[Congressional Record Volume 171, Number 74 (Monday, May 5, 2025)]
[House]
[Pages H1815-H1817]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ACES ACT
Mr. BERGMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 530) to provide for a study by the National Academies of
Sciences, Engineering, and Medicine on the prevalence and mortality of
cancer among individuals who served as Active Duty aircrew in the Armed
Forces, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 530
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 ``ACES Act''.
SEC. 2. NATIONAL ACADEMIES STUDY ON PREVALENCE AND MORTALITY
OF CANCER AMONG INDIVIDUALS WHO SERVED AS
ACTIVE DUTY AIRCREW IN THE ARMED FORCES.
(a) Agreement.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall seek to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine (in this
section referred to as the ``National Academies''), under
which the National Academies shall conduct a study on the
prevalence and mortality of cancers among covered
individuals.
(2) Deadline.--
(A) Date.--The Secretary shall finalize the agreement under
paragraph (1) by not later than 60 days after the date on
which the Secretary enters negotiations with the National
Academies with respect to such agreement.
(B) Report; briefings.--If the Secretary fails to satisfy
the requirement under subparagraph (A), the Secretary shall--
(i) submit to the Committees on Veterans' Affairs of the
House of Representatives and the Senate a report that
includes--
(I) an explanation of the reasons the Secretary failed to
satisfy such requirement; and
(II) an estimate of the date on which the Secretary will
finalize the agreement under paragraph (1); and
(ii) not less frequently than once every 60 days after the
date on which the Secretary failed to satisfy such
requirement, provide to the Committees on Veterans' Affairs
of the House of Representatives and the Senate a briefing on
the progress of the Secretary toward finalizing such
agreement.
(b) Study.--The study required under subsection (a) shall--
(1) identify exposures associated with military occupations
of covered individuals, including relating to chemicals,
compounds, agents, and other phenomena;
(2) review the literature to determine associations between
exposures referred to in paragraph (1) and the incidence or
prevalence of overall cancer morbidity, overall cancer
mortality, and increased incidence or prevalence of--
(A) brain cancer;
(B) colon and rectal cancers;
(C) kidney cancer;
(D) lung cancer;
(E) melanoma skin cancer;
(F) non-Hodgkin lymphoma;
(G) pancreatic cancer;
(H) prostate cancer;
(I) testiscular cancer;
(J) thyroid cancer;
(K) urinary bladder cancer; and
(L) other cancers as determined appropriate by the
Secretary of Veterans Affairs, in consultation with the
National Academies; and
(3) determine, to the extent possible, the prevalence of
and mortality from the cancers specified in paragraph (2)
among covered individuals by using available sources of data,
which may include--
(A) health care and other administrative databases of the
Department of Veterans Affairs, the Department of Defense,
and the individual Services, respectively;
(B) the national death index maintained by the National
Center for Health Statistics of the Centers for Disease
Control and Prevention; and
(C) the study conducted under section 750 of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3716).
(c) Report.--At the conclusion of the study required under
subsection (a), the National Academies shall submit to the
Secretary and to the Committees on Veterans' Affairs of the
House of Representatives and the Senate a report containing
the results of the study described in subsection (b).
(d) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual who served on
active duty in the Army, Navy, Air Force, or Marine Corps as
an aircrew member of a fixed-wing aircraft, including as a
pilot, navigator, weapons systems operator, aircraft system
operator, or any other crew member who regularly flew in a
fixed-wing aircraft.
SEC. 3. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF PENSION.
Section 5503(d)(7) of title 38, United States Code, is
amended by striking ``November 30, 2031'' and inserting
``December 31, 2031''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Bergman) and the gentleman from Kentucky (Mr. McGarvey)
each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. BERGMAN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
on H.R. 530, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. BERGMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 530, as amended. The
bill was introduced by my friend and fellow veteran, Representative
Pfluger. This bill would ensure there is trusted medical research
available to pave the way for toxic-exposed military pilots and air
crew to assess their VA disability compensation benefits.
