EO 12891
Effective Date: January 15, 1994

Responsible Office: Office of Mission to Planet Earth


   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 followup 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.

   (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.

                              /s/William J. Clinton

January 15, 1994.


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