FALSE IDENTIFICATION CRIME CONTROL ACT OF 1982
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K
Document Page Count:
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Document Creation Date:
December 20, 2016
Document Release Date:
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Publication Date:
October 1, 1982
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S`13018
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CONGRESSIONAL RECORD -- SENATE October 1, 1982'
poses as well as to help protect the
public and the economy. The House
has. authorized $3 million for the first
phase of development of an earth-
quake prediction and warning net-
work. I agree steps toward such a net-
work should be initiated. However, in-
vestigations of the requirements of the
program lead me to conclude that $1
million will be appropriate to the plan-
ning that can reasonably be accom-
plished in fiscal year 1983.
The USGS, in 'conjunction with
other -Federal agencies and-the State
of California, should submit a plan to
Congress by July 1, 1983, indicating
the tasks, responsibilities, and mile-
stones required to have such a capabil-
ity by 1988 and to be able to respond
to information from such a capability.
It is essential in my opinion that a
warning and prediction capability be
developed jointly by the Federal Gov-
ernment and the States. Authorization
for subsequent appropriations should
be dependent upon the States
making substantial contributions to
the development and the operation of
a prediction and warning network.
Mr. President, I recommend passage
of S. 2273 with these amendments.
. The PRESIDING OFFICER. The
question is on the amendment of the
Senator from Tennessee.
he amendment (UP No. 1367) was
e PRESIDING OFFICER. The
he motion was agreed to.
TFALSE- IDENTIFICATION CRIME
CONTROL ACT OF 1982
Mr. BAKER. Mr.. President, next I
would like to ask the Senate to treat
with H.R. 6946.
Mr. ROBERT C. BYRD. Mr. Presi-
dent, there is no objection on this side.
Mr. BAKER. .1 thank the minority
leader.
I ask then that the Senate proceed
to the consideration of H.R. 6946. I
ask unanimous consent to do so.
The PRESIDING OFFICER. With-
out objection, it is so ordered. The
clerk will state the bill by title.
The assistant legislative clerk read
as follows:
A bill (H.R. 6946) to amend title 18 of the
United States Code to provide penalties for
certain false identification related crimes.
The Senate proceeded to consider
the bill.
UP AMENDMENT NO. 1368
Mr. BAKER. Mr. President, I send
to the desk'an amendment by the dis-
tinguished Senator from South Caroli-
na, the President pro tempore, Mr.
THURMOND.
The PRESIDING OFFICER. The
clerk will report.
-The assistant legislative clerk read
as follows:
The Senator from Tennessee (Mr. BAKER),
on behalf of Mr. THURMOND, proposes an un-
printed amendment numbered 1368.
Mr. BAKER. Mr. President, I ask Ported to be that of 'the person named in
unanimous consent that further read- ,sach tIbiltificationdocument-aandwhich?>has
ing of the amendment be dispensed -not been verified pursuant to subsection (b)
with. shall be fined not more than $1,000, impri$-
The. PRESIDING OFFICER. With- oned not more than one year, or both. j
out objection, it is so ordered. "(b) For purposes of subsection (a), an
identification document is,verified if the
The amendment is as follows: osentler obtains adequate assurances stating
(2) On page 2, following line 21, insert the
following new paragraphs:
"(6),.possesses an identification document
that is or appears to be an identification
document of the United States which is
stolen or produced without authority know-
ing that such document was stolen or pro-
duced without authority; or
"(7) knowingly possesses an identification
document (other than one issued lawfully
for the use of the possessor) or a false iden-
tification document, with the intent such
document be used in the commission of a
crime that may be prosecuted in a court of
the United States for which the penalty in-
cludes imprisonment for one year or more;".
(3) On page 4, line 13,-following "(a)(4)"
insert "or (a)(7)".
(4) On page 4, strike out lines 23 and 24
and insert in lieu thereof the following:
"the United States Government, a State,
political subdivision of a State; foreign gov-
ernment, or political subdivision of a foreign
government,".
(5) On page 5, line 2, following the word
"type", insert "intended or".
