EXECUTIVE ORDER RESTRICTION ON DRUG EXPERIMENTATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00498A000200120041-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 12, 2016
• Document Release Date: April 24, 2002
• Sequence Number: 41
• Publication Date: April 9, 1976
• Content Type: MF

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9 April 1976
MEMORANDUM FOR: Director of Medical Services
FROM
epu y Director of Medical Services
SUBJECT Executive Order Restriction on Drug
Experimentation
REFERENCE 0GC 76-1741, dated 7 Apr 76, subject
as above
Charlie:
1. I have no problem with the liberal interpreta-
tion of the guidelines regarding drug experimentation in
EO 11905. It is not likely that the National Commission
will provide further guidelines except in specialized
areas and indeed there is a plethora of guidelines
already existing which are adequate insofar as policy
is concerned.
2. My particular concern has to do with the way in
which the Agency complies with these various guidelines.
The Agency's difficulties with respect to drug experi-
mentation stemmed from either failure to monitor or
intentionally ignoring existing guidelines even though
justified in the eyes of management for operational
reasons. I believe the Director would be well advised
to establish some mechanism which would assure him
that the use of drugs and other noxious substances or
techniques are within acceptable political and ethical
standards. You may wish to discuss this matter with
Mr. Blake at some appropriate time.
STAT
STAT
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 DD/A F,.OgistrY
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OGC 76-1741
7 April 1976
MEMORANDUM FOR: Deputy Director for Science & Technology
Acting Deputy Director for Operations
Deputy Director for Administration
Inspector General
STAT
: Executive Order Restriction on Drug Experimentation
1. request to solicit comment on
STAT
STAT
STAT
what if anything needs to be done about this restriction in section 5(d) of
EO 11905. The problem is with the requirement that such experimentation
be done in accordance with guidelines issued by the National Commission
for the Protection of Human Subjects for Biomedical and Behavioral Research,
The Commission has advised that it does not intend to put out any general
regulations or guidelines, but only regulations dealing with rather specialized
situations such as experimentation using prisoners, children, the chronically
ill, etc.
2. Obviously this creates a problem of complying with guidelines if,
in fact, there are no guidelines. One alternative suggested by is
that the restriction be interpreted to mean compliance with "such guidelines
as may be issued" so that we have to comply only if there are guidelines.
Another alternative is for the White House to pressure Acting Secretary
Matthews to see to it that the Commission does issue guidelines.
3. The White House would like to know whether we have any
experimentation underway or contemplated which would require compliance
with the Executive Order and what we think should be covered if the
Commission is asked to put out guidelines. They are also interested in our
reaction to the liberal interpretation of the restriction.
4. As a matter of law I think we are in safe grounds in the liberal
interpretation of the meaning of the guidelines provision provided that.
the White House gives us an annotation or other indication of what was meant.
I am not sure however that being on safe legal grounds is enough in this
situation. I would like your input on this and the other questions so I can
get back to as soon as possible.
'Acting General Counsel
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