第3部分:纠正过去的错误


概述


ACHRE报告详细审查了几项有关政府支持的人类辐射研究的案例研究,包括:第二次世界大战期间和之后,对18名医院患者进行注射,与囚犯进行研究,以及对暴露于临床中全身辐射的患者的研究设置。咨询委员会还考虑了与与政府活动相关的某些辐射暴露有关的问题,咨询委员会得出的结金博宝正规网址论不应被视为“人类实验”。这些暴露是由于人类辐射研究以外的目的进行的政府活动而维持的。裸露的人口包括原子退伍军人,铀矿工和马歇尔群岛的居民,暴露于美国武器测试的后果。

委员会建议政府应采取的几个步骤为政府承担道德责任的具体错误做出修改。该报告的这一部分讨论了Achre在通知,道歉和补偿领域的发现和推荐措施,并提出了政府的回应。在赔偿的讨论中,该报告涉及单个案件,铀矿工,《辐射曝光赔偿法》,退伍军人和马歇尔岛民所涵盖的其他人群。


The ACHRE report reviewed in detail several case studies of government-supported human radiation research.

关于通知的ACHRE调查结果和建议

The Advisory Committee found "no subjects of biomedical experiments for whom there is a need to provide notification and medical follow-up for the purpose of protecting their health." In addition, the Committee found no evidence that descendants of subjects of human radiation experiments have a greater likelihood of inheriting genetic effects.

咨询委员会推荐(推荐ation 4):

  • 对于任何新发现实验的专业t should notify participants and provide medical follow-up for "those subjects for whom there is a significant risk of developing a radiation-related disease that has not yet occurred, or has occurred but may still be undetected or untreated, and in whom there might be an opportunity to prevent or minimize potential health risks through detection and treatment."
  • 出于公共卫生原因,政府不需要通知Achre审查的实验主题,因为它们不符合建议的通知标准。

回复

政府的观点是,in general,Achre的建议是正确的。出于公共卫生原因,政府将通知符合ACHRE报告中标准的任何已确定的受试者;其中包括任何受到辐射相关疾病发育的显着风险的受试者,在早期检测和治疗中具有复杂的医疗益处。(因为医学不是静态的,所以关于是否有医疗益处的决定也不是。)

除了保护公众健康,政府will seek to support as fully as possible an individual's right to know about actions that may have affected him/her. Therefore, the government will also notify an identified experimental subject if the subject requests the information; if the government determines that a subject is likely to fall within the criteria for government compensa-tion; and, on a case-by-case basis, if there is uncertainty about the effects of the experiment and notification is necessary to investigate whether subjects were placed at significant risk and whether there is a potential benefit from treatment. The Administration believes that this approach fulfills the government's grave responsibility to inform subjects while maintaining respect for those people who would not want information that has no tangible benefit. It is important to be clear that notification is not simply the process of taking existing lists of names, current addresses, and phone numbers and contacting people. For most experiments, names are unavailable. Much of the information about past experiments comes from the published literature which does not generally include names. Even where more detailed records have survived, informa-tion about individuals is generally fragmentary and does not include anything about their current whereabouts. Much of the information about individuals is in the records of private hospitals and universities where confidentiality and privacy rules prohibit government access.


除了保护公众健康,政府will seek to support as fully as possible an individual's right to know about actions that may have affected him/her.
For all of these reasons, the process of locating individuals or next of kin many years after the experiments took place is difficult, time consuming, costly to the taxpayer, and likely to have limited suc-cess. Where individuals can be found, it is difficult to assess their exposure and risk given the limited data available.

Notwithstanding the difficulties of undertaking individual notifica-tion, the government reaffirms its continuing commitment to openness. Where the government does not undertake individual notification, it will continue to make material relating to human radiation experiments available to the public, to respond to individual inquiries relating to these experiments, and to carefully review any newly identified experiments in the light of the Advisory Committee notification criteria.

Discussion
为了保护受试者或其后代的健康,Achre被要求就通知提出建议。但是,经过仔细考虑,Achre建议有关通知的决定是基于“评估辐射暴露水平的评估以及暴露个人的医疗随访的潜在医疗收益”。在讨论这一建议时,Achre观察到,通知可以对必须权衡的受试者施加新的负担,而这些受试者与通知可能获得的医疗收益潜力。这些负担包括焦虑;医疗伤害;不便;朋友,家人,雇主或保险公司可能会受到污名化;以及寻求医学测试或随访的成本。ACHRE建议在满足医疗福利标准或个人寻求通知的有限情况下通知通知。阿什尔(Achre)认可公民有权知道他们或亲戚是否是辐射实验中的主题的原则。 To assist individuals in pursuing answers to this important question, ACHRE included a citizen's guide in itsFinal Report