(6) On page 5, line 14, following the word
"includes" insert "any State of the United
States,".
(7) On .page 5, line 19, following the word
"a" the second time it appears, insert the
word "political".
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment of the Senator from Tennessee.
The amendment (UP No. 1368) was
agreed to.
UP AMENDMENT NO. 1369
(Purpose: To provide penalties for interstate
transportation of false identification docu-
ments)
Mr. BAKER. There is at the desk,
Mr. President, an. amendment by the
distinguished Senator from - New
Hampshire (Mr. HUMPHREY) and I ask
that the clerk state that amendment.
The PRESIDING OFFICER. The
clerk will report. -
The assistant legislative clerk read
as follows:
The Senator from Tennessee (Mr. BAKER)
for Mr. HUMPHREY proposes an imprinted
amendment numbered 1369.
Mr. BAKER. Mr. President, I ask
unanimous consent that further read-
ing of the amendment be dispensed
with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is as follows:
At the end of the bill, add the following:
SEC. 4. Chapter 83 of title 18, United
States Code, is amended by adding at the
end thereof the following new section:
"? 1738.. Identification documents bearing a
false birth date -
"(a) -Whoever; being- in- the business-of
-selling identification documents,-and in fur-
therance of that business,-uses..the-mails, for
-the-mailing, carriage in the mails, or deliv-
ery-of, or causes to be transported in inter-
state or foreign commerce,-.any-identifica-
tion-document which bears a-birth date pur-
that-
"(1) the birth date purported to be that of
the person named in such identification doc-
ument is thedate of birth of such person; or
"(2) such person. is twenty=one years of
age. orolder.
"(c) It is a defense to this section if, with
respect to the identification .document in-
volved-
"(1) the birth bate purported to be that of .
the person named in such identification doc-
ument is-the-date=of birth of such person;
"(2) such person was twenty-one years of
age or older on the date such identification
document was mailed, shipped, or transport-
ed; or
"(3)' ch- identification iftseument was
,nailed, shipped, or transported in the
course of business by-
"(A) the4United? States or an agency there-
of, a State, or an agency thereof, or a unit
of local government of a State;
'.(B) a,physician registered or licensed by
a State; or
"(C) a hospital--or medical clinic licensed
by a State or a unit of local government of a
State.
"(d) For purposes of this section-
"(1) the term 'adequate-assurances' means
an_-official}certification or communication,
in writing ; ftom-
"(A) the-United,Siateaor an agency there-
of, a State or an agency thereof or a unit of
local government of a State;
"(B) a physician registered or licensed by
a State; or
"(C) a hospital or medical clinic licensed
by a State or a unit of local government of a f
State. /
"(2) the term 'identification document'
means a card, certificate, or paper intended
to be used primarily to identify an individu-
al; and '
"(3) the term 'State' includes any State of
the United States, the District of Columbia,
the Commonwealth of Puerto Rico, and any
territory or possession of the United States.
or intelligence activity of a law enforcement
agency -of the United States, a State, or a
political subdivision of a State, or of an in-
telligence agency of the United States, or
any activity authorized under title V of the
Organized Crime Control Act of 1970 (18
ning of chapter 83 of title 18, United States
Code, is amended by adding at the end
thereof the following new item:
"1738. Identification documents bearing
false birth date.".
SEC. 6. Section 3061(b) of title 18, United
States Code, is amended by striking the
period at the end and inserting in lieu there-
of ", and section 1738 of this title.".
SEC. 7. Section 3001(a) of title 39, United
States Code, is amended by striking out "or
1718" and inserting in lieu thereof ", 1718,
or 1738".
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment of the Senator from Tennessee.
The amendment (UP No. 1369) was,
agreed to.
