Response to the Honorable Richard L Ottinger's Request for Further Clarification of Radiation Experiments Performed on Human Subjects

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Response tothe Honorable Richard L. Ott in ger ' s Request for Further Clarification of Radiation Experiments Performed on Human Subjects 1. a ) The transmittal memorandum from Assistant Secretary ' Tri vel piece to ' the Secretary states that : "Many of the original records are currently unavailable because they have been lost or destroyed." Please provide the Department ' s policy regarding the destruction of the medical records,legal records and other documents relating to radiological exposure of test subjects, empl oyees, m i lit ary veterans, "downwi nders'' , and residents of islands which received fallout from atmospheric bomb tests in the Pacific.Please also identify efforts made to maintain these documents, the names and addresses of the individuals to enable long - term evaluation. The Department ' s policy regarding destruction of records is contained in DOE Order 1324.2, RECORDS DISPOSITION, This Order implements requirements of the Federal Property Management Regul a t ions on theDi sposi t ion o f Records and record control schedules (FPMR Subpart 101-11.4) a s promulgated by the General Services Administration,In short,the directive contains various schedul.es that identify particular types of records and retention periods which are approved by GSA(National Archives and Records Service). Copies of the Order and the Regulations are attached.

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SUBPART 101-1 1.4 DISPOSITION OF FEDERAL 4 101-11.101 ccopr of wbput Thin rubpart prercriber policier and promulgater rtandardr. procedurer. and technique, for the dirporition of all Federal records in accordence with 44 Dirporition referr to the action8 taken with regard to ncordr following their apprairal by the National Archive8 and Recordr Service. No dirporition of any reries of recordr in authorized before Its appraisal. CI U.S.C. 2901 defines with rerpect to: (a] Dirposal of temporary records no longer necersary for the conduct of business by destruction or donation: (b) Transfer of records to Federal agency rtorage facilitier or records (c] Transfer to the National Archives of the United States of records determined to have sufficient historical or other value to warrant continued (d) Transfer of records from one Federnl agency to any other Federal The head of each agency (in and 3301) is required to establish and maintain a records disposition program to ensure efficient. prompt, and orderly reductinn in the quantity of rpcnrde and to provide lor tne proper maintenance ol records deemed appropriate for me primary rtepr in the development of a records dirporition progtam are given below. Detailr of each element Ire contained in the CSA Rccordr curtody of the agency. (b) Develop disporition rtandardr for each type or aerier of record, which rpecify whether the record, are of permanent or temporary value. (c) Formulate rpecific dirporition inrtructionr for each reries of records bared on !he dirporition of rtandards. including inrtructionr for the retirement of records to Federal recordr centers andlor tranrfer to the National Atchiver rtandardr and instructionr for each reries of recordr into a comprehcnrivp agency recordr dirporition rchedule. . (e] Obtain approval of the recordr disposition rchedule from the hrchivirt of the United Stater. (fJ Apply the approved recordr disposition rchedule to d l records ot the (d) Arscmble the dirporition

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~ hr du lo rand dlrpoul Urtr. rwordr dlrporltlon rchrdukr. Agency records rchedules approved by the Archivist of the United Stater specify the proper disporition for all agency records. Recurring reries of record8 of continuing value will be scheduled for permanent retention and eventual transfer to the custody of the National Archives, and recurring reries of all other records will be scheduled for destruction after a specific period of time based on administrative, fiscal. and legal values. Formulatidn and application of these schedules is Agencies shall forward 20 copies of all formally published schedules to the General Services Administration [NCD). (a) Formulation of comprehensive schedules. Each Federal agency rhall prepare a comprehensive records . schedule for all records in its custody. New Federal agencies shall complete comprehensive schedules within 1 year of their establishment. All .whprtiiIcc must tollow the guidelines provided (1) Schedules shall identify and describe clearly each series of records and shall conlain disposition instructions lhal can be readily applied. Schedules must be prepared so that eirch office will have standing instructions delailing the destruction. transfer, or retention of records in its custody. Upon request by NARS. records recommended lor retention longer than 10 years solely for administrative purposes must be justified in accordance with the (21 Each item describing a permanent series of records shall include an urrangemenl slatement. an estimate of the volume of records accumulated annually. a s well as the total volume to DISPOSITION OF FEDERAL or disporition instructions. or dcviationr from the General Records Scheduler approval. If any item8 on I propored rchedule have been previourly rcheduled, the procedure8 contalned in account the exirting filing iyrtem IO that destruction or transfer can be handled (5) The disposition of nonrecord materials rhould be controlled by instructions in the comprehensive rchedule. Nonrecord materials, such a8 extra copies of documents preserved rolely for reference, rtocks of proposed documents, preliminary worksheets, and rimilar papers, rhall be maintained repsrately from official agency file8 to aid in records disposition. necessary, updated annually. Agencies shall schedule the records of new programs within 1 year of their implementation. Certification of this review shall be included on Standard Form 136, Annual Summary of Records Holdings, in accordance with 0 101- (b) Provisions of comprehensive schedules. Records schedules shall (1)The destruction of records that have served their statutory. fiscal. or administrative uses and no longer have rufficient value to justify further retention. Procedures for obtaining disposal authorizations are prescribed (2)The removal to a Federal records cenler (or to an agency records center approved under 8 101-11.412)of records not eligible for immediate destruction or other disposition which are no longer needed in office space and equipment. These records are maintained by the records center until they are eligible for further disposition action: volume of current records in office space and equipment consistent with efficient (4) All rchedulcs shall take into (6) Schedules shall be reviewed and. if (3) The retention of the minimum FEDERAL PROPERTY MANAGEMENT REQUlATlONS

