[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4259 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4259

          To establish the Veterans' Right to Know Commission.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2005

 Mr. Thompson of California (for himself, Mr. Rehberg, Mr. Filner, Mr. 
Peterson of Minnesota, Mr. Matheson, Mr. Van Hollen, Mr. McDermott, Mr. 
  Holt, and Mr. Strickland) introduced the following bill; which was 
  referred to the Committee on Armed Services, and in addition to the 
 Committee on Rules, 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 establish the Veterans' Right to Know Commission.

    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''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``Veterans' 
Right to Know Commission'' (in this Act referred to as the 
``Commission'').

SEC. 3. DUTIES.

    (a) In General.--The duties of the Commission shall be--
            (1) to investigate chemical or biological warfare tests or 
        projects, especially such projects carried out between 1954 and 
        1973, placing particular emphasis on actions or conditions 
        associated with such projects that could have contributed to 
        health risks or been harmful to any United States civilian 
        personnel or member of the United States Armed Forces who 
        participated in such a project or who was otherwise potentially 
        exposed to any biological or chemical agent, simulant, tracer, 
        decontaminant, or herbicide as a result of such projects; and
            (2) to submit a report to Congress of its findings and 
        recommendations.
    (b) Matters to Be Examined.--In carrying out this Act, the 
Commission shall specifically examine--
            (1) classified and unclassified data, test operation plans, 
        safety plans, test reports, test results, and any other 
        materials related to a chemical or biological warfare test or 
        project;
            (2) the types and dosages of any biological or chemical 
        agent, including any simulant, tracer, decontaminant, 
        pharmaceutical, or herbicide, used during each chemical or 
        biological warfare test or project;
            (3) information relating to the personal protection of 
        participants in each chemical or biological warfare test or 
        project, including respiratory equipment, clothing, citadel 
        systems, vaccinations, and safety and medical protocols;
            (4) the list provided to the Department of Veterans Affairs 
        by the Department of Defense of names of individuals who 
        participated in each chemical or biological warfare test or 
        project, the method by which such names were provided, and any 
        other information relating to the number of individuals who 
        participated in such a project or who were otherwise 
        potentially exposed to any biological or chemical agent, 
        simulant, tracer, decontaminant, pharmaceutical, or herbicide 
        as a result of such a project;
            (5) the date and location of any land, air, or sea test 
        conducted as part of any chemical or biological warfare test or 
        project and the dispersal area likely to have been affected by 
        the release of a chemical or biological agent, simulant, 
        tracer, decontaminant, pharmaceutical, or herbicide during the 
        tests; and
            (6) any available data collected during health screenings 
        or cause of death determinations performed on any individual 
        who participated in a chemical or biological warfare test or 
        project to determine any possible health consequences of such 
        participation.
    (c) Chemical or Biological Warfare Test or Project.--In this Act, 
the term ``chemical or biological warfare test or project'' means any 
project or program carried out by the Department of Defense, including 
Project 112 and the Shipboard Hazard and Defense Project (Project 
SHAD), as a part of which any biological or chemical agent, simulant, 
tracer, decontaminant, pharmaceutical, or herbicide was tested or used.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 10 
members as follows:
            (1) 1 member appointed by the President, who shall serve as 
        chair of the Commission.
            (2) 1 member appointed jointly by the minority leader of 
        the Senate and the minority leader of the House of 
        Representatives, who shall serve as vice chair of the 
        Commission.
            (3) 2 members appointed by the majority leader of the 
        Senate.
            (4) 2 members appointed by the Speaker of the House of 
        Representatives.
            (5) 2 members appointed by the minority leader of the 
        Senate.
            (6) 2 members appointed by the minority leader of the House 
        of Representatives.
    (b) Qualifications.--
            (1) In general.--Each individual appointed to the 
        Commission shall be a prominent United States citizen with 
        national recognition and significant experience in areas 
        related to the duties of the Commission.
            (2) Veteran appointments.--
                    (A) Chair and vice chair.--The chair and vice chair 
                of the Commission shall be veterans (as that term is 
                defined in section 101 of title 38, United States 
                Code).
                    (B) Members.--2 members of the Commission shall be 
                veterans who participated in chemical or biological 
                warfare test or project and who have knowledge of the 
                tests conducted during such projects.
            (3) Other appointments.--A member of the Commission shall 
        not be an officer of employee of the Federal Government, any 
        State government, or any unit of local government. This 
        paragraph shall not apply to appointments under paragraph (2).
    (c) Terms.--
            (1) In general.--Each member shall be appointed for the 
        life of the Commission.
            (2) Vacancies.--A vacancy in the Commission shall be filled 
        in the manner in which the original appointment was made.
    (d) Time for Appointment.--Each member of the Commission shall be 
appointed before the expiration of the 45-day period which begins on 
the date of the enactment of this Act.
    (e) Basic Pay.--Members shall be compensated at a rate not to 
exceed the daily equivalent of the annual rate of basic pay in effect 
for a position at level IV of the Executive Schedule under section 5315 
of title 5, United States Code, for each day during which that member 
is engaged in the actual performance of the duties of the Commission.
    (f) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with 
applicable provisions under subchapter I of chapter 57 of title 5, 
United States Code.
    (g) Chair.--The chair shall serve as a full-time employee of the 
United States.
    (h) Quorum.--6 members of the Commission shall constitute a quorum 
but a lesser number may hold hearings.
    (i) Meetings.--
            (1) Initial meeting.--The Commission shall meet as soon as 
        practicable after the date of the enactment of this Act
            (2) Subsequent meetings.--After the initial meeting, the 
        Commission shall meet at the call of the chair or a majority of 
        its members but no fewer than four times each year.