The PRESIDING OFFICER. If
there be no further amendments, the
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CONGRESSIONAL RECORD - SENATE S13017
America chose what should be recognized as
the most important profession in the world,
dedicated their working livs to the battle
against prejudice, greed, and ignorance and
received very little material remuneration
for their dedication; and
Whereas it is fitting to acknowledge a
debt of gratitude to these-former teachers,
who gave the country the most important
gift of all, the instruction of its youth: Now,
therefore, be it
Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled, That November 14,
1982, is designated as "National Retired
Teachers Day", and the President is author-
ized and requested to issue a proclamation
calling on the people of the United States to
observe such day with appropriate ceremo-
nies and activities. -
Mr. BAKER. Mr. President, I move
to reconsider the vote -by which the.
serting "; $475,000 for the fiscal year ending
September 30, 1983; and such sums as may
be necessary for the fiscal year ending Sep-
tember 30, 1984" before the period at the
end thereof.
(e) Section 7(e) of suc'h.Act is amended by
striking out "the fiscal year ending Septem-
ber 30, 1982" and inserting in lieu thereof
"each of the fiscal years ending September
30, 1982, September 30, 1983, and September
30, 1984',':
TITLE II-MULTIHAZARD RESEARCH,
PLANNING, AND MITIGATION
SEC. 201. Section 302 of Public Law 96-472
is amended by adding at the end thereof the
following new subsection:
"(c) For the fiscal year ending September
30, 1983, there are authorized to be appro-
priated to the Director- -
"(1) $2,774,000 to carry out section 301,
which amount shall include-
"(A) not less than $300,000 to carry out
joint resolution was. passed. - the purposes of paragraphs (1) through (6)
Mr. ROBERT C.BYRD. I move to of such section; -
lay that motion on the table. - "(B) such sums as may be necessary, but
The motion to lay on the table was in any case not less than $939,000, for use
agreed to. by the United States Fire Administration in
carrying out paragraph (7) of such section;
EARTHQUAKE HAZARDS "(C) not less than $1,535,000 to carry out
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REDUCTION paragrap
to those large California earthquakes which
a House message on S. 2273, Earth- Council's Ad Hoc Committee on Assessment
quake Hazards Reduction Act which is of Consequences and Preparations for a
available-for action if the minority Major California Earthquake and with re-
leader is agreeable. spect to other high seismic risk areas in the
.Mr. ROBERT C. BYRD. Mr. Press- United States; and
dent, this side is rto proceed. "(2) such further sums as may be neces-
nt sary for adjustments required by law in. sal-
Mr. BAKER. ready a President, I ask
for
that the Chair lay before the Senate a fiaries, ncuurr incurred retirement. in the and employee-
fits in the conduct of f
for
message from. the House of Repre- which. funds are authorized by paragraph
sentatives on S. 2273. (1) of this subsection. - -
The PRESIDING - OFFICER laid . Amend the title so as to .read: "An Act to
`sage from the House of Representa- Act of far. to extend authorizations of ap-
Lives: - propriations, and for other purposes.".
Resolved, That the bill from the Senate Mr. BAKER. Mr. President, I move
(S. 2273) entitled "An Act to amend section that the Senate concur in the amend-
7 of-the Earthquake. Hazards Reduction Act ments of the House with an amend-
of 1977 (42 U.S.C. 7706) to extend authoriza. ment which I send to the desk on
tions for appropriations, and for other pur- behalf of the distinguished Senator'
poses", do pass with the following amend- from New Mexico (Mr. SCHMITT).
ments: - - - - UP AMENDMENT NO. 1367 -
Strike out all - after' the enacting clause ? - The PRESIDING OTi Ti Td1V' 7 The
TITLE I-EARTHQUAKE HAZARDS clerk will report. -
REDUCTION PROGRAM The .assistant legislative clerk read
as follows:
SEc.101. (a) Section 7(a) of the Earth-
quake Hazards Reduction Act of 1977 is
amended by adding at the end thereof the
following new paragraph:
"(4) There 'are authorized to be appropri-
ated to the.Director, to carry out the provi-
sions of sections 5- and 6 of this Act,
$1,281,000- for the. fiscal year ending Sep--
tember 30, 1983, and such sums as may be
necessary for the fiscal year ending Septem-
ber 30,1984.". -
(b) Section 7(b) of such Act is amended by
The Senator from Tennessee (Mr. BAKER)
on behalf of Mr. ScIMiTr proposes an un-
printed amendment numbered 1367.
