118 S5324 IS: Obligations to Aberdeen’s Trusted Heroes Act of 2024
U.S. Senate
2024-11-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
2d Session
S. 5324
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.
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”.
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.
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.”.
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.
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.