January 23, 1978 
The Honorable Judge John Lewis Smith, Jr. 
U.S. District Court for the District of Columbia 
Washington, D.C. 20001 ^ ^ L E D 
JAW 23 irrffi 
RE: Civil Case No. 77-0016; JAMES f. DAVEV, Clerk 
Ferdinand J. Mack, Jr. vs. Joseph A. Califano, Jr. et al. 
YOUR HONOR: 
In keening with my comments of concern, as related in my letter to you 
of January 12, 1978, and as expressed in open Court on January 13, 1978, 
I, Naum S. Bars, am prompted respectfully, once again, to hereby express 
my concern over ... still another deceiving entry in the record of Court 
by seemingly misinformed attorneys for the defendants in this case. 
As you know, at first, I was prompted by an entry of December 30, 1977, 
in which attorneys for the defendants quoted from a Supreme Court decision 
that ... "THE ONLY ROLE FOR A COURT IS TO ENSURE THAT AN AGENCY HAS TAKEN 
A "HARD LOOK" AT THE ENVIRONMENTAL CONSEQUENCES OF ITS ACTIONS." ... 
My comment in open Court to that quotation was that NO SUCH "HARD LOOK" 
MAY BE CLAIMED BY THE DEFENDANTS SINCE NEITHER PRESENT NIH GUIDELINES NOR 
THEIR PRESENT ENVIRONMENTAL IMPACT STATEMENT EVEN MENTION SUCH ESSENTIAL 
SAFETY "HARD LOOKERS" AS A SAFETY MANAGER AND A SAFETY OFFICER. 
Now, suddenly, in t heir entry of January 17. 1978., the defendants 1 latest 
groun of attorneys state that ... "THE TECHNICIANS WHO CONDUCT THE INDIVI- 
DUAL MANIPULATIONS WILL BE WELL TRAINED AND UNDER THE SURVEILLANCE OF A 
"SAFETY OFFICER" ... The fact remains, however, that NO SUCH POSITION OF 
RESPONSIBILITY HAS BEEN INCLUDED YET IN EITHER THE NIH GUIDELINES OR IN 
THEIR ENVIRONMENTAL IMPACT STATEMENT ... TO SAY NOTHYIjG^ABOUT__TIffl_STILL 
UNFULFILLED NIH REQUIREMENT FOR THE APPOINTMENT OF A SAFETY MA NAGER OVER 
THEIR HIGH CONTAINMENT FACILITIES AT 
[Appendix 
Respectfully submitted. 
Naum S. Bers, Ph.D. 
P.0. Box 1692 
Rockville, Maryland 20850 
C— 183] 
