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Depleted Uranium State Legislative Initiative

NEW YORK

Contact Information: Joan Walker – joanwalker@gmail.com

Thefollowing documents are currently on file on the IDUST website.

To view a document, click on the link associated with that document.

1. Tips for Lobbyists meeting with Legislators.

2. Final New York Bill passed into Law November 10, 2006.

3. News article following passage of DU bill.

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Document Page for IDUST, www.idust.net/States/CA-Initiative.htm

Last Revised: 2/13/2007

Copyright 2003 by Dan Bishop, All Rights Reserved

Address email to: info@idust.net

TIPS FOR ‘LOBBYISTS’ for Rep Dinowitz’ N.Y. State DU/Testing/ Task Force Bill A9116

**---This is only for people who have asked me to make an appointment or expressed a wish to “lobby.”

If you are not up for that, you might just drop off an informational packet addressed to your or another Assemblymember to his or her offices to get a feel for the place.

Preparation (if you wish) :

Read Bill Summary, and perhaps Connecticut quotes including those of veteran Melissa Sterry, DU facts, Herbert Reed letter included in packet.

Find three reasons you personally think the Bill is important, should be passed.

Premises that underlie our lobby efforts:

This is a Veterans’ Health issue.

1) N.Y. National Guard Soldiers returning from this war and the first Gulf War are ill with mysterious illnesses and often lack adequate diagnoses and thus adequate treatment.

2) This bill does not claim that DU is causing the soldiers’ illnesses.

3) But this bill puts us on the path to find out what is wrong with them and thus addresses correct diagnosis, precautions for exposure, follow up (through Registry).

4) The contract the soldier signs when he or she enters the service includes a promise of medical care after that service from causes sustained during that service. Not happening.

5) We who have some knowledge and/or experience with depleted uranium and other toxins will be Educators as lobbyists. Make no assumptions about the Legislators’ knowledge of the issue. Many Members and staff people we approach will not be aware of the implications of depleted uranium or even its widespread use by the U.S. Military today, let alone the details of the Dinowitz Bill!

How we present ourselves:

We will be talking with Democratic Assembly members for the most part who will be supportive. We are there to bring it to their attention. We need not be aggressive in our approach.

We should mention the group we are a member of if that applies.

Lobbying is most effective when done by an individual representing many voters. However, it is also important to speak from your heart as a concerned human being, a concerned New Yorker, a member of the family that is our community. In that way you actually represent much more than just a political action group.

For example, you might speak as:

A Vet who sees others in the state (younger, perhaps) who are ill.

A mother, wife, friend of ill soldiers.

For example, I, Joan, speak as a high school teacher and mother who knows of and cares about ill ex-students and friends of my sons who served in Iraq, or Afghanistan.

In other words, a role that is YOU at heart, that truly explains your being there.

And of course, as a constituent, a voter who is exercising your democractic right.

After all, the person you are talking to works for YOU.

Strategy when speaking with a legislator or staff member:

1) Be brief. You will have 10 minutes or so.

2) If he/she is YOUR Assembly member, say that and give your town/neighborhood.

3) Mention that you are there in support of the Bill because you are concerned about Veterans Health. Identify the Bill by its originator, Rep Dinowitz, its number A9116, and brief description. Bill gives N. Y. N. G. soldier assistance in getting accurate test and sets up Task Force to study necessary precautions, procedures, treatment re: exposure to DU and other Toxins.

4) If your Assembly member is one of the co-sponsors (we will tell you), thank them for being so smart, far seeing, compassionate, etc. etc. Remember, he or she may have been signed on by a staff member and may not know much about the Bill!

5) List reasons clearly and briefly, 1,2 3, why you think the Bill is important.

6) Ask for support. Leave a packet for his/her further reading.

Possible questions and possible answers:

1)“Isn’t this a Federal Responsibility?”

“We wish they were fulfilling their responsibility. This bill adds the concerned authority of the State (after all the National Guard is a state militia) to encourage them to fulfill their responsibility.”

2) “How much is this going to cost N.Y. taxpayers?”

