Conclusion

Chapter 12: Footnotes

2 . Peter H. Eichstaedt, If You Poison Us: Uranium and Native Americans (Santa Fe, N.M.: Red Crane Books, 1994), 35-36.

3 . Undated document ("Radiation Exposure in the United States--Uranium Mining Industry") (ACHRE No. HHS-092694-A), 1.

4 . The Advisory Committee also heard extensive testimony from uranium millers and open-pit uranium miners who expressed dissatisfaction that their health problems were not covered by RECA, as were those of the underground miners. The health problems of the uranium millers appear to have been overshadowed by the clearly established problems of the underground miners and have received little attention in the scientific literature: only three articles have been located by the Advisory Committee. These papers show modest increases in certain cancers (notably lung and lymphatic) and nonmalignant respiratory disease and contain recommendations that these problems merit further study. No excess bone cancer, leukemia, or chronic renal disease has been reported, however. The most recent publication found by the Advisory Committee is dated 1983, and we are not aware of any further studies currently under way. Nevertheless, the millers and open-pit miners attest to numerous health problems they associate with their occupational exposures. See V. E. Archer, S. D. Wagoner, F. E. Lundin, "Cancer Mortality Among Uranium Mill Workers," Journal of Occupational Medicine 15 (1973): 11-14; A. P. Polednak and E. L. Frome, "Mortality Among Men Employed Between 1943 and 1947 at a Uranium-Processing Plant," Journal of Occupational Medicine 23 (1981): 169-178; R. J. Waxweiler et al., "Mortality Patterns Among a Retrospective Cohort of Uranium Mill Workers" in Epidemiology Applied to Health Physics, Proceedings of the 16th Midyear Topical Meeting of Health Physics Society, Albuquerque, N.M., 9-13 January 1983, 428-435.

5 . Robert N. Proctor, Cancer Wars: How Politics Shapes What We Know and What We Don't Know About Cancer (New York: Basic Books, 1995), 186.

6 . William C. Hueper, Occupational Tumors and Allied Diseases (Springfield, Ill.: C. C. Thomas, 1942).

7 . Ibid., 438.

8 . Egon Lorenz, "Radioactivity and Lung Cancer," Journal of the National Cancer Institute 5 (August 1944): 13.

9 . Duncan Holaday to Chief, Industrial Hygiene, 20 November 1950 ("Radon and External Radiation Studies in Uranium Mines") (ACHRE No. IND-091394-B).

10 . Duncan Holaday, Chief, Occupational Health Field Station, Public Health Service, "Employee Radiation Hazards and Workmen's Compensation," Joint Committee on Atomic Energy, 86th Cong., 1st Sess. (1959), 190.

11 . See Lorenz, "Radioactivity and Lung Cancer."

12 . William F. Bale to Files, 14 March 1951 ("Hazards Associated with Radon and Thoron") (ACHRE No. DOJ-051795-A), 3-8.

13 . Ibid., 6.

14 . J. Newell Stannard, Radioactivity and Health: A History (Oak Ridge, Tenn.: Office of Scientific and Technical Information, 1988), 138.

15 . See Lorenz, "Radioactivity and Lung Cancer," for a review of animal experimentation, 7-10.

16 . National Cancer Institute, Radon and Lung Cancer Risk: A Joint Analysis of 11 Underground Miners Studies, January 1994.

17 . Dorothy Ann Purley, Advisory Committee on Human Radiation Experiments, small panel meeting, Santa Fe, N.M., proceedings of 30 January 1995 (morning session), 82-83.

18 . Philip Harrison, Advisory Committee on Human Radiation Experiments, proceedings of 21 June 1995.

19 . Merril Eisenbud, An Environmental Odyssey (Seattle: University of Washington Press, 1990), 43.

20 . B. S. Wolf, Medical Director, NYOO, to P. C. Loshy, Manager, Colorado Area Office, 19 July 1948 ("Medical Survey of Colorado Raw Materials Area") (ACHRE No. IND-091394-B), 2.

21 . Health Impact of Low-Level Radiation: Joint Hearing before the Subcommittee on Health and Scientific Research of the Senate Committee on Labor and Human Resources and the Senate Committee on the Judiciary, 96th Cong., 1st Sess. (1979), 40-41.

22 . "A-Bomb Metal Affects Lungs, Doctor Reveals," Cleveland News, 22 September 1948.

23 . Atomic Energy Commission, Manager of the New York Operations Office, 15 September 1949 ("Policy Regarding Special Beryllium Hazards") (ACHRE No. DOE-01295-B), 11.

24 . Merril Eisenbud, telephone interview by Steve Klaidman (ACHRE staff), 7 July 1995 (ACHRE No. IND-070795-B), 1.

25 . George Hardie to John Bowers, 29 December 1949 ("Statement of Policy on Be.") (ACHRE No. DOE-012595-B), 1.

26 . Ibid., 2.

27 . Shields Warren, Director, Division of Biology and Medicine, to W. E. Kelley, Manager, New York Operations Office, 17 January 1950 ("Proposed AEC Staff Paper on Beryllium Policy") (ACHRE No. DOE-012595-B), 1-2.

