UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Transcription

1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ASSOCIATION OF AMERICAN ) PHYSICIANS AND SURGEONS, INC.,) AMERICAN COUNCIL FOR HEALTH ) CARE REFORM AND NATIONAL ) LEGAL & POLICY CENTER, ) Civil Action ) No Plaintiffs, ) ) (Judge Lamberth) v. ) HILLARY RODHAM CLINTON, ) DONNA E. SHALALA, Secretary of ) Health and 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 Budget, CAROL) RASCO, IRA MAGAZINER and ) JUDITH FEDER, White House ) Advisors, THE PRESIDENT'S ) TASK FORCE ON NATIONAL ) HEALTH CARE REFORM, and the ) INTERDEPARTMENTAL WORKING ) GROUP OF THE PRESIDENT'S TASK ) FORCE ON NATIONAL HEALTH CARE ) REFORM, AND ITS CLUSTER GROUPS,) WORKING GROUPS AND SUBGROUPS ) (the Specific Names and Group ) Numbers of Which are Set Forth) Hereinbelow at Paragraph 18), ) Defendants. ) ) VERIFIED

2 SECOND AMENDED AND SUBSTITUTED COMPLAINT FOR DECLARATORY JUDGMENT, RESTRAINING ORDER, AND PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF

3 NOW COME the Plaintiffs, ASSOCIATION OF AMERICAN PHYSICIANS & SURGEONS, INC., an Indiana not -for-profit corporation, by and through Jane M. Orient, M.D., Executive Director, the AMERICAN COUNCIL FOR HEALTH CARE REFORM, a Virginia corporation, by and through William Shaker, President, and the NATIONAL LEGAL & POLICY CENTER, a District of Columbia not -for-profit corporation, by and through Kenneth F. Boehm, Chairman and C.E.O., pursuant to Rule 15 of the Federal Rules of Civil Procedure, after being duly sworn, and for their Verified Second Amended and Substituted Complaint for Declaratory Judgment, Restraining Order and Preliminary and Permanent Injunctive Relief against the Defendants, HILLARY RODHAM CLINTON, DONNA E. SHALALA, Secretary 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 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, the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS and SUBGROUPS (the specific names and group numbers of which are set forth hereinbelow at paragraph 18), allege and state as follows: 2

4 JURISDICTION 1. That this is a civil action arising under the laws of the United States, specifically the Federal Advisory Committee Act ("FACA"), Title 5 U.S.C. App., 1 through 14, and the Government in the Sunshine Act, Title 5 U.S.C. 552b, the Freedom of Information Act, Title 5 U.S.C. 552a ("FOIA"), and is brought pursuant to Title 28 U.S.C. 1331, 1361, 1651 and Title 5 U.S.C. 552b and 702. This Court may grant the declaratory and injunctive relief sought herein pursuant to Title 28, U.S.C and 2201 and Rules 57 and 65 of the Federal Rules of Civil Procedure. 2. That this action involves the legality and course of conduct of federal advisory committees and the interpretation and meaning of the Federal Advisory Committee Act (FACA), Title 5 U.S.C. App., 1 through 14, the Government in the Sunshine Act, Title 5 U.S.C. 552b, and the Freedom of Information Act, Title 5 U.S.C. 552a, enacted by the Congress of the United States of American, and, therefore, the Attorney General of the United States shall be served with a copy of the Verified Second Amended and Substituted Complaint for Declaratory Judgment, Restraining Order, and Preliminary and Permanent Injunctive Relief, and shall be entitled to be heard as required by Rule 4 of the Federal Rules of Civil Procedure. VENUE 3. That venue is laid in this judicial district pursuant to Title 28 U.S.C. 1391(e) in that the individual Defendant members 3

5 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, and all of the individual Defendants have their offices--in the case of the Defendant, HILLARY RODHAM CLINTON, her residence --within this judicial district; and, the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and the Defendants, the INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS (the specific names and group numbers of which are set forth hereinbelow at paragraph 18), have their offices located within this judicial district; the cause of action arose within this judicial district, and, no real property is involved herein. PLAINTIFFS 4. 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 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 4

