TAB 6 Memorandum From Christine Varney on Retrieval and Inventory of Records of Human Radiation Experiments THE WHITE HOUSE WASHINGTON January 19, 1994 MEMORANDUM FOR HEADS OF DEPARTMENTS AGENCIES FROM: CHRISTINE A. VARNEY Secretary to the Cabinet SUBJECT: Retrieval and Inventory of Records of Human Radiation Experiments 1. Each Agency should establish forthwith an initial procedure for locating records of human radiation-experiments conducted by the Agency or under a contract or grant of the Agency. Agencies should coordinate the development of procedures for the retrieval and inventory of records with the Human Radiation Interagency Working Group (the "Interagency Working Group")1 to ensure, where appropriate that common procedures for the retrieval and inventory of records are applied at each Agency. Each Agency should provide to the Interagency Working Group a written copy of its initial directive and other documents implementing the Agency's record location, retrieval and inventory procedures. 2. (a) As used herein, "Agency" means Department of Defense, Department of Energy, Department of Health and Human Services, Central Intelligence Agency, Department of Veteran Affairs, and National Aeronautics and Space Administration. (b) As used herein, "human radiation experiments" means: (1) Experiments on individuals involving intentional. exposure to ionizing radiation. This category does not include common and routine clinical practices, such as established diagnosis and treatment methods, involving incidental exposures to ionizing radiation. ______________ 1 The members of the Human Radiation Interagency Working group include the Secretary of Energy, the Secretary of Defense,he Secretary of Health and Human Services, the Secretary of Veterans Affairs, the Attorney General, the Administrator of the National Aeronautics and Space Administration, the Director of Central Intelligence, and the Director of the Office of Management and Budget. (2) Experiments involving intentional environmental releases of radiation that (A) were designed to test human health effects of ionizing radiation; or (B) were designed to test the extent of human exposure to ionizing radiation. 3. In addition, Agencies should establish forthwith a procedure for retrieval and inventory of records of the following experiments: (a) The experiment into the atmospheric diffusion of radioactive gases and test of detectability, commonly referred to as "the.Green Run test," by the former Atomic Energy Commission (AEC) and. tee Air Force in December 1949 in Hanford, Washington; (b) Two radiation warfare field experiments conducted at the AEC's Oak Ridge office in 1948 involving gamma radiation released from non-bomb point sources at or near ground level; (c) Six tests conducted during 1949-1952 of radiation warfare ballistic dispersal devices containing radioactive agents at the U.S. Army's Dugway, Utah site; (d) Four atmospheric radiation-tracking tests in 1950 at Los Alamos, New Mexico; and (e) Any other similar human experiments that may later be identified by the Interagency Working Group. Each agency should include in the directive described in paragraph 1 above a directive initiating the Agency's retrieval and inventory procedure for records of the experiments set forth in this paragraph. 4. The procedures to be established pursuant to paragraph 1 above should address records for human radiation experiments conducted from 1944 to the present. Human radiation experiments undertaken after May 30, 1974, the date of issuance of the Department of Health, Education and Welfare Regulations for the Protection of Human Subjects (45 C.F.R. 46), may be sampled to determine whether further inquiry into such experiments is warranted. Further inquiry into such experiments conducted after May 30, 1974, may be pursued if the Advisory Committee on Human Radiation Experiments to be established pursuant to Executive Order 12891 (Jan. 15, 1994)) determines, with the concurrence of the Interagency Working Group, that such inquiry is warranted. 2 5. To the extent permitted by law, each Agency Head should Institute procedures, consistent with paragraphs 6 and 7 below, for notifying and making records available to individuals subjected to human radiation experiments or the experiments set forth in paragraph 3 above, and/or their next of kin. Agencies should coordinate the development of these procedures with the Interagency Working Group. 6. Each Agency Head should institute procedures, consistent with existing statutes and regulations, for making records on human radiation experiments, and the experiments set forth in paragraph 3 above, available to members of the public. In implementing these procedures, each Agency Head should immediately issue an order to all elements of the Agency, and undertake all appropriate procedures to instruct and inform the Agency's grantees, contractors or other agents: (a) Not to destroy any records relating to human radiation experiments or the experiments set forth in paragraph 3 above. (b) To locate forthwith all records relating to human radiation experiments and the experiments set forth in paragraph 3 above and to identify, and undertake all appropriate procedures with regard to, any such records in the possession. of grantees, contractors or other agents of the Agencies. Agencies should work together, in coordination with the Interagency Working Group, to standardize the retrieval of such records, which may involve the transfer of files to one or more designated repositories. 7. Each agency should also: (a) Upon locating the records, review all records of human radiation experiments, and the experiments set forth in paragraph 3 above, for national security classification and declassify such records as soon as practicable and to the maximum extent possible. Agencies should avail themselves of every opportunity to cooperate in expediting the declassification process. (b) Before making any copies of such records available to the public, make any reductions required for the protection of personal privacy interests of individuals subjected to human radiation experiments or the experiments set forth in paragraph 3 above, and/or their next of kin. 8. Agencies should work together with the Interagency Working Group to standardize, where appropriate, the inventory of 3 records of human radiation experiments and the experiments set forth in paragraph 3 above. 9. Agencies should document the procedures implemented to search for, retrieve and inventory records of human radiation experiments and the experiments set forth in paragraph 3 above. 10. In developing guidelines for retrieval and inventory of records, Agencies should consider advice and information provided to the Interagency Working Group by the Advisory Committee on Human Radiation Experiments. 4