UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

ASSOCIATION OF AMERICAN ) PHYSICIANS AND SURGEONS, INC., ) an Indiana not-for-profit corporation, ) 1601 North Tucson Boulevard, Suite 9 ) Tucson, Arizona 85716; )

AMERICAN COUNCIL FOR HEALTH CARE ) REFORM, a Virginia not-for-profit corp. ) 5155 North 37th Street ) Arlington, Virginia 22207; ) and )

NATIONAL LEGAL & POLICY CENTER, a ) District of Columbia not-for-profit co ) 1156 15th Street, Suite 550 ) Washington, D.C. 20005, ) Plaintiffs ) vs. ) CIVIL ACTION NO. ______

HILLARY RODHAM CLINTON, wife of ) JUDGE______the President of the , ) 1600 Pennsylvania Avenue ) Washington, D.C. 20500; )

DONNA E. SHALALA, Secretary of the ) VERIFIED COMPLAINT FOR Department of Health & Human Services, ) DECLARATORY JUDGMENT. 61SF Hubert H. Humphrey Building ) RESTRAINING ORDER, AND 200 Independence Avenue, S.W. ) TEMPORARY AND PERMANENT Washington, D.C. 20410; INJUNCTIVE RELIEF

LLOYD E. BENTSEN, Secretary of the ) Treasury, ) 3330 Main Treasury Building ) 1500 Pennsylvania Avenue, N.W. ) Washington, D.C. 20220; ) LES ASPIN, Secretary of Defense, ) 3880 ) Washington, D.C. 20301; )

JESSE BROWN, Secretary of Veterans Affairs, ) 810 Vermont Avenue, N.W. ) FWashington, D.C. 20420; - )

RONALD H. BROWN, Secretary of Commerce, ) F5858 Herbert Clark Hoover Building )

F14th Street and Constitution Avenue, N.W. ) Washington, D.C. 20230; )

ROBERT B. REICH, Secretary of Labor, ) S2018 Frances Perkins Building ) 200 Constitution Avenue, N.W. ) Washington, D.C. 20210; )

LEON E. PANETTA, Director of the ) Office of Management and Budget, ) 17th Street and Pennsylvania Avenue, N.W. ) 252 Old Executive Office Building ) FWashington, D.C. 20503; ) FALICE RI~~IIN, Deputy Director of the )

Office of Management and Budget, ) Executive Office of the President ) Washington, D.C. 20503; )

CAROL RASCO, IRA MAGAZINER, and ) JUDITH FEDER, White House Advisors, ) Executive Office of the President ) Washington, D.C. 20500, ) individually, and in their official )

Fcapacities as members of the ) PRESIDENT'S TASK FORCE ON ) NATIONAL HEALTH CARE ) REFORM; ) and ) 2 The PRESIDENT'S TASK FORCE ON ) NATIONAL HEALTH CARE REFORM, ) Executive Office of the President ) Washington, D.C. 20500, ) Defendants )

VERIFIED COMPLAINT FOR DECLARATORY JUDGMENT, RESTRAINING ORDER. AND TEMPORARY AND PERMANENT INJUNCTIVE RELIEF

1. NOW COME the Plaintiffs, ASSOCIATION OF AMERICAN PHYSICIANS & SURGEONS, INC., an Indiana not-for-profit corporation, by and through its Executive Director, Jane M. Orient, M.D., the AMERICAN COUNCIL FOR HEALTh CARE REFORM, a Virginia corporation, by and through its Executive Director, William Shaker, and the NATIONAL LEGAL & POLICY CENTER, a District of Columbia not-for- profit corporation, by and through its President, Peter T. Flaherty, and for their Verified Complaint for Declaratory Judgment, Restraining Order, and Temporary and Permanent Injunctive Relief against the Defendants, HTLLARY RODHAM CLINTON, wife of the President of the United States; DONNA E. SHALALA, Secretary of Health & Human Services; LLOYD E. BENTSEN, Secretary of the Treasury; LES ASPIN, Secretary of Defense; JESSE BRO~VN, Secretary of Veterans Affairs; RONALD H. BROWN, Secretary of Commerce; ROBERT B. REICH, Secretary of Labor; LEON E. PANETTA, Director of the Office of Management and Budget; ALICE M~~IN, Deputy Director of the Office of Management and Budget; CAROL RASCO, IRA MAGAZINER, and JUDITH FEDER, White House advisors, individually, and in their official capacities as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, after being duly sworn, allege and state:

