Veterans Right-To-Know Act of 2002 (Introduced in House)
HR 5060 IH
107th CONGRESS
2d Session
H. R. 5060
To provide for the disclosure of information on projects of the Department of Defense, such as Project 112 and the Shipboard Hazard and Defense Project (Project SHAD), that included testing of biological or chemical agents involving potential exposure of members of the Armed Forces to toxic agents, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 27, 2002
Mr. THOMPSON of California (for himself, Mr. ABERCROMBIE, Mr. BERMAN, Mr. BOSWELL, Mr. BOYD, Mrs. DAVIS of California, Mr. FARR of California, Mr. FILNER, Mr. HOLDEN, Mr. HUNTER, Mr. ISRAEL, Mr. JOHN, Mr. BERRY, Mr. MATHESON, Mr. GEORGE MILLER of California, Mr. MOORE, Mr. MURTHA, Ms. PELOSI, Mr. POMBO, Mr. SANDLIN, Mr. SCHIFF, Mr. SHERMAN, Mr. STENHOLM, Mr. TAYLOR of Mississippi, Mr. TURNER, Ms. WATSON of California, Mr. CRAMER, Mr. CHAMBLISS, and Mr. BILIRAKIS) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide for the disclosure of information on projects of the Department of Defense, such as Project 112 and the Shipboard Hazard and Defense Project (Project SHAD), that included testing of biological or chemical agents involving potential exposure of members of the Armed Forces to toxic agents, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Veterans Right-To-Know Act of 2002'.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term `Project SHAD' means a series of tests, known as the Shipboard Hazard and Defense Project, conducted by the Department of Defense between approximately 1962 and 1970 that were intended to evaluate the effectiveness of shipboard detection and protective procedures against chemical warfare agents and biological warfare agents.
(2) The term `Project 112' means a series of tests conducted by the Department of Defense primarily during the
1960s in and around Alaska using chemical and biological agents.
SEC. 3. IDENTIFICATION OF PROJECTS.
(a) IDENTIFICATION- The Secretary of Defense shall identify each developmental or operational test of the Department of Defense (or a contractor of the Department of Defense) involving chemical or biological weapons, or defense against such weapons, in which members of the Armed Forces or civilians were or may have been exposed to actual or simulated hazardous agents, whether with or without their knowledge or consent. The Secretary shall identify such tests based on a thorough review of the records of the Department, including classified and unclassified records.
(b) REPORT- Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the actions of the Secretary under subsection (a). The report shall include, with respect to each test identified pursuant to subsection
(a), the following:
(1) A description of the test, including the test name, the date and location of the test, the test objective, and identification of each biological or chemical agent involved and the name of any solvent used to clean up after the test.
(2) The number of members of the Armed Forces, and the number of persons who were not members of the Armed Forces, who may have been affected by the test.
(3) Identification of any vessels or other major equipment involved in the test.
SEC. 4. OVERSIGHT WORKING GROUP ON BIOLOGICAL AND CHEMICAL TESTING.
(a) ESTABLISHMENT OF OVERSIGHT GROUP-
(1) IN GENERAL- The Comptroller General shall establish within the General Accounting Office an Oversight Working Group on Biological and Chemical Testing. The Oversight Working Group shall work to review activities of the Department of Defense being carried out to investigate all chemical and biological tests conducted by the Department that involved, or may have exposed, members of the Armed Forces or civilians.
(2) TIME FOR ESTABLISHMENT- The Oversight Working Group shall be established by the Comptroller General not later than 30 days after the date of the enactment of this Act.
(3) COMMENCEMENT OF ACTIVITIES- The Oversight Working Group shall begin their review of Department of Defense materials immediately upon being established.
(b) REPORT ON PROJECT SHAD (AND PROJECT 112)- Not later than six months after the date of the enactment of this Act, the Oversight Working Group shall submit to Congress a report providing information concerning Project SHAD and Project 112. The report shall include the following:
(1) A description of efforts underway within the Department of Defense to identify tests that were conducted as part of Project SHAD and to declassify information concerning such tests.
(2) A description of each test identified under section 3(a), including the test name, test objective, chemical or biological agents involved, solvents involved, and number of members of the Armed Forces, and the number of civilians potentially affected by such test.
(3) A description of the plans of the Secretary of Defense for the release of information on each test so identified.
(4) A description of the actions the Secretary of Defense proposes to undertake with the Secretary of Veterans Affairs in order to notify former members of the Armed Forces potentially affected by each test so identified of their participation in the test.
