                                                       TAB A-4

                              CHARTER

          ADVISORY COMMITTEE ON HUMAN RADIATION EXPERIMENTS


1.   Committee's Official Designation

     Advisory Committee on Human Radiation Experiments (the "Advisory
     Committee" or "Committee").

2.   Authority

     Executive Order No. 12891.

3.   Objectives and Scope of Activities

     There has been established a Human Radiation Interagency Working 
     Group (the "Interagency Working Group"), the members of which 
     include the Secretary of Energy, the Secretary of Defense, the 
     Secretary of Health and Human Services, the Secretary of Veterans 
     Affairs, the Attorney General, the Administrator of the National 
     Aeronautics and Space Administration, the Director of Central 
     Intelligence, and the Director of the Office of Management and 
     Budget.  As set forth in section 4 of this Charter, the Advisory 
     Committee shall provide to the Interagency Working Group advice 
     and recommendations on the ethical and scientific  standards 
     applicable to human radiation experiments carried out or
     sponsored by the United States Government.  As used herein, 
     "human radiation experiments" means:

     (1)  Experiments on individuals involving intentional exposure to
          ionizing radiation.  This category does not include common 
          and routine clinical practices, such as established diagnosis 
          and treatment methods, involving incidental exposures to 
	  ionizing radiation.

     (2)  Experiments involving intentional environmental releases of
          radiation that (A) were designed to test human health effects 
	  of ionizing radiation; or (B) were designed to test the 
          extent of human exposure to ionizing radiation.

     Consistent with the provisions set forth in section 4 of this]
     Charter, the Advisory Committee also shall provide advice, 
     information and recommendations on the following experiments:

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     (1)  The experiment into the atmospheric diffusion of radioactive 
          gases and test of detectability, commonly referred to as "the]
          Green Run test," by the former Atomic Energy Commission (AEC) 
          and the Air  Force in December 1949 in Hanford, Washington;

     (2)  Two radiation warfare field experiments conducted at the 
          AEC's Oak Ridge office in 1948 involving gamma radiation 
          released from non-bomb point sources at or near ground 
	  level;

     (3)  Six tests conducted during 1949-1952 of radiation warfare
          ballistic dispersal devices containing radioactive agents 
          at the U.S. Army's Dugway, Utah site;

     (4)  Four atmospheric radiation-tracking tests in 1950 at Los 
          Alamos, New Mexico; and

     (5)  Any other similar experiments which may later be identified 
          by the Interagency Working Group.

     The Advisory Committee shall review experiments conducted from 
     1944 to May 30, 1974.  Human radiation experiments undertaken 
     after May 30, 1974, the date of issuance of the Department of 
     Health, Education and Welfare Regulations for the Protection of 
     Human Subjects (45 C.F.R. 46), may be sampled to determine whether 
     further inquiry into experiments is warranted.  Further inquiry 
     into experiments conducted after May 30,1974, may be pursued if 
     the Advisory Committee determines, with the concurrence of the 
     Interagency Working Group, that such inquiry is warranted.

4.   Description of Duties for Which Committee is Responsible

     The duties of the Advisory Committee are solely advisory and 
     shall be:

     a.   The Advisory Committee shall determine the ethical and 
          scientific standards and criteria by which it shall evaluate 
          human radiation experiments, as set forth in section 3 of 
          this Charter.  The Advisory Committee shall consider whether 
          (A) there was a clear medical or scientific purpose for the
          experiments; (B) appropriate medical follow-up was conducted;]
          and (C) the experiments' design and administration adequately 
          met the ethical and scientific standards, including standards 
          of informed consent, that prevailed at the time of the 
	  experiments and that exist today.

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     b.   The Advisory Committee shall evaluate the extent to which 
          human radiation experiments were consistent with applicable 
	  ethical and scientific standards as determined by the 
	  Committee pursuant to paragraph (a) of this section.  If 
	  deemed necessary for such an assessment, the Advisory 
	  Committee may carry out a detailed review of experiments 
	  and associated records to the extent permitted by law.

     c.   If required to protect the health of individuals who were 
	  subjects of a human radiation experiment, or their 
	  descendants, the Advisory Committee may recommend to the 
	  Interagency Working Group that an agency notify particular 
	  subjects of an experiment, or their descendants, of any 
	  potential health risk or the need for medical follow-up.

     d.   The Advisory Committee may recommend further policies, as 
	  needed, to ensure compliance with recommended ethical and 
	  scientific standards for human radiation experiments.

     e.   The Advisory Committee may carry out such additional 
	  functions as the Interagency Working Group may from time 
	  to time request.

5.   To Whom the Advisory Committee Reports

     The Advisory Committee shall report to the Interagency Working 
     Group.

     The Advisory Committee shall submit its final report to the 
     Interagency Working Group within one year of the date of the 
     first meeting of the Advisory Committee, unless such period is 
     extended by the 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 Committee.  
     That interim report shall advise the Interagency Working
     Group on the status of the Advisory Committee's proceedings and 
     the likelihood that the Committee will be able to complete its 
     duties within one year of the date of the first meeting of the 
     Advisory Committee.

6.   Duration and Termination Date

     The Advisory Committee shall terminate thirty days after 
     submission of its final report to the Interagency Working Group.  
     This Charter shall expire one year plus thirty days after the 
     first meeting of the Advisory Committee, subject to renewal and 
     extension by the President.

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7.   Agency responsible for providing financial and administrative 
     support to the Advisory Committee

     Financial and administrative support shall be provided by the 
     Department of Energy.

8.   Estimated Annual Operating Costs

     $3 million.

9.   Estimated Number and Frequency of Meetings

     The Advisory Committee shall meet as it deems necessary to 
     complete its  functions.

10.  Subcommittee(s)

     To facilitate functioning of the Advisory Committee, 
     subcommittee(s) may be formed.  The objectives of the 
     subcommittee(s) are to make recommendations to the Advisory 
     Committee with respect to matters related to the 
     responsibilities of the Advisory Committee. Subcommittees 
     shall meet as the Advisory Committee deems appropriate.

11.  Members

     Up to a maximum of fifteen Advisory Committee members shall be 
     appointed by the President for a term of one year, which may be 
     extended by the President.  Committee members shall be 
     compensated in accordance with federal law.  Committee members 
     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 U.S.C.  5701-5707).

12.  Chairperson

     The President shall designate a Chairperson from among the 
     members of the Advisory Committee.

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