August 7, 2012 CONGRESSIONAL RECORD — HOUSE H5727 

7411. A letter from the Deputy General 

Counsel, Small Business Administration, 

transmitting the Administration’s final rule 

— Small Business Investment Companies — 

Early Stage SBICs (RIN: 3245-AG32) received 

July 23, 2012, pursuant to 5 U.S.C. 

801(a)(1)(A); to the Committee on Small 

Business. 

7412. A letter from the Deputy General 

Counsel, Small Business Administration, 

transmitting the Administration’s final rule 

— 7(a) Loan Program; Eligible Passive Companies (RIN: 3245-AG48) received July 23, 

2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the 

Committee on Small Business. 

7413. A letter from the Deputy General 

Counsel, Small Business Administration, 

transmitting the Administration’s final rule 

— Small Business Investment Companies — 

Conflicts of Interest and Investment of Idle 

Funds (RIN: 3245-AF56) received July 23, 2012, 

pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Small Business. 

7414. A letter from the Secretary, Department of Veterans Affairs, transmitting a letter notifying that the Department intends to 

take in Cardona v. Shinseki, Vet. App. No. 

11-3083; to the Committee on Veterans’ Affairs. 

7415. A letter from the Assistant Secretary, 

Department of State, transmitting notification of a continuation of a waiver authority; 

to the Committee on Ways and Means. 

7416. A letter from the Chief, Publications 

and Regulations, Internal Revenue Service, 

transmitting the Service’s final rule — Third 

Party Payer Issues & Reporting Agent, Revisions (Rev. Proc. 2010-32) received July 31, 

2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the 

Committee on Ways and Means. 

7417. A letter from the Chief, Publications 

and Regulations, Internal Revenue Service, 

transmitting the Service’s final rule — 2012 

Section 43 Inflation Adjustment [Notice 2012- 

49] received July 31, 2012, pursuant to 5 

U.S.C. 801(a)(1)(A); to the Committee on 

Ways and Means. 

7418. A letter from the Chief, Publications 

and Regulations, Internal Revenue Service, 

transmitting the Service’s final rule — Applicable Federal Rates — August 2012 (Rev. 

Rul. 2012-21) received July 24, 2012, pursuant 

to 5 U.S.C. 801(a)(1)(A); to the Committee on 

Ways and Means. 

7419. A letter from the Branch Chief, Publications and Regulations, Internal Revenue 

Service, transmitting the Service’s final rule 

— Reallocation of Section 48A Credits under 

the Qualifying Advanced Coal Project Program [Notice 2012-51] received July 24, 2012, 

pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means. 

7420. A letter from the Chief, Publications 

and Regulations Branch, Internal Revenue 

Service, transmitting the Service’s final rule 

— Charitable Contributions to Domestic Disregarded Entities [Notice 2012-52] received 

August 6, 2012, pursuant to 5 U.S.C. 

801(a)(1)(A); to the Committee on Ways and 

Means. 

7421. A letter from the Chief, Publications 

and Regulations Branch, Internal Revenue 

Service, transmitting the Service’s final rule 

— Deductions for Entertainment Use of Business Aircraft [TD 9597] (RIN: 1545-BF34) received August 6, 2012, pursuant to 5 U.S.C. 

801(a)(1)(A); to the Committee on Ways and 

Means. 

7422. A letter from the Chief, Publications 

and Regulations, Internal Revenue Service, 

transmitting the Service’s final rule — Revisions to Rev. Proc. 98-32 (Rev. Proc. 2012-33) 

received August 1, 2012, pursuant to 5 U.S.C. 

801(a)(1)(A); to the Committee on Ways and 

Means. 

7423. A letter from the Director, Office of 

Regulations, Social Security Administration, transmitting the Administration’s final 

rule — Expedited Vocational Assessment 

Under the Sequential Evaluation Process 

[Docket No.: SSA-2010-0060] (RIN: 0960-AH26) 

received July 24, 2012, pursuant to 5 U.S.C. 

801(a)(1)(A); to the Committee on Ways and 

Means. 

