Approved For Release 2000/08/iSECRET
003300230001-0
MEMORANDUM
SGI J
T0:
SG1J
FROM:
RE:
Operation Stargate
DATE:
11 December
1992
1 •
Background .
You informed me that AFMIC was to assume control
of DTI-S and
its Operation Stargate.
You asked my opinion about
whether
Operation
Stargate
was
in
compliance
with
the
laws
concerning human experimentation.
.
Sources
.
I reviewed the DIA paper on parapsychology at Tab A
and
the
chronology
of
human
experimentation
issues
of
Operation
Stargate^^predecessors
at Tab
B.
I
interviewed the director
of
SG1J ^-S.^^^Hand reviewed some of his historical files on
the topi c.
I also discussed the matter with DIA Assistant General
SGI J
Counsel
I
did
not perform
a detailed analysis
of
DTI-S 's cuffenWfmcHonal files or contractor records,
not did
I
perform an in-depth analysis of human experimentation regulations.
.
References .
a.
Executive Order 12333,
Paragraph 2.10,
8 Dec
81,
"United
States Intelligence Activities",
Tab
C.
b.
45 Code of Federal Regulations Part 46,
8 Mar 83,
Dept of
Health
& Human Services,
National Institutes of Health Office for
Protection From Research Risks,
"Protection of Human Subjects", Tab
D.
c.
Federal Register, Vol.
56, Number 117,
18 Jun 91,
"Federal
Policy for the Protection of Human Subjects",
Tab
E.
d.
Department
of
Defense
Directive
3216.2,
Jan
83,
"Protection of Human Subjects
in DoD Supported Research",
Tab
F.
e.
Department
of
Defense
Directive
5240.1,
Procedure
13,
December,
1982,
"Department
of
Defense
Procedures
Governing
Activities
of
Department
of
Defense
Components
that Affect
U.S.
Persons",
Tab
G.
4.
Findings
of
Fact .
An
Operation
Stargate
contractor
is
conducting human parapsychology testing; the contract requires that
the informed consent of human subjects be obtained,
and it appears
that
the
contractor
does
this.
DTI-S
personnel
are
conducting
parapsychological
training
as
well
as
episodic
operations
in
support of various agencies including DEA and DOE.
In its early years,
the operation was also scrupulous in observing
Approved For Release 2000/0
719R003300230001-0
Approved For Release 2000/08/08
:
03300230001 -0
uLUKLI
related
procedural
safeguards
of
an
advisory
panel
review
and
annual reauthorization.
Since the operation left INSCOM's control
'SmS
there
has
been
no
request
for reauthorization.
It
appears
that
DTI-S does not conduct its own advisory panel, but that it may rely
on its contractor to do
so.
5 .
Discussion .
a.
There
was
some
doubt
about
whether
or
not
Operation
Stargate's activities constituted human experimentation at all.
An
early opinion suggested that they did not, Tab H.
However,
a later
opinion by General Counsel Spurlock took the opposite position, Tab
I.
In an abundance of caution,
it was decided to treat Operation
Stargate's activities as if they constituted human experimentation.
This
led to annual reauthorization such as
at Tab J and advisory
panel review such as at Tab K.
b.
Assuming that Operation Stargate's activities constitute
human experimentation. Executive Order 12333 requires adherence to
the
HHS
regulations.
These
call
for
well-documented
informed
consent of human subjects and review by an advisory panel.
These
rules are specifically applied to the Department of Defense by DoD
Directive 3216.2.
The Department of Defense requires the further
safeguard of high-level approval before human experimentation can
take place,
(Paragraph C.2.,
Procedure
13,
DoD Directive 5240.1.)
It
is not clear how often this approval must be obtained,
or how
broadly the approval can be applied.
6 ‘
Conclusions.
Operation
Stargate
seems
to
be
in
substantial
compliance
with
the
most
prominent
human
experimentation
regulation,
informed consent.
Further confirmation
is called for
on
this
point.
Further
investigation
is
also
required
on
the
advisory panel review and DoD approval issues.
AFMIC should obtain
the
documented
concurrence
of
DIA
General
Counsel
in
any
legal
positions that AFMIC takes on this subject.
.
Miscellaneous
.
SGI J
a *
and I discussed documents contained in the DTI-S
materials which were mislabelled as TOP SECRET;
they are included
at Tab
L.
b.
Additional copies of documents received from DTI-S files
which
I
reviewed
but
did
not
refer
to
in
this
memorandum
are
collectively included at Tab M.
Approved For Release 2000/08/0$
:
)03300230001-0