[Congressional Record Volume 168, Number 102 (Wednesday, June 15, 2022)]
[Senate]
[Pages S2976-S2978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HONORING OUR PACT ACT OF 2021
Mr. SULLIVAN. Mr. President, I am going to talk a little bit about
the bill that we have been debating here all week on the Senate floor,
the Sergeant First Class Heath Robinson Honoring our PACT Act of 2022.
Now, it is a very important bill. It is named after Sergeant First
Class Robinson, an Ohio National Guard soldier who died in 2022 as a
result of service-connected toxic exposure.
This bill that we are going to be voting for final passage on
tomorrow would deliver immediate access to healthcare for toxic-exposed
veterans, direct the VA to evaluate diseases for presumption of service
connection, and streamline the process for toxic-exposed veterans
seeking disability compensation for their illness that they gained
while serving overseas defending our Nation.
I have supported the intent of this bill for years, and I intend to
vote in favor of this bill tomorrow when it comes up for final passage.
There is nothing, in my mind, that is more important than taking care
of our veterans, but I do want to raise some concerns about how we got
to this point, the process of this bill, which, in my view, undermined
the likelihood of this massive new program being implemented in a way
that benefits all American veterans so we can take care of all American
veterans.
Let me explain. Since my time here in the Senate, I have focused on
these issues. I serve on the Veterans' Affairs Committee that was
responsible, in large measure, for many aspects of this bill. I serve
on the Armed Services Committee. I still serve in the military myself,
in the Marine Corps Reserves, and I am honored to represent the State
in our great Nation, Alaska, that has more veterans per capita than any
State in the country.
So veterans and military affairs and their families have been a core
focus of mine since I arrived in the Senate in 2015. And in particular,
I have been focused on this issue of toxic exposure of our service men
and women during wartime. In fact, one of my commitments as a candidate
for the U.S. Senate in 2014 was to work to ensure passage of the Blue
Water Navy Vietnam Veterans Act, which I cosponsored when I got here
and was signed into law in 2019.
That was an outstanding commitment to our Vietnam veterans exposed to
Agent Orange during their time, but it was belatedly fulfilled--years,
even decades, after their service in Vietnam.
And I took lessons from that. As a matter of fact, I think many
Senators took lessons from that, that when the next generation of
veterans served overseas and were exposed to toxins during their
service, that we needed to act.
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So that is what I have done in my career here. I have worked, taking
the Vietnam veteran experience, particularly with Agent Orange, to make
sure we don't repeat that--the mistakes of Agent Orange where those
exposed to toxic substances overseas during their service and later
came down with diseases and suffered, that we needed to take care of
them.
We know that toxic exposure during military service can add serious
complications to a veteran's health, years and even decades after their
service has concluded.
And there is science that can correlate certain diseases and symptoms
to exposure. That is the model that we want. Veterans suffering from
potential exposure understand too well that getting the VA to even
recognize and concede exposure can remain a challenging bureaucratic
and incredibly frustrating process that leads to denials often from the
bureaucracy.
So early in my time here, I have been a relentless advocate on these
issues. I will give you a few examples.
I introduced with Senator Manchin of West Virginia the Veterans Burn
Pits Exposure Recognition Act, which was previously passed out of
committee in the Veterans' Affairs Committee and enjoys broad
bipartisan support. Close to half of the Senate--Democrats and
Republicans--was cosponsors of our bill, and almost all of the Senate
Veterans' Affairs Committee were.
This bill would recognize and concede exposure to toxic substances
for those veterans who were deployed in areas where burn pits were in
use: in Iraq, in Afghanistan, in Uzbekistan--all of these different
areas and more.
This bill would do away with the paperwork that made it almost
impossible to prove exposure by these veterans. It put the onus on the
VA and that bureaucracy.
When crafting this bill with Senator Manchin, our offices worked
extensively with the Senate Veterans' Affairs Committee and many of the
veterans service organizations, particularly the Disabled American
Veterans organization; and we worked with the VA on the language to
make sure we were not getting ahead of the science, making sure that
what was exposed and what were the diseases connect with science--not
always easy, but the VA does have expertise in that area.
I then cosponsored with Senator Blumenthal the K2 Veterans Advocacy
Act. This bill moved the needle on three things that are known
systematically now: that toxic substances at the base that we call K2
in Uzbekistan, the medical conditions that K2 veterans have--and they
are serious; something really bad was going on at the K2 base in
Uzbekistan--and the links between the two.
Now, we worked with the Trump White House before President Trump left
office in 2020, before our bill passed here on the Senate floor, to get
them to issue an Executive order for the VA to essentially do those
things for K2 veterans.
