[Senate Hearing 111-87, Part 1]
[From the U.S. Government Publishing Office]
S. Hrg. 111-87
NOMINATIONS OF THE 111TH CONGRESS, PART 1
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HEARING
BEFORE THE
COMMITTEE ON VETERANS' AFFAIRS
UNITED STATES SENATE
ONE HUNDRED ELEVENTH CONGRESS
FIRST SESSION
__________
JANUARY 14, APRIL 1, AND MAY 6, 2009
__________
Printed for the use of the Committee on Veterans' Affairs
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COMMITTEE ON VETERANS' AFFAIRS
Daniel K. Akaka, Hawaii, Chairman
John D. Rockefeller IV, West Richard Burr, North Carolina,
Virginia Ranking Member
Patty Murray, Washington Johnny Isakson, Georgia
Bernard Sanders, (I) Vermont Lindsey O. Graham, South Carolina
Sherrod Brown, Ohio Kay Bailey Hutchison, Texas \3\
Jim Webb, Virginia Roger F. Wicker, Mississippi
Jon Tester, Montana Mike Johanns, Nebraska \3\
Mark Begich, Alaska \1\
Roland W. Burris, Illinois \1\
Arlen Specter, Pennsylvania \2\
William E. Brew, Staff Director
Lupe Wissel, Republican Staff Director
----------
\1\ Hon. Mark Begich and Hon. Roland W. Burris were appointed to the
Committee majority on January 21, 2009, after the nomination hearing of
General Shinseki.
\2\ Hon. Arlen Specter was recognized on May 5, 2009, as a majority
Member.
\3\ Hon. Mike Johanns was appointed to the Committee minority on
January 21, 2009, replacing Hon. Kay Bailey Hutchison.
C O N T E N T S
----------
January 14, 2009
Hearing on the Presumptive Nomination of General Eric K. Shinseki, to
be Secretary of Veterans Affairs
SENATORS
Page
Akaka, Hon. Daniel K., Chairman, U.S. Senator from Hawaii........ 1
Burr, Hon. Richard, Ranking Member, U.S. Senator from North
Carolina....................................................... 3
Specter, Hon. Arlen, U.S. Senator from Pennsylvania.............. 10
Tester, Hon. Jon, U.S. Senator from Montana...................... 11
Murray, Hon. Patty, U.S. Senator from Washington................. 13
Wicker, Hon. Roger F., U.S. Senator from Mississippi............. 14
Webb, Hon. Jim, U.S. Senator from Virginia....................... 16
Rockefeller, Hon. John D., IV, U.S. Senator from West Virginia... 17
Sanders, Hon. Bernard, U.S. Senator from Vermont................. 18
Isakson, Hon. Johnny, U.S. Senator from Georgia.................. 20
Hutchison, Hon. Kay Bailey, U.S. Senator from Texas.............. 21
WITNESSES
Dole, Hon. Bob, former U.S. Senator from Kansas.................. 4
Prepared statement........................................... 7
Inouye, Hon. Daniel K., U.S. Senator from Hawaii................. 8
Prepared statement........................................... 9
Shinseki, Eric K., General U.S. Army (Ret.), Nominee to be
Secretary, U.S. Department of Veterans Affairs................. 22
Prepared statement........................................... 25
Response to pre-hearing questions submitted by:
Hon. Daniel K. Akaka....................................... 26
Hon. Richard Burr.......................................... 39
Hon. Patty Murray.......................................... 42
Hon. Bernard Sanders....................................... 46
Hon. Johnny Isakson........................................ 48
Response to post-hearing questions submitted by:
Hon. Daniel K. Akaka....................................... 49
Hon. Richard Burr.......................................... 49
Questionnaire for Presidential nominees...................... 51
Letter from the Office of Government Ethics.................. 58
Letter from General Shinseki to the Office of General
Counsel, U.S. Department of Veterans Affairs............... 59
APPENDIX
Duckworth, L. Tammy, Director, Illinois Department of Veterans
Affairs; prepared statement.................................... 75
Berthiaume, Rene, Post Commander, Vietnam Veterans Post 10583 of
the Veterans of Foreign Wars (VFW); letter..................... 76
Kawamura, Edward M., A Disabled American Veteran, Member of Kauai
Chapter No. 5, Disabled American Veterans, Lihue, Kauai,
Hawaii; prepared statement..................................... 77
Nakamoto, Robert, President, Japanese American Veterans
Association; prepared statement................................ 78
Angapak, Nelson N., Sr., Veteran, U.S. Army; prepared statement.. 81
Attachments:
Letter introducing the Memorandum of Understanding......... 84
Memorandum of Understanding between Department of Veterans
Affairs and Indian Health Service........................ 86
----------
April 1, 2009
Nomination of W. Scott Gould to be Deputy Secretary,
U.S. Department of Veterans Affairs
SENATORS
Akaka, Hon. Daniel K., Chairman, U.S. Senator from Hawaii........ 89
Burr, Hon. Richard, U.S. Senator from North Carolina............. 121
Tester, Hon. Jon, U.S. Senator from Montana...................... 91
WITNESSES
Hon. Jack Reed, a United States Senator from the State of Rhode
Island......................................................... 90
Gould, W. Scott, Deputy Secretary-Designate for the U.S.