7424. A letter from the Congressional Affairs Division, Office of External Affairs, 

FEMA, Department of Homeland Security, 

transmitting the Report on the Grants Program Measurement Study; to the Committee 

on Homeland Security. 

7425. A letter from the Administrator, 

TSA, Department of Homeland Security, 

transmitting a piece of draft legislation; to 

the Committee on Homeland Security. 

7426. A letter from the Director, Regulatory Management Division, Environmental 

Protection Agency, transmitting the Agency’s final rule — Technical Correction to Organizational Names, Addresses, and OMB 

Control Numbers [EPA-HQ-OPPT-2010-0629; 

FRL-8846-7] received August 2, 2012, pursuant 

to 5 U.S.C. 801(a)(1)(A); jointly to the Committees on Agriculture and Energy and Commerce. 

7427. A letter from the Chairman, Defense 

Nuclear Facilities Safety Board, transmitting the Board’s quarterly report to Congress 

on the Status of Significant Unresolved 

Issues with the Department of Energy’s Design and Construction Projects (dated June 

25, 2012); jointly to the Committees on 

Armed Services and Appropriations. 

7428. A letter from the Secretary, Department of Energy, transmitting the Office of 

Energy Efficiency and Renewable Energy Activity Funding Level Report; jointly to the 

Committees on Energy and Commerce and 

Science, Space, and Technology. 

7429. A letter from the Regulations Coordinator, Department of Health and Human 

Services, transmitting the Department’s 

‘‘Major’’ final rule — Medicare Program: 

Hospital Inpatient Prospective Payment 

Systems for Acute Care Hospitals and the 

Long-Term Care Hospital Prospective Payment System and Fiscal Year 2013 Rates; 

Hospitals’ Resident Caps for Graduate Medical Education Payment Purposes; Quality 

Reporting Requirements for Specific Providers and for Ambulatory Surgical Centers 

[CMS-1588-F] (RIN: 0938-AR12) received August 1, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); 

jointly to the Committees on Energy and 

Commerce and Ways and Means. 

7430. A letter from the Program Manager, 

Department of Health and Human Services, 

transmitting the Department’s ‘‘Major’’ 

final rule — Medicare Program; Inpatient 

Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2013 

[CMS-1433-N] (RIN: 0938-AR21) received August 6, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); 

jointly to the Committees on Energy and 

Commerce and Ways and Means. 

7431. A letter from the Program Manager, 

Department of Health and Human Services, 

transmitting the Department’s ‘‘Major’’ 

final rule — Medicare Program; Prospective 

Payment System and Consolidated Billing 

for Skilled Nursing Facilities for FY 2013 

[CMS-1432-N] (RIN: 0938-AR20) received August 6, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); 

jointly to the Committees on Energy and 

Commerce and Ways and Means. 

7432. A letter from the Program Manager, 

Department of Health and Human Services, 

transmitting the Department’s final rule — 

Medicare Program; Inpatient Psychiatric 

Facilities Prospective Payment System — 

Update for Fiscal Year Beginning October 1, 

2012 (FY 2013) [CMS-1440-N] (RIN: 0938-AR22) 

received August 2, 2012, pursuant to 5 U.S.C. 

801(a)(1)(A); jointly to the Committees on 

Energy and Commerce and Ways and Means. 

7433. A letter from the Special Inspector 

General for Iraq Reconstruction, transmitting the Special Inspector General for Iraq 

Reconstruction (SIGIR) July 2012 Quarterly 

Report and Semiannual Report; jointly to 

the Committees on Foreign Affairs and Appropriations. 

7434. A letter from the Program Manager, 

Department of Health and Human Services, 

transmitting the Department’s final rule — 

Medicare Program; Hospice Wage Index for 

Fiscal Year 2013 [CMS-1434-N] (RIN: 0938- 

AR17) received July 25, 2012, pursuant to 5 

U.S.C. 801(a)(1)(A); jointly to the Committees 

on Ways and Means and Energy and Commerce. 

