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To require the Secretary of Energy to report on certain radiation experiments, and for other purposes. Coininittee on Energy and Commerce To require the Secretary of Energy to report on certain radiation experiments, and for other purposes. B e it enacted by tlw Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Radiation Experimentation Victims Act of 1994”. SEC. 2. REPORT ON CERTAIN RADIATION EXPERIMENTS. Not later than 1 year after the date of the enactment of this Act, the Secretary of Energy shall submit to the Congress a report on all experiments that e,xposed individuals to radiation and were conducted or funded (in whole
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or in part) by the Department of Energy, the Atomic Energy Commission, or the Energy Research and Development Administration. The report shall include the (1) A statement of the number of such radiation experiments that, in the determination of the Secretary, provided no therapeutic or medical benefit to the individuals who were the subjects of such ex- (2) An explanation of the nature of each such (3) For each such experiment, a statement of the number of individuals who were the subject of (4) A statement of the extent to which the Sec- (A) notified each individual who was the subject of any such experiment of the nature of the experiment; and (B) provided to each such individual medical information on possible adverse effects on the individual as a result of participation in the experiment, available treatments for such effects, and likely sources of such treatment.
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1 SEC. 3. PLAN FOR CONDUCT OF HEALTH STUDIES. 2 The Secretary of Energy shall, after consulting with 3 the Secretary of Health and Human Services, develop a 4 plan to conduct appropriate studies of the long-term 5 health effects of the experiments described in section 1 6 on the individuals referred to in such section and on the 7 natural children of such individuals. 8 SEC. 4. RECOMMENDATIONS FOR COMPENSATION. 9 (a) INGENERAL.-Not later than 6 months after the 10 date of the enactment of this Act, the Secretary of Energy 11 shall submit to the Congress the Secretary’s recommenda12 tions regarding the appropriate compensation, if any, for 14 (1)An individual described in section 1 who has 15 contracted a disease which is related to exposure to 16 radiation. The Secretary shall make recommenda17 tions regarding whether compensation is appropriate 18 in the case of anj7 such individual if a causal rela19 tionship between the contract of the disease and the 20 individual’s participation in an experiment referred 21 to in section 1 cannot be established. (2) The natural child of an individual referred to in paragraph (1) if the natural child has contracted a disease which is related to exposure to radiation. The Secretary shall make recommendations regarding whether compensation is appropriate in
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the case of any such natural child if a causal relationship between the contract of the disease and the participation of the natural child’s parent in an experiment referred to in section 1 cannot be estab- (3) An individual who, in the determination of the Secretary, othenyise has been wronged by the conduct of an experiment referred to in section 1. consult with the Attorney General and the Assistant Secretary of Energy for Environment, Safety and Health in preparing the recommendations required by subsection