JURISDICTION

2. That this is a civil action arising under the laws of the United States, specifically the Federal Advisory Committee Act ("FACA"), Title S U.S.C. App., Sections 1 through 14, and the Government in the Sunshine Act, Title S U.S.C. Section 552b, and is brought pursuant to

3 Title 28 U.S.C. Sections 133 1, 1361, 1651 and Title 5 U.S.C. Sections 552b and 702. Plaintiffs seek a Declaratory Judgment that the individual Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, comply with the FACA, Title 5 U.S.C. App., Sections 1 through 14, and specifically Sections 9 and 10 of said Act, which require the filing of an advisory committee charter for all federal advisory committees and frirther requires that all the meetings of all advisory committees, not wholly composed of federal officials or employees, to be open to the public after advance notice of the date, time and location of the meetings are published in the Federal Register. Plaintiffs seek a Temporary Restraining Order and a Temporary and Permanent Injunction against the individual Defendants~ barring them from holding any meetings as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and barring any meetings of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, until an advisory committee charter is filed and said meetings are opened to public participation after advance notice thereof in the Federal Register, pursuant to FACA, Title 5 U.S.C. App., Sections 9 and 10, and the Defendants conform to the requirements of the FACA, 5 U.S.C. App., Sections 1 through 14, and Title S U.S.C. Section 552b, in the conduct of all ~ture meetings of the aforesaid task force. This Court may grant such relief in this action under authority of Title 28 U.S.C. Sections 1361 and 2201 and Rules 57 and 65 of the Federal Rules of Civil Procedure.

3. That this action involves the legality and course of conduct of a federal advisory committee and the interpretation and meaning of the Federal Advisory Committee Act (FACA), Title 5 U.S.C. App., Sections 1 thr6ugh 14, and the Government in the Sunshine Act, Title S U.S.C. Section 552b, enacted by the Congress of the United States of America, and, therefore, the Attorney General of the United States (or the interim Attorney General of the United States if no person has been confirmed for the position) shall be served with a copy of the Verified Complaint for Declaratory Judgment, Restraining Order, and Temporary and Permanent

4 Injunctive Relief, and shall be entitled to be heard as required by Rule 4 of the Federal Rules of Civil Procedure.

VENUE

4. That venue is laid in this judicial district pursuant to Title 28 U.S.C. Section 1391(e) in that the individual Defendant members of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTh CARE REFORM, with the exception of HILLARY RODHAM CLINTON, are officers and agents of, and employed by, the Government of the United States, and all of the individual Defendants are acting in an official capacity for the Government of the United States as members of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM; all the individual Defendants have their offices--in the case of the Defendant, HTLLARY RODHAM CLINTON, her residence--within this judicial district; the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, has its offices located within this judicial district; the cause of action arose within this judicial district; and, no real property is involved herein.

PLAINTIFFS

5. That the Plaintiff, ASSOCIATION OF AMERICAN PHYSICIANS & SURGEONS, INC. ("AAPS"), is a national physician and osteopath membership corporation, organized and existing under and by virtue of the not-for-profit corporation laws of the State of Indiana, with its principal offices located at 1601 North Tucson Boulevard, Suite 9, Tucson, Arizona 85716. AAPS consists of member physicians and osteopaths from every state and territory in the Union and the District of Columbia. The purpose of the association is to preserve and protect the practice of private medicine and osteopathy. The members of AAPS have a deep concern over the formation of national health care policy and any health care reform measures which may be devised, and, accordingly, desire to attend and participate in the meetings and deliberations of the individual Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTh CARE REFORM, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, in order to advance and protect the interests of

S physicians and osteopaths. The Plaintiff, AAPS, and its members are "interested persons" within the meaning of the FACA.

