[Congressional Record Volume 160, Number 76 (Tuesday, May 20, 2014)]
[Senate]
[Pages S3165-S3166]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             VA HEALTH CARE

  Mr. UDALL of New Mexico. Next Monday is Memorial Day, a day when we 
remember the men and women who gave their lives defending our freedoms, 
a day to remember our solemn obligation to veterans. I rise today to 
speak about that obligation and about very troubling allegations that 
should outrage all of us, of sick veterans desperate for care, of 
secret scheduling lists, of mismanagement at Veterans Affairs medical 
centers, and of coverups and misuse of taxpayer funds.
  If true, this is a great disservice to our veterans. This is not 
quality care, it is betrayal. It is unconscionable, whether it is only 
one facility, such as the facility in Phoenix, or more, or in

[[Page S3166]]

New Mexico and other facilities. For many people this story began in 
Phoenix, AZ, but I do not think it ends there.
  I asked Secretary Shinseki on May 8 to extend the investigation to 
cover the entire regional network, which includes Arizona, New Mexico, 
and Texas. The next day Secretary Shinseki announced an audit of the VA 
nationwide. Today, the VA appropriations subcommittee marked up an 
important bill to fund the Department of Veterans Affairs and to 
address these allegations. I am thankful to Chairman Johnson and 
Ranking Member Kirk for including a key provision I requested to 
provide funding to expand the VA inspector general's investigation, and 
calling out New Mexico as one of the States that urgently needs the 
attention of the inspector general.
  These secret waiting lists, according to whistleblowers, were efforts 
in deception and fraud, hiding management failures. They kept 
appointment requests out of the VA computer system in order to cover up 
a waiting list to see a doctor, preventing veterans from receiving 
necessary care.
  At worst, this deception not only kept veterans waiting but may have 
contributed to the death of some who were very sick. There are also 
reports that allege these efforts to manipulate the schedule were taken 
to make managers look better to receive bonuses, bonuses that were 
supposed to have been awarded for meeting high-quality care standards, 
not for failing them.
  If true, this is tragic and possibly a serious crime. Thankfully, the 
appropriations subcommittee has taken action to freeze this bonus 
system while the investigation continues. I hope the full Senate will 
move quickly to do the same, to eliminate bad incentives which hurt our 
veterans.
  If managers hide the extent of the wait times at the VA, then 
Congress does not have the right information to allocate resources to 
address need. Lives are at stake. We are talking here about veterans' 
lives. VA Assistant Inspector General John Daigh testified before the 
House Committee on Veterans' Affairs regarding a facility in South 
Carolina. He said, ``Over 50 veterans had a delayed diagnosis of colon 
cancer, some of whom died from colon cancer.''
  GAO's Director of Health Care Debra Draper also testified about 
ongoing and past issues with the VA causing veterans to receive delayed 
care and delayed appointments. The GAO cited these shortcomings in a 
2013 report and also made multiple recommendations to the VA on how to 
address them.
  Ms. Draper noted that the VA has not yet enacted their 
recommendations and that the VA still has work to do to fix problems 
spelled out in the GAO report. The GAO concluded that:

       Ultimately, VHA's ability to ensure and accurately monitor 
     access to timely medical appointments is critical to ensure 
     quality health care to veterans, who may have medical 
     conditions that worsen if access is delayed.

  The GAO report speaks to a bigger picture, one we should not lose 
sight of, and that is the ongoing problem with scheduling gimmicks, 
with ways to game the system, first identified by the VA itself in an 
April 2010 memo. These practices have led to delayed appointments and 
care. This is not an allegation, this is a fact.
  Congress and the VA need to continue to work together for 
transparency, for accountability, and for real solutions. The 
allegations being investigated are very disturbing. This is not just a 
failure to provide timely care--that is bad enough--but also an 
intentional effort to cover up that failure by creating separate 
scheduling lists and gimmicks and harming veterans as a result.
  These allegations are serious and we take them very seriously for 
every veteran in this country. For every man and woman who puts their 
life on the line to defend this country, a full inspector general 
investigation is essential. In some cases a criminal investigation may 
also be needed. We need to find out what is truly happening at our 
veterans' medical centers. This investigation should be thorough. It 
should be exhaustive. It should uncover the truth and it should hold 
those responsible accountable.

  I also want to commend those who brought these concerns to the public 
and send a clear message to them: Congress will not tolerate 
interference or harassment with public servants who simply are trying 
to get out the truth, trying to do their job, and doing the very best 
to serve our veterans. The Whistleblower Protection Act is very clear: 
If you retaliate against an employee who is trying to expose the truth, 
then you are in the wrong.
  Congress and the President should speak with one voice: We will not 
tolerate actions to retaliate against VA employees or contractors who 
shine the light on the truth.
  Similarly, no one in the VA should be destroying or hiding any 
evidence of these practices. Destruction of a Federal record can be a 
crime.
  VA managers should come clean, not cover up. I urge any New Mexico VA 
patient, family member, current or former VA employee, to report 
serious management problems to the VA inspector general either directly 
or through my office.
  To those employees who continue to provide quality care to our 
veterans, this is not about you. Overall, the VA does provide great 
health care. I have heard from veterans who have testified to this 
fact. Many veterans would not go anywhere else. We must act quickly and 
decisively to restore faith in the VA and provide the care our veterans 
deserve.
  Today, the Appropriations Committee took a step in the right 
direction to expand the investigation and halt the bonus program. I 
look forward to continuing this work with the full Senate and also with 
the administration. All of us who work to support our troops and our 
veterans have a sacred obligation to make sure they have the care they 
have earned. They have been there for us; we have to be there for them.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from South Carolina.

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