Department of Veterans Affairs................................. 92
Prepared statement........................................... 94
Response to pre-hearing questions submitted by:
Hon. Daniel K. Akaka....................................... 95
Hon. Richard Burr.......................................... 102
Response to post-hearing questions submitted by Hon. Daniel
K. Akaka................................................... 103
Questionnaire for Presidential nominees...................... 105
Letter from the Office of Government Ethics.................. 113
Letter from Mr. Gould to the Office of General Counsel, U.S.
Department of Veterans Affairs............................. 114
----------
April 1, 2009
Nomination of L. Tammy Duckworth to be Assistant Secretary for Public
and Intergovernmental Affairs, U.S. Department of Veterans Affairs
SENATORS
Akaka, Hon. Daniel K., Chairman, U.S. Senator from Hawaii........ 125
Burr, Hon. Richard, U.S. Senator from North Carolina............. 126
Burris, Hon. Roland W., U.S. Senator from Illinois............... 129
WITNESSES
Durbin, Hon. Richard J., United States Senator from the State of
Illinois....................................................... 127
Duckworth, L. Tammy, Designate to be Assistant Secretary for
Public and Intergovernmental Affairs, U.S. Department of
Veterans Affairs............................................... 132
Prepared statement........................................... 134
Response to pre-hearing questions submitted by:
Hon. Daniel K. Akaka....................................... 135
Hon. Richard Burr.......................................... 139
Response to post-hearing questions submitted by Hon. Richard
Burr....................................................... 140
Questionnaire for Presidential nominees...................... 142
Letter from the Office of Government Ethics.................. 155
Letter from Ms. Duckworth to the Office of General Counsel,
U.S. Department of Veterans Affairs........................ 156
APPENDIX
Japanese American Veterans Association; letter................... 165
----------
May 6, 2009
Nominations of Roger W. Baker to be Assistant Secretary for Information
and Technology; Will A. Gunn, Colonel (Ret.), U.S. Air Force, to be
General Counsel; Jose D. Riojas, Brigadier General (Ret.), U.S. Army,
to be Assistant Secretary for Operations, Security, and Preparedness;
and John U. Sepulveda to be Assistant Secretary for Human Resources and
Administration, U.S. Department of Veterans Affairs
SENATORS
Akaka, Hon. Daniel K., Chairman, U.S. Senator from Hawaii........ 169
Burr, Hon. Richard, Ranking Member, U.S. Senator from North
Carolina....................................................... 210
Prepared Statement........................................... 210
Isakson, Hon. Johnny, U.S. Senator from Georgia.................. 252
Burris, Hon. Roland W., U.S. Senator from Illinois............... 256
Johanns, Hon. Mike, U.S. Senator from Nebraska................... 258
WITNESSES
Baker, Roger W., Nominee to be Assistant Secretary for
Information and Technology, U.S. Department of Veterans Affairs 171
Prepared statement........................................... 172
Response to pre-hearing questions submitted by:
Hon. Daniel K. Akaka....................................... 173
Hon. Richard Burr.......................................... 177
Response to post-hearing questions submitted by Hon. Daniel
K. Akaka................................................... 178
Follow-up letter......................................... 180
Questionnaire for Presidential nominees...................... 181
Letter from the Office of Government Ethics.................. 187
Letter from the nominee to the Office of General Counsel,
U.S. Department of Veterans Affairs........................ 188
Gunn, Will A., Colonel (Ret.), U.S. Air Force, Nominee to be
General Counsel, U.S. Department of Veterans Affairs........... 190
Prepared statement........................................... 191
Response to pre-hearing questions submitted by:
Hon. Daniel K. Akaka....................................... 192
Attachment A............................................. 195
Memoranda................................................ 198
Hon. Richard Burr.......................................... 201
Questionnaire for Presidential nominees...................... 203
Letter from the Office of Government Ethics.................. 208
Letter from the nominee to the Office of General Counsel,
U.S. Department of Veterans Affairs........................ 209
Riojas, Jose D., Brigadier General (Ret.), U.S. Army, Nominee to