SEC. 5. DIRECTOR AND STAFF OF COMMISSION.

    (a) Director.--The chair, in accordance with rules agreed upon by 
the Commission, may appoint and fix the compensation of a Director.
    (b) Staff.--The chair, in accordance with rules agreed upon by the 
Commission, may appoint and fix the compensation of any additional 
personnel as may be necessary to enable the Commission to carry out its 
functions.
    (c) Applicability of Certain Civil Service Laws.--The Director and 
staff of the Commission may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, and may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of that title 
relating to classification and General Schedule pay rates, except that 
any individual so appointed may not receive pay in excess of the annual 
rate of basic pay for level V of the Executive Schedule under section 
5316 of title 5, United States Code.
    (d) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, but at rates not to exceed the daily equivalent of the 
maximum annual rate of basic pay for level IV of the Executive Schedule 
under section 5315 of title 5, United States Code.
    (e) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any Federal department or agency may detail, without 
reimbursement, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its duties under this Act.

SEC. 6. POWERS OF THE COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commission considers 
appropriate. The Commission may administer oaths or affirmations to 
witnesses appearing before it.
    (b) Public Meetings, Hearings, and Reports.--
            (1) Nonapplicability of the federal advisory committee 
        act.--Section 10(a) of the Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to the Commission.
            (2) Public meetings and release of public versions of 
        reports.--The Commission shall--
                    (A) hold public hearings and meetings to the extent 
                appropriate; and
                    (B) release public versions of the reports 
                submitted under section 7.
            (3) Public hearings.--A public hearing of the Commission 
        shall be conducted in a manner consistent with the protection 
        of information provided to or developed for or by the 
        Commission as required by any applicable statute, regulation, 
        or Executive order.
    (c) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    (d) Obtaining Official Data.--
            (1) In general.--The Commission may secure directly from 
        any department or agency of the United States information 
        necessary to enable it to carry out this Act, including rosters 
        of personnel who participated in any chemical or biological 
        warfare test or project. Upon request of the chair, the head of 
        that department or agency shall furnish that information to the 
        Commission.
            (2) Participant information.--
                    (A) Before the expiration of the 45-day period 
                which begins on the date of the enactment of this Act, 
                the head of a department or agency of the United States 
                which is in possession of any participant information 
                described in subparagraph (B) shall furnish such 
                information to the Commission.
                    (B) The participant information referred to in 
                subparagraph (A) is the name, service number, social 
                security number, and birth date of each individual who 
                participated in a chemical or biological warfare test 
                or project and the date and location of any such 
                project in which the individual participated.
    (e) Security Clearances.--
            (1) Chair and vice chair.--The chair and vice chair of the 
        Commission shall hold, as a condition of appointment to or 
        employment with the Commission, appropriate security clearances 
        for access to the classified briefing, records, and materials 
        to be reviewed by the Commission or its staff and shall follow 
        the guidance and practices on security under applicable 
        Executive orders and agency directives.
            (2) Certain staff.--Not fewer than one-third of the staff 
        of the Commission shall hold, as a condition of appointment to 
        or employment with the Commission, appropriate security 
        clearances for access to the classified briefing, records, and 
        materials to be reviewed by the Commission or its staff and 
        shall follow the guidance and practices on security under 
        applicable Executive orders and agency directives.
            (3) Members and staff.--
                    (A) In general.--Subject to paragraph (2), the 
                appropriate Federal agencies or departments shall 
                cooperate with the Commission in expeditiously 
                providing to the Commission members and staff 
                appropriate security clearances to the extent possible 
                pursuant to existing procedures and requirements.
                    (B) Exception.--No person shall be provided with 
                access to classified information under this Act without 
                the appropriate required security clearance access.
    (f) Gifts, Bequests, and Devises.--The Commission may accept, use, 
and dispose of gifts, bequests, or devises of services or property, 
both real and personal, for the purpose of aiding or facilitating the 
work of the Commission. Gifts, bequests, or devises of money and 
proceeds from the sales of other property received as gifts, bequests, 
or devises shall be deposited in the Treasury and shall be available 
for disbursement upon the order of the Commission.
    (g) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (h) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.
    (i) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence relating to any matter under 
        investigation by the Commission. The attendance of witnesses 
        and the production of evidence may be required from any place 
        within the United States at any designated place of hearing 
        within the United States.
            (2) Issuance of subpoenas.--
                    (A) In general.--A subpoena may be issued under 
                this subsection only--
                            (i) by the agreement of the chair and vice 
                        chair; or
                            (ii) by the affirmative vote of 4 members 
                        of the Commission.
                    (B) Signature and service.--Subject to subparagraph 
                (A), a subpoena issued under this subsection may be 
                issued under the signature of the chair or any member 
                designated by a majority vote of the Commission and may 
                be served by any person designated by the chair or by 
                any person designated by a member designated by a 
                majority vote of the Commission.
            (3) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued under paragraph (1), the Commission may 
        apply to a United States district court for an order requiring 
        that person to appear before the Commission to give testimony, 
        produce evidence, or both, relating to the matter under 
        investigation. The application may be made within the judicial 
        district where the hearing is conducted or where that person is 
        found, resides, or transacts business. Any failure to obey the 
        order of the court may by punished by the court as civil 
        contempt.
    (j) Contract Authority.--To the extent or in the amounts provided 
in advance in appropriation Acts, the Commission may contract with and 
compensate government and private agencies or persons for services if 
entering into such contracts would enable the Commission to discharge 
its duties.