28 . Eisenbud, Environmental Odyssey, 61. The DBM's position was apparently based on the view that the Atomic Energy Act did not give authority to the AEC until after the ore was mined. "The position of the New York Operations Office," Eisenbud wrote, "was that while the act did not require that the AEC be responsible for uranium mine safety, neither did it prevent the agency from doing so."

29 . Ibid., 62.

30 . Ibid.

31 . Interview with Eisenbud, 7 July 1995, 1.

32 . A. E. Gorman, AEC Sanitary Engineer, to Files, 26 May 1949 ("Visit of Lewis A. Young, Director, Division of Sanitation, Colorado Department of Health") (ACHRE No. DOE-051195-A), 1.

33 . Ibid.

34 . The radium standard was set in 1941 when the Navy came to Robley Evans, a leading radiation researcher. A committee was established and came up with a standard based on data on twenty-seven human beings who had been exposed to radium, twenty of whom had been injured. Evans went around the room and asked each of the men for a standard they would feel comfortable having their wives or daughters work with and they agreed on 0.1 uCi. Robley D. Evans, "Inception of Standards for Internal Emitters, Radon and Radium," Health Physics 14 (September 1981): 441-443.

35 . Stannard, Radioactivity and Health, 131-132. Stannard adds in a footnote on page 131:

This standard was not intended to be applied to the mines. The Europeans were totally involved with the war. In the Western Hemisphere, there were not yet enough uranium mines per se to worry about exposure standards. Uranium mining in the United States had hardly begun. In 1967, NCRP representative Lauriston Taylor testified at the congressional hearings on Secretary of Labor Williard Wirtz's proposed uranium mine standard that the 1941 standard was meant for "indoor" environments "where it is quite feasible to accomplish any degree of ventilation . . . that might seem indicated."

According to Taylor, the PHS was handling the situation in the mines, so the NCRP stayed out of it. Radiation Exposure of Uranium Miners, Part One: Hearings before the Subcommittee on Research, Development, and Radiation of the Joint Committee on Atomic Energy, 90th Cong., 1st Sess. (1967).

36 . Begay v. United States, 591 Supp. 991 (D. AZ, 1984), 1013.

37 . Duncan A. Holaday, August 1994 ("Origin, History and Development of the Uranium Study") (ACHRE No. DOJ-051795-A), 2.

38 . Begay v. United States, 994.

39 . Undated document ("Progress Report [July 1950 - December 1951] on the Health Study in the Uranium Mines and Mills") (ACHRE No. DOJ-051795-A), 3.

40 . Duncan Holaday, Radiation Exposure of Uranium Miners, Part One, JCAE (1967), 601.

41 . Federal Radiation Council, Preliminary Staff Report, No. 8, Radiation Exposure of Miners, Part One, JCAE (1967), 1038.

42 . Henry N. Doyle, Senior Sanitary Engineer, USPHS, undated ("Survey of Uranium Mines on Navajo Reservations, November 14-17, 1949 and January 11-12, 1950") (ACHRE No. DOJ-051795-A), 1.

43 . Duncan A. Holaday, "Origin, History and Development of the Uranium Study," 5.

44 . Ibid., 12.

45 . Deposition of Duncan A. Holaday, Barnson v. Foote Mineral Co., 9 October 1985, 25.

46 . "Progress Report (July 1950-December 1951) on the Health Study in the Uranium Mines and Mills," 4-5, 8.

47 . Duncan A. Holaday, Senior Sanitary Engineer, Radiation Unit, Division of Industrial Hygiene, to Chief, Industrial Hygiene Field Station, 21 February 1950 ("Radon Samples in Uranium Mines") (ACHRE No. DOJ-051795-A), 1.

48 . Public Health Service, Division of Industrial Hygiene, proceedings of 25 January 1951 (ACHRE No. HHS-092794-A), 1.

49 . Ibid.

50 . Ibid., 2.

51 . Ibid.

52 . Ibid.

53 . Duncan Holaday to J. W. Hill, General Superintendent, U.S. Vanadium Company, 26 March 1951 ("I'm sorry that Dr. Cralley . . .") (ACHRE No. IND-091394-B).

54 . "Progress Report (July 1950-December 1951) on the Health Study in the Uranium Mines and Mills," 11.

55 . Ibid.

56 . Duncan Holaday, "Radiation Exposure of Uranium Miners," Subcommittee on Research, Development, and Radiation, 1967, 23.

57 . A 1975 report written for National Institute for Occupational Safety and Health (NIOSH) and released by the National Technical Information Service provides the following analysis of the behavior of both the industry and the states: "The early uranium mining industry, was unstable, extremely transient and highly speculative. It was both ill-equipped to remedy the mine radiation hazard and resistant to encroachments by the government. . . ." The report also says that in the absence of actual cases of lung cancer "companies, official agencies and miners alike remained unconvinced of the need for preventative measures to control mine radiation." Jessica S. Pearson, "A Sociological Analysis of the Reduction of Hazardous Radiation in Uranium Mines," National Technical Information Service, PB-267 503 (April 1975), 12.

