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 United States, ) 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 The Pentagon ) 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.