2 Comments

1. from congress.gov 111 STAT. 1916 PUBLIC LAW 105–85—NOV. 18, 1997 page 287 see EXCEPTIONS!
   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:
   Reports.
   50 USC 1520a.
   10 USC 985 note.
   111 STAT. 1916 PUBLIC LAW 105–85—NOV. 18, 1997
   ‘‘(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.

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   • Thank you!!!!

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