~;4~or elease 2000/08/08 : CIA-RDP96-00788 ROO 1500140008-4 *AR 70-25 ARMY REGULATIONI J, HEADQUARTERS, DEPARTMENT OF THE ARMY No. 70-! WASHINGTON, DO, 31 July 1971p 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. Paragraph Purpose ------------------------------------------------------------------- I Definition ------------------------------------------------------------------ 2 Exemptions ---------------------------------------------------------------- 3 Basic principles -------------------------------------------------------------- 4 Additional safeguards ------------------------------------------------------- 5 Approval to conduct experiment- - ~ --------------------------------------------- 6 Civilian employees ---------------------------------------------------------- 7 Recruitment of active duty military volunteers --------------------------------- 8 Appendix. Legal implications 1. Purpose. These regulations proscribe policies and procedures governing the use of volunteers as subjects in Department of the Army research wherein human beings are deliberately exposed to =-psu6l or potentially hazardous conditions. These regulations are applicable worldwide, wher- ever volunteers axe used as subjects iii 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 nonresoarch 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- *This regulation supersedes AR 70-25,26 March 1962. 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 TAGO 58A-JulY 580-465-74 Approved For Release 2000/08/08 : CIA-RDP96-00788 ROO 1500140008-4 AR 70-25Approved For Release 2000/08/08 : CIA-RDP96-00788ROO1500140008-4 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 munber of volunteers used will be kept at a rainimum 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 a7, 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. 2 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 tnajor 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- ored 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, TAGO 58A Approved For Release 2000/08/08: CIA-RDP96-00788 ROO 1500140008-4 Approved For Release 2000/08/08 : CIA-RDP96-00788 ROO 1500140008-4 AR 70-25 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 otactive 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. TAGO 58A 3 Approved For Release 2000/08/08 : CIA-RDP96-00788 ROO 1500140008-4 AR 70-25 Approved For Release 2000/08/08 : CIA-RDP96-00788 ROO 1500140008-4 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(o)). 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; See. 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 4 TAGO 58A Approved For Release 2000/08/08 CIA-RDP96-00788 ROO 1500140008-4, NOW, Approved For Release 2000/08/08 : CIA-RDP96-00788 ROO 1500140008-4 AR 70-25 additional allowance to the employee for financing such private insurance arrangements as he may wish to make rather than to undertake direct negotiations with insurance carriers for the desired coverage. 7. Conclusion. Subject to the above conditions, Armed Forces personnel and/or civilians on duty at installations engaged in research in subject fields will be permitted to actively paxticipate in 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 HODA (DASG-RDZ), WASH DC 20310. By Order of the Secretary of the Army: Official: VERNE L. BOWERS Major General, United States Army The Adjutant General CREIGHTON W. ABRAMS General, United States Army Chief of Staff DISTRIBUTION: Aotive 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) TAGO 08A 5 Approved For Release 2000/08/08 : CIA-RDP96-00788 ROO 1500 WM84T PRINTING OFFICE. 1974 0 15 February 1982 Approved For Re ease 2000108108: CI,Pi-RDP96-00788ROO1500140008-4 -sonner 'may be provVed by Army intelli.- gence components to state and local law en.- forcenivit authorities only 'when lives are en- di~jng'preel,and only pursuant to a request by the he~ad of- such authority. Such requests must be approved by the Secretary or Under Secretary of the Army. Under these circumstances expert rsonnel may be provided to such agency pro- e p Vided participation in law enforcement activi- ties is limited as follows: (a) Only personnel with technical skills not readily available to such law enforcement authorities, which can be utilized to prevent death or serious injury, may be provided; (b) Provision of such personnel will be limited to that necessary to prevent the death or serious injury that is threatened, but in no case shall such assistance be provided for more than 72 hours; (c) Such personnel are not used to ap.., prehend persons who are suspected of com.. Mi.ttiTIg, or who are about to commit, a crime, or (d) Use of such personnel does not vio.. late the Posse Comitatus Act. (3) Emergency i%88i8tanxe. 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 I1QDA(DAMI-CIQ within '72 hours,, Where~ life is endangered, doubt as to the legal- ity and propriety of the requested assistance tinder this procedure should Lie resolved in f avor of providing the assistance. 