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“VA First, Veteran Second: The Biden-Harris Legacy”

House Veterans Affairs Committee, Oversight and Investigations Subcommittee Hearing

February 6, 2025 (recording here)

HEARING INFORMATION

Witnesses & Written Testimony (linked):

• Mr. Ted Radway: Acting Assistant Secretary, U.S. Department of Veterans Affairs, Office of Accountability and Whistleblower Protection

• Ms. Tracey Therit: Chief Human Capital Officer, U.S. Department of Veterans Affairs, Veterans Health Administration

• Dr. Mark Upton: Deputy to the Deputy Under Secretary for Health, U.S. Department of Veterans Affairs, Veterans Health Administration

• Mr. David Case: Acting Inspector General/Deputy Inspector General, U.S. Department of Veterans Affairs, Office of the Inspector General

• Mr. Donald Sherman: Executive Director and Chief Counsel, Citizens for Responsibility and Ethics in Washington

Keywords mentioned:

• Accountability, whistleblowers, misconduct, discipline, oversight, quality of care, patient safety, leadership, staffing, hiring, ethics, OIG

IN THEIR WORDS

OPENING STATEMENTS FROM THE SUBCOMMITTEE & FULL COMMITTEE

• Subcommittee Chairwoman Jen Kiggans acknowledged ongoing issues within the VA, particularly concerning the lack of accountability among leadership despite investigations substantiating allegations against them. She expressed appreciation for whistleblowers who have courageously come forward and praised their role in congressional oversight. She went on to highlight specific failures within the VA, including a veteran in Buffalo who did not receive cancer care for ten weeks and the shortage of anesthesiologists at the Hampton VA Medical Center. The Chairwoman reaffirmed her commitment to holding the VA accountable and ensuring veterans receive the care they deserve.

• Subcommittee Ranking Member Delia Ramirez criticized the Republican-led efforts in the hearing, arguing that they were aimed at undermining the VA rather than improving accountability. She accused the majority of vilifying VA employees, many of whom are veterans themselves, in an effort to justify privatizing VA services for corporate gain. She argued that the Trump administration's approach to the federal workforce, particularly through hiring freezes and mass firings, was detrimental to the VA’s ability to serve veterans. Ranking Member Ramirez called for a serious, bipartisan approach to oversight, rather than what she described as partisan attacks.

• Full Committee Ranking Member Mark Takano framed the hearing as part of a broader Republican effort to dismantle the VA and push veterans toward private care. He criticized past attempts to weaken employee protections, citing previous legislative failures that resulted in costly settlements. He expressed concern over the Trump administration’s use of the VA’s Office of Accountability and Whistleblower Protection (OAWP) as a tool for political retaliation rather than genuine oversight. Ranking Member Takano urged his colleagues to engage in bipartisan efforts to address VA staffing shortages, improve leadership accountability, and ensure that veterans receive high-quality care.

SUMMARY OF KEY POINTS

• Mr. Ted Radway described the VA’s ongoing efforts to improve accountability, stating that the VA takes disciplinary action against employees when necessary. He noted an increase in complaints submitted to the OAWP, indicating growing trust in the office’s ability to address misconduct. Mr. Radway mentioned improvements in case processing times, management compliance with disciplinary recommendations, and increased efforts to support whistleblowers. He reiterated the VA’s commitment to fostering a culture of accountability while protecting employees who report misconduct.

• Mr. David Case outlined the OIG’s role in enhancing accountability through independent oversight, including the release of over 300 reports in fiscal year 2024. He identified key systemic issues within the VA, including unclear roles and responsibilities, staffing shortages, outdated IT systems, and inadequate monitoring mechanisms. He underscored the need for strong leadership to drive cultural improvements within the VA and ensure that recommendations from oversight bodies are effectively implemented. Mr. Case commended recent legislative efforts, such as the Elizabeth Dole Act, which mandated employee training on reporting misconduct.

• Mr. Donald Sherman condemned President Trump’s recent firing of VA Inspector General Michael Missal, calling it an illegal act that undermines independent oversight. He warned that this move, along with Trump’s broader efforts to weaken the civil service, threatens the VA’s ability to fulfill its mission. Mr. Sherman cited past corruption scandals during Trump’s first term, including the influence of Mar-a-Lago associates over VA policy, as reasons why strong, independent oversight is essential. He urged the Subcommittee to take bipartisan action to protect whistleblowers, uphold accountability measures, and resist political interference in the VA.

• Chairwoman Kiggans asked Mr. Case about the importance of quality assurance in patient care and examples of effective measures. Mr. Case said that adherence to defined processes and objective assessments of patient safety are crucial. He provided an example from the Hampton VA, where ineffective monitoring allowed a surgeon with substandard performance to continue operating and endanger patient safety. He stated that proactive monitoring, accountability, and real-time intervention were necessary to ensure high-quality care.

• Chairwoman Kiggans then questioned how VA leaders could proactively oversee patient care, specifically asking about verification measures. Mr. Case explained that trust between leaders and staff must be coupled with verification of performance through data tracking and intervention. He then cited a case in Buffalo, where oncology staff urged for a veteran’s urgent appointment but mismanagement delayed the scheduling.

• The Chairwoman asked Mr. Radway about repeated areas of concern that the OAWP identified across VA facilities. Mr. Radway responded that OAWP primarily investigates misconduct rather than patient care itself, but they had identified repeated failures by senior leaders to oversee providers accused of misconduct. He noted that lack of oversight led to instances of improper patient treatment and failures in disciplinary actions against medical personnel.

• Chairwoman Kiggans then inquired how recommendations from the Office of the Medical Inspector (OMI) worked to mitigate repeated errors in patient care. Dr. Mark Upton explained that OMI’s reports were reviewed by both facility leaders and senior VA leadership. He stated that the VA takes these recommendations seriously and uses them to improve patient safety by addressing systemic issues at individual facilities and across the system.

