[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.
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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.
____________________