[Congressional Record Volume 167, Number 193 (Wednesday, November 3, 2021)]
[House]
[Pages H6171-H6174]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1815
                        TOXIC MILITARY BURN PITS

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 4, 2021, the Chair recognizes the gentleman from California 
(Mr. Ruiz) for 30 minutes.


                             General Leave

  Mr. RUIZ. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the subject of my Special Order.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. RUIZ. Madam Speaker, I rise today to tell the story of my 
constituent, Jennifer Kepner and to call for immediate action on the 
most pressing public health issue facing our veterans: toxic military 
burn pits.
  Four years ago, I met a veteran named Jennifer Kepner at her home in 
Cathedral City, California, in my district. Jennifer, a 39-year-old 
mother of two, was one of the most inspiring and brave people I have 
ever met, and that kitchen table conversation was one of the most 
impactful conversations in my life.
  When I met her, she was cachectic. You could see her bones. She was 
wasting away. She was battling pancreatic cancer and was on 
chemotherapy. You could see the port in her chest and you could see the 
loss of hair. And she was still so very full of energy inside to tell 
her story and sound the alarm.
  Her doctor linked her exposure to burn pits during her service 
overseas. You see, she was described as a health nut, as someone thin, 
healthy, who liked to run, and jog. Her friends would say: She was one 
of those crazy people who would wake up at 4 in the morning and go on a 
5-mile run routinely.
  So when she came down with pancreatic cancer at such a young age, her 
physicians looked at her DNA, her family history, and they concluded 
that the most likely cause, given her low risk, was her exposure to 
toxic military burn pit smoke.
  I sat with her in her home as she told me her story. She told me 
about her military service as an Air Force medic caring for our men and 
women in uniform who were injured or sick. You see, she was stationed 
at Balad Air Base in Iraq. She told me about her husband and their two 
children, Adia and Wyatt, who she loved so very dearly.
  She told me about burn pits, these huge fields where the military 
burns trash--anything and everything--including batteries, jet fuel, 
medical waste, plastics, and other hazardous material causing 
servicemembers to inhale toxic chemicals, carcinogens, and particulate 
matter.
  They call it the crud, you see, because after a long day in the 
desert serving our country, they go to their camp wanting a little 
rest, and they smell this black toxic chemical smoke and they get the 
soot on their face, in their nostrils, in their throat. They have itchy 
eyes, a runny nose, a sore throat. They cough, and that is just another 
day at a base serving our country.
  Jennifer spent her last month as a leading voice for her fellow 
veterans exposed to burn pits which she called ``the Agent Orange of 
our generation.''
  Wow. ``The Agent Orange of our generation.'' We all are infuriated 
with the way that our Vietnam veterans were denied and their care was 
delayed and their recognition had been postponed when they were saying, 
``We are sick.'' Their children are born malformed. They are infertile. 
They have other issues and syndromes and symptoms that are life-
threatening and debilitating.
  She is saying that this is the Agent Orange of our generation, and 
she knew that she was going to die. She knew that her days were 
limited. She knew that pancreatic cancer is the most aggressive cancer 
that causes death within months after diagnosis.
  She didn't give up. She didn't give up, despite the VA denying her 
the recognition that it was the burn pits that caused her pancreatic 
cancer. She didn't give up. Despite the VA denying her the benefits 
that she needed for her family, she didn't give up. Her dying wish was 
to ensure two things: one, was that other veterans didn't have to 
struggle through a system that denied and delayed and did not recognize 
her illness so that she said: Let's help other veterans.
  The second was: Please help my husband, Ben, get the benefits to care 
for my children. In her last dying days she was thinking of others with 
that heart of a servant and the fierce determination of a warrior.
  I remember getting the call when I was in my district office that she 
was dying, and she would potentially die within a few hours.
  I fell to my knees and I cried. I composed myself and I thought, as a 
physician, there are only certain things that I can do in the art and 
science of medicine, but I know that there is a greater healer; that 
there is a greater power, and perhaps this is what I can bring to serve 
the family at this moment. So I invited my pastor, Gerald Sharon, to 
come with me so that we could pray with her on her deathbed.
  There she was, taking her last breaths. Her mother was there crying. 
Her husband was trying to keep it together. Her children were at her 
side. The youngest one was too young to understand what was happening. 
The older one, the daughter, was a little more aware, but she was 
trying to keep it together.
  We did our prayer, and she died on October 18, 2017. Since then, it 
has been my mission to make her vision a reality.
  Her story drove me to found the bipartisan, bicameral Congressional 
Burn Pits Caucus with my friend and colleague Congressman Brad Wenstrup 
from Ohio.
  Her story inspired me to work with brilliant minds across the aisle 
like my friend who is sitting here, Representative Gus Bilirakis, to 
introduce legislation in a bipartisan manner.
  And her strength inspired me to coauthor my bipartisan, bicameral 
legislation, the Presumptive Benefits for War Fighters Exposed to Burn 
Pits and Other Toxins Act, to get veterans the benefits and care they 
have earned and need and deserve.
  Her vision is reflected in the Honoring Our Promise to Address 
Comprehensive Toxics Act, or the Honoring Our PACT Act, which includes 
my legislation to keep our Nation's promise to our veterans to take 
care of them after they serve our Nation.
  Her stories and the countless stories of other veterans that you will 
hear today by Republicans and Democrats are speaking to us beyond the 
grave to act now with urgency for their fellow veterans and for their 
families. Under the leadership of our great chairman of the VA 
Committee, Chair Mark Takano, we will get this done.
  We cannot sit by while the veterans Jennifer served with are denied 
the healthcare and benefits they have earned and deserve. No one who 
has served and sacrificed for our Nation should have to face the trials 
that she endured to get the medical care that she needed, or their 
widows the benefits to support their families with a life of dignity.
  In 1 week, we will celebrate Veterans Day and show our appreciation 
for all of those who served our Nation in our Armed Forces. Some will 
wear red, white, and blue attire. Some will even go as far as to make 
public displays of hugging a flag, and some will always say the same 
old thing: Thank you to our veterans. Thank you to our veterans for 
your service.

