II 

115TH CONGRESS 

1ST SESSION S. 75 

To provide for the reconsideration of claims for disability compensation for 

veterans who were the subjects of experiments by the Department of 

Defense during World War II that were conducted to assess the effects 

of mustard gas or lewisite on people, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 9, 2017 

Mrs. MCCASKILL (for herself and Mr. BLUNT) introduced the following bill; 

which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To provide for the reconsideration of claims for disability 

compensation for veterans who were the subjects of experiments by the Department of Defense during World 

War II that were conducted to assess the effects of 

mustard gas or lewisite on people, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Arla Harrell Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress makes the following findings: 


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1 (1) During World War II, the Government car2 ried out a program of testing mustard gas and lew3 isite exposure on members of the Armed Forces. 

4 This program was classified and participating mem5 bers were threatened with dishonorable discharges 

6 and imprisonment if they revealed their participa7 tion. 

8 (2) On July 12, 1973, a fire at the National 

9 Personnel Records Center destroyed more than 

10 16,000,000 official military personnel files. The 

11 records affected more than 80 percent of members 

12 and former members of the Army who were dis13 charged between November 1, 1912, and January 1, 

14 1960. As a result, due to no fault of their own, vet15 erans who were subjected to testing under the pro16 gram are unable to rely on a full and complete 

17 record of their service to produce proof that they 

18 were subjected to such testing. 

19 (3) The Armed Forces did not fully acknowl20 edge its role in the program until the last of the ex21 periments was declassified in 1975, 30 years after 

22 testing under the program was completed and 2 

23 years after the fire destroyed military records at the 

24 National Personnel Records Center. 


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1 (4) The oath of secrecy was not effectively lifted 

2 until 1991, 46 years after the testing was completed, 

3 further hampering the ability of veterans to provide 

4 proof that they were subjected to the testing. 

5 (5) The Department of Veterans Affairs is rely6 ing on incomplete information to adjudicate claims, 

7 which often provides conflicting data regarding vet8 erans’ mustard gas or lewisite exposure due to rec9 ordkeeping failures outside of the veterans’ control. 

10 (6) The Department has rejected approximately 

11 90 percent of claims for benefits under laws admin12 istered by the Secretary of Veterans Affairs relating 

13 to mustard gas or lewisite exposure. 

14 (7) Veterans who participated in the mustard 

15 gas or lewisite testing were not afforded the same 

16 opportunity to provide evidence of their exposure for 

17 disability compensation and ought to be afforded 

18 unique consideration. 

19 SEC. 3. RECONSIDERATION OF CLAIMS FOR DISABILITY 

20 COMPENSATION FOR VETERANS WHO WERE 

21 THE SUBJECTS OF MUSTARD GAS OR LEW22 ISITE EXPERIMENTS DURING WORLD WAR II. 

23 (a) RECONSIDERATION OF CLAIMS FOR DISABILITY

24 COMPENSATION IN CONNECTION WITH EXPOSURE TO

25 MUSTARD GAS OR LEWISITE.— 


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1 (1) IN GENERAL.—The Secretary of Veterans 

2 Affairs, in consultation with the Secretary of De3 fense, shall reconsider all claims for compensation 

4 described in paragraph (2) and make a new deter5 mination regarding each such claim. 

6 (2) CLAIMS FOR COMPENSATION DESCRIBED.— 

7 Claims for compensation described in this paragraph 

8 are claims for compensation under chapter 11 of 

9 title 38, United States Code, that the Secretary of 

10 Veterans Affairs determines are in connection with 

11 exposure to mustard gas or lewisite during active 

12 military, naval, or air service during World War II 

13 and that were denied before the date of the enact14 ment of this Act. 

15 (3) PRESUMPTION OF EXPOSURE.—In carrying 

16 out paragraph (1), if the Secretary of Veterans Af17 fairs or the Secretary of Defense makes a deter18 mination regarding whether a veteran experienced 

19 full-body exposure to mustard gas or lewisite, such 

20 Secretary— 

21 (A) shall presume that the veteran experi22 enced full-body exposure to mustard gas or lew23 isite, as the case may be, unless proven other24 wise; and 


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1 (B) may not use information contained in 

2 the DoD and VA Chemical Biological Warfare 

3 Database or any list of known testing sites for 

4 mustard gas or lewisite maintained by the De5 partment of Veterans Affairs or the Depart6 ment of Defense as the sole reason for deter7 mining that the veteran did not experience full8 body exposure to mustard gas or lewisite. 

