Veterans' Right to Know Act - Establishes the Veterans' Right to Know Commission to: (1) investigate chemical or biological warfare tests or projects, especially those carried out between 1954 and 1973, placing particular emphasis on actions or conditions that could have contributed to health risks to any civilian or military personnel who participated in such a test or project or were otherwise potentially exposed to a biological or chemical agent as a result; and (2) report to Congress on its findings and recommendations.
[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>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Military Personnel.
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