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Stars and Stripes: Excerpt: Title 50, U.S.
Code
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Excerpt: Title 50, U.S. Code
Oct 23, 2000
Dave Eberhart
Stars and Stripes Veterans Affairs Editor
Under Title 50 of the United States Code, the U.S. government has the authority to experiment with biological agents, with the following restrictions:
Sec. 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) ... any test or experiment involving
the use of a chemical agent or biological agent on a civilian
population; or ... 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, bio-engineered,
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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