⚡NIMITZ NEWS FLASH⚡

“Legislative Hearing on: H.R. 472, The Restore VA Accountability Act of 2025; H.R. 1041, Veterans 2nd Amendment Protection Act; Discission Draft: To amend title 38, United States Code, to prohibit the Secretary of Veterans Affairs from transmitting certain information to the Department of Justice for use by the national instant criminal background check system; H.R. 740, Veterans’ ACCESS Act of 2025; and Discussion Draft: Student Veteran Benefit Restoration Act of 2025”

House Veterans Affairs Committee Hearing

February 25, 2025 (recording here)

HEARING INFORMATION

Witnesses & Written Testimony (linked) (Panel One):

• Ms. Beth Murphy: Acting Principal Deputy Undersecretary for Benefits, U.S. Department of Veterans Affairs, Veterans Benefits Administration

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

• Dr. Sachin Yende: Chief Medical Officer, U.S. Department of Veterans Affairs, Veterans Health Administration

Witnesses & Written Testimony (linked) (Panel Two):

• Mr. Jim Whaley: Chief Executive Officer, Mission Roll Call

• Mr. Patrick Murray: Director, National Legislative Service, Veterans of Foreign Wars

• The Honorable Max Rose: Senior Advisor, Vet Voice Foundation

Keywords mentioned:

• Due process, terminations, community care, mental health care, suicide prevention, VA workforce, hiring freeze, benefits, access, privatization

IN THEIR WORDS

OPENING STATEMENTS FROM THE COMMITTEE

• Chairman Mike Bost introduced the legislation under discussion, including the Restore VA Accountability Act of 2025 (H.R. 472), the Veterans 2nd Amendment Protection Act (H.R. 1041), and the Veterans’ ACCESS Act of 2025 (H.R. 740). He stated that these bills and discussion drafts aim to address longstanding problems within the VA, particularly regarding accountability and access to care. He criticized his colleagues on the other side of the aisle for engaging in harmful rhetoric and fear-mongering rather than focusing on action.

• The Chairman specifically defended the Restore VA Accountability Act, asserting that the Biden-Harris administration protected VA employees guilty of misconduct and that accountability needs to be restored. He spoke in favor of the Veterans 2nd Amendment Protection Act, arguing that the VA should not have the power to report veterans to the National Instant Criminal Background Check System (NICS) without due process. Chairman Bost also promoted the Veterans’ ACCESS Act, stating that community care should be treated as VA care. He pledged to work to ensure that veterans have control over their healthcare decisions rather than being subjected to bureaucratic obstacles.

• Ranking Member Mark Takano criticized the recent terminations of VA employees under the Trump administration, claiming they were unjust and harmed veterans and their families. He shared multiple stories of former VA employees—including veterans and military spouses—who lost their jobs, arguing that these firings were reckless and illegal. He described this as part of a broader constitutional crisis, accusing President Trump and Elon Musk of dismantling democratic institutions and harming veterans' access to healthcare.

• The Ranking Member strongly opposed the Restore VA Accountability Act, stating that it would grant more authority to an administration already purging employees based on political motives. He also raised concerns over reports that private healthcare contractors had profited from overpayments under the VA’s community care program. He urged transparency and accountability for these private entities rather than expanding their role in veteran healthcare. The Ranking Member then argued that the current administration's actions are worsening VA staffing shortages, undermining healthcare access for veterans, and creating unnecessary distress for those who rely on VA services.

• Chairman Bost responded to the Ranking Member’s statement, defending VA Secretary Collins as a veteran who understands the mission of the department. He argued that Secretary Collins is making the best decisions for veterans and taxpayers by right-sizing the VA to improve efficiency and service delivery. He accused his Democratic colleagues of spreading misinformation and using fear tactics to manipulate public perception. He criticized them for politicizing veterans’ issues rather than working toward real solutions.

• Rep. Delia Ramirez spoke in support of her bill, the Student Veteran Benefit Restoration Act of 2025. She illustrated the diversity of the veteran community and the need to ensure all veterans have access to quality education. She condemned fraudulent educational institutions that have exploited veterans’ GI benefits, calling it unacceptable for student veterans to lose their benefits due to institutional misconduct. She explained that her bill would automatically restore benefits to veterans defrauded by predatory schools, expand the scope of fraud covered, provide a separate appeals process for schools, and establish a clear definition of fraud.

SUMMARY OF KEY POINTS (PANEL ONE)

• Ms. Beth Murphy expressed the VA’s support for several of the proposed bills, with suggested amendments. She supported the Student Veteran Benefit Restoration Act, saying that fraudulent institutions—not veterans—should be responsible for repaying any misused funds. On the Veterans 2nd Amendment Protection Act, Ms. Murphy noted that while the VA has always complied with legal reporting requirements, the bill would require additional evaluation before a veteran's name is submitted to NICS. She warned that the bill does not address broader DOJ policies and recommended clarifying language to ensure veterans are not placed at legal risk.