7435. A letter from the Director, Office of 

Regulations, Social Security Administration, transmitting the Administration’s final 

rule — Regulations Regarding Income-Related Monthly Adjustment Amounts to Medicare Beneficiaries’ Prescription Drug Coverage Premiums [Docket No.: SSA-2010-0029] 

(RIN: 0960-AH22) received July 24, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); jointly to the 

Committees on Ways and Means and Energy 

and Commerce. 

7436. A letter from the Assistant Secretary, 

Legislative Affairs, Department of State, 

transmitting Implementation of Agreement 

between the United States and China on 

Science and Technology; jointly to the Committees on Foreign Affairs, Armed Services, 

and Science, Space, and Technology. 

7437. A letter from the Administrator, 

TSA, Department of Homeland Security, 

transmitting a piece of draft legislation; 

jointly to the Committees on the Judiciary, 

Oversight and Government Reform, and 

Homeland Security. 

7438. A letter from the Secretary, Department of the Interior, transmitting a piece of 

draft legislation entitled, ‘‘National Park 

System Critical Authorities Act of 2012’’; 

jointly to the Committees on the Judiciary, 

Natural Resources, Transportation and Infrastructure, and Oversight and Government 

Reform. 

f 

PUBLIC BILLS AND RESOLUTIONS 

Under clause 2 of rule XII, public 

bills and resolutions of the following 

titles were introduced and severally referred, as follows: 

By Mr. REYES: 

H.R. 6359. A bill to amend the Internal Revenue Code of 1986 to exclude from gross income any prizes or awards won in competition in the Olympic Games and Paralympic 

Games; to the Committee on Ways and 

Means. 

By Mr. TIERNEY: 

H.R. 6360. A bill to increase accountability 

in contracts for overseas contingency operations, and for other purposes; to the Committee on Foreign Affairs, and in addition to 

the Committees on Armed Services, Oversight and Government Reform, and Ways and 

Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned. 

f 

MEMORIALS 

Under clause 3 of rule XII, memorials 

were presented and referred as follows: 

266. The SPEAKER presented a memorial 

of the House of Representatives of the State 

of Michigan, relative to House Resolution 

No. 265 memorializing the Congress and the 

President to continue funding for the Microbiological Data Program; to the Committee 

on Agriculture. 

267. Also, a memorial of the Senate of the 

State of Hawaii, relative to Senate Resolution No. 10 requesting immediate repeal of 


jbell on DSK7SPTVN1PROD with HOUSE
H5728 CONGRESSIONAL RECORD — HOUSE August 7, 2012 

the combat exclusionary rules; to the Committee on Armed Services. 

268. Also, a memorial of the House of Representatives of the State of Louisiana, relative to House Concurrent Resolution No. 115 

memorializing the Congress to take such actions as are necessary to oppose the elimination of A-10 aircraft assigned to the 917th 

Fighter Group; to the Committee on Armed 

Services. 

269. Also, a memorial of the House of Representatives of the State of Colorado, relative to House Joint Resolution 12-1009 recognizing the immense social and economic 

benefit of homeownership; to the Committee 

on Financial Services. 

270. Also, a memorial of the House of Representatives of the State of Michigan, relative to House Resolution No. 111 memorializing the Congress and the President to 

enact legislation protecting the rights of 

conscience of students seeking counseling 

degrees and licensed professional counselors; 

to the Committee on Education and the 

Workforce. 

271. Also, a memorial of the Senate of the 

State of Hawaii, relative to Senate Resolution No. 99 requesting that advisory forces 

remain in Uganda until Joseph Kony is removed and stability is brought to the country; to the Committee on Foreign Affairs. 

272. Also, a memorial of the House of Representatives of the State of Michigan, relative to House Resolution No. 227 memorializing the Congress to reject the President’s 

budget proposal to eliminate the search-andrescue U.S. Coast Guard helicopter unit in 

Muskegon County; to the Committee on 

Transportation and Infrastructure. 

273. Also, a memorial of the House of Representatives of the State of Michigan, relative to House Resolution No. 195 memorializing the Congress to enact legislation to 

ensure that the amount credited to the Harbor Maintenance Trust Fund areused solely 

for the dredging, infrastructure, operation, 

and maintenance of federally authorized 

ports; to the Committee on Transportation 

and Infrastructure. 

