[Congressional Record Volume 165, Number 39 (Tuesday, March 5, 2019)]
[House]
[Pages H2332-H2335]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BURN PIT REGISTRY ENHANCEMENT ACT
General Leave
Mr. TAKANO. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
to insert extraneous material on H.R. 1381.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. TAKANO. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1381) to direct the Secretary of Veterans Affairs to take
actions necessary to ensure that certain individuals may update the
burn pit registry with a registered individual's cause of death, and
for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1381
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 ``Burn Pit Registry
Enhancement Act''.
SEC. 2. BURN PIT REGISTRY UPDATES.
(a) Individuals Eligible To Update.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall take actions necessary to ensure that the burn pit
registry may be updated with the cause of death of a deceased
registered individual by--
(A) an individual designated by such deceased registered
individual; or
(B) if no such individual is designated, an immediate
family member of such deceased registered individual.
(2) Designation.--The Secretary shall provide, with respect
to the burn pit registry, a process by which a registered
individual may make a designation for purposes of paragraph
(1)(A).
(b) Definitions.--In this section:
(1) The term ``burn pit registry'' means the registry
established under section 201 of the Dignified Burial and
Other Veterans' Benefits Improvement Act of 2012 (Public Law
112-260; 38 U.S.C. 527 note).
(2) The term ``immediate family member'', with respect to a
deceased individual, means--
(A) the spouse, parent, brother, sister, or adult child of
the individual;
(B) an adult person to whom the individual stands in loco
parentis; or
(C) any other adult person--
(i) living in the household of the individual at the time
of the death of the individual; and
(ii) related to the individual by blood or marriage.
(3) The term ``registered individual'' means an individual
registered with the burn pit registry.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Takano) and the gentleman from Tennessee (Mr. David P.
Roe) each will control 20 minutes.
The Chair recognizes the gentleman from California.
Mr. TAKANO. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, I, too, in celebration of today say ``laissez les bons
temps rouler.''
Mr. Speaker, I rise in strong support of H.R. 1381.
During Operations Enduring Freedom and Iraqi Freedom and in other
parts of the world where American servicemembers were deployed, the
Department of Defense exposed brave Americans to toxic fumes and
dangerous chemicals by burning waste in open-air burn pits. Some of the
waste burned in these open-air pits were human waste, Styrofoam,
lithium batteries, tires, medical waste, and other toxic substances.
Servicemembers had no way to avoid inhaling the smoke from these burn
pits that were located on their bases, sometimes right next to their
barracks.
When this committee held a hearing last year on burn pits, we heard
from Leroy Torres, the founder of Burn Pits 360, who breathed in burn
pit smoke while stationed in Balad Air Base in Iraq in 2007. When he
returned home in 2008, he needed immediate hospitalization for lung
disease.
Mr. Torres and other veterans suffering from medical conditions
believed to be caused by exposure to burn pits are still fighting to
receive healthcare and benefits because illnesses potentially caused by
burn pit exposure still aren't recognized by the VA.
Research to understand the harmful effects these toxic substances may
have had on military servicemembers is now underway. However, the
totality of harmful health effects this dangerous practice may have had
on servicemembers is yet to be fully known and understood, and it may
take years for clinicians and scientists to understand the health
effects or discover effective treatments for those who were exposed.
In an effort to better track the health effects these exposures had
on deployed troops, Congress required the VA to create the open burn
pit registry in 2012 to compile self-reported data on veterans who
believed they were exposed to open-air burn pits while serving in Iraq
and Afghanistan.
This registry allows VA to easily communicate with this population of
veterans, as well as track trends within the population that may
indicate a need for further research into certain health concerns.
However, the registry failed to provide, in it, the ability to report
cause of death for veterans who are registered and then subsequently
pass away.
Congressman Ruiz's bill, the Burn Pit Registry Enhancement Act, would
allow an individual designated by the veteran during the registry
process or an immediate family member to update the veteran's file on
the registry with a cause of death.
These additional data will allow researchers and the VA to identify
trends, similarities, and correlations in this population that will
better inform our research efforts on the impact these open-air burn
pits have on the servicemembers who served in combat zones.
With the addition of more data to the burn pits registry, we hope
this will help VA conduct groundbreaking research that will lead to
prevention and treatments for toxic exposures, including exposure to
toxic substances inescapably connected to military service.
Mr. Speaker, I reserve the balance of my time.
Mr. DAVID P. ROE of Tennessee. Mr. Speaker, I yield myself as much
time as I may consume.
Mr. Speaker, I rise today in support of H.R. 1381, the Burn Pit
Registry Enhancement Act.
