In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ambulatory Surgical Center Medicare 
Payment Modernization Act of 2005''.

SEC. 2. MEDICARE PAYMENT FOR AMBULATORY SURGICAL CENTER SERVICES.

    (a) In General.--Section 1833(i) of the Social Security Act (42 
U.S.C. 1395l(i)) is amended to read as follows:
    ``(i)(1) Payment shall be made under this part in the amount 
specified under paragraph (2) for facility services furnished to an 
individual in an ambulatory surgical center in connection with any 
outpatient surgical procedure covered under this part as a hospital 
outpatient department service, except for those procedures that the 
Secretary designates, in consultation with appropriate trade and 
professional organizations (including those having direct experience 
with ambulatory surgical centers) as posing a significant safety risk 
or requiring an overnight stay when performed in ambulatory surgical 
centers. Not less frequently than once every two years the Secretary 
shall review and, may, after public comment, make appropriate 
adjustments to this list of procedures excluded from coverage when 
performed in ambulatory surgical centers as the Secretary deems 
necessary.
    ``(2)(A) Subject to subparagraphs (B) and (C), the amount of 
payment to be made under this subsection for facility services 
furnished to an individual in an ambulatory surgical center in 
accordance with paragraph (1) shall be equal to 75 percent of the fee 
schedule amount determined under paragraph (3)(A) of subsection (t) for 
payment of the same service furnished in hospital outpatient 
departments, as adjusted under paragraphs (4)(A), (6), and (15) of such 
subsection, less a 20 percent beneficiary copayment.
    ``(B) For covered ambulatory surgical center services furnished on 
or after January 1, 2008, and before January 1, 2012, for which the 
ambulatory surgical center payment amount payable under this subsection 
in 2007 (in this subsection referred to as the `2007 ASC payment 
amount') is less than 75 percent of the hospital OPD fee schedule 
amount under subsection (t) in 2007 for the same services, the amount 
of payment under this subsection shall be calculated as follows:
            ``(i) For services furnished during 2008, the amount shall 
        be equal to the sum of--
                    ``(I) 80 percent of the 2007 ASC payment amount, as 
                increased by the percentage increase in the consumer 
                price index for all urban consumers (United States city 
                average) as estimated by the Secretary for the 12-month 
                period ending with December 31, 2006; and
                    ``(II) 20 percent of the payment amount under 
                paragraph (2)(A) for 2008.
            ``(ii) For services furnished during 2009, the amount shall 
        be equal to the sum of--
                    ``(I) 60 percent of the 2007 ASC payment amount as 
                increased under clause (i)(I) and as further increased 
                by the percentage increase in the consumer price index 
                for all urban consumers (United States city average) as 
                estimated by the Secretary for the 12-month period 
                ending with December 31, 2007; and
                    ``(II) 40 percent of the payment amount under 
                paragraph (2)(A) for 2009.
            ``(iii) For services furnished during 2010, the amount 
        shall be equal to the sum of--
                    ``(I) 40 percent of the 2007 ASC payment amount as 
                increased under clauses (i)(I) and (ii)(I) and as 
                further increased by the percentage increase in the 
                consumer price index for all urban consumers (United 
                States city average) as estimated by the Secretary for 
                the 12-month period ending with December 31, 2008; and
                    ``(II) 60 percent of the payment amount under 
                paragraph (2)(A) for 2010.
            ``(iv) For services furnished during 2011, the amount shall 
