[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.
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