[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5324 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5324
To amend title 38, United States Code, to ensure veterans of secrecy
oath programs receive the full benefits they have earned, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 14, 2024
Mr. Blumenthal introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to ensure veterans of secrecy
oath programs receive the full benefits they have earned, 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. SHORT TITLE.
This Act may be cited as the ``Obligations to Aberdeen's Trusted
Heroes Act of 2024'' or the ``OATH Act of 2024''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) From 1948 to 1975, more than 7,000 United States Army
personnel participated in a program under which they were
subjected to secret chemical warfare testing at Edgewood
Arsenal at Aberdeen Proving Ground, an Army base in Maryland.
(2) Government-employed scientists, including former Nazi
Germany scientists, tested mustard agents, psychedelics, nerve
agents, and other dangerous chemicals on the Army members.
(3) When the members of the Army entered the program at
Edgewood, they were sworn to secrecy--a violation of their oath
came with the threat of court-martial or criminal prosecution.
(4) Upon leaving service in the Army, veterans of the
program could not seek benefits provided by the Department of
Veterans Affairs for disabilities relating to the program
without violating their secrecy oaths.
(5) In 2006, the Department of Defense released the
veterans of the program from their secrecy oaths, allowing them
to apply for veterans' benefits.
(6) Because the statute governing veterans' benefits
requires veterans to apply within one year of discharge to
receive retroactive benefits, veterans of the program could
only receive benefits beginning from the date of their
disability application.
(7) By complying with their secrecy oaths, the veterans of
the program lost the ability to receive the full veterans'
benefits they earned.
(8) Veterans of other secrecy oath programs may face the
same hurdles to obtaining benefits.
(9) While some veterans of secrecy oath programs received
limited relief in the courts, there is uncertainty about the
scope of benefits available to those veterans.
(10) Congress has the power and obligation to ensure that
heroes of the United States are not punished for upholding
their secrecy oaths.
SEC. 3. DEFINITION OF SECRECY OATH PROGRAM.
Section 5100 of title 38, United States Code, is amended by adding
at the end the following new paragraph:
``(3) The term `secrecy oath program' means a United States
Government program in which participants are required to sign a
non-disclosure agreement preventing the disclosure of any
information regarding the program under penalty of court-
martial or criminal punishment.''.
SEC. 4. NOTICE TO VETERANS OF SECRECY OATH PROGRAMS REGARDING BENEFITS.
(a) Notice Required.--
(1) In general.--Section 6303 of title 38, United States
Code, is amended--
(A) by redesignating subsections (c), (d), and (e)
as subsections (d), (e), and (f), respectively; and
(B) by inserting after subsection (b) the following
new subsection (c):
``(c) Notice to Veterans of Secrecy Oath Programs.--(1) Not later
than 90 days after the date on which participants in a secrecy oath
program are released from the oath taken under such program, the
Secretary shall--
``(A) identify the veterans who participated in the
program;
``(B) notify each such veteran of all benefits and services
under laws administered by the Department for which the veteran
may be eligible; and
``(C) distribute the information described in subsection
(d)(1) as required by such subsection.
``(2) If the Secretary identifies any veterans who are entitled to
notice under paragraph (1) and did not receive such notice, the
Secretary shall, not later than 90 days after the date of any such
identification--
``(A) notify each such veteran of all benefits and services
under laws administered by the Department for which the veteran
may be eligible; and
``(B) distribute the information described in subsection
(d)(1) as required by such subsection.
``(3) In this subsection, the term `secrecy oath program' has the
meaing given that term in section 5100 of this title.''.
(2) Conforming amendments.--Section 6303 of such title is
further amended--
(A) in subsection (a), by striking ``through (d)''
and inserting ``through (e)''; and
(B) in subsection (e), as redesignated by
subsection (a)(1)(A), by striking ``subsections (b) and
(c)'' and inserting ``subsections (b), (c), and (d)''.
(b) Edgewood Arsenal Program.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall--
(1) identify the veterans who participated in the secrecy
oath program at Edgewood Arsenal at Aberdeen Proving Ground,
Maryland, at any time during the period beginning on January 1,
1948, and ending on December 31, 1975;
(2) notify each such veteran of all benefits and services
under laws administered by the Department of Veterans Affairs
for which the veteran may be eligible; and
(3) distribute the information described in section
6303(d)(1) of title 38, United States Code, as amended by
subsection (a), as required by such section.
SEC. 5. EFFECTIVE DATES OF AWARDS OF DISABILITY COMPENSATION FOR
PARTICIPANTS IN SECRECY OATH PROGRAMS.
(a) In General.--Section 5110(b) of title 38, United States Code,
is amended by adding at the end the following new paragraph:
``(5)(A) Except as provided in subparagraph (B), the effective date
of an award of disability compensation to a veteran who participated in
a secrecy oath program shall be the day following the date of the
veteran's discharge or release if--
``(i) application therefor is received on or before the
date that is one year after the date on which notice is sent to
the veteran pursuant to--
``(I) section 6303(c) of this title; or
``(II) section 4(b)(2) of the Obligations to
Aberdeen's Trusted Heroes Act of 2024; and
``(ii) the disability for which compensation is sought was
incurred or aggravated in line of duty in the active military,
naval, air, or space service while participating in such
secrecy oath program.
``(B)(i) The effective date of an award of disability compensation
to a veteran described in clause (ii) shall be the day of receipt of
the application therefor.
``(ii) A veteran described in this clause is a veteran who--
``(I) participated in the secrecy oath program at Edgewood
Arsenal at Aberdeen Proving Ground, Maryland, at any time
during the period beginning on January 1, 1948, and ending on
December 31, 1975; and
``(II) submits to the Secretary an application for
disability compensation for a disability that was incurred or
aggravated in line of duty in the active military, naval, air,
or space service while participating in such secrecy oath
program after the date that is one year after the date on which
notice is sent to the veteran pursuant to section 4(b)(2) of
the Obligations to Aberdeen's Trusted Heroes Act of 2024.''.
(b) Effective Date and Applicability.--
(1) In general.--Paragraph (5) of section 5110(b) of such
title, as added by subsection (a), shall take effect on the
date of the enactment of this Act and shall apply to claims for
disability compensation received on, before, or after the date
of the enactment of this Act.
(2) Modification of prior awards.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall review all awards made by the Department
of Veterans Affairs on or before the date of the enactment of
this Act of compensation under chapter 11 of such title to
veterans for a disability that was incurred or aggravated in
line of duty in the active military, naval, air, or space
service while participating in a secrecy oath program (as
defined in section 5100 of such title) and adjust such awards
of compensation such that the claim for such compensation is
treated as if--
(A) paragraph (5)(A) of section 5110(b) of such
title, as added by subsection (a), were in effect on
the date of the filing of the claim for the
compensation; and
(B) application for such compensation was received
in compliance with clause (i) of such paragraph.
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