.VI. AS AND FOR PLAINTIFF'S FOURTH CLAIM 
55* Plaintiff repeats and realleges each and every 
allegation set forth in Paragraphs 1 through 37 with the same 
effect as though herein fully set forth and repeated. 
56. Defendants are authorized to promulgate regulations 
governing NIH funded research by the Public Health Service Act, 
42 U.S.C. §§2l6(b) and 242 (m) (b) (1) . 
57. Subsection 4 of section 2 of the Administrative 
Procedure Act, 5 U.S.C. §551(4), provides: 
" 'rule' means the whole or a part of an agency 
statement of general or particular applicability 
and future effect designed to implement, interpret, 
or prescribe law or policy or describing the 
organization, procedure, or practice requirements 
of an agency and includes the approval or 
prescription for the future of rates, wages, 
corporate or financial structures or reorg- 
anizations thereof, prices, facilities, 
appliances, services or allowances therefor 
or of valuations costs, or accounting, or 
practices bearing on any of the foregoing;” 
5S. Subsection 5 of section 2 of the Administrative 
Procedure Act, 5 U.S.C. §551(5), provides: 
"'rule making' means agency process for formu- 
lating, amending, or repealing a rule;" 
59. Section 4 of the Administrative Procedure Act, 
5 U.S.C. §553, provides: 
"(a) This section applies, according to the 
provisions thereof, except to the extent that 
there is involved - 
(1) a military or foreign affairs function 
of the United States; or 
(2) a matter relating to agency management or 
personnel or to public property, loans, grants, 
benefits, or contracts. 
"(b) General notice of proposed rule making 
shall be published in the Federal Register, 
unless persons subject therto are named and 
cither personally served or otherwise have 
actual notice thereof in accordance with lav;. 
The notice shall include - 
(1) a statement of the time, place, and nature 
of public rule making proceedings; 
(2) reference to the legal authority under 
which the rule is proposed; and 
(3) cither the terms or substance of the 
proposed rule or a description of the subjects 
and issues involved. 
24 
[B-26] 