This bill is sponsored by Dr. Raul Ruiz of California and Dr. Brad
Wenstrup of Ohio. Dr. Ruiz and Dr. Wenstrup are medical professionals,
former members of the Committee on Veterans' Affairs, and co-chairs of
the
[[Page H2333]]
House Burn Pits Caucus. I am grateful to them both for their efforts
with respect to this legislation and for their continued dedication to
serving our Nation's veterans on a bipartisan basis.
In response to growing fears about the long-term health effects of
burn pit exposure, Congress required the Department of Veterans
Affairs, VA, to create the Airborne Hazards and Open Burn Pit Registry,
the registry, in 2013.
The registry was intended to provide a forum for servicemembers and
veterans to document the toxic exposures they experienced in service to
our country and report health issues they believe may be connected to
those exposures to VA to assist in research regarding toxic exposure
impacts and treatments.
While the registry continues to be an important tool for those
worried about burn pits and other toxic environmental exposures,
advocates have expressed concern over the years that the registry is
not being used to its greatest potential.
During a hearing before the Subcommittee on Health last June, two
important stakeholder groups, Burn Pit 360 and the Veterans of Foreign
Wars of the United States, or VFW, recommended that the registry be
improved by allowing family members to update the registry in the event
of a death of a servicemember or veteran listed on it.
Accordingly, the Burn Pit Registry Enhancement Act would, on the
death of a servicemember or a veteran listed in the registry, allow an
immediate family member or other designated individual to report that
servicemember's or veteran's death to the registry and list his or her
cause of death in the registry.
According to Burn Pits 360, without tracking the mortality rate
through methods such as allowing a surviving family member to report
deaths and the cause of death, the registry's ability to establish
mortality rates related to conditions and diseases associated with
toxic exposure will be precluded.
Mr. Speaker, I agree, which is why I am pleased to support this bill
today. That said, I do regret that it did not move through regular
order. Had it been subject to a committee hearing and markup, it surely
would have benefited from a robust debate and discussion by committee
members, by VA, and by veteran service organizations and other
interested parties and perhaps made even stronger. I look forward to
continued committee work on this important subject.
Mr. Speaker, I urge all of my colleagues to join me in supporting
this bill, and I reserve the balance of my time.
Mr. TAKANO. Mr. Speaker, I appreciate the comments from my colleague,
the ranking member, about regular order. I can assure you we will
discuss this subject further, and I appreciate and take to heart his
comments.
At this time, I yield 5 minutes to the gentleman from California (Mr.
Ruiz), my good friend and the author of this bill.
Mr. RUIZ. Mr. Speaker, I thank Chairman Takano and his staff for all
their work on this. They have done a great job. I thank them for
fighting for this bill and for their tireless work in support of our
veterans.
Mr. Speaker, I also thank the ranking member, Dr. Phil Roe, for his
support of veterans who have been exposed to burn pits, and a special
shout-out to my good friend Congressman Dr. Brad Wenstrup, who is the
colead on this bill. We have worked together on this and numerous
bills, and we are also leading the efforts in the bipartisan Burn Pits
Caucus to really give answers to our veterans who have been exposed.
My bill, the Burn Pit Registry Enhancement Act, will help our
government better understand the health effects of toxic burn pits on
our men and women in uniform.
As a nation, we have a responsibility to provide our veterans with
the benefits that they have earned and deserve and to keep them safe to
the best of our ability when they are in the field.
We bear that responsibility even more heavily when the actions of our
own government--in this case, its use of toxic burn pits--are causing
veterans to develop severe pulmonary illnesses, cancers, autoimmune
diseases, and chronic conditions that are making young, otherwise very
healthy veterans, extremely ill, permanently oxygen-dependent, and
totally disabled--and, in some cases, leading to their death.
This is what happened to Jennifer Kepner, a constituent of mine, a
mother of two young children, and a veteran of the United States Air
Force. Despite being only 39 years of age, living an active lifestyle,
very healthy, not having any other risk factors, Jennifer developed a
very aggressive pancreatic cancer that ultimately took her life.
{time} 1645
Jennifer's oncologist conducted an extensive genetic and
environmental risk assessment and found that the only probable and most
probable cause of her cancer was her exposure to burn pits. These are
acres, sometimes 10 acres big, of open burn pits where they burn
everything and anything, like that garbage open burn pit with jet fuel,
that exposes our servicemembers to hundreds of toxic chemicals and
carcinogens, with huge clouds of black smoke that traverse long
distances.
So while Jennifer was fighting bravely against her cancer, she also
had to fight tooth and nail to get the healthcare and benefits that she
had earned. Even then, the VA did not recognize her cancer's connection
to burn pit exposures.
