Locating Records of Department of Defense Human Radiation Experiments (Includes Specific Direction for Locating Records of Department of Defense Human Radiation Experiments)

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ASSISTANT TO THE SECRETARY O F DEFENSE MEMORANDUM FOR SECRETARIES OF THE MILlTARY DEF'ARTMENTS (=HAIRMAN OF THE JOINT CHIEFS OF STAFF UNDERSECRETARIES OF DEFENSE ASSISTANT SECRETARIES OF DEFENSE ASSISTANTS TO THE SECRETARY OF DEFENSE DIRECTOR OF ADMINISTRATION AND MANAGEMENT DIRECTORS OF THE DEFENSE AGENCIES Locating Records of DoD Human Radiation ExperimentsSUBJECT On January 7,1994, Stcrctary Aspm informed you that he had appointed me as the DoDwide focal point for the review of human radiation experiments. and noted the high priority this task will rquire. He also directed that no rccords of buman radiation txpcriments be destroyed. Bascd on the recommendations of the DoD working group. which I chair, this mrmoiandum provides specific procedures for locating records of DoD humaa radiation experimmts. In the coming months, we will haw rupkmcnts to carry out a number of important tasks, including: retrieval and inventory of all records of DoD human radiation quimcr~ts; provision of information to the Adviso~yCommitta on Human Radiation Experiments, established by the Presideat Jarmary IS; notificationto subjects or nact-of-kin of human radiation errperimmts; nsponst to inquiries from citizens to the Department of Energy telephone hotline; release of i n f o d o n to the public; and othen. To carry out tbese tasks,a Command center bas been cstablishd and other ground work begun We arc now rrady to procad with the formal informationgatking process. OurobjsctiVe in this is to 'just get the kts" and our rtratcgyis to quai= to the field. W Ithis asthe guide, I request from each addresee, by February 14,1994, an initial report,and by February 28, a completc report, each conskthg oftwo parts. Part I is the identificationof DoD omundathe authority of each dddressa that, based on their missions and activities, might have conducted or sponsored human radiation qwhats, together with an identification of the archives or records centers whae records concaning such experimmtS might exist and a description of the steps taken to search those records. This information is needed both to document the mmplamess of the s u ~ c c hand to establish a data rully arm the c o d cmtawith as many ofthe fadsas pooslilein order to minimirr repeated

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basc for resolving inquiries receivedthrough the Energy Department's hotline. Part II is M identificationof each possiile human radiation expaimmt and the location of records regarding each arch ocpaimcnt. Guidance will kta be provided, &ex m-on with the Human RadiationInteragency W&g Group, mncuning procedures for actual retrieval ofthe records. At present.the rcq- is only to identify thcm m the requested reports and to assure their Tbc attachedguidance provides a definition of the scope of the records scar4 the requested fonnat for the reports, and other specifics. Inquiries regarding thic matter should be dirtcted to Dr. Gordon K Sopcr. principal Deputy, ATSD(AE), at (703) 697-5161. Thank you for your attention to this knportant matter.

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SPECIFIC DIRECTION FOR LOCATING RECORDS OF DOD HUMAN RADIATIONEXPERJMENTS The Interagency Workkg Group has adopted the following dciinition of "humanradiation (1) Experimcnis on individuals involving intdonal exposure to i0-g radiation. This category does not include common and routine diaical practices, such as established diagnosis and treatment methods, involving incidental exposures to d a ' p e d to test hurnan health effects of ionizing radiation; or (B) were designed to test the extent of human exposure to ionizing radiation. The Interageow Working Group has also iduuEcd several s p d c experiments for inclusion within the scope of the records SeKCh They arc: (1) The experiment into the atmospheric diffusion of radioactive gases and test of detectability, commonly refend to as "the Green Run test," by the former Atomic Energy Commission (AEC) aad the Air Force in Dcccmber 1949 in W o r d , (2) Two radiation Wartirn field Ocpaiments conducted at the AECs Oak Ridge office in 1948 involving gamma radiation r e l d eom non-bomb point BOUTCCS at or near ground level, Si tests conducted during 1949-1952 of radiation wsrfare ballistic dispasal devices containkg radioactive agents a! the U.S.Army's Dugway, Utab &, Four amosphaic radiationtraclring tests m 1950 at Los Alamos, New Mexico; For purposes of the identificationprocess, the scope of the search includes all human Any other similar human radiation experiments that may Mer be identified by the

