[Congressional Record Volume 159, Number 123 (Wednesday, September 18, 2013)]
[House]
[Pages H5654-H5655]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

            By Mr. ROE of Tennessee:
        H.R. 3121.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 1, with respect to the power 
     to ``lay and collect Taxes, Duties, Imposts, and Excises,'' 
     and to provide for the ``general Welfare of the United 
     States.''
       Article 1, Section 8, Clause 3 of the U.S. Constitution 
     gives Congress the power to ``regulate Commerce with foreign 
     Nations, and among the several States, and with the Indian 
     Tribes.''
       Article 1, Section 8, Clause 18 of the U.S. Constitution, 
     which gives Congress the power 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.''
       This legislation puts forth measures relating to the 
     treatment of existing commerce

[[Page H5655]]

     and the exchange of health care products, services, and 
     transactions, while retaining the sovereignty and power of 
     respective states as outlined in Amendment X of the U.S. 
     Constitution. The legislation also makes amendments to the 
     manner in which the United States defines and enacts certain 
     taxes, as implemented through the power to collect taxes and 
     provide for the general Welfare.
       Article 1, Section 8, Clause 18 of the U.S. Constitution 
     provides for those provisions which serve as a means to 
     secure the ends of Clauses 1 and 3 of Article 1, Section 8, 
     as cited above. Such provisions, include, but are not limited 
     to eligibility standards, reporting measures relating to the 
     practical implementation of tax provisions, and instructions 
     specifying the relationship among existing Departments and 
     programs.
       Nothing in this legislation shall be construed to restrict 
     due process of the law as defined in Section 1, Amendment XIV 
     of the U.S. Constitution.
       This legislation includes a provision to repeal Public Law 
     111-148 and title I and subtitle B of title II of Public Law 
     111-152, which exceeds the scope of power vested in Congress 
     by the U.S. Constitution.