Directed Energy Human Subject Research/Informed Consent

Ramola Dharmaraj filed this request with the Central Intelligence Agency of the United States of America.
Tracking # F-2015-00516
Status
Rejected

Communications

From: Ramola Dharmaraj

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

For all currently ongoing CIA, or Joint CIA/Department of Defense/DARPA/DIA Directed Energy Bio-Behavioral Research (DEBR) programs and contracts or any other Directed Energy human subject research programs and contracts in the United States of America--as of today's date--using Directed-Energy Weapons (DEWs), Non-Lethal Weapons (NLWs), neurological weapons such as Remote Neural Monitoring weapons/technologies, or any kind of Electronic Warfare or Combat Systems Testing/Training involving the use of (non-ionizing or ionizing) radiation weaponry or radiation techniques of any kind whatsoever on “human subjects,” being conducted by any sector or joint operation of the CIA with DARPA or DOD, whether Army, Navy, Air Force, Special Command, or any other, whether to determine the “human effects” or “bio-effects” of such radiation, as "scientific research" for purposes of calibration of radiation (possibly termed "non-lethal" radiation) intended for use on human subjects for interrogation techniques, "behavior control", "behavior modification," or for any other purpose, please provide:
1) The Statement of Work/Scope on each program or full contract with each contract-awardee or winning offeror company, and the full Statement of Work included with each contract;
2) Complete Documentation of Informed Consent from all human subjects targeted by this program or contract's Bio-Behavioral Research or Weapons Testing and Training program, including:
a) The FWA (Federal Wide Assurance) signed off by the Office of Human Research Protections, Department of Health and Human Services;
b) Detailed Informed Consent documents including lists of consenting human subjects, specific information provided to human subjects, and signed documents from human subjects attesting to Informed Consent;
c) Any additional internal CIA document assuring compliance with the Common Rule signed off by the Institutional Review Board involved;
d) All affirmations of Compliance Oversight from the Office of Human Subject Research Protections; &
e) All Waivers of Consent from the Secretary of Defense, if and as applicable, and full reasons for these waivers.
3) Complete Documentation with precise details on Location and Field of Operation where these Directed-Energy weapons are being trained "wittingly" or "unwittingly," overtly or covertly, on human subjects--namely, American civilians and others in the USA.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Ramola Dharmaraj

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 5, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 5, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Ramola Dharmaraj

Hello--

I am writing to call your attention once more to this FOIA request originally sent in to your agency 12/5/2015, which has not been acknowledged yet.

Kindly let me know when I may expect a response, or if you should need further clarification or specification of my request.

Thanks very much,
Ramola D/Dharmaraj

From: Central Intelligence Agency

The request has been rejected, with the agency stating that it can neither confirm nor deny the existence of the requested documents.

From: Ramola Dharmaraj

To
The Agency Release Panel
c/o John Giuffrida:

Dear Panel members, Mr. John Giuffrida:

Reference No: F-2015-00516

I am writing to appeal your "Glomar" response of 11/12 February 2015 to my FOIA (to which you assigned reference no F-2015-00516) requesting information on Informed Consent in the case of all currently ongoing CIA or joint CIA (with other government, Defense, and private entities) Directed Energy Bio-Behavioral Research contracts using Directed-Energy Weapons on "human subjects" --i.e. American citizens and residents in the United States of America.

In your response, you cited Section 3.6(a) of Executive Order 13526, section 6 of the
CIA Act of 1949, as amended, and section 102A(i)(1) of the National Security Act of 1947, as amended: "With regard to your request for information regarding "all currently ongoing CIA, or Joint CIA/Department of Directed Energy Bio-Behavioral Research (DEBR) programs and contracts, in accordance with section 3.6(a) of Executive Order 13526, the CIA can
neither confirm nor deny the existence or nonexistence of records responsive to your request. The fact of the existence or nonexistence of requested records is currently and properly classified and is intelligence sources and methods information that is protected from disclosure by section 6 of the
CIA Act of 1949, as amended, and section 102A(i)(1) of the National Security Act of 1947, as
amended. Therefore, your request is denied pursuant to FOIA exemptions and I have
enclosed an explanation of these exemptions for your reference and retention. As the Acting CIA
Information and Privacy Coordinator, I am the CIA official responsible for this determination."

In addition, you enclosed the addresses for the FOIA Coordinators with the Defense, Navy, and Air Force at the Pentagon. Thank you for this information and I will indeed also direct my FOIA request to their attention.

