[House Report 111-408]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-408

======================================================================

 
   RESOLUTION OF INQUIRY REQUESTING THE PRESIDENT, AND DIRECTING THE 
  SECRETARY OF HEALTH AND HUMAN SERVICES, TO TRANSMIT TO THE HOUSE OF 
  REPRESENTATIVES COPIES OF DOCUMENTS, RECORDS, AND COMMUNICATIONS IN 
 THEIR POSSESSION RELATING TO CERTAIN AGREEMENTS REGARDING HEALTH CARE 
                                 REFORM

                                _______
                                

  January 29, 2010.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Waxman, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 983]

    The Committee on Energy and Commerce, to whom was referred 
the resolution (H. Res. 983) requesting the President, and 
directing the Secretary of Health and Human Services, to 
transmit to the House of Representatives copies of documents, 
records, and communications in their possession relating to 
certain agreements regarding health care reform, having 
considered the same, report thereon without amendment and 
without recommendation.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Committee Hearings...............................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Applicability of Law to the Legislative Branch...................     3
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     3
Statement of General Performance Goals and Objectives............     3
Constitutional Authority Statement...............................     3
Advisory Committee Statement.....................................     3
Federal Mandates Statement.......................................     4
Earmarks and Tax and Tariff Benefits.............................     4
Committee Cost Estimate..........................................     4
New Budget Authority, Entitlement Authority and Tax Expenditures.     4
Section-by-Section Analysis......................................     4
Changes in Existing Law Made by the Bill, as Reported............     5

                          PURPOSE AND SUMMARY

    H. Res. 983 requests the President, and directs the 
Secretary of Health and Human Services, to transmit to the 
House of Representatives, not later than 14 days after the date 
of the adoption of the resolution, certain records relating to 
any written or verbal agreements that relate to any of the 
following bills in the 111th Congress (or any proposed change 
thereto): H.R. 3200, H.R. 3590, H.R. 3961, H.R. 3962, S. 1679, 
or S. 1796; and that are entered into on or after January 20, 
2009, between an individual serving in an office or position in 
the White House or the Department of Health and Human Services 
and any other person.

                  BACKGROUND AND NEED FOR LEGISLATION

    H. Res. 983 is a resolution of inquiry introduced on 
December 16, 2009, and referred to the Committee on Energy and 
Commerce. Under clause 7 of rule XIII of the Rules of the House 
of Representatives, the Committee must act on such a resolution 
within 14 legislative days or a privileged motion to discharge 
the Committee is in order.
    Under the rules and precedents of the House, a resolution 
of inquiry is one of the methods used by the House to obtain 
information from the executive branch. According to volume 7, 
chapter 24, section 8 of Deschler's Procedure, it is a ``simple 
resolution making a direct request or demand of the President 
or the head of an executive department to furnish the House of 
Representatives with specific factual information in the 
possession of the executive branch.''
    During the 111th Congress, Congress has been considering 
legislation to reform the nation's health care system. The 
Committee on Energy and Commerce reported such legislation, 
H.R. 3200, on October 14, 2009. On September 30, 2009, Rep. 
Michael C. Burgess (R-TX), the author of H. Res. 983, wrote the 
President requesting information similar to that requested by 
H. Res. 983. Specifically, he asked for (1) a list of all 
agreements entered into between any individuals associated with 
the White House and any health care reform stakeholders, as 
well as the substance of the agreements; (2) the names of 
individuals associated with the White House who participated in 
the decision-making process during negotiations over such 
agreements and the names, dates, and titles of meetings in 
which they participated relating to such agreements; and (3) 
the names of individuals or entities who requested and were 
denied a White House meeting on health care reform.
    The White House responded to the letter from Rep. Burgess 
on January 26, 2010. This response included a summary of White 
House visitor records relating to 575 individual health care-
related appointments and/or visits to the White House, and 
additional documents concerning White House discussions and 
meetings with stakeholders on health care reform. The White 
House also offered to work with Rep. Burgess to identify any 
particular groups or individuals that he or other Members of 
Congress believe were unable to communicate their views to the 
White House.
    In addition, on January 27, 2010, Committee Chairman 
Waxman, Ranking Member Barton, and Rep. Burgess committed to 
work together to pursue elements of the information request by 
Rep. Burgess. This understanding includes an agreement to issue 
a bipartisan letter seeking written agreements between the 
White House and outside groups regarding health care reform 
legislation; information regarding the identity of individuals 
who participated in meetings at the White House during which 
any such agreements were negotiated, including the identity of 
the White House officials involved; and paper or electronic 
communications between the Department of Health and Human 
Services and the health care industry on health reform 
negotiations or White House agreements. Given these facts, the 
Committee approved filing this report on H. Res. 983 in the 
House with no recommendation.