[[Page H6172]]

  I have said consistently that our veterans appreciate the thanks but 
they really need pragmatic support.
  On Memorial Day, the way we memorialize and honor the dead is by 
serving the living and improving their lives.
  They might have survived the battlefield, but they are dying from 
their exposures of a self-inflicted Department of Defense wound to our 
men and women in uniform by using these burn pits that, by the way, are 
illegal and banned in the United States precisely for their public 
health hazards.
  We need pragmatic support, not lip service or empty gestures in our 
appreciation and celebration on Veterans Day. We must act now and get 
our veterans the healthcare and benefits they have earned when we sent 
them to war for our country.
  Servicemembers are returning home from the battlefield right now only 
to become delayed casualties of war, dying years later from 
constrictive bronchiolitis, pulmonary fibrosis, brain cancer, breast 
cancer, pancreatic cancer, gastric cancers, and autoimmune diseases 
caused by their exposure to the toxic, hundreds of chemicals from 
burned plastics, jet fuels, and hazardous materials that they inhaled 
while serving our Nation.
  The DOD and the VA cannot continue to neglect this self-inflicted 
wound on our veterans. So in Jennifer's name and the countless names of 
the veterans who have suffered and some succumbed to their illnesses 
due to their exposures to burn pits, we all will continue fighting 
tooth and nail to protect our servicemembers and our veterans from 
toxic burn pits.
  She would never turn her back on a fellow veteran, and as a nation, 
neither can we.
  I yield to the gentleman from California (Mr. Takano), my friend, my 
neighbor, and the chairman of the House Veterans' Affairs Committee, a 
true champion for our veterans and the sponsor of Honoring our PACT 
Act.
  Mr. TAKANO. Madam Speaker, I thank my neighbor and very good friend, 
Dr. Raul Ruiz, for holding and hosting this Special Order hour on toxic 
exposures.
  Madam Speaker, tonight I rise to talk about the urgent need to 
finally recognize toxic exposure as a cost of war and pass the Honoring 
Our PACT Act.
  Every day I hear from more and more veterans who have been exposed to 
toxic substances while serving our Nation. Whether it is exposure to 
burn pits, contaminated water, radiation, or other toxins, the health 
effects are often severe from chronic multisymptom illnesses, to 
cancers, birth defects, infertility, and respiratory conditions.
  This problem isn't new, and neither is the need for congressional 
intervention. As chairman of the House Committee on Veterans' Affairs, 
I was proud to lead the effort last Congress to pass the Blue Water 
Navy Vietnam Veterans Act and get long-overdue justice for our Vietnam 
veterans exposed to Agent Orange. But that took more than 40 years. We 
cannot let our post-9/11 veterans suffer the same fate. And, yes, we 
are in danger of having burn pits become this generation of veterans' 
Agent Orange.
  We cannot allow this generation of veterans to go the 40 years that 
our Vietnam veterans had to wait for their justice.

