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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)
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(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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