(5) A description of the actions the Secretary proposes to undertake in order to notify persons other than former members of the Armed Forces who were potentially affected by each test so identified of their participation in such test.
(6) Information, to the extent feasible, on tests conducted as part of Project SHAD for which information has not been declassified.
(7) An evaluation of the effectiveness of efforts described under paragraph (1) and any recommendations for improvement in future investigation efforts.
(c) CONTINUING FUNCTIONS- Upon completion of the report under subsection
(b), the Oversight Working Group shall continue to review Department of Defense investigations of any other cases of chemical or biological testing by the Department of Defense in which members of the Armed Forces or civilians may have been exposed to chemical or biological agents with or without their knowledge or consent.
(d) INFORMATION AND HISTORICAL KNOWLEDGE OF KEY VETERANS AND VETERAN SERVICE ORGANIZATIONS- The Oversight Working Group shall seek to identify veterans and veterans services organizations with significant information involving test projects such as Project SHAD and Project 112 and shall seek to have such information made available to the Secretary of Defense and the Secretary of Veterans Affairs. If feasible, such information shall be included in reports of the Oversight Working Group.
(e) ANNUAL REPORT TO CONGRESS- The Oversight Working Group shall submit an annual report to Congress. Each such report shall include the following:
(1) Information on the activities of the Oversight Working Group during the year covered by the report.
(2) With respect to any tests identified since the previous report under this section that were conducted as part of any testing of chemical or biological agents by the Department of Defense in which members of the Armed Forces or civilians may have been exposed to chemical or biological agents without their knowledge or consent, information in the same manner as provided for under subsection (c).
(3) Information on costs associated with the work of the Oversight Working Group during the year covered by the report.
(f) ACCESS TO DECLASSIFIED INFORMATION- As Department of Defense information relating to tests of referred to in section 3(a) is declassified, the Secretary of Defense shall ensure that such information is immediately provided to the Oversight Working Group.
SEC. 5. FUNCTIONS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) NOTIFICATION OF VETERANS- The Secretary of Veterans Affairs shall notify in writing each veteran who is determined to have been involved in any of the tests conducted as part of any testing of chemical or biological agents by the Department of Defense in which members of the Armed Forces may have been exposed to chemical or biological agents without their knowledge or consent, including testing conducted as part of Project SHAD. Such notification shall include detailed information as to the veteran's participation in such testing and of the veteran's possible exposure to chemical or biological agents or solvents as a result of such testing, including when and where the testing was conducted and what type of chemical or biological agents or solvents were used in the testing. Such notification shall also include instructions on how to receive a health care evaluation from the Department of Veterans Affairs.
(b) EVALUATION OF ADDITIONAL INFORMATION- As additional information becomes available concerning Project SHAD or any other testing of chemical or biological agents by the Department of Defense in which members of the Armed Forces or civilians may have been exposed to chemical or biological agents without their knowledge or consent, the Secretary of Veterans Affairs, working in conjunction with the Director of the Institute of Medicine of the National Academy of Sciences, shall act expeditiously to review declassified material to determine any lasting health effects that may have been incurred by veterans as a result of such exposure. Any such health effects information shall be made available to the public and to Members of Congress upon request and to any veteran who may have incurred such health effects and shall be made available through the public internet world-wide-web site of the Department of Veterans Affairs.
(c) NOTIFICATION TO AFFECTED VETERANS- When health effects due to exposures referred to in subsection
(b) are identified, the Secretary of Veterans Affairs shall notify by mail any veteran who, based upon the information available to the Secretary, may have been subject to such exposure. Such notification shall include notice of the possible exposure of the veteran, a description of the potential health effects of such exposure, and instructions on how to receive a health care evaluation from the Department of Veterans Affairs.
(d) CLINICAL EVALUATION- The Institute of Medicine shall undertake an overall clinical evaluation of all chemical and biological testing conducted by the Department of Defense to determine a history of how veterans' health status may have been affected by such tests and any other information acquired as a result of those tests.
SEC. 6. EXPEDITED PROCESSING OF FOIA REQUESTS.
(a) EXPEDITED PROCESSING- For purposes of expedited processing under section 552(a)(6)(E) of title 5, United States Code, any covered requester of a record relating to any testing, including Project SHAD, of chemical or biological agents by the Department of Defense in which members of the Armed Forces or civilians may have been exposed to chemical or biological agents without their knowledge or consent shall be deemed to have demonstrated a compelling need for such record.
(b) COVERED REQUESTERS- For purposes of this section, the term `covered requester' means any Member of Congress and any person acting on behalf of a veterans' service organization.
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