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C O N F I D E N T I A L
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Item 3247
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- 3. The following opinions of the Judge Advocate General furnish
- specific guidance for all
participants in research in atomic, biological
- and/or chemical warfare
defense using volunteers.
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a. Legality of accepting volunteers. The authority of the
- Secretary of the
Army to conduct research and development activities is
- contained in section 104 of the act
of 10 July 1950 (64 Stat. 322; 5 U.S.C. 235a) which provides:
- "The Secretary of the Army is authorized to conduct, engage
-
and participate in research and development programs related to
- activities of
the Army of the United States and to procure, or
- contract for
the use of, such facilities, equipment, services,
- and supplies
as may be required to effectuate such programs."
- Section 101 of the Army Organization Act of 1950 (64
Stat. 264; 5 U.S.C.
- 181-4) provides in part as follows:
- "Except as otherwise prescribed by law, the Secretary of the
Army may make such assignments and details of members of the
army
and civilian personnel as he thinks proper, and nay prescribe
the
duties of the members and civilian personnel so assigned; and
such
members and civilian personnel shall be responsible for,
and shall
have the authority necessary to perform, such duties
as may be so
prescribed for them."
- b. Military Personnel and Department of the Army Civilian
Employees.
Compensation for the disability or death of a civilian employee resulting from personal
injury or disease proximately caused by his employment is payable under the Federal
Employees Compensation Act (30 Stat. 742 et seq.), as emended (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 pay- able by reason of the death or disability of
a member of the Army resulting from injury or disease incident 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 disability of military and civilian personnel participating
in experiments by reason of the hazardous nature of the operations, although it is
possible that the Congress may confer benefits or grant relief by general or special
legislation subsequently enacted. Even should the injury or disease result from a
negligent or wrongful act, the recovery of any compensation or benefit under
present law in addition to these noted above is doubtful.
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c. Use of Appropriated Funds for the Purchase of Life
Insurance. In
effect, the payment of insurance premiums on the life of an officer or employee is a form
of compensation (Commissioner of Internal Revenue vs. Bonwit, 87 F. 2d .764 (2nd Dir.
1937), cert. den. 302 U.S. 694, 32 L. Ed. 536; Canaday v. Guitteau, 86 F. 2d 3O3 (6th Dir.
1936)). In this regard, section 1705 of the Revised Statutes (6 U.S.C 70) provides
as follows:
C O N F I D E N T I A L
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