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“Hearing to Consider Pending Nominations”

Senate Veterans Affairs Committee Hearing

April 1, 2025 (recording here)

HEARING INFORMATION

Witness & Written Testimony (linked):

• Captain Samuel Brown, U.S. Army (ret.): Nominee to be Under Secretary for Memorial Affairs, U.S. Department of Veterans Affairs

• Lieutenant Colonel James Baehr, U.S. Marine Corps Reserve: Nominee to be General Counsel, U.S. Department of Veterans Affairs

• Captain Richard Topping, U.S. Army Veteran: Nominee to be Chief Financial Officer, U.S. Department of Veterans Affairs

Keywords mentioned:

• Veterans' care, workforce, staffing cuts, PACT Act, electronic health record (EHR) system, budget, veteran benefits, legal compliance, court orders, veteran services, financial commitments, cemetery expansion

IN THEIR WORDS

OPENING STATEMENTS FROM THE COMMITTEE

• Chairman Jerry Moran stated that the hearing would consider the witnesses’ nominations for VA Under Secretary for Memorial Affairs, General Counsel, and Chief Financial Officer. He described the critical nature of these roles in serving veterans and ensuring legal compliance, financial stewardship, and dignified memorials for veterans. Chairman Moran spotlighted the military experience of each nominee and expressed eagerness to hear their goals and plans if confirmed.

• Ranking Member Richard Blumenthal expressed gratitude to the nominees and their families but followed up with his intention to block the nominations to allow for a full Senate debate. He cited concerns about transparency and workforce cuts within the VA, criticizing Secretary Doug Collins for failing to respond to inquiries and firing thousands of VA employees. The Ranking Member called for a thorough and demanding process in evaluating each nominee’s qualifications and commitment to veterans.

SUMMARY OF KEY POINTS

• Sen. Dan Sullivan introduced retired Army Captain Samuel Brown as the nominee for Under Secretary of Memorial Affairs, praising his military service, leadership, and dedication to veterans. He highlighted Mr. Brown’s work in healthcare and his experience recovering from severe injuries sustained during combat. He noted that Mr. Brown’s personal and professional experiences made him exceptionally qualified to lead the National Cemetery Administration (NCA). Sen. Sullivan urged his colleagues to support Mr. Brown’s confirmation, speaking to his dedication to ensuring veterans receive dignified burials and memorialization.

• Sen. Bill Cassidy introduced Lieutenant Colonel James Baehr as the nominee for VA General Counsel, reviewing his extensive military, legal, and policy experience. Sen. Cassidy praised Lt. Col. Baehr’s service as a federal prosecutor, military judge, and advisor to President Trump on veterans' issues. He noted Mr. Baehr's direct experience with VA healthcare and benefits, including his own service-related care and use of VA programs. Sen. Cassidy expressed confidence in Mr. Baehr’s ability to bring integrity and dedication to the role of General Counsel.

• Sen. Thom Tillis introduced retired Army Captain Richard Topping as the nominee for VA Chief Financial Officer, describing his 25 years of experience in healthcare law and finance. Sen. Tillis noted Mr. Topping’s work with TRICARE, Medicare, Medicaid, and the VA community care system, as well as his efforts to restructure North Carolina’s Medicaid program. Sen. Tillis spoke on the importance of effective financial oversight at the VA, particularly in light of recent budget shortfalls. He expressed support for Mr. Topping’s nomination, noting his dedication to transparency, discipline, and fiscal responsibility.

• Mr. Samuel Brown expressed gratitude for the nomination and described his deep personal connection to the VA as a veteran who has relied on its services for 13 years. He recounted his severe injuries sustained in Afghanistan and the long recovery process supported by his wife, who is also a combat veteran. Mr. Brown discussed his commitment to ensuring veterans receive dignified burials and honored memorials. He pledged to put veterans and their families at the center of his leadership if confirmed.

• Lieutenant Colonel James Baehr conveyed his dedication to the Constitution and the mission of the VA. He shared his experience as a Marine, prosecutor, and advisor to President Trump on veterans’ issues. Mr. Baehr emphasized his commitment to accountability, integrity, and mission accomplishment within the Office of General Counsel. He expressed his desire to uphold the law faithfully and ensure the VA serves veterans effectively and efficiently.