6. That the Plaintiff~ AMERICAN COUNCIL FOR HEALTH CARE REFORM, ("ACHCR") is a national public interest, membership corporation, organized and existing under and by virtue of the not-for-profit corporation laws of the Commonwealth of Virginia, with its offices located at 5155 North 37th Street, Arlington, Virginia 22207. The purpose of the ACHCR is to represent consumers of health care services in an effort ensure that the health care market remains free of unnecessary and costly government regulations and for the implementation of reforms within the insurance industry to protect the consumers of health care services. Like the members of AAPS, the members of ACHCR desire to attend and participate in the meetings of the individual Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, in order to advance and protect the interests of consumers of health care services. The Plaintiff, ACHCR, and its members are "interested persons" within the meaning of the FACA.

7. That the Plaintiff, NATIONAL LEGAL & POLICY CENTER ("NLPC") is a private foundation, organized and existing under and by virtue of the not-for-profit corporation laws of the District of Columbia, with its offices located at 1156 15th Street, Suite 500, Washington, D.C. 20005. The Plalntiff, NLPC, was established to promote ethics in government by publicizing and distributing a "Code of Ethics for Government" which it believes is essential to the health of the nation's democratic institutions. The NLPC has a deep concern over the fact that the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM is not operating under an advisory committee charter and is not conducting its meetings in public with advance notice thereof in the Federal Register, and it regards such conduct as violative of federal law. Like the members AAPS and ACHCR, the members of NLPC desire to attend and participate in the meetings of the individual Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the Defendant, PRESIDENT'S TASK FORCE

6 ON NATIONAL HEALTH CARE REFORM, not only due to Plaintiffs' and its officers' its interest in health care reform, but their interest in the proper operation of government and the task force itself The Plaintiff, NLPC, and its members are "interested persons" within the meaning of the FACA.

DEFENDANTS

8. That the Defendant, HILLARY RODHAM CLINTON, is the wife of the President of the United States, William Jefferson Clinton, and resides at 1600 Pennsylvania Avenue, Washington, D.C. 20500. The Defendant, HJLLARY RODHAM CLINTON, is not now an employee or official of the Government of the United States and receives no remuneration from the Government of the United States. The Defendant, HTLLARY RODHAM CLINTON, was named Chairperson of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, on January 25, 1993 by President Clinton.

9. That the Defendant, DONNA E. SHALALA, is now, and at all times mentioned herein has been, the Secretary of the United States Department of Health & Human Services, an official of the federal government, with her offices located at 615 F Hubert H. Humphrey Building, 200 Independence Avenue, S.W., Washington, D.C. 20410. On January 25, 1993 the Defendant, DONNA E. SHALALA, was named a member of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, by President Clinton.

10. That the Defendant, LLOYD E. BENTSEN, is now, and at all times mentioned herein has been, the Secretary of the United States Department of the Treasury, an official of the federal government, with his offices located at 3330 Main Treasury Building, 1500 Pennsylvania Avenue, N.W., Washington, D.C. 20220. On January 25, 1993 the Defendant, LLOYD E. BENT SEN, was named a member of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, by President Clinton.

11. That the Defendant, LES ASPIN, is now, and at all times mentioned herein has been, the Secretary of the United States Department of Defense, an official of the federal government, with his offices located at 3880 the Pentagon, Washington, D.C. 20301. On January

7 25, 1993 the Defendant, LES ASPIN, was named a member of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, by President Clinton.

12. That the Defendant, , is now, and at all times mentioned herein has been, the Secretary of the United States Department of Veterans Affairs, an official of the federal government, with his offices located at 114 Tech World Plaza, 801 Eye Street, N.W. (the mailing address is 810 Vermont Avenue, N.W., Washington, D.C. 20420) Washington, D.C. 20001. On January 25, 1993, the Defendant, JESSE BROWN, was named a member of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, by President Clinton.

13. That the Defendant, RONALD H. BROWN, is now, and at all times mentioned herein has been, the Secretary of the United States Department of Commerce, an official of the federal government, with his offices located at 5858 Herbert Clark Hoover Building, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230. On January 25, 1993, the Defendant, RONALD H. BROWN, was named a member of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, by President Clinton.