I appeal your determination on the following grounds, and ask you to kindly reconsider, as well as to release those requested parts of the information being withheld that may be released, even if other parts may be covered by FOIA exemptions:

1) The fact that these Directed-Energy Bio-Behavioral Research projects testing the "human bio-effects" of powerful radio frequency, microwave frequency, infra-red thermal energy, ultrasound, ULF (ultra-low frequency) waves, VLF (very low frequency) waves, ELF (extremely low frequency) waves, sound, ultrasonic, radar, MASER/LASER directed-energy "Non-Lethal Weapons (NLWs)" or "Directed-Energy Weapons (DEWs)" (which are essentially Weapons Testing Projects), are currently being conducted by various sections of Department of Defense and the United States Air Force, and have been ongoing for several years, is in the public domain and has been reported on. Requests for Proposals (RFPs) on these contracts are published on the FedBizOpps and www.fba.gov website, and are freely accessible to the public, as, for instance the RFP in the case of the $49 million, 7-year-long contract for Directed Energy Bio-Behavioral Research to examine the human bio-effects of Directed-Energy weapons systems awarded in September 2013 to General Dynamics Technology Corporation (posted online at https://www.fbo.gov/index?s=opportunity&mode=form&tab=core&id=037cb43c3a566d03397b3be1898c5823&_cview=0). Contract award is published in Defense newsletters and in mainstream and alternate media (such as http://news.clearancejobs.com/2013/09/04/general-dynamics-information-technology-awarded-nonlethal-weapons-contract-dod-daily-contracts/; http://www.shephardmedia.com/news/digital-battlespace/usaf-furthers-directed-energy-bio-effects-research/; http://www.janes.com/article/search?query=Directed+Energy.)

In other words, it is well-known to the public at large that Defense, the Air Force, and possibly other segments of the Military are currently testing Directed-Energy weapons--that use powerful bursts of invisible, radio & microwave frequency, millimeter wave, infrared/ultrasound, sonic, laser/maser, and ULF/ELF/VLF radiation -- on "human subjects"/American citizens and residents, and that this weapons-testing has been underway for several years. This information is not classified, and is freely available in the public domain.

2) When Directed Energy Weapons Research--or indeed, any weapons research--publishes its interest in determining human bio-effects on human subjects, the question of Human Subject Protections, Civil Rights, and Informed Consent naturally arises, and becomes paramount.

3) The information this FOIA request seeks is documentation of Informed Consent in the cases of these Directed-Energy Weapon Bio-Behavioral Research contracts testing the efficacy of these powerful EMF radiation/sonic weapons (invisible, radio & microwave frequency, millimeter wave, infrared/ultrasound, sonic, laser/maser, and ULF/ELF/VLF radiation) on "human subjects"/American citizens and residents.

4) Informed Consent is a very basic protection afforded all world and American citizens by the Nuremberg Code of Ethics, the Helsinki Code, the Universal Declaration of Human Rights, the Belmont Report, the Common Rule, and other nationally and internationally understood codes of ethics, morality, and law.

The Nuremberg Code: "The voluntary consent of the human subject is absolutely essential. This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, over-reaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved, as to enable him to make an understanding and enlightened decision. This latter element requires that, before the acceptance of an affirmative decision by the experimental subject, there should be made known to him the nature, duration, and purpose of the experiment; the method and means by which it is to be conducted; all inconveniences and hazards reasonably to be expected; and the effects upon his health or person, which may possibly come from his participation in the experiment. The duty and responsibility for ascertaining the quality of the consent rests upon each individual who initiates, directs or engages in the experiment. It is a personal duty and responsibility which may not be delegated to another with impunity."

United Nations Declaration of Human Rights: Article 3. Everyone has the right to life, liberty and security of person. Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

The Belmont Report: "An agreement to participate in research constitutes a valid consent only if voluntarily given."

The Common Rule: "§46.116 General requirements for informed consent. Except as provided elsewhere in this policy, no investigator may involve a human being as a subject in research covered by this policy unless the investigator has obtained the legally effective informed consent of the subject or the subject's legally authorized representative. An investigator shall seek such consent only under circumstances that provide the prospective subject or the representative sufficient opportunity to consider whether or not to participate and that minimize the possibility of coercion or undue influence. The information that is given to the subject or the representative shall be in language understandable to the subject or the representative. No informed consent, whether oral or written, may include any exculpatory language through which the subject or the representative is made to waive or appear to waive any of the subject's legal rights, or releases or appears to release the investigator, the sponsor, the institution or its agents from liability for negligence."

5) American citizens and residents are further protected by the United States Constitution and the United States Bill of Rights, from any unwarranted intrusion or invasion of personal privacy, in their homes or person, as "free person(s), not slave(s)," which the application of powerful invisible radiation directed at their persons or into their homes by directed-energy weapons would constitute:

United States Constitution: "Amendment 14 - Citizenship Rights. Ratified 7/9/1868. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

United States Bill of Rights: Article the Sixth: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. "

6)The information this FOIA request seeks does not relate to national security but to personal security as protected by United States law--the rights of every US citizen or resident/free person to be secure in his/her home, and to be free from intrusion or invasion by any kind of invisible directed-energy directed at their persons or into their homes.