                           COMMITTEE HEARINGS

    The Committee held no hearings on H. Res. 983.

                        COMMITTEE CONSIDERATION

    The Committee on Energy and Commerce met in open session on 
Wednesday, January 27, 2010, and ordered H. Res. 983 reported 
to the House with no recommendation. No amendments were offered 
to the resolution.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. A 
motion by Mr. Waxman to order H. Res. 983 reported to the House 
with no recommendation was agreed to by a voice vote. There 
were no record votes during consideration of the resolution.

             APPLICABILITY OF LAW TO THE LEGISLATIVE BRANCH

    The Committee finds that H. Res. 983 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act of 1985.

         STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF
                             THE COMMITTEE

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the findings and 
recommendations of the Committee are reflected in the 
descriptive portions of this report.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    H. Res. 983 is intended to request the President and direct 
the Secretary of Health and Human Services to furnish certain 
documents relating to health care reform agreements.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    The Committee finds that the clause 3(d)(1) of rule XIII of 
the Rules of the House of Representatives, requiring a 
statement of constitutional authority for laws proposed by 
bills or joint resolutions, does not apply because H. Res. 983 
is not a bill or joint resolution that may be enacted into law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by H. Res. 
983.

                       FEDERAL MANDATES STATEMENT

    H. Res. 983 contains no unfunded mandates.

                  EARMARKS AND TAX AND TARIFF BENEFITS

    H. Res. 983 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the Rules of the House of 
Representatives.

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d) of rule XIII of the Rules of the 
House of Representatives, the Committee is unable to estimate 
the costs of implementing the resolution. The Congressional 
Budget Office did not provide a cost estimate for the 
resolution.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that H. Res. 983 
would result in no new budget authority, entitlement authority, 
or tax expenditures or revenues.

                      SECTION-BY-SECTION ANALYSIS

    H. Res. 983 requests the President, and directs the 
Secretary of Health and Human Services, to transmit to the 
House of Representatives, not later than 14 days after the date 
of the adoption of this resolution, copies of each portion of 
any document, record, or communication (including telephone and 
electronic mail records, logs and calendars, and records of 
internal discussions) in the possession of the President or 
Secretary, respectively, referring or relating to--
          (1) any written or verbal agreement that--
                  (A) relates to any of the following bills in 
                the 111th Congress (or any proposed change 
                thereto): H.R. 3200, H.R. 3590, H.R. 3961, H.R. 
                3962, S. 1679, or S. 1796; and
                  (B) is entered into on or after January 20, 
                2009, between an individual serving in an 
                office or position in the White House or the 
                Department of Health and Human Services and any 
                other person;
          (2) negotiations relating to an agreement described 
        in paragraph (1), the name or title of any individual 
        described in paragraph (1)(B) who participated in 
        decisionmaking during such negotiations, the date of 
        any meeting held as part of such negotiations, or the 
        identity of any participant in any such meeting;
          (3) any such negotiations with the Advanced Medical 
        Technology Association, the American Medical 
        Association, America's Health Insurance Plans, the 
        Pharmaceutical Research and Manufacturers of America, 
        the American Hospital Association, or the Service 
        Employees International Union regarding decreasing by 
        1.5 percentage points the annual health care spending 
        growth rate or policy proposals to accomplish this 
        goal; or
          (4) implementation of an agreement described in 
        paragraph (1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, the Committee states that this 
resolution does not change any existing federal statute.

                                  
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