Hearing of the Senate Committee on Indian Affairs - Opening Statement of Sen. Tom Udall, Hearing on Oversight

Hearing

Date: March 12, 2019
Location: Washington, DC

Thank you, Chairman Hoeven, for scheduling today's hearing to discuss the status of Indian Programs on the GAO High Risk List. I appreciate your follow through on this important topic.

Last Congress, our Committee held three hearings on the GAO High Risk Report for Indian Programs.

Each hearing demonstrated that the federal government must do better to provide trust and treaty-based services to American Indian and Alaska Native Tribes.

The GAO reports that high risk Indian programs have made some notable progress in addressing its open recommendations.

However, members of this Committee and Tribal leaders are still concerned that this progress isn't translating into real change. Factors such as underfunding, management accountability, and agency transparency continue to pose barriers to efforts by the IHS, BIE, and BIA to address high risk areas.

As a practical matter, it's reasonable to ask -- how effective are IHS, BIE, and BA reforms in response to GAO's high risk designation?

As the ranking member on the Interior Appropriations Subcommittee, I understand that underfunding has a direct impact on nearly every Indian program -- but that impact is particularly acute for programs on the high risk list.

In my home state of New Mexico, there are still serious facility and resource issues at a number of BIE schools, IHS clinics, and BIA programs.

I've fought to increase funding at all three agencies but, without continued meaningful investments and adequate appropriations, BIE, IHS, and BIA reforms will be less effective.

At the same time, recent high profile events at the BIE and IHS raise serious questions about management accountability and transparency.

At the BIE, the Bureau has a string of unanswered Congressional letters, school closures due to asbestos, and lack of compliance with federal education laws.

It's to the point where I have had to call in BIE and BIA leadership to submit weekly updates directly to my office.

And at the IHS, the Weber incident has alarmed many and, to speak frankly, it has sickened me.

For over 20 years, Mr. Weber used his position of trust and authority as an I-H-S doctor to prey on young, innocent victims.

What he did is a travesty. And what IHS didn't do to intervene -- to protect Native children who were patients -- is unconscionable.

Even though Mr. Weber has been convicted and sentenced for his crimes in Montana and awaits trial in another federal court for similar crimes, questions remain: who in IHS leadership failed to document and remove Weber from his position within the Service?

To that end, Chairman Hoeven and I sent a letter to HHS Office of Inspector General asking it to investigate whether any current or former IHS staff were complicit in or had knowledge or involvement with Mr. Weber's misconduct.

While we wait for concrete answers, I expect IHS leadership -- here, today -- to commit to management reform that ensures --

* -- All future allegations of abuse by medical professionals at I-S facilities are properly investigated;

* -- Reports against I-H-S employees who are a danger to patients are not swept under the rug; and

* -- Whistleblowers do not fear for their reputations or their livelihoods.

Above all, today's hearing must be more than just hearing about progress on GAO's recommendations. I need to see evidence of a cultural shift to improve accountability at the IHS, the BIE, and the BIA. And I need to see a commitment to transparency and ensuring the federal government is upholding trust and treaty responsibilities.

Finally, I will close by noting the Committee's newly adopted "Rule 4-b". This rule states that, if the Administration misses the Committee's 48 hour deadline for submission of testimony, the Administration witness must state on the record why the testimony was late. Thank you, Admiral Weahkee and Ms. Farb, for submitting your testimony on time. But, Mr. Dearman and Mr. LaCounte, please be prepared to start your testimony with an explanation why you did not comply with the Committee's rule.

Thank you, Mr. Chairman, and thank you to our panel for joining us.


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