§ 980. —  Limitation on use of humans as experimental subjects.

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 10USC980]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
          CHAPTER 49--MISCELLANEOUS PROHIBITIONS AND PENALTIES
 
Sec. 980. Limitation on use of humans as experimental subjects

    (a) Funds appropriated to the Department of Defense may not be used 
for research involving a human being as an experimental subject unless--
        (1) the informed consent of the subject is obtained in advance; 
    or
        (2) in the case of research intended to be beneficial to the 
    subject, the informed consent of the subject or a legal 
    representative of the subject is obtained in advance.

    (b) The Secretary of Defense may waive the prohibition in this 
section with respect to a specific research project to advance the 
development of a medical product necessary to the armed forces if the 
research project may directly benefit the subject and is carried out in 
accordance with all other applicable laws.

(Added Pub. L. 98-525, title XIV, Sec. 1401(c)(1), Oct. 19, 1984, 98 
Stat. 2615; amended Pub. L. 107-107, div. A, title VII, Sec. 733, Dec. 
28, 2001, 115 Stat. 1170.)


                            Prior Provisions

    Provisions similar to those in this section were contained in the 
following appropriation acts:
    Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8029], Oct. 
12, 1984, 98 Stat. 1904, 1929.
    Pub. L. 98-212, title VII, Sec. 734, Dec. 8, 1983, 97 Stat. 1444.
    Pub. L. 97-377, title I, Sec. 101(c) [title VII, Sec. 737], Dec. 21, 
1982, 96 Stat. 1833, 1857.
    Pub. L. 97-114, title VII, Sec. 738, Dec. 29, 1981, 95 Stat. 1585.
    Pub. L. 96-527, title VII, Sec. 739, Dec. 15, 1980, 94 Stat. 3088.
    Pub. L. 96-154, title VII, Sec. 741, Dec. 21, 1979, 93 Stat. 1159.
    Pub. L. 95-457, title VIII, Sec. 841, Oct. 13, 1978, 92 Stat. 1251.
    Pub. L. 95-111, title VIII, Sec. 840, Sept. 21, 1977, 91 Stat. 906.
    Pub. L. 94-419, title VII, Sec. 739, Sept. 22, 1976, 90 Stat. 1297.
    Pub. L. 94-212, title VII, Sec. 740, Feb. 9, 1976, 90 Stat. 175.
    Pub. L. 93-437, title VIII, Sec. 841, Oct. 8, 1974, 88 Stat. 1231.
    Pub. L. 93-238, title VII, Sec. 743, Jan. 2, 1974, 87 Stat. 1045.
    Pub. L. 92-570, title VII, Sec. 745, Oct. 26, 1972, 86 Stat. 1203.


                               Amendments

    2001--Pub. L. 107-107 designated existing provisions as subsec. (a) 
and added subsec. (b).


                             Effective Date

    Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98-525, 
set out as a note under section 520b of this title.