Behind the scenes: the PACT Act

Pop Smoke Media editors, Daniel Sharp (left) & Jamie Goldstein (right) with comedian Jon Stewart (center) – 5/28/2022

In December, 2019, former President Trump signed 2 bills, by Congressman Raul Ruiz, M.D. (CA-36), to:

• Require the Department of Defense to submit an implementation plan to Congress to phase out the use of burn pits.
• Require the Department of Defense to compile a detailed list of all locations where the military used toxic burn pits

This was huge, but more needed to be done.

In January 2020, I was invited by Rosie to join a few Veteran Service Organizations (VSO) who were meeting with elected officials. There were about 2-3 dozen people packed into a meeting room in the US Capitol. I was humbled by the wealth of “talent” that was in attendance.

I looked around and saw the room filled with C-suite level players of massive companies and heads of well-known organizations. Apparently, everyone wanted a piece of this action. I also saw grim faced Veterans who wore the physical effects of their toxic exposure. White knuckles gripping medical devices said this was more personal for them.

The meeting began and tempers immediately ran hot as various plights were trumpeted. Cooler heads reminded the ensemble that no one there needed convincing of the argument’s merit.

This was a war council; its sole purpose was to determine how we win.

The room where it happened

The day ran long, and I eventually found myself with a small group that included Tim Jensen (Co-Founder of Grunt Style), Congressman Raul Ruiz, M.D. (CA-36), Senator Kirsten Gillibrand (NY), activist John Feal (Founder of the FealGood Foundation), comedian Jon Stewart (mega star who shamed Congress into passing the Zadroga Act), and Rosie.

She dominated the room with her presence and resolve. Her story invoked strong emotions in us all, describing her decade long struggle to get justice for her husband. Over the years, she had door after door slammed in her face, and I felt ashamed for not knowing about her silent fight sooner.

The Congressman and Senator asked Tim and I the about the finer points of what Veteran’s needed out of a potential health care bill. We each recalled our personal experiences with burn pits in Iraq. I described how things were different for me in Iraq vs Afghanistan.

We also explained what certain military terms meant, and how an incorrect phrase could end up excluding sick Veterans who had specific scenarios. I had no hand in any of the budget planning or financials. I just answered questions from the perspective of a combat Veteran who randomly had 3 pulmonary embolism the VA insists are not service connected.

Jon Stewart cursed the system and lamented how Veterans were dying. He said every day Congress delays in passing the bill, it gets cheaper because Veterans were dying. He promised we would get results, that we would make them hear us. Something in his confidence made me believe him.

I know what you’re all dying to know. Yes, government served sandwiches, and they were amazing.

Signal boost

The “Burn Pit Bill” was drafted after that meeting, but the effort met hurdles and near endless opposition. For two years I wrote dozens of articles about burn pits. I called, e-mailed, and visited, dozens of elected officials. I had personal conversations with Congressman Rob Wittman (VA-01), Senator Joni Ernst (IA), and others, about the need for toxic exposure health care. We talked about it frequently on the Smoke Pit Podcast, and I talked about burn pits on nearly every podcast I was invited on.

Rosie and I had a handful of meetings with the staff of various elected officials. Some were more helpful than others. Some flat out told us they would not contribute at all and would wait until there was a vote to decide their position.

Many nights were filled with silent frustration and the feeling of betrayal during this time. I couldn’t imagine how Rosie, and her husband Le Roy, had done this for over a decade. Adding to the stress, opponents erroneously regurgitated fallacies about what things would cost or what would be done with the money. Partisan politics was being placed over the care of our nation’s warriors.

The dirty word: Presumptive

What I wanted to see changed most was the inclusion of presumptive conditions. If someone quickly passes away after sustaining a gunshot wound to the heart, you can make the determination the gunshot was to blame. The waters are a lot murkier when it comes to various cancers. It is much harder to definitively prove the source of cancer, and the VA arrogantly hid behind that fact. Staffers feared this would make the bill too expensive, and too hard to pass. One even called allowing presumptive illnesses “opening the flood gates.”

