TITLE 50 Document | Section 1520a Repealed | House Resolution H.R.2977

United States Code

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 32 - CHEMICAL AND BIOLOGICAL WARFARE PROGRAM

Section 1511. Repealed. Pub. L. 104-106, Div. A, Title X, Sec. 1061(K), Feb. 10, 1996, 110 Stat. 443

Section 1512. Transportation, Open Air Testing, And Disposal; Presidential Determination; Report To Congress; Notice To Congress And State Governors

Section 1512a. Transportation Of Chemical Munitions

Section 1513. Deployment, Storage, And Disposal; Notification To Host Country And Congress; International Law Violations; Reports To Congress And International Organizations

Section 1514. ''United States'' Defined

Section 1515. Suspension; Presidential Authorization

Section 1516. Delivery Systems

Section 1517. Immediate Disposal When Health Or Safety Are Endangered

Section 1518. Disposal; Detoxification; Report To Congress; Emergencies

Section 1519. Lethal Binary Chemical Munitions

Section 1519a. Limitation On Procurement Of Binary Chemical Weapons

Section 1520. Repealed. Pub. L. 105-85, Div. A, Title X, Sec. 1078(G), Nov. 18, 1997, 111 Stat. 1916, And Pub. L. 105-277, Div. I, Title Vi, Sec. 601, Oct. 21, 1998, 112 Stat. 2681-886

Section 1520a. Restrictions On Use Of Human Subjects For Testing Of Chemical Or Biological Agents

Section 1521. Destruction Of Existing Stockpile Of Lethal Chemical Agents And Munitions

Section 1522. Conduct Of Chemical And Biological Defense Program

Section 1523. Annual Report On Chemical And Biological Warfare Defense

Section 1524. Agreements To Provide Support To Vaccination Programs Of Department Of Health And Human Services

Section 1525. Assistance For Facilities Subject To Inspection Under Chemical Weapons Convention

Section 1526. Effective Use Of Resources For Nonproliferation Programs

Chapter Notes

REPEALED

Section 1520. Repealed. Pub. L. 105-85, div. A, title X, Sec. 1078(g), Nov. 18, 1997, 111 Stat. 1916, and Pub. L. 105-277, div. I, title VI, Sec. 601, Oct. 21, 1998, 112 Stat. 2681-886

Section 1520a. Restrictions on use of human subjects for testing of chemical or biological agents

(a) Prohibited activities

The Secretary of Defense may not conduct (directly or by contract) -

(1) any test or experiment involving the use of a chemical agent or biological agent on a civilian population; or

(2) any other testing of a chemical agent or biological agent on human subjects.

(b) Exceptions

Subject to subsections (c), (d), and (e) of this section, the prohibition in subsection (a) of this section does not apply to a test or experiment carried out for any of the following purposes:

(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.

(c) Informed consent required

The Secretary of Defense may conduct a test or experiment described in subsection (b) of this section only if informed consent to the testing was obtained from each human subject in advance of the testing on that subject.

(d) Prior notice to Congress

Not later than 30 days after the date of final approval within the Department of Defense of plans for any experiment or study to

be conducted by the Department of Defense (whether directly or under contract) involving the use of human subjects for the testing

of a chemical agent or a biological agent, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth a full accounting of those plans, and the

experiment or study may then be conducted only after the end of the 30-day period beginning on the date such report is received by

those committees.

(e) ''Biological agent'' defined In this section, the term ''biological agent'' means any micro-organism (including bacteria, viruses, fungi, rickettsiac, or protozoa), pathogen, or infectious substance, and any naturally occurring, bioengineered, or synthesized component of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, that is capable of causing -

(1) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;

(2) deterioration of food, water, equipment, supplies, or materials of any kind; or

(3) deleterious alteration of the environment.

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Related Resources

Defense Department Guide

Military Courts

War Powers Resource

Military Discussion

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