Letter to Charles T. Hagel, Secretary of Defense - Incinerators in Afghanistan

Letter

In this letter to Secretary Hagel, Congresswoman Speier expresses her concern over the millions of dollars in wasted taxpayer funds and the adverse health impacts caused by the construction and use of incinerators and supporting facilities that will never be used at forward operating base (FOB) Selarno in Afghanistan, as revealed by a recent report by the Special Inspector General for Afghanistan Reconstruction (SIGAR). She calls on the Secretary to explain actions taken by DOD to consider alternatives to the burn pits which are costly and dangerous to human health.

The Honorable Charles T. Hagel
Secretary of Defense
1000 Defense Pentagon
Washington, DC, 20301-1000

Dear Secretary Hagel:

I am writing to express concerns that $5.4 million was wasted on constructing incinerators and supporting facilities that will never be used at forward operating base (FOB) Selarno in Afghanistan, as revealed by a recent report by the Special Inspector General for Afghanistan Reconstruction (SIGAR). But far more disturbing than this waste is FOB Salerno's and U.S. Forces-Afghanistan's failure to develop and enforce a contingency plan to protect our troops' health. Instead, our troops will continue to be exposed to the health risks created by open air burn pits, in violation of Department of Defense guidelines and U.S. Central Command regulations. I am worried that the real costs of this waste will be borne by the troops exposed to these toxins and their families.

Troops exposed to open air burn pits in Iraq and Afghanistan have returned home with irreversible lung diseases, chest pain, bronchitis, memory loss, gastric pain,and other severe illnesses. A 2011 Army memo confirmed the concerns of these troops and their families, finding "the long term health risks associated with air conditions…indicates there is a potential that long-term exposure at these levels may increase the risk for developing chronic health conditions such as reduced lung functions or exacerbated chronic bronchitis, chronic obstructive pulmonary disease (COPD), asthma, atherosclerosis, or other cardiopulmonary diseases."Due to these health risks, Congress has an enduring interest in protecting the welfare of our troops and veterans by minimizing the use of open air burn pits.

The U.S. Army Corps of Engineers' (USACE) process for the incinerators acquired from Yuksei-Metag-Tepe-Yenigun-Zafer Joint Venture, a Turkish company, seemed to reflect poor planning and weak management efforts to protect troop health.First, there were not enough incinerators to meet the base's waste disposal needs. Even if these incinerators had been used, the security and operational restrictions limiting incinerators to daylight operations would have made it impossible for FOB Salerno to meet their waste processing requirements. Second, FOB Salerno officials failed to consider and appropriately plan for the costs of using the incinerators. I am alarmed that FOB Salerno officials did not anticipate the potential costs of operating these incinerators in their planned acquisition, and that it was only after $5.4 million was spent that they determined that the incinerators and supporting facilities would not be included in the operation and maintenance contract.

I am also concerned that internal USACE engineering regulations and actions taken conflict with federal acquisition regulations designed to protect taxpayers from paying for deficient goods. Specifically, I question why USACE would accept and close out a contract without first requiring the contractor to remedy rusted housing on electrical motors mounted on the sides of the incinerators, leaking hydraulic lines on one of the incinerators, missing pipe insulation, and a missing guardrail for the incinerators' bilge access pit.

Finally, I question the lack of action to protect troop health and safety. Even though FOB Salerno officials determined using the incinerators was not financially feasible in June 2012, they did not develop alternative plans to protect troops until January 2013. These plans will also not be executed, and as a consequence FOB Salerno will continue to use open-air burn pits until the base is closed. It also appears that FOB Salerno has yet to develop a cost effective plan for disposal of the unused incinerators. While I appreciate that there are security concerns that limit the alternatives available to FOB Salerno,I think the failure to develop other options creates unconscionable risks to the health of our troops stationed there.

To help understand the actions the Department is taking on this issue, please answer the following questions:

1. How did U.S. Forces Afghanistan determine that there are no alternatives to open air burn pits?

2. Are there any measures that can be taken to reduce troop exposure to open-air burn pits, including more stringent enforcement of Department of Defense policy and U.S. Central Command regulations?

3. Are there other bases in Afghanistan that exceed 100 U.S. personnel for 90 days that have also been granted waivers to continue to allow the use of burn pits to dispose solid waste and garbage?

4. What information are troops at FOB Salerno receiving regarding the possible health risks of exposure to open air burn pits?

I thank you for your attention to this matter. I know that you share my concerns about the safety and health of our troops in Afghanistan and will want to take immediate action. If your staff has any questions regarding this request, please contact Mandy Smithberger from my staff at (202) 225-3531.

Sincerely,

Jackie Speier

Member of Congress

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