On 15 January 1994, Executive Order (EO)12891
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identified human radiation experiments(HRE) in the following manner:
(1)Experiments on individuals involving inten-tional exposure to ionizing radiation. This cat-egory does not include common and routineclinical practices, such as established diag-nosis and treatment methods, involving inci-dental exposures to ionizing radiation.(2)Experiments involving intentional environ-mental releases of radiation that (a) were de-signed to test human health effects to ionizingradiation; or (b) were designed to test the ex-tent of human exposure to ionizing radiation.
Using the definitions in the EO, the Departmentof Defense (DoD) established guidance to search itsrecords. The search criteria had three componentsthat a project had to satisfy to be considered apossible human radiation experiment: (1) there hadto be human subject involvement, (2) there had to bean experimental component, and (3) radiation had tobe involved in some way. During the records search,if there was doubt as to whether a record completelysatisfied all three of these components, the guidancewas to err on the side of inclusion. Dr. Harold P.Smith, Jr., Assistant to the Secretary of Defense(Atomic Energy), stated,
For the purpose of this initial identification ofpossible experiments, organizations submit-ting reports should err on the side of inclusion.Reported activities that are outside the scopeof the records search can then be excludedprior to actual records retrieval.
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Many of the records identified were not experimentalbut concerned projects that used radiation only as anevaluation or diagnostic tool.The determination of whether a procedure wasexperimental was often difficult to make. In its FinalReport, The Advisory Committee on HumanRadiation Experiments (ACHRE) concluded:
In a medical setting, it is sometimes hard todistinguish a formal experiment designed totest the effectiveness of a treatment from or-dinary medical care in which the same treat-ment is being administered outside a researchproject. The patient receiving the treatmentmay discern no difference between the two....Similarly, in an occupational setting in whichemployees are put at risk, it is often difficult todistinguish formal scientific efforts to studyeffects on the health of employees from rou-tine monitoring of employees’ exposure tohazards in the work place for the purposes ofensuring worker safety.
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The boundaries among medical, clinical,occupational, and experimental exposures are oftenblurred and difficult to precisely discern.In compiling the list of possible radiationexperiments, the DoD was often faced with the samedilemma of trying to discern a true experiment frommedical treatment. For this reason, the policy to erron the side of inclusion was implemented to ensurethat every possible experiment was identified andreceived close scrutiny in evaluating its true intent.Approximately 2,600 projects and studies wereinitially identified and reported to the RadiationExperiments Command Center (RECC) and the
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