VA First, Veteran Second: The Biden-Harris Legacy

VA Budget and ModernizationHouse Veterans' Affairs Subcommittee on Oversight and Investigations · 2025-02-06 · 119th Congress
This hearing of the House Veterans' Affairs Subcommittee on Oversight and Investigations examined how the VA has handled employee accountability, misconduct investigations, and whistleblower protections in recent years, with Republicans citing cases at Buffalo, Hampton, Loma Linda, and Eastern Colorado as evidence of insufficient discipline and Democrats disputing that framing while raising concerns about the Trump administration's dismissal of the VA Inspector General and access to VA data by Elon Musk's team. Begins at 0:12:42
Transcript
Highlights

Title

Oversight of VA employee accountability and whistleblower protection efforts

Purpose

This hearing of the House Veterans' Affairs Subcommittee on Oversight and Investigations examined how the VA has handled employee accountability, misconduct investigations, and whistleblower protections in recent years, with Republicans citing cases at Buffalo, Hampton, Loma Linda, and Eastern Colorado as evidence of insufficient discipline and Democrats disputing that framing while raising concerns about the Trump administration's dismissal of the VA Inspector General and access to VA data by Elon Musk's team. Witnesses included VA officials from the Office of Accountability and Whistleblower Protection, Veterans Health Administration, Office of Human Resources, and the Office of Inspector General, plus an outside ethics-watchdog witness. Begins at0:12:42

Who spoke

Chairwoman Kiggins (R-VA)0:12:42: Opened the hearing citing a Buffalo veteran who went 10 weeks without cancer care0:14:13 and Hampton VA Medical Center being left with one anesthesiologist0:14:43; touted the Restore VA Accountability Act of 20250:15:14 and later questioned witnesses on Hampton quality-assurance failures0:46:34.

Ranking Member Ramirez (D-IL)0:16:45: Argued the hearing's premise vilifies VA employees to advance privatization0:17:15, warned against a Trump/Musk "buyout" push and hiring freeze leaving mission-critical jobs vacant0:18:460:19:46, and later got witnesses to affirm they put "veterans first"0:51:37 before raising concerns about Musk's team accessing VA data1:27:04.

Ranking Member Takano (D-CA)0:23:19: Recounted the 2014 and 2017 accountability laws being struck down or abandoned in litigation, citing $140 million paid out in settlements0:27:52, and argued the new Restore Act would not fix patient-safety issues at Hampton, Loma Linda, Eastern Colorado, Buffalo, or Ann Arbor0:28:22.

Mr. Ted Radway, Acting Assistant Secretary, OAWP0:30:24: Testified incoming complaints rose over 60% to 3,335 from FY21–240:32:55 while case-closure time for complex cases dropped over 75%0:33:26, and management acceptance of disciplinary recommendations rose from 64% in FY21 to 92% in FY240:33:26; later said OAWP does not track whether employees under investigation are transferred1:01:43.

Mr. David Case, Acting Inspector General0:35:58: Outlined five accountability principles (governance/roles, staffing, IT systems, quality assurance, leadership)0:37:28; reported FY24 saw over 300 oversight publications, 1,100+ recommendations, nearly 250 arrests, 179 convictions, and $6.5 billion in monetary impact0:36:58; cited Hampton's ineffective monitoring of a substandard surgeon0:47:35 and Buffalo oncology scheduling failures0:48:36 as examples; confirmed vision directors show inconsistent oversight due to unclear role definitions0:59:12.

Ms. Tracey Therit, Chief Human Capital Officer0:52:38: Said the VA took over 5,000 adverse actions (removals, suspensions, demotions) in FY24 under Title 5 and accountability-act authorities, similar to the rate after the 2017 law passed0:53:08; said Title 5 is used daily and lack of authority rarely prevents discipline — evidentiary gaps do0:55:39.

Dr. Mark Upton, Deputy to Deputy Under Secretary for Health0:50:37: Described Office of Medical Inspector recommendations being tracked at both facility and VHA senior-leadership levels0:50:37; discussed the Buffalo VA staffing response following the OIG report1:14:23 and said VA received hiring-freeze exceptions for critical healthcare roles1:15:25.

