Federal prosecutors are investigating allegations that Department of Veterans Affairs employees improperly accessed medical records of vice presidential nominees Sen. JD Vance and Gov. Tim Walz, the department confirmed Monday.
"We reported to law enforcement allegations that VA personnel may have improperly accessed veteran records," VA spokesperson Terrence Hayes said in a statement. "We take the privacy of the veterans we serve very seriously and have strict policies in place to protect their records. Any attempt to improperly access veteran records by VA personnel is unacceptable and will not be tolerated."
At least a dozen employees accessed the records without authorization, with some telling investigators they were looking out of curiosity, according to The Washington Post, which first reported on the breach. The VA's inspector general office has forwarded evidence to federal prosecutors, including on a physician and a contractor who spent an extended amount of time looking at the files, the Post added.
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Spokespeople for the presidential campaigns of former President Donald Trump and Vice President Kamala Harris did not immediately respond to Military.com's request for comment on the issue.
As the first veterans to appear on a vice presidential ticket in decades, Walz’s and Vance's military service records have come under intense scrutiny.
Vance served in the Marine Corps from 2003 to 2007 and deployed to Iraq for six months in a public affairs role. In the 2016 memoir that shot him into the public consciousness, "Hillbilly Elegy: A Memoir of a Family and Culture in Crisis," Vance wrote that his "final two years in the Marines flew by and were largely uneventful."
Walz served in the National Guard from 1981 to 2005, when he retired to run for Congress. His 24 years of service included a deployment to Italy to support U.S. operations in Afghanistan. His time in uniform has been fiercely attacked by Republicans, who have ignored nuances to accuse him of embellishing his military record.
Vance and Walz will meet in their first and only debate of the election on Tuesday night.
Both nominees have also spoken about their experiences using VA services. Walz, who specialized in heavy artillery, has said he suffered from hearing loss and tinnitus as a result of firing the weapons and sought benefits from the VA for the hearing issues.
Vance has said the VA was his primary source of health care for a few years after leaving the Marine Corps. He has expressed support for expanding privatized health care for veterans, but has also said he thinks parts of the VA "actually work very well."
In a recent message to staff that did not directly reference the breaches into the Walz and Vance medical records, VA Secretary Denis McDonough reminded employees of their obligations to protect veterans' privacy.
"Veteran information should only be accessed when necessary to accomplish officially authorized and assigned duties as an employee, contractor, volunteer or other personnel," McDonough wrote in the Aug. 30 memo. "Viewing a veteran's records out of curiosity or concern -- or for any purpose that is not directly related to officially authorized and assigned duties -- is strictly prohibited."
Failing to comply with those rules could result in removal, civil penalties or criminal prosecution, McDonough added. Health records are protected under the 1996 Health Insurance Portability and Accountability Act, and violations of the law are punishable by a fine of up to $50,000 and imprisonment for up to a year.
The alleged breach of Walz’s and Vance's records is the latest example of potentially sensitive medical and military service information being or attempting to be improperly accessed amid the frenzy of a political campaign.
Earlier this year, CBS News reported that a Navy sailor tried to access President Joe Biden's medical records through the military's medical records system when Biden was running for reelection and questions were swirling about his fitness for office. The sailor was reportedly unsuccessful in finding the right Joe Biden, who, as president, receives care at Walter Reed National Military Medical Center in Maryland.
And in the 2022 congressional elections, Air Force officials acknowledged that a "junior individual" improperly released military service records for several Republican candidates to a political opposition researcher. While many elements of service records can be released through a public records request, the records that were released in 2022 included protected personal information that should not have been disclosed. At least one of the candidate's records, including details as sensitive as an alleged sexual assault, were then given to reporters.
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