14. The Defendant, ROBERT B. REICH, is now, and at all times mentioned herein has been, the Secretary of the United States Department of Labor, an official of the federal government, with his offices located at 52018 Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. On January 25, 1993 the Defendant, ROBERT B. REICH, was named a member of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, by President Clinton.

15. The Defendant, LEON E. PANETTA, is now, and at all times mentioned herein has been, the Director of the Office of Management and Budget of the United States, an official of the federal government, with his offices located at 52018 Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C. 20210. On January 25, 1993 the Defendant, LEON E. PANETTA, was named a member of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, by President Clinton.

8 16. The Defendant, , is now, and at all times mentioned herein has been, the Deputy Director of the Office of Management and Budget of the United States, an official of the federal government, with her offices located at Executive Office of the President, Washington, D.C. 20503. On January 25, 1993 the Defendant, ALICE RIVLIN, was named a member of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, by President Clinton.

17. The Defendants, CAROL RASCO, IRA MAGAZINER, and JUDITH FEDER, are now and at all times mentioned herein have been, domestic advisors to President Clinton, and are officials of the federal government, with their offices located in the Executive Office of the President, Washington, D.C. 20500. On January 25,1993, the Defendants, CAROL RASCO, IRA MAGAZINER and JUDITh FEDER were named as members of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, by President Clinton.

18. The Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, is an "Advisory Committee" or "Task Force", composed of the Defendants, HILLARY RODHAM CLINTON, wife of President Clinton; DONNA E. SHALALA, Secretary of the Department of Health & Human Services; LLOYD E. BENTSEN, Secretary of the Treasury; LES ASPIN, Secretary of Defense; JESSE BROWN, Secretary of Veterans Affairs; RONALD H. BROWN, Secretary of Commerce; ROBERT B. REICH, Secretary of Labor; LEON E. PANETTA, Director of the Office of Management and Budget; ALICE RIVLIN, Deputy Director of the Office of Management and Bud~et, CAROL RASCO, IRA MAGAZINER and JUDITH FEDER, White House advisors, formed by the President of the United States on January 25, 1993, for the purpose of listening to all parties and preparing health care reform legislation which could be submitted to Congress. The offices of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTh CARE REFORM, are located at the Executive Office of the President, Washington, D.C. 20500. The Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, is named as a party herein for all purposes of Rule

9 17(b) of the Federal Rules of Civil Procedure. Service of Process shall be made upon the Chairperson, the Defendant, HTLLARY RODHAM CLINTON, at her address, the White House, 1600 Pennsylvania Avenue, Washington, D.C. 20500.

STATEMENT OF THE CASE

A. The Formation of the PRESIDENTS TASK FORCE ON NATIONAL HEALTH CARE REFORM as an Advisory Committee

19. That on or about January 25, 1993 President William Jefferson Clinton announced the formation of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, at the White House, the announced purpose of which was, according to the press release from the White House, "[to] build on the work of the campaign and the transition. Listen t~ all parties and prepare health care reform legislation to be submitted to Congress within one-hundred (100) days of our taking office [on January 20, 1993]". A true and correct copy of the President's Remarks on Health Care Reform of January 25, 1993, is attached hereto and made a part hereof as though set out at length herein and marked, for purposes of identification, as Exhibit "A".

20. That the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, was formed by the President for the purpose of ~rnishing him with "expert advice, ideas and diverse opinions," and is a "task force" established by the President in the interest of obtaining advice and recommendations on national health reform and consists of at least one member who is not a lull-time officer or employee of the federal government.

B. The PRESIDENTS TASK FORCE ON NA TIONAL HEALTH CARE REFORM is an Advisory Committee Within the Meaning ofthe Federal Advisory Committee Act.

21. That, pursuant to Title 5 U.S.C. App., Section 3, an "advisory committee" is any "task force" which is "established or utilized by the President... in the interest of obtalning advice or recommendations for the President or one or more agencies of the federal government, except that such term excludes. any committee which is composed wholly of lull-time officers or employees of the Federal Government."