58 . Henry N. Doyle, Senior Sanitary Engineer, Division of Occupational Health, to Chief, Division of Biology and Medicine, AEC, 26 May 1952 ("I am pleased to transmit . . .") (ACHRE No. DOE-061395-E), 1. Doyle wrote: "This is a restricted report [An Interim Report of a Health Study of the Uranium Mines and Mills] and is only being circulated to companies engaged in the production of uranium ores, certain federal agencies concerned with the problem, and the Universities of Rochester, Colorado and Utah."

59 . Associated Press, "Survey Shows Miners Unhurt by Radiation," 26 June 1952. The lead paragraph reads: "Examinations of more than 1,100 workers in uranium mines and mills have revealed no evidence of health damage from radioactivity." The existence of the press release suggests the report was generally available; however, the May 1952 letter discussing it, as cited immediately above, indicated that it would be available on a "restricted" basis.

60 . Federal Security Agency and Colorado State Department of Public Health, May 1952 ("Interim Report of a Health Study of the Uranium Mines and Mills") (ACHRE No. DOE-061395-E), i.

61 . Wilhelm C. Hueper, undated, "Organized Labor and Occupational Cancer Hazards" (ACHRE No. HHS-042495-A), 9-10. Wilhelm C. Hueper, "Adventures of a Physician in Occupational Cancer: A Medical Cassandra's Tale" (1976). Unpublished autobiography, Hueper Papers, National Library of Medicine (ACHRE No. HHS-042495-A), 177-178.

62 . W. C. Hueper, M.D., to Dr. R. F. Kaiser, Chief, Cancer Control Branch, NIH, 3 April 1952 ("Re.: Cancer Control Grant") (ACHRE No. IND-083094-A), 4.

63 . Proctor, Cancer Wars, 44.

64 . Duncan Holaday testified in 1983 that "the Division of Industrial Hygiene [PHS] had no right of entry to any facility. We had to have the permission of the owner of the facility in order to get on the property." Begay v. United States, Civ. 80-982 Pct. WPC, transcript of trial proceedings, 3 August 1983 (ACHRE No. DOJ-051795-A), 114. With respect to AEC-owned mines, E. C. Van Blarcom of the AEC noted that "the Commission ha[d] carried out independent observations in mines under its control." In addition, the AEC requested that the Bureau of Mines conduct its own independent investigation because of "its statutory responsibility to assist, on request, other Federal and State agencies in matters concerning mine safety and health." Department of Health, Education, and Welfare, PHS, 16 December 1960 ("Proceedings of the Governors' Conference on Health Hazards in Uranium Mines") (ACHRE No. DOJ-051795-A), 29.

65 . Barnson v. Foote Mineral Co., Consolidated Action Nos. C-80-0119A, C-81-0719W, C-81-0045W & C-81-0715J, deposition taken upon oral examination of Duncan Holaday, 9 October 1985 (ACHRE No. DOJ-051795-A), 12. Begay v. United States, Civ. 80-982 Pct. WPC, transcript of trial proceedings, 3 August 1983, 116-119.

66 . Begay v. United States, 116-119.

67 . Ibid., 119.

68 . Department of Health, Education, and Welfare, Public Health Service, Rev. 5-60 ("Uranium Miner Study Record, PHS 2766, Rev. 5-60") (ACHRE No. IND-012395-A), 1.

69 . Deposition of Duncan Holaday, Barnson v. Foote Mineral Co., 12.

70 . Stewart Udall, The Myths of August (New York: Pantheon Books, 1994), 199.

71 . Merril Eisenbud, interview by Steve Klaidman (ACHRE) 7 July 1995, 1.

72 . Federal Security Agency and Colorado State Department of Public Health ("An Interim Report of a Health Study of the Uranium Mines and Mills") (ACHRE No. DOE-032195-B), 3-5, 6.

73 . P. W. Jacoe to Lester Cleere, 28 March 1951 ("Regarding a Discussion with Uranium Producers on Radon Gas Problems in Mines") (ACHRE No. IND-083094-A), 1.

74 . Duncan Holaday, Joint Committee on Atomic Energy, Subcommittee on Research, Development and Radiation, 26 July 1967, 90th Cong., 1st Sess., 1213.

75 . Advisory Committee for Biology and Medicine, transcript of proceedings of 13-14 January 1956 (ACHRE No. DOE-072694-A), 22, 23-24.

76 . Advisory Committee for Biology and Medicine, transcript of January 13-14, 1956 (ACHRE No. DOE 072694-A), 7. Some state regulators and mine owners took the position that the imposition of a strict safety standard would have resulted in the closing of large numbers of small mines. While conceivably the cost to the federal government of ventilating hundreds of small mines could have been prohibitive, the federal government does not appear to have invoked this claim as a basis for inaction. According to Duncan Holaday, the cost of ventilating these mines would have translated to an increase of 50 cents to $1 a pound in the price of uranium, and the average price of fully processed uranium was in the range of $20 a pound. Richard Hewlett, Francis Duncan, and Oscar Anderson, Jr., Atomic Shield (Berkeley: University of California Press, 1990), 173. The second volume of a history of the AEC cites a 1948 estimate of about $20 for uranium mined and processed in the United States.

77 . L. E. Burney, Surgeon General, to C. L. Dunham, 27 October 1958 ("Since 1950, as you know . . .") (ACHRE No. IND-083094-A).

