http://www.fas.org/irp/threat/cbdp2007.pdfIn May 2007, just one month after the Defense Department’s controversial report to Congress, the Pentagon quietly announced it would release "a dust simulating a biological attack in the Pentagon South Parking Lot." The stated purpose was to study "the subsequent clean-up of roadways, people and equipment after the release."
The announcement cryptically described the "dust" as containing "a harmless inert bacterium found in soil, water and air."
Kirt P. Love, Director of the Desert Storm Battle Registry (DSBR), a Gulf War veterans’ group dealing with the exposures of the 1991 conflict, repeatedly phoned the Pentagon to clarify exactly what "dust" would be used in the imminent open-air test.
He soon found, however, that "the departments involved were not communicating with each other … only the people who handled the agent knew anything."
Love described the situation as "disquieting" and said, "I thought this was very unfair to the Pentagon Police and other innocent bystanders who didn't need to be kept in the dark about this. How could they conduct an open air test of a microbe and not tell people what it was up front?"
Eventually, Love’s phone calls paid off. A Pentagon representative told him the substance to be tested was Bacillus Subtilis, which intriguingly, was also used during the US military’s Project SHAD human testing in the 1960s-70s.
The Pentagon’s announcement was correct in saying that Bacillus Subtilis is found in soil. It failed to mention, however, that the bacterium has been linked to pulmonary disease and irreversible lung damage.
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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.
Thank you Rumsfeld and Gates
According to Francis A. Boyle, Professor of International Law at the University of Illinois College of Law and author of the Biological Weapons Anti-Terrorism Act of 1989, at least three passages of the Pentagon’s 2007 report indicate a planned continuance of open-air testing. While one section of the document, for example, mentions the use of "live-CB-agent full system test chambers," another passage (page 67) reads: "More than thirty years have passed since outdoor live agent chemical tests were banned in the United States, and the last outdoor test with live chemical agent was performed, so much of the infrastructure for the field testing of chemical detectors no longer exists or is seriously outdated. The currently budgeted improvements in the T&E infrastructure will greatly enhance both the developmental and operational field testing of full systems, with better simulated representation of threats and characterization of system response."