阿卡尔(Achre)关于通知的建议引起了利益相关者的争议,包括参加联邦部门于1996年2月26日举行的股权持有人研讨会的人。正如咨询委员会所详述的那样,实验中的许多错误涉及未能从受试者获得同意或完全披露实验的风险和福利(或缺乏利益),而不是测试的实际不利健康影响。一些利益相关者认为,政府有责任通知并向所有被政府委屈的人提供医疗后续行动;不仅是那些受政府行为受到身体伤害的人。尽管很难概括研讨会上提出的观点的多样性,但利益相关者通常倡导政府寻求某种形式的通知,并通过个人选择的医生为医疗服务提供资金。许多受试者和家庭都没有信心政府可以诚实地对通知做出判断,或者政府可以在不偏见或恐吓受试者的情况下实施任何必要的医疗后续行动。其他人建议,无论受到伤害,受试者是否希望被通知。


即使有更详细的记录幸存下来,有关个人的信息通常是零碎的,并且没有任何有关其当前下落的信息。

The Administration agrees that the decision of when and how to notify experimental subjects requires a judgment about whether individuals would want to be notified even if there is no public health reason for notification.

Where the agencies discover new records containing information that would allow notification, the Administration will notify subjects that meet the ACHRE public health criteria, and will also notify those that meet any one of three additional criteria which are intended to shed light on the non-health benefits that may accrue to those who may be notified. As noted above, notification will take place if the subject requests the information; if the government determines that a subject is likely to fall within the criteria for government compensation; and, on a case-by-case basis, if there is uncertainty about the effects of the experiment and notification is necessary to understand whether subjects were placed at significant risk and whether there is a potential benefit from treatment. The Administration believes that these other benefits where they are present would cause most subjects to prefer notification.

信息请求: Where information is available, it will be provided to the possible experimental subject, if they so request. The government will use all reasonable means to let individuals know that they have the opportunity to ask questions about their own history and a choice about whether to pursue that information.

To make the choice meaningful, the government has provided widespread opportunities for individuals to seek information about their own involvement as subjects of research. Publicity about the existence of experiments, and the widespread availability of information about human radiation experiments, has generated thousands of inquiries from those who want to know whether they were experimental subjects. This response suggests that the government's outreach efforts allowed many possible subjects to choose whether to seek more information.

Based on the response so far, the Administration believes that continued publication of general information and follow-up of individual inquiries satisfies much of the government's obligation to notify experimental subjects.


The government has provided widespread opportunities for individuals to seek information about their own involvement as subjects of research.
Additional research:如果部门发现al experiments, any newly-discovered subjects will be notified of their participation by the Department that sponsored the research, based on the criteria discussed above.

As experiments are identified, there may be uncertainty about whether initial exposures to radiation significantly increased the risk to subjects. In at least one case, that of members of the armed services exposed to nasopharyngeal radiation, there may be a sufficient number of identifiable subjects to allow for a follow-up study. The follow-up study would be designed to identify any risk to subjects and whether medical follow-up could be beneficial. The Administration's policy does not preclude conducting such a study� even though the government cannot answer with certainty what level of risk is faced by former subjects and whether there is any prospect of medical or other benefit to subjects from a follow-up study. Any follow-up study should move forward only under the following conditions:

  1. 所有的护理都已最大程度地减少参与研究的任何有害影响。
  2. 就这项研究及其公平性咨询了公众,并向将收到事先参与实验治疗的个人的公平性。

在至少一个情况下,暴露于鼻ryngeal辐射的武装部队成员的情况下,可能有足够数量的可识别受试者允许进行后续研究。

迄今为止的动作

The most important actions the government has taken to notify subjects are the actions described in第1部分在这份报告中,政府开放。这种广泛的信息可用性使个人有机会选择是否会寻求有关自己可能参与实验的其他信息。

个人查询:那些想要更多有关其个人经验的信息的人可以通过电话获得帮助;当前数字为(202)586-8439。通过拨打这个号码,认为他们可能参与实验的个人可以通过适当的机构对案件进行审查。截至1996年12月1日,DOE回答了20,000多个信息请求,并研究了3,000例案件;国防部已经对7,000个案例查询做出了回应,其中约有800个目前正在进行积极的研究;弗吉尼亚州已经回应了大约1,750个查询;和HHS,约为90。

部门正在继续努力研究案例。除了政府的控制之外,还有几个因素会影响每个人寻求信息的最终成功。例如,某些政府记录比其他记录更完整,有些人可以提供更多的信息(例如,日期,地点和研究人员姓名,以及其他识别信息)来基于搜索。如果可能的实验发生在非政府设施(例如医院或大学)中,则可以限制获取信息。

NASA员工的通知:与为最广泛的人群提供一般信息的努力,国家航空航天管理局(NASA)已通知了大约110,000名现任和前NASA员工,征服者和受赠者有关人类辐射研究评论。该通知包括那些通过NASA赠款进行人类辐射研究的大学和机构。

Notification of veterans: VA convened an expert committee including specialists in nuclear medicine, radiation oncology, health physics, and radiation dosimetry to review information about certain projects, and to determine whether notification of known subjects was warranted. The VA focused its attention on early radiation research projects for which at least some of the names of research subjects were known. These studies were chosen because of the possibility of contacting veterans or family members to encourage medical surveillance or submission of a compensation claim, if warranted. The expert committee did not identify any veterans who required special follow-up actions specifically because of their radiation exposure.