“ In fact, the Bill does not include appropriations for testing ill soldiers. It merely adds the power of the state to a logical demand for adequate testing and it mandates a task force of volunteer professionals to study how our National Guard is or should receive precautions, protection, and adequate treatment for hazardous materials. Actually it will help save NY money because now Vets are not receiving adequate compensation and end up needing state services such as Medicaid."

3) “Is not this a Military issue rather than a civilian one?”

“The U.S. Army’s own regulations—R700-48, Sept, 2002, on DU are not being followed in Iraq and Afghanistan today.

R700-48 mandates 1) securing and labeling all radiological contamination

2) Radioactive material not left or buried or burned locally.

The DOD also mandates that the Commander of the U.S. Army will “provide general awareness (of radioactive materials) to all soldiers who are currently entering or in the U.S. Army.” And provide prompt and effective medical care of all exposed individuals

Appeal to local loyalties:

The National Guard is the state’s militia. Most Guardsmen and women enlisted to protect their community. These soldiers went to war when they were called. We are family, and they have served the family. Now they have returned ill from that service. It is our turn as New Yorkers to help them.

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Final Bill sent to the Governor and signed into law November 10, 2006

S T A T E O F N E W Y O R K

________________________________________________________________________

  LAWS OF NEW YORK, 2006

CHAPTER 743:
 

 AN ACT to amend the executive law, in relation to assisting members and

 veterans in obtaining treatment services for exposure to toxic materi-

 als or harmful physical agents such as depleted uranium; to amend the

 public health law, in relation to providing information on harmful

 physical agents to veterans; and to establish a task force to study

 the effects of health problems due to military service such as the

 exposure to depleted uranium

 

 Became a law November 10, 2006, with the approval of the Governor.

 Passed by a majority vote, three-fifths being present.

 

 The People of the State of New York, represented in Senate and Assem-

 bly, do enact as follows:

 

 Section 1. Legislative intent. The legislature finds that pre-deploy-

 ment health assessments and post-deployment assessments and reassess-

 ments for evaluating Gulf War Veterans are required under Section 1074f

 of title 10, United States Code.

 The legislature finds that Veterans Health Administration (VHA) Hand-

 book outlines the policy and procedures evaluating Gulf War veterans,

 including those who served in Operation Iraqi Freedom, with possible

 exposure to depleted uranium. Army Regulation 700-48 prescribes policy

 and procedures for the management of equipment contaminated with

 depleted uranium or radioactive commodities. The regulation applies to

 the department of the army, U.S. Army Reserve and Army National Guard.

 The legislature finds that many veterans who have served in the

 Persian Gulf area since the 1990s have been experiencing health prob-

 lems.

 The legislature hereby declares that an examination of the medical

 issues and exposure of troops to toxic materials or harmful physical

 agents such as depleted uranium should be explored.

 The legislature also declares that assisting troops who are members of

 the New York Army National Guard and New York Air National Guard who

 have been federalized and sent to combat theater areas or combat zones

 and have returned home to New York state is warranted.

 § 2. The executive law is amended by adding a new section 366 to read

 as follows:

 § 366. Veterans health screening. 1. As used in this section: a.

 "Eligible member" means a member of the New York army national guard or

 the New York air national guard who served in the Persian Gulf War, as

 defined in 38 USC 101, or in an area designated as a combat zone by the

 president of the United States during Operation Enduring Freedom or

 Operation Iraqi Freedom;

 b. "Veteran" means a person, male or female, resident of this state,

 who has served in the active military, naval or air service of the

 United States during a time of war in which the United States engaged

 and who has been released from such service otherwise than by dishonor-

 able discharge, or who has been furloughed to the reserve;

 

 EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law

 to be omitted.

