SEC. 1078. RESTRICTIONS <<NOTE: 50 USC 1520a.>> 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 <<NOTE: Reports.>> 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:
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``(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.