Nasopharyngeal irradiation with radium (NP) during military service: DOD and VA are reviewing the records of hundreds of Service members who received NP irradiation during and immedi-ately following World War II. In April 1996, DOD discovered a Navy medical log book which lists the names of submariners who were given the NP treatment from 1945 to 1946 under an experimental protocol. Using the log book as the focal point, DOD and VA are conducting intensive research at the National Records Center and other repositories to identify other Service members who received NP treatment and, if feasible, to retrieve medical data for possible cohort or epidemiological studies to notify individuals as appropriate. NP treatment was a widely used conventional therapy, particularly for children, during the 1940s and 1950s. Therefore a study could be valuable to many civilians as well as veterans.


国防部和弗吉尼亚州正在审查在第二次世界大战期间和立即收到NP辐射的数百名服务成员的记录。
The VA, along with the Centers for Disease Control (CDC) and Yale University, co-sponsored a workshop on the public health response to NP irradiation which was held in New Haven, Connecticut, in September 1995. Consensus did not support medical screening of asymptomatic individuals but recommended that individuals treated with NP irradiation inform their health care providers when they are examined or evaluated. VA officials have published information on NP irradiation treatments in medical journals and provided it to veterans' newsletters. The VA and CDC held a satellite teleconference in September 1996 to provide health professionals with information about this issue. Currently, veterans treated with NP irradiation do not have special eligibility for VA care. The Administration will propose legislation that will extend eligibility for the VA's Ionizing Radiation Program to veterans treated with NP irradiation.

阿拉斯加人:许多阿拉斯加当地人参与了美国空军北极航空实验室碘131甲状腺试验,该测试发生在1956年和1957年。尽管咨询委员会和医学研究所和医学研究所(IOM)都确定没有终身证据这些测试的参与者的风险,少年参与者的通知和随访,后者建议审慎。空军和辐射实验指挥中心(RECC)正在按照IOM的建议进行跟进。阿拉斯加人的代表正在进行努力,以确定适当的随访补救措施。

确定其他主题:DOE通知了冥王星nium和铀注射实验的受试者,或者是近亲的近亲。此外,DOE询问了所有确定人类辐射实验的设施,以提供有关与个别受试者有关的数据的可用性,通知的可行性以及是否发生任何通知过程的详细信息。在雇员或前员工参与实验的地方,通常已经发出通知。否则,确定可用的数据不符合咨询委员会的标准保证通知。如果揭露新的信息或实验,该部门将根据咨询委员会的标准进行审查。


DOE notified subjects of the plutonium and uranium injection experiments, or their next of kin, when these could be located.

ACHRE Findings and Recommendations Regarding Remedies

咨询委员会发现:
[T]he government sponsored . . . several thousand human radiation experiments. In the great majority of cases, the experiments were conducted to advance biomedical science; some experiments were conducted to advance national interests in defense or space exploration; and some experiments served both biomedical and defense or space exploration purposes. (Finding 1)

[P]eople who were used as research subjects without their consent were wronged even if they were not harmed." In addition, the Committee was "not persuaded that even where the facts are clear and the identities of subjects known, financial compensation is necessarily a fitting remedy when people have been used as subjects without their knowledge or consent but suffered no material harm as a consequence. (Recommendation 3)

[S]当地政府机构要求的同意some research subjects well before 1944 . . . [and] government agencies did not generally take effective measures to implement their requirements and policies on consent to human radiation research. (Findings 4 and 5)

[T]he government and government officials are morally responsible in cases in which they did not take effec-tive measures to implement the government's policies and requirements. . . .

[g]过度的官员和调查人员被归咎于您,因为没有采取政策和惯例来保护被用户无法从中可能获得医疗福利的研究中使用的人类受试者的权利和利益(严格的非治疗性研究感觉)。相比之下,在某种程度上有理由相信研究可能会为受试者,政府官员和生物医学专业人员提供直接的医疗利益,因为没有这样的保护和做法,因此不太受到责备。(发现11a和11c)

[S]ince the end of the Manhattan Project in 1946 human radiation experiments (even where expressly conducted for military purposes) have typically not been classified as secret by the government. Nonetheless, important discussions of human experimentation took place in secret, and information was kept secret out of concern for embarrassment to the government, potential legal liability, and concern that public misunderstanding would jeopardize government programs. In some cases, deception was employed. In the case of the plutonium injection experiments, government officials and government-sponsored researchers continued to keep information secret from the subjects of several human radiation experiments and their families, including the fact that they had been used as subjects of such research. Some information about the plutonium injections, including documentation showing that data on these and related human experiments were kept secret out of concern for embarrassment and legal liability, was declassified and made public only during the life of the Advisory Committee. (Finding 17)

