ATTACHMENT 1 DISCLAIMER The following is a staff memorandum or other working document prepared for the members of the Advisory Committee on Human Radiation Experiments. It should not be construed as representing the final conclusions of fact or interpretation of the issues. All staff memoranda are subject to revision based on further information and analysis. For conclusions and recommendations of the Advisory Committee, readers are advised to consult the Final Report to be published in 1995. To: Mrs. Pierre, Dr. Soper, Cols. Bailey, Brown, Suttle, Captain George (DOD), Ms. Weiss (DOE), Mr. Pell, (VA) From: Dan Guttman Date: January 12, 1995 Re: In Anticipation of Liability Claims ACHRE REQUEST 011295-M Attached please find a request for anticipation of liability claims. Staff asks that you provide a response by 2/5/95. The ACHRE staff has implemented a database to be used in tracking the status of agency requests. Each request is assigned a unique number so that the request may be tracked, monitored and managed. We ask that you refer to the ACHRE document request number in any response you make to this request, including all correspondence and documents you provide to the Committee. The number for this request is provided above and on the attached request form. If you have any questions or concerns please contact me at (202) 254-9799 or Deborah Holland at (202) 254-9850. Thank you for your attention to this matter. Enclosure 1 c: D. Holland ACHRE Request 011295-M. Confidential Records Relating to Human Radiation Exposure From: Dan Guttman To: Mrs. Pierre, Dr. Soper, Cols. Bailey, Brown, Suttle, Captain George (DOD), Ms. Weiss (DOE), Mr. Pell, (VA) Re: Outstanding Requests For Information On Confidential Record Keeping in Ancitipation of Potential Liability Claims of Exposed Soldiers and Perhaps Others In prior requests and discussions we have sought information on the secret-record keeping, according to documents that have been provided by DOD and VA, was engaged in by DOD, AEC, and VA in anticipation of potential liability claims from soldiers (and perhaps others) exposed at weapons tests. (Our requests include an October 13, 1994 memo to DOD and VA; a November 14 memo to DOD, DOE, and VA, a November 23 memo to DOD: please let us know if you want further copies of any these.) In addition, of course, the VA Inspector General has been assigned by Secretary Brown to research this matter. In view of the obvious public interest in learning whether secret records were kept in anticipation of claims, (as reflected i the vigorous public statements of Secretary Brown, and the comments of citizens who come before the Committee) and the probability that it should not -- given the nature of the documents at issue -- be impossible to the find some approximation of facts, we request a report o the status of VA, DOD, and DOE knowledge of the answers to the basic questions, and the steps to be taken in order to answer those that remain. We would appreciate a response in advance of the February Committee meeting so that needed further research, if any, can be discussed in advance of the Committee meeting. The October 13 and November 23 memos spell out the questions in more detail; however, the basic questions seem clear, as recapitulated below. To briefly recapitulate: 1. In his April 21 statement at the Committee's opening session, Secretary Brown stated the need to find the facts related to a "confidential" Atomic Medicine Division which the VA created in 1947. At the time, the essential facts known to Secretary Brown were contained in a 1952 document which recited the creation of the division in 1947, in response to potential disability claims relating to the military's use of the atomic energy. The timing of the Division's creation, and the identify of those involved, point to the likelihood that the activity was a response to the radiation contamination at the 1946 - 1947 Operation Crossroads. The 1952 document recorded that the Division was formed at the advice of General Groves (who had headed the Manhattan Project and the bomb tests) and experts recommended him, including Stafford Warren, who was the chief medical advisor at Crossroads. The 1952 document was written by Dr. George Lyon, who served with Dr. Warren at Crossroads. We also note that as shown in documents provided by DNA, a DOD "medico-legal" group was formed in the aftermath of Crossroads. 2. An August, 1952 DNA-provided "confidential" document (HRE-0672) shows that elements of DOD did keep files in anticipation of liability claims, but that there was a proposal to cease the record keeping. The letter, from the Chief of AFSWP to the VA (with attention to Dr. Lyon), stated: "...the Army Field Forces is proposing to eliminate the requirement for maintaining detailed statistical records of radiological exposures received by Army personnel. 2 "This requirement was originally conceived as being necessary to protect the government's interest in case any large number of veterans should attempt to bring suit based on a real or imagined exposure to nuclear radiation during an atomic war. Although the Army Field Forces is the only organization which is now proposing to eliminate this requirement, it is possible that the Navy and Air Force may propose similar action in the future." 