• Ranking Member Ramirez asked Mr. Case, Mr. Radway, and Dr. Upton whether they put veterans or the VA first. All three firmly responded that they prioritized veterans first in their work.

• The Ranking Member then asked how frequently the VA used its authority under Title Five to remove employees for misconduct. Ms. Tracey Therit stated that in the last fiscal year, over 5,000 actions were taken to remove, suspend, or demote employees under Title 5 and the Accountability Act. Ranking Member Ramirez then confirmed with witnesses that the VA had consistently used Title 5 authority to discipline employees at the same or higher rates than when the 2017 Accountability Act was in effect.

• Ranking Member Ramirez turned to Mr. Sherman, asking him to describe the first 20 days of the Trump administration. Mr. Sherman characterized them as "lawless, evasive, and chaotic," emphasizing that Trump’s firing of the VA Inspector General signaled a lack of commitment to accountability.

• Rep. Keith Self referenced Mr. Case’s testimony, quoting his statement that accountability was often lacking in VA operations. He asked whether VISN directors exercised inconsistent oversight, leading to disparities in quality of care. Mr. Case affirmed that disparities existed due to unclear roles and responsibilities. He explained that autonomy among VISN directors could work if their duties were standardized, but currently, inconsistencies in oversight contributed to poor leadership and patient care gaps.

• Rep. Self then asked whether customization at the VISN level was contributing to the VA’s failure to implement a clear electronic health record (EHR) solution. Mr. Case responded that while customization was a factor, there were multiple reasons why the EHR implementation was struggling.

• Rep. Herb Conaway questioned whether changes made by the Trump administration weakened ethics rules governing VA officials. Mr. Sherman confirmed that Trump had rescinded ethics pledges for appointees, making it easier for them to accept gifts and move between private and public sectors. He warned that this increased the risk of conflicts of interest, potentially undermining VA efficiency and fairness in awarding contracts.

• Rep. Juan Ciscomani asked about senior executive staff receiving improper bonuses that were intended for front-line healthcare workers. Mr. Case responded that the OIG had conducted an investigation and issued a 165-page report with disciplinary recommendations. He stated that most of the recommendations had been implemented, but OIG continued to monitor the issue.

• Rep. Ciscomani then raised concerns about VA employees resigning under investigation to avoid accountability. Ms. Therit explained that while the VA could annotate personnel records for such cases, the authority to do so was limited. She noted that upcoming legislative hearings could address potential improvements to this process.

• Rep. Tim Kennedy asked Dr. Upton whether he was familiar with the OIG report on the Buffalo VA Medical Center. Dr. Upton confirmed that he was and claimed that when issues arose, the Under Secretary for Health acted swiftly to assess and address concerns.

• Rep. Kennedy then questioned whether adequate staffing was necessary to meet OIG recommendations. Dr. Upton agreed that proper staffing was essential and stated that the VA was committed to hiring key personnel. However, Rep. Kennedy pushed back, pointing out that a hiring freeze was in place, making it difficult to fill critical positions. Dr. Upton acknowledged the freeze but noted that the VA had received exceptions for certain roles. Rep. Kennedy requested a written report on hiring levels at Buffalo VA and across the network.

• Rep. James Moylan discussed the ongoing challenges veterans in Guam face in accessing VA resources and benefits, despite the island having one of the highest enlistment rates per capita. He asked Dr. Upton how the VHA determines resource allocations for territories with unique geographic and logistical challenges. Dr. Upton acknowledged the importance of serving veterans in Guam and stated that resource allocation is based on veteran population data, service needs, and facility locations. He offered to work with Rep. Moylan and local leadership to better address Guam’s healthcare needs.

• Rep. Moylan asked about oversight efforts in Guam and other U.S. territories, specifically how frequently VA officials visit these areas and address emerging issues. Mr. Radway explained that his office primarily oversees senior leadership and does not have immediate figures on investigations in Guam. He committed to providing that information and assured Rep. Moylan that allegations from Guam are treated with the same level of scrutiny as any other VA facility.

• Rep. Moylan inquired about how the VA determines staffing needs and the frequency of reviews conducted to adjust workforce levels. Ms. Therit explained that VHA continuously assesses staffing through published reports, including monthly staffing data and quarterly reports under the MISSION Act. She stated that local and VISN leadership work together to ensure resources are allocated appropriately. Ms. Therit then invited Rep. Moylan to discuss specific concerns regarding Guam’s staffing needs with VA human resources experts.

• Rep. Self thanked the witnesses for their testimonies and underscored the importance of ensuring the VA maintains good governance and accountability. He stressed that holding VA employees accountable was a priority and emphasized that leadership culture impacts veterans' access to quality care. He concluded by expressing confidence that Secretary Doug Collins’s leadership would bring improvements to the VA.

• Ranking Member Ramirez echoed Rep. Self’s appreciation for the witnesses and reiterated the importance of congressional oversight in ensuring that veterans remain the top priority. She expressed concerns about the lack of discussion regarding the recent removal of VA Inspector General Michael Missal. Ranking Member Ramirez noted that Republicans had relied on Missal’s testimony 22 times in the previous Congress and found their current silence on his dismissal troubling. She criticized the Trump administration’s removal of multiple inspectors general and argued that qualifications seemed to matter less than loyalty to Trump and Elon Musk.

• The Ranking Member then addressed reports that Musk and his associates had been at the VA central office, questioning whether they had lawful access to VA resources and veteran data. She announced her intention to formally request an investigation into Musk’s involvement at the VA, seeking clarity on his activities, whom he met with, and whether any violations of law had occurred.

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