Presidential Documents

                                                       TAB A3

Executive Order 12891 of January 15, 1994

Advisory Committee on Human Radiation Experiments

By the authority vested in me as President by the Constitution and 
the laws of the United States of America, it is hereby ordered as 
follows:

Section 1.  Establishment.  (a)  There shall be established an 
Advisory Committee on Human Radiation Experiments (the "Advisory 
Committee" or "Committee").  The Advisory Committee shall be composed
of not more than 15 members to be appointed or designated by the 
President.  The Advisory Committee shall comply with the Federal 
Advisory Committee Act, as amended, 5 U.S.C. App. 2.

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

Sec. 2.  Functions.  (a)  There has been established a Human Radiation
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 paragraph (b) of this section, 
the Advisory Committee shall provide to the Human Radiation 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 paragraph (b) of this 
section, the Advisory Committee shall also provide advice, information, 
and recommendations on the following experiments:

     (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 at the Hanford Reservation in 
     Richland, Washington;

     (2)  two radiation warfare field experiments conducted at the 
     AEC's Oak Ridge office in 1946 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 experiment that may later be identified 
      by the Human Radiation Interagency Working Group.

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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 
("DHEW") 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 Human Radiation Interagency Working Group, that such 
inquiry is warranted.

     (b)(1)  The Advisory Committee shall determine the ethical and
scientific standards and criteria by which it shall evaluate human 
radiation experiments, as set forth in paragraph (a) of this section.  
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.

     (2)  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 (B)(1) of this section.  If deemed necessary for such an 
assessment, the Committee may carry out a detailed review of 
experiments and associated records to the extent permitted by law.

     (3)  If required to protect the health of individual who were 
subjects of a human radiation experiment, or their descendants, the 
Advisory Committee may recommend to the Human Radiation 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.

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

     (5)  The Advisory Committee may carry out such additional 
functions as the Human Radiation Interagency Working Group may from 
time to time request.

Sec. 3.  Administration.  (a)  The heads of executive 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.

     (b)  Members of the Advisory Committee 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).

     (c)  To the extent permitted by law, and subject to the 
availability of appropriations, the Department of Energy shall provide 
the Advisory Committee with such funds as may be necessary for the 
performance of its functions.

Sec. 4.  General Provisions.  (a)  Notwithstanding the 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 to the Congress, shall 
be performed by the Human Radiation Interagency Working Group, in 
accordance with the guidelines and procedures established by the 
Administrator of General Services.

     (b)  The Advisory Committee shall terminate 30 days after 
submitting its final report to the Human Radiation Interagency 
Working Group.

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     (c)  This order is intended only to improve the internal 
management of the executive branch and it is not intended to create 
any right, benefit, trust, or responsibility, substantive or 
procedural, enforceable at law or equity by a party against the 
United States, its agencies, its officers, or any person.

                                   William J. Clinton

THE WHITE HOUSE,
January 15, 1994.

JFR Doc. 94-1531
Filed 1-18-94; 4:37 pm
Billing Code 3195-01-P

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