# § 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)**
**(1)** 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.
**(2)** The Secretary may delegate the authority provided by paragraph (1) to the Under Secretary of Defense for Research and Engineering.
---
**Source Credit**: (Added Pub. L. 98–525, title XIV, § 1401(c)(1), Oct. 19, 1984, 98 Stat. 2615; amended Pub. L. 107–107, div. A, title VII, § 733, Dec. 28, 2001, 115 Stat. 1170; Pub. L. 118–31, div. A, title II, § 212, Dec. 22, 2023, 137 Stat. 183.)
## Editorial Notes
### Prior Provisions
Provisions similar to those in this section were contained in the following appropriation acts:
[title VIII, § 8029], , , 1929.
, , .
[title VII, § 737], , , 1857.
, , .
, , .
, , .
, , .
, , .
, , .
, , .
, , .
, , .
, , .
### Amendments
2023—Subsec. (b). designated existing provisions as par. (1) and added par. (2).
2001— designated existing provisions as subsec. (a) and added subsec. (b).
## Statutory Notes and Related Subsidiaries
### Effective Date
Section effective , see , set out as a note under .