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radiation cxpaimmts conduded h m 1944 to present. HOWWCX,npcrimcntS conducted after May 20,1974 (the date of issuance ofthe Dqarlmmt of Health, Education and Welfare RtgulMions for the Protection of Human Subjects, 45 CFR Part 46). n u t be dcarty identified as atpaimmu fi-om 1944 until May 20,1974. The diffaencesin reqkemcntsfibe explaiaed Former military pcnonnel exposed to ionizing radiation incident to the atmospheric nuclear test program and/or the occupation ofHiroshima and Nagasald are covered by the existing Nudear Test Pu-somelReview (NTPR)program and by existing corn pad on mechanisms. They are not included in the scope of this records identification process. Each DoD component quested to submit a report must id- an individual in the component as the component's coordinator for the &ort to locate records of human radiation experiments. This individual will be rcspomile for the acunncy and completeness of the required reports, and will serve as the contact person for the Command Center. Each report must identify the name,title, address, telephone number, and tel* number of the reportingorganization's Part I oftbe requested report mqud the identification of DoD or pi dons that rnight have conducted or sponsored by emtract or grant human radiation acpaimcnts. Guidelines for this task indude the following. coaducted or sponsored human &On experiments must consider, ifthc organidon is nm since 1944, the auivitisofany predecessoro r ph tion . Each or pid on identified as one that might have conducted or sponsored human radiation errpaimenU must id- archivts or records centers whar rccords of such experiments, ifconducted, might be locaicd. This must include any archives where such records of any prcdccessor orgsni2atonsmight be located.

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Also under Part I of the requested p r t , each orrmn;nh'on identified as one that might bave conducted or sponsond human radiation arperimmts must, for Wad for any predecessor organkdion, document that it attempted to determinewhether it has conducted or rponsod any such experiments. Spccidc methods for searchingmay vary based on organization practices and mrds systems. Methods might indude: search for all published and uapublishcd npom of resuLTch hdings; micw of the oganization's contnrctr ador grants records, queries to ament or fonncr anployces with knowledge of historical rcrivities. Each step of the process should be documented and dtscribed in Part I of the organization's report. In addition, each orgaridon must maintain a complete 61e of all relevant rnamda, meeting notes, electronic mail messages.notes of telephone convemttions and all otha mataialo that doarment the search activities of the organidon As described fiYther Mow, Part II of the requested report i d d e s speciSc experiments possibly within the scope of the s u c h and begins the reporting of kty kcts regarding the acpaiments. Guidelinesregardiug this part of the process follow. For purposes of this initial identification of- experimeny organizations submitting repom should err on the side of inchrdon Reported activities that am outside the scope of the records search can then be excluded prior to actual m r d s retrieval. (7bowldge of dated .ctivities,although outside the scope,will help the Command Center deal with inquiries expected h m the public through the Energy Department hothe.) Experimentst0 beinduded in the identifucationproceJs arc all those conducted by r DoD orgarrization, or predecessor orgahdon, or sponsored in whole or in part by a DoD organization or predecessor organidon through a contract or gram For this pwpose, a undastanding or other similar doarment establishing an agreaaent between a DoD ogaaization and Mother party wncuning a buman radiationarpaimmt. In cases in whicb more than one DoD organidon was involved, or an agency outside

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DoD was involved, it is important to identifj. which agency should be considered the lead agency. Tbia will help avoid duplication of effort m recordsrarievJ activities. Ifit is not clear which organization wns the lead agency. rrspective acthitics of the imrohred agenaes should be dcscn'bed so that M appropriate auignmCnt of lead nsponsbilay for rccords d e v a l activities Part II of the requested nport also i d d e s existing records &g to the poss%le humanradiation experiments that have bccn identified. Guidelines regarding this pan of the "Records"includes a wide range of mat& including repom, Ictters, manoranda, notes, drafts.logs, handwrina notes, wrinm procedures. medical rum& and any other writings and documents, as wJ1 as photographs, charts, bwings, machine readable materials.video tape, audio tape, computerized info don, and any other mum of physically dcvable information. The effort to locate m r d s is restricted to records that currently &. In the e v a of an expuimcnt for which some or all records that may have at one time existed cannot now be found, the task of locating records dots not q u i r e an effort to recreate rccords regarding individual experiments. Ifthcn is a need to reconstruct additional info don regarding particular expaimentg, that will be undertalcen separatdy, purarant to instructions govcrning arch a task Pending Mer guidance on rccords retrieval piocedunq DoD organizations should make initial preparations for submission of documents to 1 centnl repository. Thesc initial preparations indude idcnti5carion ofany ClasJifiCation'ksUes that need to be considered, determinations rccordq and steps to assure the safekeeping oftherccords. It is anticipated that when retrieval proadures are established,the orgdzation win be requested to make two copies ofthe recon.& o m for submkion and ollc ikretmtion by the organintionfor purpose0 ofany m foI low - u p aaivitim and to nhlrnthc original donrmmtstothc proper archives or records repository. Howcver, pending instructions on records d c v a l pmxdum, TCCOT~BM not to be forwarded to the command cents or other repository. M e r , the records must be maintained by the organizaton in the original m r d t series in accordancewith the organization's established rccords managcmerrt system. regardkgthe adstmce of my other mxxds nlatingto the Cxpuimmorganirationofthc