• Ms. Murphy voiced conditional support for the Restore VA Accountability Act, stating that legal challenges to previous VA accountability measures had weakened their effectiveness. She suggested amendments to strengthen disciplinary authority while minimizing litigation risks. She then strongly supported the Veterans’ ACCESS Act, arguing that it aligns with the VA's goal of improving access to timely care. She outlined how the bill would formalize VA access standards, expand mental health care options, and improve real-time tracking of wait times.

• Chairman Bost asked if the VA would resume reporting veterans with fiduciaries to NICS after the expiration of the Consolidated Appropriations Act of 2024, assuming no new legislation was passed. Ms. Murphy stated that the VA would follow the law applicable at that time, confirming that if the act expired, the department would resume the practice.

• The Chairman asked why the Restore VA Accountability Act was necessary for holding VA employees accountable. Ms. Murphy stated that the bill would help ensure VA employees met higher performance and conduct standards, ultimately improving services for veterans.

• The Chairman turned to other witnesses, inquiring about the VA’s current policies regarding residential rehabilitation treatment program (RRTP) admissions. Dr. Sachin Yende explained that VA policy required priority care admissions within 72 hours, while non-priority RRTP admissions had a 30-day limit.

• Chairman Bost then asked how the Veterans’ ACCESS Act would improve substance abuse treatment access for veterans. Dr. Yende responded that the VA supported the legislation and was already implementing changes, such as reducing the priority admission threshold from 72 hours to 48 hours and the non-priority threshold from 30 days to 20 days.

• The Chairman asked if Ms. Murphy believed that every veteran assigned a fiduciary was automatically a danger to themselves or others. Ms. Murphy initially hesitated but eventually clarified that, if considering the term "automatically," the answer was no—a fiduciary was assigned strictly for financial management, not as a risk assessment.

• Chairman Bost asked how the VA planned to ensure veterans could access community care. Dr. Yende responded that the VA viewed community care as VA care, ensuring veterans who qualified and preferred it would have access. The VA is working with Secretary Collins to streamline access and maintain eligibility requirements.

• The Chairman questioned whether the VA provides veterans the same due process as other U.S. citizens before revoking their Second Amendment rights due to a fiduciary assignment. Ms. Murphy stated that the VA administers due process as required under the law and provides information to veterans about Brady Act restrictions. However, the Chairman insisted that other U.S. citizens receive judicial review before losing their rights, while veterans do not, reinforcing his reason for supporting the Veterans 2nd Amendment Protection Act.

• Ranking Member Takano asked how many VA employees had been terminated since January 2025. Ms. Tracey Therit stated that approximately 1,400 employees had been fired during their probationary period. When the Ranking Member pressed for specifics on who ordered the terminations, Ms. Therit cited Office of Personnel Management (OPM) direction but did not name a specific individual. Ranking Member Takano asked if VA facility leaders were informed before or after these terminations. Ms. Therit declined to answer directly, stating she would provide the information for the record.

• The Ranking Member continued questioning whether the terminations were based on performance evaluations. He noted that many affected employees had outstanding records and accused Ms. Therit of issuing termination memos without verifying their accuracy. Ms. Therit repeatedly stated that she would answer “for the record,” prompting Ranking Member Takano to criticize her for evading responsibility. He questioned whether Ms. Therit believed her actions violated her oath of office. Ms. Therit responded that she supported the decisions made and did not acknowledge wrongdoing. The Ranking Member grew visibly frustrated, raising his voice and berating her before his time expired.

• Rep. Kimberlyn King-Hinds shifted focus to healthcare access, particularly in rural communities. She asked how the VA balanced direct VA care and community care to ensure veterans in remote areas received timely services. Dr. Yende responded that the VA had worked with and provided a brief report on direct and community care access. He committed to personally ensuring Rep. King-Hinds received a detailed summary of efforts to improve access in his region. Rep. King-Hinds expressed frustration that the conversation often ignored the real issue of access and stated that she looked forward to reviewing the report.

• Rep. Nikki Budzinski strongly criticized the Restore VA Accountability Act, arguing that it ignored collective bargaining agreements and unfairly targeted VA employees. She questioned whether the VA could improve training for HR employees and supervisors instead of overhauling disciplinary policies in a way that had previously been deemed unconstitutional. Ms. Therit responded that the VA was open to improvements in training, processes, and timelines for disciplinary actions. She stated that the VA’s goal was to ensure accountability while maintaining legally defensible procedures.

• Rep. Budzinski then asked if the VA acknowledged collective bargaining issues in the proposed legislation. Ms. Therit confirmed that the VA recognized concerns and was prepared to provide technical assistance to refine the language.

