I

103D CONGRESS

2D SESSION H. R. 4292

To require the Secretary of Energy to report on certain radiation experiments,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 21, 1994

Mr. MARKEY introduced the following bill; which was referred to the

Committee on Energy and Commerce

A BILL

To require the Secretary of Energy to report on certain

radiation experiments, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Radiation Experimen5 tation Victims Act of 1994’’.

6 SEC. 2. REPORT ON CERTAIN RADIATION EXPERIMENTS.

7 Not later than 1 year after the date of the enactment

8 of this Act, the Secretary of Energy shall submit to the

9 Congress a report on all experiments that exposed individ10 uals to radiation and were conducted or funded (in whole
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1 or in part) by the Department of Energy, the Atomic En2 ergy Commission, or the Energy Research and Develop3 ment Administration. The report shall include the

4 following:

5 (1) A statement of the number of such radi6 ation experiments that, in the determination of the

7 Secretary, provided no therapeutic or medical benefit

8 to the individuals who were the subjects of such ex9 periments.

10 (2) An explanation of the nature of each such

11 experiment.

12 (3) For each such experiment, a statement of

13 the number of individuals who were the subject of

14 the experiment.

15 (4) A statement of the extent to which the Sec16 retary has—

17 (A) notified each individual who was the

18 subject of any such experiment of the nature of

19 the experiment; and

20 (B) provided to each such individual medi21 cal information on possible adverse effects on

22 the individual as a result of participation in the

23 experiment, available treatments for such ef24 fects, and likely sources of such treatment.
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1 SEC. 3. PLAN FOR CONDUCT OF HEALTH STUDIES.

2 The Secretary of Energy shall, after consulting with

3 the Secretary of Health and Human Services, develop a

4 plan to conduct appropriate studies of the long-term

5 health effects of the experiments described in section 1

6 on the individuals referred to in such section and on the

7 natural children of such individuals.

8 SEC. 4. RECOMMENDATIONS FOR COMPENSATION.

9 (a) IN GENERAL.—Not later than 6 months after the

10 date of the enactment of this Act, the Secretary of Energy

11 shall submit to the Congress the Secretary’s recommenda12 tions regarding the appropriate compensation, if any, for

13 the following:

14 (1) An individual described in section 1 who has

15 contracted a disease which is related to exposure to

16 radiation. The Secretary shall make recommenda17 tions regarding whether compensation is appropriate

18 in the case of any such individual if a causal rela19 tionship between the contract of the disease and the

20 individual’s participation in an experiment referred

21 to in section 1 cannot be established.

22 (2) The natural child of an individual referred

23 to in paragraph (1) if the natural child has con24 tracted a disease which is related to exposure to ra25 diation. The Secretary shall make recommendations

26 regarding whether compensation is appropriate in
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1 the case of any such natural child if a causal rela2 tionship between the contract of the disease and the

3 participation of the natural child’s parent in an ex4 periment referred to in section 1 cannot be estab5 lished.

6 (3) An individual who, in the determination of

7 the Secretary, otherwise has been wronged by the

8 conduct of an experiment referred to in section 1.

9 (b) CONSULTATION.—The Secretary of Energy shall

10 consult with the Attorney General and the Assistant Sec11 retary of Energy for Environment, Safety and Health

12 in preparing the recommendations required by subsection

13 (a).

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