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SUBPART 101-11.4 DISPOSITIONOF FEDERAL (4) T h e identification of permanent mcordr. in accordance it it hf 10111.105. and the ertablirhment of cutoff periods after which permanent recordr a n offered to the National Archive1 and (c) Certification. The rignature of the authorized agency reprerentetive on the Standard Form 115. Requerl for Records Dirporition Authority. rhall conrtitute certification that the records recommended for disporal do not or will not have rufficient administrative. legal. or fircal value to the agency to warrant retention beyond the expiration of the rpecified period and that record8 dercribed ar permanent will be offered to the National Archiver of the United Stater upon expiration of the alated (d) Dirapproval of requertr for disporition authority. Requertr for records dirporition authority may be returned to the agency if the Standard Form 115 ir improperly prepared. T h e agency rhall make the necerrary correctionr and nrobmit the form to the General Servicer Administration (NCD). The disposition requeit for any item may be dirapproved and the agency notified in writing if after appraisal of the recordr the National Archiver determines that the proposed disposition i5 not conairtent with the value of the records. (e) Withdrawn items. Agencier may request that itemr lirted on SF 115 be withdrawn in order to aid in the processing (apprairal) of the remaining itemr on the rchedule. (1)If. during the mume of the appraieal procere, NARS determines that records series described by an item(r] on the proposed rchedule do not exist or are not arranged a8 rtated on the rchedule, NARS may requert the agency to withdraw the item(*) from consideration. if the agency ir unable to offer sufficient clarification. (2) If NARS and the agency cannot readily agree on the retention period for wlthdrawn at the requert of the agency. In there carer. the agency will submit ar SF 115 with a revised proporal for dirporition within 6 months of the date of approval of the original SF 115. L. not approved or withdrawn may not be 7dertroyed until a rpedflc dlrporftion ham been approved by NARS. (2) Dirporition authorlty for Item 011 approved SF 1 1 5 ~may be applied only by the ogmnizatlonal component of the agency Identified on the SF 115, if ruch rrcordr ut trarferted. the ruccersot office murt aubmit another SF 115 to rchedule the rtcords. Authority approved for Item dercribed in functional format may be applied by MY oganisational component within the approved for one agency may not be applied by another. Agencies that acquire records from another agency and/or continue cresting the same aerier of recordr previourly mated by mother agency through interagency reorganization murt rubmlt an SF 115 to NARS for disposition authorization for scheduler. The head of each Federal agency rhall direct the application of nc or dr rcheduler to emwt maximum economy of space, equipment and personnel. Three copier of each directive or other issuance affecting an agency'r records disporition program at the bureau or higher organization level rhall be rent to the General SeMccr the General Servicer Administration (NARS),govern the dirporition of certain type, of IVCO ~ Bcommon to many or all agencier. Application of the dirporition inrtructionr in there scheduler is mandatory. Servicer rhall irrue rcheduler authorizing the disporel. after rpecified periods of time. of recorda of I prercribed form or character common to several or all agencier if there recordr d o not have sufficient legal. fiscal. administrative. or other value to warrant their further preservation by the U.S. (2) General Recordr Schedules conatitiite authority to dirpore of certain records described therein. Guidelines nre 8150 provided for identifying certain permanent records which should tie General Recordr Scheduler, irrued by (1) The Administrator of General WDERAL PWOPEATV MANAGEMENT REOULA-

