Mr. President, as Paul Harvey used to say on the radio: Now the rest of the story. We just heard a very glamorous description of bipartisanship and benefits that have been not provided equitably to veterans. What I would like to do is try…
Mr. President, as Paul Harvey used to say on the radio: Now the rest of the story. We just heard a very glamorous description of bipartisanship and benefits that have been not provided equitably to veterans. What I would like to do is try and focus on reality and discuss what is actually in the bill, what is not in the bill, and what was the intent of Congress. What is the shape of the Veterans Administration?
I will start with one very important thing. My colleague pointed out that most of the veterans organizations support this bill. He is, in fact, correct. I will read from an editorial written by the CEO of Concerned Veterans of America. I won't read the whole thing and bore the President or those who listen, but he says:
But given the vast scope of this bill, we should be
skeptical. In recent years, the VA, which will take on a wide
range of expanded responsibilities should this bill become
law, has come under fire for dysfunctional management and
poor service to veterans. If the VA is already failing to
meet its obligations to veterans, is it wise to extend its
mission even further? Of course not. And while we need to
restore the shortsighted cuts to the military pensions, there
are more narrow ways to address these cuts, such as Sen.
Kelly Ayotte's (R-N.H.) military pensions bill, S. 1977.
It's troubling that under this bill, VA services would be
expanded far beyond veterans with combat injuries and
service-connected disabilities, fundamentally changing the
founding mission of VA. This will only flood the VA system
with new claimants, many of whom would be better served by
health coverage in the private insurance market.
Veterans seeking VA care already face wait times of months
and even years; further expanding eligibility to veterans who
would be better served by other healthcare options will only
stretch the VA to its breaking point. There is also currently
no cost estimate of this massive expansion.
Meanwhile, there is another compelling question of costs.
Sanders has proposed shifting funding from the Pentagon's
Overseas Contingency Operations to pay for these expanded
veterans priorities. But taking funding from the men and
women serving in Afghanistan and elsewhere is shortsighted
and could otherwise endanger their lives. That approach will
likely meet a chilly reception in the House of
Representatives, and justifiably so.
This means that Sanders' $30 billion bill would be paid for
through the accumulation of additional debt. The CVA has been
clear that Washington needs to ``cut debt, not vets.'' With
$17 trillion in debt and massive annual deficits, our country
faces a fiscal crisis of unparalleled scope. Now is not the
time, in any federal department, to spend money we don't
have.
To be sure, there's much to like in the Sanders bill. And
if those components were presented as separate, smaller
bills, as part of a carefully considered long-term strategy
to reform the VA, hold leadership accountable and improve
services to veterans, we would have no problem extending
enthusiastic support.
As with so many bloated legislative projects in today's
Washington, the overreaching and overpromising in this bill
will only lead to disappointment and recriminations as the
high costs and unanticipated consequences are revealed. That
will be followed by demands for an entirely new round of
``comprehensive'' reform, and the cycle will begin anew.
Congress should go back to the drawing board, assume a more
modest approach and take up these proposals on an individual
basis. That's the better path to achieving enduring and
effective reform of, and accountability for, the services we
provide to our veterans.
I point that out because he is a CEO of a veterans organization. Not all veterans organizations agree that more is necessarily better and that to blindly add to the system is not necessarily good.
My colleague mentioned that there was a 5-year implementation. I have the legislation right here. It is title 3, subtitle A. Expansion and improvements of benefits generally, requirements for enrollment in the patient enrollment system of the Department of Veterans Affairs of certain veterans eligible for enrollment by law but not currently permitted to enroll.
It goes through all the subsections and basically says the Secretary shall provide for the enrollment in the patient enrollment system of veterans specified in paragraph 2 by no later than December 31, 2014.
Well, in section 2, veterans with noncompensible service-connected disabilities rated as zero percent disabled who are not otherwise permitted to enroll in a system as of the date of enactment of the Comprehensive Veterans Health and Benefit Military Retirement Pay Restoration Act of 2014--under this section they do not have access to health insurance except through a health exchange.
