Thank you, Chairman Hall and Ranking Member Lamborn, for holding this hearing.  I introduced H.R. 5954 along with Congressman Denny Rehberg to allow veterans who were unknowingly used as guinea pigs in chemical and biological tests by their own government to seek medical care and compensation for their resulting illnesses.  These tests – known as Project 112, which included Project SHAD, exposed at least 6,000 service members without their knowledge to extremely harmful chemical and biological weapons – and we believe there are many more veterans out there that don’t even know they were exposed.  However, the Department of Veterans Affairs routinely rejects their claims for medical care and compensation.  Our legislation will finally correct this injustice and get these men treatment they earned by honorably serving their country.

I am honored that my constituent and former tug boat commander Jack Alderson is here to testify today and share his first-hand knowledge of Project SHAD with you.  Jack has been a tireless advocate for the veterans who were subjected to these tests and has kept in touch with many of them. 

When I first questioned the Department of Defense (DoD) in late 1999, they told me that Project SHAD did not exist.  Then I was told that the tests existed, but only simulants were used.  Finally, after three years of investigating, the DoD finally revealed that these tests involved live agents, in some cases Vx and Sarin nerve gases and E. Coli, along with a whole host of other substances known to cause extreme illness in humans.  But despite these shocking revelations, the DoD has without reason stopped looking for records of Project 112 service personnel and notifying the veterans subjected to these tests.  The VA still does not recognize any long-term health consequences from exposure to these agents.  As Jack Alderson will testify today, members of his crew and other affected service members have since developed abnormal cancers and acute respiratory issues but are routinely rejected by the VA. 

You will also hear today from Dr. Judith Salerno, Executive Director of the Institute of Medicine.  In 2002, Congress directed and appropriated $3 million for the IOM to conduct a study of the health effects associated with the chemicals used during Project SHAD.  Dr. Salerno will tell you that after five years of research, the IOM found no connection between the substances tested and the health problems of the SHAD veterans.  With all due respect to IOM, I strongly believe their findings to be unsound.  During the briefing on the IOM report, and utilizing the expertise of SHAD veterans Jack Alderson and John Olson, Congressman Rehberg and I identified serious deficiencies in the protocol used by IOM.  For example, the health records of deceased Project SHAD veterans, who may have died as a result of health effects stemming from exposure during Project SHAD, were not examined.  Such an omission could have a large impact on the results of the study.   I hereby enter into the hearing record the letter sent to Dr. Rick Erdtmann of the IOM, which further outlines these issues and requests that the study be reopened.  It is my understanding from the IOM that their review is ongoing and I look forward to hearing their results.  But in the meantime, I want to also enter into the record a bibliography of fact sheet after fact sheet that have been prepared by other agencies and departments within U.S. government that say exposure to these substances do in fact have long-term health consequences. 

It is incumbent upon Congress to ensure that any service member who participated in these tests is provided with treatment if they have health problems associated with these tests.  We can not wait any longer, considering many of these brave men who served their country are now sick or have even passed away.  Project 112 and similar cases of chemical and biological testing on service members is an issue of trust and integrity.  How can we expect the current generation of soldiers to put their lives on the line knowing that harm from the enemy may not be the only danger they encounter?  Jack and other crewmembers are beginning or have already experienced health problems that may be associated with these tests, and every day that we wait, I fear that these brave veterans grow sicker.   Thank you for your time and consideration of this very important bill.  It is imperative for us to right our government’s past wrongs and help these brave veterans who unknowingly participated in these tests.

Congress of the United States
U.S. House of Representatives
Washington, DC.
February 15, 2008

Dr. Rick Erdtmann, Director
Board on Military and Veterans Health
Medical Follow-up Agency
Institute of Medicine of the National Academies
500 Fifth Street, N.W.
Washington, D.C. 20001

RE:      Institute of Medicine (IOM) Study Long-Term Health Effects of Participation in Project SHAD

Dear Dr. Erdtmann:

In November 2007, you and Dr. Bill Page briefed us on the results of the June 2007 IOM study that had been requested by the Congress. The study looked at the long term health effects on veterans exposed during the operation of Project SHAD (Shipboard Hazard and Defense). As you know, the study failed to link Project SHAD to health problems experienced by veterans exposed during the testing project. During our briefing, and utilizing the expertise of SHAD veterans Jack Alderson and John Olson, we identified what we believe to be deficiencies in the protocol and requested that IOM reopen the study. This letter outlines the principal concerns we discussed and represents a formal request to reopen the IOM study.

1. The study acknowledges that "up to five Army light" tug boats participated in "several" Project SHAD tests, but it claims that complete personnel rosters were never found by the Department of Defense (DOD) or by IOM. According to SHAD veterans, the rosters were provided. For instance, a roster of personnel involved in the 1965 Shady Grove test, approximately 106 participants, was provided to IOM and confirmed by DOD. With the rosters identified and made available, we would expect the personnel to be considered in the study.

2. Personnel that were not exposed during Project SHAD were included in the study: a) the USS Granville S Hall (YAG 40), the Desert Test Center Command and Laboratory ship, was not exposed during Project SHAD; b) the USS George Eastman (YAG 39), participated only in some Project SHAD tests and not in others. We believe the inclusion of personnel from these two ships compromises the study results. We request that IOM examine how the inclusion of sterile personnel may have affected the results.