As someone who served as a helicopter pilot in Vietnam, I am troubled
by how many times I have heard from my fellow aviators that military
pilots
[[Page H1816]]
and air crewmen appear to be diagnosed with cancer at much higher rates
than civilians.
Colonel Andrew Shurtleff, who testified before the House Veterans'
Affairs Committee in March, is one of those veterans. He served our
country as an Air Force fighter pilot, and he started fighting stage IV
cancer in 2019 when he was just 41 years old. My prayers are with him
as he continues to battle cancer, and I wish him the very best.
Military pilots and air crewmen across the service branches, like
Colonel Shurtleff, are exposed to chemicals and toxic fumes in confined
spaces every time they fly a mission. However, there is not enough
medical research available for VA to simply presume that their cancers
are related to those exposures. That makes it much harder for them to
access their earned VA benefits. Each one of those veterans has to
prove to the VA that chemicals and toxins caused their cancer.
Many have had to fight the VA system for years before they received
any disability compensation, and many others never received their
earned benefits before they passed away.
H.R. 530, as amended, would ensure that the National Academies of
Sciences, Engineering, and Medicine conducts a study on whether the
cancers suffered by military pilots and their air crew are related to
their chemical and toxic exposures.
The VA needs robust medical research to streamline military air crew
veterans' access to disability compensation, and VA needs it fast, for
today and tomorrow's veterans. My friend from Texas' bill would ensure
that research gets done and that our military pilots and air crewmen
get the answers they deserve.
Mr. Speaker, I urge all my colleagues to support H.R. 530, as
amended, and I reserve the balance of my time.
Mr. McGARVEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise to express my support for H.R. 530, the ACES Act,
as amended, a bill that would task the National Academies of Sciences,
Engineering, and Medicine with studying the frequency and mortality of
cancer among individuals who served as air crew in the Armed Forces.
I can't help but think of some of the giants of aviation our country
has had: Admiral James Stockdale, Chuck Yeager, John McCain, the
groundbreaking Women Airforce Service Pilots or WASPs of World War II,
the Tuskegee Airmen, astronauts, including the crew of Apollo 11. As a
nation, we have been lucky that people of this caliber have stepped up
and stepped into the cockpit.
{time} 1445
Mr. Speaker, these veterans are some of the best our Nation has to
offer. They are expertly trained to maintain, fly, and fight in their
airframes. Aviators get the mission done, and they get it done no
matter what. They do it under pressure, under fire, and under hostile
conditions in the wind and the rain. They sometimes even land on a boat
in the middle of the ocean in the dead of night with no lights. For 365
days a year, they are out there, keeping us safe. Military aviators do
it all, and they do it better than anyone else.
Unfortunately, there is a concerning trend among veteran aviators and
aircrews. They are seeing troubling rates of cancer. Initial studies
have shown increased rates of melanoma and pancreatic, prostate, brain,
and thyroid cancers. The aircrew community also shows alarming
diagnoses of non-Hodgkin lymphoma.
We have both a legal and moral obligation to take care of our
veterans. Unfortunately, these veteran aviators are not getting the
recognition they need and deserve from the VA. Often, these folks are
forced to use their network of fellow veterans to share tips and tricks
to get their care. They move through this new medical world with the
gut feeling that they all could not be ill without their military
occupation playing some role. This is unacceptable.
We need data to help bridge the gap between anecdote and evidence for
aviator cancers so pilots and aircrews can get the care and the
benefits they deserve.
That is what this bill hopes to achieve, and I strongly support it.
Mr. Speaker, I thank the gentleman from Texas for bringing the bill
and for his service, and I encourage all of my colleagues to get behind
this effort. While this is one affected community, we cannot forget the
countless other veterans and families also fighting for their toxic
exposures to be seen and addressed.