2-17. Procedure 17. Assignment of intelligence per.sonnel to other agencies. a. Applicability and scope. This procedure applies to the as-, Agrinient of DA intelligence personnel to other agencies within the federal goverriment. This procedure does not apply to- (1) Assignment to state or local govern- nients, corporations or other private organiza- tions. (2) Assignment to another agency within tli(~ intelligence community when part of the purpose of the assignment is to gain experience md knowledge about the activities of the other agency. (Reporting or report in this context AR 381-10 means transmission of information about the operation or personnel of an agency that; is not available publicly.) b. Policy. Employees of Army intelligence components who are assigned to work foi- and under the direction of another agency of the federal government will conduct theiriselves for the duration of their assignment as if they were employees of that agency. Any reiponsi- bilities to provide information to or services for DA will bestated expressly and made a part of the terms of the assignment. c. Procedures. (1) Assignment of employees of Army in- telligence cornponents to other agencies within the federal government is governed by DOD Directive 1000.17. The memorandum of agree- ment concerning such assignment and required by subsection D(6) (c) (1) of the Directive shall include- (a) An identification of the Army intel- ligence component from whicli the employee has been assigned by DA. M 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 pro cedure 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. 2-21 AR 381-10 Approved For Release 2000/08/08 : CIA-RDF'96-00788 (2) Experimentation in this context means a research, development, or related activity that ra-ay expose an individual to the possibility of . 0% (including physical, psychological, or ini ury social injury) that increases the ordinary risks of daily life for the subject (including the rec- ognized risks inherent in a chOSEm 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 15 February 1982 ROO 1500140008-4 (b) The collection and production of in- telligence; (c) Any functions in support of the collection and production intelligence; or W The conduct of special. activities by the military services in armed conflict or to military deception operations targeted, for inili- tary purposes, against a hostile foreign power. (2) Conspiracy in this context has the same meaning as in the criminal law context 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 r safeguard the welfare of the subjects, and othe applicable regulations. c. Procedure. Arm intelligence components Y may not engage in or contract for experimen tation on human subjects without prior ap roval of the Secretary or Under- Secretary of p the Army. 2-19. Procedure 19. Special activities. a. Ap- plicability and scope. (1) This procedure applies to the conduct Pis 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 donot apply to- (a) Diplomatic or military att,,tche ac- tivities conducted byD0D. and requires an overt act. Neither the term d4assassination" 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 bijackings, 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 coh- 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 f unctions in support of such activities, but not including diplomatic and military attache activities or the collectioll and production of intelligence or related sup. port f unctiOD.S. (6) Support, when used in this context;, means the provision of assistance in the formi of transportation, training, supplies, equiprileni. or expert personnel. b. Policy. No Army intelligence components will participate in the conduct or support Of special activities. No other Arrr.Ly componejg will provide support for special activities exc*,- upon the specific direction Of the Secretary 01~, Under Secretary of the Army and the Secre4T;3i 2-22 A'~p'r'%'p2d For Release 2000/08/08 : ,.e~s,onoe) may be provided by Army intelli- components to state and local lack, en- ,,,,j-(elrjent authorities only when lives Itile oll -'algered arld only pursuant to a request by the of such authority. Such requeAs ini-o-,t be FoVed by the Secretary or Under Secretary IPP 1~ tIlL. Army. Under these eircurnstances expert may be provided to such ageiwy pro articipation in law enforcement tictivi ~ded p, is limi ted as follows: (a) Only personnel with technical skills, Nadily available to such law enforcement .,:tjiorjties, which caii be utilized to prevent afli or 800ous injury, may be provided; (b) Provision of such personnel Nvill be .0"i,,ed to that necessary to prevent the de,~th ~,* 's(Tious injury that is threatened, but in no A:W shall jwch assistance be provided for more i_ol. 72 hours; (e) Such personnel tire not used to ap ~yl- bacnd persons who are suspected of com. tting, or- who are about to commit, a crime, !I (d) Use of such personnel does not vio- tlc Posse Comitatus Act. 13) Entergency assWanct% In enicrgelley g, where )if e is endangered, the request in (1) and (2) above may be oral, I'Wided that it is reduced to writing- and sub -CIC) within 7'"") hwir,% .11110d tu llQDA(DAM1 JiL is endangered, doubt ~ts to the legul Lild propriety of the reques'Led assist;Oice itter this procedure should be resolved in favor pruvidinh! the assistance. -ocedure 17. Assignment of intelli I li gence ;--rsotiiiel it) other agencies. a. Applicability .'.J scolic. This procedure applies to the aq :'gilricM of DA intelligence personliel to other ,,fvljjv,; within the federal rovernment. This IT doC3 not apply to (1) Assignment to state or local guvern corporations or other private organiza ,Ions. k,2) Assignment to another jlqC~lley within illLe.1ligence community when part of the of the assignment is to gain experivitice Lnowledge about the activities of the other (Leporting or report in this context A meint tra s i i0 11 11 of information about the t+ernflon or personne) of in agency that i3 not 'available pliblicly.) b~ PobcY. Employces of Ariny intellijYence -ho -i h -1 ai - wsJgrnPd to Wor- for nd lll;~Ior tht, direction of -tilother agency of the fedt'l-:11 Will conduct themselves for ille 41111'ation of thoir .1.4sirlinient as if they wort, enwio~,eu!., or Nint agency. Any responsi. bilities to provide information to or services for DA will be:itated cxpreggly and made a part of 111v tt-rins of tht. assignmelit, 1) Assignment of employee.9 of Army in- tolligenct! components to other agencies within the federal governmont. is governed by DOD Dircc.tive 1000.17, Tile memoranduni of agree- illent, concerning 81101 and required ljY subsection DO) (c) (1) of tho Directive shall illellitle- (a) Ali id(.