6 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 and examine the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, and all other documents 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 the Defendants, the INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS (the specific names and group numbers of which are set forth hereinbelow at paragraph 18), in order to advance and protect the interests of physicians and osteopaths. The Plaintiff, AAPS, and its members are "interested persons" within the meaning of the FACA. 4. 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-prof it corporation laws of the Commonwealth of Virginia, with its principal offices located at 5155 North 37th Street, Arlington, Virginia The purpose of the ACHCR is to represent consumers of health care services in an effort to ensure that the health care market remains free of unnecessary and costly government regulations and for the implementation of reforms within the 5

7 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 and examine the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda and all other documents 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 the Defendants, the INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS (the specific names and group numbers of which are set forth hereinbelow at paragraph 18), 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. 6. 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 th Street, Suite 500, Washington, D.C The Plaintiff, 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 Defendants, the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM and the Defendants, the INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON 6

8 NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS (the specific names and group numbers of which are set forth hereinbelow at paragraph 18), are not operating under advisory committee charters and are not conducting their meetings in public with advance notice thereof in the Federal Register, or opening their records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, and other documents to the public for inspection and copying, 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 and examine the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, and all other documents 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 the Defendant, the INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS AND SUBGROUPS, not only due to Plaintiffs' and its officers' 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 7. 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 The Defendant, HILLARY RODHAM CLINTON, is not now an employee or 7

9 official of the Government of the United States and receives no remuneration from the Government of the United States. The Defendant, HILLARY RODHAM CLINTON, was named Chairperson of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, on January 25, 1993 by President Clinton. 8. 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 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. 9. 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 On January 25, 1993, the Defendant, LLOYD E. BENTSEN, was named a member of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, by President Clinton. 10. That the Defendant, LES ASPIN, at all times relev ant hereto, was 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 On January 25, 1993, the Defendant, LES ASPIN, was named a member of the 8

10 Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, by President Clinton. 11. That the Defendant, JESSE BROWN, 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 ), Washington, D.C 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. 12. 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 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. 13. 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 Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C On January 25, 1993, the Defendant, ROBERT B. REICH, was named a member of the 9

11 Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, by President Clinton. 14. 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 Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C 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. 15. The Defendant, ALICE RIVLIN, 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 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. 16. 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 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. 10

12 17. The Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, is an "Advisory Committee" 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 Budget; 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 The Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, is named as a party herein for all purposes of Rule 17(b) of the Federal Rules of Civil Procedure. Service of Process shall be made upon the Chairperson of the Defendant, HILLARY RODHAM CLINTON, at her address, the White House, 1600 Pennsylvania Avenue, Washington, D.C The Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM is referred to hereinbelow at times as the "TASK FORCE". 18. The Defendants, INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS; namely, Cluster Group 11

13 I, "New System Organization", and Working Group 1, "Principles and Operation of Purchasing Cooperatives"; Working Group 1A, "Health Plans, Patients and Providers"; Working Group 2, "Managed Care/Toward & Beyond"; Working Group 3, "Governance"; "Working Group 4, "A Global Budget", and Working Group 5, "Insurance Reform"; Cluster Group II, "New System Coverage", and Working Group 6, "Benefits Package"; Working Group 7, "Coverage for Working Families"; Working Group 8, "Coverage for Low Income and Non - Working Families"; Cluster Group III, "New System Infrastructure", and Working Group 9, "Quality Measurement"; Working Group 10, "Information Systems"; Working Group 11, "Malpractice and Tort Reform", and Working Group 12, "Facilitating Professional Development"; Cluster Group IV,, "Integration of Government Programs into the New System", and Working Group 13, "Medicare"; Working Group 14, "Department of Defense"; Working Group 15, "Veterans"; Working Group 16, "Federal Employers Health Benefits Plan"; Working Group 16A, "Other Government Programs"; Cluster Group V, "Bioethics or Ethical Foundations of the New System", and Working Group 17, "Bioethics"; Cluster Group VI, "Transition to the New System, Short -Term Cost Controls", and Working Group 18, "Accelerating New System Development"; Working Group 19, "Administrative Simplification"; Working Group 20, "Interim Cost Controls"; Cluster Group VII, "Financing", and Working Group 21, "Financing"; Cluster Group VIII, "Health Policy Initiatives for the Underserved", and Working Group 22, "Health Policy Initiatives for the Underserved", and Subgroup A, "Underserved Rural and Inner City 12