                              {time}  1830

  When we send our servicemembers into harm's way, we do so with a 
promise to care for them and pay for that care. We haven't been keeping 
up our end of the deal. Hundreds of thousands of veterans have signed 
up for VA's burn pit registry. However, with 70 percent of burn pit 
claims denied, it is clear that VA's current claims process isn't 
working. No veteran should be forced to prove that their government 
exposed them to toxic substances. The Honoring our PACT Act fixes that 
and finally makes good on our promise.
  With our bipartisan legislation, we can deliver VA benefits and care 
to up to 3.5 million veterans exposed to burn pits and airborne 
hazards. We can establish a presumption of service connection for 23 
respiratory illnesses and cancers, the most comprehensive list out 
there. Additionally, we can streamline VA's review process for toxic 
exposure presumptions, so Congress doesn't have to keep intervening.
  With the exit from Afghanistan still fresh in our minds, we cannot 
forget that the true cost of war is so much more than the tanks, 
planes, and weapons used on the battlefield. Veterans living with toxic 
exposure are still in the heat of battle, and they are paying for the 
cost of war that our Nation should be paying. That is why we need to 
pass the Honoring our PACT Act into law. With 60 cosponsors, bipartisan 
support, endorsements from nine veteran services organizations, and a 
VA Secretary and President who are committed to addressing this issue, 
we have the momentum to get this done.
  With every day that passes, more veterans get sick and, sadly, die 
waiting for the care and benefits they have earned. We must act now. I 
want to thank Dr. Ruiz and the Congressional Burn Pits Caucus for 
partnering with my committee to share the stories of toxic-exposed 
veterans today and showcase how transformative passing the Honoring our 
PACT Act will be.
  With Veterans Day right around the corner, we can honor our veterans' 
service with action. I urge all Members to consider sponsoring our 
legislation.
  Mr. RUIZ. Mr. Speaker, I yield to the gentleman from Texas (Mr. 
Castro), my friend, who is a member of the Congressional Burn Pits 
Caucus.
  Mr. CASTRO of Texas. Madam Speaker, I thank Congressman Ruiz for 
organizing this Special Order.
  Madam Speaker, I rise today to share the story of Marine Corporal 
William Garza, Jr.
  William joined the Marines in the summer before 9/11. His first 
deployment was to Iraq in 2003, where he participated in the fall of 
Baghdad. It was there, during war, where he was exposed to burn pits.
  When I met William, he told me that he and his fellow marines would 
sleep and work around burn pits 24/7. These burn pits were as big as 
football fields, burning tires, human waste, metals, and electronics. 
William, like many servicemembers, didn't know the dangers of burn pit 
exposure.
  After serving his country with honor, he returned home to Texas, and 
he soon met the love of his life, Melanie, and they would marry, buy a 
home, and start living their American Dream.
  Soon after his marriage, William developed a sore on his tongue, but 
he struggled to get an appointment with the VA. When he did, it 
confirmed his worst fear: cancer.
  He would receive treatment at Brooke Army Medical Center, where the 
doctors would perform a miracle throat cancer treatment. William beat 
cancer.
  Then, a few years later, he received terrible news during a VA 
checkup. He had two tumors in his lungs, and he would need immediate 
treatment.
  But then, making matters worse, he received a letter from the VA 
denying his service-connected disability claim. This time around the 
chemo and immunotherapy would not be as successful, and his cancer 
spread. On March 4, 2019, in San Antonio, Texas, William died, and our 
Nation lost a hero.
  His mother, Rose, who I had the pleasure of speaking with, calls him 
``William, my Hero.''
  Marine Corporal William Garza, Jr., deserved better.
  I hope William's story creates an urgency in Congress to address this 
generation's Agent Orange.
  Burn pits have destroyed servicemembers' lives and American families. 
Let's not let another veteran receive a denial of benefits letter. 
Let's work together to honor our Nation's sacred obligation to our men 
and women in uniform.
  Mr. RUIZ. Madam Speaker, I yield to the gentleman from Florida (Mr. 
Bilirakis), my friend and colleague, a member of the Congressional Burn 
Pits Caucus, and a fierce advocate for our veterans.
  Mr. BILIRAKIS. Madam Speaker, I want to thank my good friend, Dr. 
Ruiz, for organizing this very important Special Order. I know he is a 
terrific doctor, and the fact that he has sacrificed to be here, to 
complete the mission. I appreciate it so very much. I have a similar 
story as well, but we must complete this mission as soon as possible. 
As Jennifer said, this is the Agent Orange of our era.
  Providing the care and support for our veterans, our Nation's heroes, 
has been one of my top priorities since I was elected to Congress, and 
I will continue to fight to ensure that our veterans get the benefits 
they deserve.