274. Also, a memorial of the House of Representatives of the State of Michigan, relative to House Resolution No. 218 memorializing the Congress to fund the Facility of 

Rare Isotope Beams (FRIB) at Michigan 

State University; to the Committee on 

Science, Space, and Technology. 

275. Also, a memorial of the House of Representatives of the State of Hawaii, relative 

to House Resolution No. 64 urging the Congress to adopt the Veterans Remembered 

Flag; to the Committee on Veterans’ Affairs. 

276. Also, a memorial of the House of Representatives of the State of Hawaii, relative 

to House Concurrent Resolution No. 115 urging the Congress to amend the Authorization 

for Use of Military Force and the National 

Defense Authorization Act for Fiscal Year 

2012; jointly to the Committees on Armed 

Services and Foreign Affairs. 

277. Also, a memorial of the House of Representatives of the State of Illinois, relative 

to House Resolution No. 824 urging the Congress and the President to begin expedited 

withdrawal of forces from Afghanistan; 

jointly to the Committees on Foreign Affairs 

and Armed Services. 

278. Also, a memorial of the House of Representatives of the State of Hawaii, relative 

to House Resolution No. 98 urging the Congress to propose and support the inclusion of 

the Philippines in the VISIT USA Act; jointly to the Committees on the Judiciary and 

Homeland Security. 

f 

CONSTITUTIONAL AUTHORITY 

STATEMENT 

Pursuant to clause 7 of rule XII of 

the Rules of the House of Representatives, the following statements are submitted regarding the specific powers 

granted to Congress in the Constitution to enact the accompanying bill or 

joint resolution. 

By Mr. REYES: 

H.R. 6359. 

Congress has the power to enact this legislation pursuant to the following: 

The Congress enacts this bill pursuant to 

Article I, Section 8 of the United States Constitution. 

Text: 

Article I, Section. 8. 

Clause 1: The Congress shall have Power 

To lay and collect Taxes, Duties, Imposts 

and Excises, to pay the Debts and provide for 

the common Defence and general Welfare of 

the United States; but all Duties, Imposts 

and Excises shall be uniform throughout the 

United States; 

Clause 2: To borrow Money on the credit of 

the United States; 

Clause 3: To regulate Commerce with foreign Nations, and among the several States, 

and with the Indian Tribes; 

Clause 4: To establish an uniform Rule of 

Naturalization, and uniform Laws on the 

subject of Bankruptcies throughout the 

United States; 

Clause 5: To coin Money, regulate the 

Value thereof, and of foreign Coin, and fix 

the Standard of Weights and Measures; 

Clause 6: To provide for the Punishment of 

counterfeiting the Securities and current 

Coin of the United States; 

Clause 7: To establish Post Offices and post 

Roads; 

Clause 8: To promote the Progress of 

Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings 

and Discoveries; 

Clause 9: To constitute Tribunals inferior 

to the supreme Court; 

Clause 10: To define and punish Piracies 

and Felonies committed on the high Seas, 

and Offences against the Law of Nations; 

Clause 11: To declare War, grant Letters of 

Marque and Reprisal, and make Rules concerning Captures on Land and Water; 

Clause 12: To raise and support Armies, but 

no Appropriation of Money to that Use shall 

be for a longer Term than two Years; 

Clause 13: To provide and maintain a Navy; 

Clause 14: To make Rules for the Government and Regulation of the land and naval 

Forces; 

Clause 15: To provide for calling forth the 

Militia to execute the Laws of the Union, 

suppress Insurrections and repel Invasions; 

Clause 16: To provide for organizing, arming, and disciplining, the Militia, and for 

governing such Part of them as may be employed in the Service of the United States, 

reserving to the States respectively, the Appointment of the Officers, and the Authority 

of training the Militia according to the discipline prescribed by Congress; 

Clause 17: To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as 

may, by Cession of particular States, and the 

Acceptance of Congress, become the Seat of 

the Government of the United States, and to 

exercise like Authority over all Places purchased by the Consent of the Legislature of 

the State in which the Same shall be, for the 

Erection of Forts, Magazines, Arsenals, 

dock-Yards, and other needful Buildings;— 

And 

Clause 18: To make all Laws which shall be 

necessary and proper for carrying into Execution the foregoing Powers, and all other 

Powers vested by this Constitution in the 

Government of the United States, or in any 

Department or Officer thereof. 