I introduced and had passed the bipartisan Burn Pits Accountability
Act with Senator Klobuchar, which directs the Pentagon to include
empirical health assessments and evaluation of whether a servicemember
has been exposed to open burn pits or toxic airborne chemicals in their
deployments. This bill was included in the fiscal year 2020 National
Defense Authorization Act.
And I sponsored the Pandemic Care For Burn Pits Exposure Act of 2020
to ensure that servicemembers and veterans with previous exposure to
burn pits received the care they needed during the COVID-19 pandemic.
I am listing these bills and the work and time and the bipartisan
nature of them because on the Veterans Affairs' Committee there has
been no issue I have been more focused on.
We are going to take the lessons from Vietnam, Agent Orange, and not
say: You are going to wait three or four or five decades while you die
of cancer.
And I am committed to this issue, and I have been. But I am also
committed to passing legislation that is worthy of all veterans that we
are serving. So I have had some reservations about the current bill and
the process by which it has come to the Senate floor, because the
process has thwarted opportunities to make this a better bill, to make
it serve our veterans in a better, holistic way.
And, again, this is an issue I have been focused on since my first
days in the U.S. Senate.
So what are the issues?
Well, as I mentioned, some of the things in there--a lot of the
things in this bill are very necessary. The bill that I just mentioned
that I cosponsored with Senator Manchin, the Veterans Burn Pits
Exposure Recognition Act, was incorporated into the PACT Act that we
will be voting on tomorrow, the Sergeant Robinson Honoring our PACT
Act.
In fact, many bipartisan bills from the Veterans' Affairs Committee
were included in this bill that we are going to be voting on tomorrow.
But ultimately, what we had going on in the Veterans' Affairs
Committee was an agreement that when we brought this big bill--and it
is big--to the Senate floor, we would have the ability to bring
amendments to try to improve it, to try to make it better for all
veterans in the entire VA system, a system that we know has challenges
implementing sweeping mandates from Congress.
This is a sweeping mandate from Congress that we are voting on. As I
mentioned, the issue of toxic exposure, which I have been focused on
since my first year here in the U.S. Senate, has always been a
bipartisan bill. Four bills I just mentioned that I have led on have
all had Democratic cosponsors leading with me as well. But what
happened this week and last week was the bipartisan nature of trying to
tackle one of the biggest issues facing our veterans was shut down. For
whatever reason, and I don't know why--somebody should ask the majority
leader--all the amendments that we were going to bring to the floor to
make this bill better were shut down. We have not had one amendment on
this comprehensive bill, and, like I said, a number of us have been
focused on this issue for years.
What were we trying to do with these amendments? We are trying to
make this a better bill. Bring your ideas to the floor, debate them,
vote on them. Why wouldn't we want to do that? Why wouldn't we want to
do that? Don't we owe it to all of our veterans to do that?
My primary concern, as I have mentioned, is making sure that not just
the constituency impacted by this legislation, which we need--those
exposed to toxic exposure primarily from burn pits are taken care of--
but that the whole VA system remains robust and strong. And I think
some of the amendments--I know some of the amendments that we were
going to bring--as a matter of fact, on the Veterans' Affairs Committee
there was a commitment to make sure we were bringing these amendments
to the floor--would have made this bill better.
What are the biggest concerns? Well, I pressed the Secretary of the
VA just yesterday in his testimony before the Veterans' Affairs
Committee on one of the biggest concerns I have and one of the biggest
concerns many Senators have and one of the biggest concerns our
Veterans' Affairs Committee has, and it is this: This bill that I will
be supporting tomorrow is estimated to bring an additional 2.5 million
claims to the VA--2.5 million.
My question to the Secretary was simple but really important: Mr.
Secretary, is the VA system ready to absorb the roughly 2\1/2\ million
additional claims that are likely to be generated in the next 3 years
by the PACT Act? Are you ready?
We have some ideas and amendments that we think can make it ready.
But again, for whatever reason, the majority leader didn't want to hear
about those.
In an already stretched VA, with a huge backlog already and
challenges as we speak, the Secretary testified about them yesterday,
about hiring qualified medical personnel across the country but
especially in my State, in Alaska. The concern that I raised with the
Secretary yesterday, the concern that we are trying to address with the
amendment process here on the Senate floor is this: When you bring that
many into a system that is not ready, you can collapse the whole
system. You can collapse the whole system.
And then every veteran loses. A young marine with his legs amputated
after an IED explosion in Afghanistan who needs help, he is going to be
delayed. A Vietnam veteran who needs
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care, he is going to be delayed. A Gulf war veteran, she is going to be
delayed. If you are collapsing the whole system, every veteran loses.
Every veteran loses.