14 Areas"; Subgroup B, "Vulnerable/High Risk Populations"; Subgroup C, "Women and Children", and Subgroup D, "Population -Based Public Health and Prevention"; Cluster Group IX, "Mental Health", and Working Group 23, "Mental Health Benefits Package"; Working Group 24, "Substance Abuse"; Working Group 25, "Children's Services"; Working Group 26, "Public System Impact/Special Populations"; Cluster Group X, "Long Term Care", and Working Group 27, "Long Term Care-Background"; Working Group 28, "Long Term Care -Public Options"; Working Group 29, "Long Term Care -Private Options"; Working Group 30, "Cost and Revenue"; Cluster Group XI, "Economic Impact", and Working Group 31, "Economic Impact"; Cluster Group XII, "Quantitative Analysis"; and Working Group 32, "Quantitative Analysis; Cluster Group XIII, "Legal Audit", and Working Group 33, "Legal Audit"; Cluster Group XIV, "Numbers Audit", and Working Group 34, "Numbers Audit"; Cluster Group XV, "The Drafting Group", and Working Group 35, "The Drafting Group", and Working Group 36, "Disability Cross -Cutting Work Group"; Working Group 37, "Rural Cross-Cutting Group"; Working Group 38, "Benefits Coordination"; Working Group 39, "Minority Issues Review Group"; Working Group 40, "Academic Health Centers", and Working Group 41, "Workers' Compensation Task Force", are "advisory committees" formed by or under the direction of the President of the United States on January 25, 1993 and utilized by the President for the purpose of "documenting the impact of existing health care policies and gathering information concerning present health care systems and alternatives for health care reform legislation to be recommended 13

15 to the TASK FORCE and to the President of the United States. The offices of the Defendants, INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS, aforementioned, are located at the Executive Office of the President, Washington, D.C The Defendants, INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS, aforementioned, are named as parties herein for all purposes of Rule 17(b) of the Federal Rules of Civil Procedure. Service of process shall be made upon the Chairperson of the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, HILLARY RODHAM CLINTON, at her address, the White House, 1600 Pennsylvania Avenue, Washington, D.C STATEMENT OF THE CASE A. THE FORMATION OF THE PRESIDENT'S 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 to 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 14

16 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 furnishing him with "expert advice, ideas and diverse opinions," and is a "task force" and "advisory committee" established and utilized 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 full -time officer or employee of the federal government. B. THE FORMATION OF THE INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM. AND ITS CLUSTER GROUPS' WORKING GROUPS AND SUBGROUPS 21. That on or about January 25, 1993, the President of the United States, through the Defendant, IRA MAGAZINER, established the Defendants, INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE FORM and its CLUSTER GROUPS, WORKING GROUPS and SUBGROUPS, which met [and possibly still meets] "regularly as part of an intensive effort to document the impact of existing health care policies and to gather information concerning the present health care system and alternatives for [health care] reform [legislation]" to be recommended to the individual Defendants and the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and to the President of the United States. 22. That the Defendants, INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS, include, Cluster 15

