USE OF VOLUNTEERS AS SUBJECTS OF RESEARCH

• Document Type: CREST
• Collection: STARGATE
• Document Number (FOIA) /ESDN (CREST): CIA-RDP96-00788R001500140008-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: November 4, 2016
• Document Release Date: May 15, 2000
• Sequence Number: 8
• Publication Date: September 15, 1974
• Content Type: REGULATION

HEADQUARTERS,
DEPARTMENT OF THE ARMY
WASHINGTON, DC, 81 July 1974
RESEARCH AND DEVELOPMENT
USE OF VOLUNTEERS AS SUBJECTS OF RESEARCH
Effective 15 September 1974
This revision transfers the final approval authority from the Chief of Research and Develop-
ment to The Surgeon General for all research using volunteers, except research involving
nuclear and chemical warfare agents and identifies the requirement for use of active duty
military personnel as volunteers and instructs major commanders to provide assistance in
their recruitment. Local limited supplementation of this regulation is permitted, but is not
required. If supplements are issued, Army Staff agencies and major Army commands will
furnish one copy of each to HQDA (DASG-RDZ), Washington, DC 20310. Other commands will
furnish one copy each to the next higher headquarters.
Purpose------------------------------------------------------------------- 1
Definition------------------------------------------------------------------ 2
Exemptions---------------------------------------------------------------- 3
Basic principles -------------------------------------------------------------- 4
Additional safeguards------------------------------------------------------- 5
6
Approval to conduct experiment--_, ------------------------------------------
7
Civilian employees----------------------------------------------------------
Recruitment of active duty military volunteers--------------------------------- 8
Appendix. Legal implications
1. Purpose. These regulations prescribe policies
and procedures governing the use of volunteers
as subjects in Department of the Army research
wherein human beings are deliberately exposed to
sual or potentially hazardous conditions.
UAW
These regulations are applicable worldwide, wher-
ever volunteers are used as subjects in Department
of the Army research.
2. Definition. For the purpose of these regu-
lations, unusual and potentially hazardous condi-
tions are those which may be reasonably expected
to involve the risk, beyond the normal call of duty,
of privation, discomfort, distress, pain, damage to
health, bodily harm, physical injury, or death.
3. Exemptions. The following categories of
activities and investigative programs are exempt
from the provisions of these regulations:
a. Research and nonresearch programs, tasks,
and tests which may involve inherent occupa-
tional hazards to health or exposure of personnel
to potentially hazardous situations encountered as
part of training or other normal duties, e.g., flight
training, jump training, marksmanship training,
ranger training, fire drills, gas drills, and handling
of explosives.
b. That portion of human factors research
which involves normal training or other military
duties as part of an experiment, wherein disclosure
of experimental conditions to participating per-
sonnel would reveal the artificial nature of
such conditions and defeat the purpose of the
investigation.
c. Ethical medical and clinical investigations
involving the basic disease process or new treat-
ment procedures conducted by the Army Medical
Service for the benefit of patients.
4. Basic principles. Certain basic principles must
be observed to satisfy moral, ethical, and legal
concepts. These are-
a. Voluntary consent is absolutely essential.
(1) The volunteer will have legal capacity to
give consent, and must give consent freely without
being subjected to any force or duress. He must
have sufficient understanding of the implications
of his participation to enable him to make an
informed decision, so far as such knowledge does
not compromise the experiment. He will be told as
much of the nature, duration, and purpose of the
experiment, the method and means by which it is
to be conducted, and the inconveniences and
hazards to be expected, as will not invalidate the
results. He will be fully informed of the effects
upon his health or person which may possibly come
from his participation in the experiment.
(2) The consent of the volunteer will be in
writing. A document setting forth substantially
the above requirements will be signed by the
volunteer in the presence of at least one witness
*This regulation supersedes AR 70-25,26 March 1962.
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not involved in the research study who will attest
to such signature in writing.