78 . C. L. Dunham to A. R. Luedecke, 11 March 1959 ("Letter from Surgeon General to C. L. Dunham Concerning Radiation Exposure to Miners in Certain Mines") (ACHRE No. DOE-040395-A), 2.

79 . L. K. Olson, AEC, General Counsel, to C. L. Dunham, 11 March 1959 ("Health Hazards in Uranium Mines") (ACHRE No. DOE-040395-A).

80 . Department of Health, Education, and Welfare, "Proceedings of the Governors' Conference on Health Hazards in Uranium Mines," 29-33.

81 . Begay v. United States, 591 F. Supp. 991 (D. AZ., 1984), 1002.

82 . Duncan A. Holaday, "Origin, History and Development of the Uranium Study," 12.

83 . Ibid., 14.

84 . Ibid., 16.

85 . Begay v. United States, Civ. 80-982 Pct. WPC, transcript of trial proceedings

86 . Department of Health, Education, and Welfare, Public Health Service and U.S. Department of the Interior, Bureau of Mines ("Uranium Miners: Your Ounce of Prevention") (ACHRE No. IND-083094-A).

87 . Ibid., 8.

88 . Ibid., 4.

89 . Health Impact of Low-Level Radiation, 24.

90 . Ibid., 25.

91 . Department of Health, Education, and Welfare, "Proceedings of the Governors' Conference on Health Hazards in Uranium Mines," 17-23.

92 . Holaday, "Radiation Exposure of Uranium Miners," 88.

93 . A working level is any combination of short-lived radon daughter products per liter of air that releases an amount of energy equal to the energy that would be released by the short-lived daughter products in equilibrium with 100 picocuries of radon per liter of air.

94 . Holaday, "Radiation Exposure of Uranium Miners," 89. Wirtz explained: "Since so much of the uranium ore mined in this country is used by mills which have contracts with the Atomic Energy Commission, the Public Contracts Act [Walsh-Healey] authority has clear applicability to the uranium miners situation. This has not been questioned, except with respect to certain details regarding the coverage of 'independent' mines (those not owned or operated by the milling companies). The AEC contracts with the mills contain broadly phrased 'health and safety' stipulations in accordance with the Public Contract Act Requirements."

95 . George T. Mazuzan and J. Samuel Walker, Controlling the Atom (Berkeley: University of California Press, 1984), 308.

96 . Begay v. United States, 591 F. Supp. 991, 1007.

97 . Under U.S. law, the federal government may be sued only in circumstances in which it waives its sovereign immunity. The Federal Torts Claims Act spells out these circumstances. Under that law, the federal government cannot be sued when the actions complained of are "discretionary functions" of government. Ibid., 1007-1013. The general theory behind this limitation is that the ability of officials to govern would be seriously compromised if their basic decision making were routinely subject to court challenge. The judge in the Begay case concluded that because "conscious policy decisions based on political and national security feasibility factors" were involved, he had no authority provide a remedy. Ibid., 1012.

98 . Ibid., 1013.

99 . Ibid., 1011-1012.

100 . Federal Security Agency and Colorado State Department of Public Health ("An Interim Report of a Health Study of the Uranium Mines and Mills"), 9.

101 . Mazuzan and Walker, Controlling the Atom, 317.

102 . Duncan Holaday, deposition, 19 March 1986, Begay v. United States, Civ. 80-982, and Anderson v. United States, Civ. 81-1057 (ACHRE No. IND-091494-A), 102.

103 . Begay v. United States, 591 F. Supp. 991, 995.

104 . On the question of the economic impact of ventilation costs on the price of uranium from U.S. mines (which was already significantly higher than that from the Belgian Congo, but was, of course, a more secure source), Eisenbud noted in 1956: "While it has a big effect on the price of ore, by the time you get it into a reactor or into a bomb that differential is insignificant." ACBM, transcript of proceedings of 13-14 January 1956 (ACHRE No. DOE-012795-C), 35. See also, Victor Archer, interview by Ken Verdoia (KUED-TV, Salt Lake City, Utah), transcript of audio recording, July 1993 (ACHRE No. CORP-122794-A), 14.

105 . Begay v. United States, 591 F. Supp. 991, 997.

106 . Ibid.

107 . Ibid.

108 . Richard Lemen, Assistant Surgeon, to D. A. Henderson, Deputy Director, National Institute of Occupational Safety and Health, 12 May 1995 ("Populations at Risk: The Ethics of Observational Data Gathering"). This was a response to a draft ACHRE chapter sent to the agency for review.

109 . National Cancer Institute, National Institutes of Health, Radon and Lung Cancer Risk: A Joint Analysis of 11 Undergound Miner Studies, Publication No. 94-3644 (Washington, D.C.: National Institutes of Health, January 1994).

110 . Committee on the Biological Effects of Ionizing Radiation, Health Risks of Radon and Other Internally Deposited Alpha-Emittters, BEIR IV (Washington, D.C.: National Academy Press, 1986).

111 . The average risk estimate for all eleven mining cohorts is 0.49 percent per WLM, which translates to a "doubling dose"--the dose at which the probability of causation equals 50 percent--of 204 WLM.