By Mr. TIERNEY: 

H.R. 6360: 

Congress has the power to enact this legislation pursuant to the following: 

Article I, Section 8, Clause 18 

The Congress shall have Power * * * To 

make all Laws which shall be necessary and 

proper for carrying into Execution the foregoing Powers, and all other Powers vested by 

the Constitution in the Government of the 

United States, or in any Department or Officer thereof. 

f 

ADDITIONAL SPONSORS 

Under clause 7 of rule XII, sponsors 

were added to public bills and resolutions as follows: 

H.R. 300: Ms. LEE of California. 

H.R. 733: Mr. MCCARTHY of California. 

H.R. 996: Mr. PRICE of North Carolina. 

H.R. 1054: Mr. MARKEY and Ms. CHU. 

H.R. 1897: Mr. CUMMINGS. 

H.R. 2168: Mr. CHABOT. 

H.R. 2541: Mr. BACHUS. 

H.R. 2600: Mr. DUNCAN of Tennessee, Mr. 

NUNNELEE, Mr. MEEKS, and Mr. SMITH of New 

Jersey. 

H.R. 2794: Mrs. CAPPS. 

H.R. 3264: Mr. MILLER of Florida. 

H.R. 3307: Ms. TSONGAS. 

H.R. 3423: Mr. BOSWELL and Mr. SCHIFF. 

H.R. 3594: Mr. GARY G. MILLER of California and Mr. OWENS. 

H.R. 3687: Mr. WALZ of Minnesota, Mr. 

LIPINSKI, Mr. AMODEI, Mr. MCDERMOTT, Ms. 

BROWN of Florida, and Mr. KUCINICH. 

H.R. 3798: Ms. DELAURO and Mr. DOLD. 

H.R. 4327: Mr. REYES. 

H.R. 4405: Mr. HIMES and Ms. WATERS. 

H.R. 5744: Mr. MCCLINTOCK. 

H.R. 5850: Mr. NADLER. 

H.R. 6028: Mr. MEEKS. 

H.R. 6289: Mr. SCHILLING. 

H. Res. 733: Mr. F

f 

RANK of Massachusetts. 

PETITIONS, ETC. 

Under clause 3 of rule XII, petitions 

and papers were laid on the clerk’s 

desk and referred as follows: 

52. The SPEAKER presented a petition of 

The Board of Chosen Freeholders, New Jersey, relative to urging the President to protect Americans’ religious liberty; to the 

Committee on Energy and Commerce. 

53. Also, a petition of the Town of Woodstock, New York, relative to Resolution No. 

220-2012 calling the Congress to honor its obligation to the Constitution by affirming the 

powers given it in Article 1, Section 8; to the 

Committee on Foreign Affairs. 

54. Also, a petition of Office of Management and Budget, Indiana, relative to the 

state’s request for reimbursement in the 

amount of $130,953,979; to the Committee on 

the Judiciary. 

55. Also, a petition of City of Miami, Florida, relative to Resolution No. R-12-0241 urging the President and the Congress to abolish Visa requirements for Brazilian tourists 

seeking to travel to the United States; to the 

Committee on the Judiciary. 

56. Also, a petition of the City of Lauderdale Lakes, Florida, relative to Resolution 

No. 2012-78 expressing support for President 

Barack Obama’s use of Executive Authority 

to implement the DREAM Act; to the Committee on the Judiciary. 

57. Also, a petition of the Philadelphia Bar 

Association, Pennsylvania, relative to supporting the Violance Against Women Act Reauthorization; jointly to the Committees on 

the Judiciary, Education and the Workforce, 

Energy and Commerce, Financial Services, 

Natural Resources, and the Budget. 


jbell on DSK7SPTVN1PROD with HOUSE