[Congressional Record Volume 149, Number 137 (Wednesday, October 1, 2003)]
[Senate]
[Pages S12282-S12283]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BROWNBACK:
  S. 1694. A bill to amend title 38, United States Code to authorize 
the Secretary of Veterans Affairs to provide veterans who participated 
in certain Department of Defense chemical and biological warfare 
testing to be provided health care for illness without requirement for 
proof of service-connection; to the Committee on Veterans' Affairs.
  Mr. BROWNBACK. Mr. President, I rise today to introduce the Health 
Care for Veterans of Project 112/Project SHAD Act of 2003. This bill 
will authorize health care assistance for veterans who participated in 
specific Department of Defense chemical and biological warfare testing 
without any requirements related to proof of service-connection for 
their illness.
  Project 112 consisted of a series of cold war chemical, nuclear, and 
biological tests conducted both at sea and over land from 1962 to 1973. 
This project was one of 150 military initiatives designed to identify 
U.S. military personnel and warship vulnerabilities to chemical, 
nuclear, and biological attacks. Some of the tests that were part of 
Project 112/Operation Shipboard Hazard and Defense (SHAD) involved the 
use of dangerous agents such as sarin, VX, tularemia, and anthrax. The 
Defense Department has recognized that it does not have adequate 
documentation to prove that test participants were informed of the 
potential risks, or that personnel received adequate protective gear 
during testing.
  After an extensive search for records to identify all tests conducted 
and link the dates of specific tests to the personnel on-board at the 
time, the DOD produced a comprehensive list of all tests conducted and 
each veteran involved in this project. In response to a VA request, DOD 
reviewed and declassified information concerning the exact agents used 
and other details of the Project 112 tests. This information was 
subsequently turned over to the Department of Veterans Affairs, and the 
VA began the process of contacting the veterans identified as 
participants.
  A total of 5,842 persons were identified as having been present in 
one or more of the tests. All veterans who believe they were involved 
in tests and have medical concerns have been encouraged to contact VA 
to receive medical evaluations. Although Project 112 veterans suffer 
from a broad range of ailments from cancer to hypertension, a causal 
link between the tests and their current ailments has not been 
established. Due to the amount of time that has passed and the 
relatively small number of people involved in any specific test, it is 
highly unlikely that we will ever be able to fully determine the health 
effects from the tests.
  It would be unconscionable to require Project 112 veterans to prove a 
connection between their involvement in these tests and their current 
health problems. If we cannot disprove a service connection, then we 
should assume

[[Page S12283]]

responsibility for their health care. This Health Care for Veterans of 
Project 112/Project SHAD Act of 2003 would provide priority access to 
VA hospital care, medical services, and nursing home care for veterans 
identified as participants in these tests, and not require medical 
evidence that any illnesses are attributable to such testing. This is 
an important step in bringing some finality to this issue and living up 
to our commitment to this group of veterans.
  I ask unanimous consent that the text of this legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1694

       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 ``Health Care for Veterans of 
     Project 112/Project SHAD Act of 2003''.

     SEC. 2. PROVISION OF HEALTH CARE TO VETERANS WHO PARTICIPATED 
                   IN CERTAIN DEPARTMENT OF DEFENSE CHEMICAL AND 
                   BIOLOGICAL WARFARE TESTING.

       Section 1710(e) of title 38, United States Code, is 
     amended--
       (1) in paragraph (1), by adding at the end the following 
     new subparagraph:
       ``(E) Subject to paragraphs (2) and (3), a veteran who 
     participated in a test conducted by the Department of Defense 
     Deseret Test Center as part of a program for chemical and 
     biological warfare testing from 1962 through 1973 (including 
     the program designated as `Project Shipboard Hazard and 
     Defense (SHAD)' and related land-based tests) is eligible for 
     hospital care, medical services, and nursing home care under 
     subsection (a)(2)(F) for any illness, notwithstanding that 
     there is insufficient medical evidence to conclude that such 
     illness is attributable to such testing.'';
       (2) in paragraph (2)(B), by striking ``paragraph (1)(C) or 
     (1)(D)'' and inserting ``subparagraph (C), (D), or (E) of 
     paragraph (1)''; and
       (3) in paragraph (3)--
       (A) by striking ``and'' at the end of subparagraph (B);
       (B) by striking the period at the end of subparagraph (C) 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(D) in the case of care for a veteran described in 
     paragraph (1)(E), after December 31, 2005.''.
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