89–008 

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 RepVerDate Nov 24 2008 04:41 Jan 30, 2010 Jkt 089008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR408.XXX HR408

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resentatives, 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 


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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. 


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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). 


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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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