-ntification of the Army intel. 14'cl-we co"llpollent, froll) which tile employee lins; been assigned by DA. (b) A S'tLtCl1l(1ljL de-lillcating the em- ploytt("s rt"ipolisibilities, if any, for reporting lo the PA about niatter.,i that come to the cra- -ol, attetiLion while or, assignment outs p1m q , I ie the Dopartitielit. (2) Offier fball is 1wrinitted by the termi of the llicalorandilill if aKrec 'Illent purstwYlt to Doi) Nrective 1000.17, all .erriployee of tit Array 11telligellce compollent oll wisiviment to -in- Allor agelley of tho fe(leral grovernment may not ft!Port to any ArMY conivoilent the operations or porsolillel of ill(,, agency to Nvhi(.Il tile em- (3) After completion of ill assignmei ~lt to --l"WILler .11,1wICY of the federal government and 1-f!ttli'll to DA, an employee reniaiwi under the sanic. rcstrietions, is to i'l.:porthig, that applied Alhell the employel., was oil quch assigllrnf.~Jlt. 2-48'. Procedure on humr..'n subjects. a. Appliotb,:111,q uqdscope. This procedure applie.%l to experly T)Oil- tMiOll 011 IM111,11) SlIbilTtS if SLICh experimenta. tion is con(lucted by ill- oil behalf of any Army inteNgunce compollu'lit. TIIN dou§ not tpply to (-Xilvi-111writatioll (,,it allillial subjk-C& 2-21 P96-00788 ROO 1500140008-4 ease 2000/08/08: CIA-RD .4 I ~!. ~ I W11;1' 1 44" 011, 8-4 CIA-RDP96-00788 ROO 150014000 Q_. vs Z' .5 -4- D F V?- IA-R Ilia ARTUMME AR 381-10 (2) Experimentation In this context means a research, development, or rulatedactivity that may expose kin Individual to tile possibility of al, or iical, psycliologic, injury (including phy. social injury) that increasus the ordinary risks of daily life for the -,ubject ~ivcluding the ree- ognized risks inherent in a chwien occupaticat or field of' service), or that Lemporarily ad- versely affects a ppraon's nient4al or phykal condition. (3) Experimentation is (onJucted "on be- half of" an Army intelligence component it it F4 conducted ander contract to that Compollent or to another Ariny component for the benefit of the intelligence conaponent, or at the requeit of such a component regardless o[ the existence of a contractual relationship. (4) Human subjv0s hi this contoxt in- eludes any person regardless of whother the person qualifies as a US person. b. Policy. Army intelligence component,, ni,~y conduct experimentation on humar? subjects only when an important foreign infolligence or Cl purpose is to be served, only aftvr the M-- 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 Servieei iettirijy Out Coilditiolls tllit safeguard the welfare of the subject,,;, and other applicable regulation'i. c. Procedure. Army intelligence componenti may not ongrage in or contrw-t for experinien- tation on human subjects Without prior ap- proval of the Secretar,, or Under Secretary of the Army. 2-19. Procedure 19. Special acti%ifles. a. Ap- plicability and acnpe. (1) This procedure applies tO.01C MWLICt and support. of special activities bY Army intel- ligence components. This procedure at,,,,o applies to other Army components that provide support for special activities conducted bY DoD Intel- ligence components and other ngenries within the Intelligence Conimunity. These proct.i.1,11reA do not apply to- (a) Diplomatic or military attache ae- tivities conducted by DOD. 15 February I (b) The collection and production of telligence; W Any functions in support of I collection and production fnW- ligence; or (d) The conduct of special activities the military services in armed conflict or military deception operations target-2d, for mi tary purpo,-,Ies, against a hostile foreign pow, (2) Conspiracy in this context has t same rilealling as in the criminal law conte and requires an overt act. Neither the ter tgassansi nat ion" nor 'tile term "conspire" i clude military or civilian measures against o going international terrorist activities (whil is a defined term (see glossary) and should I construed strictly), aircraft hijackings, or . response to danger of substantial physical har to any pvr.-,on. These terms do not aj~pjy actions of the military services in the ex-k timi of lawfully ordered military operations. (3) Diplomatic and military attache acti itics ineans the representational, informati( gathering, and reporting activities perform( by diploniatic and military attache personn a broad. (4) Production of intelligence means ti Ilrocess of developing "Intelligence product,, which is a defined term. (see glossary). (5) Spocial activities mean activities co~ ducted abroad in aupport of national foreii policy objectives that are designed to I urtht official US programs and policies abroad; th; are planned and executed so that the role of tl United States Government is not apparent, i acknowledged publicly and functions in suppo (if stich activities, but not including diplomat and military attache activities or the collecti( and production of intelligence or related au: 11.urt functions. (6) Support, when used In this contex means the provision of assistance in the for. of tran,;portation, training, supplies, equipme) or expertpersonnel. b. Policy, No Army intelligence componen will participate in the conduct or support ( special activities. No other Army compone) %V:H provide support for ,ipecial activities exce) tipon the ,pvcific direction of the Secretary , Undor Secretary of the Army and the Secretar p~pprove&Ar Release 2000/08/08 : CIA-RDP96-00788ROO1500140008-4