My colleague sat on the floor and begged me not to talk about the Affordable Care Act. The Affordable Care Act is in his bill. It is referenced in his bill.
Now, get this: The Affordable Care Act has been portrayed as the solution to the health care problem in America. Forget for a minute the fact that premiums have increased for practically everybody in America--90 percent have seen increases. The $2,500 savings per family is a wish, a hope, and a dream.
My colleagues think so much of the Affordable Care Act that if the only choice for a veteran is the Affordable Care Act, then they can opt to go into the VA. If the Affordable Care Act and the exchange are so good, why would we want to shift them from something good into something that is questionable, based upon what the editorial said.
My colleague said the VA has the best health care system in the world. It does. The hospital system has been rated high practically every year it has been rated. I made the statement yesterday: Why would we take a system that is broken and stuff more people into it? Why wouldn't we focus the debate on how to reform the system?
This is one year's worth of inspector general reports on health care facilities, over 40 healthcare inspections reports that have been released by the inspector general. I can tell my colleagues what is in front of the VA. They can't even get their hands around their own inspector general's report. These are deaths of veterans. These are individuals who used somebody else's insulin pen. This is legionnaires disease. This is a system that drastically needs reform. This is not a Member of the Senate making an accusation, it is the inspector general of the Veterans' Administration and all of these reports from 12 months. Yet we are talking about a massive expansion of the Veterans' Administration, where the chairman says: Oh, they have 5 years to do it.
I am reading the legislation. There is no 5 years. There is a specified expansion of who is included in it, and it says the Secretary will do it by December 31, 2014. If the phase-in is there, then the chairman can come down and read me the language where it says 5 years. I am certainly not trying to mislead anybody, although I am trying to make sure we get the facts on the floor of what this legislation actually does.
The chairman talked about bipartisanship. He is correct. Quite a few of the bills in his package are my bills, and they passed out of committee with unanimous support. Incorporated in his bill are 143 provisions, 26 of which are Republican. I have never judged whether I liked the bill based upon how many of my proposals were in it or how many proposals from my side of the aisle were in it; I base it on what is in the bill. What are the policies? What is our intent? Do we accomplish that in the language of the legislation?
Let's look at it for just a minute. There are no reforms--zero. Zero reforms are in the bill. It is a massive expansion of individuals in the system. As a matter of fact, under this piece of legislation, the VA doesn't even support it. Let me read what the Principal Deputy Under Secretary for Health, Dr. Robert Jesse, said. He indicated that expanding enrollment of Priority 8 veterans ``presents many potential complications and uncertain effects on VA's enrollment system.'' This is the individual in charge of health at the VA who says: I don't think this is a good idea.
So I guess the only mistake the chairman made was--he suggested that I was opposed to it, and he was accurate, but he didn't ever say the VA is opposed to this massive expansion.
He talked about the caregiver bill. I know something about it because I wrote it. We implemented it as a demonstration project. Why? Because Senator Akaka and I believed the VA was not in a position to absorb this massive program and to administer and implement it in an effective way. As a matter of fact, Senator Akaka said at the time--he was then the chair of the veterans' committee--he said there were three reasons he was reluctant to--well, let me just say that when the caregivers program came up in debate on the Senate floor, Senator Akaka, then chair, noted that these benefits and services were not made available for all veterans for three reasons:
[O]ne, the needs and circumstances of the newest veterans
in terms of injuries are different--different--from those of
veterans from other eras; two, the family situation of the
younger veterans is different from that of older veterans;
and three, by targeting this initiative on a specific group
of veterans, the likelihood of successful undertaking is
enhanced.
I say to my colleagues, would the author of the caregivers program not be the first one to come to the floor and lobby for an expansion? I think the answer is yes. But would the author of the caregivers legislation want to wait until the system can handle it?