• Mr. Richard Topping described his personal connection to the VA as a beneficiary and advocate for veterans. He recounted his work in healthcare and financial management across various government programs, including the VA. Mr. Topping committed to ensuring financial accountability and efficiency within the VA. He pledged to use his expertise to enhance the VA’s financial systems and ensure taxpayer dollars are used effectively to serve veterans.

• Chairman Moran asked Mr. Baehr to commit to ensuring that the Committee would receive requested information from the Office of General Counsel in a timely manner. Mr. Baehr responded that he would prioritize the Committee's oversight function and never let the Office of General Counsel impede the flow of information. The Chairman also asked whether he would ever advise the Secretary to disobey a court order. Mr. Baehr firmly stated that he would never recommend disobeying a court order.

• Chairman Moran questioned Mr. Topping about his tenure as CEO of Cardinal Innovations, where a state audit found financial mismanagement. Mr. Topping explained that the audit was politically motivated by an elected Democrat opposing Medicaid reform and stated that the allegations were false. He noted that subsequent litigation was dismissed, and a defamation suit he filed resulted in a $500,000 judgment in his favor.

• Ranking Member Blumenthal expressed concerns about potential layoffs within the VA. He asked if Mr. Brown would oppose firing employees essential to NCA’s mission. Mr. Brown stated that his priority would always be the mission, underscoring that veterans are the focus and committing to prevent any impact on NCA’s ability to honor veterans.

• The Ranking Member raised additional concerns about a policy requiring VBA employees to seek permission from political leadership before consulting the Office of General Counsel. Mr. Baehr advocated for organized communication, but he acknowledged the importance of whistleblower protections and providing clear channels for reporting issues. He also agreed that timely rulemaking was important and promised to set rigorous metrics to improve efficiency and increase the speed of regulatory guidance and rulemaking processes.

• Ranking Member Blumenthal questioned Mr. Topping about his assertion that the North Carolina audit was politically motivated, asking him to clarify the basis for that claim. Mr. Topping responded that the auditor was an elected Democrat who opposed the Medicaid reform work being implemented by a Republican governor. He claimed that the audit and subsequent litigation were part of political opposition to those reforms.

• Sen. Cassidy questioned Mr. Baehr on the use of artificial intelligence (AI) in modernizing VA benefits processing, mentioning the potential for efficiency. Mr. Baehr agreed with the importance of modernization and expressed willingness to explore AI use while deferring to the Secretary's vision.

• Sen. Cassidy proposed establishing a third-party advisory commission to review VA healthcare, which Mr. Topping supported, discussing the value of learning from other healthcare systems. Sen. Cassidy also noted the importance of care coordination and utilization review to prevent inappropriate care.

• Sen. Patty Murray expressed concerns about the proposed layoffs of 80,000 VA employees, questioning whether such cuts would negatively impact veterans' access to care and benefits. Mr. Baehr stated that he was not involved in the decision-making, but he implied that he would ensure veterans would not see a reduction in their quality of care.

• Sen. Murray noted that the VA was reviewing compliance with the VA MISSION Act but not with other pieces of legislation, like the PACT Act. She asked Mr. Topping if the PACT Act was less important than the MISSION Act. Mr. Topping responded that all legislation passed by Congress is important, though prioritization is sometimes necessary due to limited resources. Mr. Baehr added that the VA should follow all laws and, if confirmed, he would advise the Secretary on fulfilling legal obligations and regulations.

• Sen. Murray asked Mr. Baehr if it was legal for the VA to allow the Department of Government Efficiency (DOGE) to have access to veterans’ personal information. Mr. Baehr said he was not familiar with the specifics of the issue but promised to protect veterans’ personal information and ensure legal compliance.

• Sen. Tillis asked about addressing the budget shortfall related to the PACT Act and the inefficiencies in the VA’s electronic health record (EHR) system. Mr. Topping pledged to improve financial forecasting and oversight and committed to reviewing the EHR system’s implementation to enhance efficiency.

• Sen. Hassan asked whether the witnesses would follow the law if directed by the President to take illegal actions. All nominees stated that they would follow the law and court orders, regardless of directives. Sen. Hassan also questioned the nominees on the planned VA layoffs. While none fully committed to opposing the layoffs, they spoke on the need to understand the Secretary's plan and the implications for veterans' services.

