U.S. Code » Title 50 » Chapter CHAPTER 32— CHEMICAL AND BIOLOGICAL WARFARE PROGRAM

50 U.S.C. § 1520a

Restrictions on use of human subjects for testing of chemical or biological agents

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(a) Prohibited activitiesThe 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) ExceptionsSubject 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” definedIn 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.(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 NotesCodification

Section is comprised of section 1078 of Pub. L. 105–85. Subsec. (f) of section 1078 of Pub. L. 105–85 amended section 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 Committee on National Security”.

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2000–2024 · leading case: Ponder v. Stone, 54 M.J. 613 (N.M.C.C.A. 2000).
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Ponder v. Stone, 54 M.J. 613 (N.M.C.C.A. 2000). · cites it 3× “§ 1107 ; 50 U.S.C. § 1520a; and Executive Order 13139 of September 30, 1999.”
Norman v. Campbell, 87 F. App'x 582 (7th Cir. 2003). · cites it 2× “§ 1985 and 50 U.S.C. § 1520a, the latter provision forbidding the Secretary of Defense from conducting medical experiments without permission of Congress and the participant.”
Dell v. United States (Fed. Cl. 2020). · cites it 2× “On June 19, 2020, the government moved to dismiss for lack of subject-matter jurisdiction pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (“RCFC”).”
Lofton v. United States (Fed. Cir. 2023). · cites it 2× “§ 2071 (a) (a criminal statute prohibiting the destruction or removal of public records); 50 U.S.C. § 1520a (a statute generally pro- hibiting the Secretary of Defense from testing chemical agents on civilian populations); and 49 C.”
TURNER v. United States (M.D. Ga. 2024). “§ 1332 as the basis for this Court’s subject matter jurisdiction, claiming the United States is incorporated under the laws of all fifty states, and claims relief under 50 U.S.C. § 1520a, 18 U.S.C. § 2340A, and 28 U.”
TURNER v. United States (M.D. Ga. 2024). “In this case, Turner seeks relief under 50 U.S.C. § 1520a, 18 U.S.C. § 2340A, 18 U.”
United States v. Schwartz, 61 M.J. 567 (N.M.C.C.A. 2005). “This would imply that the vaccine is also not an experimental or test drug that would require informed consent under 50 U.S.C. § 1520a(c). According to the DON AVIP instruction, anthrax immunization is mandatory and those refusing the vaccine are subject to disciplinary action.”
— 50 U.S.C. § 1520a(c) — 2 cases
Ponder v. Stone, 54 M.J. 613 (N.M.C.C.A. 2000). “§ 1107 ; 50 U.S.C. § 1520a; and Executive Order 13139 of September 30, 1999.”
United States v. Schwartz, 61 M.J. 567 (N.M.C.C.A. 2005). “This would imply that the vaccine is also not an experimental or test drug that would require informed consent under 50 U.S.C. § 1520a(c). According to the DON AVIP instruction, anthrax immunization is mandatory and those refusing the vaccine are subject to disciplinary action.”
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