Mr. BAKER. Mr. President, I ask
unanimous consent that further read-
ing of the amendment be dispensed
with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is.as follows:
striking out "and" after "1981;", and by in- Namely, in the House -amendment to the
serting "; $33,843,000 for the fiscal year Senate bill:
as- may be necessary for the fiscal year posed to be made to section 7(a) of the
ending September 30; 1984" before the Earthquake Hazards Reduction Act of 1977,
period at the end thereof. and strike all after "-'1983" through "1984".
(c) Section 7(c) of such Act is amended by . In section 101(b), in the amendment pro-
striking out "and" after "1981;", and by in- posed to be made to section 7(b) of the
serting ; $25,000,000 for the fiscal year Earthquake Hazards Reduction Act of 1977,
ending September -30, 1983; and such- sums insert "and" immediately before
as may be. necessary for the fiscal year $31,843,000", and strike all after "1983"
ending September 30, 1984" before the through "1984".
period at the end thereof. In section 101(c), in the amendment pro-
(c) Section 7(d) of such Act is amended by posed to be 'made to section 7(c) of the
striking out "arid" after "1981;", and by in- Earthquake Hazards Reduction Act of 1977,
insert "and" immediately before -
$25,000,000". and strike all after "1983"
through "1984".
In section 101(d), in the amendment pro-
posed to be made, to- section 7(d) of - the
Earthquake Hazards Reduction Act of 1977,
insert "and" immediately - before -
$475,000", and strike all after "1983"
through "1984". - - "
In section 101(e), in the amendment pro-
posed to be made to section 7(e) of the
Earthquake Hazards Reduction Act of 1977,
strike all after "1982" ? and insert in lieu
thereof "'and September 30, 1983'.".
O Mr. SCHMITT. Mr. President, S.
2273, an act to amend section 7' of the
Earthquake Hazards Reductions -Act
of 1977, was originally passed -by the
Senate on April 29, 1982. On Septem-
ber 14, 1982, the House of, Representa-
tives amended and passed S. -2273,
authorizing funds for fiscal year 1983
and such sums as may be necessary for
the fiscal year ending September 30,
1984, for the Federal Emergency Man-
agement Agency (FEMA), the U.S.
Geological- Survey (USGS), the Na-
tional Science Foundation (NSF),' and
the National Bureau of Standards
(NBS).
S. 2273, as. amended and passed by
the House of `Representatives is ac=
ceptable to' the Committee on - Com-
merce, Science, and- Transportation
with certain modifications to the
House amendments. The modification
we recommend accomplishes two pur-
poses:
Eliminates authorizations for such _
sums as may be necessary for the
fiscal year ending September 30, -1984;
and
Reduces- the total authorization for
fiscal year 1983 from $33,843,000 to '
$31,843,000. -'
In section 101(b) after "by_ Insert-
ing;" insert - $31,843,000. 'in place of
$33,843,000. In section 101(a)(4) -after
September 30, 1983, insert a. period
and strike ", and such sums as may be
necessary for the fiscal year ending
September 30, 1984."
In section 101(b) after September 30,
1983, insert a period and strike 11, and
such sums as may be necessary for the
fiscal .year -- ending September 30,
1984." -
In section- 101(c) after September 30,
1983, insert a period and:strike ", and
such sums as may be necessary for the
fiscal year ending September 30,
1984." -
In section 101(d) after September 30;
1983,-insert -a period and strike ", and
such sums as may be necessary for
fiscal year 1984." . . -
In section 101(e) after September 30,
1982, strike ", September 30, 1983 and
'September 30, 1984" and insert "and
September 30, 1983."
I have expressed concerns for sever-
al years about slow progress in devel-
oping a prototype short-term predic-
tion and warning capability and earlier
this year, recommended that -a target
date of 1988 be set for the operation of
such a system. Such a system could
collect valuable data for research pur-_
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October 1, 1982
CONGRESSIONAL RECORD - SENATE S 13019
question is on the engrossment of the
amendments and third reading of the
bill.