112 . For example, the doubling dose for the Colorado cohort is 238 WLM, whereas for the New Mexico cohort it is only 58 WLM. The doubling dose is as low as 84 WLM under age fifty, and exposures at different latency periods should be accumulated with different weights. A consistent "inverse dose rate effect" was found, such that a long low-dose-rate exposure is much more hazardous than a short, intense one (this is the reverse of the usual pattern for x rays and gamma rays). Thus, exposures at a dose rate of greater than 15 WL have 1/10 the effect of those at a rate of less than 0.5 WL, or equivalently a 35+ year exposure is 13.6 times more hazardous than one of less than 5 years.

113 . The studies differ considerably in the quality of data available on smoking and on the pattern of interactions between smoking and radon found. Because of these limitations, a joint analysis of smoking and the above temporal modifiers was not attempted for all studies. One analysis gives an estimated doubling dose of 97 WLM for nonsmokers and 294 WLM for smokers in all cohorts combined. The latter figure is close to the 300 WLM figure specified for smokers in RECA. However, for specific cohorts, the results are quite different. Neither the Colorado nor the New Mexico cohorts show any significant differences in slope between smokers and nonsmokers, although the estimated slopes appear to vary in opposite directions. In the Colorado cohort, the doubling doses are higher for smokers, whereas in the New Mexico cohort the doubling doses are lower for smokers.

114 . The report estimates that 59 percent of the lung cancer deaths in the Colorado cohort and 66 percent of the New Mexico deaths are attributable to radon exposure (87 percent and 47 percent, respectively, among nonsmokers, 59 percent and 74 percent among smokers).

115 . These uncertainties (95 percent confidence limits) are typically of the order of sevenfold, with about 90 percent of the estimates being based on extrapolations from other mines or other years in the absence of any actual measurements.

116 . The court in the Begay decision concluded that the epidemiological study and the conduct of the researchers were consistent with the "medical, ethical and legal standards of the 1940s and 1950s." The researchers "were not experimenting on human beings. They were gathering data to be used for the establishment of enforceable maximum standards of radiation. . . . " Begay v. United States, 591 F. Supp. 991, 997-998.

117 . The PHS could have conducted its research on only the small number of mines that were not privately owned.

118 . 42 C.F.R. [[section]] 1.103 quoted in Begay v. United States, 591 F. Supp. 991, 1011.

119 . Federal Security Agency and the Colorado State Department of Public Health ("An Interim Report of a Health Study of the Uranium Mines and Mills"), i.

120 . For example, see the May 1952 "Interim Report of a Health Study of the Uranium Mines and Mills" compiled by PHS and the Colorado State Department of Public Health; "Proceedings of the Governors' Conference" held in 1960; and correspondence between the Industrial Hygiene Field Station and mining concerns. Duncan A. Holaday, Senior Sanitary Engineer, to J. W. Hill, General Superintendent, U.S. Vanadium Company, 26 March 1951 ("I'm sorry that Dr. Cralley . . .") (ACHRE No. IND-091394-B).

121 . Department of Health, Education, and Welfare, undated ("Uranium Miner Study Record, PHS 2766, Rev. 5-60") (ACHRE No. IND-012395-C), 1.

122 . Uranium Study Advisory Committee, proceedings of 3 December 1953 (ACHRE No. DOE-012595-B), 1.

123 . International Guidelines for Ethical Review of Epidemiological Study (Geneva: CIOMS, 1991), 13.

124 . Ibid., 18.

125 . Judith Sweazey and Stephen Scher, "The Whistleblower as a Deviant Professional: Professional Norms and Responses to Fraud in Clinical Research," Whistleblowing in Biomedical Research, proceedings of a workshop, 21-22 September 1981, 180-2. President's Commission for the Study of Ethical Problems in Medicine and Biomedical Research, 1981.

126 . U.S. Department of State, "Trusteeship Agreement," reprinted in Trust Territories of the Pacific Islands, 1993, appendix B.

127 . According to a 1976 Lawrence Livermore National Laboratory Study: "Bikini Atoll may be the only global source of data on humans where intake via ingestion is thought to contribute the major fraction of plutonium body burden. . . . It is possibly the best available source of data for evaluating the transfer of plutonium across the gut wall after being incorporated into biological systems." W. L. Robison and V. E. Noshkin, 27 September 1976 ("Plutonium Concentration in Dietary and Inhalation Pathways at Bikini and New York") (ACHRE No. DOE-021795-A), 15.

128 . Due to cultural differences and the language barriers, however, Marshallese dietary customs were unknown or ignored. For example, differences in the eating habits between men and women may have led to higher exposure in women. The differences of retention of radionuclides by coconut and land crabs also were not recognized by the American doctors. Ambassador Wilfred Kendall, Advisory Committee on Human Radiation Experiments, proceedings of 15 February 1995; Gordon Dunning to A. H. Seymour, 13 February 1958 ("Operational Responsibilities").

129 . Robert Conard to L. H. Farr, 2 June 1959 ("Future Marshallese Surveys").

130 . See for example, Joint Task Force-7, spring 1954 ("Operation Castle--Radiological Safety, Final Report") (ACHRE No. CORP-063095-A), K-3; and R. A. House, 1 March 1954 ("Memo for the Record").

