V. AS AND FOR PLAINTIFF’S THIRD CLAIM 
41. Plaintiff repeats and realleges each and every 
allegation set forth in Paragraphs 1 through 40 with the same 
effect as though herein fully set forth. 
42. In or about September, 1976, the Secretary of DREW, 
with the approval of the President of the United States, 
convened the "Interagency Committee on Recombinant DNA Research." 
Dr. Donald S. Fredrickson, Director of the NIH and a defendant 
herein, serves as chairman of this Committee at the request of 
the Secretary of DHE17. 
43* The mandate of the Committee, as stated in its 
Interim Report, dated March 15, 1977, is to 
"(1) review the nature and scope of Federal- and 
private-sector activities relating to 
recombinant DNA research; 
(2) determine the extent to which the NIH 
Guidelines may currently be applied to 
research in the public and private sectors; 
(3) recommend, if appropriate, legislative or 
executive actions necessary to ensure 
compliance with the standards set for this 
research; and 
(4) provide for the full communication and 
necessary exchange of information on 
recombinant-DNA-researc'n programs and 
activities throughout the Federal sector." 
44. The Interagency Committee, in its Interim Report, 
dated March 15, 1977, made proposals to the Secretary of DHEV7 
for recommended legislation. 
45. Proposed legislation incorporating these recommenda- 
tions was drafted by the Department of Health, Education, and 
Y/elfare, entitled "A Bill to regulate activities involving 
recombinant deoxyribonucleic acid, "and transmitted to the 
Congress of the United States by Joseph A. Califano, Jr., 
Secretary of the DREW and a defendant herein, on April 4, 1977. 
46. The proposed legislation initially incorporates the 
NIH Recombinant DNA Research Guidelines, and in addition has 
20 
[B-22] 