be Assistant Secretary for Operations, Security, and
Preparedness, U.S. Department of Veterans Affairs.............. 212
Prepared statement........................................... 213
Response to pre-hearing questions submitted by:
Hon. Daniel K. Akaka....................................... 214
Hon. Richard Burr.......................................... 216
Response to post-hearing questions submitted by Hon. Daniel
K. Akaka................................................... 217
Follow-up letter......................................... 218
Questionnaire for Presidential nominees...................... 219
Letter from the Office of Government Ethics.................. 227
Letter from the nominee to the Office of General Counsel,
U.S. Department of Veterans Affairs........................ 228
Sepulveda, John U., Nominee to be Assistant Secretary for Human
Resources and Administration, U.S. Department of Veterans
Affairs........................................................ 229
Prepared statement........................................... 231
Response to pre-hearing questions submitted by:
Hon. Daniel K. Akaka....................................... 232
Hon. Richard Burr.......................................... 236
Questionnaire for Presidential nominees...................... 238
Letter from the Office of Government Ethics.................. 245
Letter from the nominee to the Office of General Counsel,
U.S. Department of Veterans Affairs........................ 246
Response to request for follow-up plan by Hon. Daniel K.
Akaka...................................................... 261
HEARING ON THE PRESUMPTIVE NOMINATION OF GENERAL ERIC K. SHINSEKI, TO
BE SECRETARY OF VETERANS AFFAIRS
----------
WEDNESDAY, JANUARY 14, 2009
U.S. Senate,
Committee on Veterans' Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 10:07 a.m., in
room 106, Dirksen Senate Office Building, Hon. Daniel K. Akaka,
Chairman of the Committee, presiding.
Present: Senators Akaka, Rockefeller, Murray, Tester, Webb,
Sanders, Burr, Specter, Isakson, Hutchison, and Wicker.
OPENING STATEMENT OF HON. DANIEL K. AKAKA, CHAIRMAN,
U.S. SENATOR FROM HAWAII
Chairman Akaka. The U.S. Senate Committee on Veterans'
Affairs hearing will come to order.
Today's hearing is to consider the nomination of Eric
Shinseki to be Secretary of Veterans Affairs. I have known
General Shinseki and his family for many years. Indeed, I had
the honor and privilege of participating at his promotion
ceremony, way back when he became a Colonel. I look forward to
working with him in the latest chapter of his notable career as
Secretary of Veterans Affairs.
I am delighted to welcome with much aloha this
distinguished native of Hawaii. His wife, Patty, is here, and
Tim, their son-in-law, is here.
Following the inauguration next week, President Obama
intends to formally nominate those individuals he has selected
for cabinet positions, including General Shinseki. The plan is
for most, if not all of those nominations, to go directly to
the Executive Calendar and to be voted on later that day. Thus,
it is my hope that General Shinseki will be confirmed by the
Senate on January 20. This is the same process that was
followed in connection with the nominees to head VA during the
last two changes in Administration.
My friend, Senator Inouye, and former Senator Bob Dole will
elaborate on General Shinseki's long and distinguished career
in the Army, which culminated in his service as the Army's 34th
Chief of Staff.
I will simply note that he graduated from the United States
Military Academy in 1965 and that he served two combat tours in
Vietnam, where he was wounded twice in combat. It was the
second injury that could have ended his promising Army career.
It did not end because then-Captain Shinseki fought to remain
on active duty, and in an inspired decision, the Army agreed.
Throughout his 38 years of service in uniform, he gave his
personal best, serving with great pride and dignity. This
distinguished and decorated soldier set a new standard for the
Army. He transformed the Army into an agile, lean, flexible,
and lethal fighting force. He set a higher standard for those
to follow, while keeping the spirit of aloha. With his pride
and dedication to service, he made our Army stronger.
General Shinseki, you will have tremendous challenges
facing you. Heading VA is a challenging job, and that is even
more true in a time of war. VA must not only meet the needs of
those from prior conflicts, but also quickly adapt to address
the needs of those newly injured or disabled. Each war brings
different challenges and different demands.