[[Page H6173]]

  As a matter of fact, after one of our hearings a few years ago on the 
Committee on Veterans' Affairs, we had many veterans who were exposed 
to Agent Orange. Their families were present with them, their children 
were present with them, and I invited them into my office. One-on-one, 
they told me the stories of what happened. The spouses would tell me: 
my husband, my wife, was exposed, and now he or she can't work. Who is 
going to support the family? What is going to happen to these children 
if their father or mother passes away? Who is going to take care of 
them? They need healthcare now. They need their benefits now.
  We can't wait any longer, Madam Speaker. Burn pits are the Agent 
Orange of our era, as Jennifer said. And the fact that we haven't 
resolved the issue of burn pit exposure is an absolute disservice to 
our veterans. They were exposed, and we must help them.

  I have fought for over multiple Congresses, with my colleague Dr. 
Ruiz and my colleague Brad Wenstrup from the great State of Ohio, 
leading and sponsoring numerous pieces of legislation to get toxic-
exposed veterans the treatment and benefits they deserve, because many 
cannot afford to wait any longer.
  Tragically, one of our veterans came to me a few years ago, Lauren 
Price. Similar to Dr. Ruiz and Jennifer, we made it our mission to get 
this done. During Lauren's service to our country, she was exposed to 
burn pits. This past spring, she sadly passed away due to an illness 
linked to her burn pit exposure, but not before taking up the cause for 
her fellow veterans to make sure they or their families would not have 
to experience the same suffering she and her family experienced. Lauren 
knew that she was going to pass away, but she wanted to make it better 
for her fellow veterans. Her goal was to pass this legislation and 
similar legislation that Dr. Ruiz and I have cosponsored over the 
years.
  I was incredibly moved to see her husband and my good friend, Jim 
Price, continue this tireless advocacy by testifying as a witness 
before the Veterans' Affairs Committee just this past year in support 
of the TEAM Act, which would comprehensively address toxic exposures 
now and in the future.
  This critical bill adopts provisions for my legislation that I 
previously authored, the Protection for Veterans' Burn Pit Exposure 
Act.
  I urge Congress to take up and pass the TEAM Act immediately. If we 
are going to be spending money, Madam Speaker, let's spend it on our 
heros.
  I am also proud to co-lead a host of additional burn pit legislative 
fixes with Dr. Ruiz and urge immediate action in the House and Senate 
on H.R. 4398, H.R. 4397, H.R. 2432, and H.R. 2371.
  While both H.R. 4398 and H.R. 4397 were included in the House version 
of the NDAA, we must continue pushing until they are across the finish 
line and signed by the President.
  Again, I thank my good friend, Dr. Ruiz, for organizing this Special 
Order. I can't think of a more worthy cause than providing for these 
veterans in their time of need, just as they provided for our country 
when we needed them. Let's get this done for our veterans.
  Mr. RUIZ. Madam Speaker, I yield to the gentleman from Ohio (Mr. 
Ryan), who I am proud to have join me as a cosponsor of the Honoring 
our PACT Act and a member of the bipartisan Congressional Burn Pits 
Caucus.
  Mr. RYAN. Madam Speaker, I want to thank the gentleman from 