SEC. 7. REPORTS.

    (a) Interim Reports.--The Commission may submit to Congress, the 
Committees on Armed Services and Veterans' Affairs of the Senate and 
House of Representatives, the Congressional intelligence committees, 
and the President, interim reports containing such findings, 
conclusions, and recommendations for corrective measures as have been 
agreed to by a majority of Commission members.
    (b) Final Report.--The Commission shall transmit a final report to 
Congress, the Committees on Armed Services and Veterans' Affairs of the 
Senate and House of Representatives, the Congressional intelligence 
committees, and the President, not later than 36 months from the date 
of the initial meeting of the Commission. The final report shall 
contain a detailed statement of the findings and conclusions of the 
Commission, together with its recommendations for any actions the 
Commission considers appropriate.
    (c) Form of Report.--Each report submitted under this section shall 
be unclassified but may contain a classified annex.
    (d) Recommendation to Make Public Certain Classified Information.--
            (1) In general.--If the Commission determines that it is in 
        the public interest that some or all of the information 
        contained in a classified annex of a report under this section 
        be made available to the public, the Commission shall make a 
        recommendation to the Congressional intelligence committees to 
        make such information public, and the Congressional 
        intelligence committees shall consider the recommendation 
        pursuant to the procedures under paragraph (2).
            (2) Procedure for declassifying information.--The 
        procedures referred to in paragraph (1) are the procedures 
        described--
                    (A) with respect to the Permanent Select Committee 
                on Intelligence of the House of Representatives, in 
                clause 11(g) of Rule x of the Rules of the House of 
                Representatives, One Hundred Eighth Congress; and
                    (B) with respect to the Select Committee on 
                Intelligence of the Senate, in section 8 of Senate 
                Resolution 400, Ninety-Fourth Congress.
    (e) Congressional Intelligence Committees.--In this subsection, the 
term ``Congressional intelligence committees'' means--
            (1) the Permanent Select Committee on Intelligence of the 
        House of Representatives; and
            (2) the Select Committee on Intelligence of the Senate.

SEC. 8. TERMINATION.

    (a) In General.--The Commission shall terminate upon the expiration 
of the 60-day period which begins on the date the Commission submits 
its final report under section 7(b).
    (b) Administrative Activities.--The Commission may use the 60-day 
period described in subsection (a) to conclude its activities, which 
may include providing testimony to committees of Congress concerning 
its findings, conclusions, and recommendations.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $5,000,000 to carry out this 
Act, which shall remain available until the termination of the 
Commission.
                                 <all>