17 Group I, "New System Organization", and Working Group 1, "Principles and Operation of Purchasing Cooperatives"; Working Group 1A, "Health Plans, Patients and Providers"; Working Group 2, "Managed Care/Toward & Beyond"; Working Group 3, "Governance"; "Working Group 4, "A Global Budget", and Working Group 5, "Insurance Reform"; Cluster Group II, "New System Coverage", and Working Group 6, "Benefits Package"; Working Group 7, "Coverage for Working Families"; Working Group 8, "Coverage for Low Income and Non-Working Families"; Cluster Group III, "New System Infrastructure", and Working Group 9, "Quality Measurement"; Working Group 10, "Information Systems"; Working Group 11, "Malpractice and Tort Reform", and Working Group 12, "Facilitating Professional Development"; Cluster Group IV, "Integration of Government Programs into the New System", and Working Group 13, "Medicare"; Working Group 14, "Department of Defense"; Working Group 15, "Veterans"; Working Group 16, "Federal Employers Health Benefits Plan"; Working Group 16A, "Other Government Programs"; Cluster Group V, "Bioethics or Ethical Foundations of the New System", and Working Group 17, "Bioethics"; Cluster Group VI, "Transition to the New System, Short -Term Cost Controls", and Working Group 18, "Accelerating New System Development"; Working Group 19, "Administrative Simplification"; Working Group 20, "Interim Cost Controls"; Cluster Group VII, "Financing", and Working Group 21, "Financing"; Cluster Group VIII, "Health Policy Initiatives for the Underserved", and Working Group 22, "Health Policy Initiatives for the Underserved", and Subgroup A, 16

18 "Underserved Rural and Inner City Areas"; Subgroup B, "Vulnerable/High Risk Populations"; Subgroup C, "Women and Children", and Subgroup D, "Population -Based Public Health and Prevention"; Cluster Group IX, "Mental Health", and Working Group 23, "Mental Health Benefits Package"; Working Group 24, "Substance Abuse"; Working Group 25, "Children's Services"; Working Group 26, "Public System Impact/Special Populations"; Cluster Group X, "Long Term Care", and Working Group 27, "Long Term Care -Background"; Working Group 28, "Long Term Care -Public Options"; Working Group 29, "Long Term Care -Private Options"; Working Group 30, "Cost and Revenue"; Cluster Group XI, "Economic Impact", and Working Group 31, "Economic Impact"; Cluster Group XII, "Quantitative Analysis"; and Working Group 32, "Quantitative Analysis; Cluster Group XIII, "Legal Audit", and Working Group 33, "Legal Audit"; Cluster Group XIV, "Numbers Audit", and Working Group 34, "Numbers Audit"; Cluster Group XV, "The Drafting Group", and Working Group 35, "The Drafting Group", and Working Group 36, "Disability Cross -Cutting Work Group"; Working Group 37, "Rural Cross -Cutting Group"; Working Group 38, "Benefits Coordination"; Working Group 39, "Minority Issues Review Group"; Working Group 40, "Academic Health Centers", and Working Group 41, "Workers' Compensation Task Force." That the INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS, aforementioned, consist of members who are not full - time officers or employees of the federal government. 17

19 C. THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM IS AN ADVISORY COMMITTEE WITHIN THE MEANING OF THE FEDERAL ADVISORY COMMITTEE ACT. 23. That, pursuant to Title 5 U.S.C. App., 3, an "advisory committee" is any "committee, board, commission, council, conference, panel, task force, or other similar group" which is "established or utilized by the President... in the interest of obtaining 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 full -time officers or employees of the Federal Government." 24. That the Defendant, PRESIDE NT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, was "established" and "utilized" by the President of the United States in the interest of obtaining advice and recommendations on national health care reform and legislation, and 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 full -time officer or employee of the Government of the United States. 25. 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 full -time officer or employee of the Government of the United States under the Kennedy Act, Title 5 U.S.C That the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, is an "advisory committee" within the meaning 18

20 of the Federal Advisory Committee Act, 5 U.S.C. App., 1 through 14. D. THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM FILED AN ADVISORY COMMITTEE CHARTER UNDER COURT ORDER. 27. That, according to Title 5 U.S.C. App., 9(a), "no advisory committee shall meet or take any action until an advisory committee 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., 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 establishment; and, (J) the date the charter is filed." The advisory committee charter shall be filed as well with the Library of Congress. 28. That as of the date of the filing of this Verified Second Amended and Substituted Complaint for Declaratory Judgment, Restraining Order, and Temporary and Permanent Injunctive Relief, 19