131 . Robert Conard, Fallout: The Experiences of a Medical Team in the Care of a Marshallese Population Accidentally Exposed to Fallout Radiation (Upton, N.Y.: Associated Universities, Inc., September 1992) (ACHRE No. DOE-082494-A), 15.

132 . Jonathan Weisgall, Operation Crossroads (Annapolis, Md.: Naval Institute Press, 1994), 303.

133 . Merril Eisenbud, interview with ACHRE staff, 12 September 1995 (ACHRE No. ACHRE-091895-A).

134 . There has been a diffference of opinion regarding whether the death, caused by liver disease, was due to radiation exposure or a blood transfusion received after the incident. Stannard, Radioactivity and Health, 914.

135 . Victor Bond, interview by Gil Whittemore and Faith Weiss (ACHRE staff), 1 December 1994, transcript of audio recording (ACHRE Research Project, Interview Program Series, Targeted Interview Project), 57.

136 . Eugene Cronkite, interview by Gil Whittemore and Faith Weiss (ACHRE staff), 1 December 1994, transcript of audio recording (ACHRE Research Project, Interview Program Series, Targeted Interview Project), 42.

137 . Ibid.

138 . Commander, Joint Task Force-7, to Chief, Armed Forces Special Weapons Project, 6 March 1954 ("Project 4.1 Study. . .") (ACHRE No. DOE-033195-B).

139 . E. K. Gilbert, Commander Task Unit 13, USAF, to Commander Eugene P. Cronkite, 8 March 1954 (Letter of Instruction to Cmdr. Eugene P. Cronkite, USN") (ACHRE No. DOE-033195-B).

140 . Ibid.

141 . Ibid.

142 . Interview with Cronkite, 1 December 1994, 37.

143 . Gordon Dunning, Biophysics, to John Bugher, Division of Biology and Medicine, 8 June 1954 ("Basis for Estimation of Whole Body Gamma Dose to Exposed Personnel in the Pacific") (ACHRE No. DOE-033195-B).

144 . Interview with Bond, 1 December 1994, 36.

145 . Naval Station Kwajalein to AEC, 16 March 1954 ("Pastore, Hollifield, and staff . . .") (ACHRE No. DOE-033195-B).

146 . Robert A. Conard, telephone interview with Steve Klaidman (ACHRE staff), 29 June 1995; Interview with Cronkite, 1 December 1994, 60.

147 . Project Officers for Follow-up Studies on Marshallese to John Bugher, DBM, 20 July 1954 ("Plans for the first follow-up study on the Marshallese") (ACHRE No. DOE-051095-B), 3.

148 . Cronkite et al., "Response of Human Beings Accidentally Exposed to Significant Fallout Radiation," Journal of the American Medical Association (1 October 1955): 427-434.

149 . Interview with Bond, 1 December 1994, 38.

150 . Ibid.

151 . Cronkite et al., "Response of Human Beings Accidentally Exposed," 433.

152 . Ibid.

153 . Interview with Bond, 1 December 1994, 42.

154 . Interview with Cronkite, 1 December 1994, 67.

155 . Francis Midkiff, High Commissioner, Trust Territories of the Pacific Islands, to Major General P. W. Clarkson, Joint Task Force-7, 6 May 1954 ("Dr. John Bugher . . . conferred with my staff . . . ") (ACHRE No. DOE-033195-B).

156 . Ibid.

157 . Director, Project 1-M-54, to Surgeon General, 5 July 1954 ("Report of 1-M-54 on 30 Servicemen Exposed to Residual Radiation at Operation Castle") (ACHRE No. DOD-092394-C), 2.

158 . Interview with Cronkite, 1 December 1994, 46.

159 . Ibid.

160 . Colonel Claud Bailey, Department of Defense, Radiation Experiments Command Center, to David Saumweber, ACHRE staff, 14 July 1995 ("DNA response to ACHRE Request 070695-B").

161 . Lieutenant Colonel R.A House, undated, "Discussion of Off-Site Fallout," in Operation Castle, Radiological Safety, Final Report," vol. 1, spring 1954 (ACHRE No. CORP-063095-A), K-59.

162 . Alfred J. Breslin and Melvin E. Cassidy, 18 January 1955 ("Radioactive Debris From Operation Castle Islands of the Mid-Pacific") (ACHRE No. DOE-033195-B).

163 . Thomas Hamilton et al., "Thyroid Neoplasia in Marshall Islanders Exposed to Nuclear Fallout," Journal of the American Medical Association (7 August 1987): 630.

164 . House, "Discussion of Off-Site Fallout," K-59.

165 . Ibid.

166 . Thomas Kunkle, Los Alamos, to Ellyn Weiss, Office of Human Radiation Experiments, 17 April 1995 ("More Comments on the Draft ACHRE Chapter"), 19.

167 . Ambassador Wilfred Kendall, Advisory Committee on Human Radiation Experiments, proceedings of 15 February 1994.

168 . Conard, Fallout, 15.

169 . Robert A. Conard, undated, "Preliminary Report on the Two-Year Medical Resurvey of the Rongelap People" (ACHRE No. DOE-033195-B).

170 . Gordon Dunning, Division of Biology and Medicine, November 1956 ("Review of Data: Radioactive Contamination of Pacific Areas from Nuclear Tests") (ACHRE No. DOE-051095-B).