I was there in her final days, and she wanted us to do something. She
called it our generation's Agent Orange. She wanted us to do something
to prevent this and to help other veterans.
There is a principle I use as a doctor and a public health expert,
and that is, when there is a high enough suspicion of an agent that can
cause a severe enough health consequence, then we have to act on that
suspicion. In this case, we do have enough suspicion, given the
information that is out there, that burn pits are essentially toxic and
causing health problems and even death, so it is definitely severe
enough.
We need to do something. There are four prongs that we need to
pursue, four pillars of a framework.
One is stop the use of burn pits.
Two is outreach to veterans and providers to educate them about their
risks.
Three is to make sure that we take care of our veterans by providing
healthcare and some of the benefits that they have earned.
Also, do more research so that we can fully understand the full
health effects of being exposed to these burn pits.
This bill and the burn pit registry will help with two of those
prongs. One is that it is a vehicle for the VA, DOD, and our government
to communicate with veterans who have been exposed to burn pits, and
their family members, about any recent health topics, research, or
policy change that they may be interested in.
It also helps them grab samples of veterans for future research so
that we can better understand with more robust scientific research the
full effects of burn pits in their lives, which could lead to a better
understanding, better healthcare, better outreach, and more benefits
for our permanently disabled veterans.
It is very important that veterans who have been exposed to burn pits
register in the Airborne Hazards and Open Burn Pit Registry and build
this communication vehicle with the VA, our government, and those of us
who are strong advocates for our veterans.
My bill will allow an entry with the cause of death in the Airborne
Hazards and Open Burn Pit Registry after a veteran passes away. For
example, right now, if a veteran passes away, there is no way to update
this burn pit registry with their cause of death. This allows a spouse
or a designee to enter that cause of death.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. TAKANO. Mr. Speaker, I yield an additional 30 seconds to the
gentleman from California.
Mr. RUIZ. Mr. Speaker, those causes of death could be brain cancer,
esophageal cancer, pancreatic cancer, autoimmune diseases, lymphomas,
leukemias, constricted bronchiolitis, COPD, and others.
Mr. Speaker, I urge each Member of this Chamber to support this
bipartisan bill, which will help our Nation uphold its commitment to
serving our veterans. Together, we are taking a crucial first step
toward honoring Jennifer Kepner and improving and saving
[[Page H2334]]
the lives of countless veterans. I thank the chairman for his support.
Mr. DAVID P. ROE of Tennessee. Mr. Speaker, I yield 2 minutes to the
gentleman from Illinois (Mr. Bost), a very active member and Marine
Corps veteran on the committee.
Mr. BOST. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise today in support of H.R. 1381, the Burn Pit
Registry Enhancement Act. As the ranking member said, I am a marine. As
member of the Veterans' Affairs Committee, caring for those veterans
who have served our Nation, and protecting them, is a top priority for
me. They should have the peace of mind in knowing that they will be
cared for by a grateful Nation after having that time that they served.
I have had veterans come into my office with health problems, health
problems that they shouldn't be having. They are young, and they don't
have a family history. Sometimes, they just can't pinpoint the cause.
All too often, it can be from the use of burn pits in Iraq and
Afghanistan. It is equally frustrating that the VA doesn't have enough
data to fully understand the effects of burn pits.
We have seen this movie before. We saw it with people who were
exposed to Agent Orange, people who were serving offshore, and the
problems we have dealing with blue water Navy Vietnam veterans. They,
too, faced the consequences of unknown exposure risks.
We must do better. This bill seeks to do that. This is a step
forward. It is not a fix all, but at least we are trying to move in the
direction that we need to move and not be trapped in the same situation
we were with Agent Orange. Today's legislation is a bipartisan effort,
and it puts our veterans first.
Mr. TAKANO. Mr. Speaker, I yield 3 minutes to the gentleman from
South Carolina (Mr. Cunningham), my good friend and a member of the
House Veterans' Affairs Committee.
Mr. CUNNINGHAM. Mr. Speaker, today, I rise in support of H.R. 1381,
the Burn Pit Registry Enhancement Act.
Mr. Speaker, I thank my colleagues, Representative Raul Ruiz and
Representative Brad Wenstrup, for all their hard work on this bill and
for their leadership as co-chairs of the Bipartisan Congressional Burn
Pits Caucus.
As the Members of this body are aware, one of the many perils our men
and women in uniform face overseas is the threat of toxic exposure from
burn pits. To dispose of their waste, servicemembers in Iraq and
Afghanistan tossed every variety of waste into massive pits to be set
on fire, not knowing the harmful chemicals they were likely breathing
in as a result.
Even today, we still do not fully understand all the risks associated
with exposure to burn pits. That is why Congress established a
voluntary registry for veterans who served in the vicinity of burn pits
to document their experience and to learn more about ongoing studies.
