shad3

Email Mr. Stone: pbay@digisys.net

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.

CALL YOUR CONGRESSMAN AND URGE HIM TO SUPPORT THIS LEGISLATION!!!

CALL 877-762-8762 TODAY!!!

The VA has just posted some information regarding treatment on the Internet. If you know anyone who may have been involved, please tell them: http://www.va.gov/SHAD/

10,000 OR MORE U.S. SERVICEMEN ARE AFFECTED. I'VE BEEN WAITING FOR 30 YEARS FOR THE CLOAK OF SECRECY TO COME OFF THIS! J. B. Stone

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