3. In a 1959 document,m provided by the VA, Dr. Lyon was recommended for VA award. A memorandum on behalf of the award recounted the 1947 creation of VA atomic medicine programs and states: "It was felt unwise to publicize unduly the probable adverse effects of exposure to radioactive materials. The use of nuclear energy at this time was so sensitive that unfavorable reaction might have jeopardized future developments in that field. Dr. Lyon....maintained records of a classified nature emanating from the AEC and the Armed Forces Special Weapons Project which were essential to proper evaluation of claims of radiation injury brought against VA by former members of the Armed Forces engaged in the Manhattan project." These documents were attached to our previous memos, noted above. In light of the above, basic questions that Committee Members and the public have asked include: 1. In general, and with specific reference to the 1952 document, what records were kept in anticipation of liability claims? by whom? when did the record keeping cease? where are the records now? are they available to the public (with approval privacy restrictions)? 2. In general, and with reference to the 1959 document, what were the "records of a classified nature emanating from the AEC and the Armed Forces Special Weapons Project" which were used to evaluate veterans claims of radiation injury? who kept them? when did the record keeping cease? where are they now? are they available to the public (with appropriate privacy restrictions)? 3. To the extent that the above questions cannot be answered, what steps are being taken to answer them? For example, do DOE, DOD, and VA known for certain that records in the National Archives, records centers, etc. of each agency do not presently contain records such as those described in the above documents? 4. To the extent that the above questions cannot be answered, what can DOD, DOE, and VA say with confidence regarding the keeping of secret ("classified" or otherwise) records regarding the radiation exposure of military personnel? For example, 1947 Navy regulations, previously provided to the Navy, refer to medical exams to kept in secret files; what other rules provided for secret record keeping on the radiation exposure of soldiers or other test personnel? 5. Did the NTPR program have knowledge of the documents related to the VA files, as cited above? If so, what efforts were made on the NTPR program to answer the questions related to them, and what were the results. 6. Attached are two Army Special Regulations from 1953 requiring that records of noncombat exposure to ionizing radiation (including exposure at atomic weapons test) be kept in the "field military 201 file" or "civilian personnel 201 file." Were these records examined as part of the NTPR program and, if so, are copies held by DNA? If these records were not examined, are they currently in St. Louis or some other repository? As always, please let us know if this request requires clarification or amplification, or if you think that it would benefit from modification. 3 Deadline: 02/05/95 APR 23 1953 D101.10:40-1025-66 "illegible" 328 MC May 1953 SR 40-1025-66 Special Regulations DEPARTMENT OF THE ARMY No. 40-1025-OG Washington 25, D.C. 21 April 1952 RADIOLOGICAL CHEMICAL AND OTHER TOXIC MATERIAL RADIOAVTICE ISOTOPES AND OTHER DANGEROUS NEW CHEMICALS 1. Radioactive isotopes and other dangerous new chemicals, such as the nitrogen mustards, will not be employed experimentally or as therapeutic agents without specific learance by the Surgeon General. Only those installatons where well-trained and experienced personnel and adequate technical supervision are available will be approved for the use of these agents. 2. Requests for radioactive isotopes will be cleared through the Surgeon General prior to being submitted to the Atomic Energy Commission. BY ORDER OF THE SECRETARY OF THE ARMY: OFFICIAL: OMAR N. BRADLEY EDWARD F. WITSELL Chief of Staff, United States Major General Army the Adjutant General DISTRIBUTION: A *These "illegible" 1947. REPRODUCED AT THE NATIONAL ARCHIVES 1 MEDICAL SERVICE RECORDS OF EXPOSURE TO IONIZING RADIATION Paragraph Purpose 1 Definition 2 Maintenance of dosimetry records 3 Preparation of individual medical records 4 Film badge inserts 5 1. Purpose -- These regulations prescribe the method for recording data pertaining to persons exposed to hazardous ionizing radiation. 2. Definition--The term "dosimetry" as used herein is the accurate and systematic determination of ionizing radiation exposure received from sources of ionizing radiation. 3. Maintenance of dosimetry records -- Because of the possible latent residual effects and the cumulative factor involved when persons are subjected to ionizing radiation received from sources of ionizing radiation, the following procedures will govern the maintenance of dosimetry records: a. Combat exposure -- This type of exposure is that in which the individual is subjected to infrequent exposure as the result of tactical operations in a combat zone. Individual exposure records will not be maintained for personnel exposed under these circumstances. b. Noncombat exposure -- This type of exposure is that in which the individual is subjected to frequent exposure. Personnel performing research and development activities, laboratory activities, handling of sources of ionizing radiation, an atomic weapons tests or training activities are examples of this group. Individual records will be prepared and maintained for each