California for his leadership. I want to thank Chairman Takano, who has 
been responsible for really taking care of the veterans. He helped us 
rename our clinic back in Youngstown after Carl Nunziato, who is a 
tremendous Vietnam veteran. I also want to thank the gentleman from 
Cincinnati, my home State, for being a part of all of this and being a 
leader in all of this. I want to thank him for that.
  Madam Speaker, I rise tonight in honor of the memory of Ohio Army 
Guardsman Sergeant First Class Heath Robinson. I met Heath's daughter, 
Brielle, a few months back and heard the story of Heath from his 
mother-in-law, Susan.
  These stories, as you have heard tonight, are heartbreaking. Because 
when you look at Brielle and his wife, Danielle, this is more than just 
we have got to get something fixed to take care of a veteran who served 
their country. This is the modern version of Agent Orange.
  But this is bringing so much heartbreak to so many families and to so 
many communities in States like Ohio where we have so many veterans who 
served their country.
  On March 21, 2017, Heath and his wife, Danielle, were sitting in an 
exam room at Zangmeister Cancer Center in Columbus, Ohio, when Heath 
was given a terminal diagnosis. He had only 6 weeks to live.
  At only 35 years old, Heath was suffering from gushing nosebleeds and 
bleeding from his ears. Dozens of doctors were unable to provide 
answers, but they all did have one question: What in the hell have you 
been exposed to?
  It turns out that Heath, a combat medic, had spent every day for 3 
months within 15 yards of a massive burn pit at Camp Liberty complex in 
Iraq.
  Heath was afflicted with a rare autoimmune disease that mostly 
strikes elderly women and an extremely rare form of lung cancer that, 
according to 20 oncologists, could have only been caused by a prolonged 
exposure and inhalation of toxic substances.
  Madam Speaker, how can we pretend that both the VA and we, as a 
Nation, do not owe the veterans like Heath and their families both the 
care and the benefits that they have earned, often with their very 
lives? This is not who we are as a country.
  We have got to fix this in Congress. The time is now. Not next year, 
not 5 years from now, but now, right now.
  Servicemembers like Heath, and countless others, thousands, maybe 
tens of thousands, spent the last 20 years fighting our Nation's 
longest war. We cannot turn our backs on them.
  I have introduced legislation to help collect the data so that the VA 
has it and that every 3 months they report to this Congress as to what 
the data is and what the claims are so we can hold them accountable.
  Most importantly, I want to thank Danielle, I want to thank Susan. 
And I want to let Brielle and Danielle and Susan know, and their 
family, that there are so many prayers coming to them from this 
Congress.
  But we are going to get it done, and we are going to get it done 
soon. It is going to be a bipartisan effort with guys like the 
gentleman from Cincinnati and the gentleman from California and myself. 
Let's get this thing done.
  Mr. RUIZ. Madam Speaker, I yield 1 minute to the gentleman from Ohio 
(Mr. Wenstrup), the co-chair of the bipartisan Congressional Burn Pits 
Caucus.
  Mr. WENSTRUP. Madam Speaker, we are here tonight to recognize and 
bring awareness to our servicemembers who are dealing with health 
issues caused by exposure to burn pits and other toxins during their 
tour of duty.

