WRAL Investigates

'Quit playing political games with people's lives': Bill to help veterans exposed to toxins falls in US Senate

The U.S. Senate has voted against a revised version of the Honoring our Pact Act after voting in favor of it in June.

Posted Updated

By
Cullen Browder
, WRAL anchor/reporter

A month after the U.S. Senate gave approval to a bill that would have provided more benefits to veterans exposed to toxins, the same group of lawmakers voted down the measure following corrections from the House.

More than two dozen Republicans who supported the Honoring our PACT Act, last month voted against the new version of the bill.

On Wednesday, 55 senators voted in favor of the concurring House amendment, 42 senators voted against the motion and three senators abstained from voting. The motion required three-fifths majority to pass.

Both North Carolina Sens. Thom Tillis and Richard Burr voted down both versions of the bill – both in June and on Wednesday – despite helping craft the law to protect veterans.

Tillis rejected the law because it directed the Veterans Administration to oversee the implementation of the act. The VA, in its own words, told lawmakers it was already overburdened with current obligations.

For years, WRAL Investigates has exposed long waits for health care appointments for veterans, as well as a new program to allow veterans to see outside providers. That new program has also been plagued by problems with veterans receiving collection notices because the VA wasn't paying providers.

In a statement to WRAL Investigates, Tillis wrote the following:

“I have long been involved in addressing the issue of toxic exposure, ensuring toxic-exposed veterans receive the care and benefits they have earned and deserve,” Tillis wrote. “I strongly support the goal of the PACT Act and I drafted large portions of the legislative text.

“The package includes the TEAM Act, legislation I introduced that establishes an enduring, scientifically-backed framework for determining past, present, and future presumptions. Additionally, this legislation includes the Camp Lejeune Justice Act, introduced by Sen. Burr and myself. Congress has an obligation to ensure the VA can effectively and efficiently implement any comprehensive toxic exposure legislation and, unfortunately, I continue to have reservations about the Department’s ability to do so.

“While well-intentioned, the PACT Act creates new promises to veterans while breaking existing ones, which is why I could not support its passage. Just this week, I listened to Secretary McDonough describe the challenges the VA is facing in meeting current obligations and it’s clear that the Department does not have the capacity to properly implement the PACT Act. This legislation will have adverse operational and administrative impacts, and I remain concerned that it will result in increased wait times, delays in receiving care, and a substantial increase in the claims backlog. I fully expect that in the coming years, Congress will be forced to make substantial changes to account for these unintended consequences.

“This is why I advocated for a bipartisan amendment process that would have undoubtedly strengthened this legislation and ensured that the VA was fully prepared for implementation. However, Majority Leader Schumer refused to allow improvements to the bill to be considered. Despite this, I look forward to continuing to work with my colleagues and the VA to ensure these operational impacts are mitigated in the coming years.”

Burr has yet to provide a reason for his rejection of the legislation, despite multiple requests from WRAL Investigates, including a request on Thursday.

In June, the bill was heading to President Joe Biden's desk after passing the House and Senate. It got sent back to the House for the formality of a final concurrence before heading to Biden. House lawmakers brought up a blue slip issue because the bill contains a tax provision. After the House passed a revised version, it got sent to the Senate, where it got voted down on Wednesday.

The Honoring our PACT Act would have helped several groups of veterans WRAL Investigates has profiled. They include those exposed to toxic burn pits most recently in the Middle East, service members who helped clean up islands used to text atomic bombs, so-called Blue Water veterans exposed to Agent Orange off the coast of Vietnam, as well as Camp Lejeune Marines and their families who were provided drinking water tainted with cleaning solvents for decades while on base.

Retired Marine Jerry Ensminger has led the fight for years for the government to admit and pay for the tainted drinking water that killed people or caused life-threatening cancers. WRAL Investigates spoke with him in June following the bill's initial passage. His tone now is much different following the latest unexpected vote in the Senate.

In a statement, Ensminger wrote:

"It's beyond my comprehension why the Republican party is positioning themselves as ‘anti-veteran’ right before a midterm election! 25 Republican Senators who voted for this bill just a few weeks ago, voted against it yesterday! It's time for these people to quit playing political games with people's lives. More than 90% of those who voted against this bill yesterday have never served a single day in our military. Most of them have voted to send our troops to war, now they don't want to responsible for the end results of those votes. Our troops did their duties, it's high time these politicians do theirs...this literally makes me sick to my stomach!"

Ensminger's daughter Janey died at the age of 9 from leukemia, which is among the cancers now scientifically linked to the drinking water.

The Honoring our PACT Act not only spells out the illnesses related to toxic exposure by veterans, it also allowed Camp Lejeune families to sue for compensation. For years, many veterans ran into repeated legal roadblocks when they tried to sue, with dozens of lawsuits getting thrown out in court or attorneys refusing to take their cases.

Following the act's initial passage in June, law firms flooded airwaves and online ads to recruit clients. As one attorney told WRAL Investigates, "There's a bunch of money there."

For now, though, the money will have to wait. Sen. John Cornyn, R-Texas, who voted for the bill, blamed Democrats for the bill's failure. However, he's confident a more fiscally-responsible version will eventually pass.

It’s unclear whether passage of such legislation will happen before more veterans die from their service-related toxic exposure.

 Credits 

Copyright 2024 by Capitol Broadcasting Company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.