The amendments were ordered to be
engrossed and the bill to be read a
third time. The bill was read the third
time and was passed.
Mr. BAKER. Mr. President, I move
that the Senate insist on its amend=
ments and request a conference. with
the House and that the Chair be au-
thorized to appoint conferees on the
part of the Senate.
The motion was agreed to; and the
Presiding Officer (Mr. MATTINGLY) ap-
pointed Mr. THURMOND, Mr. - LAxALT,
Mr. HATCH, _ Mr. SIMpsoN, Mr. HUM-
PHREY, Mr. BIDEN, Mr. DECONCINI, and
Mr. HEFLIN conferees on -the part of
GEOGRAPHIC DISTRIBUTION -OF
FEDERAL FUNDS
Mr. BAKER. Mr. President, I am
prepared to ask the Senate to consider
a message from the House on S.' 2386,
if the minority leader has no objec-
tion.
Mr. ROBERT C. BYRD. Mr. Presi-
dent; this side is ready to proceed.
Mr. BAKER. Mr. President, I ask
that the Chair lay before the Senate a
message from the House of Repre-
sentatives on S. 2386.
The PRESIDING OFFICER laid
before the Senate the following mes-
sage from the House of Representa-
tives:
-
Resolved, That the bill from the Senate
(S. 2386) entitled "An Act to require the Di-
rector of the Office of Management and
Budget to prepare an annual report consoli-
dating the available data on the geographic
distribution of Federal funds, and for other
purposes", do pass with the following
Strike out all after the enacting clause,
and insert:
SECTION 1. This Act may be cited as the
"Consolidated Federal Funds Report Act of
1982".
SEC. 2. As used in this Act, the term-
(1) "Director" means the Director of the
Office of Management and Budget;
(2) "State" means any State, the Com-
monwealth of Puerto Rico, the District of
Columbia, Guam, American Samoa, the
Virgin Islands, the Government of the
Northern Mariana Islands, and the Trust
Territory of the Pacific Islands; and -
(3) "municipality" means any subcounty
unit of local government that received Fed-
eral assistance under the State and Local
Fiscal Assistance Act of 1972 (31 U.S.C.
1221) for the appropriate fiscal year.
SEC. 3. (a)- For fiscal years 1983, 1984, and
1985, not later than one hundred and eighty
days after the end of each fiscal year, the
Director shall prepare a Consolidated Fed-
eral Funds Report presenting the total
amount of Federal funds that were obligat-
ed for expenditure in or expended in each
State, county or parish, congressional dis-
trict, and municipality of the United States
in appropriate general categories of Federal
funds during the preceding fiscal year. The
report shall be in, the form described in sub-
section (b)-and shall be-based on the data
referred to in subsection (c).
(b) The Director shall include in each
report required by subsection (a)-
(1) the total amount of Federal funds that
were reported obligated for expenditure in
each State, county or parish, congressional
district, and municipality of the United
States in appropriate general categories of
Federal funds in the fiscal year preceding
the fiscal. year in which the report is made;
or
(2) the total amount of Federal funds that
were reported actually expended in each
State, county or parish, congressional dis-
trict, and municipality of the United States
in appropriate categories in the the fiscal
year preceding the fiscal year in which the
report is made.
(c) The report required by subsection (a)',
shall be based on the data included in-
(1) the Federal Assistance Awards Data
System established as a result of the study
referred to in the first sentence of section 8;
(2) the Federal Procurement Data System
referred to in section 6(d)(5) of the Office of.
Federal Procurement Policy Act (41 U.S.C.
405(d)(5)):
(3) the appropriate data file of the Office
of Personnel Management; and
(4) the records of the Office of the Secre-
tary of Defense.
(d) For the purposes of subsection (b), the
general categories of Federal funds present-
ed in each report required by subsection (a)
shall include data with respect to grants,
loans, purchases and contracts, cooperative
agreements, direct Federal payments to in-
dividuals, pay of civilian employees of the
Government, military pay, annuities, retire-
ment pay, pensions, and disability compen-
sation.