Now, I have actually seen this in my State. And I know the Presiding
Officer's State has had some challenges with the VA. Several years ago,
I held a field hearing in Arizona on some of the challenges in the VA,
but I have seen the system collapse in Alaska. In 2015, my first year
in the U.S. Senate, due to legislation that had been passed the year
before, we essentially had the system in Alaska collapse. Somehow, some
way, legislation and ideas from the VA thought it was really smart to
remove the ability to actually make appointments for veterans in Alaska
not by officials from the VA who live in Alaska but somewhere in the
lower 48--I think it was Louisiana or somewhere--not a good idea. The
whole system cratered. I have seen it. And no veteran benefits. No one
benefits.
In my first year here in 2015, it was my No. 1 priority to get the VA
to fix the broken system in Alaska, and we have made huge progress. But
I have seen it firsthand. When a system that is supposed to take care
of veterans craters, of course, every veteran suffers.
So we don't want that to happen with the implementation of this
important bill. And the Secretary of the VA assured me, assured Senator
Tillis in questioning yesterday, that this won't happen, that the
system won't be overburdened, that they are prepared for this.
Well, I hope he is right. I have my doubts, but I hope he is right.
But here is the point: A bipartisan amendment process, particularly
from Senators--I will give you one example. Senator Moran, ranking
member on Veterans' Affairs, has been working this issue like me for
years. Particularly from Senators who actually know the issue, a
bipartisan amendment process would have helped ensure that this
possibility would be much less.
I will give you a couple of examples of what, for whatever reason,
the majority leader didn't want to bring up on this important
legislation. We had amendments to make sure that the VA didn't get
ahead of the science. You need to connect the science and exposure to
the disease. That is simple. That is what is expected--it is not
simple. It is a complicated process, but it is just the rigor of a bill
that you want to make sure that those who are exposed and sick and with
a disease are the ones who get the care.
Right now, in this bill, there are 23 respiratory illnesses and
cancers that will be added to the list of presumptive ailments that
will allow a veteran to be diagnosed with toxic exposure and qualify
for benefits and any other disease the Secretary of the VA determines
is warranted based on a positive association with certain substances,
chemicals, or airborne hazards. Some of those 23 presumptives, as we
are calling them, are based on science. Some aren't. I have asked the
VA; I have asked the Secretary: Hey, where did we get these 23? The
answer, I am still waiting for.
That is what the amendment process is for, to make sure this bill has
rigor to take care of all veterans.
Let me mention another amendment offered by Senator Moran, an
amendment that he was promised to get a floor vote on that didn't
happen and I think would have made the bill stronger. It would have
preserved the Trump-era gains on community care access standards and,
importantly, serve as a relief valve for veterans to receive care as
millions are going to be added into the system. So, again, if you have
2\1/2\ million additional claims and the VA is overwhelmed and now
there is a giant backlog for everybody, this amendment would have said:
Well, the veterans in the system can go out and get community care.
That is a good idea. It is actually how it works in Alaska because we
don't have a full-service VA hospital, one of only three States in the
country. But that is a really smart idea, a safety valve. If the system
looks like it is going to crater because it is overwhelmed, hey, let
some doctors in town help the veterans. We couldn't bring that
amendment up.
So I pressed the VA Secretary on this because I have seen it when a
system collapses, and my veterans were really hurt in Alaska when it
did--the VA system in my State. And I am going to take his word for it
now that the VA can handle 2\1/2\ million more claims in the next 3
years. But I am going to be watching like a hawk--watching like a hawk
in my oversight role. Like I said, there is nothing I care more about
than our veterans, our military, and their family members. We had the
opportunity on an important bill that I will be supporting to make it
better. And we sat in the Senate all week and didn't bring up one
amendment to even try.
The Secretary is assuring us. OK. All good. Good to go. Well, some of
us had ideas to make sure it would have been better to go. We couldn't
bring them up.
I hope there aren't problems with this implementation. If the system
is in danger of collapsing as a result of this bill, I hope that
whoever is majority leader at that time--2, 3, 4 years from now--
understands that the care for all veterans is what the VA is all about,
and I hope if we need it, we will have the opportunity to bring good
ideas to the Senate floor to fix these kind of things because veterans
are not a partisan issue in the Senate. They are not. I have seen it my
whole career here. I sit on the committee. I sit on the Armed Services
Committee. But for whatever reason, our ability, in a bipartisan way,
to try to improve this bill that we are going to vote on tomorrow was
not granted to other Senators. And I think that was a missed
opportunity because I think we would have made this a better bill.
I yield the floor.
The PRESIDING OFFICER (Mr. Kelly). The Senator from Oklahoma.
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