With Iraq and Afghanistan, VA is responding to new
challenges: Veterans needing state-of-the-art prosthetics or
age-appropriate long-term care for injuries that will last a
lifetime. The Department must also confront less obvious and
visible wounds, such as PTSD and TBI.
Another area that needs prompt attention is the system for
compensating servicemembers and veterans for in-service injury.
The frustrating lack of timeliness and the challenge of
coordinating DOD and VA's systems are some of the areas that
must be addressed quickly. This Committee stands ready to work
with the administration on this effort. If you are confirmed,
this must be one of your highest priorities.
You will also need to focus on the transition for injured
servicemembers from active duty to veteran status. A lot of
work has been done over the last 2 years, and I am hopeful that
your long experience in the Army will enable you to continue
these efforts. For returning servicemembers, especially those
who are seriously injured, there must be a truly seamless
transition from DOD to VA.
VA has a strong and dedicated workforce of employees who
seek to do what is right. The Secretary, with the backing of
the Congress, must give those employees the leadership, the
tools, and especially the resources they need to carry out
their jobs. If confirmed, one of your first responsibilities
will be to ensure that the 2010 budget is adequate for the
coming fiscal year.
When VA is doing its best, few notice. But things are not
perfect within VA. Few human endeavors ever are. If a veteran
receives less than what is expected, it can lead to an
indictment of the entire VA system. Complaints must be
investigated and problems must be fixed; but, individual
failings should not lead to the indictment of the entire
system.
In closing, I am confident that you have a strong sense of
empathy for those served by VA and a deep commitment to VA's
mission. This will serve you well as Secretary.
I applaud your effort to avoid even the appearance of any
conflict of interest in connection with your stock portfolio,
your private consulting firm, and the boards on which you
serve. I trust that all fair-minded individuals will appreciate
the steps you have taken to preclude even an appearance of any
conflict of interest.
With respect to the rest of your team, this Committee has a
strong history of bipartisanship and this is especially true
with respect to nominations. As quickly as the administration
can send forward other advice and consent positions for VA, I
promise that the Committee will take action.
I look forward to your testimony, your responses to
questions from Committee Members, and to any post-hearing
questions. It is vitally important that the position of
Secretary of Veterans Affairs be confirmed as soon as possible.
There is a roll call vote, by the way, which is scheduled
to start at 10:30. My hope is that we can continue the hearing
with some Senators voting at the start of the roll call and
then returning, at which time other Senators would leave to
vote. If we reach a point where there is no Senator available
to continue the hearing process, there will be a brief recess.
So, let me call on our Ranking Member for his statement.
STATEMENT OF HON. RICHARD BURR, RANKING MEMBER,
U.S. SENATOR FROM NORTH CAROLINA
Senator Burr. Good morning, Mr. Chairman. Aloha. And to our
colleagues, let me say to you and them how much I look forward
in the 111th Congress--to us working together to improve the
lives of our Nation's veterans and their families.
I want to welcome General Shinseki and congratulate you on
your nomination to serve as the Secretary of the Department of
Veterans Affairs. I have personally had the opportunity to sit
down with General Shinseki and to review his extensive
credentials. It is clear to me, and I think it is clear to all
Members, that you have the experience, you have the leadership
skills, you have the determination needed to serve in a very
important and challenging position as Secretary of Veterans
Affairs; and I certainly welcome you and your family here
today.
Let me take a slightly different tack than what the
Chairman took. The Chairman has to say, ``if you are
confirmed.'' Let me say this, General, ``When you are confirmed
as the head of the VA,'' you would be entrusted with one of the
most noble missions of the Federal Government, and that is
caring for the men and women who have served and sacrificed on
behalf of our entire Nation. That means providing veterans and
their families with a broad range of benefits and services that
they need to live full and productive lives and making sure
that our fallen heroes are honored and memorialized.
But, as we will discuss today, the next Secretary will face
many serious challenges in carrying out that mission. With our
Nation continuing to fight conflicts in Iraq and Afghanistan,
we have men and women returning home with the physical and
psychological wounds of war. For those who leave the military,
the goal must be to ensure they are quickly and effectively
provided with the benefits and services that they need to
return to civilian life as closely as possible as to how they
left.
Unfortunately, too many wounded servicemembers do not
experience a seamless transition from active duty to civilian
life. General, I look forward to hearing your thoughts on how
we can prevent these wounded warriors from falling through the
proverbial crack.