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As instructed in S q Aspin's January 7 memorandum, each organbtion must asme that records relabg to human radiation research arc pnsavod and not destroyed. Persons responsible for routine records disposal proceduns must be adviscd of the need to prtspve these Thc Interagency Working Group has established the policy that agencks should, upon locating records of human radiation experiments within the scope of this records search, review the records for national seWity Clwjfication and should declassify such records as soon as practicable and to the maximum extent possible. CIasSificd info don must be revid by the appropriate classifidon authoritiesbefore declassificationprocedures. Ifthere are documents within DoD's possesdon for which another agency is the original classification authority. that agency nust makc the ddaminarion to dtclarsify the i n f o d o n Evcy &ort sbouid be made to expdte this declassification process. When an wganization determines that records of a human radiation expaiment may be in the possession of a contractor or grantee of the orgaaization, the organioltionmust document the nature of those records and makc plans to pursue retrieval. The organization should aitunpt to h d the governing cwrmct orgnuit documcnta pertainingtothe mearch project or program involved and should obtain the &stance of the organization's StaEJudge Advocasc or legal a i d to detumiue rights and obligationspursuant to the goVaning documents. These &ties should p r d on an expdted basis. Because there may be personal privacy, scunity cl@&on, or other &ctions on the release of m r d s of human mdiation cxpuimcnts, it isd that DoD organizations not

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release records to the public, unless the release has bem approvcd by the Command centa. Guidancewill be provided in the very near &methrough Freedom of InformationAct The following formal will assist in the cornpilaton of the information requested. In any case in which the reporting organizdon has no information to report, a negative report is 1. Identify each organhtion that,based on d o n or activities, might have conducted or sponsored humanradiation experiments. Give name and location(s) of the organitation and namc(s) and location(s) of any predeccssor organizations that might have conducted or sponsored 2. For each organization identified in item 1. identify the location(s) of records of the organization where records of human radiation experiments, ifconducted or sponsored, might be located (or have been located). 3. For each organization identified in item 1 md each records repository i d d e d in item 2, describe in detail the CEO-undertaken to determine ifrecords exist of human radiation experiments. List all files and file systems searched and all individuals consulted. possible human radiation expnimeats wcrc found, and,ifw, id- the experiments. much of the following informaton as is p m d y possiie. Start each separate clrpaimcnt on a 4. Based on the results ofthe searcb desaibcd in item 3. state whether any records of For each posdble human radiation expaiment identified in item 4 of Part I, provide as 1. Id&@ the possiilt human radiation experiment. 2. State where and when it took place. 3. Idem the primary nsarrcha(s).

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4. Identify the organirations aad entities involved in the arpaimmt, IncludeallDoD orpaniZations, any other fed& agency h v o M in conducting or sponsoring the project, and any contlacton, grantees, or other @es. Identify the DoD ofpization d o r the otha agency that was the lead agency. 5. Indicate the number ofhuman subjects ofthe cx peri ma Indicate any available information on known charactaistics ofthe class of subjects, such as: active duty mrmbcrs, das, aracial or ethnicgroup, prisonaqinstiamonalizcd pa~onsmedical patienu, children, pregnant womm Indicate whether available info don indudes names or other 6. Summarize the experiment, including an identification of the purpose of the experiment and the MWCof the use ofionizing radiation. As atamplu of the types of information that would be helpful, if available information permits, prdimhdy clasdfy the possiile human radiation experiment into one of the following categories. (Note that these categories arc solely for the purpose of obtaining prdimirmy i n f o d o n about the cxpaimcnt that may facilitate organizaton ofthe records retried proctss. These arc not official classifications for any purpose. In addition, not all of thesc categories are noxssdy within the actual scope ofthe tecocdp search activity, but might be involved in the initial idcnti6don because of the guidance to QT on the side of inclusion of all opssiblc human radiation experiments.) . .(4v- the purpose of the experimem was to tcst the human health e f f N of ionizing radiation Example: subjects exposed to radiation for the purpose of measuring adverse reactions. to test the safety and efficacy of ushg i o e g radiation to diagnose or peat a discase or medical condition. ExMlple: clinical fEsearch on bone marrow bansplantation accordance with a routine,diagnostic procedure. Example:dof effects of dental coating to peat cavities, monitored througb periodic d d X-rays. on results or side effects. Example:purpooe,notardpurpose,butdafawaemaimained radiationused as cancer treatmenfwith data reported on ride &ck. - the use of radiation was for a medid treatment(d)-. …