7)If clear documentation of Informed Consent exists, for all these Directed-Energy Weapons Research contracts that are in the public domain--but whose affiliation with your agency is not advertised as such--and points to a subset of human subjects/American citizens and residents each of whom have been extensively informed of the nature, likely effects, and consequences of this deadly radiation research, and have willingly and voluntarily, and in full knowledge, submitted their persons and homes to the intrusion and assault of powerful invisible electromagnetic radiation and sonic energy weaponry--then revealing the existence of such documentation would obviously impinge in no way whatsoever on concerns of "national security" but establish the government's safeguarding of "personal security" for all American citizens and residents, by serving to reassure the American public at large of the discrete limits, boundaries, and voluntary nature of this human-subject research.

8) Conversely, not revealing the existence of such documentation of Informed Consent in the case of all currently ongoing research projects using Directed-Energy Weapons on human subjects/American citizens and residents naturally raises questions and concerns as to where exactly this research is being conducted, on whom exactly, how exactly, by what means exactly, what methodology exactly, whether human subjects are being protected or being abused, whether non-consensual human subject testing has taken place and is ongoing, questions therefore on the legality, ethicality, and morality of this invisible radiation weapons-testing research on human subjects/American citizens and residents.

­Not revealing the existence of documentation of Informed Consent on these Directed-Energy Weapons Testing projects using powerful electromagnetic radiation and sonic energy on human subjects also, inevitably, establishes the unfortunate but very real possibility that such documentation does not exist, and 1), that these weapons-testing programs and projects are being carried out non-consensually, on non-consenting American citizens and residents, in complete violation of national and international laws (including Executive Orders), ethics, and morality, which guarantee the personal security, integrity, and sovereignty of the persons, bodies, and brains of all American citizens and residents/ "free persons, not slaves," as illustrated above in (4) and (5); 2) that these weapons-testing programs on non-consenting American citizens and residents, in flagrant violation of international and national law, ethics, and morality, are being conducted by imperialistic and unauthorized appropriation of every human subject's Informed Consent via opportunistic creation of exemptions under purposive classifications of "national security,"i.e. ­"authorized via exemption," by the Secretary of Defense, and 3), that these weapons-testing programs on non-consenting American citizens and residents are being carried out covertly, or/and clandestinely--which in military terminology indicates "active concealment," possibly with the express participation, whether in action or classification, of your agency.

9) While you have cited "Section 3.6(a) of Executive Order 13526" to say the CIA can
"neither confirm nor deny the existence or nonexistence of records responsive to (my) request," and "section 6 of the CIA Act of 1949, as amended, and section 102A(i)(1) of the National Security Act of 1947, as amended" to say "(T)he fact of the existence or nonexistence of requested records is currently and properly classified and is intelligence sources and methods information that is protected from disclosure," I would like to draw your attention to both Section 1.7 of Executive Order 13526 and to the Reducing Over-Classification Act, both of which caution against the use of classification or continued classification of information in order to conceal violation of the law, or to evade public accountability.

Sec. 1.7. (Executive Order 13526) Classification Prohibitions and Limitations.
(a) In no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order to:
(1) conceal violations of law, inefficiency, or administrative error;
(2) prevent embarrassment to a person, organization, or agency;
(3) restrain competition; or
(4) prevent or delay the release of information that does not require protection in the interest of the national security.

I ask therefore that my FOIA request for information in this matter be reconsidered, and that your agency use discretion to release all those requested records which do not fall explicitly under FOIA exemptions and indeed can be released, in the interests of reassuring and informing the American public at large that these Directed-Energy Weapons Bio-Behavioral Research contracts engaging in powerful EMF radiation/sonic weapons-testing on human subjects are not being conducted covertly and clandestinely on members of the American public without their officially-imparted complete knowledge and their documented, individually and fully sanctioned Informed Consent.

Sincerely,
Ramola D/Dharmaraj

From: Central Intelligence Agency

An interim response, stating the request is being processed.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Dec. 5, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #F-2015-00516.

Thank you for your help.

From: Central Intelligence Agency

A letter stating that the request appeal has been received and is being processed.

From: Ramola Dharmaraj

Dear Michael LaVergne,

I am writing with reference to my FOIA request which your agency had referenced as #F-2015-00516. I understand from your communication of 4/21/2015 that my appeal of your agency's original "Glomar response" has been accepted and is being processed.

I am writing to request further information on the processing of my appeal and on the original FOIA request. Please let me know when I can expect to hear a response or if there is any additional clarification I can provide.

Thanks very much.

Sincerely,
Ramola D/Dharmaraj

From: Central Intelligence Agency

A letter stating that the request appeal has been rejected.

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