关于道歉的建议

The Advisory Committee recommended
[f]or subjects who were used in experiments for which there was no prospect of medical benefit to them and there is evidence specific to the experiment in which the subjects were involved that (1) no consent, or inadequate consent, was obtained, or (2) their selection as subjects constituted an injustice, or both, the government should offer a personal, individualized apology to each subject. (Recommendation 3)

回复

The Administration agrees that the subjects identified by the Committee were owed an apology by the government. At the ceremony in which Dr. Faden presented him the report, President Clinton formally apologized on behalf of the government to the victims of human radiation experiments. He said,
So today, on behalf of another generation of American leaders and another generation of American citizens, the United States of America offers a sincere apology to those of our citizens who were subject to these experiments, to their families, and to their communities. When the government does wrong, we have a moral responsibility to admit it. The duty we owe to one another to tell the truth and to protect our fellow citizens from excesses like these is one we can never walk away from. Our government failed in that duty, and it offers an apology to the survivors and their families and to all the American people who must be able to rely upon the United States to keep its word, to tell the truth, and to do the right thing.
In addition, former Energy Secretary O'Leary has apologized on behalf of the government as part of the settlements of individual cases. The Administration will continue to apologize to subjects and their families in appropriate cases as they are considered and settled. At the same time, the Administration believes that, for most subjects, the President's apology on behalf of the government to all subjects of human radiation experiments is sufficient, as opposed to pursuing individualized evidentiary investigations, to fulfill the Committee's admonition that "an apology should be offered only where there is evidence specific to an experiment or subject that no consent, or inadequate consent, was obtained, or the subject's selection constituted an injustice, or both." (Recommendation 3)
The Administration agrees that the subjects identified by the Committee were owed an apology by the government.

关于经济补偿的ACHRE建议

The Advisory Committee recommended that the government provide financial compensation to subjects of human radiation experiments in two cases. First, those cases "in which efforts were made by the government to keep information secret from these individuals or their families, or from the public, for the purpose of avoiding embarrassment or potential legal liability, or both, and where this secrecy had the effect of denying individuals the opportunity to pursue potential grievances." Second, those experiments, "that for subjects of human radiation experiments that did not involve a prospect of direct medical benefit to the subjects, or in which interventions considered to be controversial at the time were presented as conventional or standard practice, and physical injury attributable to the experiment resulted."

咨询委员会确定了适合第一类案件的三组受试者:一组18个,其身份已知,两组共有52人,他们的身份尚不清楚。咨询委员会没有对哪些受试者符合第二类案件的结论。取而代之的是,委员会确定了一些可能适合第二类案件的实验,并期望政府考虑委员会在决定是否补偿个人时提出的建议。(建议1和2)


The Administration will continue to apologize to subjects and their families in appropriate cases as they are considered and settled.

回复

政府同意咨询委员会对两类案件的建议。司法部(DOJ)已与部门紧密合作,以解决与人类辐射实验有关的主张,并将在法律允许的范围内为人类辐射实验的主体提供合理的财务补偿。一个政府机构负责,该机构属于咨询委员会的标准。如果在任何符合ACHRE标准的情况下都无法根据现有法律提供赔偿,则政府将与国会合作寻求适当的立法救济。司法部正在使用《联邦侵权索赔法》(FTCA)索赔程序或其他现有法律,将赔偿视为相关索赔定居点的一部分。因此,个人可以使用良好的过程提出索赔。同时,政府的政策是寻求快速,公平地解决这些主张,同时避免不必要的诉讼。为了进一步,政府的政策是在适当的情况下使用替代争议解决方案,例如调解。在考虑薪酬问题时,关键因素是对主题的身体伤害,实验性质以及政府涉及的程度。根据需要,代理商就科学和医学问题寻求专家建议。金博宝正规网址

To date, DOE and DOJ have settled compensation claims with the 16 families of plutonium injection subjects who have come forward, representing compensation to the families of all known subjects recommended for compensation by the Advisory Committee.


迄今为止,DOE和DOJ已与挺身而出的16个plut弱的受试者家庭解决了赔偿索赔。

ACHRE Findings and Recommendations on Compensation of Uranium Miners

The Advisory Committee found that "as a consequence of exposure to radon and its daughter products in underground uranium mines, at least several hundred miners died of lung cancer and surviving miners remain at elevated risk."

