[Congressional Record Volume 162, Number 164 (Wednesday, November 16, 2016)]
[Senate]
[Pages S6422-S6423]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ACCOUNTABILITY AT THE DEPARTMENT OF VETERANS AFFAIRS
Mr. MORAN. Mr. President, I have the honor of serving with the chair
on the Senate Committee on Veterans' Affairs, and I want to speak
tonight about a set of issues, a circumstance that we have found
ourselves in.
As you will recall, several years ago there was a national news story
and our Nation was appalled to learn that Department of Veterans
Affairs employees from across the country were creating secret waiting
lists that stood between veterans and the care they deserved. Veterans
died waiting for care because of deceptive practices at the VA. In the
wake of that wrongdoing, I called for the resignation of the then-
Secretary of the Department of Veterans Affairs. At that time, I didn't
think things could get worse at the Department, but I was wrong.
In 2014, during the confirmation hearings for the current VA
Secretary, Bob McDonald, he seemed to understand the urgency demanded
by the American people and by their Congress to fix the problems at the
Department of Veterans Affairs. In his testimony, he promised that
``the seriousness of this moment demands action . . . those employees
that have violated the trust of the Nation and of veterans must be, and
will be, held accountable.''
Now, more than 2 years later, with authorities granted by Congress
and signed into law by the President, the Secretary seems to have
forgotten that promise. Time and time again, the Secretary uses a
talking point on accountability, stating ``the VA has terminated more
than 4,095 employees'' since he arrived. The real number of
terminations is three. Only three people have been discharged from the
VA for their misconduct, and another 12 to 15 are ``potential removals
or demotions.''
What the Secretary hasn't said is that thousands of those
terminations were actually employees placed on paid leave, thereby
racking up $23 million to pay the salaries of 2,500 VA employees who
weren't actually working. The opportunity for the Secretary and for the
VA to hold bad actors accountable has been squandered.
The terrible part of this is that Americans have been misled. The
accountability the VA created in the wake of the scandal about the fake
waiting lists has generated further disappointment and scandal due to
the mismanagement and manipulation. Instead of firing people, Americans
are paying bad actors to do nothing or, worse yet, they have been
transferred to other facilities to continue bad practices. The morale
of the vast majority--a huge number--of hard-working people who work
for the VA, many who are veterans themselves, has to be harmed as they
care for veterans every day and suffer in this culture of corruption.
In Kansas, my home State, we face one of the worst examples of a VA
employee violating the trust of a veteran. Yet the VA seems to have no
sense of urgency in holding this person accountable or committing to
fixing the process that enabled this individual to do what he did.
In 2015, we learned from newspaper reports--certainly not from the
VA--that a physician assistant at the Leavenworth VA hospital, Mr. Mark
Wisner, had been sexually abusing veteran patients. Shortly after that
news broke, the Leavenworth county prosecutors charged this individual
with multiple counts of sexual assault and abuse against numerous
veterans. We learned, as the story unfolded, that he had targeted
vulnerable veterans suffering from PTSD. He prescribed opioids that
inhibited their thinking, and he used his position to deepen the wounds
of war rather than healing them.
I will share a quote from two Army veteran brothers who were patients
and felt they had no choice but to continue seeking the care or lose
the health care benefits they had earned. One of them said: ``The fear
of losing what I had earned [in benefits] versus the fear of being
sexually assaulted again, I don't know which one was more important.''
Imagine the desperation of a veteran trying to answer that question.
Again, what is so troubling about this situation is that Mr. Wisner
should never have been hired by the VA in the first place. As we add
injury to insult for these veteran victims, he was not fired after he
admitted the abuse. He was allowed to retire, and his voluntary
retirement means he receives certain benefits that he might not
otherwise received if he had actually been fired.
According to publicly available documents, Mr. Wisner indicated on
his application for licensure that he had been convicted of a crime,
and further information indicates the crime and convictions were lewd
in nature. Yet he was hired.
It is infuriating--it is worse than infuriating--that a person with a
criminal record, convicted of a lewd crime, was still hired to be at
the frontlines of veteran patient care. When the VA was asked about his
criminal record, they indicated that background checks are contingent
upon ``the position's risk level'' and that physician assistant
positions were considered ``low risk'' and didn't require an exhaustive
background check.
In my view, a practitioner in patient care should be held to the
highest standards of excellence and should receive an exhaustive
background check. How can a position in patient care be considered low
risk at the VA?