10 22. That the Defendant, HILLARY RODHAM CLINTON, Chairperson of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and wife of the President of the United States, is not now, nor at any time relevant hereto has been, a frill-time officer or employee of the Government of the United States.

23. That the Defendant, HILLARY RODHAM CLINTON, the Chairperson of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and wife of the President of the United States, is barred from being a frill-time officer or employee of the Government of the United States under the Kennedy Act, Title 5 U.S.C. Section 3110.

24. That the Defendant, PRESIDENT'S TASK FORCE ON HEALTH CARE REFORM, is an "advisory committee" within the meaning of the Federal Advisory Committee Act, 5 U.S.C. App., Sections 1 through 14.

C The PRESIDENT'S TASK FORCE ON NA HONAL HEALTH CARE REFORiWHas Failed to File an Advisory Committee Charter .

25. That, according to Title 5 U.S.C. App., Section 9(a), "no advisory committee shall meet or take any action until an advisory cornrnittee charter has been filed with the Director [of the Office of Management and Budget] [Administrator of the General Services Administration]." Such charter shall contain, according to Title 5 U.S.C. App., Section 9(c), the following information: "(A) the committee's official designation; (B) the committee's objectives and the scope of its activity; (C) the period of time necessary for the committee to carry out its purposes; (D) the agency or official to whom the committee reports; (E) the agency responsible for providing the necessary support for the committee; (F) a description of the duties for which the committee is responsible, and, if such duties are not solely advisory, a specification of the authority for such functions; (G) the estimated annual operating costs in dollars and man-years for such committee; (H) the estimated number and frequency of committee meetings; (I) the committee's termination date, if less than two years from the date of the committee's

11 establishment; and (J) the date the charter is filed." The advisory committee charter shall be filed as well with the .

26. That as of the date of the filing of this Verified Complaint for Declaratory Judgment, Restraining Order, and Temporary and Permanent Injunctive Relief, no advisory committee charter establishing the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, has been filed pursuant to FACA, Title 5 U.S.C. App., Section 9(c).

D. The Meetings of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM Must Be Open to the Public with Advance Notice Published in the Federal Register .

27. That, pursuant to Title 5 U.S.C. App., Section 10, (a)(l), "Each advisory committee meeting shall be open to the public." Further, under said section 10(a)(2) of said Title, "Except when the President determines otherwise for reasons of nation security, timely notice of each such meeting shall be published in the Federal Register, and the Director [of the Office of Management and Budget] [Administrator of the General Services Administration] shall prescribe regulations to provide for other types of public notice to ensure that all interested persons are notified of such meeting prior thereto." According to subsection (3) of Section 10(a) of said Title, "Interested persons shall be permitted to attend, appear before, or file statements with any advisory committee, subject to reasonable rules or regulations as the Director [Administrator] may prescribe."

28. That according to the FACA, Title 5 U.S.C. App., Section 10(d), and the Government in the Sunshine Act, Title 5 U.S.C. Section 552b(b), "every portion of every meeting of an agency shall be open to public participation" except where the agency finds that its meeting or meetings should be closed because not closing the meeting or meetings would involve the disclosure of matters outlined in Title 5 U.S.C. Section 552b(c) and it takes the requisite steps set forth in Title 5 U.S.C. App., Section 10(d), and Title 5 U.S.C. Section 552b(d). An agency according to Title 5 U.S.C. Section 552b, shall include all those entitles set forth in Title 5 U.S.C. Section 552(d), including any "establishment in the executive branch of the Government."

12 29. That the Defendants have not applied for or sought to invoke any of the exemptions from holding the meetings of the individual Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTh CARE REFORM, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTh CARE REFORM, open to the public and giving adequate notice in the Federal Register and otherwise providing for public participation set forth in the Government in the Sunshine Act, Title 5 U.S.C. Section 552b.

F. No Meeting of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM Have Been Conducted To Date

30. That the individual Defendants, as members of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORXI, have not conducted any meetings, as of the date of filing the within Verified Complaint for Declaratory Judgment, Restraining Order, and Temporary and Permanent Injunctive Relief, but a meeting of said individual Defendants and said Defendant task force is irnnninent. Subgroups and subconnnitteess thereof, however, are now meeting and conducting business.