The miners, who were the subject of government study as they mined uranium for use in weapons manufacturing, were subject to radon exposures well in excess of levels known to be hazardous. The government failed to act to require the reduction of the hazard by ventilating the mines, and it failed to adequately warn the miners of the hazard to which they were being exposed, even though such actions would likely have posed no threat to national security. (Finding 16)

The Advisory Committee recommended that the Administration,

与国会一起,认真考虑修改1990年与铀矿工有关的《辐射暴露赔偿法》的规定,以便为在地下就业时间最小的所有就业时间(例如1年)之后的所有矿工提供薪酬,而没有需要特定的曝光水平。还应对该法进行审查,以确定是否应将赔偿的文件标准自由化。(建议7)

回复

政府同意,1990年的《辐射暴露赔偿法》(RECA)目前并不确保所有因采矿就业而遭受肺癌的铀矿工获得赔偿,并且应修改RECA以更好​​地实现这一目标。政府提出了一项法案,该法案将对肺癌的法定补偿标准进行重大修改。该法案将使该法律与当前的科学联系起来,并将解决有关该法案的覆盖范围提出的一些公平问题。金博宝正规网址政府将强烈敦促第105国会制定该法案。

Proposed legislative changes to RECA:Congress enacted RECA to provide compensation to certain groups of people who developed radiation-related diseases as a result of radiation exposure from the government's Cold War nuclear weapons program, including military and civilian nuclear weapons test participants, and people living "downwind" of the Nevada Test Site. In addition, the Act recognizes the tragedy created by the government's failure to use available resources to ensure that the companies and individuals operating uranium mines in Arizona, Colorado, New Mexico, Utah, and Wyoming between 1947 and 1971 provided adequate ventila-tion in the mines to reasonably reduce the risk of radon-induced lung cancer. The Act provides for compensation to some affected uranium miners, but ACHRE questioned whether the eligibility requirements for compensation were fair and reflected our present scientific knowledge about the effects of radon.


政府提出了一项法案,该法案将对铀矿工中的肺癌的法定补偿标准进行重大修改。The Administration's proposed changes to RECA are supported by an analysis undertaken by an ad hoc committee of government scientists and attorneys with experience in radiation exposure and claims. Their analysis is available in a report, Final Report of the Radiation Exposure Act Committee, which was submitted to the Human Radiation Interagency Working Group in July of 1996, and is available on the Internet (www.ohre.doe.gov). The Administration's bill proposes amendments in three key areas. First, current law requires miners to show that they were exposed to a threshold of 200 working level months of radiation (for nonsmokers) and 300 to 500 working level months (for smokers, depending on the miner's age at the date of diagnosis of disease). The Administration's bill would substitute new criteria for compensation based on an updated scientific analysis of risk factors for lung cancer from uranium mining. Specifically, the criteria include: cumulative exposure, age at which the miner developed cancer, and time since last exposure. These criteria would ensure full compensation to miners with lung cancer where the government's best estimate indicates that the miner's exposure to radiation in the uranium mines is the probable cause of his or her lung cancer. The Administration recognizes, however, that there are documented uncertainties inherent in the process by which the criteria were generated, including uncertainties in the radiation measurements used to calculate miners' exposure. Up to now, the eligibility criteria in RECA have not accounted for these uncertainties. The administration proposes to incorporate known and quantifiable uncertain-ties into the compensation scheme, so that, in effect, miners are given the benefit of the doubt. In those cases where it can be concluded that a miner's exposure to radiation was the cause of his or her lung cancer only by resolving the uncertainties in favor of the miner, the Administration proposes to provide partial compensation to the miner. The second major change in the Administration's bill responds to ACHRE's concern that conditioning compensation based on specific radiation exposure levels is too burdensome for some miners to prove and the historical exposure data are too uncertain a base for compensation decisions. Under current law, compensation is based in part on cumulative exposure to radon; the Administration's proposal would continue to allow miners to qualify in this manner, albeit under new, fairer exposure criteria. The Administration's bill would also allow the duration of employment in the mines to be used as a surrogate for exposure in determining whether a miner qualifies for compensation. This change reflects the reality that accurate measurements of radon levels do not exist for many mines, and that the measurements that do exist do not necessarily record the miners' actual exposures.
政府提议的RECA更改得到了由政府科学家和律师委员会进行的分析,并具有在辐射方向和主张方面经验的经验。第三,拟议的法案扩大了下风和现场核试验参与者的可补偿疾病清单,以反映当前的科学。政府提议的法案及其分析的文本已与本报告有关附录d

建议对RECA的法规更改:Achre描述了许多公民对RECA管理的担忧。这些担忧的重点是文件要求的困难以及其他根据该法寻求赔偿的人的负担。政府对法规进行了彻底的审查,目的是使其更加公平,更直接。尽管这些是最重要的目标,但规范领域还必须有效地实施RECA中的局限性和要求。这些努力的结果是对规则的一系列提议更改,旨在减轻寻求赔偿的人的某些负担,而无需牺牲决定特定索赔人是否有资格获得赔偿的准确性。这些法规将很快发布。政府预计,由于这些立法和监管的变化,额外的铀矿工和其他人将有资格获得赔偿。


