S5994 CONGRESSIONAL RECORD — SENATE August 2, 2012 

SENATE CONCURRENT RESOLUTION 56—PROVIDING FOR A CONDITIONAL ADJOURNMENT OR RECESS OF THE SENATE AND AN 

ADJOURNMENT OF THE HOUSE 

OF REPRESENTATIVES 

Mr. REID (for himself and Mr. 

MCCONNELL) submitted the following 

concurrent resolution; which was considered and agreed to: 

S. CON. RES. 56 

Resolved by the Senate (the House of Representatives concurring), That when the Senate recesses or adjourns on any day from 

Thursday, August 2, 2012, through Monday, 

August 6, 2012, on a motion offered pursuant 

to this concurrent resolution by its Majority 

Leader or his designee, it stand recessed or 

adjourned until 12:00 noon on Monday, September 10, 2012, or such other time on that 

day as may be specified by its Majority 

Leader or his designee in the motion to recess or adjourn, or until the time of any reassembly pursuant to section 2 of this concurrent resolution, whichever occurs first; 

and that when the House adjourns on any 

legislative day from Thursday, August 2, 

2012, through Monday, August 6, 2012, on a 

motion offered pursuant to this concurrent 

resolution by its Majority Leader or his designee, it stand adjourned until 2:00 p.m. on 

Monday, September 10, 2012, or until the 

time of any reassembly pursuant to section 2 

of this concurrent resolution, whichever occurs first. 

SEC. 2. The Majority Leader of the Senate 

and the Speaker of the House, or their respective designees, acting jointly after consultation with the Minority Leader of the 

Senate and the Minority Leader of the 

House, shall notify the Members of the Senate and House, respectively, to reassemble at 

such place and time as they may designate 

if, in their opinion, the public interest shall 

warrant it. 

f 

SENATE CONCURRENT RESOLUTION 57—EXPRESSING THE 

SENSE OF CONGRESS THAT THE 

CENSUS SURVEYS AND THE INFORMATION DERIVED FROM 

THOSE SURVEYS ARE CRUCIAL 

TO THE NATIONAL WELFARE 

Mr. ROCKEFELLER submitted the 

following concurrent resolution; which 

was referred to the Committee on 

Homeland Security and Governmental 

Affairs: 

S. CON. RES. 57 

Whereas the American Community Survey 

(referred to in this preamble as the ‘‘ACS’’) 

was launched in 2005 during the Administration of President George W. Bush and has 

since been funded by Congress as an innovation that the Bureau of the Census has been 

able to use in place of the decennial census 

long form; 

Whereas the ACS provides the United 

States, States, counties, cities, towns, neighborhoods, and other areas with annual data 

that was formerly available only once every 

10 years; 

Whereas the Federal Government relies on 

the ACS— 

(1) to produce annual population estimates 

for the United States, States, metropolitan 

areas, counties, cities, and other areas; 

(2) to produce annual measures of total 

personal income and per capita income for 

the United States, States, metropolitan 

areas, and counties; 

(3) to define metropolitan areas; 

(4) to determine compliance with the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.); 

and 

(5) to fairly distribute more than 

$450,000,000,000 in Federal domestic assistance to States and other areas, including 

through the setting of the formulas for Federal reimbursement to States for Medicaid 

expenditures; 

Whereas the ACS is the only source of 

rural and small-area economic and demographic data of sufficient reliability to allow 

entrepreneurs, business owners, and local 

government planners, among others, to 

make informed decisions on where to invest, 

build, create jobs, and maintain or improve 

infrastructure; 

Whereas Congress requires the information 

collected through the ACS in order to provide adequate oversight of a substantial 

number of executive departments, agencies, 

and programs; 

Whereas the citizens of the United States 

require the information collected through 

the ACS for each State and congressional 

district in order to hold their Members of 

Congress accountable; 

Whereas, since the founding of the United 

States, Congress has recognized the value 

and mandated the use of the decennial census as a means to gather information that 

informs public policy and measures the 

progress of the United States; 

Whereas the congressional tradition of the 

decennial census was initiated by the efforts 

of United States Representative James 

Madison, the ‘‘Father of the Constitution’’, 

who argued on the floor of the House of Representatives that Congress, in considering 

the Act entitled ‘‘An Act providing for the 

enumeration of the Inhabitants of the United 

States’’ (commonly known as the ‘‘Census 

Act of 1790’’; 1 Stat. 101, chapter 2), ‘‘had now 

an opportunity of obtaining the most useful 

information for those who should hereafter 

be called upon to legislate for their country 

if this bill was extended so as to embrace 

some other objects besides the bare enumeration of the inhabitants; it would enable 

them to adapt the public measures to the 

particular circumstances of the community. 

