45890 Federal Register / Vol. 52. No. 231 / Wednesday, December 2, 1987 / Rules and Regulations

18776

18328

101-6.1007 Agency procedures for establishing advisory committees.

(iii) A description of the agency's plan
to attain balanced membership. For
purposes of attaining balance, agencies
shall consider for membership
interested persons and groups with
professional or personal qualifications
or experience to contribute to the
functions and tasks to be performed.
This should be construed neither to limit
the participation, nor compel the
selection of any particular individual or
group to obtain divergent points of view
that are relevant to the business of the
advisory committee.

Federal Register / Vol. 52. No. 98/ Tuesday, May 19, 1987 / Proposed Rules

101-8.1007 Agency procedures for
establishing advisory committees.

(ii) A description of the agency's plan'
to attain balanced membership. For
purposes of obtaining balanca, agencies
shall consider for membership
interested persons and groups with
professional or personal qualifications
or experience to contribute to the
functions and tasks to be performed.
This shall not be construed to limit the
participation of any individual where
such participation is necessary to obtain
divergent points of view that are

relevant to the business of the advisory
committes.

Federal Register / Vol. 48, No. 83 / Thursday, April 28, 1983 / Rules and Regulations

$101-8.1007 How does an agency head
establish an advisory committee?

(iii) A description of the agency's plan
to attain balanced membership. For
purposes of obtaining balance, agencies
shall consider for membership a cross-
section of interested persons and groups
with demonstrated professional or
personal qualifications or experience to
contribute to the functions and tasks to
be performed. This shall not be
construed to limit the participation of
any individual where such participation
is necessary to obtain divergent points
of view that are relevant to the business
of the advisory committee. The letter
shall be accompanied by two copies of
•he proposed charter.

The Department of Transportation has reviewed the
Notice of Proposed Rulemaking on Federal Advisory
Committee Management (52 F.R. 18774). I am pleased
that the General Services Administration has responded
to agency concerns by eliminating the provisions of
the Interim Rule which were controversial and difficult
to administer. I am confident that the final rule, as
proposed, will be a very workable regulation.

The Department has one recommended revision to
Subsection 101-6.1007 (b) (2) (iii). It is suggested
that the provision concerning divergent points of
view be revised as follows:

"...This shall be construed neither to limit
the participation nor compel the selection of
any individual in order to obtain divergent
points of view that are relevant to the
business of the advisory committee."

This change is recommended to diminish the threats of
lawsuits by special interest groups or individuals who
maintain they are required to be included in the
membership of an advisory committee solely by virtue
of their points of view.

Thank you for your letter regarding the activities of the Presidential Commission on the HIV Epidemic. I appreciate your concern, and anything your Committee can do to help the performance of similar commissions will be helpful.

I have been very careful to avoid discussing with anyone the events surrounding my resignation from the Presidential Commission. Anything I might have said would only provide fuel to prolong the recording of the problems with the Commission. I feel strongly that a maximum effort is necessary to fight this epidemic. The Commission needs a chance to do its best to advise the President.

It was one of the greatest disappointments of my life to have to resign. After months of trying, I felt I had no other choice. And now, I would like to avoid any further discussion and wish the Commission success in the future.

I have one recommendation to make regarding appointment of a commission such as this. It would be helpful if the Chairman could be more involved in selecting the members of the commission, such that a cohesive group could be formed.

I would like to commend the support I received from Secretary Otis Bowen's office, from the Public Health Service, and from the Center for Disease Control.

Thank you again for your letter. I am sorry I have not been of more help and will be grateful for your understanding.

Sincerely,

W.E. Mayberry

W. E. Mayberry

WEM:bb

Established in 1919 by Dr. William J. Mayo and Dr. Charles H. Mayo
for the advancement of medical education and research

I am in receipt of your request, dated November 6, 1987, to assist the Committee on
Governmental Affairs of the United States Senate, which you chair, with a project involving the
Presidential Commission on the Human Immunodeficiency Virus (HIV) Epidemic.

It is my understanding that, in general, the Committee is reviewing the adequacy of the Federal
Advisory Committee Act to see if certain provisions need more clarification, as well as focusing on
the President's Commission on the HIV Epidemic as a specific example. My comments then will
reflect my experience as a former member of the Presidential Commission on the HIV Epidemic
in relationship to this Act.

The Federal Advisory Act outlines some very broad and general guidance to committees
formulated under this law, such as, they must have a clearly defined purpose, require membership
which is fairly balanced, not be inappropriately influenced by the appointing authority, and contain
provisions which will assure the advisory committee adequate staff. Although these concepts
provide peripheral guidance to an advisory committee, they do not provide definitive oversight on
the management of such committees. It would have been helpful to me, as a member of a
Presidential commission, to have had an outline of the relevant provisions within the Act, perhaps
in the form of a handbook that would describe the role of a Presidential commission, including
answers to some of the common questions about how the group could subdivide the task
involved, appointment of officers within the commission, travel and reimbursement guidelines,
and perhaps common "pitfalls" to be avoided. It would have also been quite helpful to know the
full range of options available to a commission in achieving its mandate or in lieu of such a list, a
description of those options that are specifically unavailable for a commission to use. Such items
should include:

⚫ the dependence and/or independence a commission should have with respect to the
relevant federal agencies,

⚫ the ability or lack thereof to "subcontract" specific tasks to private consulting firms or to
universities,

• definitions of public meetings vs. private working sessions.

"The health of the people is really the foundation upon which all their happiness and all their powers as a state depend."

--Disraeli