IA 

113TH CONGRESS 

2D SESSION H. J. RES. 110 

Granting the consent of Congress to the Health Care Compact. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2014 

Mr. LANKFORD introduced the following joint resolution; which was referred 

to the Committee on the Judiciary 

JOINT RESOLUTION 

Granting the consent of Congress to the Health Care 

Compact. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 CONGRESSIONAL CONSENT

4 SECTION 1. 

5 Except as provided in section 2, Congress hereby con6 sents to the Health Care Compact. The Compact reads 

7 as follows: 

8 ‘‘SECTION 1. DEFINITIONS. 

9 ‘‘As used in this Compact, unless the context clearly 

10 indicates otherwise: 


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1 ‘‘(1) ‘Commission’ means the Interstate Advi2 sory Health Care Commission. 

3 ‘‘(2) ‘Effective Date’ means the date upon 

4 which this Compact shall become effective for pur5 poses of the operation of State and Federal law in 

6 a Member State, which shall be the later of— 

7 ‘‘(A) the date upon which this Compact 

8 shall be adopted under the laws of the Member 

9 State; or 

10 ‘‘(B) the date upon which this Compact re11 ceives the consent of Congress pursuant to Arti12 cle I, Section 10, of the United States Constitu13 tion, after at least two Member States adopt 

14 this Compact. 

15 ‘‘(3) ‘Health Care’ means care, services, sup16 plies, or plans related to the health of an individual 

17 and includes but is not limited to— 

18 ‘‘(A) preventive, diagnostic, therapeutic, 

19 rehabilitative, maintenance, or palliative care 

20 and counseling, service, assessment, or proce21 dure with respect to the physical or mental con22 dition or functional status of an individual or 

23 that affects the structure or function of the 

24 body; 


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1 ‘‘(B) sale or dispensing of a drug, device, 

2 equipment, or other item in accordance with a 

3 prescription; and 

4 ‘‘(C) an individual or group plan that pro5 vides, or pays the cost of, care, services, or sup6 plies related to the health of an individual, 

7 except any care, services, supplies, or plans provided 

8 by the United States Department of Defense and 

9 United States Department of Veterans Affairs, or 

10 provided to Native Americans. 

11 ‘‘(4) ‘Member State’ means a State that is sig12 natory to this Compact and has adopted it under the 

13 laws of that State. 

14 ‘‘(5) ‘Member State Base Funding Level’ 

15 means a number equal to the total Federal spending 

16 on Health Care in the Member State during Federal 

17 fiscal year 2010. On or before the Effective Date, 

18 each Member State shall determine the Member 

19 State Base Funding Level for its State, and that 

20 number shall be binding upon that Member State. 

21 ‘‘(6) ‘Member State Current Year Funding 

22 Level’ means the Member State Base Funding Level 

23 multiplied by the Member State Current Year Popu24 lation Adjustment Factor multiplied by the Current 

25 Year Inflation Adjustment Factor. 


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1 ‘‘(7) ‘Member State Current Year Population 

2 Adjustment Factor’ means the average population of 

3 the Member State in the current year less the aver4 age population of the Member State in Federal fiscal 

5 year 2010, divided by the average population of the 

6 Member State in Federal fiscal year 2010, plus 1. 

7 Average population in a Member State shall be de8 termined by the United States Census Bureau. 

9 ‘‘(8) ‘Current Year Inflation Adjustment Fac10 tor’ means the Total Gross Domestic Product 

11 Deflator in the current year divided by the Total 

12 Gross Domestic Product Deflator in Federal fiscal 

13 year 2010. Total Gross Domestic Product Deflator 

14 shall be determined by the Bureau of Economic 

15 Analysis of the United States Department of Com16 merce. 

17 ‘‘SEC. 2. PLEDGE. 

18 ‘‘The Member States shall take joint and separate ac19 tion to secure the consent of the United States Congress 

20 to this Compact in order to return the authority to regu21 late Health Care to the Member States consistent with 

22 the goals and principles articulated in this Compact, the 

23 Member States shall improve Health Care policy within 

24 their respective jurisdictions and according to the judg25 ment and discretion of each Member State. 


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1 ‘‘SEC. 3. LEGISLATIVE POWER. 

2 ‘‘The legislatures of the Member States have the pri3 mary responsibility to regulate Health Care in their re4 spective States. 

5 ‘‘SEC. 4. STATE CONTROL. 

6 ‘‘Each Member State, within its State, may suspend 

7 by legislation the operation of all Federal laws, rules, regu8 lations, and orders regarding Health Care that are incon9 sistent with the laws and regulations adopted by the Mem10 ber State pursuant to this Compact. Federal and State 

11 laws, rules, regulations, and orders regarding Health Care 

12 will remain in effect unless a Member State expressly sus13 pends them pursuant to its authority under this Compact. 

14 For any Federal law, rule, regulation, or order that re15 mains in effect in a Member State after the Effective 

16 Date, that Member State shall be responsible for the asso17 ciated funding obligations in its State. 

18 ‘‘SEC. 5. FUNDING. 

19 ‘‘(a) Each Federal fiscal year, each Member State 

20 shall have the right to Federal monies up to an amount 

21 equal to its Member State Current Year Funding Level 

22 for that Federal fiscal year, funded by Congress as man23 datory spending and not subject to annual appropriation, 

24 to support the exercise of Member State authority under 

25 this Compact. This funding shall not be conditional on any 


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1 action of or regulation, policy, law, or rule being adopted 

2 by the Member State. 