Do my colleagues realize that in two States in America, a veteran can file for caregiver status in one State and be denied and file the same application in another and be granted caregiver status? It happened in Colorado and Florida. How, in a system that is created to equally treat veterans, is that possible? Now we want to extend it to veterans of all eras. I would suggest to my colleagues that this is almost ludicrous to even think about.
I see quite a few Members here, and I am not going to take up but a couple more minutes. I want to make sure my colleagues understand that my opposition is not to veterans. My opposition is to proceeding with legislation that could hurt veterans, not help them. In this particular case, more is not necessarily better. As the CEO of Concerned Veterans of America stated, the right congressional action would be to stop, take a breath, and focus what is broken. Fix the system. Then have a debate about which veterans, if any, should be included in the VA delivery of care.
The chairman highlighted yesterday that incorporated in both his bill and my bill is a House provision that provides leases for 27 new VA outpatient facilities. He said: That is proof we have in the system enough facilities to handle the population. No, Mr. Chairman, that is not proof. Those 27 leases are for trying to make sure we have facilities to handle our current population within the VA. Those veterans who are driving over 2 hours for a primary care visit, those individuals whose transportation is their No. 1 issue--27 doesn't even get us up to taking care of today's population.
As I said yesterday, we have I know $14 billion worth of construction that is currently underway in the VA; yet we appropriate $1 billion a year. It will take us 14 years to build out the inventory we have today. But the legislation calls for an incredible increase in the size of the veterans population by December of 2014. We won't have any of those 27 facilities that would be legislated in this bill done by December 2014.
So I am going to urge my colleagues, as we move forward, let's not do anything to damage veterans. Let's not do anything to overwhelm the Veterans' Administration. Let's commit to work with them to reform the system. Let's listen to what they want and not put them in a situation where they are telling us: We don't want what you are proposing. Let's listen and let's apply common sense to legislation versus to just be focused on the cheers we receive from a few who are paid to represent folks in Washington.
The chairman said a number of times that this is about veterans. I can tell my colleagues it is a little bit more. It is about the American people. It is about my kids, our kids, our grandchildren. It is about what they inherit from us. They are going to inherit from us probably the most important thing: the obligation to keep our promise to veterans of all eras.
I think the decision we have to make as we debate this legislation is whether we are going to commit to a promise that is bigger than what our kids can fulfill, that costs more than our kids can afford, and that doesn't necessarily enhance the health care delivered to our veterans. If anything, today it would probably be detrimental to those who need it the most.
I thank the Presiding Officer for his patience. I thank my colleagues for their indulgence as they have patiently waited. This is way too big an issue to rush forward with. I look forward over the next several days to a real debate about the specifics in this bill and, more importantly, about what we should do as a Congress to help veterans and to help the Veterans' Administration.
I yield the floor.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I come to the floor as the ranking member of the Veterans' Affairs Committee as we consider S. 1982, the Sanders bill. I have been down to the floor several times, and I will not take up a lot of the Senate's valuable time right now. But I do want to cover some things that have transpired since the last time I was on the floor today, when I read from an editorial that was written by Concerned Veterans of America. The group was challenged by some of my colleagues here as to whether it was a front group, whether this was a political front group.
Let me assure my colleagues, it represents real veterans. But in an effort to try to debunk the belief that this is just about one political group, I want to read some from another editorial written by Stewart Hickey of AMVETS. Now, nobody can question whether AMVETS is a legitimate veterans service organization. They have been around for a while. I will be selective in my reading:
While we agree the bill addresses many critical issues and
recommends important solutions for our veterans, we do not
support this bill for several reasons. First, it would be
morally irresponsible and fiscally unsound, given the
historically volatile situation in Afghanistan, to hang the
funding for such robust legislation on any potential ``peace
dividend.'' Throwing more money--upwards of $30 billion, and
taken from war funds no less--at a failing department will
only make matters worse.
