IX. AS AND Foil PLAINTIFF'S SEVENTH CLAIM 
100. Plaintifl repeats and realleges each and every 
allegation sot forth in Paragraphs 1 through AO and 55 through 
99 with the sane effect as though herein fully set forth and 
repeated. 
101. Section 5 of the Federal Advisory Committee Act, 
5 U.S.C. App. I §5, provides 
"(b) In considering legislation establishing, 
or authorizing the establishment of any advisory 
committee, each standing committee of the Senate 
and of the House of Representatives shall deter- 
mine, and report such determination to the Sen- 
ate or to the House of Representatives, as the 
case may be, whether the functions of the pro- 
posed advisory committee are being or could be 
performed by one or more agencies or by an 
advisory committee already in existence, or by 
enlarging the mandate of an existing advisory 
committee. Any such legislation shall — 
(1) contain a clearly defined purpose for the 
advisory committee ; 
(2) require the membership of the advisory 
committee to be fairly balanced in terms of 
the points of view represented and the 
functions to be performed by the advisory 
committee ; 
(3) contain appropriate provisions to assure 
that the advice and recommendations of the 
advisory committee will not be inappropriately 
influenced by the appointing authority or by 
any special interest, but will instead be the 
result of the advisory committee's independent 
judgment ; 
* * $ 
(c) To the extent they are applicable, the 
guidelines set out in subsection (b) of this 
section shall be followed by the President, 
agency heads, or other Federal officials in 
creating an advisory committee." 
102. On or about September 2A, 1976, the Secretary of the 
Department of Health, Education, and Welfare, a defendant herein, 
approved the revised Charter of the Recombinant DNA Molecule 
Advisory Committee. 
103. Upon information and belief the said Committee has 
sixteen members appointed by the defendants herein. 
35 
CB-37] 