9 (4) REPORT.—Not later than 90 days after the 

10 date of the enactment of this Act, and not less fre11 quently than once every 90 days thereafter, the Sec12 retary of Veterans Affairs shall submit to the appro13 priate committees of Congress a report specifying 

14 any claims reconsidered under paragraph (1) that 

15 were denied during the 90-day period preceding the 

16 submittal of the report, including the rationale for 

17 each such denial. 

18 (b) DEVELOPMENT OF POLICY.—Not later than one 

19 year after the date of the enactment of this Act, the Sec20 retary of Veterans Affairs and the Secretary of Defense 

21 shall jointly establish a policy for processing future claims 

22 for compensation under chapter 11 of title 38, United 

23 States Code, that the Secretary of Veterans Affairs deter24 mines are in connection with exposure to mustard gas or 


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1 lewisite during active military, naval, or air service during 

2 World War II. 

3 (c) INVESTIGATION AND REPORT BY SECRETARY OF

4 DEFENSE.—Not later than 180 days after the date of the 

5 enactment of this Act, the Secretary of Defense shall— 

6 (1) for purposes of determining whether a site 

7 should be added to the list of the Department of De8 fense of sites where mustard gas or lewisite testing 

9 occurred, investigate and assess sites where— 

10 (A) the Army Corps of Engineers has un11 covered evidence of mustard gas or lewisite test12 ing; or 

13 (B) more than two veterans have sub14 mitted claims for compensation under chapter 

15 11 of title 38, United States Code, in connec16 tion with exposure to mustard gas or lewisite at 

17 such site and such claims were denied; and 

18 (2) submit to the appropriate committees of 

19 Congress a report on experiments conducted by the 

20 Department of Defense during World War II to as21 sess the effects of mustard gas and lewisite on peo22 ple, which shall include— 

23 (A) a list of each location where such an 

24 experiment occurred, including locations inves25 tigated and assessed under paragraph (1); 


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1 (B) the dates of each such experiment; and 

2 (C) the number of members of the Armed 

3 Forces who were exposed to mustard gas or 

4 lewisite in each such experiment. 

5 (d) INVESTIGATION AND REPORT BY SECRETARY OF

6 VETERANS AFFAIRS.—Not later than 180 days after the 

7 date of the enactment of this Act, the Secretary of Vet8 erans Affairs shall— 

9 (1) investigate and assess— 

10 (A) the actions taken by the Secretary to 

11 reach out to individuals who had been exposed 

12 to mustard gas or lewisite in the experiments 

13 described in subsection (c)(2)(A); and 

14 (B) the claims for disability compensation 

15 under laws administered by the Secretary that 

16 were filed with the Secretary and the percent17 age of such claims that were denied by the Sec18 retary; and 

19 (2) submit to the appropriate committees of 

20 Congress— 

21 (A) a report on the findings of the Sec22 retary with respect to the investigations and as23 sessments carried out under paragraph (1); and 


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1 (B) a comprehensive list of each location 

2 where an experiment described in subsection 

3 (c)(2)(A) was conducted. 

4 (e) DEFINITIONS.—In this section: 

5 (1) The terms ‘‘active military, naval, or air 

6 service’’, ‘‘veteran’’, and ‘‘World War II’’ have the 

7 meanings given such terms in section 101 of title 38, 

8 United States Code. 

9 (2) The term ‘‘appropriate committees of Con10 gress’’ means— 

11 (A) the Committee on Veterans’ Affairs, 

12 the Committee on Armed Services, and the Spe13 cial Committee on Aging of the Senate; and 

14 (B) the Committee on Veterans’ Affairs 

15 and the Committee on Armed Services of the 

16 House of Representatives. 

17 (3) The term ‘‘full-body exposure’’, with respect 

18 to mustard gas or lewisite, has the meaning given 

19 that term by the Secretary of Defense. 

Æ 


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