Achre描述了许多公民对RECA管理的担忧。

ACHRE Finding and Recommendation on Compensation of Other Exposed Populations

The Advisory Committee found "that for both the Green Run (at Hanford) and the RaLa tests (at Los Alamos), where dose reconstructions have been undertaken, it is unlikely that members of the public were directly harmed solely as a consequence of these tests." (Finding 14)

The Advisory Committee recommended that the Administration,

together with Congress, give serious consideration to amending the provisions of the Radiation Exposure Compensation Act of 1990 to encompass other populations environmentally exposed to radiation from government operations in support of the nuclear weapons program, should information become available that shows that areas not covered by the legislation were sufficiently exposed that a cancer burden comparable to that found in populations currently covered by the law may have resulted. (Recommendation 5)

回复

政府同意咨询委员会对暴露人群的公平待遇的关注。DOE已经对汉福德核设施附近的社区以及包括Fernald,Savannah River,Rocky Flats和Oak Ridge在内的其他地点进行了研究,以确定DOE设施的运作是否会增加癌症。如果这些研究得出结论认为癌症的增加,政府将与国会合作,修改现有法律以涵盖受影响者。DOE为一般会计办公室提供了当前正在进行的所有研究的清单,并为其完成的估计时间表提供了时间表。

ACHRE Findings and Recommendations on Compensation of Veterans

The Advisory Committee found that
some service personnel were used in human experiments in connection with tests of atomic bombs. The Committee finds that such personnel were typically exposed to no greater risks than the far greater number of service personnel engaged in similar activities for training or other purposes. The Committee further finds that there is little evidence that the 1953 Secretary of Defense Nuremberg Code memorandum was transmitted to those involved with human experiments conducted in conjunction with atomic testing. However, some of the requirements contained in the memorandum were implemented in the case of a few experiments, appar-ently independently of the memorandum. The Committee also finds that the government did not create or maintain adequate records for both experimental and nonexperimental participants. (Finding 12)

咨询委员会也认为“although there was a real possibility that human subjects research had been conducted in conjunction with the bomb tests, the tests were not themselves experiments involving human subjects." The Advisory Committee further noted that "while the studies all took place in the context of the atomic bomb, and therefore involved some potential exposure to radiation, none of them were designed to measure the biological effects of radiation itself (as opposed to the levels of exposure)." The Advisory Committee recommended that the Administration, together with Congress, give serious consideration to reviewing and updating epidemiological tables that are relied upon to determine whether relief is appropriate for veterans who participated in atomic testing so that all cancers or other diseases for which there is a reasonable probability of causation by radiation exposure during active military service are clearly and unequivocally covered by the statutes. (The Radiation-Exposed Veterans Compensation Act of 1988 and the Veterans Dioxin and Radiation Exposure Compensation Standards Act) (Recommendation 6)

咨询委员会进一步向人类放射机构间工作组建议,它审查现有的管理原子退伍军人赔偿的现有法律是否以最佳的方式分配资源在合格的原子退伍军人和包括成本和包括成本和包括的成本和包括的费用和包括的成本之间进行管理。剂量重建的科学信誉。

回复

The Administration agrees with these recommendations. The VA will update the epidemiological tables and has reviewed the implementation of these programs to seek ways to make them fairer and more efficient.

成千上万的退伍军人暴露于辐射 - 那些参加了原子测试的人,那些是美国占领广岛和长崎的一部分的人,以及许多人在职责中受到辐射。总统已经意识到,我们欠武装部队为国家服务的男人和女人的特殊义务。总统最近说

。。。[o]您的国家可以面对我们行动的后果。。。即使伤害是意想不到的,我们也会对所造成的伤害负责。。。我们将继续纪念那些为我们国家服务并付出了很多钱的人。 Nothing we can do will ever fully repay the . . . veterans for all they gave and all they lost . . . but we must never stop trying.
以这种精神,政府考虑了与退伍军人有关的辐射暴露问题。金博宝正规网址

Current law authorizes comprehensive VA health care for veterans who were either atomic test participants or who served in the postwar occupation of Hiroshima or Nagasaki, and who suffer from radiogenic diseases (diseases caused by radiation). This care is provided, free of charge, regardless of whether these veterans' diseases are determined to have resulted from radiation exposure during service. Veterans are also eligible for compensation based on their radiation exposure during their service if they have radiogenic diseases and their claims otherwise meet the criteria for benefits. In determining whether certain claimants qualify for compensation, VA uses radioepidemiological tables. The Advisory Committee recommended that these epidemiological tables be updated to reflect the latest scientific information. The government will contract with preeminent scientists to update the tables. The project is expected to take approximately 2 1 /2 years. The Departments are considering a proposal from the Institute of Medicine, part of the National Academy of Sciences, to accomplish this update. The updated tables will more accurately identify whether there is a reasonable probability that certain diseases were caused by radiation exposure.