In order to know the various interests of the 

United States, it was necessary that the description of the several classes into which 

the community was divided, should be accurately known; on this knowledge the legislature might proceed to make a proper provision for the agricultural, commercial and 

manufacturing interests . . . in due proportion’’; 

Whereas Representative James Madison 

also said, ‘‘This kind of information all legislatures had wished for; but this kind of information had never been obtained in any country’’; that he wished, therefore, ‘‘to avail 

himself of the present opportunity of accomplishing so valuable a purpose’’; and ‘‘[i]f the 

plan was pursued in taking every future census, it would give [Congress] an opportunity 

of marking the progress of the society, and 

distinguishing the growth of every interest.’’; 

Whereas Vice President Thomas Jefferson, 

the ‘‘Father of the Declaration of Independence’’, wrote Congress as president of the 

American Philosophical Society that the 

consideration by Congress of the Act entitled 

‘‘An Act providing for the second Census or 

enumeration of the Inhabitants of the United 

States’’ (commonly known as the ‘‘Census 

Act of 1800’’; 2 Stat. 11, chapter 12) offered 

‘‘an occasion of great value, and not otherwise to be obtained, of ascertaining sundry 

facts highly important to society . . . [and] 

presenting a more detailed view of the inhabitants of the United States, under several 

different aspects,’’ including age (so as to be 

able to measure life expectancy), citizenship 

(so as to be able to determine the relative 

contributions of births and immigration to 

population growth), and the occupation of 

free males (so as to be able ‘‘to ascertain 

more completely the causes which influence 

life and health, and furnish a curious and 

useful document of the distribution of society in these States, and of the conditions 

and vocations of our fellow-citizens . . .’’); 

Whereas diverse presidents throughout the 

19th and 20th centuries, such as John Quincy 

Adams, Martin Van Buren, William McKinley, Herbert Hoover, and Franklin Roosevelt, 

asked for and received from Congress permission to expand the scope of census questions 

unrelated to enumeration; 

Whereas the Economic Census is required 

by law to be conducted every 5 years, provides the most authoritative and comprehensive data about United States businesses, 

and provides the foundation for key economic indicators, such as the gross domestic 

product; 

Whereas, in response to the recommendations of the Intensive Review Committee 

(also known as the ‘‘Watkins Commission’’), 

Congress enacted the recommendations into 

law in 1954, thereby providing for quinquennial censuses of manufacturing, mineral industries, and other businesses; 

Whereas the finding of the Watkins Commission that ‘‘[w]ithout these census 

records, it would not be possible to construct 

or interpret this system of economic indicators. Business executives, farmers, labor 

leaders, professional men, scholars, scientists, government officials, and administrators in all phases of our society are dependent on census records or on economic indicators based on census records.’’ is as true 

today as it was in 1954; 

Whereas the Economic Census— 

(1) provides the foundation for key annual, 

quarterly, and monthly Federal economic indicators, including the gross domestic product, industrial production, labor productivity, manufacturing and services industry 

activity, producer price indices, research and 

development expenditures, commodity flows, 

and employer-sponsored health insurance 

coverage; 

(2) provides the basis for Federal macroeconomic and budget projections; and 

(3) informs Federal trade, competitiveness, 

and entrepreneurship policies; 

Whereas single firms rely on the Economic 

Census to compare their operations to industry averages, identify markets, and inform 

decisions on business location, capital investment, product research and development, and marketing strategies; 

Whereas the information collected through 

the Economic Census affords the private and 

public sectors the ability to make good decisions and use resources in a way such that 

the entire country is more efficient and better able to compete in the world economy, 

thereby allowing the United States to maintain a high standard of living; 

Whereas what is today called the Economic 

Census began as the ‘‘census of manufactures’’ in 1810; 

Whereas the census of manufactures (as 

well as the census of agriculture) became a 

regular feature of census taking in 1840 and 

has remained such ever since; 

Whereas household and business responses 

to census surveys allow national, State, and 

local officials to make informed decisions, 

just as James Madison envisioned, providing 

timely and accurate statistics even for small 

localities; 

Whereas, historically, Congress has followed the precedent set by all previous Congresses in supporting and directing the collection of a range of information in the ACS 

and the Economic Census to guide its own 

deliberations and consideration of policies; 


bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE
August 2, 2012 CONGRESSIONAL RECORD — SENATE S5995 

Whereas Federal courts have consistently 

upheld the constitutionality of including 

questions unrelated to enumeration in the 

decennial census and requiring answers to 

such questions; and 

Whereas Congress has mandated and the 

Department of Commerce has successfully 

implemented strict protection of the confidentiality of responses: Now, therefore be it 