I frequently engaged in respectful discussions and vocalized my position that previous bills were the bedrock we built our efforts on. The Blue Water Navy act had a presumption of herbicide exposure to various maladies. We needed something like that for burn pits.

Marking LZ, popping smoke

One day, I got a message from a follower on the Pop Smoke Media Instagram. It was a picture of a mailer from the VA talking about toxic exposure. The message read “You did it broski!” The VA had begun talking to vets about what burn pits did to your health. I replied that I was only a small cog in the effort, and we still had a long fight, but it felt good to see the rock had slowly begun to run downhill. This would save lives.

In 2021, Congressman Ruiz got several bills passed as part of the National Defense Authorization Act (NDAA). These included:

• The DOD Burn Pits Health Provider Training Act, which would require DOD to implement mandatory training for all medical providers working under DOD on the potential health effects of burn pits.
• The Reducing Exposure to Burn Pits Act, which would require DOD to include in their budget request to Congress an estimate of funding exclusively dedicated for incinerators and waste-to-energy waste disposal alternatives to burn pits.
• The Burn Pit Registry Expansion Act, which would require DOD and VA to expand the Burn Pits Registry to include Egypt and Syria.

All hands report for duty

I was amazed by his efforts, and equally stunned by the lack of effort from many Veterans elected to the House and Senate. I’m in the business of helping Veterans, not making enemies, but I will say the staff of one popular Veteran flat out told us this was not an issue that would negatively impact their election campaign so they did not have the desire to contribute. Their boss would go on to vote “Nay” on the bipartisan bill that would eventually become law.

It always amazed me how quick people were to criticize, without even trying to contribute anything to the solution.

The final stretch

The last few months were a blur, and Pop Smoke Media went blue in the face asking our audience to read the PACT act, call their elected officials and demand action. After years of work, we finally saw the bill pass the Senate.

Immediately, the soap opera that is the American political system produced a few tense moments. Admittedly, I’m still not exactly sure why the PACT act had to pass the Senate *multiple* times, and at this point I’m afraid to ask.

Tim Jensen led a group of Veterans in camping on the steps of the Capitol for several days before the final vote. The subsequent media attention was 11th hour effort that may have swayed the few politicians that flip-flopped on their previous position. The final vote was 86-11.

Veterans pulling PACT Act Fire Watch on the steps of the Capitol urging Senate Republicans to “get on the winning team” and vote yes on the PACT Act. (Phone Credit: Paul Sullivan)

Promises made, promises kept

Despite all the hurdles, misinformation, and setback, President Biden signed the Honoring our Pact Act into law, with Rosie and Le Roy standing by his side.

As the dust settled, Americans did something they routinely do. Allies and critics all gathered to celebrate the massive step in the right direction. The bill may not be perfect in everyone’s eyes, but it is the biggest victory for the Veterans suffering from toxic exposure. Politicians on both sides of the aisle have called it a success. I would highly encourage you to be skeptical of any selfie rant videos attempting to explain how this was a political gimmick by one party (when the majority of both parties voted for it), and read the bill in its entirety by clicking here.

As for our part, we were merely one small component of this colossal effort. We are proud of our community and mourn those who passed waiting for this day to come. To see what the PACT act means for your benefits, click here.

Editors note:

As we have done so often, Pop Smoke Media will continue to find good causes to support. We routinely battle against toxic leadership, inaccessibility to mental health, intra-unit harassment/assault, unlivable barracks conditions, and other struggles facing Vets and those currently serving. Injustice in the military has metaphorically become our Moby Dick. In combat, we would die for each other. Now that we are home, to see brothers and sisters needlessly suffering feeling like looking directly into the eye of that accursed whale.

“To the last, I grapple with thee; From Hell’s heart, I stab at thee; For hate’s sake, I spit my last breath at thee.” -Herman Melville

I’m not asking you to become the peg-legged embodiment of vengeance. Just asking you to occasionally call your Senator and hold them accountable. There’s always money for war, they can spare some to care for our greatest military asset: the warrior.

To those unsatisfied with this story, I encourage anyone to follow the blueprint set forth by Burn Pits 360. They proved faith can move mountains. Walk the halls, be the change. If your intent is noble, let us know and we will follow you.