171 . Holmes & Narver, Inc., November 1957, "Report of Repatriation of the Rongelap People," prepared for the Albuquerque Operations Office of the AEC (ACHRE No. DOE-033195-B), 1.18.

172 . K. E. Fields to Anthony Lausi, Department of the Interior, 4 March 1957 ("The Atomic Energy Commission . . .") (ACHRE No. DOE-033195-B).

173 . Eugene Cronkite to Commander, Joint Task Force-7, 21 April 1954 ("Care and Disposition of Rongelap Natives") (ACHRE No. DOE-051995-B).

174 . Robert A. Conard to Charles L. Dunham, 28 March 1956 ("The medical team . . .") (ACHRE No. CORP-062295-B).

175 . Gordon M. Dunning, Health Physicist, Division of Biology and Medicine, to C. L. Dunham, Director, Division of Biology and Medicine, 13 June 1957 ("Resurvey of Rongelap Atoll") (ACHRE No. CORP-072195-B). In a 13 February 1958 memorandum to Dr. A. H. Seymour of the Division of Biology and Medicine, Dunning characterized the radiological survey as "a poor second alternative" that provided "only a small part of the data we should have obtained." Gordon M. Dunning to A. H. Seymour, 13 February 1958 ("Operational Responsibilities") (ACHRE No. CORP-072195-B).

176 . Robert Conard et al., March 1957 ("Medical Survey of Rongelap and Utirik People Three Years After Exposure to Radioactive Fallout") (ACHRE No. DOE-033195-B), 22.

177 . Lauren R. Donaldson, University of Washington, to Allyn H. Seymour, Division of Biology and Medicine, AEC, 11 January 1957 ("During a conversation . . .") (ACHRE No. CORP-072195-B).

178 . Ibid.

179 . Robert Conard, Review of Medical Findings in a Marshallese Population Twenty-Six Years After Accidental Exposure to Radioactive Fallout (Upton, N.Y.: Associated Universities, January 1980), 8.

180 . Dr. Robert A. Conard, interview by Steve Klaidman, 30 June 1995.

181 . Conard, Fallout, 15.

182 . According to an interview with Marshallese senator Tony deBrum, taboos would have kept Marshallese women from reporting births of severely deformed children to the BNL medical team. Senator Tony deBrum, interview with Steve Klaidman (ACHRE staff), 16 July 1994.

183 . Robert Conard, Three Year Report, 22-23.

184 . Ibid., 6.

185 . Robert Conard, Fallout, 26.

186 . Ibid., 24.

187 . E. L. Cronkite, V. P. Bond, and C. L. Dunham, Some Effects of Ionizing Radiation on Human Beings (Washington, D.C.: Atomic Energy Commission, July 1956) (ACHRE No. CORP-062295-A), 75 .

188 . Undated, "Evaluation of Total Body Water and Blood Volume Using Marshallese Individuals" (ACHRE No. CORP-062295-B).

189 . Interview with Cronkite, 1 December 1994, 59.

190 . Ibid.

191 . Ibid., 60.

192 . Ibid.

193 . For example, Conard noted, "Polio was introduced into the Islands by an infected sailor from a visiting ship. A widespread epidemic occurred, with nearly 200 cases of paralysis." Conard, Fallout, 14.

194 . Hugh Pratt, "Position Paper for the Marshall Islands Study from Brookhaven National Laboratory," 1 December 1978 (ACHRE No. DOE-051094-A).

195 . Robert Conard to Charles Dunham, 5 June 1958 ("I sent you a letter . . .") (ACHRE No. CORP-012395-A), 2.

196 . Edward E. Held to Robert A. Conard, 16 September 1958 ("We have been back in Seattle . . .") (ACHRE No. CORP-062295-B).

197 . Ibid.

198 . Konrad Kotrady, "The Brookhaven Medical Program to Detect Radiation in the Marshallese People," 1 January 1977 (ACHRE No. CORP-062295-B), 5.

199 . Robert A. Conard to John R. Totter, 4 November 1970 ("I have just returned . . .") (ACHRE No. DOE-052695-A).

200 . Ezra Riklon, interview by Holly Barker, transcript of audio recording, 18 August 1994, provided by Marshallese Embassy (ACHRE No. CORP-092694-A).

201 . Dr. Hugh Pratt, telephone interview with ACHRE staff, 29 July 1995 (ACHRE No. ACHRE-091895-A).

202 . Kotrady, "Brookhaven Medical Program," 8.

203 . Charles L. Dunham to the People of Rongelap, 2 February 1961.

204 . Ibid.

205 . Robert Conard to Courts Oulahan, Deputy General Counsel, AEC, 17 April 1961 ("In regard to our telephone conversation . . .") (ACHRE No. CORP-062295-B).

206 . Ibid.

207 . Conard, Twenty-Six Year Report, vi.

208 . Bond, interview with ACHRE staff, 1 December 1994, 80-81.

209 . Kotrady, "Brookhaven Medical Program," 13.

210 . Conard, Twenty-Six Year Report, vi.

211 . Ibid.

212 . Martin Biles, AEC, Division of Operational Safety, to Julius Rubin Assistant General Manager for Environment and Safety, 13 March 1972 ("Summary of Activities Related to Several Pacific Atolls") (ACHRE No. DOE-033195-B), 2.

