Re: SAVE This Evidence

hal@rain.org
Wed, 27 Jan 1999 16:37:54 -0800

It seems to me that this law merely puts restrictions on the way testing is done. It does not explicitly authorize human testing, but it says that IF human testing is done, it must be done in certain ways. It says that the testing must involve certain kinds of notifications and certain time limits.

Repealing the law would therefore repeal the restrictions. There would no longer be the requirement of notice within 30 days, or notice to civilian authorities.

It's not clear to me that the repeal of this law would make it illegal to test chemical or biological agents on humans. There may be other laws which would do that, but the mere act of repealing this would would not in itself make such testing illegal.

Hal

> U.S. Code Title 50, Chapter 32
>
> Sec. 1520. Use of human subjects for testing of chemical or
> biological agents by Department of Defense; accounting to
> Congressional committees with respect to experiments and
> studies; notification of local civilian officials
>
> (a) Not later than thirty days after 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 chemical or biological agents,
> the Secretary of Defense shall supply the Committees on
> Armed Services of the Senate and House of Representatives
> with a full accounting of such plans for such experiment
> or study, and such experiment or study may then be conducted
> only after the expiration of the thirty-day period beginning
> on the date such accounting is received by such committees.
>
> (b)
> (1) The Secretary of Defense may not conduct any test
> or experiment involving the use of any chemical or
> biological agent on civilian populations unless local
> civilian officials in the area in which the test or
> experiment is to be conducted are notified in advance
> of such test or experiment, and such test or experiment
> may then be conducted only after the expiration of the
> thirty-day period beginning on the date of such
> notification. (2) Paragraph (1) shall apply to tests
> and experiments conducted by Department of Defense
> personnel and tests and experiments conducted on
> behalf of the Department of Defense by contractors.