I 
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 con-
cerned 
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 Vet-
erans 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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. PRESUMPTIONS OF SERVICE CONNECTION FOR 
PURPOSES OF BENEFITS UNDER LAWS AD-
MINISTERED BY SECRETARY OF VETERANS 
AFFAIRS FOR DISEASES ASSOCIATED WITH 
SERVICE IN THE ARMED FORCES AND EXPO-
SURE TO BIOLOGICAL, CHEMICAL, OR OTHER 
TOXIC AGENTS AS PART OF PROJECT 112. 
(a) PRESUMPTION OF SERVICE CONNECTION.—Sub-
chapter 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 dis-
eases 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 presump-
tion of service connection by reason of having an in-
creased incidence of exposure to a biological, chem-
ical, or other toxic agent known or presumed to be 
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associated with service in the Armed Forces during 
which the veteran was subjected, directly or indi-
rectly, 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 indi-
rectly, to a chemical or biological warfare test or project 
under Project 112 and has a disease described in para-
graph (2) shall be presumed to have been exposed by rea-
son of such service to a biological, chemical, or other toxic 
agent associated with the disease in the regulations pre-
scribed under this section unless there is conclusive evi-
dence 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 Sec-
retary shall prescribe regulations providing that a pre-
sumption of service connection is warranted for the dis-
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ease 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 sci-
entific evidence that a positive association exists be-
tween— 
‘‘(i) the exposure of humans or animals to a bi-
ological, chemical, or other toxic agent known or 
presumed to be associated with service in the Armed 
Forces during which the veteran was subjected, di-
rectly or indirectly, to a chemical or biological war-
fare 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 anal-
ysis for purposes of making such determinations, the Sec-
retary 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 dis-
ease in humans or animals and exposure to a biological, 
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chemical, or other toxic agent shall be considered to be 
positive for purposes of this subsection if the credible evi-
dence for the association is equal to or outweighs the cred-
ible 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 be-
fore the effective date of the removal of the pre-
sumption 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 con-
tinue to be entitled to receive dependency and in-
demnity 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 De-
fense or any other Federal agency or federally funded enti-
ty through the Deseret Test Center and other similar fa-
cilities from approximately 1963 to 1973, including the 
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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 fol-
lowing 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 RE-
PORT CONCERNING PROJECT 112. 
(a) REGULATIONS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of Vet-
erans Affairs shall prescribe regulations to notify all vet-
erans 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 Af-
fairs all records of active duty personnel and reservists po-
tentially, 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 con-
sultation with the Secretary of Veterans Affairs, shall sub-
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mit to Congress a report concerning Project 112. The re-
port 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 De-
fense or any other Federal agency or federally funded enti-
ty through the Deseret Test Center and other similar fa-
cilities from approximately 1963 to 1973, including the 
Shipboard Hazard and Defense Project (Project SHAD). 
Æ 
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