  These brave men and women answered the call. They were willing to lay 
down their lives for our freedom, and they served us honorably.
  Unknowingly, by following orders, they put themselves in harm's way.
  As our military continues to adapt, we are learning that certain 
amounts of exposure to burn pits can potentially present troublesome 
and life-threatening health challenges, some that don't show up until 
later in life.
  When I served in Iraq, I smelled the smoke, and I don't wish it upon 
anyone. Those suffering from the repercussions of burn pit exposure 
need help, not hurdles. We must meet them with compassion, not red 
tape. That is why I am proud to work with fellow members of the 
Congressional Burn Pit Caucus, as well as friends on the Veterans' 
Affairs Committee, to put forth bipartisan solutions to help our 
servicemembers. We must prevent this in the future and care for those 
that have borne the battle.
  I want to thank my friend, Dr. Ruiz, for hosting this Special Order. 
I am proud to work with him on this issue, as I have been proud to work 
with him on so many other issues on behalf of patients.

                              {time}  1845

  Mr. RUIZ. Madam Speaker, how much time do I have remaining? Do I have 
1 minute remaining?
  The SPEAKER pro tempore. The gentleman's time has expired.

[[Page H6174]]

  

  Mrs. DINGELL. Madam Speaker, this month, we will pause on November 
11th to honor the men and women who have selflessly served America in 
uniform. Veterans of the United States Armed Forces have dedicated 
their lives to protecting our nation, and it is critical we express our 
sincere gratitude for the sacrifices they have made.
  I appreciate the opportunity to draw awareness to a critical issue 
affecting both veterans and current servicemembers--toxic exposure.
  Toxic exposure has affected U.S. servicemembers for generations. 
While each war and conflict has posed unique hazards and health risks 
for servicemembers, our nation's youngest veterans are increasingly 
facing health consequences due to exposure to toxic chemicals during 
their military service in the Middle East.
  Over the past two decades in the Middle East, open burn pits were 
commonly used as disposal sites for materials such as trash, weapons, 
batteries, and other waste. Servicemembers are concerned about the 
illnesses that are linked to exposure to the toxic fumes and smoke 
emitted by these burn pits, especially as some have begun developing 
rare cancers and illnesses at higher rates than their counterparts that 
were deployed to other parts of the world.
  Michigan-native Kevin Hensley is one such veteran who has been deeply 
impacted by burn pits. Kevin is a veteran of the U.S. Air Force who was 
deployed to the Middle East eight times and stationed near open air 
burn pits during four of his deployments. After retiring and moving 
back to Wayne County in 2015, Kevin's health began rapidly 
deteriorating. By 2017, Kevin had been diagnosed with Constrictive 
Bronchiolitis, and later brain scans revealed serious damage from 
inhaling toxic smoke.
  Kevin struggles with daily tasks, saying he finds it difficult to go 
grocery shopping without gasping for air. Equally upsetting, Kevin has 
faced challenges receiving care through the VA. Only in 2020 did the VA 
formally expand benefits for veterans suffering with illnesses related 
to exposure to burn pits. Still, veterans must shoulder a burden of 
proof, which requires them to precisely pinpoint where and when they 
may have been exposed to burn pits. As a result, the VA continues to 
deny an overwhelming number of burn-pit related disability claims.
  Unfortunately, Kevin's story is one of far too many. Our nation's 
veterans deserve better, and we must recommit ourselves to this effort 
to ensure veterans receive the benefits and care they're entitled to.
  That's why I'm a proud cosponsor of H.R. 3967, the Honoring Our 
Promises to Address Comprehensive Toxics Act of 2021. This bipartisan 
bill will provide vital support to veterans who have been exposed to 
burn pits and other toxins and ensure they can access crucial 
healthcare services through the VA.
  I thank Rep. Ruiz for his steadfast leadership on toxic exposure and 
burn pits. I urge all my colleagues to support this important 
legislation and continue pursuing other legislative solutions that will 
ensure our servicemembers have access to the healthcare they deserve.

                          ____________________