Resolved by the Senate (the House of Representatives concurring), That Congress— 

(1) encourages the people of the United 

States to fulfill their civic duty and follow 

the law by responding to all census surveys 

conducted by the Bureau of the Census; and 

(2) strongly encourages the Bureau of the 

Census— 

(A) to provide United States households 

and businesses with information regarding 

the community, economic, and fiscal benefits to be gained from participation in the 

American Community Survey and the Economic Census; 

(B) to use the most current methodologies 

and technologies to reduce any burden of responding to the American Community Survey and the Economic Census; and 

(C) to continue, as the Bureau of the Census has done throughout its history, to innovate its methods, processes, and products, 

and thus maintain the world-class standards 

that have made the Bureau of the Census an 

international leader among statistical agencies. 

f 

SENATE CONCURRENT RESOLUTION 58—DIRECTING THE CLERK 

OF THE HOUSE OF REPRESENTATIVES TO MAKE A CORRECTION 

IN THE ENROLLMENT OF H.R. 

4240 

Mr. KERRY submitted the following 

concurrent resolution; which was considered and agreed to: 

S. CON. RES. 58 

Resolved by the Senate (the House of Representatives concurring), That, in the enrollment of the bill (H.R. 4240) an Act to reauthorize the North Korean Human Rights Act 

of 2004, and for other purposes, the Clerk of 

the House of Representatives shall make the 

following correction: in section 7, insert ‘‘is 

amended’’ before ‘‘by striking’’. 

f 

SENATE CONCURRENT RESOLUTION 59—PROVIDING FOR A CONDITIONAL ADJOURNMENT OR RECESS OF THE SENATE AND AN 

ADJOURNMENT OF THE HOUSE 

OF REPRESENTATIVES 

Mr. REID (for himself and Mr. 

MCCONNELL) submitted the following 

concurrent resolution; which was considered and agreed to: 

S. CON. RES. 59 

Resolved by the Senate (the House of Representatives concurring), That when the Senate recesses or adjourns on any day from 

Thursday, August 2, 2012, through Tuesday, 

August 7, 2012, on a motion offered pursuant 

to this concurrent resolution by its Majority 

Leader or his designee motion to recess or 

adjourn, or until 2:00 noon on Monday, September 10, 2012, or such other time on that 

day as may be specified by its Majority 

Leader or his designee in the motion to recess or adjourn, or until the time of any reassembly pursuant to section 2 of this concurrent resolution, whichever occurs first; 

and that when the House adjourns on any 

legislative day from Thursday, August 2, 

2012, through Tuesday, August 7, 2012, on a 

motion offered pursuant to this concurrent 

resolution by its Majority Leader or his designee, it stand adjourned until 2:00 p.m. on 

Monday, September 10, 2012, or until the 

time of any reassembly pursuant to section 2 

of this concurrent resolution, whichever occurs first. 

SEC. 2. The Majority Leader of the Senate 

and the Speaker of the House, or their respective designees, acting jointly after consultation with the Minority Leader of the 

Senate and the Minority Leader of the 

House, shall notify the Members of the Senate and House, respectively, to reassemble at 

such place and time as they may designate 

if, in their opinion, the public interest shall 

warrant it. 

f 

AMENDMENTS SUBMITTED AND 

PROPOSED 

SA 2771. Mr. COBURN proposed an amendment to the bill S. 3326, to amend the African Growth and Opportunity Act to extend 

the third-country fabric program and to add 

South Sudan to the list of countries eligible 

for designation under that Act, to make 

technical corrections to the Harmonized Tariff Schedule of the United States relating to 

the textile and apparel rules of origin for the 

Dominican Republic-Central America-United 

States Free Trade Agreement, to approve the 

renewal of import restrictions contained in 

the Burmese Freedom and Democracy Act of 

2003, and for other purposes. 

SA 2772. Mrs. SHAHEEN (for herself and 

Mr. PORTMAN) submitted an amendment intended to be proposed by her to the bill S. 

3326, supra; which was ordered to lie on the 

table. 

SA 2773. Mr. REID (for Mr. LEAHY (for himself, Mr. GRASSLEY, Mr. PAUL, and Mr. 

HATCH)) proposed an amendment to the bill 

S. 3245, to extend by 3 years the authorization of the EB-5 Regional Center Program, 

the E-Verify Program, the Special Immigrant Nonminister Religious Worker Program, and the Conrad State 30 J-1 Visa Waiver Program. 

SA 2774. Mr. REID (for Mr. LEAHY (for himself and Mr. GRASSLEY)) proposed an amendment to the bill S. 3245, supra. 