• Rep. Tom Barrett questioned whether a veteran placed on NICS due to a fiduciary assignment had any opportunity to appeal before losing firearm rights. Ms. Murphy confirmed that prior to recent law changes, the VA had reported veterans to NICS without prior judicial review. Now, the VA only reports veterans after a court order.

• Rep. Barrett pressed further, asking if veterans were notified beforehand about the impact on their rights. Ms. Murphy stated that the VA attempts two phone calls before fiduciary assignment to inform veterans of Brady Act consequences. Rep. Barrett claimed that this was not equivalent to a court hearing, reinforcing his support for the Veterans 2nd Amendment Protection Act.

• Rep. Barrett then asked Ms. Therit for examples of employee misconduct cases that led to terminations. Ms. Therit stated that the VA processed 5,000 disciplinary actions annually, including removals, suspensions, and demotions. She acknowledged that some senior leaders had been terminated after investigations, while others had resigned or retired before disciplinary action could be completed. She recommended strengthening procedures to prevent employees from escaping accountability by resigning.

• Rep. Barrett inquired whether misconduct findings followed employees if they sought federal employment elsewhere. Ms. Therit responded that current laws did not always require adverse actions to be reflected in personnel records, meaning some employees could move to another federal job without their misconduct being known.

• Rep. Ramirez expressed deep concern over the mass firings at the VA and questioned whether an analysis had been conducted to assess their impact on agency efficiency. She repeatedly pressed for answers but received vague responses, leading her to conclude that no proper evaluation had been done before the terminations. Rep. Ramirez also criticized the Restore VA Accountability Act for limiting the Douglas Factors, a set of criteria used to ensure fairness in federal disciplinary actions, arguing that this could suppress evidence in employee terminations. She claimed that the lack of transparency and due process in the firings was unacceptable and warned of serious consequences for veterans’ care as a result.

• Chairman Bost redirected the discussion back to the specific legislation under consideration, arguing that some of the concerns raised were beyond the scope of the hearing. While acknowledging the firings, he downplayed their impact, stating that VA staffing changes amounted to less than 1% of the total workforce and that employees had an appeals process. He said those conversations were best had at another time. Ranking Member Takano responded, asking the Chairman to dedicate a hearing to the topic. The Chairman did not commit to holding a separate hearing on the firings.

• Rep. Abe Hamadeh expressed frustration over the repeated focus on protecting VA bureaucracy rather than prioritizing veterans. He reiterated that the VA workforce consists of over 400,000 employees, making the 1,400 terminations a small percentage in comparison. He supported the Veterans 2nd Amendment Protection Act, arguing that veterans should not lose their firearm rights simply because they need financial assistance. Rep. Hamadeh then questioned VA officials about whether veterans were being reported to NICS without evidence of being a danger, to which Ms. Murphy responded that they only reported cases where a court had deemed a veteran dangerous.

• Rep. Julia Brownley focused on VA staffing shortages, questioning the impact of the termination of a long-standing recruiting contract that helped the VA attract healthcare professionals. She argued that the cancellation could worsen staffing issues, leading to delays in veteran care. Ms. Therit admitted they were vaguely aware of the contract but could not confirm its termination’s full impact. Rep. Brownley also asked for specific numbers on how many veterans were affected by the recent firings, but the witnesses could not provide an immediate answer.

• Rep. Tim Kennedy strongly condemned the mass firings of veterans and service-disabled VA employees, calling them arbitrary and unjustified. He shared his outrage that veterans who had dedicated their lives to service were being dismissed without due process. He challenged VA officials on staffing shortages, pointing out that over 1,700 employees with job offers had their positions rescinded following an executive order.

• Rep. Maxine Dexter talked about veteran suicide prevention, arguing that the VA’s mass terminations could worsen the crisis by increasing job loss among veterans. She demanded to know what mental health support was provided to terminated veterans but received no clear answers from VA officials. Rep. Dexter criticized the Trump administration and Republicans for undermining VA services while simultaneously claiming to prioritize veterans’ welfare. She called the firings a betrayal of veterans and an example of political hypocrisy.

• Rep. Herb Conaway highlighted that 30% of the federal workforce consists of veterans, making the recent firings especially troubling. He pointed out that many terminated employees were not new hires but experienced staff promoted into new positions, meaning they had proven themselves before being let go. Rep. Conaway asked VA officials how staffing shortages were affecting veteran care, but officials could not provide specific staffing numbers or confirm whether facilities were fully staffed. He warned that long wait times for treatment and administrative failures were undermining the VA’s mission.

