PUBLIC LAW 105–85—NOV. 18, 1997 111 STAT. 1915
SEC. 1078. RESTRICTIONS ON THE 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), the
prohibition in subsection (a) 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) 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 National Security 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.
(f) REPORT AND CERTIFICATION.—Section 1703(b) of the National
Defense Authorization Act for Fiscal Year 1994 (50 U.S.C. 1523(b))
is amended by adding at the end the following new paragraph:
‘‘(9) A description of any program involving the testing
of biological or chemical agents on human subjects that was
carried out by the Department of Defense during the period
covered by the report, together with—
‘‘(A) a detailed justification for the testing;
‘‘(B) a detailed explanation of the purposes of the
testing;
‘‘(C) a description of each chemical or biological agent
tested; and
‘‘(D) the Secretary’s certification that informed consent
to the testing was obtained from each human subject in
advance of the testing on that subject.’’.
(g) REPEAL OF SUPERSEDED PROVISION OF LAW.—Section 808
of the Department of Defense Appropriation Authorization Act,
1978 (50 U.S.C. 1520), is repealed.
source:
Link below, on page 287
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