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qffered to the Nntionnl Archives. r (3) New items or changer in the disposition authorization for General Records Schedule recordr rupenede approved agency rchedules for the rame reries of records, unless the agency rchedule provides for a shorter retention period. Agencier murl not request authority to apply General Recordr (4) Agenciei may request authority to deviate from the disposition instructions in the General Records Schedules by rubmitting a SF 115 in accordance wilh justification in accordance with $1m- (5) Provisions of the General Records Schedules may be applied to records in the custody of the Archivist of the United States at his or her discretion rubject to the provisions of $101General Records Schedules governing the disposition of records common to several or all agencies were developed by the National Archives and Records Service following consultation with the Office of Personnel Management, and other appropriate agencies. They have been approved by the Archivist of the Schedule Number and Type of 1. Civilian Personnel Records. 2. Payrolling and Pay Administration 3. Procurement, Supply, and Grant 4. Property Disposal Records. 5. Budget Preparation, Presentation, 7. Expenditure Accounting Records. 8. Stores, Plant, and Cost Accounting 9. Travel and Transportation Records. 10. Motor Vehicle Maintenance and 11. Space and Maintenance Records. 13. Printing, Binding. Duplication, and 14. Informational Services Records. 17. Cartographic, Remote Sensing and Apportionment Records. Imagery, and Related Records. ’718. Security and Protective Service 19. Rerearch and Development 22.Derign and Construction Drawings 23. Recordr Common to Mort Offices. Committee. and Boards Records. Scheduler and lnrtructlonr for thelr am Admlnlrtration (NCD). The Archlvlrt of the United Staler announcer all now tchcduler and rchrdulc nvlrlonr In By submitting a Standard Form 115. Request for Records Disporition Authority. agencies may requol from NARS a one-time approval to dirpoie of tecordr which no longer accumulate and have no further operational or other value. This type of reque8t i s known a r a disposal list and murt be applied to the records listed when approved [.(I 101-11.405 Dlrporltlon of pormanmt The head of each agency shall direct the creation and preservation of records containing adequate and accurate documentation of the organization, functions, policies. decirionr, procedurer. and essential tranractionr of the agency (44 U.S.C. 3101). The National Archives and Recorda Service rhell cstablirh rlandards for the retkntion of thorc recorda having continuing value. and asrirt Federal agencies in applying the rtandardr to records in their custody (44 U.S.C. 2905). FEDERAL PROPERN MANAGEMENT REauunous

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SUBPART 101-11.4 DISPOSITIONOF FEDERAL $101-11.405-2 mnnttion of pormrmt ha, been determined by NARS to have rufficient value to warrant It, prerervation by the National Archlver and Recorda Service. Such a determination may take the form of (a) An approved offer lo lranrfer records to the National Archives and (b) A aerier of recorda derignated "permanent" In an agency records rchedule approved by NARS after May derignated need not be appraired for accessioning at the time the recordr a n offered to the National Archivca and A permanent record is any record that ntontloon of mordr. permanent retention of records by a fcrmal offer of record, to the Nationul Archiver following procedurer rubmitting Standard Form 115. Request for Records Dirposition Authority. m d Sttrndard Form 115-A. Requerl for Continualion. to the General Services Federal agencier may recommend the pormrnmt rrtontlon of mordr Service will determine whether or not recorda are of permanent value. If the recommendation i n submitted on a Standard Form 115. NARS will notify the agency that the recorda may be offered after a rtated period to the National Archives and Record, Service by returning one copy of the approved Standard Form 115. If the recommendation Ir made on a Standard Form 258, Request to Tranrfer. Approval, and Receipt of Recordr to National Archives of the United State,, offering the record, to the Natlond Archivcr rind Recorda Service, the agency will be given written notlcs of the final decirion. pormrmnt mtonlon of mods. If the National Archives and Records Service determines that records are not of permanent value, the agency will be given written notice of this decirion. Within 6 months of the decirion. the agency must submit a Standard Form requesting authorization to dirpore of I 101-11.406 Dlrporltlon of trmporiv be dertroyed or otherwise alienated from the Government except in accordance with 44 U.S.C. 3314. The Administrator of General Serviccr will establish procedunr to be followed by Federal agencies in compiling and submitting lirts or schedules of recorda No records of the Government rhall FEDERAL PROPERTY MANAGEMENT REUULATIONS

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PART 101-1 1 RECORDS MANAGEMENT A temporary (nonarchival) record LI any record which ha8 been determined by the Archivirt of the United Staler to have inrufficient value (on the barir of current archival rtandardr) lo warrant i t a prerervation by the National Archives and Recordr Service. Thir determination may takr the form of (a) A rerier of recumng recordr derignaled as dirporable in an agency records dirposition rchedule approved (b) A reries of recordr designated ar disposable in a General Records authorization to dispose of records identified on a disposal lirt 10 101r 0 101-11.406-3 riewst tor authorizatkm . to dlrpou of tompomry rocordr. Requests for aulhorization to dispose of records shall be initiated by Federal agencies by submitting Standard Form 115. Request for …