Fortunately, as I said, I serve with the Presiding Officer on the
Committee on Veterans' Affairs, and I had the opportunity during one of
our committee hearings last September--just a few months ago--to
question Secretary McDonald about the background check process and why
Mr. Wisner was hired with a known criminal background. The Secretary's
response was ``there was nothing in his file that suggested that there
was a risk.'' He also suggested that I had different information than
he did--than he, the Secretary, did--which is hard to believe because
the documentation I was reading from, the circumstances I was
describing, came directly from his own Office of Inspector General.
I have also sent the Secretary a letter with more than 20 questions
about this situation, hoping I could receive substantive answers to
those questions. More than 2 months passed until I received a response
last week from the Under Secretary for Health. Actually, I was hoping
to learn something from that response about the VA's commitment to
fixing their hiring practices, not a canned answer regarding the VA's
current process for background checks. Certainly, the 20 questions
asked of the Secretary remain unanswered. They remain unanswered
regarding why the VA's credentialing process failed to catch Mr.
Wisner--a convict. Does the VA not consider lewd crimes or convictions
in an applicant's file as a risk to veterans? The responses have been
unacceptable. The lack of response has been unacceptable.
Also unacceptable are the circumstances surrounding Mr. Wisner's
separation from the VA. Instead of an immediate termination,
unbelievably, he was permitted to retire with full benefits. When the
VA police received a complaint about Mr. Wisner in May of 2014, they
alerted the VA inspector general. Wisner was removed from patient care
and placed on paid administrative leave while the IG conducted its
investigation. Some days later, in an interview with the VA inspector
general's special agent, Wisner admitted he ``crossed the professional
line'' and that he engaged in ``unnecessary and inappropriate behavior
of a sexual nature.'' Mr. Wisner made no attempt to hide his actions,
stating that he ``knew what he was doing to these patients was wrong
and that he had no self-control.''
Despite confessing to these horrible and illegal actions, Mr. Wisner
continued to be an employee of the VA for 37 more days, giving him
enough time to beat the VA to the punch and seeking and receiving
retirement on June 28, 2014. One would think the moment a VA employee
admits to violating or abusing a patient, a client, or a coworker would
be the moment their paycheck would end and they would no longer be
employed; that there would be zero tolerance for such egregious
conduct.
Grounds for immediate termination clearly existed from Wisner's own
confessions. Yet he was able to gather all his personal documents and
submit his
[[Page S6423]]
retirement paperwork to the VA to guarantee his retirement benefits--
benefits, incidentally, that millions of veterans continue to wait for
years and decades to receive.
There are so many factors about this situation that are troublesome,
upsetting, and disgusting, but most importantly our veterans themselves
are distraught. The VA failed to protect them from a sexual predator.
They were taken advantage of and they are hurting. One victim took his
own life, troubled by what happened to him.
Wisner's termination void of retirement benefits maybe would have
brought a small measure of justice to the victims. Despite having more
than enough justification and the authority to fire Wisner, the VA
chose to do nothing, and that inaction sends a very strong and
disappointing message not only to our veterans but to the VA employees
who are looking to the VA to have their best interest and the best
interest of patients they care for, our veterans, at heart.
Our veterans are expecting the VA to live up to the ``I CARE'' values
created by the Secretary. Secretary McDonald announced the I CARE
Program, and I can tell you that veterans in Kansas would agree that
the VA did not demonstrate integrity, commitment, advocacy, respect or
excellence in these circumstances.
When given the opportunity in a hearing and in writing, the VA's top
executives are unable to put at rest not just my mind but the minds of
veterans back home in Kansas. Veterans deserve a heartfelt, thorough
examination, a thorough explanation of what went wrong and what is now
being done to make certain that it never happens again.
Our local VA folks in our State have done what they can do to reach
out to veteran patients. The stories continue to grow. Veterans
continue to come forward. However, this is a serious and significant
incident. The serious and significant incidents require more than just
outreach. They require more than just what can happen in Kansas. They
require an engagement by the top leadership officials at the Department
of Veterans Affairs.
The VA's refusal to admit fault or commit to remedying this situation
gives little confidence to Congress and, more importantly, to veterans
who are being asked to trust the Department that failed to protect
them. It appears the Secretary has forgotten his promise made over 2
years ago to uphold the ``seriousness of the moment,'' to hold those
responsible for bad behavior accountable. There could be no more
serious moment. There could be no more serious moment of recklessness
by the VA than the abuse of a veteran by its own employees.
I yield the floor.
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