21 an advisory committee charter establishing the Defendant, PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, was filed pursuant to FACA, Title 5 U.S.C. App., 9(c), and this Court's Preliminary Injunction, dated March 10, 1993, although the Preliminary Injunction aforementioned was dissolved by the United States Court of Appeals for the District of Columbia on June 22, E. 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. 29. That, pursuant to Title 5, U.S.C. App., 10(a)(1), "Each advisory committee meeting shall be open to the public." Further, under said 10 (a) (2) of said Title, "Except when the President determines otherwise for reasons of national 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 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." 30. That according to the FACA, Title 5 U.S.C., App., 10(d), and the Government in the Sunshine Act, Title 5 U.S.C. 552b(b), "every portion of every meeting of an agency shall be open 20

22 to public participation" except where the agency finds that its meeting or meetings shall be closed because not closing the meeting or meetings would involve the disclosure of matters outlined in Title 5 U.S.C. 552b(c), and it takes the requisite steps set forth in Title 5 U.S.C. App., 10(d), and Title 5 U.S.C. 552(d). An "agency" according to Title 5 U.S.C. 552b, shall include all those entities set forth in Title 5 U.S.C. 552(d), including any "establishment in the executive branch of the Government". F. THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM MUST OPEN FOR PUBLIC INSPECTION ITS RECORDS. REPORTS, TRANSCRIPTS, MINUTES, APPENDIXES, WORKING PAPERS. DRAFTS, STUDIES, AGENDA AND OTHER DOCUMENTS. 31. That, pursuant to Title 5 U.S.C. App. 10(b), "subject to Section 552 of Title 5, United States Code (FOIA), the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist." 32. The Defendants and the Defendant Task Force mu st maintain certain records consisting generally of: (1) the Advisory Committee Charter of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM; (2) all records, reports, transcripts, minutes (including minutes containing a record of the persons present and a complete and accurate description of the matters discussed and conclusions reached), appendixes, working papers, drafts, studies, or other documents which have been or will be made available to or have been 21

23 prepared by the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM; (3) all schedules of meetings and agenda of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM; and (4) the names and background histories of all persons who are members of or consult or advise (whether on a full -time or part -time basis and whether they are paid or not, and the amount paid where applicable) the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, which relate to the conduct of the meetings of the PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and Plaintiffs have an interest in said documents and records by reason of the fact that they are and will be directly affected by the work and deliberations of the Defendants and the Defendant TASK FORCE. G. THE INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, AND ITS CLUSTER GROUPS. WORKING GROUPS AND SUBGROUPS ARE ADVISORY COMMITTEES WITHIN THE MEANING OF THE FEDERAL ADVISORY COMMITTEE ACT. 33. That, pursuant to Title 5, U.S.C. App., 3, an "advisory committee" is any "committee, board, commission, council, conference, panel, task force, or other similar group" which is "established or utilized by the President... in the interest of obtaining advice or recommendation for the President or one or more agencies of the federal government, except that such term excludes... any committee which is composed wholly of full -time officers or employees of the Federal Government." 34. That the Defendant, INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS; namely, Cluster Group I, "New System Organization", and Working Group 1, "Principles and 22