The data from this registry further enables doctors and the VA to
better study the health impacts of burn pit exposure and to develop
lifesaving treatments.
H.R. 1381 would strengthen this registry by allowing the families of
deceased veterans to update the registry with the veterans' causes of
death. This added data will give medical researchers a more complete
picture of the effects of toxic burn pit exposures and bring us closer
to giving veterans the answers and the treatment that they deserve.
As a member of the House Committee on Veterans' Affairs, I am pleased
to support H.R. 1381, and I urge my colleagues on both sides of the
aisle to pass this commonsense and pragmatic bipartisan bill.
Mr. DAVID P. ROE of Tennessee. Mr. Speaker, I yield 4 minutes to the
gentleman from Ohio (Mr. Wenstrup), a Congressman, colonel, doctor,
former member of the committee, and incredible veterans advocate.
Mr. WENSTRUP. Mr. Speaker, I thank the former chairman for yielding
to me.
Mr. Speaker, I rise in support of this bipartisan legislation that I
sponsored with Dr. Ruiz, the Burn Pit Registry Enhancement Act. I am
pleased to have Dr. Ruiz' medical expertise engaged on this issue.
Our Nation's servicemembers experience a variety of threats to their
health and well-being, many of which extend well beyond combat. The
theater of war can present many health challenges that do not show up
until later in life. We are learning that burn pit exposure can be one
such condition.
I occasionally smelled that type of smoke that can arise from burn
pits when I served in Iraq. I support increased research into the range
of health impacts that can arise from burn pit exposure. In order to
effectively help our Nation's veterans, we need an accurate registry of
servicemembers and veterans who were exposed to burn pits, as well as
detailed records of health impacts from that exposure.
Currently, the Airborne Hazards and Open Burn Pit Registry monitors
the health records of veterans exposed to burn pits. This registry
helps the VA identify health conditions possibly related to burn pit
exposure or other airborne hazards that can arise during military
service.
It also keeps exposed veterans informed about studies and treatments,
and it helps improve programs to help veterans who are concerned that
they may have been exposed to toxic chemicals while they were deployed.
The Burn Pit Registry Enhancement Act will allow a veteran's family
member or other selected individual to update the burn pits registry
with the veteran's cause of death. This will improve the reported data
available for studies related to burn pits and help researchers examine
the full range of diseases, health conditions, and outcomes that may
result from exposure to burn pits.
Dr. Ruiz did an excellent job when he spoke to many of those types of
things that we need to be concerned about.
We still have a lot to understand about the impacts of burn pit
exposure, no doubt about it. This is one small, but important, step
toward that full understanding.
Mr. TAKANO. Mr. Speaker, I am pleased to see that we have three
doctors who are either now or were associated with the Veterans'
Affairs Committee and that they have supported this legislation.
I have no further speakers, and I am prepared to close, so I reserve
the balance of my time.
Mr. DAVID P. ROE of Tennessee. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, first of all, I thank Dr. Ruiz, who was a very active
member of the Veterans' Affairs Committee. I really hated to see him
leave our committee. He was a tremendous asset to the committee and, as
you can see, continues to be that asset.
I think one of the things, Mr. Speaker, that this registry does is it
also shows us on the committee how important it is to get our
electronic health records done, so that an Active Duty military recruit
can go in at 18 years of age and have a virtual lifetime record so that
we will have a treasure trove of data there 30 or 40 years later, as we
are doing right now in trying to figure out what to do with Agent
Orange.
If we do this correctly, we will be able to not make these mistakes
in the future. We will be able to go ahead and rapidly make these
claims, adjudicate these claims, so that veterans are treated properly
and get the medical care they need.
I strongly support this bill, and I urge my colleagues to vote
``yes'' on this bill.
I yield back the balance of my time.
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I fully associate myself with the remarks of the
minority member of the committee. Again, I want to express my gratitude
to the professionally trained physicians who have weighed in on this
legislation and further commented about the importance of the
electronic health records and the important oversight that was begun in
the last Congress, which will continue in this Congress under my
leadership.
I agree it is really important that we get those records to work
properly and that the communication between the Department of Defense
and the VA is functional.
I also think it is very important to make sure that we get those
legacy records from the DOD wrapped into this whole package, because
the service history, where our military servicemembers have served and
what they
[[Page H2335]]
were exposed to, will provide a very important piece of information
that will help us understand how toxic exposures have affected our
veterans.
Mr. Speaker, I urge my colleagues to join me in passing H.R. 1381,
and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Takano) that the House suspend the rules
and pass the bill, H.R. 1381.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. TAKANO. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________