Charter; Advisory Committee on Human Radiation Experiments

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Advisory Committee on Human Radiztion Experiments ( t h e Executive Order No. 12891. 3. Obiectives and B c o ~ eof Activities There has been established a Eunzn Radiation Interagency of which include the Secretary of Energy, the Secretary of Defense, the Secretary of Eealth and Huxiian Services, the Secretzry of Veterans Affairs, the Attorney General, the Adcinistrzror of the Nationzl Aeronautics and Space Adriinistration, the Directcr of Central Intelligence, and the Director cf the Office of Xznzgement and Budget. As set forth in sectlor: 4 of this Cherzer, the Advisory Committee shall proLVice to the Interagency working Group advice and recormendations on the ethical end scientific standaras appliczble to Cunzn radiation experiments czrried out o r sponsored by the United States Governaent. A s used herein, (1) Experlnents on individuals irivolving intentional exposure to ionizing rzdiation. This category does not include common and routine clinical practices, such as estabiished diagnosis end treatment methods, involving incidentel exposures to ionizing rzdiztion. releases of radiation thaz ( A ) were designed to test human health effects of ionizing radiation; or (B) were designed to t e s t the exten: of human exposure to Czr.sistent Kith t h e pro\-isions set forth in section 4 cf this Charzer, the Advisory Comr,i=-,tee clso shall provide edvice, infcrzation and reccxnen5ztions on the following

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The experiment into the atnospheric diffusion of radiozctive geses and test of detectebility, commonly referred to as "the Green Run test,'' by the former Atonic Energy Comission (AEC) and the Air Force in December 1949 in Hanford, Washington; Two radiation warfare field experiments conducted a t the A E C ' s Czk Ridge office in 1 9 4 8 involving gamma radiation released from non-bomb point sources at or near ground level; Six tests Conducted during 1949-1952 of radiation warfare ballistic dispersal devices containing Four atnospheric radiation-tracking tests in 1950 at Los Alzmos, N e w Mexico; and Any other similar experiments which may later be identified by the Interagency Working Group. Advisory Connittee shall review experiments conducted from 1944 to Kay 30, 1974. Human radiztion experiments undertaken z f terM z ~30, 1974, the date of issuance of the Department of Health, Education and Welfare Regulations for the Protection of Eunan Subjects ( 4 5 C.F.R. 4 6 ) , may be sanpled to determine b'hether further inquiry into experiments is varranted. Further inquiry into experiments conducted after Kay 30, 1974, may be pursued if the Advisory Comittee detercines, with the concurrence of the Interagency Working Group, that such inquiry is warranted. 4 . Description of Duties for Which The duties of the Advisory Comittee are solely advisory and a . The Advisory Comit tee shall deterr,ine the ethical and scientific stanazrds and criteria by which it shall evaluate huaan radiation experiments, as set forth in section 3 of this Charter. The Advisory Committee shall consider whether (A) there xas a clear medical or scientific purpose f o r the experiments; (B) appropriate expericents' design and adzinistration adequazely met the ethical and scientific s-,andaras, including standards of informed consent, that prevailed zt t h e tine cf the ex?erinents End t k e t exis-, today.

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b. The Advisory cornittee shall evzluite the exzent t o which huzan radiation experiments were consistent with appliczble ethic zl end scientific standards as deterzined by the Cormittee pursuant to paragrzph ( a ) of this secrion. If deemed necesszry f o r such.en assessnent, the Advisory Committee nay carry outa dezziled review of experiments and essociated records to t h e extent permitted by law. c. If required to protect the health of individuels who were subjects of a human radiation experiment, or their a esc end z nts, the Advisory Committee may recommend t o the Interagency Working Group that an agency notify particular subjects of an experiment, or their descendants, of any potential health risk o r the need The Advisory Committee nay recommend further policies, as needed, t o ensure compliance with recommended ethicel and scientific standards for human radiation e . The Advisory Committee may carryout such additional functions as the Interagency Working Group nay from tine to time request. T.ie Aavisory Cornittee shall report to t h e Interagency The Aavisory Connittee shall submit its final report to the Interagency Working Group within one year of the date of the first neetin? of the Advisory Committee, unless such period lis extended by t h e Interagency Working Group. The Advisory Committee shall issue an interim report not more than six months after the date of the first meeting of the Advisory Working Group on the status of the Advisory Committee‘s proceedings and the likelihood that the Committee will be able to cccrrlete its duties within one year of the date of the first neeting of t h e Advisory Committee. That interim report shall advise the Interagency 6 . Duration ane Termination Date The Advisory Committee shall terminate thirty..days rfter subr,issicn cf its final report to the Irterzgency working after the firs= neeting of the Advisory Cormittee, t o renewel end extension by the President. “>.is Ckerter shall expire one y ez r plus thirty days

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7. Agency responsible for providing fine nci a1 and administrative suPDort t o the Advisorv Cornittee Finrnc5al and administrative support shall be provided by the Department of Energy. 8. Estimated Annual Operatinu Costs 9 . Estimated Number End Freuuency of Meetincrs The Advisory Committee s h a l l meet as it deems necessary to conplete its functions. To facilitate functioning of the Advisory Cornittee, subcommittee(s) say be formed. The objectives of the subcomittee(s) are to make reconmendztions t o the Advisory Comit tee with respect t o matters related to the responsibilities of t h e Advisory Cornittee. shzll neet as theM visor y Conmittee deems appropriete. V p to a mzxinun of fifteen Advisory Committee members shall Se cp pointed by the Presiaent for a term of one year, which z a y be extended by the President. Connittee members shall be conpenszted in accordance with federal law. Committee ne her s may be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in the government service (5 12. Chaim ers on The Presiaent shell designate a Chcirperson from among the nenbers of t h e Advisory Connittee.