Congressman Fred Upton, a senior Republican on the House Energy and Commerce Committee, is demanding answers from Health and Human Services (HHS) Secretary Kathleen Sebelius following reports that HHS has spent upwards of $3 million in advertisements promoting the health overhaul.  Upton last week expressed grave concern that the advertisements are skewed toward specific demographic groups and regions of the country to influence targeted congressional campaigns, rather than inform America's seniors. 

In his October 15th letter to Secretary Sebelius, Upton writes, "These advertisements go above and beyond the scope of being purely informational, appearing as a desperate attempt to simply prop up endangered candidates for supporting an unpopular law during the general election season."

Upton continued, "It is my belief that these advertisements violate both the letter and the spirit of this regulation. At a time when most Americans are looking for greater transparency and accountability in their government, such a breach of their trust is unconscionable."

Upton is specifically seeking information from HHS on the following:

        1. An exact budget outlining taxpayer expenditures on these specific advertisements;

        2. A list of consultants, vendors and other outside firms used in the creation, purchase 
            and implementation of the advertisements;

        3. A copy of all e-mails and other written communication relating to the advertising 
            campaign; and

        4. An account of the specific media markets where the advertisements are being
            run, including a justification on why those specific markets were chosen.

Upton noted that the ads could be in violation of Division D, Section 720 of Public Law 111-8, the Omnibus Appropriations Act of 2009, which specifically states:

Sec. 720.  No part of any appropriation contained in this or any other Act shall be  used directly or indirectly, including by private contractor, for publicity or  propaganda purposes within the United States not heretofor authorized by the Congress.

A full copy of Upton's letter can be read here.