is the sense of the Congress that--
            (1) prosecutors and immigration judges are critical for the 
        prompt and proper enforcement of our immigration laws, and are 
        an important part of a comprehensive strategy; and
            (2) an insufficient number of prosecutors and immigration 
        judges currently exists to enforce the immigration laws of the 
        United States.
    (b) Authorization.--There are hereby authorized to be appropriated 
amounts necessary to provide for appropriate staff increases for 
judicial and prosecutorial offices, commensurate with other personnel 
increases directed in this Act.

SEC. 6. REPORT ON DETENTION AND REMOVAL OPERATIONS.

    (a) In General.--The Secretary of Homeland Security shall submit to 
the appropriate congressional committees (as defined in section 2(2) of 
the Homeland Security Act of 2002 (6 U.S.C. 101(2))) a report on 
detention and removal operations, detailing the amount of additional 
detention space and resources required to detain all persons presenting 
a possible threat to homeland security.
    (b) Information to Be Included.--The report shall include 
information on--
            (1) alternatives to detention, including electronic 
        monitoring, telephone, and voice recognition programs for those 
        on bond, and conducting deportation proceedings prior to 
        prisoners' release from Federal, State, and local prisons; and
            (2) countries to which removal is problematic.

SEC. 7. COMPREHENSIVE BORDER SECURITY STRATEGY.

    The Secretary of Homeland Security, in consultation with the heads 
of all other Federal agencies with border-related functions or with 
facilities or lands on or along the border, shall submit to the 
appropriate congressional committees (as defined in section 2 of the 
Homeland Security Act of 2002 (6 U.S.C. 101)) unclassified and 
classified versions of a unified, comprehensive strategy to secure the 
land borders of the United States. Such strategy shall be submitted not 
later than 6 months after the date of the enactment of this Act and 
shall include a description of the actions already taken to implement 
the strategy.

SOLUTION: Requires the Secretary of Homeland Security to: (1) ensure that Department of Homeland Security personnel along the U.S.-Mexico border have the security clearances required to access information to adequately screen entering immigrants; (2) develop the interagency agreements and information technology infrastructure necessary for such screening; (3) explore information sharing programs with countries of interest; and (4) increase by the amount necessary the number of detention beds needed to detain all immigrants apprehended by U.S. Customs and Border Protection (CBP).

Expresses the sense of Congress that the Office of Detention and Removal Operations should be placed under the operational control of the Commissioner of CBP (currently, under U.S. Immigration and Customs Enforcement).

Requires the Secretary to: (1) contract with an independent entity to study the necessary level and allocation of personnel at U.S. ports of entry and border patrol sectors; (2) provide ongoing training for all border security personnel; and (3) submit a report on detention and removal operations and a unified, comprehensive border security strategy to appropriate congressional committees.

Expresses the sense of Congress that: (1) prosecutors and immigration judges are critical for the prompt and proper enforcement of immigration laws and are an important part of a comprehensive strategy; and (2) there is an insufficient number of prosecutors and immigration judges for immigration enforcement. Authorizes appropriations for staff increases.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Mandates Relief Act of 
1993''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act--
            (1) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``executive agency'' in section 6501(3) 
        of title 5, United States Code.
            (2) Federal mandate.--The term ``Federal mandate'' means a 
        Federal requirement covered by this Act.
            (3) Local government.--The term ``local government'' 
        means--
                    (A) a county, city, town, village, or other general 
                purpose political subdivision of a State;
                    (B) a school district; and
                    (C) a unit of local government established under 
                State law for a particular public purpose.
            (4) Mandate schedule.--The term ``mandate schedule'' means 
        a schedule prepared by a Federal agency of the costs of 
        complying with each Federal mandate administered by the agency 
        as required by section 5.

SEC. 3. SUFFICIENT FEDERAL FUNDING REQUIREMENT.

    Notwithstanding any other provision of law, no State or local 
government shall be obligated to take any action required by Federal 
law, unless all expenses associated with such obligation are fully 
funded by the Federal Government pursuant to the provisions of this 
Act.

SEC. 4. PAY-OR-EXCUSE MECHANISM.