3. The health records of deceased Project SHAD Technical Staff, who may have died as a result of health effects stemming from exposure to Project SHAD, were not examined. We would like you to determine if the cause of death information for those individuals is available and measure what impact that information would have on the results of the study.

4. The study failed to account for the job and duty assignments of various personnel on board the ships, which resulted in different levels of exposure. Consideration should be given to the fact that personnel had different levels of exposure during training and testing to multiple weapons, experimental vaccines, trace elements, simulants, and decontamination agents. These considerations should be factored in to gain the most accurate results.

5. The description of the tests performed does not reflect the way in which the SHAD test was actually conducted. SHAD veterans must be consulted to ensure that any existing misconceptions in the IOM study are rectified.

Finally, the IOM study delineated a number of conclusions that were reached after classified material was reviewed by you and Mr. Don Burke. (See the IOM Study, p.8-9.) SHAD veterans contest some of these conclusions, such as the conclusion regarding animal studies, as well as the one regarding vaccines. We request that these specific concerns be discussed more fully at the working group agreed to at the meeting, which will include representatives from DOD, IOM, selected SHAD veterans, and our staff.

We appreciate the briefing you provided and your willingness to review the items described above. By this letter, we formally request that IOM initiate the necessary steps to reopen the IOM study, and to work with DOD, as well as Project SHAD veterans, to address the above-referenced concerns. If you have additional questions, please contact our staff, Tracy Varghese at (202) 226-7372 or Brent Mead at (202) 225-3211.

Sincerely,

Bibliography of Facts Sheets of Chemical and Biological Agents used in Project SHAD

"Health Effects of Project SHAD Biological Agent: Bacillus Globigii," The National Academies, 2004, Contract No. IOM-2794-04-001.

"Health Effects of Project SHAD Chemical Agent: Betapropiolactone [CAS # 57-57-8]," The National Academies, 2004, Contract No. IOM-2794-04-001.

"Health Effects of Project SHAD Biological Agent Coxiella Bumetii [Q-Fever]," The National Academies, 2004, Contract No. IOM-2794-04-001.

"Calcium Hypochlorite, CAS #7778-54-3; Sodium Hypochlorite, CAS #7681-52-9," Fact Sheet prepared by Agency for Toxic Substances and Disease Registry, U.S. Department of Health and Human Services, Public Health Service, April 2002.

"Calcium Hypochlorite (CaCl202)/Sodium Hypochlorite, (NaOCI), CAS 7778-54­3/7861-52-9; UN 1748/1791," Agency for Toxic Substances and Disease Registry, U.S. Department of Health and Human Services.

"Di(2-ethylhexyl) phthalate (DEHP), CAS # 117-81-7," Fact Sheet prepared by Agency for Toxic Substances and Disease Registry, U.S. Department of Health and Human Services, Public Health Service, September 2002.

"Concise International Chemical Assessment Document 52: Diethyl Phthalate," World Health Organization, Geneva, 2003.

"Chemical Information Profile for Diethyl Phthalate [CAS No. 84-66-2]: Supporting Nomination for Toxicological Evaluation by the National Toxicology Program," National Institute of Environmental Health Sciences, National Institutes of Health, U.S. Department of Health and Human Services, November 2006.

"Diethyl Phthalate, CAS # 84-66-2," Fact Sheet prepared by Agency for Toxic Substances and Disease Registry, U.S. Department of Health and Human Services, Public Health Service, September 1996.

"Bis(2-ethylhexyl) Phosphate, CAS No. 298-07-7, "International Programme on Chemical Safety, October 2001.

"Escherichia coli," Centers for Disease Control, Department of Health and Human Services, March 27,2008.

"Ethylene Oxide, CAS # 75-21-8," Fact Sheet prepared by Agency for Toxic Substances and Disease Registry, U.S. Department of Health and Human Services, Public Health Service, July 1999.

"Formaldehyde, CAS # 50-00-0," Fact Sheet prepared by Agency for Toxic Substances and Disease Registry, U.S. Department of Health and Human Services, Public Health Service, June 1999.

"Health Effects of Project SHAD Chemical Agent: Methyl Acetoacetate, CASD # 105­45-3," The National Academies, Spring 2004, Contract No. IOM-2794-04-001.

"Health Effects of Project SHAD Biological Agent: Pasteurella [Francisella] Tularensis [Tularemia]," The National Academies, Spring 2004, Contract No. IOM-2794-04­001.

"Health Effects of Project SHAD Chemical Agent: Phosphorus-32 [Radiotoxic Effects]," The National Academies, Spring 2004, Contract No. IOM-2794-04-001.

"Q-Fever," Centers for Disease Control, Department of Health and Human Services, February 13, 2003.

"Health Effects of Project SHAD Biological Agent: Serratia Marcescens," The National Academies, 2004, Contract No. IOM-2794-04-001.

"FDA Warns Public of Contaminated Syringes," Press Release, U.S. Food and Drug Administration, January 25, 2008.

"Staphylococcal Food Poisoning," Centers for Disease Control, Department of Health and Human Services, March 29,2006.

"Sulfur Dioxide, CAS # 7446-09-5," Fact Sheet prepared by Agency for Toxic Substances and Disease Registry, U.S. Department of Health and Human Services, Public Health Service, June 1999.

"Tularemia," Centers for Disease Control, Department of Health and Human Services, October 7, 2003.

"Toxicologic Assessment of the Army's Zinc Cadmium Sulfide Dispersion Tests: Free Executive Summary," National Academy of Sciences, 1997.