24 Operation of Purchasing Cooperatives"; Working Group 1A, "Health Plans, Patients and Providers"; Working Group 2, "Managed Care/Toward & Beyond"; Working Group 3, "Governance"; "Working Group 4, "A Global Budget", and Working Group 5, "Insurance Reform"; Cluster Group II, "New System Coverage", and Working Group 6, "Benefits Package"; Working Group 7, "Coverage for Working Families"; Working Group 8, "Coverage for Low Income and Non - Working Families"; Cluster Group III, "New System Infrastructure", and Working Group 9, "Quality Measurement"; Working Group 10, "Information Systems"; Working Group 11, "Malpractice and Tort Reform", and Working Group 12, "Facilitating Professional Development"; Cluster Group IV, "Integration of Government Programs into the New System", and Working Group 13, "Medicare"; Working Group 14, "Department of Defense"; Working Group 15, "Veterans"; Working Group 16, "Federal Employers Health Benefits Plan"; Working Group 16A, "Other Government Programs"; Cluster Group V, "Bioethics or Ethical Foundations of the New System", and Working Group 17, "Bioethics"; Cluster Group VI, "Transition to the New System, Short-Term Cost Controls", and Working Group 18, "Accelerating New System Development"; Working Group 19, "Administrative Simplification"; Working Group 20, "Interim Cost Controls"; Cluster Group VII, "Financing", and Working Group 21, "Financing"; Cluster Group VIII, "Health Policy Initiatives for the Underserved", and Working Group 22, "Health Policy Initiatives for the Underserved", and Subgroup A, "Underserved Rural and Inner City Areas"; Subgroup B, "Vulnerable/High Risk Populations"; Subgroup C, "Women and 23

25 Children", and Subgroup D, "Population -Based Public Health and Prevention"; Cluster Group IX, "Mental Health", and Working Group 23, "Mental Health Benefits Package"; Working Group 24, "Substance Abuse"; Working Group 25, "Children's Services"; Working Group 26, "Public System Impact/Special Populations"; Cluster Group X, "Long Term Care", and Working Group 27, "Long Term Care -Background"; Working Group 28, "Long Term Care -Public Options"; Working Group 29, "Long Term Care -Private Options",; Working Group 30, "Cost and Revenue"; Cluster Group XI, "Economic Impact", and Working Group 31, "Economic Impact"; Cluster Group XII, "Quantitative Analysis"; and Working Group 32, "Quantitative Analysis; Cluster Group XIII, "Legal Audit", and Working Group 33, "Legal Audit"; Cluster Group XIV, "Numbers Audit", and Working Group 34, "Numbers Audit"; Cluster Group XV, "The Drafting Group", and Working Group 35, "The Drafting Group", and Working Group 36, "Disability Cross -Cutting Work Group"; Working Group 37, "Rural Cross -Cutting Group"; Working Group 38, "Benefits Coordination"; Working Group 39, "Minority Issues Review Group"; Working Group 40, "Academic Health Centers", and Working Group 41, "Workers' Compensation Task Force", were established and utilized by the President of the United States in the interest of obtaining advice and recommendations on national health care reform and legislation, and, the INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS, aforementioned, were not composed wholly of full -time officers or employees of the Federal Government. 24

26 35. That the Defendants, INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS; namely, Cluster Group I, "New System Organization", and Working Group 1, "Principles and Operation of Purchasing Cooperatives"; Working Group 1A, "Health Plans, Patients and Providers"; Working Group 2, "Managed Care/Toward & Beyond"; Working Group 3, "Governance"; "Working Group 4, "A Global Budget", and Working Group 5, "Insurance Reform"; Cluster Group II, "New System Coverage", and Working Group 6, "Benefits Package"; Working Group 7, "Coverage for Working Families"; Working Group 8, "Coverage for Low Income and Non - Working Families"; Cluster Group III, "New System Infrastructure", and Working Group 9, "Quality Measurement"; Working Group 10, "Information Systems"; Working Group 11, "Malpractice and Tort Reform", and Working Group 12, "Facilitating Professional Development"; Cluster Group IV,, "Integration of Government Programs into the New System", and Working Group 13, "Medicare"; Working Group 14, "Department of Defense"; Working Group 15, "Veterans"; Working Group 16, "Federal Employers Health Benefits Plan"; Working Group 16A, "Other Government Programs"; Cluster Group V, "Bioethics or Ethical Foundations of the New System", and Working Group 17, "Bioethics"; Cluster Group VI, "Transition to the New System, Short -Term Cost Controls", and Working Gro up 18, "Accelerating New System Development"; Working Group 19, "Administrative Simplification"; Working Group 20, "Interim Cost Controls"; Cluster Group VII, "Financing", and Working Group 21, 25