213 . Conard, Twenty-Six Year Report, v.

214 . Conard, Twenty-Six Year Report, v.

215 . Ibid., 44.

216 . Ibid., v-vi.

217 . Ibid., vi.

218 . Jim Beirne, Senate Energy Committee, interview with Steve Klaidman (ACHRE staff), 3 July 1995 (ACHRE No. ACHRE-091895-A).

219 . Conard, Fallout, 14; Conard, Twenty-Six Year Report, vi.

220 . National Research Council, Radiological Assessments for Resettlement of Rongelap in the Republic of the Marshall Islands (Washington, D.C.: National Academy Press, 1994), 86.

221 . Ibid., 6-7.

222 . Compact of Free Association, 48 U.S.C., sec. 177(c).

223 . Ibid.

224 . Ibid., sec. 177 (a).

225 . Interview with Beirne, 3 July 1995.

226 . Ibid.

227 . Kaare Rodahl, M.D., and Gisle Bang, D.D.S., "Thyroid Activity in Men Exposed to Cold," Technical Report 57-36 (Alaskan Air Command, Arctic Aeromedical Laboratory, Ladd Air Force Base: October 1957) (ACHRE No. CORP-071294-A), 81.

228 . Loren Setlow, Advisory Committee on Human Radiation Experiments, transcript of proceedings of 16 March 1995, 440.

229 . For an extensive bibliography see Robert Fortuine, M.D., et al., "The Health of the Inuit of North America," Arctic Medical Research 52, supplement 8 (1953): 86-91. All fifty-one studies listed under "Radiobiology and Radioactive Substances" are either reports on monitoring fallout or survey articles.

230 . The IOM/NRC Committee's members are Professor Chester M. Pierce, Harvard Medical School; Dr. David Baines, native Alaskan physician; Professor Inda Chopra, UCLA School of Medicine; Associate Professor Nancy M. P. King, University of North Carolina School of Medicine; Professor Kenneth Mossman, Arizona State University. Administering the committee is Loren Setlow, director of the NRC's Polar Research Board. The committee is examining the I-131 study to determine compliance with contemporaneous guidelines for human subject research; compliance with contemporaneous and modern radiation exposure standards; notification of participants of possible risk; and whether follow-up studies should have been conducted. The IOM/NRC committee will make recommendations to the Department of Defense, which must then report to Congress.

231 . Chester Pierce, Advisory Committee on Human Radiation Experiments, transcript of proceedings of 16 March 1995, 429.

232 . Rodahl and Bang, "Thyroid Activity in Men Exposed to Cold," 75-77.

233 . Ibid., 83.

234 . Pierce, Advisory Committee on Human Radiation Experiments, transcript of proceedings of 16 March 1995, 433.

235 . Ibid., 433-434.

236 . Ibid., 429.

237 . Rodahl and Bang, "Thyroid Activity in Men Exposed to Cold," 3.

238 . See Loren Setlow, Advisory Committee on Human Radiation Experiments, transcript of proceedings of 16 March 1995, 442. Concerning longer scanning times, see Rodahl and Bang, "Thyroid Activity in Men Exposed to Cold," 32.

239 . Pierce, Advisory Committee on Human Radiation Experiments, transcript of proceedings of 16 March 1995, 430-431.

240 . Ibid., 430-431.

241 . Ibid., 432.

242 . Department of the Air Force, "Research and Development, Clinical Research," AFAR 80-22 (28 July 1952).

243 . Atomic Energy Commission, Division of Civilian Application, "The Medical Use of Radioisotopes: Recommendations and Requirements by the Atomic Energy Commission, " February 1956 (ACHRE No. NARA-082294-A-96), 15.

244 . See 15 March 1957 letter from Kaare Rodahl, M.D., to Colonel D. M. Alderson, USAF, Deputy Chief, Preventive Medicine Division, Office of the Surgeon General ("In accordance with your letter of June 21, 1956 . . .") (ACHRE No. NAS- 072195-A), and 26 April 1957 letter from Cecil R. Buchanan, Assistant Chief, Byproduct Licensing Branch, Isotopes Extension, Division of Civilian Application, to Colonel Jay F. Gamel, Headquarters, Air Material Command, United States Air Force ("License no. 46-50-1") (ACHRE No. NAS-072195-A).

245 . Ibid., 1-2.

246 . Pierce, Advisory Committee on Human Radiation Experiments, transcript of proceedings of 16 March 1995, 429.

247 . Ibid., 434.

248 . Ibid., 436.

249 . Ibid.

250 . Ibid., 437.

251 . C. C. Ijsselmuiden and R. R. Faden, "Research and Informed Consent in Africa: Another Look," New England Journal of Medicine 326, no. 12 (1992): 830-834.

252 . Rodahl and Bang, "Thyroid Activity in Men Exposed to Cold," 15.

253 . Ibid., 16.

254 . Pierce, Advisory Committee on Human Radiation Experiments, transcript of proceedings of 16 March 1995, 435.

255 . Chester Pierce and Loren Setlow, Advisory Committee on Human Radiation Experiments, transcript of proceedings of 16 March 1995, 454.