CHAP. 743 2

c. "Military physician" includes a physician who is under contract
with the United States department of defense to provide physician
services to members of the armed forces; and
d. "Depleted uranium" means uranium containing less uranium-235 than
the naturally occurring distribution of uranium isotopes.
2. On and after February first, two thousand seven, the adjutant
general and the state director shall assist any eligible member or
veteran who has been experiencing health problems. Such problems may
include exposure to toxic materials or harmful physical agents such as
depleted uranium. An eligible member or veteran who has been assigned a
risk level I, II or III for depleted uranium exposure by his or her
branch of service, is referred by a military physician, or has reason to
believe that he or she was exposed to toxic materials or harmful phys-
ical agents such as depleted uranium during such service, in obtaining
federal treatment services. Such treatment shall include, but not be
limited to, a best practice health screening test for exposure to
depleted uranium using a bioassay procedure involving sensitive methods
capable of detecting depleted uranium at low levels and the use of
equipment with the capacity to discriminate between different radioiso-
topes in naturally occurring levels of uranium and the characteristic
ratio and marker for depleted uranium. As more scientific reliable
tests become available such test shall be included in the treatment
protocol. No state funds shall be used to pay for such tests or such
other federal treatment services.
3. On or before February first, two thousand seven, the adjutant
general shall submit a report to the chair of the senate veterans, home-
land security and military affairs committee and the chair of the assem-
bly veterans' affairs committee on the scope and adequacy of training
received by members of the New York army national guard and the New York
air national guard on detecting whether their service as eligible
members is likely to entail, or to have entailed, exposure to toxic
materials or harmful physical agents such as depleted uranium. The
report shall include an assessment of the feasibility and cost of adding
predeployment training concerning potential exposure to depleted uranium
and other toxic chemical substances and the precautions recommended
under combat and noncombat conditions while in a combat theater or
combat zone of operations.
§ 3. Section 3803 of the public health law, as added by chapter 106 of
the laws of 2003, is amended to read as follows:
§ 3803. Veterans health care information program. 1. There is hereby
created within the department the veterans health care information
program (referred to in this section as the "program"), which shall
provide information on health issues associated with military duty,
including but not limited to Agent Orange, Gulf War [Syndrome]
Syndromes, toxic materials or harmful physical agents such as, depleted
uranium, and hepatitis C, for veterans, their surviving spouses and
health care providers.
2. The program shall include but not be limited to the following
elements:
(a) public service announcements; [and]
(b) establishment of a toll-free telephone hotline to provide informa-
tion regarding health care providers and treatment centers with exper-
tise in illnesses associated with military duty; and
(c) establish a veterans health information clearing house on-line.
3. In exercising any of his or her powers under this section, the
commissioner shall consult with appropriate health care professionals,

3 CHAP. 743

providers, veterans or organizations representing them, the division of
veterans' affairs [and], the federal department of veterans' affairs and
the United States defense department.
4. The commissioner may make rules and regulations necessary and
appropriate for the implementation of this section.
§ 4. (a) There is hereby established a task force on health problems
due to military service to study the health effects of exposure to toxic
materials or harmful physical agents such as depleted uranium, as they
relate to military service. The task force shall, within available
appropriations and with the approval of the temporary president of the
senate and the speaker of the assembly, and subject to the provisions of
this section:
(1) commission a study to consider the health of service members who
have been exposed to toxic materials or harmful physical agents, such as
depleted uranium since August 2, 1990, and conduct a scientific confer-
ence on such health effects;
(2) develop in conjunction with the department of health, state direc-
tor of veterans' affairs and the adjutant general a health registry for
veterans and military personnel returning from Afghanistan, Iraq and
other countries in which exposure to toxic materials or harmful physical
agents such as depleted uranium may be found;
(3) develop a plan for outreach to and follow-up of military personnel
and veterans in consultation with the division of veterans' affairs and
the adjutant general;
(4) prepare a report for service members and veterans concerning
potential exposure to toxic materials or harmful physical agents such as
depleted uranium and the precautions recommended under combat and non-
combat conditions while in a combat theater or combat zone; and
(5) make any other recommendations the task force considers appropri-
ate.
(b) The task force shall consist of eleven members to be appointed as
follows: five members to be appointed by the governor, two members to be
appointed by the temporary president of the senate, one member to be
appointed by the minority leader of the senate, two members to be
appointed by the speaker of the assembly and one member to be appointed
by the minority leader of the assembly. Of such appointments:
(1) two members who are veterans with knowledge of or experience with
exposure to toxic materials or harmful physical agents such as depleted
uranium appointed, one each, by the temporary president of the senate
and the speaker of the assembly; and
(2) four members who are physicians or scientists with knowledge of or
experience in the detection or health effects to exposure to toxic mate-
rials or harmful physical agents such as depleted uranium appointed, one
each, by the temporary president of the senate, the speaker of the
assembly, the minority leader of the senate and the minority leader of
the assembly;
(3) in addition to the foregoing appointed members, the following
state officers, or their designees, shall serve as ex-officio members of
the task force:
(i) the state director of veterans' affairs;
(ii) the commissioner of the department of health; and
(iii) the adjutant general.
(c) The person retained to conduct the study under subdivision (a) of
this section shall, prior to being retained, disclose to the appointing
authority any research done by such person (1) on any matters related to
exposure to toxic materials or harmful physical agents such as depleted