SEC. 4. (a) The Director shall prepare a
report setting forth the total amount of
Federal funds that were obligated for ex-
penditure in or expended in each State in
appropriate general categories of Federal
funds during each of the fiscal years 1981
and 1982. The report shall be in the form
described in subsection W.
(b) The Director shall include in each
report required by subsection (a)-
(1) the total amount of Federal funds that
were reported obligated for expenditure in
each State in appropriate general categories
of Federal funds in the fiscal year preceding
the fiscal year in which the report is made;
or
(2) the total amount of Federal funds that
were reported actually expended in each
State in appropriate general categories in
the fiscal year preceding the fiscal year in
which the report is made.
(c) For the purposes of subsection (b), the
general categories of Federal funds present-
ed in each report required by subsection (a)
shall include data. with respect to grants,
loans purchases and contracts, direct Feder-
al payments to individuals, pay of civilian
employees of the Government, military pay,
annuities, retirement pay, pensions, disabil-
ity compensation, and other large programs
or categories where data are available such
as the National Aeronautics and Space Ad-
ministration and the Army Corps of Engi-
neers.
(d) The reports required by subsection (a)
shall be available no later than one hundred
and twenty days after the end of fiscal year
1982.
SEC. 5. (a)(1) The Director shall-
(A) prepare-
(i) printed copies of each of the reports re-
quired by this Act; and
(ii) computer tapes of such reports; and
(B) make the printed copies of the reports
and the computer tapes available to the.
.public for purchase at a price fixed .under
subsection W.
.(2) The Director shall transmit free of
charge one of each of the printed copies of
the reports required by this Act to-
' (A) each Federal regional depository li-
brary;
(B) the Committees on Government Oper-
ations, the Budget, and Appropriations of
the House of Representatives; and
(C) the Committees on Governmental Af-
fairs, the Budget, and Appropriations of the
Senate.
(3) The Director shall also promptly
transmit, free of charge, one computer tape
of the report required by section 3 annually
and of the data in the System required by
section 8 quarterly to the Committee on
Rules and Administration of the Senate and
to the Committee on House Administration
of the House of Representatives.
(4) Subject to subsection (b), the Director
may, at his discretion, waive. all or part of
the fee required by subsection (a)(1)(B) of
this section.
(b) In carrying out subsection (a)(1)(B),
the Director shall, based on the estimates
made under paragraphs (1) and (2) of this
subsection, fix the price of each printed
copy and each computer tape of the report
so that the aggregate revenues obtained in
each fiscal year under subsection (a) will
cover as much of the incremental costs in-
curred in making these reports and tapes
available for purchase by the public as is
feasible. In computing these costs the Direc-
tor shall not consider the costs of the activi-.
ties set forth in sections 7; 8, and 10, but
shall consider-
(1) the cost of compiling the reports re-
quired by this Act; preparing the printed
copies and computer tapes under subsection
(a); and distributing the printed copies and
the computer tapes of, the report for each
fiscal year; and
(2) the number of printed copies and the
number of computer tapes, of the report
that will be purchased.
SEC. 6. In order to carry out sections 3, 4,
and 5 of this Act, the Director may delegate
to any authority of the executive branch of
the Federal Government the responsibility
for carrying out such sections. The Director
shall oversee the activities of any authority
to which responsibilities are delegated
under this section and shall monitor the
compliance of each authority with respect
to the requirements set forth in section 7.
SEC. 7. Each head of any authority of the
Government having custody of the data
files and systems referred to in section 3(c)
shall make available to the Director or
other authority to which the Director has
delegated the responsibility to carry out
such section, such information, administra-
tive services, equipment, personnel, and
facilities as the Director or such authority .
requires to carry out such section.
SEC. 8. (a) The Director shall operate and
maintain, and update on a quarterly basis,
the Federal Assistance Awards Data System
established as a result of the study conduct-
ed by the Director under section 9 of the
Federal Program Information Act (31 U.S.C.
1701 note).