This kitchen sink-like bill also endeavors to be all things
to all veterans, and is very enticing to all of us ``Veterans
Service Organizations'' as the panacea for all of our
legislative agendas. The problem is, in its current
configuration, it has little to no chance of passage, it's
just too ``pie in the sky'' and lacks the power base to hold
VA accountable for providing excellent care and services to
veterans currently accessing the system.
It goes on to say:
We all want what is best for the veterans community, and
many of the provisions in S. 1982 are positive. However,
``bigger'' does not mean ``better.'' And the Sanders bill
further expands a VA system that is already overwhelmed and
cannot meet the current needs of veterans. Before
overcommitting the Department of Veterans Affairs and
subjecting our veterans to more broken promises, Congress
should rally on legislation that keeps the promises already
made.
Yet another veterans service organization says: Reform the Veterans Administration.
Dr. Coburn from Oklahoma, the Senator from Oklahoma, was talking about horror stories within the veteran's facilities. So I say to my colleagues: You know, the mistake here is that we are not on the floor debating the reform of the VA and then debating any expansion.
But the fact is that we look at editorial after editorial of people who have some contact with the VA. They are saying: The last thing you should do is expand service. The last thing you should do is use gimmicks to pay for it. The last thing you should do is saddle our kids with not only the debt for it but the responsibility to uphold a promise that might be impossible.
Let me speak a little further on some of the things Dr. Coburn hit on. This is about hospital delays, veterans dying at VA facilities. I came down earlier--and I might add right now that this is the stack of the Inspector General of the VA for 1 year, 1 year's worth of investigations on VA facilities where they made specific recommendations of changes that had to be made.
This dealt with the death of veterans. It dealt with Legionnaire's Disease. It dealt with things as simple as more than one patient using a disposable insulin pen--something meant for one patient that was used for multiple patients, exposing them to potential illnesses.
If the question is, do we keep the promise of the quality of care to our veterans? And if that is not important enough, let me go to the veterans that are in the system trying for the first time to get a disability rating because of a service-connected disability.
The number of claims pending in America right now is 673,000 veterans. These are individuals who have filed a claim with the Veterans' Administration, who are waiting in line for the determination to be made about what percentage of those claims they will approve. The number of claims that are considered backlogged right now is 389,000 veteran's claims.
Once a veteran receives a disability rating, if in fact they feel that the VA has come to the wrong conclusion as to the percentage, they file an appeal. The
number of appeals pending is 272,000 appeals. So one can conclude from this that the number of claims pending is 673,000 plus 272,000. So there are over 1 million veterans right now waiting for a determination by the VA specifically or by the Court of Appeals to sort out their disability status.
The number of days to complete a claim is 265 days. Let me say that again: 265 days to complete a claim. Right now, claims pending are 673,000. The number of days for an appeal that is pending is 600 days-- 600. So let's just say of that 1 million claims that are either pending or that have been appealed, which is 1 million veterans, the number of days to complete the claim on average took 265 days, and the number of days for an appeal, on average, was over 600. We are now at 800 days. That is almost 3 years.
I hope my colleagues are understanding what I am saying. We have a severely dysfunctional Veterans' Administration today. We have a population of warriors who are coming out of the battlefield in Afghanistan. They are coming back from deployments. They leave the service; they file for disability; they wait, they wait, they wait, they wait. When they finally get their disability claim and they are going to the VA, now all of a sudden we are talking about dumping millions of additional veterans into the line with them.
My good friend and chairman Senator Sanders said: We can handle this because we have 27 clinics, outpatient facilities in this bill that, under a lease agreement, we are going to build out--27 facilities. They are for the veterans we have today. We don't have enough facilities to handle the current population, and he said this could handle the millions who are going to come in.
Let me remind my colleagues once again that currently we have $14 billion worth of veterans construction underway. We appropriate about $1 billion a year. That is a 14-year backlog on the construction of these facilities, and none of the 27 leases that are in this bill will be ready in December 2014 when the enactment of this legislation takes place.