SA 2775. Mr. REID (for Mr. COONS) proposed 

an amendment to the resolution S. Res. 402, 

condemning Joseph Kony and the Lord’s Resistance Army for committing crimes 

against humanity and mass atrocities, and 

supporting ongoing efforts by the United 

States Government and governments in central Africa to remove Joseph Kony and 

Lord’s Resistance Army commanders from 

the battlefield. 

SA 2776. Mr. REID (for Mr. BROWN of Ohio) 

proposed an amendment to the resolution S. 

Res. 418, amend the title so as to read: ‘‘Commemorating the 70th anniversary and commending the brave men of the 17th Bombardment Group (Medium) who became known as 

the ‘‘Doolittle Tokyo Raiders’’ for outstanding heroism, valor, skill, and service to 

the United States in conducting the bombing 

of Tokyo on April 18, 1942 .’’. 

SA 2777. Mr. REID (for Mr. BROWN of Ohio) 

proposed an amendment to the resolution S. 

Res. 418, supra. 

SA 2778. Mr. REID (for Mr. BROWN of Ohio) 

proposed an amendment to the resolution S. 

Res. 418, supra. 

SA 2779. Mr. REID (for Mr. WEBB (for himself, Mr. KERRY, Mr. LUGAR, Mr. INHOFE, Mr. 

LIEBERMAN, Mr. MCCAIN, and Mr. LEVIN)) 

proposed an amendment to the resolution S. 

Res. 524, reaffirming the strong support of 

the United States for the 2002 declaration of 

conduct of parties in the South China Sea 

among the member states of ASEAN and the 

People’s Republic of China, and for other 

purposes. 

f 

TEXT OF AMENDMENTS 

SA 2771. Mr. COBURN proposed an 

amendment to the bill S. 3326, to 

amend the African Growth and Opportunity Act to extend the third-country 

fabric program and to add South Sudan 

to the list of countries eligible for designation under that Act, to make technical corrections to the Harmonized 

Tariff Schedule of the United States relating to the textile and apparel rules 

of origin for the Dominican RepublicCentral America-United States Free 

Trade Agreement, to approve the renewal of import restrictions contained 

in the Burmese Freedom and Democracy Act of 2003, and for other purposes; as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. AMENDMENTS TO AFRICAN GROWTH 

AND OPPORTUNITY ACT. 

(a) EXTENSION OF THIRD-COUNTRY FABRIC

PROGRAM.—Section 112(c)(1) of the African 

Growth and Opportunity Act (19 U.S.C. 

3721(c)(1)) is amended— 

(1) in the paragraph heading, by striking 

‘‘2012’’ and inserting ‘‘2015’’; 

(2) in subparagraph (A), by striking ‘‘2012’’ 

and inserting ‘‘2015’’; and 

(3) in subparagraph (B)(ii), by striking 

‘‘2012’’ and inserting ‘‘2015’’. 

(b) ADDITION OF SOUTH SUDAN.—Section 107 

of that Act (19 U.S.C. 3706) is amended by inserting after ‘‘Republic of South Africa 

(South Africa).’’ the following: 

‘‘Republic of South Sudan (South 

Sudan).’’. 

(c) CONFORMING AMENDMENT.—Section 

102(2) of that Act (19 U.S.C. 3701(2)) is amended by striking ‘‘48’’. 

(d) EFFECTIVE DATE.—The amendments 

made by this section shall take effect on the 

date of the enactment of this Act. 

SEC. 2. ELIMINATION OF UNNECESSARY DUPLICATION, REDUNDANCY, AND OVERLAP OF FEDERAL TRADE PROGRAMS. 

Notwithstanding any other provision of 

law, the Director of the Office of Management and Budget shall coordinate with the 

heads of the relevant Federal agencies— 

(1) to, not later than 60 days after the date 

of the enactment of this Act, eliminate, consolidate, or streamline Federal programs and 

Federal agencies with duplicative or overlapping missions relating to trade; 

(2) to, not later than September 30, 2012, rescind the unobligated balances of all 

amounts made available for fiscal year 2012 

for programs relating to trade for the Department of Commerce, the Small Business 

Administration, the Export-Import Bank of 

the United States, the Overseas Private Investment Corporation, and the Trade and Development Agency, with the amounts rescinded to be deposited in the general fund of 

the Treasury for purposes of deficit reduction; 

(3) to reduce spending on programs described in paragraph (2) by not less than 

$192,000,000 in fiscal years 2012 and 2013 (including the amounts rescinded pursuant to 

paragraph (2)); and 

(4) to report to Congress not later than 180 

days after the date of the enactment of this 

Act with recommendations for any legislative changes required to further eliminate, 

consolidate, or streamline Federal programs 

and Federal agencies with duplicative or 

overlapping trade missions. 


bjneal on DSK4SPTVN1PROD with CONG-REC-ONLINE