总统已经意识到,我们欠武装部队为国家服务的男人和女人的特殊义务。
Implementing existing law:The Advisory Committee also recommended that the Administration examine and respond to the criticisms that have been made of VA's implementation of existing compensation laws. The Advisory Committee noted numerous concerns voiced about the claims process. The Administration takes these concerns seriously, and has taken several steps to respond. At the same time, the Administration has found that in some cases the system strikes a reasonable balance among the legitimate goals of fairness, speed, and accuracy in the decisions made by VA.

First, reported concerns included whether the list of diseases for which compensation is available is fair. VA currently provides benefits for veterans exposed to radiation based on two separate statutory schemes. The Radiation-Exposed Veterans Compensation Act of 1988 provides that if a veteran has a disease listed in the statute, and meets the criteria for exposure, the veteran is entitled to benefits. Thus, for qualified veterans, the list of compensable diseases establishes a presumption of a service connection. This approach has the advantage of simplicity and goes as far as possible toward providing the benefit of doubt to the claimant. It does, however, qualify some people for benefits for whom there is a low probability of a connection between their in-service exposure to radiation and their disease.

暴露于辐射的退伍军人还可以根据《退伍军人二恶英和辐射暴露赔偿标准法》寻求福利。根据本法案发布的法规需要确定该疾病既具有放射原性,又与退伍军人在服役期间接触的辐射的类型和数量有关。实施法规包括索赔人不必证明是由辐射引起的疾病清单。然后,HHS的流行病学表提供了其他信息,以帮助VA裁决索赔,并为索赔人提供一定的可预测性。这种方法有可能在确定服务连接方面更加准确。但是,由于多种原因,它受到了批评,包括流行病学表已过时,该系统造成了艰难的举证责任,并且对于索赔人和政府而言,该过程很昂贵。


政府将与杰出的科学家签约,以更新用于确定辐射诱发疾病概率的流行病学表。
政府已采取步骤使这一索赔流程更好。1996年9月,退伍军人事务部提议将所有形式的癌症包括在被公认为放射原性的疾病清单中。该提案将意味着将根据个人的估计剂量和所有其他相关信息来评估每个主张,但不再需要表明癌症是放射性的。此外,政府还与退伍军人环境危害咨询委员会(VACEH)合作,该委员会是一个独立的小组,审查了与辐射引起的疾病有关的科学文献,以确定是否应将其他疾病添加到疾病清单中。Vaceh对他们认为的科学论文的讨论和引用的笔录可从VA获得。随着新信息的可用,Vaceh将仔细审查它,并建议秘书是否有必要进行更改。Achre指出,与支出的补偿金额相比,许多人对剂量重建和科学研究的投资水平提出了疑问。政府的观点是,我们欠退伍军人,既详细介绍了与服务相连的疾病的事实和补偿。弗吉尼亚州和国防部已大力投资,以确保为服务期间可能会暴露于辐射的每个退伍军人提供完整而公平的信息。剂量重建(包括其方法)已被独立评估。 Every veteran who seeks compensation needs this information, and it can be enormously frustrating for veterans when the information is incom-plete or indeterminate. The principal reason the government has spent more on dose reconstruction than on compensation is that the dose reconstruction has suggested that most veterans were exposed to levels not expected to cause a significant increase in risk for disease. Unfortunately, there is no shortcut to this information, and it has been expensive to develop.

Achre指出,已经提出了有关辐射相关索赔的上诉程序的投诉。VA认识到必须做得更好,以满足退伍军人的需求,并正在采取步骤来改善薪酬索赔处理。例如,VA正在重新设计索赔过程,以在提出索赔的资深人士,退伍军人的代表和VA雇员处理该索赔的情况下提供合作伙伴关系。VA将讨论所需的主张,问题以及所需的证据。金博宝正规网址一旦做出决定,VA将与退伍军人和退伍军人的代表讨论,并在必要时提供帮助,为任何上诉审查提供索赔。VA认为,这种个人互动将导致更好,更快的决定,并将提供透明的索赔程序。

VA remains open to other reforms that will make the process of deciding claims fairer and more streamlined.


