ATTACHMENT 1 (Excerpts) 21 January 1994 MEMORANDUM FOR: Human Radiation Experiments Steering Group FROM: David D. Gries Steering Group Chairman SUBJECT: Ongoing Records Search I mentioned at the close of our meeting on 14 January that I would soon be sending formal tasking and some suggestions for continued searches in the field of possible CIA tests of ionizing radiation on humans. This memorandum will answer both requirements. The specific focus of our search is evidence that the CIA ever deliberately subjected human beings to ionizing radiation, whether in tests to determine the effects of radiation on human beings or in efforts to discover operational uses for radioactive substances or their emissions. We want to err on the side of caution, as I noted last week; if you question whether a test or an operation fits the above definition, please bring it to my attention and let me make the call. Several distinctions should not be regarded as limits on our search: we want to look for radiation tests involving foreigners as well as U.S. citizens, volunteers as well as unwitting subjects. We will want to look very closely at any tests of ionizing radiation on animals to see if human testing was also contemplated. Search efforts should focus on operational and project files, of course, but should not be limited to them. Files held by Agency officials down to the branch level as well as administrative/financial components could contain relevant documents. Currently active files should be searched as well as retired records jobs. With regard to the latter, it will not be sufficient to simply check the results of computer-driven keyword searches. In some cases, important folders will have to be searched by hand. Retired and still-active Agency personnel are often available to answer questions about the files; please continue to contact personnel who worked in your directorates. The CIA History Staff has already done a great deal of work locating relevant records and has even hand-searched a large number of retired files. ATTACHMENT 2 HR 7-la(6)(c) MANAGEMENT (c) Organizations. Classified and unclassified contracts with entities affiliated with academic institutions may be undertaken in accordance with HHB 7-2.(U) (d) Individuals. See paragraph b(1)(c) below for information concerning contracts with individuals affiliated with academic institutions. (U) (c) Human Experimentation. The CIA shall not sponsor, contract for, or conduct research on human subjects except in accordance with guidelines issued by the Department of Health and Human Services (HHS). The subject's informed consent shall be documented as required by those guidelines. (U) (1) The DCI, through the Agency's Human Subject Research Panel (HSRP), shall evaluate all documentation and certifications pertaining to human research sponsored by, contracted for, or conducted by the CIA (including initial and ongoing reviews conducted by Institutional Review Boards) prepared in compliance with HHS guidelines, codified at 45 C.F.R. Section 46. The HSRP shall be composed of such employees of the CIA and other experts or consultants as the DCI deems appropriate. A representative of OGC shall attend all meetings of the HSRP and shall provide legal guidance to the panel. (U) (2) The DCI shall approve, modify, or disapprove all proposals pertaining to human subject research. (U) (3) "Research on human subjects" means a formal investigation, designed to develop or contribute to generalizable knowledge, the subjects of which are persons about whom a scientist conducting research obtains data through intervention or interaction with the person or identifiable private information. Intervention includes both physical procedure by which data are gathered and manipulation of the subject or the subject's environment that are performed for research purposes. Interaction includes communication or interpersonal contact between the research scientist and the subject. Private information includes information about behavior that occurs in a context in which an individual can reasonably expect that no observation or recording is taking place, and information which has been provided for specific purposes by an individual and which the individual can reasonably expect will not be made public. Private information must be individually identifiable to fall within this definition. Any questions on the applicability of this provision to Agency activities must be submitted to the Agency HSRP for resolution in consultation with OGC. (U) [classified] (d) Prohibition on Assassination. No person employed by or acting on behalf of the U.S. Government shall engage in, or conspire to engage in, assassination. (U) (e) Indirect Participation. The CIA shall not participate in, nor request any person to undertake, activities forbidden by E.O. 12333 or Agency regulations. (U) (f) Special Activities. All special activities, as defined in Section 3.4(h) of E.O. 12333, shall be conducted in compliance with the requirements of E.O. 12333; Section 662 of --Revised: 23 December 1987(1942)