EXECUTIVE ORDER


                            THE WHITE HOUSE

                     Office of the Press Secretary


For Immediate Release                            January 18, 1994

               EXECUTIVE ORDER

               - - - - - - -


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 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 experiment that may later be
identified by the Human Radiation 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 ("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 individuals 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.   [*2937]

    (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

    January 15, 1994.

Interim Report of the Advisory Committee on Human Radiation
Experiments, October 21, 1994