The NIRS letter dated 30 August appears to be saying that the National Academy of Sciences (NAS) has violated the Federal Advisory Committee Act (FACA) in selecting panel members. My understanding of the Federal Advisory Committee Act {5 U.S.C. App. (1988), enacted 6 October 1972, by Public Law No. 92-463, 86 Stat. 770} is that it only regulates the formation and operation of advisory committees by federal agencies in the Executive Branch.
I may just be a legal illiterate, but the FACA does not appear to regulate private non-profits. To my understanding, the NAS was established by Congress in 1863 as an independent, nonprofit, non-governmental body, to advise the Legislative and Executive Branches of government. Just where are these legal lobbyists coming from?
Of course these are my own personal opinions, and do not necessarily reflect those of my agency.
Michael D. Brooks, CHP
CDC/ATSDR
Health Physicist
Division of Health Assessment and Consultation
Federal Facilities Assessment Branch
1600 Clifton Rd (E-56)
Atlanta, Georgia 30333
(404) 639-6053, fax 6075
Email: mdb7@cdc.gov