        be equal to the sum of--
                    ``(I) 20 percent of the 2007 ASC payment amount as 
                increased under clauses (i)(I), (ii)(I), and (iii)(I) 
                and as further increased by the percentage increase in 
                the consumer price index for all urban consumers 
                (United States city average) as estimated by the 
                Secretary for the 12-month period ending with December 
                31, 2009; and
                    ``(II) 80 percent of the payment amount under 
                paragraph (2)(A) for 2011.
    ``(C) For covered ambulatory surgical center services for which the 
2007 ASC payment amount is--
            ``(i) greater than 75 percent, but less than 100 percent, 
        of the hospital OPD fee schedule amount under subsection (t) in 
        2007 for the same services, the amount of payment under this 
        subsection shall be the greater of the 2007 ASC payment amount 
        or--
                    ``(I) for services furnished in 2008, the payment 
                amount under subparagraph (B)(i);
                    ``(II) for services furnished in 2009, the payment 
                amount under subparagraph (B)(ii);
                    ``(III) for services furnished in 2010, the payment 
                amount under subparagraph (B)(iii);
                    ``(IV) for services furnished in 2011, the payment 
                amount under subparagraph (B)(iv); or
                    ``(V) in 2012 and subsequent years, the payment 
                amount under subparagraph (A),
        but in no case in excess of the then applicable hospital OPD 
        fee schedule amount; or
            ``(ii) greater than the hospital OPD fee schedule amount 
        under subsection (t) in 2007 for the same services, the amount 
        of payment under this subsection--
                    ``(I) for services furnished during 2008, is equal 
                to the midpoint between the 2007 ASC payment amount and 
                100 percent of such 2007 hospital OPD fee schedule 
                amount; or
                    ``(II) for services furnished in a subsequent year 
                is equal to the greater of the 2007 hospital OPD fee 
                schedule amount or the payment amount specified under 
                subclause (I) through (V) of clause (i) for the year 
                involved, but but in no case in excess of the then 
                applicable hospital OPD fee schedule amount.''.
    (b) Conforming Amendments.--
            (1) Section 1832(a)(2)(F)(i) of such Act (42 U.S.C. 
        1395k(a)(2)(F)(i)) is amended--
                    (A) by striking ``section 1833(i)(1)(A)'' and 
                inserting ``section 1833(i)(1)'';
                    (B) by striking ``the standard overhead amount as 
                determined under section 1833(i)(2)(A)'' and inserting 
                ``the amount determined under section 1833(i)(2)''; and
                    (C) by striking all that follows ``as full payment 
                for such services'' and inserting ``, or''.
            (2) Section 1833(a)(1)(G) of such Act (42 U.S.C. 
        1395l(a)(1)(G)) is amended--
                    (A) by striking ``subsection (i)(1)(A)'' and 
                inserting ``subsection (i)(1)'';
                    (B) by striking ``for services furnished 
                beginning'' and all that follows through ``subsection 
                (i)(2)(D)''; and
                    (C) by striking ``such revised payment system'' and 
                inserting ``under subsection (i)(2)''.
            (3) Section 1833(a)(4) of such Act (42 U.S.C. 1395l(a)(4)) 
        is amended--
                    (A) by striking ``section 1833(i)(1)(A)'' and 
                inserting ``subsection (i)(1)''; and
                    (B) by striking ``paragraph (2) or (3) of 
                subsection (i)'' and inserting ``subsection (i)(1)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to ambulatory surgical center services furnished on or after 
January 1, 2008.

