Texas Attorney General Opinion: GA-0964 (open access)

Texas Attorney General Opinion: GA-0964

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, Greg Abbott, regarding a legal question submitted for clarification: Confidentiality of alcoholic beverage reports submitted to the Comptroller under section 151.462 of the Tax Code.
Date: September 12, 2012
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: GA-0965 (open access)

Texas Attorney General Opinion: GA-0965

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, Greg Abbott, regarding a legal question submitted for clarification: Transfer of a tax lien pursuant to section 32.06 of the Tax Code, and the items that may be secured by the transferred lien.
Date: September 12, 2012
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: GA-0966 (open access)

Texas Attorney General Opinion: GA-0966

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, Greg Abbott, regarding a legal question submitted for clarification: Authority to operate a golf cart under section 551.403 of the Transportation Code.
Date: September 12, 2012
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: GA-0967 (open access)

Texas Attorney General Opinion: GA-0967

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, Greg Abbott, regarding a legal question submitted for clarification: Whether an individual may be prosecuted for an alleged assaultive offense that occurred in 1998 when the person was thirteen years of age, and in which the victim died in 2011.
Date: September 14, 2012
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: GA-0968 (open access)

Texas Attorney General Opinion: GA-0968

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, Greg Abbott, regarding a legal question submitted for clarification: Authority of the City of San Antonio, Bexar County, and VIA Metropolitan Transit Authority to use the proceeds of a sales and use tax for a streetcar project in light of certain representations that were made preceding and election to create an advanced transportation district (RQ-1048-GA)
Date: September 17, 2012
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: GA-0969 (open access)

Texas Attorney General Opinion: GA-0969

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, Greg Abbott, regarding a legal question submitted for clarification: Authority of the Texas Higher Education Coordinating Board to promulgate a rule that would permit a veteran who is entitled to two kinds of federal education benefits to be eligible to apply for benefits under section 54.341, Education Code, based upon the federal program to which the veteran opts to apply rather than on the federal program which he or she is entitled to use (RQ-1053-GA)
Date: September 24, 2012
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: GA-0970 (open access)

Texas Attorney General Opinion: GA-0970

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, Greg Abbott, regarding a legal question submitted for clarification: Whether a state agency's demand for restitution based upon an unadjudicated claim for breach of a grant contract constitutes a "debt" to the state for purposes of section 403.055, Government Code (RQ-1054-GA)
Date: September 24, 2012
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Texas Attorney General Opinion: GA-0971 (open access)

Texas Attorney General Opinion: GA-0971

Document issued by the Office of the Attorney General of Texas in Austin, Texas, providing an interpretation of Texas law. It provides the opinion of the Texas Attorney General, Greg Abbott, regarding a legal question submitted for clarification: Authority of a county bail bond board with regard to attorneys who execute bail bonds: Clarification of Attorney General Opinion No. GA-0197 (2004) (RQ-1058-GA)
Date: September 24, 2012
Creator: Texas. Attorney-General's Office.
System: The Portal to Texas History
Waivers Related to the Temporary Assistance for Needy Families Block Grant (open access)

Waivers Related to the Temporary Assistance for Needy Families Block Grant

Correspondence issued by the Government Accountability Office with an abstract that begins "In response to a Congressional request for information on waivers related to TANF, we addressed the following questions:"
Date: September 19, 2012
Creator: United States. Government Accountability Office.
System: The UNT Digital Library
Modernizing the Nuclear Security Enterprise: Observations on the National Nuclear Security Administration's Oversight of Safety, Security, and Project Management (open access)

Modernizing the Nuclear Security Enterprise: Observations on the National Nuclear Security Administration's Oversight of Safety, Security, and Project Management