(b) In order to carry out subsection (a),
the Director-
(1) May delegate to any authority,of the
executive branch of the Federal Govern-
ment the responsibility for carrying out sub-
section (a), and
(2) shall review any reports submitted to
him by Federal agencies in the process of
carrying out subsection (a) and may vali-
date, by appropriate means, the processes
by which Federal agencies prepared such re-
ports. .
SEC. 9. The Director shall designate a
single organizational unit to provide for
data consistency and uniform reporting of
data elements.
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S13020 CONGRESSIONAL RECORD - SENATE October 1, 1982
SEC. 10. The Comptroller General shall
conduct a review of the data systems and re-
ports required by this Act. This review shall
include a determination of the accuracy of
the data contained within the report re-
quired by section 3 and the costs of data col-
lection, report preparation, and dissemina-
tion of such data and report. The review
shall also include an analysis of the use and
primary users of the data. In making this
reviews, the Comptroller General shall con-
sult with Members of Congress, the Con-
gressional Budget Office, the Office of Man-
agement and Budget, the Committee on
Rules and Administration of the Senate, the
Committee on House Administration of the
-House of Representatives, the Census
.Bureau, representatives of State and local
governments, and any other persons he
deems appropriate. This review shall be sub-
mitted to the Committee on Governmental
Affairs of the Senate and the Committee on
Operations of the House of Representatives
no later than October 1, 1984.
SEC. 11. (a) Each head of any executive de-
partment or establishment that. has com-
piled or can readily compile data that would
have been included in the reports entitled
"the Geographic Distribution of Federal
Funds" for fiscal year 1981 or fiscal year
1982, or both, shall forward a copy of such
to the Committee on Rules and Administra-
tion of the Senate and to the Committee on -
House Administration of the House of Rep-
resentatives. Delivery of such shall be made
within 60 days after enactment of this bill
for fiscal year 1981 and within 120 days of
the close of the fiscal year for fiscal year
1982.
(b) Each head of any executive depart-
ment or establishment who does not for-
ward a copy of data as required by'subsec-
tion (a) for fiscal year 1981 or fiscal year
1982 shall submit a statement to that effect,
along with a statement of the reasons for
the failure, to the Committee on.Rules and
Administration of the Senate ? and to the
Committee on House Administration of the
House of Representatives.
i Mr. SASSER. Mr. President, the bill
before (is, S. 2386, represents the coop-
erative effort of both Houses of Con-
gress, and both sides of the aisle, to
produce a bill that makes certain that
comprehensive, high quality informa-
tion on the geographic distribution of
Federal funds remains available.
When I introduced S. 2386 on April
15, 1982, I did so to fill an information
gap that yawned before the Congress
at the worst possible time. Just when
we were preparing to consider the New
Federalism that President Reagan
made the centerpiece of his state of
the Union message, the Office of Man-
agement and Budget abruptly can-
celled the compilation and publication
of the geographic distribution of Fed-
gress and the public about the geo-
graphic distribution of Federal funds
for 1981 and 1982.
I was pleased that Senator RIEGLE
then cosponsored my bill, S. 2386,
which set forth procedures to make
these valuable data available through
1985.
Senator DAVID DURENBERGER made a
great. contribution to this legislation
as he helped shape it during.commit-
tee consideration. I was pleased that;
with Senator DURENGERGER's able lead-
ership, this bill moved quickly in the
Senate.
My Tennessee colleague, Congress-
man BILL BONER of Nashville, intro-
duced similar legislation in the House.
With the able support of Congressmen
BROOKS and HORTON, S. 2386, as
amended, passed the House.
The version of that legislation that
is acceptable both to the House and
the Senate is now before us for a vote.
I refer my colleagues to the colloquy
between Senator DURENBERGER and
myself printed in the CONGRESSIONAL
RECORD of July 29, 1982, on page S
9413 concerning our expectation that
the Office-of Management and Budget
would make information on the distri-
bution of Federal funds to all levels of
Government available to Congress
along with any New Federalism pro-
posal: I ask unanimous consent that
this colloquy appear in the RECORD: -
I wish to confirm my understanding that
the . Office of. Management and Budget
agrees to supply the Congress with ade-
quate data on the distribution of Federal
outlays for those programs affected by the
President's New Federalism. proposal when
it is finally presented. It is my understand-
ing that OMB agrees to provide information
on the distribution of Federal funds by
State, and by county and city levels where
necessary, to determine the amount of
money to be passed through to these-levels
of government. We need to have this infor-
mation for 1981 and 1982 if we are to assess
the geographic impact of the New Federal-
ism for the rest of the decade. We must
have this historical yardstick at this crucial
time in congressional decisionmaking.
