[Congressional Record (Bound Edition), Volume 158 (2012), Part 11]
[House]
[Page 15012]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   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. GRAVES of Missouri:
        H.R. 6575.
        Congress has the power to enact this legislation pursuant 
     to the following:
       Article 1, Section 8, Clause 1 (General Welfare) and Clause 
     3 (Commerce)
       `Congress shall have the power to . . . provide for the . . 
     . general welfare'
       `Congress shall have the power . . . to regulate Commerce'
       The Medicare Audit Improvement Act makes several changes to 
     the way hospital audits are conducted which involves at least 
     three parties: a hospital, a private Medicare contractor who 
     conducts audits and the Center for Medicare and Medicaid 
     Services. During the auditing process, transactions take 
     place between these parties which is what constitutes this 
     bill as regulating commerce. Further, Medicare is considered 
     to be constitutional as part of providing for the general 
     welfare and therefore any changes to Medicare would fall 
     under this provision as well.
            By Mr. BILIRAKIS:
        H.R. 6576.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, section 8 of the United States Constitution 
     (clauses 12, 13, 14, and 16), which grants Congress the power 
     to raise and support an Army; to provide and maintain a Navy; 
     to make rules for the government and regulation of the land 
     and naval forces; and to provide for organizing, arming, and 
     disciplining the militia.

                          ____________________