VIII. AS ADD ron PLAINTIFF '3 SIXTH CLAIM 
88. Plaintiff repeats and realleges each and every 
allegation act forth in Paragraphs 1 through 40 and 55 through 
87 with the same effect as though herein fully set forth and 
repeated. 
89. Section 301 of the Public Health Service Act, (original 
version at P.L. 73-410, 53 Stat. 691) 42 U.S.C. §241, provides: 
"The Surgeon General shall conduct in the Service, 
and encourage, cooperate with, and render assistance 
to other appropriate public authorities, scientific 
institutions, and scientists in the conduct of, and 
promote the coordination of research, investigations, 
experiments, demonstrations, and studies relating to 
the causes, diagnosis, treatment, control, and 
prevention of physical and mental diseases and im- 
pairments of man, including water purification, 
sewage treatment, and pollution of lakes and streams. 
In carrying out the foregoing the Surgeon General is 
authorized to - 
....(c) Make grants-in-aid to universities, hospitals, 
laboratories, and other public or private institutions, 
and to individuals for such research projects as are 
recommended by the National Advisory Health Council, 
or with respect to cancer, recommended by the National 
Cancer Advisory Board 
....(h) Adopt, upon recommendation of the National 
Advisory Health Council, or, with respect to cancer, 
upon recommendation of the National Cancer Advisory 
Board,...., such additional means as he deems 
necessary or appropriate to carry out the purposes 
of this section." 
90. Effective on June 25, 1966, Reorganization Plan No. 3 
of 1966, 31 Fed. Reg. 3355, 80 Stat. 1610, provides: 
"Section 1. Transfer of functions. 
(a) Except as otherwise provided in subsection (b) of 
this section, there are hereby transferred to the 
Secretary of Health. Education, and Welfare (herein- 
after referred to as the Secretary) all functions of 
the Public Health Service, of the Surgeon General of 
the Public Health Service, and of all other officers 
and employees of the Public Health Service, and all 
functions of all agencies of or in the Public Health 
Service . 
(b) This section shall not apply to the functions 
vested by law in any advisory council, board, or 
committee of or in the Public Health Service which 
is established by law or is required by law to be 
established. 
Section 2 • T'cniTcnncncc 
cJT t none ic cl iunct"* ore • 
32 
I 
[B-34] 