Mr. Donald Sherman, CREW Executive Director0:40:31: Said Trump's firing of IG Michael Missal violated the Securing Inspector General Independence Act's 30-day notice requirement0:43:02; called the administration's first 20 days "lawless, evasive, chaotic"0:56:09 and warned Schedule F reinstatement would weaken civil-service whistleblower protections1:07:18.

Rep. Conway (R-TX)1:02:15: Asked about the rescinded ethics pledge for political appointees and its conflict-of-interest implications1:03:16, and about OAWP investigative-quality improvements1:05:47.

Rep. Cisneros/"Cisani" (D-AZ)1:08:19: Raised the SES critical-skills-incentive-pay bonus scandal and asked about OIG's 165-page report and recommendation follow-up1:09:51, and about employees resigning during investigations to avoid accountability1:12:22.

Rep. Kennedy (D-NY)1:13:53: Pressed Dr. Upton on Buffalo VA staffing shortfalls, the hiring freeze, and roughly 1,900 rescinded job postings/716 removed USAJobs listings VA-wide1:16:26, requesting a written hiring chart for the subcommittee1:18:58.

Rep. Moylan (R-Guam)1:18:27: Highlighted Guam veterans being undercounted and underserved by the VA Pacific Islands healthcare system1:19:28, asking about resource allocation, oversight visit frequency, and staffing-needs review for the territory1:20:591:22:001:23:02.

Key moments

Radway said OAWP's incoming complaints rose over 60% to 3,335 (FY21–24) while complex-case closure time fell more than 75%, and management acted on recommendations in 92% of FY24 cases versus 64% in FY210:32:550:33:26.

Case reported the OIG's FY24 output: 300+ publications, 1,100+ recommendations, nearly 250 arrests, 179 convictions, and $6.5 billion in monetary impact0:36:58.

Takano said settlements from litigation over the 2017 accountability law's Section 714 authority cost taxpayers $140 million, calling it a failure for veterans0:27:52.

Sherman testified Trump fired IG Michael Missal without the legally required 30-day notice to Congress, calling the firing illegal and unethical0:43:021:03:46; Ramirez noted Republicans relied on Missal's testimony 22 times last Congress without raising concerns about his removal1:26:03.

Therit said the VA took over 5,000 adverse actions in FY24 under Title 5 and accountability-act authorities, a rate comparable to the year after the 2017 law passed, undercutting claims that new legal authority is needed0:53:080:54:39.

Ramirez said she would formally request an IG investigation into whether Elon Musk's team accessed VA data and systems without legal authority1:27:34.

Kennedy said roughly 1,900 VA job offers were rescinded and 716 job postings removed from USAJobs following a "fork in the road" buyout email, and pressed Upton for a written hiring breakdown1:16:261:18:58.

Case testified visen (VISN) directors show inconsistent oversight largely due to lack of clearly defined duties and responsibilities, a problem extending to other leadership roles0:59:121:00:12.

Moylan noted a discrepancy between veteran counts reported by the Guam government and those recognized by the VA, attributing it to inadequate outreach to unregistered veterans1:19:58.

Radway confirmed OAWP does not track whether investigated employees are transferred, only whether disciplinary recommendations are implemented1:01:43, while Therit noted VA's authority to annotate personnel records of employees who resign under investigation is "very limited"1:12:52.

Metadata

CommitteeHouse Veterans' Affairs Subcommittee on Oversight and Investigations
Chamber / CongressHouse · 119th Congress
Date2025-02-06
TypeHearing
Witnesses
Mr. Donald Sherman — Executive Director and Chief Counsel, Citizens for Responsibility and Ethics in Washington
Dr. Mark Upton — Deputy to the Deputy Under Secretary for Health, U.S. Department of Veterans Affairs, Veterans Health Administration
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
Mr. David Case — Acting Inspector General/Deputy Inspector General, U.S. Department of Veterans Affairs, Office of the Inspector General
Videoyoutube
Transcript152 caption blocks · 12,043 words · 1:28:56 runtime
EventCongress.gov 117853