22 U.S.C. § 6771

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 6771 - Prohibition

(a) In general

Neither the Secretary of Defense nor any other officer or employee of the United States may, directly or by contract-

(1) conduct any test or experiment involving the use of any chemical or biological agent on a civilian population; or

(2) use human subjects for the testing of chemical or biological agents.

(b) Construction

Nothing in subsection (a) may be construed to prohibit actions carried out for purposes not prohibited by this chapter (as defined in section 6701(8) of this title).

(c) "Biological agent" defined

In this section, the term "biological agent" means any micro-organism (including bacteria, viruses, fungi, rickettsiae or protozoa), pathogen, or infectious substance, or any naturally occurring, bio-engineered or synthesized component of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, 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.

22 U.S.C. § 6771

Pub. L. 105-277, div. I, title VI, §602, Oct. 21, 1998, 112 Stat. 2681-886.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in subsec. (b), was in the original "this Act" and was translated as reading "this division", meaning div. I of Pub. L. 105-277, 112 Stat. 2681-856, known as the Chemical Weapons Convention Implementation Act of 1998, to reflect the probable intent of Congress. For complete classification of division I to the Code, see Short Title note set out under section 6701 of this title and Tables.

United States: The term "United States" means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States and includes all places under the jurisdiction or control of the United States, including-(A) any of the places within the provisions of paragraph (41)2 of section 40102 of title 49;(B) any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs (17) and (37),2 respectively, of section 40102 of title 49; and(C) any vessel of the United States, as such term is defined in section 70502(b) of title 46.
purposes not prohibited by this chapter: The term "purposes not prohibited by this chapter" means the following:(A) Peaceful purposesAny peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity.(B) Protective purposesAny purpose directly related to protection against toxic chemicals and to protection against chemical weapons.(C) Unrelated military purposesAny military purpose of the United States that is not connected with the use of a chemical weapon and that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm.(D) Law enforcement purposesAny law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment.
Chemical Weapons Convention: The terms "Chemical Weapons Convention" and "Convention" mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993.