From: Ian Goddard (Ian@Goddard.net)
Date: Tue Jan 26 1999 - 19:49:17 MST
GOOD NEWS! I've learned that Section 1520 of Title 50
Chapter 23 was REPEALED on November 18, 1997! However,
the Cornell Law School on-line library has NOT updated
the U.S. Code since then, even though it says at their
site that "Updated information will be added here within
24 hours of its availability from the House," suggesting
that shortly after laws are passed or repealed they'll be
posted, but in fact over 9,000 hours have passed so far.
The problem is that the House hasn't made it available.
No search engine I've used can find the fact that 1520
was repealed. All on-line government archives I've found
list the old law as law. However, I discovered that 1520
was repealed thanks to someone who accessed a pay-for-
use on-line law resource. Section 1520 was replaced with
1520(a), which was sent to me (quoted below in full).
Many webpages of private researchers cite Section 1520,
and Art Bell mentioned it last evening. Many of those
who are interested in 1520 are not aware of its repeal,
so please send this message to anyone not aware of such!
Interesting that the now-repealed Section 1520 of Title
50 (which allowed chemical warfare testing on "civilian
populations") was enacted under Jimmy Carter's term in
1977 (not 1996), which seems interesting to me in light
of the fact that Carter has such a humanitarian image.
Here's the replacement law. My only problem with it is
that the ONLY entity it prohibits from conducting tests
on civilian populations is the Secretary of the Defense,
yet bio-warfare-related laws often cite the President as
the ultimate conductor of actions, yet the new law does
not place any prohibition on the President or any other
federal official except the Secretary of the Defense.
============= U.S. CODE TITLE 50, SECTION 1520(a) =================
S 1520. Repealed. Pub L. 105-85, Div. A, Title X, S 1078(g), Nov.
18, 1997, 111 Stat. 1916
S 1520a. Restriction 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) of this section, the prohibition
in subsection (a) of this section 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) of this section 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 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.
============= END OF U.S. CODE TITLE 50, SECTION 1520(a) ================
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