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:

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.

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