G. Plaintiffs Have Requested to Participate In All the Meetings of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CA REFORM .

31. That on February 10, 1993 the Plainti1f, AAPS, by and through its Executive Director, Jane M. Orient, M.D., forwarded a letter, overnight mail, to the Defendant, HILLARY RODHAM CLINTON, Chairperson of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, with a copy to Hon. Bernard W. Nussbaum, counsel to the President of the United States, demanding that she and members of the Plalntiff~ AAPS, be permitted to attend the meetings of the individual Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and that she and it receive advance notice.of all subsequent meetings, pursuant to Title 5 U.S.C. App., Section 10.

13 A true and correct copy of the aforementioned letter is attached hereto and made a part hereof as though set out at length herein and marked, for purposes of identification, as Exhibit "B"

32. That on February 10, 1993 the Plaintiff, ACHCR, by and through its executive director, William Sharker, forwarded a letter, overnight mail, to the Defendant, HILLARY RODHAM CLINTON, Chairperson of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTh CARE REFORM, with a copy to Hon. Bernard W. Nussbaum, counsel to the President of the United States, demanding that he and members of the Plaintiff, ACHCR, be permitted to attend the meetings of the individual Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFO~M, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and that he and it receive advance notice of all subsequent meetings, pursuant to Title 5 U.S.C. App., Section 10. A true and correct of the aforementioned letter is attached hereto and made a part hereof as though set out at length herein and marked, for purposes of identification, as Exhibit "C".

33. That on February 11, 1993, the Plaintiff, ~TPC, by and through its President, Peter T. Flaherty, forwarded a letter to the Defendant, HTLLARY RODHAM CLINTON, Chairperson of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, with a copy to Hon. Bernard W. Nussbaum, counsel to the President of the United States, demanding that he and members of the Plaintiff, NLPC, be permitted to attend the meetings of the individual Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and that he and it receive advance notice of all subsequent meetings, pursuant to Title 5 U.S.C. App., Section 10. A true and correct copy of the aforementioned letter is attached hereto and made a part hereof as though set out at length herein and marked, for purposes of identification, as Exhibit "D".

IL The Defendants Assert That the Federal Advisory Committee Act Does Not Apply to Them and Thus Have Refused to Allow Plaintiffs to Attend All of the Meetings of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM .

14 34. That the Defendants, by and through Bernard W. Nussbaum, counsel to the President, notified the Plaintiffs, AAPS, ACHCR and NLPC, by letters dated February 12 and 16, 1993, that no meetings of the individual Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, had been held and, frirther, responded to the demands of the Plaintiffs, AAPS, ACHCR and NLPC, regarding their attendance and participation in the meetings and providing advance notice thereof in the Federal Register, and otherwise following the Federal Advisory Committee Act, 5 U.S.C. App. Sections 1 through 14, and the Government in the Sunshine Act, Title 5 U.S.C. Section 552b, by stating the following:

It is our opinion that the Federal Advisory Committee Act does not, and was not intended by Congress to, apply to the health task force--composed solely of Cabinet secretaries, senior White House officials and the First Lady. The participation of the F~rst Lady on the task force does not trigger application of the Act.

True and correct copies of the aforesaid letters from Bernard W. Nussbaum, counsel to the President, to the Plaintiffs, AAPS, ACHCR and NLPC, dated February 12 and 16, 1993, are attached hereto and made a part hereof as though set out at length herein and marked, for purposes of identification, as Exhibits "E", "F" and "G".

