Burn pits bill fails in the Senate, drawing criticism from Rep. Raul Ruiz

A bill to help Veterans affected by burn pits failed in the U.S. Senate on Wednesday, drawing criticism from Congressman Raul Ruiz, who authored some of the key provisions including one in honor of a local Veteran.

The PACT Act failed to get the necessary 60 votes. The final vote came in at 55 yes, 42 no.

Last month, the Senate passed the PACT Act with an 84 to 14 vote. The bill went back to the House and Senate for a re-vote because of a technical fix the House made to the bill, but the essence of the bill.

Senator Chuck Schumer changed his vote to NAY after it appeared that the bill would not pass and entered a motion to reconsider. This would allow there to be a second vote on the bill at a later date.

Ruiz condemned the Senate, issuing a statement following the vote.

“It’s a disgrace that Senate Republicans are continuing to play politics with the health care and benefits that veterans have earned, deserve, and desperately need. Their partisan games are at the expense of veterans who are sick and dying from their burn pit exposure. Enough is enough. The fight to help burn pit-exposed veterans is not over, not ever.”  

- Congressman Dr. Raul Ruiz

What is the PACT Act?

The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2021 would establish a presumption of service connection for 23 conditions, including respiratory conditions and cancers for approximately 3.5 million veterans who were exposed to burn pits and other airborne hazards.

The bill contains two major components. First, it extends the grace period by which military veterans serving near burn pits can get medical care through the Department of Veterans Affairs. Their eligibility for VA care will double from five years after their discharge to 10 years.

Second, the legislation directs the VA to presume that certain respiratory illnesses and cancers were related to burn pit exposure, allowing veterans to obtain disability payments to compensate for their injury without having to prove the illness was a result of their service. Currently, more than 70% of disability claims related to burn pit exposure are denied by the VA due to lack of evidence, scientific data and information from the Defense Department.

The bill is projected to increase federal spending by about $283 billion over 10 years and does not include offsetting spending cuts or tax increases to help pay for it. An earlier version the House approved in March cost more than $320 billion over 10 years, but senators trimmed some of the costs early on by phasing in certain benefit enhancements.

Those changes brought on board more House Republicans, such as Rep. Mike Bost, the ranking Republican on the veterans panel. He said the latest version also helps ensure the VA has the staff capacity to meet the additional demand it will be facing.

“It reflects bipartisan negotiations and input from VA, who is ultimately responsible for putting it into practice,” Bost said.

Local Veteran Jennifer Kepner

One of the key provisions that Congressman Ruiz included in the bill was the Jennifer Kepner HOPE Act.

Jennifer Kepner was an Air Force medic exposed to toxic burn pits which caused her to develop pancreatic cancer.

In Sept. 2017, Kepner spoke with News Channel 3's John White about burn pits and how she believed they caused her pancreatic cancer.

Kepner lost her battle with cancer in Oct. 2017. She was just 39 years old, leaving behind a husband and two children.

"She and her family faced roadblocks to getting the care that she needed from the (Veterans Affairs)," Rep. Raul Ruiz, D-Coachella, said in his speech on the House floor urging passage of the legislation. "At her kitchen table, she asked me to lead this fight and I promised her that I would."

The House of Representatives originally passed the bill back in March, on what would've been Kepner's 44th birthday.