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B-143181 1 (1975-10-09)

handle is hein.gao/gaobadcuu0001 and id is 1 raw text is: DECISION FILE: B-143181 ~THE COMPTRC%.LER GENERAL . . OF THE UNITED STATES WASHINGTON, D. C. 20548 DATE: OCT 9 1975 -9g34 MATTER OF: National Coirmission for the Protection of Human Subjects of Biomedical and Behavioral Research DIGEST: 1. Since National Commission for Protection of Human Subjects of Biomedical and Behavioral Research must depend on Department of Health, Education, and Welfare (HEW) for funding, it cannot be viewed as wholly independent of HEW. Nevertheless, National Research Act clearly contemplates that Commission will have onsiderable independence of judgient in performing its advisory functions. Thus it was not intended that Ccrmission and its staff be subject to day-to-day supervision of HE1. 2. Although National Comission for Protection of Human Subjects of Biomedical and Behavioral Research has dual function under National Research Act of advising both Secretary of Health, Education, and Welfare (HEW) and Congress, role of assisting HEW is clearly Caw- nission's primary function. Accordingly, CammLission is viewed as established to advise Federal agency within scope of, and therefore subject to, Federal Advisory Camittee Act. This decision is in response to a letter dated April 3, 1975, fran the Chairman, National Carmission for the Protection of Human Subjects of Biomedical and Behavioral Research (hereinafter the Ccmmission), presenting several questions concerning the relation- ship between the Commission and.the Department of Health, Education, and Welfare (HEW), and the applicability of the Federal Advisory CcmLittee Act to the Conission. The Chairman's questions are as follows: 1. Is the Ccan-ission independent and not an agent of the Executive Branch in organizing and operating so as to carry out its Congressional mandate, despite the Secretary of HEW' s ministerial functions of appointing Commissioners and providing a mechanism for Congressional funding of the Camission? - 1

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