I am thinking especially about my constituents who were stationed at
Camp Lejeune or the intercontinental ballistic missile, ICBM,
community, who suffer from cancer rates above nationwide averages;
those who were exposed to radiation while working at the Nevada Test
and Training Range; and veterans exposed to fuels in their water and
molds in their walls while they lived in on-base housing during their
service.
These are all veterans who continue to carry hidden wounds from
service that often don't show up until years after they take off the
uniform.
As we learn of these communities with toxic exposure and illness
beyond the battle, we need to make sure that we have adequate systems
in place to take care of them. This means a fully staffed and funded
Department of Veterans Affairs. This means mental health professionals
are in place to assist these veterans through traumatic and life-
changing diagnoses. This means updated infrastructure in place to care
for these veterans. For those who succumb to their diagnoses, this
means a fully functioning VA to provide end-of-life care with dignity
and compassion. Lastly, it means a VA to deliver for those survivors
left behind, those who carry on through the pain and grief.
Mr. Speaker, I thank all of those who have worked tirelessly to bring
this issue to the attention of Congress. The ACES Act is definitely a
step in the right direction. It is not a fix-all, but it will give
affected veterans a fighting chance. In the near future, I hope we can
do the same for so many other worthwhile populations, as well.
Mr. Speaker, I support this legislation, and I ask my colleagues to
do the same. I reserve the balance of my time.
Mr. BERGMAN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Texas (Mr. Pfluger), my esteemed colleague, an Air Force
pilot, and truly a person who understands and cares about the subject
matter of this bill.
Mr. PFLUGER. Mr. Speaker, I rise today not just as a Congressman but
as a servicemember and friend to advocate on behalf of veterans and
servicemembers fighting a second battle that they never signed up to
fight. This is in support of H.R. 530, my legislation called the ACES
Act, the Aviator Cancers Examination Study Act.
Mr. Speaker, I thank the gentleman from Michigan (Mr. Bergman) for
being willing to give his life and serving in the military as a
helicopter pilot. I thank Chairman Bost, the ranking member, and the
majority leader, Mr. Scalise.
Military aviators and crewmembers are tragically and unfortunately
being diagnosed with various forms of cancer at alarming rates.
According to a 2021 Air Force study and subsequent Department of
Defense research, our aviators have a 29 percent greater probability of
testicular cancer, a 24 percent higher probability of melanoma, and a
23 percent higher risk of prostate cancer compared with the normal
civilian population.
Those aren't the only forms. These aren't just statistics. These are
real lives, real families, and real sacrifices. When brave men and
women volunteer to defend our Nation from the cockpit, they shouldn't
face a second battle against cancer without our full support. This is
why my legislation is so important.
The ACES Act directs the Department of Veterans Affairs to partner
with the National Academy of Sciences to conduct a comprehensive study
on cancer prevalence among military aviators and identify the agents,
chemicals, compounds, and mechanisms in military aviation environments
that may be causing these elevated rates of cancer.
By identifying specific risk factors unique to aviation environments,
we can develop targeted screening protocols for early detection when
treatment is most effective. This means faster access to benefits and
treatment for those diagnosed without the burden of proving their
cancer resulted from
[[Page H1817]]
their service. If every aviator receives specialized cancer screenings
based on their specific exposure risks, countless lives would be saved.
To put this study's profound impact into perspective, picture this. A
melanoma caught early, treated, and cured sends a mom back to her
family. Prostate cancer found before it spreads allows a doctor ample
time to set up a proper and more likely successful treatment plan. A
testicular tumor found and removed in a routine screening designed for
pilots, versus in an emergency room situation, gives the dad a chance
to eat around the table with his family for years to come.
This is what the ACES Act makes possible. As an Air Force fighter
pilot myself for 20-plus years, I fought alongside the best the Nation
has to offer. I have also stood in hospital rooms watching far too many
of my brothers and sisters fight their toughest battles not in the air
but in hospital rooms against cancer.
