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Hon. Henry A. Waxman -15- September 27, 1994 



factor in determining grant awards. After each SAB 

 meeting, the Council's scientific staff and I review 

 the SAB'S numerical ratings. We may reduce the amounts 

 of some awards, either as directed by the SAB or in 

 order to permit the funding of additional grants. On 

 rare occasions, we diverge slightly from strict adher- 

 ence to the SAB'S numerical ratings — for example, to 

 improve the balance of the Council's research program 

 among various scientific disciplines. The SAB is fully 

 aware of this procedure, and it is informed of the 

 final funding decisions at each meeting when it ap- 

 proves the minutes of its previous meeting. 



I advised the Subcommittee that the Council has 

 been sued in a number of cases and that no court has made a 

 finding of liability against the Council. After stating 

 that the jury in the Cipollone case had rejected the allega- 

 tions of fraud regarding the Council, I answered "yes" to 

 Congressman Greenwood's question as to whether a court had 

 found for the Council as a defendant. Tr. at 64. That 

 answer was substantially correct, both in that (i) the 

 Cipollone jury rejected allegations of a conspiracy to de- 

 fraud involving the Council and (2) in several cases courts 

 have granted motions for summary judgment dismissing cases 

 brought against the Council. In fact, however, the Council 

 was not a defendant in Cipollone . 



Finally, I wish to make it clear that my testimony 

 about the relationship between tobacco use and health re- 

 flected only my personal views, and not those of the Coun- 

 cil. The Council as a body takes no position on these 

 issues. 



I trust that this letter and the documents and 

 information that are either enclosed with or described in 

 this letter respond adequately to the Subcommittee's ques- 

 tions about the Council. We remain willing to continue to 

 cooperate with the Subcommittee and its staff to address any 

 further inquiries that you may have. 



Respectfully yours, 



Glenn, 

 Enclosures 



