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. TAB K * * * * * * STAFF MEMORANDUM * * * * * * TO: Advisory Committee on Human Radiation Experiments FROM: Advisory Committee Staff DATE: June 9,1994 RE: Department of Energy (DOE): Update This staff memorandum contains the following: (1) an update on the activities undertaken by staff and DOE pursuant to the Committee's requests and direction at the last meeting; and (2) the staff s recommendation for future DOE-Committee collaboration. 1. Update on Committee Requests and Recommendations In the interim since the last meeting, the Committee staff and DOE staff have been addressing the recommendations adopted by the Committee at its May meeting. The status of the recommended options is discussed briefly below, with some additional updates. At the last meeting, the Advisory Committee endorsed eight general actions with regard to DOE and six general actions for the Committee staff. Working within Committee authorization, the Committee staff has, in addition, requested many specific actions from DOE. (A) Requests Directed to DOE (1) Phase One Inventory of Records The Committee recommended that DOE proceed with its Phase I sweep of field and contractor offices, after which DOE planned to develop a comprehensive guide to relevant collections of field and headquarters records. DOE reports that the "Phase I sweep" of field offices has been completed, and DOE is assessing the results. DOE expects that the inventories provided by the field office will shortly permit it to identify the universe of locations of potentially relevant field office collections. The results are being compiled by DOE, and staff has examined part of the inventory (in draft form) and discussed the format of these inventories with DOE. (2) Search for High-level Documents The Committee recommended that DOE focus on the identification and collection of high-level documents that can be immediately retrieved and made available. DOE has located, in Oak Ridge and Atlanta records collections, the records of the Atomic Energy Commission (AEC) Division of Biology and Medicine within the custody of DOE Headquarters. (Some additional portions are in the National Archives and some may be in other offices). An example of the AEC Division of Biology and Medicine's plans for expansion of its research is included as Attachment l. (This document was provided to `you behind Tab K in the first mailing.) DOE has culled, and is providing about 150 documents to the Committee. Committee staff and DOE staff hake met to discuss the best method to approach the remainder of the collection. (3) Access Classified Documents The Committee recommended that DOE identify and access classified collections that have not been previously addressed. DOE's search team is presently undertaking to identify and access relevant records in the DOE Office of Nonproliferation and Intelligence, which is the collection specifically mentioned in the staffs Preliminary Report on DOE to the Committee. In addition. DOE has declassified and will make available a box of AEC Advisor Committee on Biology and Medicine minutes, which was also discussed in the staff Preliminary Report. (4) Locate the AEC Radioisotope Licensing Information The Committee recommended that DOE focus on locating documentation of the AEC radioisotope licensing process. DOE reports that it now understands that files through the early 1970's maintained by Oak Ridge National Laboratory, which had responsibility for distributing isotopes, have been destroyed. DOE will provide a report which indicates that the destruction was pursuant to records retention schedules. DOE has not found the actual licensing and approval files for the pre-1957 period. It is continuing the search. (5) Provide "Work for Others" Study The Committee requested that DOE provide the Committee with the "work for others" study performed for former Secretary of Energy Watkins. DOE is in the process of funding this study. (6) Locate the Documents Related to the 1974 Inspector General Report The Committee recommended that DOE locate the approximately 250 documents identified in the 1974 Inspector General report on the plutonium injections. DOE's search team reports that it is undertaking a search of the Inspector General's office for this collection. (7) Provide the Helpline Database The Committee recommended that DOE provide the Helpline database to the Committee. DOE has provided Committee staff with requested data from the Helpline, and staff expects to obtain the database shortly. (8) Resolve Access to the National Archives' Collections The Committee recommended that DOE and staff work with the National Archives on the most efficient means to identify and access documents at the Archives (which-are technically not under DOE's control). DOE and Committee staff (including staff historians) are discussing the best way to proceed. (B) Requests Directed to Staff (1) Access to Universities' Data The Committee asked the staff to work with DOE to access relevant data from the universities that conducted or housed plutonium injection experiments. Staff understands that DOE is drafting a letter which will invite the universities to meet to discuss the best ways to access the data. (2) Continue Communications With DOE The Committee recommended that the staff continue communications with DOE on the search. Staff is in relatively continuous communication (by phone and periodic face-to-face meetings) with the DOE search team and historians. (3) Monitor the Field Search The Committee recommended that the staff provide options on the means to monitor the relations between DOE's field effort and the quality and amounts of relevant documents actually retrieved. The staff is awaiting DOE tabulation of the resulting data from the Phase l sweep of field offices, which has recently been completed. (4) Develop Alternatives for Data Access at Non-Federal Entities The Committee recommended that the staff develop alternatives for accessing data located at non-Federal entities. This directive is under discussion with DOE. (5) Facilitate Information Exchange With Other Agencies The Committee recommended that the staff facilitate the exchange of DOE information with other agencies, including possibilities for enhanced interagency coordination. The staff is seeking to do this, where appropriate. For example, the staff has sought to assure that other agencies are aware of existing DOE (AEC) radioisotope distribution data. (6) Develop Options to Organize Data for use by the Committee and the Public The Committee recommended that Staff develop options for organizing DOE-provided data for use by the Committee and the public. The staff archivist and communications the staff are working, with staff historians and others, on the best way to proceed. II. Committee Action (A) Option One: The staff recommends that the Committee endorse the phase two strategy that DOE has proposed. which involves tracking all data on particular types or groups of experiments (e.g., whole body irradiation). DOE seeks the Committee's advice on this approach, and, if acceptable, the groups to be tracked. (B) Option Two: The staff recommends that the' Committee direct the staff to continue action as previously endorsed by the Committee.