Testimony issued by the Government Accountability Office with an abstract that begins "The National Nuclear Security Administration (NNSA), a separately organized agency within the Department of Energy (DOE), has successfully ensured that the nuclear weapons stockpile remains safe and reliable by using state-of-the-art facilities as well as the skills of top scientists. Nevertheless, DOE’s and NNSA’s ineffective oversight of its contractors has contributed to many safety and security problems. As work carried out at NNSA’s sites involves dangerous nuclear materials such as plutonium and highly enriched uranium, stringent safety procedures and security requirements must be observed. In response to numerous serious safety incidents over several decades, DOE has taken steps to improve safety oversight. Recently, laboratory and other officials have raised concerns, however, that federal oversight has become excessive and overly burdensome. To address these concerns, DOE completed a safety and security reform effort to streamline or eliminate many DOE directives. However, GAO reported in April 2012 that the benefits of this reform effort are unclear because DOE did not determine if the original directives were, in fact, burdensome. In addition, the reform effort did not fully address safety concerns GAO and others identified in the areas of quality assurance, …
Date: September 12, 2012
Creator: United States. Government Accountability Office.
System: The UNT Digital Library
Coast Guard: Mission Performance Challenged by the Declining Condition and Rising Costs of its Legacy Vessel Fleet (open access)

Coast Guard: Mission Performance Challenged by the Declining Condition and Rising Costs of its Legacy Vessel Fleet

Testimony issued by the Government Accountability Office with an abstract that begins "From fiscal years 2005 through 2011, the physical condition of the Coast Guard's legacy vessels was generally poor. A primary Coast Guard measure of a vessel's condition--the operational percent of time free of major casualties--shows that the high endurance cutters, medium endurance cutters, and patrol boats generally remained well below target levels from fiscal years 2005 through 2011."
Date: September 20, 2012
Creator: United States. Government Accountability Office.
System: The UNT Digital Library
Status of Open World Exchange Program's Efforts to Strengthen Financial Management and Performance Measurement (open access)

Status of Open World Exchange Program's Efforts to Strengthen Financial Management and Performance Measurement

Correspondence issued by the Government Accountability Office with an abstract that begins "Since our 2004 report, Open World has taken a number of steps to address our recommendations on financial management controls, and has also generally followed leading financial management practices. For example, to address our recommendations, Open World (1) contracted with an independent public accountant to perform an assessment of its ability to be audited; (2) developed Financial Procedures and Directives guidance that covers key activities such as grants; (3) developed the Grant Procedures document, which enhanced accountability for its grantees; (4) submitted its financial statements to an annual financial statement audit since fiscal year 2005, resulting in clean audit opinions since fiscal year 2006; (5) established an audit committee, comprised of independent members that have financial and programmatic knowledge, which also reviews management's annual assessment of its internal controls; and (6) developed guidelines for grantees to calculate and report the estimated value of U.S. volunteers' contributed services, and also disclosed this value as part of its annual budget justification. Open World's financial management controls also generally followed leading practices for financial accountability. For example, Open World (1) developed appropriate policies, procedures, techniques, and mechanisms with respect to each …
Date: September 21, 2012
Creator: United States. Government Accountability Office.
System: The UNT Digital Library
Defense Logistics: Space-Available Travel Challenges May Be Exacerbated If Eligibility Expands (open access)

Defense Logistics: Space-Available Travel Challenges May Be Exacerbated If Eligibility Expands

Correspondence issued by the Government Accountability Office with an abstract that begins "According to DOD data, over 500,000 passengers used the space-available travel program from fiscal years 2009 through 2011. DOD data show that the five most-used air terminals have limited seats available. Specifically, seats for the three most-traveled destinations from each terminal were near capacity in Fiscal Year 2011. While there were some unused seats for space-available travel, these may be seats on routes with less-desirable destinations or during less-popular travel months. Additionally, DOD officials indicated that existing challenges with usage of the space-available travel program, adherence to DOD's original intent for the program, and air terminal logistics and maintenance would be exacerbated if the number of eligible passengers were to increase."
Date: September 10, 2012
Creator: United States. Government Accountability Office.
System: The UNT Digital Library
Defense Management: The Department of Defense's Annual Corrosion Budget Report Does Not Include Some Required Information (open access)

Defense Management: The Department of Defense's Annual Corrosion Budget Report Does Not Include Some Required Information

Correspondence issued by the Government Accountability Office with an abstract that begins "In summary, we found that DOD's fiscal year 2013 corrosion budget report to Congress (1) included some, but not all of the six mandated elements; (2) included a funding request that equals DOD's fiscal year 2013 stated requirements for corrosion activities and projects; and (3) lacked information needed to calculate the potential cost avoidance. First, DOD included three of the six mandated elements, did not include two of the elements, and one of the elements was not applicable this year. For example, DOD included the most recent annual corrosion reports of the military departments, attached in an annex. However, it did not include the funds requested in the budget compared to the funding requirements for the fiscal year covered by the report or the previous fiscal year. Second, DOD officials stated that the fiscal year 2013 budget request and the fiscal year 2013 funding requirements for activities and projects are the same this year--$9.1 million. According to these officials, DOD does not have any fiscal year 2013 unfunded requirements for corrosion activities and projects. Third, we did not calculate the cost avoidance DOD could achieve with its fiscal …
Date: September 10, 2012
Creator: United States. Government Accountability Office.
System: The UNT Digital Library
Maritime Security: Progress and Challenges 10 Years after the Maritime Transportation Security Act (open access)

Maritime Security: Progress and Challenges 10 Years after the Maritime Transportation Security Act

Testimony issued by the Government Accountability Office with an abstract that begins "GAO's work has shown that the Department of Homeland Security (DHS), through its component agencies, particularly the Coast Guard and U.S. Customs and Border Protection (CBP), have made substantial progress in implementing various programs that, collectively, have improved maritime security. In general, GAO's work on maritime security programs falls under four areas: (1) security planning, (2) port facility and vessel security, (3) maritime domain awareness and information sharing, and (4) international supply chain security. DHS has, among other things, developed various maritime security programs and strategies and has implemented and exercised security plans. For example, the Coast Guard has developed Area Maritime Security Plans around the country to identify and coordinate Coast Guard procedures related to prevention, protection, and security response at domestic ports. In addition, to enhance the security of U.S. ports, the Coast Guard has implemented programs to conduct annual inspections of port facilities. To enhance the security of vessels, both CBP and the Coast Guard receive and screen advance information on commercial vessels and their crews before they arrive at U.S. ports and prepare risk assessments based on this information. Further, DHS and its component …
Date: September 11, 2012
Creator: United States. Government Accountability Office.
System: The UNT Digital Library
Department of Homeland Security: Efforts to Assess Realignment of Its Field Office Structure (open access)

Department of Homeland Security: Efforts to Assess Realignment of Its Field Office Structure

Correspondence issued by the Government Accountability Office with an abstract that begins "DHS reported taking some steps to assess the realignment of its regional/field office structure. Since submitting an initial plan to Congress in 2004 that outlined regionalization, consolidation, and colocation opportunities, DHS officials said the agency considered the potential implementation of a unified regional field office structure through two major initiatives--the 2004 I-Staff review and the department's 2010 BUR. However, the I-Staff Regional Concept of Operations was not finalized or adopted, and in April 2012 a senior DHS official involved in the BUR effort stated that DHS no longer intends to implement the BUR recommendation related to regionalization because it is no longer the department's preferred approach. DHS had limited or no documentation related to either of these reviews, including the resulting key decisions from the efforts. As a result, we are unable to determine the extent to which DHS has fully considered the realignment of its regional/field office structure, including costs and benefits, since 2004. Standards for Internal Control in the Federal Government calls for clear documentation of significant events, which include assumptions and methods surrounding key decisions, and the standards also state that this documentation should be …
Date: September 28, 2012
Creator: United States. Government Accountability Office.
System: The UNT Digital Library
Operational Contract Support: Sustained DOD Leadership Needed to Better Prepare for Future Contingencies (open access)

Operational Contract Support: Sustained DOD Leadership Needed to Better Prepare for Future Contingencies

Testimony issued by the Government Accountability Office with an abstract that begins "Future overseas contingencies are inherently uncertain, but effective planning for operational contract support can help reduce the risks posed by those uncertainties. The Department of Defense (DOD) has made an effort to emphasize the importance of operational contract support at the strategic level through new policy and guidance and ongoing efforts. For example, in January 2011, the Secretary of Defense issued a memorandum outlining actions and indicating a need to influence a cultural shift in how the department manages contracted support in a contingency environment. DOD has also recognized the need to translate strategic requirements into plans at the operational level, but GAO's past work has shown that DOD's progress in anticipating contractor support in sufficient detail in operation plans has been slow. As a result, DOD has risked not fully understanding the extent to which it will be relying on contractors to support combat operations and being unprepared to provide the necessary management and oversight of deployed contractor personnel. One way to help address this risk is to ensure military commanders and senior leaders are cognizant of the roles contractors have in supporting DOD's efforts and the …
Date: September 12, 2012
Creator: United States. Government Accountability Office.
System: The UNT Digital Library
Homeland Security: DHS Requires More Disciplined Investment Management to Help Meet Mission Needs (open access)

Homeland Security: DHS Requires More Disciplined Investment Management to Help Meet Mission Needs

Testimony issued by the Government Accountability Office with an abstract that begins "In summary, we found that 68 of the 71 programs that responded to our survey reported that they experienced funding instability, faced workforce shortfalls, or that their planned capabilities changed after initiation. Most respondentsreported a combination of these challenges. We have previously reported that these challenges increase the likelihood acquisition programs will cost more and take longer to deliver capabilities than expected. Although DHS largely does not have reliable cost estimates and realistic schedules to accurately measure program performance, we used our survey results, cost information DHS provided to Congress, and an internal DHS review to identify 42 programs that experienced cost growth, schedule slips, or both. Further, using DHS's future-years funding plans - which aggregate funding levels to produce total project costs - we gained insight into the magnitude of the cost growth for 16 of the 42 programs. The total project costs for these 16 programs increased from $19.7 billion in 2008 to $52.2 billion in 2011, an aggregate increase of 166 percent."
Date: September 21, 2012
Creator: United States. Government Accountability Office.
System: The UNT Digital Library
Critical Infrastructure Protection: DHS Is Taking Action to Better Manage Its Chemical Security Program, but It Is Too Early to Assess Results (open access)

Critical Infrastructure Protection: DHS Is Taking Action to Better Manage Its Chemical Security Program, but It Is Too Early to Assess Results

Testimony issued by the Government Accountability Office with an abstract that begins "The November 2011 memorandum that discussed the management of the Chemical Facility Anti-Terrorism Standards (CFATS) program was prepared based primarily on the observations of the former Director of the Department of Homeland Security’s (DHS) Infrastructure Security Compliance Division (ISCD), a division of the Office of Infrastructure Protection (IP) within the National Protection and Programs Directorate (NPPD). The memorandum was intended to highlight various challenges that have hindered ISCD efforts to implement the CFATS program. According to the former Director, the challenges facing ISCD included not having a fully developed direction and plan for implementing the program, hiring staff without establishing need, and inconsistent ISCD leadership—factors that the Director believed place the CFATS program at risk. These challenges centered on three main areas: (1) human capital issues, including problems hiring, training, and managing ISCD staff; (2) mission issues, including problems reviewing facility plans to mitigate security vulnerabilities; and (3) administrative issues, including concerns about NPPD and IP not supporting ISCD’s management and administrative functions."
Date: September 11, 2012
Creator: United States. Government Accountability Office.
System: The UNT Digital Library
Aviation Security: 9/11 Anniversary Observations on TSA's Progress and Challenges in Strengthening Aviation Security (open access)

Aviation Security: 9/11 Anniversary Observations on TSA's Progress and Challenges in Strengthening Aviation Security

Testimony issued by the Government Accountability Office with an abstract that begins "The Transportation Security Administration (TSA) has taken actions to validate the science underlying its behavior-based passenger screening program, the Screening of Passengers by Observation Techniques, or SPOT, program, but more work remains. GAO reported in May 2010 that (1) TSA deployed SPOT before first determining whether there was a scientifically valid basis for using behavior and appearance indicators to reliably identify passengers who may pose a risk; and (2) it is unknown if the SPOT program has ever resulted in the arrest of anyone who is a terrorist, or who was planning to engage in terrorist related activity, although there is other evidence that terrorists have transited through SPOT airports. GAO recommended in May 2010 that the Department of Homeland Security (DHS) convene an independent panel of experts to review the methodology of the ongoing validation study on the SPOT program to determine whether it is sufficiently comprehensive to validate the program. DHS concurred and subsequently revised its validation study to include an independent expert review. DHS's study, completed in April 2011, found that SPOT was more effective than random screening to varying degrees; however, DHS noted limitations …
Date: September 11, 2012
Creator: United States. Government Accountability Office.
System: The UNT Digital Library
The Distribution of Federal Economic Development Grants to Communities with High Rates of Poverty and Unemployment (open access)

The Distribution of Federal Economic Development Grants to Communities with High Rates of Poverty and Unemployment

Correspondence issued by the Government Accountability Office with an abstract that begins "The distribution of grant funding per person in poverty in cities was not consistently aligned with overall poverty rates. Most cities, with the exception of those cities with the highest poverty rates, received roughly the same amount of economic development funding per person living in poverty. Further, when we examined how grant funds are distributed to cities based on their unemployment rates, we also found that some cities with higher unemployment rates received less funding per unemployed person than other cities with lower unemployment rates. However, we did find that a small number of cities (17 out of a total of 465 cities) with the highest unemployment rates received funding that was roughly 40 percent higher than the average for unemployed populations in all cities."
Date: September 14, 2012
Creator: United States. Government Accountability Office.
System: The UNT Digital Library
Military Training: DOD Met Annual Reporting Requirements and Improved Its Sustainable Ranges Report (open access)

Military Training: DOD Met Annual Reporting Requirements and Improved Its Sustainable Ranges Report

Correspondence issued by the Government Accountability Office with an abstract that begins "In our view, DOD's 2012 sustainable ranges report meets the annual statutory reporting requirements that DOD describe its progress in implementing its sustainable ranges plan and any additional actions taken or to be taken in addressing training constraints caused by limitations on the use of military lands, marine areas, and airspace. DOD's 2012 report also provides updates to several elements of the plan that the act required DOD to include in its original submission in 2004. These elements include (1) proposals to enhance training range capabilities and address any shortfalls in resources, (2) goals and milestones for tracking planned actions and measuring progress, and (3) projected funding requirements for implementing planned actions, among others. Taken together, these elements of DOD's 2012 sustainable ranges report describe the department's progress in implementing its comprehensive plan and addressing training constraints at its ranges, thus meeting the annual reporting requirements of the act."
Date: September 12, 2012
Creator: United States. Government Accountability Office.
System: The UNT Digital Library
Next Generation Air Transportation System: FAA Faces Implementation Challenges (open access)

Next Generation Air Transportation System: FAA Faces Implementation Challenges

Testimony issued by the Government Accountability Office with an abstract that begins "Delivering and demonstrating the Next Generation Air Transportation System's (NextGen) benefits: The Federal Aviation Administration (FAA) must deliver capabilities that provide aircraft operators with a return on their investments in NextGen avionics to convince operators to continue making equipment investments. However, operators have expressed concerns that FAA has not produced the navigational procedures needed to achieve benefits from existing avionics, such as reduced fuel burn and flight time. To help produce more beneficial procedures, FAA is, among other things, involving air traffic controllers and other stakeholders in the design of new procedures."
Date: September 12, 2012
Creator: United States. Government Accountability Office.
System: The UNT Digital Library
Medicare Private Health Plans: Selected Current Issues (open access)

Medicare Private Health Plans: Selected Current Issues

Testimony issued by the Government Accountability Office with an abstract that begins "In March 2012, GAO issued a report on the Centers for Medicare & Medicaid Services’ (CMS) Medicare Advantage (MA) quality bonus payment demonstration—a demonstration CMS initiated rather than implementing the quality bonus program established under the Patient Protection and Affordable Care Act (PPACA). Compared to the PPACA quality bonus program, CMS’s demonstration increases the number of plans eligible for a bonus, enlarges the size of payments for some plans, and accelerates payment phase-in. CMS stated that the demonstration’s research goal is to test whether scaling bonus payments to quality scores MA plans receive increases the speed and degree of annual quality improvements for plans compared with what would have occurred under PPACA. GAO reported that CMS’s Office of the Actuary estimated that the demonstration would cost $8.35 billion over 10 years—an amount greater than the combined budgetary impact of all Medicare demonstrations conducted since 1995. In addition, GAO also found several shortcomings of the demonstration design that preclude a credible evaluation of its effectiveness in achieving CMS’s stated research goal. In July 2012, GAO sent a letter to the Secretary of Health and Human Services (HHS), the head …
Date: September 21, 2012
Creator: United States. Government Accountability Office.
System: The UNT Digital Library