Today, I am honored to be joined by a group of extraordinary heroes
from our Air Force and Navy, Americans who have raised their hands in
support of our Nation and volunteered to serve as pilots. These
patriots, who defended our skies, are now fighting for their lives. The
ACES Act is for them.
It is for the families of those fighting, who spend countless hours
at the hospitals and treatment centers and surrender everything to care
for their loved ones and keep hope alive.
It is for those who we have already lost, whose names we will always
remember, and who I will always remember in my heart.
It is for my friend, Colonel Andy ``Pablo'' Shurtleff, an F-22
fighter pilot, a brother in arms, who at this very moment is fighting
for his life against cancer. In March, Colonel Shurtleff testified
before the Subcommittee on Disability Assistance and Memorial Affairs,
sharing how a promising career was cut short after a sudden diagnosis.
He explained that an earlier understanding of what causes cancer among
pilots could have led to an earlier diagnosis for him, one that could
have very well been instrumental in his treatment.
The ACES Act has the support of over 20 veteran organizations, cancer
advocacy groups, and medical experts because they recognize what is at
stake.
This isn't a partisan issue. It is about fulfilling a promise that
our country made to those who were willing to serve. It is a promise
that when someone serves our Nation, we will serve them in return.
Every day we wait means more aviators receiving life-altering
diagnoses without understanding why, more families devastated by
uncertainties, and more veterans fighting for the care they deserve. It
is time to acknowledge the true cost of aviation service.
The ACES Act is not just a bill. It is a lifeline for those who have
already given so much for our freedom. It is a moral obligation. It is
a message to every pilot who has ever put on that flight suit to
protect our skies that we see them and hear them and that we are here
to also do the right thing.
Mr. Speaker, when I signed up to run for Congress, this issue was on
my heart. When I signed up as a member of the Air Force, I didn't know
that this was a potential issue. There are groups out there like the
River Rats, led by so many amazing pilots, men and women who were ready
to give their lives, who are now trying to do the right thing. Mr.
Vince ``Aztec'' Alcazar is one of those people who has really led on
this issue.
I know that my colleague from Michigan, the ranking member, and I
know lots of people who were in a situation and are in that situation
now, and the ACES Act is that lifeline.
Mr. Speaker, once we pass this on the House floor today, I urge my
colleagues in the Senate to do the right thing and to act this week.
Let's send H.R. 530 to the President's desk this week and have it
signed into law. Let's do something that many Americans think isn't
possible, and that is act with speed inside the U.S. Congress. Let's
keep our mark up and do the right thing and send this to the Senate,
get it passed, and get it to the President's desk.
Mr. Speaker, I thank the chairman of the House Veterans' Affairs
Committee, Mr. Bost, and the majority leader, Mr. Steve Scalise, for
acting with speed, acting aggressively, and keeping the mark up. I urge
my colleagues to support this legislation.
Mr. McGARVEY. Mr. Speaker, I reserve the balance of my time.
Mr. BERGMAN. Mr. Speaker, once again, I encourage all Members to
support this legislation, and I yield back the balance of my time.
Mr. McGARVEY. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I thank Mr. Pfluger for bringing this bill to the floor,
for his service to our country before coming to Congress, and for
acting on behalf of all of our aviators who have taken off the uniform
and are now fighting a different battle.
Mr. Speaker, this bill is important for everyone who has ever climbed
into or out of a cockpit in our United States military to keep us free.
It will benefit every veteran. I am excited for the veterans in
Louisville, Kentucky, where we have a lot of former aviators as the
home of UPS' world hub. This will help everyone, including those people
in Louisville, Kentucky.
Mr. Speaker, I urge my colleagues to support this bill that is not
only happening quickly but, I will also note, is happening with
bipartisan support. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Bergman) that the House suspend the rules
and pass the bill, H.R. 530, as amended.
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. BERGMAN. 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 motion will be postponed.
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