Executive Order Advisory Committee on Human Radiation Experiments

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Office cf the Press Secretary For Immediate Release By the authority vested in me as President by the Ccastitution and the laws of the United States of America, :t is hereby ordered as follows: an Advisory Comntttee or: Human Radiation Experiments (the snail be composed of not more than 15 members to be appointed or designated by the President. The Advisory Committee shali comply with the Federal Advisory Committee ACE, as amended, the members of the Advisory Committee. The President shall designate a Chairperson from among Srr. 2. Functions . (a) There has been established a iiuman Radiazion Interagency Working Group, the members of which include the Secreta-y of Enerw, :he Secretary of Defense, zne Secretary of Health ana Human Se-vices, the Secretary of Veterans Affairs, the Attorzey General, the Administrator of :he National Aeronautics a d Space Administration, the Director of Central Intelligence, and the Directrr of the Office of ?:ar,agemenc and Budget. As set fzrth ir: paragraph (b) of this section, the Advisory Commirzee shall provide to the Human Radiation Interagency Working Group advice and recommendations on the erhical and scientific srandaras applicable t o human radiation experiments carr2ed out or sponsored by the United States Governmenz. As used herein. "human radiation (1) experiments on individuals involving intentional exposure to ionizing radiation. This category does not include common and routine clinical practices, such as established diasnosis and treatment methods, invoiving incidental exposures to ionizing radiation; releases of radiaricn chat ( A ) were designed to (B) were designed :c tesz zke extent cf human exposure to ionizing radiazioz.

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(1) the experimen: iato the atmospheric diffusior. of referred to as "the Green Run res'L," by the former Atomic EnerD Commission (AX) ana the Air Force in Dec emer 1949 a: tne Xaczord Reservcilon I n Rickland, ( 2 ) t w o radiation warfare field experiments Conducted at the AEC's Oak Ridge cffice in 1948 iqvolving gamma radiation released from non-bomb poin: sources at or near ground level; ( 3 ) six tests conducted during 1949-1952 of radiation warfare ballistic dispersal devices containing radioactive agenrs at the U.S. Army's Dugway, Utah, at Los Alamos, New Mexico; and ( 5 ) any other similar experiment that may later be identified by the Human Radiation Interagency Working The Advisory Committee shall review experiments conducted from ::4; to May 30, 1974. Human radiation experiments undertaken i. .:- May 30, 1974, the date of issuance of the Department of Prcreczion of Human Subjects (45 C.F.R. 4 6 ) ' may be sampled to deternine whether further inquiry into experiments is warranted Furzher inquiry into experiments condacted after May 3 0 , 1974, may be pursuea if the Advisory Committee determines, with the concurrence of the Human Radiation Interagency Working Group, that such inquiry is warranted. (b)(1) The Advisory Committee shall determine the ethical and scientific standards ana criteria by which it shall evaluate human radiation experiments, as set forth in paragraph ( a ) cf this section. The Advisory Comnittet shall consider wnerher ( A ) there was a clear medicai or scientific purpose for the experiments; (E) appropriate medical follow-up was conducted; ana (2) the experiments' design and administration adequateiy met the ethical and scientific Standards, including standards cf informed consenr, that prevailed at the time of the experiments ana =hat exist today. ( 2 ) The Advisory Committee shall evaluate the extent t o which humar, ra a i a tim experiments were consistent with applicable ethical and scientific standards as determined by the Committee pursuant to paragraph (b)(1) of this section. i f deemed necessary fcr such iin assessmen:. the Committee may carry oEt a detailed review of experiments and associated records tc the exfent permitted by Law. 15 required to protec: t h e health of indiv'iduals who were subjects of a human radiaticn experiment, == their aesccz5ants. =he Advisory CsmE1:tee may recommend t 3 the Eumar, ;az::calaz subjeccs cf a n experizer:, z r their descendants, cf

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( 4 ) The Advisory Committee may recommend further policies, as needed, to ensure compliance w;tn recommended ethicai ana scientific standards f o r human raaiacicn experiments. ( 5 ) The Advisory Committee may carry out sucn additional functions as the Human Radiacion Interagency Working Group may from time to time request. departments and agencies shall, to the extent permitted by law, provide the Advisory Committee with such information as it may require for purposes of carrying out its functions. in accordance with Federal law. Committee members may be allowed travel expenses, includinb per diem in lieu of subsistence, to the extent permitt,cd,by law for persons serving intermittently in the government service ( 5 U.S.C. 5701-5707). (c) To the extent permitted by law, and subject to :he availability of appropriations, :he Department of Energy shall provide the Advisory Committee with such funds as may be necessary f o r the performance of its fxncticns. provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act that are applicable to the Advisory Committee, except that of reporting annually K O the Congress, shall be performed by the Human Radiation Interagency Working Group, in accordance with the guidelines and procedures established by the Administratcr of (b) Members of the Advisory Committee shall be compensated (b) The Advisory Committee shall terminate 30 days after submit:ing its final repor: to the Human Radiation Interagency manaoernezz of the execx:Tive branch ana i: IS not intended to create any right, Senefiz, zrus;. cr respcnsibility, substanc-ve or procedural, enforceable ac law c r equity by a party acrainst the Ucited States, its agencies. i r s cfficers, or any persor.. (c) This order is intended cnly to improve the internal