• Sen. Hassan referenced Mr. Topping’s earlier comment about the North Carolina audit being politically motivated. She asked if he would dismiss concerns from Democrats as politically motivated or if he would engage with them in good faith. Mr. Topping insisted that he welcomed political debate and discourse, claiming that his focus would be on policy issues rather than partisanship.

• Sen. Sullivan discussed excessive legal fees being charged by law firms to Marines affected by contaminated water at Camp Lejeune, despite a directive from the Attorney General to cap fees at 25% for litigation and 20% for filing. He asked if Mr. Baehr would work with the Attorney General and the Secretary of the Navy to enforce these limits. Mr. Baehr initially mentioned the importance of representation, but Sen. Sullivan interrupted, pressing for a firm commitment. Mr. Baehr eventually agreed to “look at it” but did not provide a clear commitment to enforce the cap. Sen. Sullivan expressed frustration and suggested that a meeting was needed to discuss the matter further.

• Sen. Sullivan then described Alaska’s remote villages and high rates of military service among Alaska Natives. He proposed developing small burial plots for veterans in rural communities and asked if Mr. Brown would work with him on this issue. Mr. Brown expressed willingness to follow up with the Senator and learn more about the specific needs of Alaska’s Native communities.

• Sen. Angus King expressed deep frustration over the VA’s firing of 2,400 employees for alleged performance issues, which he believed were baseless, and the plan to fire 83,000 more employees by returning to 2019 staffing levels. He noted that 7 laws, including the PACT Act, have been passed since 2019, which require additional staffing. Sen. King declared his inability to support the nominees because he felt betrayed by Secretary Collins’ prior assurances.

• Sen. Mazie Hirono asked each nominee if they had ever made unwanted requests for sexual favors, or committed any verbal or physical harassment or assault of a sexual nature since becoming a legal adult. She also asked if any of them had ever faced discipline or entered into a settlement related to such conduct. All nominees answered “No.”

• Sen. Hirono asked how Mr. Baehr, as General Counsel, would advise the VA to proceed with firing 83,000 employees. Mr. Baehr said that he would provide the best legal advice according to the requirements of Title Five and Title 38, but noted the issue was currently before the courts. 

• Sen. Ruben Gallego expressed frustration over the planned cuts of 83,000 employees and claimed that it would drastically reduce the VA’s ability to provide necessary care. He stated that he would maintain his hold on all VA-related nominations until he could be assured that veterans’ services would not be impacted.

• Ranking Member Blumenthal asked Mr. Brown for his views on the cancellation of 875 VA contracts, particularly those affecting service-disabled veteran-owned small businesses. Mr. Brown acknowledged his own experience as a business owner working with the VA but said he was unaware of the specific contracts. He promised to review them if confirmed.

• The Ranking Member then asked Mr. Baehr about the legality of President Trump’s executive order ending collective bargaining at the VA, which affected over 300,000 workers. Mr. Baehr said that he could not comment as the matter was under litigation.

• Sen. Jim Banks spoke at length about the nominees’ credibility and suitability for their roles. He asked Mr. Brown if he would work with him to establish more burial options for Indiana veterans. Mr. Brown agreed to work with the Senator on the matter.

• Sen. Elissa Slotkin voiced concern that programs related to veterans’ cemeteries would be cut. She asked Mr. Brown how he would respond to such cuts. Mr. Brown emphasized the need for Congressional appropriations and stated that he would work with Congress to secure necessary funding.

• Sen. Slotkin asked Mr. Topping if he believed lawyers or Office of Management and Budget (OMB) officials could legally refuse to spend money appropriated by Congress. Mr. Topping pledged that he would ensure VA funding is appropriated and managed as directed by Congress.

• Sen. John Boozman expressed gratitude to the nominees for their willingness to serve and noted that his questions had already been addressed in previous discussions.

• Chairman Moran referenced a VA Inspector General report detailing a multi-billion-dollar budget shortfall at the VHA. He asked Mr. Topping how he would prevent such an oversight. Mr. Topping stated that his priorities would be financial reporting, forecasting capabilities, accountability, and ensuring accurate data to inform decisions.

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