There is a tricky clause in Chapter 32/Title 50 of the United States Code (the aggregation of US general and permanent laws). Specifically, Section 1520a lists the following cases in which the Secretary of Defense can conduct a chemical or biological agent test or experiment on humans if informed consent has been obtained:
(1) Any peaceful purpose that is related to a medical, therapeutic, pharmaceutical, agricultural, industrial, or research activity.
(2) Any purpose that is directly related to protection against toxic chemicals or biological weapons and agents.
(3) Any law enforcement purpose, including any purpose related to riot control.
In other words, there are many circumstances under which the Secretary of Defense can test chemical or biological agents on human beings, but at least informed consent has to be obtained in advance.
Or does it. Section 1515, another part of Chapter 32, is entitled "Suspension; Presidential authorization" and says:
After November 19, 1969, the operation of this chapter, or any portion thereof, may be suspended by the President during the period of any war declared by Congress and during the period of any national emergency declared by Congress or by the President.
Essentially, if the President or Congress decides that we are at war then the Secretary of Defense does not need anybody’s consent to test chemical or biological agents on human beings. Gives one pause during these days of a perpetual "war on terror."
Ominously, in June 2007, National Intelligence Director Mike McConnell gained White House approval to update a 1981 presidential order on how US spy agencies operate. Potentially up for review in the highly secretive overhaul, referred to as Order 12333, is the topic of human experimentation.
A surge in US WMD spending
The Bush administration has quietly channeled tens of billions of dollars into chemical and biological weapons. Bush’s 2007 budget, for example, earmarked almost $2 billion for biodefense research and development via the National Institutes of Health alone.
Research aims are often dubious. In October 2005, for example, US scientists resurrected the 1918 Spanish flu, a virus which had killed almost 50 million people. And a virologist in St. Louis has been working on a more lethal form of mousepox (related to smallpox) just to try stopping the virus once it has been created.
Since the R&D is top secret and oversight limited, the public is rarely aware of escalating dangers. As of August 2007, for example, biological weapons laboratories across the country had reported 36 lost shipments and accidents for that year, almost double the number for all of 2004.
In addition to challenging international non-proliferation agreements and risking a global arms race, the Bush administration’s surge in chemical and biological weapons spending raises questions over what deadly weapons may have been tested on populations abroad. And what may be tested domestically, with or without the public’s consent.
For Wray Forrest, the battle for government accountability continues: "On September 29, 2006, Congress passed a bill that will inform veterans exactly what they were exposed to, within the next two or three years. I can just see it now: They visit my grave site and post it on my tomb stone, in order to inform me of what I was exposed to and just what exposure caused me to die."
*** a linked version of this article will be up at heatherwokusch.com later today
Heather Wokusch is the author of The Progressives’ Handbook: Get the Facts and Make a Difference Now series and can be reached at www.heatherwokusch.com. Wray Forrest and other veterans have put together a DVD on "how our Federal Government treated its troops at not only Edgewood Arsenal, but also at other military installations in the United States of America." For a free copy, send a blank DVD+R and self-addressed postage paid DVD Envelope to: EDGEWOOD RESEARCH VETERAN, 3910 Patrick Drive Apt 14, Colorado Springs, Colorado 80916.