Ex Output:
Ambulatory Surgical Center Medicare Payment Modernization Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to revise the requirements and the formula for payments for services furnished to individuals in ambulatory surgical centers.


Ex Input:
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.

Ex Output:
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.


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Toxic Metals Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Antimony.--The term ``antimony'' means elemental 
        antimony (Sb) and any compounds or alloys which contain 
        antimony.
            (2) Barium.--The term ``barium'' means elemental barium 
        (Ba) and any compounds or alloys which contain barium.
            (3) Cadmium.--The term ``cadmium'' means elemental cadmium 
        (Cd) and any compounds or alloys which contain cadmium.
            (4) Children's jewelry.--
                    (A) In general.--The term ``children's jewelry'' 
                means any jewelry, including charms, bracelets, 
                pendants, necklaces, earrings, or rings, that is 
                designed or intended to be worn or used by children 12 
                years of age or younger and is sold or distributed at 
                retail.
                    (B) Determination of intention for wear or use by 
                children.--In determining under subparagraph (A) 
                whether jewelry is designed or intended for wear or use 
                by children 12 years of age or younger, the following 
                factors shall be considered:
                            (i) A statement by a manufacturer about the 
                        intended use of the product if such statement 
                        is reasonable.
                            (ii) Any label on the product.
                            (iii) Whether the product is represented in 
                        its packaging, display, promotion, or 
                        advertising as appropriate for children 12 
                        years of age or younger.
                            (iv) Whether the product is commonly 
                        recognized by consumers as being intended for 
                        use by children 12 years of age or younger.
                            (v) The Age Determination Guidelines: 
                        Relating Children's Ages to Toy Characteristics 
                        and Play Behavior, issued by the Commission in 
                        September 2002, and any modifications to such 
                        Guidelines.
            (5) Commission.--The term ``Commission'' means the Consumer 
        Product Safety Commission.
            (6) Sold or distributed at retail.--The term ``sold or 
        distributed at retail'' means sold or distributed to a 
        consumer, but does not include selling activity that is 
        intermittent.

SEC. 3. BAN ON CERTAIN PRODUCTS CONTAINING CADMIUM, BARIUM OR ANTIMONY.

    (a) Treatment as Banned Hazardous Substance.--Any children's 
jewelry that is composed in whole or in part of cadmium, barium, or 
antimony shall be treated as a banned hazardous substance under the 
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.).
    (b) Treatment as a Regulation Under the Federal Hazardous 
Substances Act.--The ban imposed under subsection (a) shall be treated 
as regulations of the Commission promulgated under or for the 
enforcement of section 2(q) of the Federal Hazardous Substances Act (15 
U.S.C. 1261(q)).
    (c) Regulations.--The Commission may prescribe regulations to carry 
out the provisions of this Act.

SEC. 4. ENFORCEMENT.

    (a) Penalties.--
            (1) In general.--Any failure of a person subject to a 
        requirement of section 3 to comply with such requirement shall 
        be treated as a violation of section 4 of the Federal Hazardous 
        Substances Act (15 U.S.C. 1263) and subject to the penalties 
        set forth in section 5 of such Act (15 U.S.C. 1264).
    (b) Reports.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Commission shall submit to Congress a report on the actions 
        taken by the Commission to enforce the provisions of this Act, 
        including a summary of the criminal and civil penalties imposed 
        under subsection (a).
            (2) Heavy metals.--Not later than 1 year after the date of 
        the enactment of this Act, the Commission shall submit a report 
        to Congress regarding heavy metals which should be banned from 
        children's products.

SEC. 5. EFFECT ON FEDERAL AND STATE LAW.

    (a) In General.--Nothing in this Act or section 18(b)(1)(B) of the 
Federal Hazardous Substances Act (15 U.S.C. 1261 note) shall affect the 
authority of any State or political subdivision of a State to establish 
or continue in effect a provision of the law of a State or political 
subdivision of a State relating to regulation of products containing 
cadmium, barium, or antimony, except to the extent that compliance with 
both State and Federal law is impossible. Nothing in this section shall 
be construed to modify or affect any enforcement action or liability of 
any person under the law of any State.
    (b) Preservation of Certain State Law.--Nothing in this Act shall 
be construed to preempt or otherwise affect any warning requirement 
relating to consumer products or substances that is established 
pursuant to State law that was in effect on August 31, 2003.

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect on the date of the enactment of this Act 
and shall apply with respect to children's jewelry manufactured on or 
after the date that is 90 days after such date of enactment.

Ex Output:

Children's Toxic Metals Act - Bans as a hazardous substance and prohibits the manufacture, sale, or distribution in commerce of jewelry containing cadmium, barium, or antimony for children 12 years old or younger.

Sets forth: (1) factors to determine whether jewelry is designed or intended for wear or use by such children; and (2) penalties for violations of such prohibition.