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(T4ped for easier reading of
t11-rLt1-rTT the original)
SAGC/Mr. Hatch/smp/ 1/2 Jul 81
July 2, 1981
MEMORANDUM FOR THE SECRETARY OF THE ARMY
SUBJECT: Status Report on the Joint Army/DIA Grill Flame Program (U)
INFORMATION MEMORANDUM
(U) The purpose of this memorandum is to inform you of what has.
happened to this program since you approved the Army's participation in the
joint activity on May 27.
(S) At the time this program was submitted to you for your review and
approval, our cover memorandum informed you that our office and the DOD
General Counsel's Office were in agreement as to the applicability of
Procedure 18, "Experimentation on Human Subjects, "DOD 5240-1-R (Tab A). We
also represented to you that, if you approved Army's participation in the
program, DIA's participation would then be submitted to the Secretary or
Deputy Secretary of Defense for review and approval.
(S) About two weeks ago an attorney from this office made an inquiry
of DIA as to the status of their attempt to obtain DOD Secretariat approval.
He was informed that, an the basis of guidance from the DOD General
Counsel's office, DIA did not believe that DOD Secretariat approval was
required for their participBtion in the joint program. We also learned that
the Army had transferred the money that it had agreed to contribute to the
program to DIA. At that time we immediately raised the issue to the DOD
General Counsel and also informed all participants that no additional Army
funds should be committed to the program until the Procedure 18 question was
resolved.
(DoD,GC)
(S) This past Monday I learned that Mr. Taft decided not to submit
program to Mr. Weinberger for his review and approval, but rather to inform
him of the program through an information memorandum. Both because I
believe that the joint program constitutes human experimentation and since
we represented to you that Mr. Weinberger would review and approve DIA's
participation in the program, I met with Mr. Taft to discuss our posture.
Mr. Taft requested that I prepare a memorandum justifying our position that
the joint program constitutes human experimentation. As explained below@
it will at least be a week before I will be able to respond to Mr. Taft's
request. Until then Mr. Taft has agreed to accept calls from interested
SG11 parties, such as since he acknowledges that the Army
has not been the source of the de ay in implementing this program.
the
A/
(S) The issue of whether or not the program is human experimentation
jLc@ question as it is a medical and research
is not so much a 12-92-1 or Po
CLASSIFIED BY: ACS1 ASG Mr. Hatch
REVIEW ON: 1 July 2001 OGC Mr. Spurlock
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question. Therefore to resolve this issue an attorney from this office will
meet with BG Rapmund of The Surgeon General's Office and Chairperson of the
Human Subjects Research Review-Board. For as long as this office has been
involved in Grill Flame, we have been in communication with BG Rapmund and
his advice has formed the basis of our decisions regarding human experi-
mentation. Before rendering his opinion on the proposed joint program,
however, BG Rapmund desires to review the proposed Grill Flame protocol and
seek more information regarding several other questions that he has .
regarding the Army's Grill Flame involvement. In addition, he is leaving on
TDY today and will not be back until next Wednesday@ so we will not be able
to talk to him until then and thus will not be able to respond to Mr. Taft
until the end of next week. I bring this delay to your attention because I
realize that you are interested in a rapid resolution of the problem.
(U) IF you wish to further discuss this matter, I am available..
(Signed)
DELBERT L. SPURLOCK, JR.
General Counsel
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