27 "Financing"; Cluster Group VIII, "Health Policy Initiatives for the Underserved", and Working Group 22, "Health Policy Initiatives for the Underserved", and Subgroup A, "Underserved Rural and Inner City Areas"; Subgroup B, "Vulnerable/High Risk Populations"; Subgroup C, "Women and Children", and Subgroup D, "Population -Based Public Health and Prevention"; Cluster Group IX, "Mental Health", and Working Group 23, "Mental Health Benefits Package"; Working Group 24, "Substance Abuse"; Working Group 25, "Children's Services"; Working Group 26, "Public System Impact/Special Populations"; Cluster Group X, "Long Term Care", and Working Group 27, "Long Term Care-Background"; Working Group 28, "Long Term Care -Public Options"; Working Group 29, "Long Term Care -Private Options"; Working Group 30, "Cost and Revenue"; Cluster Group XI, "Economic Impact", and Working Group 31, "Economic Impact"; Cluster Group XII, "Quantitative Analysis"; and Working Group 32, "Quantitative Analysis; Cluster Group XIII, "Legal Audit", and Working Group 33, "Legal Audit"; Cluster Group XIV, "Numbers Audit", and Working Group 34, "Numbers Audit"; Cluster Group XV, "The Drafting Group", and Working Group 35, "The Drafting Group", and Working Group 36, "Disability Cross -Cutting Work Group"; Working Group 37, "Rural Cross-Cutting Group" ; Working Group 38, "Benefits Coordination"; Working Group 39, "Minority Issues Review Group"; Working Group 40, "Academic Health Centers", and Working Group 41, "Workers' Compensation Task Force", are "advisory committees" within the meaning of the Federal Advisory Committee Act, 5 U.S.C. 1 through

28 H. THE INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM. AND ITS CLUSTER GROUPS. WORKING GROUPS AND SUBGROUPS HAVE FAILED TO FILE ADVISORY COMMITTEE CHARTERS. 36. That, according to Title 5 U.S.C. App., 9(a), "no advisory committee shall meet or take any action until an advisory committee 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., 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 establishment; and, (J) the date the charter is filed." The advisory committee charter shall be filed as well with the Library of Congress. 37. That as of the date of the filing of this Verified Second Amended and Substituted Complaint for Declaratory Judgment, Restraining Order, and Temporary and Permanent Injunctive Relief, no advisory committee charters establishing the Defendants, 27

29 INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS, namely, Cluster Group I, "New System Organization", and Working Group 1, "Principles and Operation of Purchasing Cooperatives"; Working Group 1A, "Health Plans, Patients and Providers"; Working Group 2, "Managed Care/Toward & Beyond"; Working Group 3, "Governance"; "Working Group 4, "A Global Budget", and Working Group 5, "Insurance Reform"; Cluster Group II, "New System Coverage", and Working Group 6, "Benefits Package"; Working Group 7, "Coverage for Working Families"; Working Group 8, "Coverage for Low Income and Non -Working Families"; Cluster Group III, "New System Infrastructure", and Working Group 9, "Quality Measurement"; Working Group 10, "Information Systems"; Working Group 11, "Malpractice and Tort Reform", and Working Group 12, "Facilitating Professional Development"; Cluster Group IV, "Integration of Government Programs into the New System", and Working Group 13, "Medicare"; Working Group 14, "Department of Defense"; Working Group 15, "Veterans"; Working Group 16, "Federal Employers Health Benefits Plan"; Working Group 16A, "Other Government Programs"; Cluster Group V, "Bioethics or Ethical Foundations of the New System", and Working Group 17, "Bioethics"; Cluster Group VI, "Transition to the New System, Short -Term Cost Controls", and Working Group 18, "Accelerating New System Development"; Working Group 19, "Administrative Simplification"; Working Group 20, "Interim Cost Controls"; Cluster Group VII, "Financing", and Working Group 21, "Financing"; Cluster Group VIII, 28

