[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5954 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5954

    To amend title 38, United States Code, to provide veterans for 
presumptions of service connection for purposes of benefits under laws 
 administered by Secretary of Veterans Affairs for diseases associated 
with service in the Armed Forces and exposure to biological, chemical, 
 or other toxic agents as part of Project 112, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 2008

Mr. Thompson of California (for himself and Mr. Rehberg) introduced the 
   following bill; which was referred to the Committee on Veterans' 
  Affairs, and in addition to the Committee on Armed Services, 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 amend title 38, United States Code, to provide veterans for 
presumptions of service connection for purposes of benefits under laws 
 administered by Secretary of Veterans Affairs for diseases associated 
with service in the Armed Forces and exposure to biological, chemical, 
 or other toxic agents as part of Project 112, 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. PRESUMPTIONS OF SERVICE CONNECTION FOR PURPOSES OF BENEFITS 
              UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS 
              FOR DISEASES ASSOCIATED WITH SERVICE IN THE ARMED FORCES 
              AND EXPOSURE TO BIOLOGICAL, CHEMICAL, OR OTHER TOXIC 
              AGENTS AS PART OF PROJECT 112.

    (a) Presumption of Service Connection.--Subchapter I of chapter 11 
of title 38, United States Code, is amended by adding at the end the 
following new section:
``Sec. 1119. Presumptions of service connection for diseases associated 
              with Project 112
    ``(a) Presumption of Service Connection.--(1) For purposes of 
section 1110 of this title, and subject to section 1113 of this title, 
each disease, if any, described in paragraph (2) shall be considered to 
have been incurred in or aggravated by service referred to in that 
paragraph, notwithstanding that there is no record of evidence of such 
disease during the period of such service.
    ``(2) A disease referred to in paragraph (1) is any diagnosed 
disease that--
            ``(A) the Secretary determines in regulations prescribed 
        under this section to warrant a presumption of service 
        connection by reason of having an increased incidence of 
        exposure to a biological, chemical, or other toxic agent known 
        or presumed to be associated with service in the Armed Forces 
        during which the veteran was subjected, directly or indirectly, 
        to a chemical or biological warfare test or project under 
        Project 112; and
            ``(B) becomes manifest within the period, if any, 
        prescribed in such regulations in a veteran who served on 
        active duty and was subjected, directly or indirectly, to a 
        chemical or biological warfare test or project under Project 
        112 and by reason of such service was exposed to such agent.
    ``(3) For purposes of this subsection, a veteran who served on 
active duty and was subjected, directly or indirectly, to a chemical or 
biological warfare test or project under Project 112 and has a disease 
described in paragraph (2) shall be presumed to have been exposed by 
reason of such service to a biological, chemical, or other toxic agent 
associated with the disease in the regulations prescribed under this 
section unless there is conclusive evidence to establish that the 
veteran was not exposed to the agent by reason of such service.
    ``(b) Determination of Presumption of Service Connection.--(1)(A) 
Whenever the Secretary makes a determination described in subparagraph 
(B), the Secretary shall prescribe regulations providing that a 
presumption of service connection is warranted for the disease covered 
by that determination for purposes of this section.
    ``(B) A determination referred to in subparagraph (A) is a 
determination based on sound medical and scientific evidence that a 
positive association exists between--
            ``(i) the exposure of humans or animals to a biological, 
        chemical, or other toxic agent known or presumed to be 
        associated with service in the Armed Forces during which the 
        veteran was subjected, directly or indirectly, to a chemical or 
        biological warfare test or project under Project 112; and
            ``(ii) the occurrence of a diagnosed disease in humans or 
        animals.
    ``(2)(A) In making determinations for purposes of paragraph (1), 
the Secretary shall take into account all sound medical and scientific 
information and analyses available to the Secretary.
    ``(B) In evaluating any report, information, or analysis for 
purposes of making such determinations, the Secretary shall take into 
consideration whether the results are statistically significant, are 
capable of replication, and withstand peer review.
    ``(3) An association between the occurrence of a disease in humans 
or animals and exposure to a biological, chemical, or other toxic agent 
shall be considered to be positive for purposes of this subsection if 
the credible evidence for the association is equal to or outweighs the 
credible evidence against the association.
    ``(c) Removal of Presumption.--Whenever the presumption of service 
connection for a disease under this section is removed under subsection 
(b)--
            ``(1) a veteran who was awarded compensation for the 
        disease on the basis of the presumption before the effective 
        date of the removal of the presumption shall continue to be 
        entitled to receive compensation on that basis; and
            ``(2) a survivor of a veteran who was awarded dependency 
        and indemnity compensation for the death of a veteran resulting 
        from the disease on the basis of the presumption before that 
        date shall continue to be entitled to receive dependency and 
        indemnity compensation on that basis.
    ``(d) Project 112 Defined.--In this section, the term `Project 112' 
means the chemical and biological weapons program conducted by the 
Department of Defense or any other Federal agency or federally funded 
entity through the Deseret Test Center and other similar facilities 
from approximately 1963 to 1973, including the Shipboard Hazard and 
Defense Project (Project SHAD).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end of the items relating to 
subchapter I the following new item:

``1119. Presumptions of service connection for illnesses associated 
                            with service in support of chemical or 
                            biological warfare tests or projects.''.

SEC. 2. REGULATIONS, PERSONNEL RECORDS, AND REPORT CONCERNING PROJECT 
              112.

    (a) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Veterans Affairs shall 
prescribe regulations to notify all veterans potentially exposed to any 
biological or chemical agent, simulant, tracer, or decontaminant during 
Project 112 of such potential exposure.
    (b) Personnel Records.--Not later than 30 days after the date of 
enactment of this Act, the Secretary of Defense shall transmit to the 
Secretary of Veterans Affairs all records of active duty personnel and 
reservists potentially, directly or indirectly, exposed to any 
biological or chemical agent, simulant, tracer, or decontaminant.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Defense, in consultation with the Secretary 
of Veterans Affairs, shall submit to Congress a report concerning 
Project 112. The report shall--
            (1) document the costs, benefits, and challenges associated 
        with continuing the search for additional Project 112 
        participants;
            (2) provide a full accounting of all information known 
        concerning Project 112 participants; and
            (3) address other concerns regarding Project 112 held by 
        the Department of Veterans Affairs, veterans, or veterans 
        service organizations.
    (d) Project 112 Defined.--In this section, the term ``Project 112'' 
means the chemical and biological weapons program conducted by the 
Department of Defense or any other Federal agency or federally funded 
entity through the Deseret Test Center and other similar facilities 
from approximately 1963 to 1973, including the Shipboard Hazard and 
Defense Project (Project SHAD).
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