50 U.S.C. § 1520a — Restrictions on use of human subjects

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, 89 Stat. 544.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 94–106, Oct. 7, 1975, 89 Stat. 531, known as the Department of Defense Appropriation Authorization Act, 1976. Provisions au- thorizing the appropriation of funds are not classified to the Code. For complete classification of this Act to the Code, see Tables. 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. § 1519a. Limitation on procurement of binary chemical weapons (a) Notwithstanding any other provision of law, no funds may be obligated or expended after September 24, 1983, for the production of binary chemical weapons unless the President certifies to the Congress that for each 155-millimeter bi- nary artillery shell or aircraft-delivered binary aerial bomb produced a serviceable unitary ar- tillery shell from the existing arsenal shall be rendered permanently useless for military pur- poses. (b)(1) Funds appropriated pursuant to the au- thorization of appropriations for the Army in section 101 of this Act may be used for the estab- lishment of a production base for binary chem- ical munitions and for the procurement of com- ponents for 155-millimeter binary chemical ar- tillery projectiles, but such funds may not be used for the actual production of binary chem- ical munitions before October 1, 1985. (2) Notwithstanding the provisions of para- graph (1), before the production of binary chem- ical munitions may begin after September 30, 1985, the President must certify to Congress in writing that, in light of circumstances pre- vailing at the time the certification is made, the production of such munitions is essential to the national interest. (3) For purposes of this subsection, ‘‘produc- tion of binary chemical munitions’’ means the final assembly of weapon components and the filling or loading of components with binary chemicals. (Pub. L. 98–94, title XII, § 1233, Sept. 24, 1983, 97 Stat. 695.) Editorial Notes REFERENCES IN TEXT Section 101 of this Act, referred to in subsec. (b)(1), is section 101 of Pub. L. 98–94, title I, Sept. 24, 1983, 97 Stat. 618, which was not classified to the Code. CODIFICATION Section was enacted as part of the Department of De- fense Authorization Act, 1984, and not as part of Pub. L. 91–121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter. § 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 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 De- fense of human subjects for testing of chemical or bio- logical agents, accounting to congressional committees with respect to experiments and studies, and notifica- tion of local civilian officials. § 1520a. Restrictions on use of human subjects for testing of chemical or biological agents (a) Prohibited activities The Secretary of Defense may not conduct (di- rectly or by contract)— (1) any test or experiment involving the use of a chemical agent or biological agent on a ci- vilian 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 pro- hibition in subsection (a) does not apply to a test or experiment carried out for any of the fol- lowing purposes: (1) Any peaceful purpose that is related to a medical, therapeutic, pharmaceutical, agricul- tural, industrial, or research activity. Page 116 TITLE 50—WAR AND NATIONAL DEFENSE § 1521 (2) Any purpose that is directly related to protection against toxic chemicals or biologi- cal 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 test- ing 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 con- ducted 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 De- fense 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), patho- gen, or infectious substance, and any naturally occurring, bioengineered, or synthesized compo- nent of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, that is capable of caus- ing— (1) death, disease, or other biological mal- function 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 environ- ment. (Pub. L. 105–85, div. A, title X, § 1078, Nov. 18, 1997, 111 Stat. 1915; Pub. L. 106–65, div. A, title X, § 1067(4), Oct. 5, 1999, 113 Stat. 774.) Editorial Notes CODIFICATION Section is comprised of section 1078 of Pub. L. 105–85. Subsec. (f) of section 1078 of Pub. L. 105–85 amended sec- tion 1523(b) of this title. Subsec. (g) of section 1078 of Pub. L. 105–85 repealed section 1520 of this title. Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1998, and not as part of Pub. L. 91–121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter. AMENDMENTS 1999—Subsec. (d). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. § 1521. Destruction of existing stockpile of lethal chemical agents and munitions (a) In general The Secretary of Defense shall, in accordance with the provisions of this section, carry out the destruction of the United States’ stockpile of le- thal chemical agents and munitions that exists on November 8, 1985. (b) Date for completion (1) The destruction of such stockpile shall be completed by the stockpile elimination dead- line. (2) If the Secretary of Defense determines at any time that there will be a delay in meeting the requirement in paragraph (1) for the comple- tion of the destruction of chemical weapons by the stockpile elimination deadline, the Sec- retary shall immediately notify the Committee on Armed Services of the Senate and the Com- mittee on Armed Services of the House of Rep- resentatives of that projected delay. (3) For purposes of this section, the term ‘‘stockpile elimination deadline’’ means the deadline established by the Chemical Weapons Convention, but not later than December 31, 2023. (c) Initiation of demilitarization operations The Secretary of Defense may not initiate de- struction of the chemical munitions stockpile stored at a site until the following support measures are in place: (1) Support measures that are required by Department of Defense and Army chemical surety and security program regulations. (2) Support measures that are required by the general and site chemical munitions de- militarization plans specific to that installa- tion. (3) Support measures that are required by the permits required by the Solid Waste Dis- posal Act (42 U.S.C. 6901 et seq.) and the Clean Air Act (42 U.S.C. 7401 et seq.) for chemical munitions demilitarization operations at that installation, as approved by the appropriate State regulatory agencies. (d) Environmental protection and use of facili- ties (1) In carrying out the requirement of sub- section (a), the Secretary of Defense shall pro- vide for— (A) maximum protection for the environ- ment, the general public, and the personnel who are involved in the destruction of the le- thal chemical agents and munitions referred to in subsection (a), including but not limited to the use of technologies and procedures that will minimize risk to the public at each site; and (B) adequate and safe facilities designed solely for the destruction of lethal chemical agents and munitions. (2) Facilities constructed to carry out this sec- tion shall, when no longer needed for the pur- poses for which they were constructed, be dis- posed of in accordance with applicable laws and regulations and mutual agreements between the Secretary of the Army and the Governor of the State in which the facility is located. (3)(A) Facilities constructed to carry out this section may not be used for a purpose other than the destruction of the stockpile of lethal chem- ical agents and munitions that exists on Novem- ber 8, 1985. (B) The prohibition in subparagraph (A) shall not apply with respect to items designated by