There is one other area of massive expansion other than to veterans with nonservice-connected disabilities, and that is to a program called our caregivers program. I am pretty passionate about this because I wrote the legislation. My good friend Senator Akaka, who is no longer here, who was chairman of the Senate veterans' committee, became a champion of it. Earlier, I read Senator Akaka's statements on the Senate floor the day it was passed. He stated as clearly as anybody ever has why we limited this to a demonstration project, why we rolled it out to a small group. Our intention was that when the VA was fixed, reformed, and was capable of implementing a plan that expanded the caregiver program, we would do that but not a day sooner.
Now, all of a sudden, we are not just talking about extending the caregiver program to every current-era veteran; Senator Sanders' bill extends it to every era. Veterans from every era who served who are still alive would be eligible for caregivers.
On occasion, he has pointed to the wounded warrior program. I will read a letter the Wounded Warrior Project sent to the committee when this legislation was being considered.
They said:
More than 2 years after initial implementation, VA still
has not answered--let alone remedied--the problems and
concerns that WWP and other advocates raised regarding the
Department's implementing regulations. For example, those
regulations leave ``appeals rights'' unaddressed (including
appeals from adverse determinations of law); set unduly
strict criteria for determining a need for caregiving for
veterans with severe behavioral health conditions; and invite
arbitrary, inconsistent decisionmaking. Simply extending the
scope of current law at this point to caregivers of other
veterans would inadvertently signal to VA acquiescence in its
flawed implementation of that law. We recommend that the
Committee insist on VA's resolving these long-outstanding
concerns as a pre-condition to extending the promise of this
law to caregivers of pre 9/11 veterans.
If there is one thing I have made perfectly clear yesterday and today, it is that there is nothing in this bill that reforms the VA. Look at any area of the legislation. There is no reform. Yet editorials from service organizations, letters from the Wounded Warrior Project-- and they were, make no mistake, behind caregivers. Their letter to the chairman said: Don't do this until it is fixed.
Well, we are where we are. To suggest that all veterans, all veterans organizations, all organizations that deal with veterans are for this is just inconsistent with the paper trail that exists, letters and editorials.
There are two things that don't go away: one, the need to reform and, two, the promise we made to our country's warriors.
We have to ask ourselves: Are we better off fixing the VA before we enlarge the population or after we enlarge the population? I can answer that. It is tough to do now, and it is not going to happen without congressional leadership. But if we expand the population, dump it on a system that is physically not capable of handling it, administratively not capable of handling it, what do we say to those veterans who need the VA health care system and can't get in to see a primary care doctor? What do we say to a person who needs mental health treatment but can't see a psychiatrist, can't get in to be evaluated, and doesn't get the medication they need?
I plead with my colleagues, don't make this mistake. There is an alternative bill. It is taken from the Sanders bill. It is 80 percent, but it doesn't have the massive expansion. It doesn't reform, but it really moves forward on some important issues.
No matter what we do, at some point we are going to have to show the leadership how to reform the VA. Why? Because we are going to keep our promise to veterans. The promise to veterans was that we would provide them a quality of care that was unprecedented.
I am not sure there is a Member of this body who believes we can dump this population onto the Veterans' Administration and that we can look any veteran in the face and say: We kept our promise to you. Yes, you may have access, but it may be months from now. You may have the ability to go to the VA, but we don't have any room; there is no room in the inn.
These are all part of keeping your promises.
I will go back to what the AMVETS editorial said, and I will end with that because I see my colleagues here.
Bigger is not necessarily better. When I gave these statistics on backlogs of claims and appeals, these are veterans who aren't asking for bigger, they are asking for better. They are asking us to sort out this system and make it work in a way they deserve. All we will do is exacerbate the problem if, in fact, we pass S. 1982.
I urge my colleagues, support the alternative--if we are given the opportunity to offer one. If not, then don't do this to our country's veterans. Wait and let us reform the VA. That is our responsibility. That is our promise.
I yield the floor.