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U.S. Code as of:
01/19/04
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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