(3) The responsibility for ascertaining the
quality of the consent rests upon each person who
initiates, directs, or conducts the experiment. It is
a personal responsibility which may not be
delegated.
b. The number of volunteers used will be kept
at a minimum consistent with c below.
c. The experiment must be such as to contribute
significantly to approved research and have rea-
sonable prospects of yielding militarily important
results essential to an Army research program
which are not obtainable by other methods or
means of study.
d. The experiment will be conducted so as to
avoid all unnecessary physical and mental suffering
and injury.
e. No experiment will be conducted if there is
any reason inherent to the nature of the experi-
ment to believe that death or disabling injury
will occur.
f. The degree of risk to be taken will never ex-
ceed.that determined to be required by the urgency
or importance of the Army program for which the
experiment is necessary.
g. Proper preparations will be made and ade-
quate facilities provided to protect the volunteer
against all foreseeable possibilities of injury, dis-
ability, or death.
h. The experiment will be conducted only by
scientifically qualified persons. The highest de-
gree of skill and care will be required during all
stages of the experiment of persons who conduct
or engage in the experiment.
i. The volunteer will be informed that at any
time during the course of the experiment he will
have the right to revoke his consent and withdraw
from the experiment, without prejudice to himself.
j. Volunteers will have no physical or mental
diseases which will make the proposed experi-
ment more hazardous for them than for normal
healthy persons. This determination will be made
by the project leader with, if necessary, competent
medical advice.
k. The scientist in charge will be prepared to
terminate the experiment at any stage if he has
probable cause to believe, in the exercise of the
good faith, superior skill, and careful judgment
required of him, that continuation is likely to result
in injury, disability, or death to the volunteer.
1. Prisoners of war will not be used under any
circumstances.
5. Additional safeguards. As added protection for
volunteers, the following safeguards will be
provided:
a. A physician approved by The Surgeon General
will be responsible for the medical care of volun-
teers. The physician may or may not be the project
leader but will have authority to terminate the
experiment at any time that he believes death,
injury, or bodily harm is likely to result.
b. All apparatus and instruments necessary to
deal with likely emergency situations will be
available.
c. Required medical treatment and hospitaliza-
tion will be provided for all casualties.
d. The physician in charge will have consultants
available to him on short notice throughout the
experiment who are competent to advise or assist
with complications which can be anticipated.
6. Approval to conduct experiment. It is the re-
sponsibility of the head of each major command
and other agency to submit to The Surgeon
General a written proposal for studies which come
within the purview of this directive. The proposal
will include for each study the name of the
person to be in charge, name of the proposed
attending physician, and the detailed plan of the
experiment. The Surgeon General has final
approval authority for all research using volun-
teers except research with nuclear or chemical
warfare agents. Proposals for research with nuclear
or chemical warfare agents will be forwarded by
The Surgeon General with recommendations on
medical aspects to the Secretary of the Army for
approval.
7. Civilian employees. When civilian employ-
ees of the Department of the Army volunteer
under this program, the following instructions will
be observed:
a. Any duty as a volunteer performed during
the employee's regularly scheduled tour of duty
will be considered as constructive duty for which
straight time rates are payable. Time spent in
connection with an experiment outside the em-
ployee's regularly scheduled tour will be consid-
ered as voluntary overtime for which no payment
may be made nor compensatory time granted.
The employee will be so informed before accep-
tance of his volunteer services.
b. Claims submitted to the Bureau of Em-
ployees' Compensation, U.S. Department of
Labor, because of disability or death resulting
from an employee's voluntary participation in
experiments, will include a citation to title 10,
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United States Code, section 4503 as the Depart-
ment of the Army authority for the use of such
volunteer services.
c. All questions concerning hours of duty, pay,
leave, compensation claims, or application of other
civilian personnel regulations to volunteer em-
ployees will be presented through channels to the
Deputy Chief of Staff for Personnel, ATTN:
Office of Civilian Personnel.
8. Recruitment of.active duty military volunteers.
Some research will require active duty military
personnel as volunteers because of the nature of
the investigations. Recruiting is best accom-
plished by research personnel responsible for
conduct of the research. Major commanders will
provide assistance to recruiting teams. At all
times recruiting will be conducted in a morally,
ethically, and legally acceptable manner.
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APPENDIX
LEGAL IMPLICATIONS
The following opinions of The Judge Advocate
General furnish specific guidance for all partici-
pants in research using volunteers :
1. Authority. The Secretary of the Army is
authorized to conduct research and development
programs including the procurement of services
that are needed for these programs (10 U.S.C.
4503). The Secretary has the authority to "assign
detail and prescribe the duties" of both members
of the Army and civilian personnel (10 U.S.C.
3012(e)).
2. Military personnel and Department of the
Army civilian employees. Compensation for the
disability of death of a civilian employee re-
sulting from personal injury or disease proxi-
mately caused by his employment is payable under
the Federal Employees Compensation Act (39
Stat. 742 et seq.), as amended (5 U.S.C. 751 et
seq.), regardless of whether his employment was
of a hazardous nature. The amount and type of
disability compensation or other benefits payable
by reason of the death or disability of a member
of the Army resulting from injury or disease in-
cident to service depends upon the individual
status of each member, and is covered by various
provisions of law. It may be stated generally that
under present laws no additional rights against
the Government will result from the death or dis-
ability of military and civilian personnel par-
ticipating in experiments by reason of the hazard-
ous nature of the operations.
3. Private citizens. It is the policy of the United
States to prohibit the acceptance of voluntary
services particularly when they may provide
a basis for a future claim against the Government.
(R.S. 3679, as amended; 31 U.S.C. 665(b)).
4. Use of appropriated funds for the purchase of
insurance. As the payment of insurance pre-
miums on the life of an officer or employee of the
United States is a form of compensation which
is not currently authorized, payment of those
premiums is prohibited (R.S. 1765; Commissioner
of Internal Revenue v. Bonwit, 87 F 2d 764 (2d
Cir. 1937); Canaday v. Guitteau, 86 F 2d 303 (6th
Cir. 1936); 24 Comp Gen. 648 (1945)).
5. Contractor's employees. There appears to
be no legal objection to the use of employees of
contractors in research and development experi-
ments. It is the responsibility of the contracting
officer to determine whether the terms of the con-
tract are sufficiently broad to permit the partici-
pation of these employees. Generally, benefits to
which private employees may become entitled by
reason of death or disability resulting from their
employment are payable under State law except
persons covered by the survivors insurance pro-
visions of the Social Security Act (49 Stat. 623,
as amended (42 U.S.C. 402)). Reimbursement of
the employer for additional costs by reason of this
liability of his employees will depend upon the
terms of each contract. These employees are not
disqualified from prosecuting claims against the
Government under the Federal Torts Claims Act
(28 U.S.C. 2671 et seq., see AR 25-70). In cost
reimbursement type research contracts with com-
mercial organizations the cost of maintaining
group accident and life insurance may be reim-
bursed to the contractor (subject to certain ex-
ceptions) under ASPR 15-205.16 provided that
the approval of the head of the Procuring Activity
is obtained (APP 10-551).
6. Irregular or fee-basis employees. Intermittent
services of such employees are authorized. (For
experts and consultants see Sec. 15, Act of 2 Aug
1946 (60 Stat. 810; 5 U.S.C. 55a); Sec. 501, DoD
Appropriation Act, 1961 (74 Stat. 349); note APP
30-204.1, CPR A7; Sec. 710 Defense Production
Act of 1960 (64 Stat. 819; 50 U.S.C. App 2160) ;
and for architects, engineers, and other technical
and professional personnel on a fee basis, see 10
U.S.C. 4540.). Whether these employees can be
detailed or assigned to the proposed experiments
will depend upon the statutory authority for
employment and the provisions of their employ-
ment agreement in each case. The Federal Em-
ployees Compensation Act, supra, in all probability
applies with respect to these irregular and fee-
basis employees for any injury or disease resulting
from their employment, although a final deter-
mination in such cases will have to be made by the
Bureau of Employees Compensation, Department
of Labor. Subject to such restrictions and limita-
tions as may appear in the statutory authority
under which he is employed, it would appear that
the Government may legally bear the expense of
premiums upon the life of an irregular or fee-
basis employee whose rate of compensation is not
fixed by law or regulations. In this regard, it may
be advisable for the Government to provide an
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additional allowance to the employee for financing 7. Conclusion. Subject to the above conditions,
such private insurance arrangements as he may Armed Forces personnel and/or civilians on duty
wish to make rather than to undertake direct at installations engaged in research in subject
negotiations with insurance carriers for the desired fields will be permitted to actively participate in
coverage. all phases of the program.
The proponent agency of this regulation is the Office of The Surgeon
General. Users are invited to send comments and suggested improve-
ments on DA Form 2028 (Recommended Changes to Publications and
Blank Forms) to HQDA (DASG-RDZ), WASH DC 20310.
By Order of the Secretary of the Army :
Ofi.cial :
VERNE L. BOWERS
Major General, United States Army
The Adjutant General
CREIGHTON W. ABRAMS
General, United States Army
Chief of Staff
DISTRIBUTION :
Active Army, ARNG, USAG : To be distributed in accordance with DA Form 12-9A require-
ments for AR, Research and Development-D (Qty Rqr Block No. 112)
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 15 February 1982
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j)ersonne ay be provx ed by Army iritelli?- means transmission of information about the
gence components to state and local law en.- operation or personnel of an agency that is not
forcemgxxt authorities only when lives are en- available publicly.)
d'ingt;red 'and only pursuant to a request by the b policy. Employees of Army intelligence
head of` such authority. Such requests must be components who are assigned to work for and
approved by the Secretary or Under Secretary under the direction of another agency of the
of the Army. Under these circumstances expert federal government will conduct themselves
personnel may be provided to such agency pro- for the duration of their assignment. as if they
vided participation in law enforcement activi- were employees of that agency. Any responsi-
bilities to provide information to or services
(a) Only personnel with technical skills for DA will be stated expressly and made a part
not readily available to such law enforcement of the terms of the assignment.
authorities, which can be utilized to prevent
death or serious injury, may be provided; c. Procedures.
(1) Assignment of employees of Army in-
(b) Provision of such personnel will be telligence components to other agencies within
limited to that necessary to prevent the death the federal government is governed by DOD
or serious injury that is threatened, but in no Directive 1000.17. The memorandum of agree-
than case 72 shall hours; such assistance be provided for more ment concerning such assignment and required
by subsection D(6) (c) (1) of the Directive shall
(c) Such personnel are not used to ap. include-
prehend persons who are suspected of corn- (a) An identification of the Army intel-
or mi.tting, or who are about to commit, a crime, ligence component from which the employee
(d) Use of such personnel does not vio..
late the Posse Comitatus Act.
(3) Emergency assistance. In emergency
situations, where life is endangered, the request
required in (1) and (2) above may be oral,
provided that it is reduced to writing and sub-
mitted to HQDA(DAMI--CIC) within'72 hours,.
Where life is endangered, doubt as to the legal-
ity and propriety of the requested assistance
under this procedure should be resolved in favor
of providing the assistance.
2-17. Procedure 17. Assignment of intelligence
personnel to other agencies. a. Applicability
and scope. This procedure applies to the as-.
sigrinxent of DA intelligence personnel to other
agencies within the federal government. This
procedure does not apply to----
(1) Assignment to state or local govern-,
rnents, corporations or other private organiza-
tions.
(2) Assignment to another agency within
the intelligence community when part of the
purpose of the assignment is to gain experience
and knowledge about the activities of the other
agency. (Reporting or report in this context
has been assigned by DA.
(b) A statement delineating the em-
ployee's responsibilities, if any, for reporting
to the DA about matters that come to the em-
ployee's attention while on assignment outside
the Department.
(2) Other than is permitted by the terms
of the memorandum of agreement pursuant to
DoD Directive 1000.17, an employee of an Army
intelligence component on assignment to an-
other agency of the federal government may not
report to any Army component the operations
or personnel of the agency to which the em-
ployee is assigned.
(3) After completion of an assignment to
another agency of the federal government and
return to DA, an employee remains under the
same restrictions, as to reporting, that applied
when the employee was on such assignment.
2-18. Procedure 18. Experimentation on human
subjects. a. Applicability and scope.
(1) This procedure applies to experimen-
tation on human subjects if such experimenta-
tion is conducted by or on behalf of any Army
intelligence component. This procedure does not
apply to experimentation on animal subjects.
 AR 381-10
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(2) Experimentation in this context means
a research, development, or related activity that
rLay expose an individual to the possibility of
injury (including physical, psychological, or
social injury) that increases the ordinary risks
of daily life for the subject (including the rec-
ognized risks inherent in a chosen occupation
or field of service), or that temporarily ad-
versely affects a person's mental or physical
condition.
(3) Experimentation is conducted "on be-
half of" an Army intelligence component if it is
conducted under contract to that component; or
,to another Army component for the benefit of
the intelligence component, or at the request of
such a component regardless of the existence
of a contractual relationship.
(4) Human subjects in this context in-
cludes any person regardless of whether the
person qualifies as a US person.
b. Policy. Army intelligence components may
conduct experimentation on human subjects
only when an important foreign intelligence or
CI purpose is to be served, only after the in-
formed consent of the subject has been obtained
in writing, and only in accordance with guide-
lines issued by the Department of Health and
Human Services setting out conditions that
safeguard the welfare of the subjects, and other
applicable regulations.
c. Procedure. Army intelligence components
may not engage in or contract for experimen-
tation on human subjects without prior ap-
proval of the Secretary or Under Secretary of
the Army.
2-19. Procedure 19. Special activities. a. Ap-
plicability and scope.
(1) This procedure applies to the conduct
and support of special activities by Army intel-
ligence components. This procedure also applies
to other Army components that provide support
for special activities conducted by DoD intel-
ligence components and other agencies within
the Intelligence Community. These procedures
do not apply to-
(a) Diplomatic or military
tivities conducted by :DOD.
(b) The collection and production of in-
telligence;
(c) Any functions in support of the
collection and production intelligence; or
(d) The conduct of special. activities by
the military services in armed conflict or to
military deception operations targeted, for mili-
tary purposes, against a hostile foreign power.
(2) Conspiracy in this context has the
same meaning as in the criminal law context
and requires an overt act. Neither the term
"assassination" nor the term "conspire" in-
clude military or civilian measures against on-
going international terrorist activities (which
is a defined term (see glossary) and should be
construed strictly), aircraft hijackings, or in
response to danger of substantial physical harm
to any person. These terms do not apply to
actions of the military services in the execu-
tion of lawfully ordered military operations.
(3) Diplomatic and military attache activ-
ities means the representational, information
gathering, and reporting activities performed
by diplomatic and military attache personnel
abroad.
(4) Production of intelligence means the
process of developing "intelligence products"
which is a defined term. (see glossary).
(5) Special activities mean activities con-
ducted abroad in support of national foreign
policy objectives that are designed to further
official US programs and policies abroad; that
are planned and executed so that the role of the
United States Government is not apparent, or
acknowledged publicly and functions in support
of such activities, but not including diplomatic
and military attache activities or the collection
and production of intelligence or related sup.
port functions.
(6) Support, when used in this context
means the provision of assistance in the form;
of transportation, training, supplies, equipment,
or expert personnel.
b. Policy. No Army intelligence componen
will participate in the conduct or support
special activities. No other Array compon
will provide support for special activities exe
upon the specific direction of the Secretary
14
Under Secretary of the Army and the Secretkf~j
or
tiol
cia
pro
out
for
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pri star
on
eng
C com
in t
will
HQl
Und
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2-20
ploy,
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(Sur
a.
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b.
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 ;PIkrbrury 42 [fI -t0
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ersonile) may be provided by Army intelli-
.qn~c co111ponents to state and local law en.
:,,rt ernellt authorities only when lives are ell-
',,;t);cred and only pursuant to a request by the
;;tel of such authority. Such requests inltst. be
.u1)roved toy the Secretary or Under Secretary
the Army. Under these circumstances expert
~rsonnel may be provided to such agency pro-
?ded participation in law enforcement activi-
is limited as follows:
(a) Only personnel with technical skills
readily available to such law enforcement
.':tiloritie,s, which can be utilized to prevent
:stir or serious injury, may be provided;
(b) Provision of such personnel will be
:n;ited to that necessary to prevent the death
.,? serious injury that is threatened, but in no
s:;te shall such assistance be provided for more
i...u 72 hours;
(e) Such personnel are not used to ap-
'j eehend persons who are suspected of com-
!';tiing!, or who are about to commit, a crime,
(d) Use of such personnel does not vio-
the Posse Comitatus Act.
(3) Emergency assistance. In enler'geney
taactions, where life is endangered, the request
,..;aired in (1.) and (2) above may be oral,
,ovided that it is reduced to writing; and sub-
?.,atted to IIQ1)A(DAM.I-CIC) within 72 hours.
llc:rc life is endangered, doubt as to the legal-
and propriety of the requested assistance
sder this. procedure should be resolved in favor
)ruviding the assistance.
Procedure 17. Assignment of intelligence
,rsolilt el to other agencies, a. Apg)licobiiiil/
sco,l)c. This procedure applies to the as-
tnrlent of DA intelligence personnel to other
tl!e'11ddes within the federal grovernment. This
l.r; educe dues not apply to---.
(1) Assignment to state or local guvern-
corporations or other private org;aniza-
,Io11s.
t2) Assignment to another agency within
intelligence community when part of the
i~r;,.sse of the assignment is to gain ex,)erie nee
-;3l,nowledgre about the activities of the other
00%. (reporting or report in this coatexi
rnc:slla transmission of information about the
U1,t`1'attlt;ll or tPer'sonne) of an agency that is not
aavailable publicly.)
b. Pob't,Y. Employees of Army intelligence
comi)otwnts wh,, a1'e ass,ig;ned to work for and
nnW r the direction of atilother agency of the
fedt?rasl goveernnlet-t will conduct themselves
for the duration of their n.ssignnient as if they
wort, employee:) of that agency. Any responsi-
bilities to provide information to or services
for 1).A will be stated expressly and made a part
of 111x' te'r'ms of the assignmcrit,
,:. Pro (( daces.
{ 1) Assignment of employees of Army in-
telligrencc- components to other agencies within
the federal government. is governed by DOD
Directive 1000.17, The memorandum of agree-
ntent concerning such assigrtnlent and required
by subsection 1)(6) (c) (1) of tho Directive shall
include--.
(o.) An identification of the Army intel.
Iig~cru e co;nt)unent from which the employee
has been assigned by 1)A.
(b) A statement delineating the era-
pli)yt:i'; responsibilities, if any, for reporting
to the DA about matters that collie to the ern_
ploycr's attention while on assignment outside
the Department.
(2) Other than is permitted by the terms
of the tln:ni )rand oat of agreement pursuant to
1)01) I)ii'ective 1000.1 7, an employee of an Array
intelligence Component on assilrnment to
an- agency of the fe:cleral government may not
a'el)urt to any Army ('oonll)onent the operations
or? 1:)ersonnel of the agency to which the em-
1)lo ec is assigned.
(3) After completion of our assignment to
'11101~rer agency of the federal govel'tlrrlerlt and
return to DA, an employee remains under the
:.ants' restrictions, as to report hg, that applied
',c'hcli the employee was on ouch assigilrnfnit,
2--1.i. Procedure 1':. i::xperimentation on httnsr..n
subjects. a. 11 ~a1;lic,rb lil(/ et,d scope.
t 1) This procedure applie.l to experimerl-
Iatiolr a)1- human subjects if such experimentaa-
tiota i.s r?ncluuted by or on behalf of any Army
in telligunce co111ponent. 't'his pr' codiire doe.0 not
apply to t-xpvi'tnlent.a1titt-1 un anima] subjt'rt:f.
fF~lerta`F.; mg.~tMA>aVay
7 !tt~'t7 Sl,`kn Y,~ J A.N ;'_" 9 g9 k
 4
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AR 381--10
(2) Experimentation in this context means
a research, development, or related activity that
may expose an individual to the possibility of
injury (including physical, p.mychologica), or
social injury) that increases the ordinary risks
of daily life for the subject !in iuding the roc.
ognized risks inherent in a chosen occupation
or field of service), or that temporarily ad-
versely affects a person's mental or physical
condition.
(3) Experimentation is conaluctcd "on be-
half of" an Army intelligence component, if it. is
conducted under contract to that component or
to another Army component for the benefit of
the intelligence component, or at the reque.it of
such a component regardless oaf the existence
of a contractual relationship.
(4) Human subjects in this context in-
cludes any person regardless of whether the
person qualities as a US person.
b. Policy. Army intelligence components may
conduct experimentation on human subjects
only when an important foreign intelligence or
Cl purpose is to be served, only after the in-
formed consent of the subject has been obtained
in writing, and only in accordance with guide-
lines issued by the Department of Health and
Human Services w!tt:ing out conditions that
safeguard the welfare of the subjects, and other
applicable regulation,%
c. Procedure. Army intelligence components
may not engage in or contract for experimen-
tation on human subjects without prior ap-
proval of the Secretary or Under Secretary of
the Army.
2-19. Procedure 19. Special
plicability and scope.
activities. cs, Ap-
(1) This procedure applies to.the conduct
and support, of special activities by Army intel-
ligence components. This procedure also applies
to other Army components that provide support,
for special activities conducted by DoD intel-
ligence components and other agencies within
the Intelligence Community. These j-,roccedurQQM
do not apply to-
(a) Diplomatic or military attache ac-
tivities conducted by DOD.
15 February 1
(b) The collection and production of
tellrgence ;
(c) Any functions in support of
collection and production intelligence; or
(cl) The conduct of special activities
the military services in armed conflict or
military deception operations targeted, for m
tary purposes, against a hostile foreign pow,
(2) Conspiracy in this context has t
same meaning as in the criminal law conte
and requires an overt act. Neither the ter
`"assassination" nor the term "conspire" 1
elude military or civilian measures against o
going international terrorist activities (whi,
is a defined term (see glossary) and should
construed strictly), aircraft hijackings, or
response to danger of substantial physical har
to any parson. These terms do not -)I
UP apy -.
actions of the military services in the t~k
tion of lawfully ordered military operations.
(3) Diplomatic and military attache acti
ities means the representational, informant
gathering, and reporting activities performt
by diploni itic and military attache persona
abroad.
(4) Production of intelligence means ti
process of developing "intelligence produeb
which is a defined term. (see glossary).
(5) Special activities mean activities ca
ducted abroad in support of national foreii
policy objectives that are designed to'furth.
official US programs and policies abroad; the
are planned and executed so that the role of tl
United States Government is not apparent, c
acknowledged publicly and functions in suppo
of such activities, but not including diplomat
and military attache activities or the collectic
and production of intelligence or related su-
port functions.
(6) Support, when used in this contex
means the provision of assistance in the for.
of transportation, training, supplies, equipmei
or expert personnel. -.
b. Policy, No Army intelligence conrponen
Will participate in the conduct or support (
special activities. No other Army compose)
will provide support for special activities excel
upon the specific direction of the Secretary ,
Under Secretary of the Army and the Secretar
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