Certificate required by Rule 8 (c) of the General Rules of

the United States Court of Appeals for the District of

Columbia Circuit:

The undersigned, counsel of record for plaintiff-appellant, certifies that the following listed parties have an interest in the outcome of this case. These representations are made in order that judges of this court may evaluate possible disqualification or recusal.

Ralph Nader

William J. Baroody, Jr.

Attorney of Record for Ralph Nader,

Lerry D. Ellimanth

Larry. Ellsworth

2000 P St., N.W., Suite 700 Washington, D.C. 20036

(202) 785-3704

I.

THE BI-WEEKLY CONFERENCES FOR THE PURPOSE OF

OBTAINING ADVICE ON ECONOMIC MATTERS ARE MEETINGS

OF "ADVISORY COMMITTEES" UNDER THE STATUTORY

DEFINITION OF THE TERM

10

II.

THE LEGISLATIVE HISTORY OF SECTION 3(2) SUPPORTS

THE VIEW THAT THE FACA COVERS ALL OUTSIDE GROUPS

USED BY THE EXECUTIVE FOR THE PURPOSE OF SECURING

ADVICE

20

CONCLUSION

ADDENDUM: Federal Advisory Committee Act

36

37

Statutes and Bills, Cont.

Freedom of Information Act, 5 U.S.C. § 552 § 552 (b)

Privacy Act, 5 U.S.C. § 552a

S. 3067, 91st Cong., 2d Sess. (1970)

S. 1637, 92d Cong., 1st Sess. (1971)
S. 1964, 92d Cong., 1st Sess. (1971)
S. 2064, 92d Cong., 1st Sess. (1971)
S. 3529, 92d Cong., 2d Sess. (1972)
S. 5, 94th Cong., 1st Sess. (1975)
H.R. 7390, 85th Cong., 1st Sess. (1957)
H.R. 4383, 92d Cong., 1st Sess. (1971)

Legislative Materials

*S. Rep. No. 92-1098, 92d Cong., 2d Sess. (1972)

H.R. Rep. No. 576, 85th Cong., 1st Sess. (1957)

H.R. Rep. No. 91-1731, 91st Cong., 2d Sess. (1970)

H.R. Rep. No. 92-1017, 92d Cong., 2d Sess. (1972)

103 Cong. Rec. 11251-53 (1957)

103 Cong. Rec. 11260 (1957)

118 Cong. Rec. 30269 (1972)

*Authorities principally relied upon.

Executive Order 11671, 37 Fed. Reg. 11307 (June 7, 1962)

S 4, 38 Fed. Reg. 2306 (Jan. 23, 1973)

BOB/OMB Circular No. A-63

U.S. Consumer Product Safety Comm'n, 3 Public
Calendar (Dec. 12, 1975)

22

22

30-31, 33

15

22, 25, 33

28n