3 ‘‘(b) By the start of each Federal fiscal year, Con4 gress shall establish an initial Member State Current Year 

5 Funding Level for each Member State, based upon reason6 able estimates. The final Member State Current Year 

7 Funding Level shall be calculated, and funding shall be 

8 reconciled by the United States Congress based upon in9 formation provided by each Member State and audited by 

10 the United States Government Accountability Office. 

11 ‘‘SEC. 6. INTERSTATE ADVISORY HEALTH CARE COMMIS12 SION. 

13 ‘‘(a) The Interstate Advisory Health Care Commis14 sion is established. The Commission consists of members 

15 appointed by each Member State through a process to be 

16 determined by each Member State. A Member State may 

17 not appoint more than two members to the Commission 

18 and may withdraw membership from the Commission at 

19 any time. Each Commission member is entitled to one 

20 vote. The Commission shall not act unless a majority of 

21 the members are present, and no action shall be binding 

22 unless approved by a majority of the Commission’s total 

23 membership. 

24 ‘‘(b) The Commission may elect from among its mem25 bership a Chairperson. The Commission may adopt and 


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1 publish bylaws and policies that are not inconsistent with 

2 this Compact. The Commission shall meet at least once 

3 a year, and may meet more frequently. 

4 ‘‘(c) The Commission may study issues of Health 

5 Care regulation that are of particular concern to the Mem6 ber States. The Commission may make non-binding rec7 ommendations to the Member States. The legislatures of 

8 the Member States may consider these recommendations 

9 in determining the appropriate Health Care policies in 

10 their respective States. 

11 ‘‘(d) The Commission shall collect information and 

12 data to assist the Member States in their regulation of 

13 Health Care, including assessing the performance of var14 ious State Health Care programs and compiling informa15 tion on the prices of Health Care. The Commission shall 

16 make this information and data available to the legisla17 tures of the Member States. Notwithstanding any other 

18 provision in this Compact, no Member State shall disclose 

19 to the Commission the health information of any indi20 vidual, nor shall the Commission disclose the health infor21 mation of any individual. 

22 ‘‘(e) The Commission shall be funded by the Member 

23 States as agreed to by the Member States. The Commis24 sion shall have the responsibilities and duties as may be 

25 conferred upon it by subsequent action of the respective 


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1 legislatures of the Member States in accordance with the 

2 terms of this Compact. 

3 ‘‘(f) The Commission shall not take any action within 

4 a Member State that contravenes any State law of that 

5 Member State. 

6 ‘‘SEC. 7. CONGRESSIONAL CONSENT. 

7 ‘‘This Compact shall be effective on its adoption by 

8 at least two Member States and consent of the United 

9 States Congress. This Compact shall be effective unless 

10 the United States Congress, in consenting to this Com11 pact, alters the fundamental purposes of this Compact, 

12 which are— 

13 ‘‘(1) to secure the right of the Member States 

14 to regulate Health Care in their respective States 

15 pursuant to this Compact and to suspend the oper16 ation of any conflicting Federal laws, rules, regula17 tions, and orders within their States; and 

18 ‘‘(2) to secure Federal funding for Member 

19 States that choose to invoke their authority under 

20 this Compact, as prescribed by Section 5 above. 

21 ‘‘SEC. 8. AMENDMENTS. 

22 ‘‘The Member States, by unanimous agreement, may 

23 amend this Compact from time to time without the prior 

24 consent or approval of Congress and any amendment shall 

25 be effective unless, within one year, the Congress disVerDate Mar 15 2010 01:08 Feb 12, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\HJ110.IH HJ110

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1 approves that amendment. Any State may join this Com2 pact after the date on which Congress consents to the 

3 Compact by adoption into law under its State Constitu4 tion. 

5 ‘‘SEC. 9. WITHDRAWAL; DISSOLUTION. 

6 ‘‘Any Member State may withdraw from this Com7 pact by adopting a law to that effect, but no such with8 drawal shall take effect until six months after the Gov9 ernor of the withdrawing Member State has given notice 

10 of the withdrawal to the other Member States. A with11 drawing State shall be liable for any obligations that it 

12 may have incurred prior to the date on which its with13 drawal becomes effective. This Compact shall be dissolved 

14 upon the withdrawal of all but one of the Member 

15 States.’’. 

16 AGENCIES FOR WHICH CONSENT IS NOT GRANTED

17 SEC. 2. 

18 (a) IN GENERAL.—Notwithstanding the consent to 

19 the Health Care Compact granted under section 1, the 

20 powers granted to Member States under sections 3, 4, and 

21 5 of the Health Care Compact shall not apply with regard 

22 to the agencies listed under subsection (b), and the Mem23 ber State Base Funding Level and Member State Current 

24 Year Funding Level shall not include funds spent by such 

25 agencies. 


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1 (b) EXCLUDED AGENCIES.—The agencies to which 

2 subsection (a) applies are as follows: 

3 (1) The National Institutes for Health. 

4 (2) The Centers for Disease Control and Pre5 vention. 

6 (3) The Food and Drug Administration. 

Æ 


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