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WRONGDOING, AND CONSIDERED PREVIOUS COMPENSATION
LEGISLATION, SUCH AS THE CIVIL LIBERTIES ACT OF

1988, WHICH COMPENSATES JAPANESE-AMERICANS WHO WERE

IN INTERNMENT CAMPS DURING WORLD WAR II, AND THE

RADIATION EXPOSURE COMPENSATION ACT OF 1990, WHICH

COMPENSATES THE RESIDENTS WHO LIVED DOWNWIND FROM

THE NEVADA NUCLEAR TEST SITE AND THE WORKERS WHO

PARTICIPATED IN THOSE TESTS OR MINED URANIUM FOR THE

GOVERNMENT.

ON FEBRUARY 2, 1994, THE SUBCOMMITTEE HELD A

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TRUE, THESE HUMAN EXPERIMENTS COULD BE AMONG THE

MOST EGREGIOUS THAT HAVE BEEN BROUGHT TO LIGHT YET.

OUR TASK IS TO EXAMINE THESE TESTS, WHETHER THE

SUBJECTS GAVE INFORMED CONSENT TO PARTICIPATING IN

SUCH TESTS, WHAT HARM RESULTED FROM THE TESTS, AND

WHETHER COMPENSATION IS APPROPRIATE.

I WOULD LIKE TO THANK CONGRESSMAN DAVID MANN, A

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THE SUBCOMMITTEE ALSO WOULD LIKE TO WELCOME

CONGRESSMAN ROB PORTMAN TO THIS SUBCOMMITTEE

HEARING. WHILE CONGRESSMAN PORTMAN IS NOT A MEMBER

OF THE JUDICIARY COMMITTEE OR THIS SUBCOMMITTEE, AND

THE JUDICIARY COMMITTEE'S POLICY DOES NOT ALLOW NON

MEMBERS TO QUESTION WITNESSES AT COMMITTEE HEARINGS,

I THINK IT IS APPROPRIATE IN THIS INSTANCE FOR

CONGRESSMAN PORTMAN TO SIT WITH THE SUBCOMMITTEE,

BASED ON HIS EXTENSIVE INVOLVEMENT WITH THIS ISSUE.

I THINK CONGRESSMAN PORTMAN'S INVOLVEMENT IN THIS

HEARING IS AN UNUSUAL CASE, AND I DO NOT INTEND FOR

HIS INVOLVEMENT TO BE A PRECEDENT FOR FUTURE

SUBCOMMITTEE OR COMMITTEE HEARINGS.

THE SUBCOMMITTEE EXPECTS TO BE INVOLVED IN THE

HUMAN TESTING ISSUE FOR SOME TIME TO COME. TODAY'S

HEARING IS JUST A STEP IN THE PROCESS, AND DOES NOT

FOCUS ON ANY PARTICULAR LEGISLATION. WE EXPECT TO

HAVE MORE HEARINGS BEFORE WE CONSIDER WHETHER TO

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LEGISLATE IN THIS AREA, AND WILL BE WORKING CLOSELY

WITH THE CLINTON ADMINISTRATION IN FASHIONING AN

APPROPRIATE RESPONSE.

WE APPRECIATE THE PRESENCE TODAY OF ALL OUR

WITNESSES AND COMMEND THEM FOR THEIR PREPARATION.

WE REALIZE THAT WITH SO MANY WITNESSES THERE WILL BE

LIMITED TIME FOR MAKING YOUR STATEMENTS AND

ANSWERING QUESTIONS TODAY. HOWEVER, ADDITIONAL

MATERIALS AND ANSWERS MAY BE SUBMITTED AT A LATER

DATE.

I NOW RECOGNIZE CONGRESSMAN DAVID MANN TO MAKE

AN OPENING STATEMENT.

CONGRESSMAN PORTMAN, WOULD YOU LIKE TO MAKE AN

OPENING STATEMENT?

NEWS from
Congressman David Mann

First District

Ohio

The Statement of
The Honorable David Mann

April 11, 1994 Mr. Chairman, I would like to thank you for agreeing to convene this hearing today. As you know, I have been working very hard to uncover the facts with regard to the radiation tests performed at Cincinnati. General Hospital in the 1960s and 1970s and I believe that this hearing will help to uncover evidence previously unknown and put some logical order to the information already available to us.

I would like to thank the witnesses who have agreed to testify before us today. My heart goes out to all of the family members of the patients we will discuss during this hearing. I know that reliving the illnesses of your loved ones some twenty years ago has brought you real pain. Three of you will sit at the witness table today, but I know many more of you would have liked to share your stories. I would like to ask for unanimous consent that all of the written statements submitted to the Subcommittee and our offices be included in the record for today's proceedings.

I would also like to recognize and voice my appreciation for witnesses who will present their candid views of the radiation studies, Dr. Egilman, Dr. Stephens, and Dr. Cox. I would like to thank Dr. Soper from the Department of Defense for presenting testimony on the DOD record retrieval process and President Steger for his testimony on the University's efforts to help investigate this matter. And I would like to thank Dr. Saenger for his willingness to present his views on the radiation experiments and to answer the many questions this Subcommittee will pose.

What we know to date, Mr. Chairman, is that some 87 patients received whole and partial body radiation in experiments funded in part by the Department of Defense. We know that the patients involved were diagnosed with various forms of cancer believed to be terminal.' We also know that while they may have consented to the treatment, many or perhaps all of them were unaware of the Department of Defense interest in their conditions and many or perhaps ali were unaware of the potential side effects of the radiation. We also know that written consent forms were not used until the mid 1960s.

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