CHAP. 743 4

uranium, or (2) that was funded by an entity that is engaged in manufac-
turing processes that use toxic materials or harmful physical agents
such as depleted uranium.
(d) All appointments to the task force shall be made no later than
thirty days after the effective date of this act. Any vacancy shall be
filled by the appointing authority.
(e) No appointed member shall be a member of the executive, legisla-
tive, or judicial branch of the state government at the time of his or
her appointment.
(f) The temporary president of the senate and the speaker of the
assembly shall appoint chairpersons of the task force among the members
appointed under subdivision (b) of this section. The chairpersons shall
schedule the first meeting of the task force, which shall be held no
later than sixty days after the effective date of this act.
(g) The members of the task force shall receive no compensation for
their service, but members who are not state officials shall be reim-
bursed for their actual and necessary expenses, including travel
expenses, incurred in the performance of their duties. State officials
and employees shall be entitled to such reimbursement for actual and
necessary expenses incurred in the performance of their duties as task
force members as otherwise provided by law or rules and regulations.
(h) The task force shall issue and submit a report on its findings and
recommendations to the chair of the senate veterans, homeland security
and military affairs committee and the chair of the assembly veterans'
affairs committee. Such report shall be transmitted to the governor,
temporary president of the senate and the speaker of the assembly. The
report shall be filed no later than thirty days after the completion of
the responsibilities set forth by subdivision a of this section.
§ 5. This act shall take effect immediately, provided, however, that
the task force established pursuant to section four of this act shall
expire and be terminated on the first day next succeeding the date of
the submission of its report as provided in section four of this act
and; provided further, however, that the chairpersons of the task force
shall notify the legislative bill drafting commission upon the
submission of its report as provided for in section four of this act in
order that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New York in
furtherance of effecting the provisions of section 44 of the legislative
law and section 70-b of the public officers law.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly

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Four Months After Veterans Marched in Support of the NY National

Guard Testing/Task Force Bill, It Is On Its Way to the Governor

Veterans from every corner of New York who served in every war since 1943, including WWII, marched in Albany in February in support of the rights of the newest U.S. veterans, those returning from Iraq. The March followed the press conference announcing the introduction of the NY National Guard DU Testing and Task Force Bill (A09116) by its Sponsor, Assemblyman Jeffrey Dinowitz (D-Bronx). This Bill mandates the NY Adjutant General to assist Gulf War and Operation Iraqi Freedom soldiers in getting the most sensitive test available to detect exposure to depleted uranium, U238, and other isotopes. It also establishes a Task Force which will investigate, assess and follow-up on the proper precautions and treatment for our NY National Guard soldiers in modern combat zones with hazardous chemicals “including, but not limited to, depleted uranium.”

The March was short in length but long in symbolism as the veterans and their families from Buffalo, Rochester, Potsdam, Albany, the Hudson Valley, Long Island and every borough of NY City walked to the Vietnam Memorial on Empire Plaza. Many of the ex-soldiers had fought in that war and remember well the struggles to receive their right to compensation for Agent Orange illnesses and subsequent birth defect in soldiers’ children and grandchildren. “ Every war has its signature illness,” said veteran Melissa Sterry, who has been seriously ill for 15 years since sweeping out vehicles damaged by depleted uranium munitions during the First Gulf War. “Usually they are related to the newest military technology of the era.”