person in this group. Each record will be prepared and maintained by the personnel officer based upon information received from Signal Corps photographic laboratory facilities, and will show date of exposure, amount of exposure in milliroentgen, duration of exposure in hours and minutes, and a space for remarks such as limitations on assignment because of such exposure. Each record will be signed by the personnel officer, and become a permanent part of the field military 201 file or the civilian personnel 201 file, whichever is applicable, so that a medical officer can evaluate the data from time to time and make such recommendations as may be appropriate. c. Personnel exposed to X-ray radiation -- Record will be maintained in accordance with TB Med 62. SR 40-1025-66 2 4. Preparation of individual medical records -- Individual medical records as required by AR 40-1025 will be prepared when individuals are treated for a disease or injury incident to or resulting from exposure to hazardous ionizing radiation received from sources of ionizing regulation. 5. Film badge inserts -- Processing of film badge inserts is a responsibility of the Signal Corps. Inserts will be processed in accordance with SR 110-50-5. BY ORDER OF THE SECRETARY OF THE ARMY Official: J. LAWTON COLLINS WM. E. BERGIN Chief of Staff, United States Army Major General, USA The Adjutant General DISTRIBUTION: C Item 328 MC NOV 1952 D101.10:40-1025-66 "illegible" 328 MC Nov 1953 SR 40-1025-66 Special Regulations DEPARTMENT OF THE ARMY No. 40-1025-OG Washington 25, D.C. 12 October 1953 MEDICAL SERVICE RECORDS OF EXPOSURE TO IONIZING RADIATION Paragraph Purpose 1 Definition 2 Maintenance of dosimetry records 3 Preparation of individual medical records 4 Film badge inserts 5 1. Purpose -- These regulations prescribe the method for recording data pertaining to persons exposed to hazardous ionizing radiation. 2. Definition--The term "dosimetry" as used herein is the accurate and systematic determination of ionizing radiation exposure received from sources of ionizing radiation. 3. Maintenance of dosimetry records -- Because of the possible latent residual effects and the cumulative factor involved when persons are subjected to ionizing radiation received from sources of ionizing radiation, the following procedures will govern the maintenance of dosimetry records: a. Combat exposure -- This type of exposure is that in which the individual is subjected to infrequent exposure as the result of tactical operations in a combat zone. Individual exposure records will not be maintained for personnel exposed under these circumstances. b. Noncombat exposure. (1) -- This type of exposure is that in which the individual is subjected to frequent exposure. Personnel performing research and development activities, laboratory activities, handling of sources of ionizing radiation, an atomic weapons tests or training activities are examples of this group. (2) -- Preparation and maintenance of individual records. Individual records for each person in this group will be prepared and maintained by the personnel officer. Where film badges are used, Signal Corps photograph laboratory facilities will process the badges and furnish to the unit the record of exposure present on the film badges. For each individual exposed to hazardous ionizing radiation, the record prepared by the personnel officer will show date of exposure, amount of exposure in milliroentgen, and a space for remarks such as limitations on assignment because of such exposure. The duration of exposure also will be 2 recorded. When possible, the exact duration of the exposure will also be recorded. When possible, the exact period of exposure in minutes, hours, days, etc., will be determined. In some circumstances, it will be possible to record only the approximate period of exposure. Records will indicate whether the time of exposure is "Exact" or "Estimated." Each record will be signed by the personnel officer and will become a permanent part of the field military 201 file or the civilian personnel 201 file, whichever is applicable, so that a medical officer can evaluate the data from time to time and make such recommendations as may be appropriate. In the event the 201 file of personnel who are participating in activities such as atomic weapons tests or training exercises, etc., are not available, the records of exposure to hazardous ionizing radiation will be promptly forwarded to the personnel officer having custody of the 201 files. c. Personnel exposed to X-ray radiation -- Record will be maintained in accordance with TB Med 62. 4. Preparation of individual medical records -- Individual medical records as required by AR 40-1025 will be prepared when individuals are treated for a disease or injury incident to or resulting from exposure to hazardous ionizing radiation received from sources of ionizing regulation. 5. Film badge inserts -- Processing of film badge inserts is a responsibility of the Signal Corps. Inserts will be processed in accordance with SR 110-50-5. BY ORDER OF THE SECRETARY OF THE ARMY Official: M.B. RIDGWAY WM. E. BERGIN General, United States Army, Major General, USA Chief of Staff The Adjutant General DISTRIBUTION: C FEB 21 1949 M101.32:52-10-10 SR 52-10-10 1-2 Special Regulations DEPARTMENT OF THE ARMY No. 52-1010 Washington 25, D.C. 14 February 1949 (AG 470.6 (14 Jan 49)] BY ORDER OF THE SECRETARY OF THE ARMY: