ARMY LEGAL GUIDANCE RE GRILL FLAME

• Document Type: CREST
• Collection: STARGATE
• Document Number (FOIA) /ESDN (CREST): CIA-RDP96-00788R001200240004-0
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 4
• Document Creation Date: November 4, 2016
• Document Release Date: May 13, 2004
• Sequence Number: 4
• Content Type: REPORT

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ApprovFor Release 2004/07/09: CIA-RDP96-00788R001200240004-
FROM SSO ACSI DA
TO SSO DARCOM
SSO ABERDEEN
SSO REDSTONE
SOO MEADE
INFO SSO DIA
AFSSO FTD
AFSSO SAMSO
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SSO MT VIEW
C ONF I D E N T IALORCON
FROM COL WELLS, DAMI-IS. DARCOM for Mr. Haley/DRCDE. Aberdeen for Mr. Kramar,
AMSAA-DRCSY-DD. Redstone for Mr. Clinton/DIRMI-YB, and Mr. Green/DRDMI-EAA.
Meade for MAJ Watt/DIRHUM. DIA for Dr. Vorona/DT. USAF for LTC Bloom/AF-INYS.
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FTD for Mr. Graff/TQTR. SAMSO for Mr. Dailey/DDR&E.
CNO for Dr. Mehuron/OP-OO(T. Mt. View for Dr. Targ/SRI.
SSO ACSI PASS to Mr. Freyfogle, Office Army General Counsel, Rm 2E729 (X74348).
SUBJECT: Army Legal Guidance Re GRILL FLEMM E (U)
A. CFR (Code of Fed Reg) Title 45, Part 46.
B. AR 70-25, Use of Volunteers as Subject of Research
C. DA Procurement Info ltr 78-19, dtd 30 Aug 78.
1. (U) Re Project GRILL FLAME, Army General Counsel (AGC) has determined that
all Army activities under the Project, whether conducted by the Army or Under
contract, must comply with references. The requirements outlined by AGC
ARMY review(s) completed.
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CONFIDENTIAL
have been already satisfied in great part but not entirely.
2. (U) The following must be adhered to by all Army organizations:
a. (C/ORCON) Any organization, including contractors, are required to
obtain signed consent statements prior to initiating a GRILL FLAME experiment
2:AW
or test involving human "subjects." The consent statement will be - -aQeer-4
-~ th para 46.103(c) reference A,and with AR 70-25. OACSI POC now preparing the
statement which will be coordinated with AGC within the next few days. Each
agency GRILL FLAME project officer will maintain copies of signed statements,
to be inspected as required. Persons who have previously acted as Army subjects
in Grill Flame tests or experiments, will be identified, contacted, and will
be notified of the health risks involved in the testing, as the risks are
being described in the consent statement now being prepared. OACSI POC should
be notified in all cases where this is not possible.
b. (C/ORCON) a form clause on human testing will be inserted into
Army contracts, in accordance with Ref C above. This form clause is the same
as Inclosure Nr 2 ("use of Human Subjects") to Ref C, except that para (b)(1)
will read: "The proposed study has been reviewed and approved by the permanent
DOD GRILL FLAME Subcommittee on Human Testing." Further, subpara (b) (1)
will state that the proposed program or activity does not involve the use of
hypnosis, drugs, or other phychopharmacological agents, or treatment of
research subjects by subliminal technologies or other means of stimulation
unknown to them. Note: If necessary OACSI may ask the Deputy for Materiel
Acquisition, Office of Assistant Secretary of the Army (RD&A) permission for
further deviations from the contract.
c. (C/ORCON) Prior to any person participating (e.g., acting as a "sensor"
or "subject") in actual GRILL FLAME tests or experiments, he will receive a
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complete physical examination, including EKG. Individual will be apprised
in writing of his state of health and potential health risks involved. This
requirement will be incorporated in the aforementioned consent statement.
d. (C/ORCON) A permanent Human Use Testing Committee will review and
approve all projects, protocols and other GRILL FLAME related activities
to ensure absolute compliance with para 46.102(b) through (d), Ref A; and with
pertinent provisions of AR 70-25. This requirement has already been satisfied
by the formation earlier this month of the permanent DOD GRILL FLAME Working
Group subcommittee on Human Testing (SHUT). Per AGC guidance several key
Surgeon General personnel have been briefed on GRILL FLAME. Surgeon General's
Office subsequently designated Colonel Garrison Rapmund, Director of the
Walter Reed Army Institute of Research, Washington DC 20012 (tel: [phone]),
as their permanent point of contact for GRILL FLAME. COL Rapmund will sit
as an impartial member of both the DOD Working Group and SHUT.
3. (U) Your compliance with para 2b above, in conjunction with receipt of
this message, constitutes permission to continue planning, programming,
budgeting and contracting activities regarding GRILL FLAME. Upon compliance
with para 2a above, agencies may proceed/continue validated tests and
experiments.
4. (U) OACSI POC is MAJ Stoner (AV 225-5048). Recommendations as to the
date for the next Working Group meeting are solicited.
REVW 2 Mar 99 reas 3
SSO NOTE: deliver during duty hours.
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