Ay o4 f Wut . ART S4 t AL : ‘ 9/15/76 INFORMAL MEMO Possible Legal Basis for AEC Support of Medical Examinations of the Marshallese Islanders Exposed to Radioactive Fallout in 1954 At the time of the weapons testing in March 1954, which resulted in the accidental exposure to the people of the islands of Rc~ e2lap, Rongerik and Uterik, the Marshall Islands were a Trust Territory of the .58. The initial response to the incident was undertaken by the Task Force Commander of the testing operation,who evacuated the 28 American personnel manning weather stations on the islands and the 236 Marshallese natives to the naval establishment at Kwajalein for medical supervision. The first examinations in 1954 after the fallout were conducted by an emergency medical team requested by the AEC, largely of Navy medical personnel. direction of Dr. R. A. directed by Dr. E. P. Cronkite and composed In 1956 the surveys were placed under the Conard at BNL. The surveys have been conducted in con- junction with the Department of Health Services of the Trust Territory, Armed Forces Medical Specialists and specialists from the U.S. Largely as a result of the concern felt throughout the country following the March 1, 1954, thermonuclear test explosion at Bikini, a number of scientific bodies in the U.S. passed resolutions requesting that a study be made of the possible effects on the human race of continued nuclear weapons testing. The Bikini fallout incident made it abundantly clear that fallout was important from the standpoint of continued weapons testing. Relevant to this effort in the Marshall Islands are the following sections from the "3,4 Atomic Energy Act, as amended: Tn order to protect the public and to encourage the development of the atomic energy industry, in the interest of the general welfare and of the common defense and security, the United States may make funds available for a portion of the damages suffered by the public from nuclear incidents, and may limit the liability of those persons liable for such losses," "i. The term ‘extraordinary nuclear occurrence’ means any event causing a discharge or dispersal of source, special nuclear, or byproduct material from its intended place of confinement in amounts offsite, or causing radiation levels offsite, which the Commission determines to be substantial, and which the Commission determines has resulted or will probably result in substantial damages to persons offsite or property offsite. Any determination by the Commission that such an event has, or has not, occurred shall be final and conclusive, and no other official or any court shall have power or jurisdiction to review any such determination. The Commission shall establish criteria in writing setting forth the basis upon which such determination meposrrony DOE - FORRESTAL couection MARKEY FILES 1912291 BOX Ne. Q G FOLDER * 2 S of G MAUSHALLESE 'SLADS © NOV 1%7G - OCT 27,1977