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The Honorable John Glenn
November 30, 1987
Page 2

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
November 30, 1987
Page 3

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.

Sincerely,

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WOODROW A. MYERS, JR., M.D.
STATE HEALTH COMMISSIONER
INDIANA STATE BOARD OF HEALTH

WAM/dw

PRESIDENTIAL COMMISSION ON THE HUMAN IMMUNODEFICIENCY VIRUS EPIDEMIC 655 15th Street NW, Suite 901, Washington, D.C. 20005 (202) 245-2437

MAN

Admiral James D. Watkins (Ret.)

JAN 1988

The Honorable John Glenn
United States Senate
Washington, D.C. 20510

Dear Senator Glenn:

I hope the recent holiday season afforded you a much deserved
break from the Washington grind.

As a follow-up to my testimony before the Senate Governmental
Affairs Committee on December 3, 1987, I wanted to take this
opportunity to thank you for the many courtesies which were
extended to me that day, and also to let you know of my
actions to address the concerns raised by representatives
of the General Accounting Office (GAO) at the same hearing.

After reviewing more carefully the testimony of the GAO, I
instructed my staff to improve proper Commission operation
under the Federal Advisory Committee Act.

The following is a very brief summary of the issues raised
by GAO and our corrective action.

1.

2.

Maintaining documents for public inspection and copying.
Although the GAO stated its tests in this area were
inconclusive, we have since established a public
information area, which is easily accessible and
contains copies of the hearing agenda, witness
testimony, Commissioner briefing materials, minutes
and transcripts of each hearing.

Prompt certification of Commission minutes.

As an outside reporting service prepares the Commission
minutes, we have worked with them to assure prompt
preparation and certification of minutes. Minutes will
be prepared within five working days, and will be
certified no later than 10 working days after their
receipt at the Commission.

Page 2 The Honorable John Glenn

3.

4.

Timely publication in the FEDERAL REGISTER of public
meeting notices.

Although most of the instances cited did not occur under
the tenure of my chairmanship, these delays should not
be a problem again as the Commission has now established
a year-long schedule. This working plan should cut down
on the short range scheduling conflicts faced by
Commissioners in the past. We will meet the 15-day
requirement in the future.

Proper maintenance of Commission personnel records.
I believe the records referred to by the GAO were, at
the time of the hearing, being maintained at the
Department of Health and Human Services, according to
GSA regulations. Copies of these records are now
maintained at the Commission.

Again, I found your hearing to be of great assistance in improving the operation of the Commission. 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. Watkins

Admiral, U.S. Navy (Retired)

Commissioners

Rossyln Kleeman, General

Accounting Office

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Preliminary Injunction, the opposition thereto, and the record herein and for the reasons stated in the accompanying memorandum, 16 day of December, 1987

it is by the Court this

ORDERED that plaintiffs' motion be, and hereby is,

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