EDWARD MARKEY 2133 RAYBURN HOUSE OFFICE BUILDING 7TH DISTRICT MASSACHUSETTS WASHINGTON, DC 20515-2107 COMMITTEES: (202) 225-2836 ENERGY AND COMMERCE DISTRICT OFFICE: CHAIRMAN 5 HIGH STREET, SUITE 101 SUBCOMMITTEE ON MEDFORD, MA 02155 COMMUNICATIONS AND FINANCE (617) 396-2900 NATURAL RESOURCES COMMISSION ON SECURITY AND FROM AREA CODE 508 COOPERATION IN EUROPE DIAL 1-800-750-6037 CONGRESS OF THE UNITED STATES HOUSE OF REPRESENTATIVES WASHINGTON, DC 20515-2107 January 24, 1994 BECOME AN ORIGINAL COSPONSOR OF BILL ON DEPARTMENT OF ENERGY HUMAN EXPERIMENTATION Dear Colleague: In 1986, as Chairman of the Subcommittee on Energy Conservation and Power, I released a Subcommittee staff report, `American Nuclear Guinea Pigs: Three Decades of Radiation Experiments on U.S. Citizens,' documenting the frequent and systematic use of Americans as subjects of radiation experiments conducted and/or funded by the federal government. These experiments, recently criticized by DOE Secretary O'Leary, shock the conscience and demand both proper medical follow-up and appropriate compensation. They also signal the need for a comprehensive review of the use of radioactive material in human experiments across the federal government As a result, I plan on introducing legislation that would accomplish the following three goals: 1. Require the Department of Energy to report to Congress within one year the number of radiation experiments that provided little or no benefit to the subject and were funded by the Department or its predecessor agencies; the nature of each experiment; the number of subjects involved in each experiment; and whether the Department has notified each subject of the nature of the experiment and provided necessary medical information. 2. Require the Secretary of Energy, after consulting with the Assistant Secretary for Health, to formulate a plan to-conduct proper long-term health effects studies on the subjects and their families. 3. Require the Secretary of Energy, after consulting with the Assistant Secretary for Health and the Attorney General, to-recommend within 6 months appropriate compensation far those subjects or their families who suffer or have suffered radiation-related illnesses, and any other recommendation for any appropriate compensation for those who have been wronged. The current leadership the Department of Energy, especially Secretary O'Leary should be commended for confronting this issue. Indeed, it appears that the Department is at the crossroads of all experimental activity, since it controlled the flow of radioisotopes. Consequently, it is appropriate far the legislation to focus specifically upon the DOE and the information it possesses. I urge you to join me in seeking to close this sorry chapter in American history. If you want to cosponsor this legislation, please call Steve Buttacavou at Ext. 5-2830. Sincerely, Edward J. Markey Member of Congress 1O3D CONGRESS 2D SESSION H.R. 4292 To require the Secretary of Energy to report on certain 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 Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE 4 This Act may be cited as the "Radiation Experimen- 5 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 individ- 10 uals to radiation and were conducted or funded (in whole 1 or in part) by the Department of Energy, the Atomic En- 2 ergy Commission, or the Energy Research and Develop- 3 ment Administration. The report shall include the 4 following: 5 (1) A statement of the number of such radi- 6 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 ex- 9 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 Sec- 16 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 medi- 21 cal information on possible adverse effects on 22 the individual as a result of participation in the 23 experiment, available treatments for such ef- 24 fects, and likely sources of such treatment. 3 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 recommenda- 12 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 recommenda- 17 tions regarding whether compensation is appropriate 18 in the case of any much individual if a causal rela- 19 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 con- 24 tracted a disease which is related to exposure to ra- 25 diation. The Secretary shall make recommendations 26 regarding whether compensation is appropriate in 4 1 the case of any such natural child if a causal rela- 2 tionship between the contract of the disease and the 3 participation of the natural child's parent in an ex- 4 periment referred to in section 1 cannot be estab- 5 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 I. 9 (b) CONSULTATION.--The Secretary of Energy shall 10 consult with the Attorney General and the Assistant Sec- II retary of Energy for Environment, Safety and Health 12 in preparing the recommendations required by subsection 13 (a). o