30 "Health Policy Initiatives for the Underserved", and Working Group 22, "Health Policy Initiatives for the Underserved", and Subgroup A, "Underserved Rural and Inner City Areas"; Subgroup B, "Vulnerable/High Risk Populations"; Subgroup C, "Women and Children", and Subgroup D, "Population -Based Public Health and Prevention"; Cluster Group IX, "Mental Health", and Working Group 23, "Mental Health Benefits Package"; Working Group 24, "Substance Abuse"; Working Group 25, "Children's Services"; Working Group 26, "Public System Impact/Special Populations"; Cluster Group X, "Long Term Care", and Working Group 27, "Long Term Care -Background"; Working Group 28, "Long Term Care -Public Options"; Working Group 29, "Long Term Care -Private Options"; Working Group 30, "Cost and Revenue"; Cluster Group XI, "Economic Impact", and Working Group 31, "Economic Impact"; Cluster Group XII, "Quantitative Analysis"; and Working Group 32, "Quantitative Analysis; Cluster Group XIII, "Legal Audit", and Working Group 33, "Legal Audit"; Cluster Group XIV, "Numbers Audit", and Working Group 34, "Numbers Audit"; Cluster Group XV, "The Drafting Group", and Working Group 35, "The Drafting Group", and Working Group 36, "Disability Cross -Cutting Work Group"; Working Group 37, "Rural Cross -Cutting Group"; Working Group 38, "Benefits Coordination",; Working Group 39, "Minority Issues Review Group"; Working Group 40, "Academic Health Centers", and Working Group 41, "Workers' Compensation Task Force", have been filed pursuant to FACA, Title 5 U.S.C. App., 9(c). I. THE MEETINGS OF THE INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, AND ITS CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS MUST BE OPEN TO 29

31 THE PUBLIC WITH ADVANCE NOTICE PUBLISHED IN THE FEDERAL REGISTER. 38. That, pursuant to Title 5, U.S.C. App., 10(a)91), "Each advisory committee meeting shall be open to the public." Further, under said 10 (a) (2) of said Title, "Except when the President determines otherwise for reasons of national 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 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." 39. That according to the FACA, Title 5 U.S.C, App., 10(d), and the Government in the Sunshine Act, Title 5 U.S.C. 552(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 shall be closed because not closing the meeting or meetings would involve the disclosure of matters outlined in Title 5 U.S.C. 552b(c), and it takes the requisite steps set forth in Title 5 U.S.C. App., 10(d), and Title 5 U.S.C. 552(d). An "agency" according to Title 5 U.S.C. 552b, shall include all those entities set forth in Title 5 U.S.C. 552(d), including any "establishment in the executive branch of the Government." 30

32 40. The Defendants, INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS and SUBGROUPS, aforementioned, functioned, and continue to function in total secrecy, and have refused, and now refuse, to permit Plaintiffs or the public -atlarge to attend and participate in said meetings. J. THE INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM. AND ITS CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS MUST OPEN FOR PUBLIC INSPECTION THEIR RECORDS. REPORTS, TRANSCRIPTS. MINUTES. APPENDIXES. WORKING PAPERS, DRAFTS, STUDIES. AGENDA AND OTHER DOCUMENTS. 41. That, pursuant to Title 5 U.S.C. App., 10(b), "subject to Section 552 of Title 5, United States Code (FOIA), the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist. 42. The Defendants, INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS, aforementioned, are required to maintain certain records consisting generally of: (1) the Advisory Committee Charters of the INTERDEPARTMENTAL WORKING GROUP OF THE PRESIDENT'S TASK FORCE ON NATIONAL HEALTH CARE REFORM, and its CLUSTER GROUPS, WORKING GROUPS AND SUBGROUPS aforementioned; (2) all records, reports, transcripts, minutes, (including minutes containing a record of the persons present and 31