I am in receipt of your request, dated November 6, 1987, to assist the Committee on It is my understanding that, in general, the Committee is reviewing the adequacy of the Federal The Federal Advisory Act outlines some very broad and general guidance to committees ⚫ the dependence and/or independence a commission should have with respect to the ⚫ the ability or lack thereof to "subcontract" specific tasks to private consulting firms or to "The health of the people is really the foundation upon which all their happiness and all their powers as a state depend." --Disraeli The Honorable John Glenn Some of my experiences on the Commission, as outlined below, might explain why I believe such guidance is important. I found that I was under consideration for an appointment approximately two weeks prior to the date the President announced the membership of the Commission. The first contact I had with other commission members took place on the White House grounds on the day of the President's announcement. There was a great deal of secrecy within the White House on who was to be appointed and, as a consequence, we knew little about each other prior to the first hastily put together gathering. I do not feel it would have been a breach of any security arrangements for commission members to have been briefed, even by telephone, on who the fellow commission members were and the essentials of their backgrounds. After the initial meeting, I communicated regularly with the chairman, Dr. Mayberry, who subsequently asked me to consider the assignment of vice-chairman. Dr. Mayberry, in that role, asked me to concentrate on the Commission's relationship with legislative bodies, such as yours, and the House of Representatives, and to work closely with him on the issues of staffing. I accepted this assignment, not knowing at the time I accepted that there would be resentment of my appointment amongst several members of the Commission. In retrospect, it would have been helpful if those White House officials responsible for bringing us together at the initial meeting would have briefed us on the role of the chairman vis-a-vis the other members of the Commission. I believe that Dr. Mayberry's task would have been made much easier if commission members had been told of his specific powers and responsibilities in his role as chairman, including the appointment of committees, setting the agenda, delegating responsibilities to the staff, determining what constituted reimbursable expenses and settling disputes between commission members. In the absence of such "empowerment" of the chairman by the President or his representatives, these issues are unnecessarily left unresolved. If one chooses commission members whose egos are uninhibited, the issues outlined above can quickly become problems, and will certainly delay meaningful dialogue on solving the questions within the executive order. In my opinion, this is precisely what occurred with respect to the President's Commission on the HIV Epidemic. Senator Glenn, you have asked how best to achieve the mandate of "balancing". The law specifies that various points of view be represented, but it does not specify what "weight" those points of view that are not concordant with mainstream thinking should be given. Active "balancing" would require that a thorough review of the written and stated opinions of the incividuals under consideration would occur. I have no way of knowing whether such an investigation was completed prior to the President's announcement of July 24th appointing the Commission. In my discussions with White House staff, after being told I was under consideration, no questions were asked concerning my attitudes, beliefs or "points of view". However, in that I am a public official, frequently in contact with employees of the Department of Health and Human Services, it is possible that enough information was obtained without a specific request of me to provide this information. I have no knowledge of whether or not an evaluation was made of any other commission members to determine their points of view such that the portion of the law requiring "balancing" could have been met. In your letter, you have asked my opinion on the Commission's ability to fulfill its task, since "two commission seats remain unfilled, and the deadlines for submitting the Commission's interim and final reports are fast approaching". As you are now aware, since your letter two additional members have been appointed to fill the seats vacated by Dr. Mayberry's and my resignation. The Honorable John Glenn know both of the individuals who have been appointed, and both are quite knowledgeable in virtually all areas of importance in the epidemic. Mr. Chairman, I would be negligent if I did not point out to you and members of your committee individuals who are truly dedicated public servants, who continue to serve this country well in the midst of its most serious public health threat of this century. The list is long, but it certainly includes Dr. C. Everett Koop, Surgeon General, Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Diseases and Dr. Jim Curran, AIDS Coordinator for the Centers for Disease Control. During my membership on the Commission, these men proved that the United States, when it has the will, is second to none in solving very difficult problems. These men deserve the support of the United States Congress in accomplishing a mission unprecedented in the nation's history. Senator Glenn, although I did not have the opportunity to meet you as a member of the Commission, I certainly gained appreciation for a number of your colleagues who care very deeply about the health of the American people, and demonstrated their concern by providing testimony before the President's Commission on the HIV Epidemic earlier this fall. In the United States Senate, we heard from Senators Kennedy, Weicker, Dole and Danforth. Prior to that meeting, Dr. Mayberry and I met with one of your colleagues, the Honorable Lawton Chiles of Florida, who expressed his support for the Commission and provided helpful suggestions. Having had the opportunity to work with and hear the views of these individuals, I am reassured that our system of checks and balances within government serves to enhance rather than to inhibit the work of this country with its most serious public health threat. If there are ways that I might be of further help to your committee, please do not hesitate to ask. PRESIDENTIAL COMMISSION ON THE HUMAN IMMUNODEFICIENCY VIRUS EPIDEMIC 655 15th Street NW, Suite 901, Washington, D.C. 20005 (202) 245-2437 RMAN Admiral James D. Watkins (Ret.) JAN II 1988 The Honorable John Glenn Dear Senator Glenn: I hope the recent holiday season afforded you a much deserved As a follow-up to my testimony before the Senate Governmental After reviewing more carefully the testimony of the GAO, I The following is a very brief summary of the issues raised 1. 2. Maintaining documents for public inspection and copying. Prompt certification of Commission minutes. As an outside reporting service prepares the Commission Proder Maintenance of Commission personnel records. Again, I found your hearing to be of great assistance in improving the operation of the Cow SSLOT. If you feel the need for clarification of any of the points I have raised, I would certainly be glad to respond. Also, for your information, I have enclosed a copy of the preliminary decision issued by Judge Gasch regarding the Commission's composition and other related issues under the Federal Advisory Committee Act. Sincerely, Enclosure cc: James D. Matkins Admiral, C.S. Navy (Retired) Commissioners Rossyin Kleeman, General Accounting Office |