The United States has used depleted uranium munitions since 1990 in Iraq, the Balkans,

Vieques and Afghanistan in kinetic penetrating “darts,’ bombs and vehicle armor. Almost twice as dense as lead, U238 or “depleted” but still radioactive uranium, burns on impact at up to 5,000 degrees centigrade and penetrates metals and armor. It provides the “dominant lethality overload” valuable to the Pentagon in today’s smart warfare.

Its combustion produces an aerosol of sub-micron sized particles of uranium oxides which have a radioactive half life of 4 billion years, according to Dr. Rosalie Bertel, distinguished U. S. epidemiologist and President of the International Institute of Concern For Public Health. These particles are the size of viruses, small enough to be inhaled and ingested by animals and humans, even those wearing gas masks. Army Regulations 700-48 mandating soldier education and environmental clean up of radioactive DU munitions

are not followed in Iraq today.

The NY Bill directs its Task Force to establish a state based Registry to track NY National Guard Soldiers’ health beyond the post-deployment exam. This need became evident in the testimony of the three representatives the DOD, WalterReed and the CDC sent to an April 27 Roundtable Discussion in NYC on the need for state attention to this problem hosted by the Chairman of the NY Assembly Veterans Committee, Assemblyman Felix Ortiz. Colonel Mark Melanson of Walter Reed defended the DU exposure test given to a small percentage of Gulf war I and II soldiers by the DOD.

However, Dr. Thomas Fasy testified that the MC-ICP-MS urine test for uranium that NYA9116, S6964 could make available to returning veterans is at least 5,000 times more sensitive than the DOD test. “The difference here is not apples versus oranges. It is more like raisins versus watermelons.” The V.A. test did not pick up the level of contamination by soldiers like Roundtable participant Retired Staff Sergeant Herbert Reed of the US Army 442nd, whose subsequent testing was performed by sensitive equipment at Goethe University in Frankfurt, Germany. The MC-ICP-MS test is described in detail in a paper by Parrish et al. in the Feb 2006 issue of the journal HEALTH PHYSICS (abstract is at http://www.health-physics.com ). The British Ministry of Defence pays Dr. Parrish's lab to use this test to measure uranium isotopes in the urine of British soldiers and veterans.

“Through the years the Veterans Administration has needed a reminder to catch up to the realities of veterans’ illnesses,” says retired Kindergarten teacher Joan Walker of NO DU Coalition of the Hudson Valley, “New York must nudge our federal government to clean up after itself.” Her Ulster County, NY Assemblyman, Kevin Cahill is a co-sponsor of the Bill, and the Ulster County Legislature unanimously passed a resolution supporting State Bill A9116. “We must find a State Senator who cares as much about Veterans Health.” said Joan Keefe WWII U.S. Army Veteran from Saugerties, NY. Since she spoke, State Senator Thomas P. Morahan introduced the same bill (S6964) in that House.

The representatives whose districts have had a National Guard Unit deployed to war in

Iraq or Afghanistan know the vets problems well, as do the County Veterans Service Agency Directors whose job is to counsel recently returned soldiers. Assemblyman John LaVelle, a strong supporter and co-sponsor of the Dinowitz Bill, has seen one National Guard Unit recently return to his Staten Island district, and another about to be deployed from the Manor Road Armory there.

On May 16^th, Senator Balboni, Chairman of the State Senate Veterans Affairs Committee

‘reported out’ Senator Morahans bill S6964 from that committee. He noted the support that the American Legion and the NY AFL-CI0 have given to the bill. In their letters of support, both groups mentioned the need to prevent another Agent Orange---30 years of denial and suffering. The bill was passed unanimously in June by both the Assembly and the Senate. Now it is headed for Governor Pataki’s desk. Please write or e-mail him a short note to ask him to sign it.

Governor George E Pataki

State Capitol

Albany, New York 12224

e-mail <161.11.3.75>

Joan Walker

NO DU Coalition of the Hudson Valley

New Yorkers in Support of The NY National Guard Testing, Task Force Bills

joanwalker@gmail.com

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