Restrictions on use of human subjects for testing of chemical or biological agents
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§ 1520a. Restrictions on use of human subjects for testing of chemical or biological agents |
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(a)
Prohibited activities
The Secretary of Defense may not conduct (directly or by contract)—
(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.
(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—
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