The Secretary may from time to time make r.uch pro- 
visions or. he shall deem appropriate authorizing 
the performance of any of the functions transferred 
to him by the provisions of this reorganization 
plan by any officer, employee, or agency of the 
Public Health Service or of the Department of Health, 
Education, and Welfare." 
91. Upon information and belief the authority vested in 
the Surgeon General by Section 301 of the Public Health Service 
Act has been rcdelegated to the Director of NIH in accordance 
with Reorganization Plan Ho. 3 of 1966. 
92. Recombinant B1JA research constitutes "research projects" 
v/ithin the meaning of that term as used in Section 301(c) of the 
Public Health Service Act. 
93. The Recombinant DNA Research Guidelines constitute 
"such additional means as he [Director of NIh] deems necessary 
or appropriate to carry out the purposes of this section" within 
the meaning of that phrase as used in Section 301(h) of the 
Public Health Service Act. 
94. In the funding of recombinant DNA research and in the 
development and promulgation of the Recombinant DMA Research 
Guidelines, the defendants have violated and disregarded the 
decisionmaking processes required by Section 301 of the Public 
Health Service Act, in that defendants have, among other things, 
A. Upon information and belief, defendants have 
neither sought nor received from the Rational Advisory 
Health Council the recommendations required by subsections 
(c) and (h) of Section 301 of the Public Health Service 
Act, v/ith respect to making grants-in-aid for recombinant 
DNA research and promulgating the Recombinant DMA Research 
Guidelines which govern the conduct of such research. 
B. Upon information and belief, defendants have 
neither sought nor received from the National Cancer 
Advisory Board, the recommendations required by subsections 
(c) and (h) of section 301 of the Public Health Service Act, 
33 
[B-35] 
