Requires the Comptroller General to establish within the General Accounting Office an Oversight Working Group on Biological and Chemical Testing to: (1) review DOD chemical and biological test activities that involved exposure to military personnel or civilians; (2) report to Congress information concerning Project SHAD (DOD tests to evaluate the effectiveness of shipboard detection and protective procedures against chemical and biological warfare agents) and Project 112 (DOD tests in and around Alaska using chemical and biological agents); (3) continue to review DOD investigations of any other cases of DOD chemical or biological testing; and (4) identify veterans and veterans organizations with significant information involving such test projects and seek to have that information made available to the Secretaries of Defense and Veterans Affairs.
Directs the Secretary of Veterans Affairs to: (1) notify any veterans who may have been exposed, with instructions on how to receive a health care evaluation; and (2) review declassified material to determine any lasting health effects that may have been incurred by exposed veterans.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2704 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2704
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 SENATE OF THE UNITED STATES
June 28, 2002
Mr. Nelson of Florida (for himself and Mr. Cleland) introduced the
following bill; which was read twice and referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
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 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, an
identification of each biological or chemical agent involved,
and the name of any solvent used to cleanup 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) An 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 to chemical
or biological agents.
(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 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 of Defense
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 the 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 testing and any
other information acquired as a result of such testing.
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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Veterans' Affairs.
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