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50 U.S.C. § 1520 — Repealed. Pub. L. 105–85, div. A, title X, § 1078(g), Nov. 18, 1997, 111 Stat. 1916, and Pub. L. 105–277, div. I, title VI, § 601, Oct. 21, 1998, 112 Stat. 2681–886
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 95–79, title VIII, § 808, July 30, 1977, 91 Stat. 334; Pub. L. 97–375, title II, § 203(a)(1), Dec. 21, 1982, 96 Stat. 1822, related to use by the Department of Defense of human subjects for testing of chemical or biological agents, accounting to congressional committees with respect to experiments and studies, and notification of local civilian officials.
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Source location: Title 50, Chapter 32, § 1520; chapter-032-chemical-and-biological-warfare-program.md
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### Statutory Notes
Section, Pub. L. 95–79, title VIII, § 808, July 30, 1977, 91 Stat. 334; Pub. L. 97–375, title II, § 203(a)(1), Dec. 21, 1982, 96 Stat. 1822, related to use by the Department of Defense of human subjects for testing of chemical or biological agents, accounting to congressional committees with respect to experiments and studies, and notification of local civilian officials.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Chemical weapon** — The term “chemical weapon” means the following, together or separately:
(A) A toxic chemical and its precursors, except where intended for a purpose not prohibited under this chapter as long as the type and quantity is consistent with such a purpose.
(B) A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device.
(C) Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B).
(2) **Chemical Weapons Convention; Convention** — The terms “Chemical Weapons Convention” and “Convention” mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993.
(3) **Key component of a binary or multicomponent chemical system** — The term “key component of a binary or multicomponent chemical system” means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.
(4) **National of the United States** — The term “national of the United States” has the same meaning given such term in [section 1101(a)(22) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/22&num=0&edition=prelim).
(5) **Organization** — The term “Organization” means the Organization for the Prohibition of Chemical Weapons.
(6) **Person** — The term “person”, except as otherwise provided, means any individual, corporation, partnership
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Federal law — U.S. Code and appendices · legal_authorities
**(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 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 sect
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Federal law — U.S. Code and appendices · legal_authorities
Page 115
TITLE 50—WAR AND NATIONAL DEFENSE
§ 1520a
§ 1518. Disposal; detoxification; report to Con-
gress; emergencies
On and after October 7, 1970, no chemical or bi-
ological warfare agent shall be disposed of with-
in or outside the United States unless such
agent has been detoxified or made harmless to
man and his environment unless immediate dis-
posal is clearly necessary, in an emergency, to
safeguard human life. An immediate report
should be made to Congress in the event of such
disposal.
(Pub. L. 91–441, title V, § 506(d), Oct. 7, 1970, 84
Stat. 913.)
Editorial Notes
CODIFICATION
Section was not enacted as part of Pub. L. 91–121,
title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which com-
prises this chapter.
§ 1519. Lethal binary chemical munitions
(a) Notwithstanding any other provision of
law, none of the funds authorized to be appro-
priated by this or any other Act shall be used for
the purpose of production of lethal binary chem-
ical munitions unless the President certifies to
Congress that the production of such munitions
is essential to the national interest and submits
a full report thereon to the President of the Sen-
ate and the Speaker of the House of Representa-
tives as far in advance of the production of such
munitions as is practicable.
(b) For purposes of this section the term ‘‘le-
thal binary chemical munitions’’ means (1) any
toxic chemical (solid, liquid, or gas) which,
through its chemical properties, is intended to
be used to produce injury or death to human
beings, and (2) any unique device, instrument,
apparatus, or contrivance, including any compo-
nents or accessories thereof, intended to be used
to disperse or otherwise disseminate any such
toxic chemical.
(Pub. L. 94–106, title VIII, § 818, Oct. 7, 1975, 8
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