The interm report covering 1981 and 1982
required- by S. 2386 which OMB is to issue.
will account only for the distribution of
funds to the States. While this may be
useful for other purposes, its utility to the
Congress in assessing the New Federalism
proposals is limited. _
The interim report will not provide com-
plete information on salaries, and it will not
provide data on Federal spending in local-
ities.
So, there is a real information gap for
Without the information contained
in the report, State-by-State and re-
gional impacts of the New Federalism
initiative could not be assessed by
elected officials or others interested in
the effects of changes in domestic pro-
grams.
The introduction of my bill was pre-
ceded by a resolution introduced on
February 11, 1982 by Senatbr DON
RIEGLE with my cosponsorship. Sena-
tor RIEGLE'S resolution was intended
-to provide a short-term remedy by re-
quiring that OMB inform the Con-
unless the Office of Management and
Budget agrees to supply the factual infor-
mation to fill it. This, as I understand it, is
the agreement that the Senators supported
S. 2386 have with OMB.
Mr. DURENBERGER. The Senator's under-
standing is correct. The Office of Manage-
ment and Budget has agreed that adequate
data on the distribution of Federal funds
necessary to evaluate the President's New
Federalism proposal will be provided at the
State level and at the county and city levels
for 1981 and 1982 where local-level data will
be necessary to determine and evaluate any
passthrough provisions of the plan.'
Mr. SASSER. I -am pleased that OMB has
agreed to supply this information to the
Congress along with the New Federalism
proposal.
I- reiterate here that we expect this
information to be provided.
The consolidated Federal funds
report ordered by S. 2386 requires that
the Office of Management and Budget
compile information on the amounts
of Federal funds spent in each State,
each county, each congressional dis-
trict, and each municipality. Since
available information sources are to be
used, no new appropriation of funds is
needed.
The bill gives legislative authoriza-
tion to the Federal assistance awards
data system (FAADS) which is now at
the pilot stage at OMB. This statutory
underpinning gives the Congress- ah
opportunity to oversee the use of this
valuable information system.
The Office of Management and
-
Budget will, over the next 3 years,
combine information in this FAADS
system with information on procure-
ments reported by the Federal pro-
curement, data system, salaries and ex-
penses from the central personnel
data file of the Office of Personnel
managenment and defense manpower.
data from the center at the Depart-
ment of Defense. -
For the 1981-82 period, OMB will
provide information on State-level
funding only.
I mr~pve passage of S. 2386.9
MrAKER. Mr. President, I move
that the Senate concur-in the amend-
ment of the House. -
The motion was agreed to.
CONTRACT DISPUTES ACT
AMENDMENT
Mr. BAKER. ' Mr. President, we
passed over one item earlier in our
proceedings. It was Calendar No. 859,
H.R. 1371.
Is the minority leader prepared to
clear that?
Mr. ROBERT C. BYRD. Yes, this
side is ready to proceed.
Mr. BAKER. I thank -the minority
leader.
The Senate proceeded to consider
the bill (H.R. 1371) to amend section
12 of the Contract Disputes Act of
1978, which had been reported from
the Committee on Governmental Af-
fairs with amendments, as follows:
On page 1, line 8, after "contractor",
insert the following: ", without regard to
the date of certification of the contractors
claim pursuant to section 605(c)(1)";
On page 2, line 1, strike "1981", and insert
"1983"; and
On page 2, line 2. strike "1981", and insert
-`.`1983". -
The amendments were agreed to.
The amendments were ordered to be
engrossed and the bill to be read a
third time:
The bill read the third time, and
passed. -
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