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LEGISLATION — Chemical Weapons Convention Implementation Act of 1998


  • Section 808 of the Department of Defense Appropriation Authorization Act, 1978 (50 U.S.C. 1520; relating to the use of human subjects for the testing of chemical or biological agents) is repealed.


  • (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 Act (as defined in section 3(8)).
  • (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.


  • Section 362(b) of title 11, United States Code, is amended--
    • (1) by striking paragraphs (4) and (5); and
    • (2) by inserting after paragraph (3) the following:
      • "(4) under paragraph (1), (2), (3), or (6) of subsection (a) of this section, of the commencement or continuation of an action or proceeding by a governmental unit or any organization exercising authority under 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, to enforce such governmental unit's or organization's police and regulatory power, including the enforcement of a judgement other than a money judgment, obtained in an action or proceeding by the governmental unit to enforce such governmental unit's or organization's police or regulatory power;".

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