    A State or local government shall be excused from complying with a 
Federal mandate, unless--
            (1) it receives an appropriation of Federal funds to pay 
        for the costs of complying with the Federal mandate--
                    (A) in the amount specified in the pertinent 
                mandate schedule described in section 5; and
                    (B) in the amount of any additional costs specified 
                in section 6; and
            (2) the pertinent mandate schedule (including the annual 
        update) has been published as required by this Act.

SEC. 5. MANDATE SCHEDULES.

    (a) Agency Schedules.--
            (1) In general.--Each Federal agency that has authority to 
        administer a Federal mandate shall publish a schedule that 
        lists the costs of complying with each such mandate.
            (2) Content.--Each schedule shall include--
                    (A) the annual cost of complying with each Federal 
                mandate for which payments would be made within one 
                fiscal year; and
                    (B) the total cost of complying with each Federal 
                mandate that necessitates a State or local government 
                to undertake a capital expenditure for which payments 
                would be made over more than 1 fiscal year.
            (3) Publication.--Schedules shall be published through 
        notice and comment rulemaking, and shall be updated annually. 
        For each fiscal year, schedules shall be published by March 1 
        of the calendar year in which the fiscal year begins.
    (b) Statutory Mandate.--
            (1) In general.--It shall not be in order in the House of 
        Representatives or the Senate to consider any bill, joint 
        resolution, conference report, or amendment that establishes a 
        statutory mandate schedule.
            (2) Point of order.--In the Senate, this subsection may be 
        waived or suspended only by an affirmative vote of three-fifths 
        of the Members of the Senate, duly chosen and sworn.

SEC. 6. PAYMENTS OF ADDITIONAL COSTS.

    (a) In General.--If the costs to a State or local government of 
complying with a Federal mandate exceed the amounts appropriated to it 
according to the applicable mandate schedule, the State or local 
government shall be reimbursed for the amount of such additional costs. 
Such additional costs shall be well-documented and not the result of 
waste or mismanagement.
    (b) Payment.--A payment under this section shall be made within 30 
days of presentation of proof by a State or local government of 
additional costs to the pertinent administering agency.

SEC. 7. REFUND OF EXCESSIVE APPROPRIATIONS.

    To the extent any payment received by a State or local government 
pursuant to this Act exceeds the actual cost of complying with a 
Federal mandate, the State or local government shall refund the amount 
of excess to the United States Treasury.

SEC. 8. CONGRESSIONAL ESTIMATES.

    (a) In General.--Each bill or joint resolution considered on the 
floor of the House of Representatives or the Senate shall be 
accompanied by a report that estimates the costs to State and local 
governments that any Federal mandate in such bill or joint resolution 
would impose.
    (b) Estimates.--The estimates required by subsection (a) shall 
include--
            (1) the costs imposed upon any 1 State or local government, 
        as may be appropriate, for each particular Federal mandate in 
        the bill or joint resolution;
            (2) the total amount of costs imposed by each particular 
        Federal mandate; and
            (3) the total amount of such costs imposed by all Federal 
        mandates within the entire bill or joint resolution, for the 
        fiscal year in which the bill or joint resolution would take 
        effect, and for each of the next 4 fiscal years thereafter.
    (c) Point of Order.--
            (1) Congressional estimate.--It shall not be in order in 
        the House of Representatives or the Senate to consider any bill 
        or joint resolution that does not comply with the requirements 
        of subsection (b).
            (2) Point of order.--In the Senate, this subsection may be 
        waived or suspended only by an affirmative vote of three-fifths 
        of the Members of the Senate, duly chosen and sworn.

SEC. 9. APPLICATION OF ACT.

    This Act shall apply to Federal mandates imposed by Federal laws 
enacted or reauthorized by law after the date of enactment of this Act.

SOLUTION:
Federal Mandates Relief Act of 1993 - Prohibits State and local governments from being obligated to take any action required by any new Federal law, unless:  (1) all expenses associated with such obligation are fully funded by the Federal Government; and (2) each Federal agency that has authority to administer a Federal mandate publishes a schedule of compliance costs. 
Requires each bill or joint resolution considered in the Congress to be accompanied by a report estimating the costs to State and local governments that any Federal mandate in such legislation would impose.