政府的观点是,我们欠退伍军人,既详细介绍了与服务相连的疾病的事实和补偿。

关于马歇尔岛民赔偿的Achre发现和建议

The Advisory Committee found that
[a]s a consequence of a U. S. hydrogen bomb test conducted in 1954, several hundred residents of the Marshall Islands and the crew of a Japanese fishing boat developed acute radiation effects. Some of the Marshall Islanders subsequently developed benign thyroid disorders and thyroid cancer as a result of the radiation exposure. Surviving Marshallese also may remain at elevated risk of thyroid abnormalities. (Find-ing 16)
咨询委员会建议,只要裸露的人口中的任何成员仍然活着,美国政府应继续为马歇尔群岛公民进行当前的医疗监测和治疗计划。此外,ACHRE建议政府考虑将其他暴露于南部和东部的暴露环礁的种群增加;政府使马歇尔岛民参与对他们进行的任何进一步的医学研究的设计;并且政府建立了一个独立的小组来审查当前监测和治疗计划的充分性。(建议8)
VA认识到必须有更好的工作来满足退伍军人的需求,并且正在采取步骤来改善薪酬索赔处理。

回复

政府认识到马歇尔群岛当前的医疗服务计划中的困难和不平等,从根本上同意了Achre的建议。这些建议涉及旨在为马歇尔群岛公民提供利益的计划的范围和有效性,因为它们会受到大气测试的放射性影响。在讨论Achre提出的特定建议之前,适当地阐明政府对实施这些计划的愿景。DOE已对马歇尔群岛共和国(RMI)计划进行了重新定位,以支持对本计划的一部分提供的更多本地参与和控制提供的资源。这种重新定位意味着美国政府与马歇尔人在有关该计划的可用和现实目标的资源以及DOE和内政部(DOI)计划的更好协调方面进行公开讨论。这些任务正在进行中。

The heads of delegations of the Government of RMI, the DOE, and the U. S. Departments of State and Interior held a meeting in May 1996. A Joint Communiqu� was signed that outlined a path forward to address the basic ACHRE issues of concern to the Marshall Islands people. At a subsequent meeting on June 7, 1996, a 30-day action plan was mutually agreed upon. This action plan establishes objectives for eight working groups and a time table for achieving these defined objectives. These objectives include how best to include RMI in decisionmaking on future direction of programs and in evaluating the DOE Marshall Islands medical program.


DOE对马歇尔群岛共和国(RMI)计划进行了重新定位,以支持该计划的一部分,以支持更多的本地参与和控制可用的资源。
The Republic of the Marshall Islands decided to address all eight working group issues by hosting a meeting in Majuro, Marshall Islands, on January 29� 31, 1997. The U. S. Government (USG) agreed to fully address four of the working group issues and to discuss issues in the other four working groups, with meetings of these working groups to follow at a later time. The meeting was conducted as bilateral discussions with decisions reached, successes achieved, and forward actions identified to meet the objectives of the four working groups held. The meeting was attended by the leaders of the RMI Government and Local Atoll Government Councils. The U. S. Government was represented by the DOE and their contractors, as well as the Departments of State and Defense.

一月玛格罗会议的主要结果是成立了一个联合USG/ RMI委员会,该委员会共同处理了与Rongelap和Utirik暴露社区的当前医疗交付过程有关的四个工作组问题。金博宝正规网址马歇尔群岛呼吁进行开放的竞争过程,该过程将比当前的每年两次医疗任务更频繁地提供基于社区的医疗服务计划。该委员会设定了一个加速的时间表,以在1997年中期发布在联邦公报上发表的公开竞争工具,并在1998年日历年后的后期进行了新的医疗交付过程。

对DOE马歇尔群岛医疗计划的独立审查仍在讨论中。应RMI政府的要求,对这种审查的机制进行了重新评估。RMI要求进行更广泛的历史审查,这可能是由国家研究委员会/国家科学院进行的。该部门正在考虑使用蓝带面板作为本次审查的另一种可能的机制。DOE还与RMI合作,系统地审查和收集历史文件,这将有助于完成美国马歇尔群岛中大气测试的记录及其对其人民的影响。作为这项工作的一部分,DOE还提供支持,以促进马歇尔访问这些文件和以前收集的文件。文档正在扫描到通过互联网可用的电子检索系统中,这使得可以搜索许多与RMI关注的直接相关文档。

正如Achre所建议的,政府计划继续支持当前的监测和治疗计划。该计划是我们国家对那些受原子测试计划受到伤害的人的承诺的重要组成部分。

正如Achre所建议的那样,政府已经考虑了该计划中是否应包括其他人群。马歇尔群岛(Marshall Islands)进行辐射暴露迄今的广泛分析表明,对Ailuk和其他北部马歇尔岛环礁居民的暴露量比Rongelap少30至90倍,约有10%至25%的位于Utirik,位于Utirik,位于Utirik,位于Utirik的次数。外部剂量测量和甲状腺剂量的估计。因此,政府不认为应将其他人口添加到医疗监视计划中。辐射暴露与甲状腺疾病之间的联系是DOE发起并由CDC管理的几项正在进行的研究的主题。如果这些或其他研究揭示了新的数据,以表明除rongelap和utirik以外,除了比基尼的南部和东部的居民,健康风险大大增加,DOE将建议对当前医疗监视计划进行任何必要的扩展。


DOE还正在与RMI合作,系统地审查和收集历史文件,这将有助于完成马歇尔群岛中美国大气号测试的记录及其对其人民的影响。