• Rep. Mariannette Miller-Meeks raised concerns about the impact of the VA reporting veterans to NICS without sufficient evidence. She argued that forcing veterans to prove they were not dangerous after being reported was demeaning and harmful to their mental health. VA witnesses responded that since March 2024, they had only reported three veterans, a significant drop from previous years.

• Rep. Miller-Meeks also questioned whether veterans should have the right to request in-person mental health care rather than being forced into telehealth, to which Dr. Yende agreed.

SUMMARY OF KEY POINTS (PANEL TWO)

• Mr. Jim Whaley advocated for policies prioritizing veterans' voices, especially regarding healthcare access. He supported the Veterans’ ACCESS Act, which ensures reasonable wait times and distances for care, protects mental health services, and gives veterans more control over their care. He also advocated for the Veterans 2nd Amendment Protection Act to prevent administrative decisions from restricting veterans' rights without due process. Mr. Whaley addressed VA accountability, mentioning long wait times and difficulties in accessing services, and endorsed the Restore VA Accountability Act to uphold performance standards. He also backed the Student Veteran Benefit Restoration Act, ensuring veterans do not lose educational benefits due to school closures or fraud.

• Mr. Patrick Murray spoke on the importance of VA accountability, agreeing that poor-performing employees should be removed but believed that the Committee should provide proper oversight before advancing legislation that could lead to arbitrary firings. Mr. Murray supported the Student Veteran Benefit Restoration Act, advocating for both future and retroactive protections for veterans affected by fraudulent schools. He also endorsed the Veterans 2nd Amendment Protection Act and the Veterans’ ACCESS Act, but he warned against an over-reliance on community care at the expense of direct VA services.

• Mr. Max Rose praised the VA as a vital institution designed to understand and support veterans, stressing the importance of maintaining and improving it rather than allowing it to deteriorate through underfunding or privatization. Mr. Rose acknowledged that community care is necessary when VA services are unavailable but warned against policies that weaken VA infrastructure in favor of privatization. He also voiced serious concerns about recent VA staffing cuts, arguing that no VA worker is non-essential and that mass layoffs of support staff could negatively impact patient care.

• Chairman Bost asked the entire panel whether every American, including veterans, should have their day in court before losing any constitutional right. The witnesses unanimously answered, “Yes.”

• Chairman Bost asked Mr. Murray if he believed veterans should be able to access community care regardless of their network. Mr. Murray agreed, referencing a case where the VA denied a veteran specialized mental health treatment because the provider was out of network. He explained that this happened due to third-party administrator contracts, rather than any official regulation, and warned that such denials could have serious consequences.

• The Chairman asked Mr. Whaley how underperforming VA employees affect the quality of veteran care. Mr. Whaley responded that Americans expect the VA to be efficient and that retaining highly skilled employees is crucial to providing quality care. He went on to discuss why suicide rates among veterans remain high, calling for easier access to immediate mental health treatment.

• Chairman Bost then asked Mr. Rose how far his nearest VA facility was from his home. Mr. Rose responded that it was about a half-hour drive but noted the unpredictability of traffic in Staten Island. Chairman Bost then asked whether a veteran in Wyoming, who might be three to four hours from a VA facility, should have the same access to care. Mr. Rose agreed but warned that expanding community care without proper oversight could weaken the VA system.

• Ranking Member Takano asked Mr. Rose about the risks of expanding community care. Mr. Rose warned that allowing veterans to seek care outside the VA without referrals could divert funds from VA facilities and erode its ability to serve veterans effectively. He claimed that the VA was created specifically for veterans and should be strengthened, not undermined.

• The Ranking Member raised concerns about recent VA staffing cuts and their impact on patient care. Mr. Rose stated that all VA employees play essential roles, including administrative staff and technicians, and that mass firings would negatively affect veterans. He emphasized that many of those fired were veterans or military spouses and that these decisions should be reviewed.

• Ranking Member Takano asked whether VA community care offices were understaffed and if this caused inefficiencies in coordinating veteran care. Mr. Rose confirmed that these offices were understaffed, which disrupted continuity of care when veterans returned to the VA after seeking treatment in the community.

• Rep. Dexter referenced an Office of the Inspector General (OIG) report, which found that third-party administrators managing the VA’s for-profit care programs were overpaid by nearly a billion dollars and were refusing to return the excess funds. Mr. Rose confirmed that community care costs have grown significantly and that private providers are not required to report quality-of-care data or wait times, making accountability difficult.

• Rep. Dexter also asked whether community care providers must return patient medical records to the VA. Mr. Rose confirmed that they are not required to do so, stating that this lack of coordination undermines integrated care and negatively affects patient outcomes.

• Ranking Member Takano called for a future hearing to investigate the mass firings at the VA and ensure veterans receive high-quality, timely care.

• Chairman Bost again emphasized that the VA was created to serve veterans, not bureaucrats, and stressed that community care should complement, not replace, the VA.

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