I The Defendants Are In violation of the Federal Advisory Committee Act and the Government in the Sunshine Act

35. That the Defendants, HTLLARY RODHAM CLINTON, DONNA E. SHALALA, LLOYD E. BENTSEN, LES ASPIN, JESSE BROWN, ROBERT B. REICH, , ALICE RIVLIN, CAROL RASCO, IRA MAGAZINER, JUDITh FEDER, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the PRESIDENT'S TASK FORCE ON NATIONAL HEALTh CARE REFORM, by not filing an advisory committee charter and by not opening all of the meetings of the individual Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTh

15 CARE REFORM, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and their and its subgroups and subcommittees, to attendance and participation by the Plaintiffs, and by not providing advance notice of said meetings in the Federal Register. are in violation of the FACA, 5 U.S.C. Sections 1 through 14, and specifically Sections 9 and 10, and the Government in the Sunshine Act, Title 5 U.S.C. Section 552b. j The Plaintiffs Are Being Denied Their Rights to Participate in the Meetings of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM. and to be Informed of Its Limits of Authority Under an Advisory Committee Charter .

36. That as a direct and proximate result of the acts of the Defendants, the Plaintiffs, AAPS, ACHCR and NLPC, are being, and will be, denied their right, under FACA and the Government in the Sunshine Act, to attend and participate in all of the meetings and deliberations of the individual Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORiM, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the subgroups and subcommittees thereof, and are being denied their right to be informed of the limits of authority of the Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, by said Defendants failing and reftising to file an advisory committee charter.

37. That by reason of the Defendants' conduct, the Plaintiffs have suffered, and will continue to suffer, immediate, actual and irreparable harm in that the Defendants will conduct their meetings without an advisory committee charter being filed, and the Plaintiffs will be denied their right to participate in the meetings and deliberations of the Defendants unless this Honorable Court grants the relief sought herein. The first meeting of the individual Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the

16 Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTh CARE REFORM, is imminent, but, subgroups and subcommittees thereof are now meeting and conducting business.

38. That the Plaintiffs have no adequate 6r speedy remedy at law for the above- mentioned conduct of the Defendants, and this action for injunctive relief is the Plaintiffs' only means of securing relief

PRAYER

THEREFORE, Plaintiffs pray that this Honorable Court enter judgment against the Defendants, HILLARY RODHAM CLINTON, DONNA E. SHALALA, LLOYD E. BENTSEN, LES ASPIN, JESSE BROWN, RONALD BROWN, ROBERT B. REICH, LEON PANETTA, ALICE RIVLIN, CAROL RASCO, IRA MAGAZINER, JUDITH FEDER, individually, and as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTh CARE REFORM, as follows:

(A) declare that the said Defendants are in violation of the Federal Advisory Committee Act, Title 5 U.S.C. App., Sections 1 through 14, and the Government in the Sunshine Act, Title 5 U.S.C. Section 552b, because the Defendants have failed to file an advisory committee charter for the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the Defendants are ref\ising to open all of the meetings of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTh CARE REFORM to the Plaintiffs and refrising to permit their participation therein and are reftising to notifiy the Plaintiffs of the meetings of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, by formally announcing said meetings in the Federal Register.

(B) enter a Temporary Restraining Order and a Temporary Injunction, pursuant to Rule 65 of the Federal Rules of Civil Procedure, enjoining the individual Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTh CARE REFORM, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTh CARE REFORM, and all those in active concert~or participation therewith, from holding or conducting any meetings of the

17 individual Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, pending a final hearing and determination of this action; and enter a Permanent Injunction, pursuant to Rule 65 of the Federal Rules of Civil Procedure, perpetually enjoining the individual Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and all those in active concert and participation therewith, from holding or conducting any meetings until an advisory committee charter is filed in accordance with the Federal Advisory Committee Act, Title 5 U.S.C. App., Section 9, and mandatorily enjoining the individual Defendants, as members of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORNI, and the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and all those in active concert and participation therewith, from holding or conducting any meetings until they are all open to the Plaintiffs' (and the public's) attendance and participation, and said meetings are announced in advance in the Federal Register, in accordance with the Federal Advisory Committee Act, Title 5 U.S.C. App., Section 10, and the Government in the Sunshine Act, Title 5 U.S.C. Section 552b.

(C) award Plaintiffs such other and ~rther relief, including attorneys' fees, to which this Honorable Court may deem Plaintiffs entitled.

I, Jane M. Orient, M.D., declare under penalty of perjury that the foregoing is true and correct.

Executed on 2/18/93

JANE M. ORIENT, M.D.

STATE OF NEVADA COUNTY OF Washoe

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