Our Nation is also facing the highest unemployment rates in
nearly 16 years, which may lead veterans who lose their jobs to
seek health care from the VA for the very first time. General,
as Secretary, your charge would be to ensure that as more
veterans come into the system, the quality of the health care
provided by the VA does not deteriorate. This challenge will be
even greater in States like mine of North Carolina, where the
number of veterans is growing and where VA capacity is already
stressed beyond its capable means.
In addition, the next Secretary will be responsible for
implementing the new Post-9/11 GI Bill. At a minimum, that
means making sure veterans and their families receive the
correct amount of benefits on time. But it also means providing
user-friendly benefits that allow veterans and their families
to make the educational choices that best meet their needs.
General, considering all the challenges that lie ahead, I
appreciate your willingness to serve our Nation in this very
important role. I congratulate you again on your nomination
and, more importantly, I look forward to working with you on
behalf of our Nation's veterans and their families. I thank
you, General.
Thank you, Mr. Chairman.
Chairman Akaka. Thank you very much, Senator Burr.
Before we continue with opening statements of the
Committee, I would like to call on our two distinguished World
War II veterans, my esteemed senior Senator, Dan Inouye, and
our former colleague, Senator Bob Dole, for their introduction
of General Shinseki.
I will leave it to the two of you to decide on the order of
your introductions.
[Laughter.]
Senator Inouye. You are older.
[Laughter.]
Chairman Akaka. Senator Dole?
PRESENTATION OF GENERAL ERIC K. SHINSEKI, U.S. ARMY (RETIRED),
PRESUMPTIVE NOMINEE TO BE SECRETARY OF VETERANS AFFAIRS, BY
HON. BOB DOLE, FORMER UNITED STATES SENATOR FROM THE STATE OF
KANSAS
Senator Dole. Well, you know, like everybody on this
Committee, we are all concerned about our veterans. There are
25 million-plus veterans, so this is no small job that you are
undertaking. I have read all the material I could find. I don't
know of anything you haven't done. You have been twice wounded.
You have been on that side. You have been a patient. You
understand the needs of patients. You know that, obviously,
priority number 1 are deserving veterans; and the great
majority are. But, there are always some who may be gaming the
system.
I am honored to be here, not only with you but with my
former colleague, Senator Inouye. A little trivia. We were
wounded a week apart, a mile apart, or a hill apart in Italy
near the close of the war. We wound up in the same hospital,
along with Colonel Hart, who the Hart Building is named after.
So, here are three of us--we don't know whether it is politics
or whatever--who found ourselves together in the U.S. Senate.
They were both wonderful men; and the Hart Building is named
after Phil Hart because he was the conscience of the Senate. I
never heard him utter a bad word about any other colleague on
or off the board. He was just a great mentor for me because
before I decided to run, I came to Washington and had a long
visit with Phil Hart.
Dan, as an aside, was the best bridge player at Percy Jones
General Hospital. We had nothing else to do, so we stayed up
all night, and I think he won the championship. I don't know
how many entries there were, but he won the championship.
I think one thing that ought to be noted here, we have
General Shinseki succeeding General Peake and these guys have
been long-time friends. It will be a seamless transition and
they will be working together whenever they need each other. I
don't know what General Peake has in mind, but I want to
personally thank him for what he has done. I particularly want
to thank General Shinseki for all he has done from Vietnam to
Bosnia to Afghanistan and Iraq to the present day: for his
willingness, again, to offer his dedication, knowledge, and
experience to this country.
I know his assignment will take time away from his
cherished grandchildren, which is not easy, particularly when
General Shinseki has already given so much to his country.
As I said, when Senator Inouye and I had the pleasure of
introducing the current Secretary, it is good to have a
Secretary who is impatient and who knows what it is like to
have been in the system succeeding General Peake. He has lived
with disability since his service in Vietnam and I cannot
believe a day does not go by where he is not inconvenienced in
some way in his life because of the sacrifices he has already
made for his country.
He is a West Point graduate, as was General Peake. That
doesn't mean he won't care for those in the Navy and all the
other branches----
[Laughter.]
Senator Dole [continuing]. But it is just another
indication that this is a man of quality. We are lucky to have
him. I think he was--you were the Army Chief of Staff when
Peake was appointed Surgeon General, which I am certain you had
something to do with. But anyway, as I said, they are long-time
friends and this will be one of the easiest transitions there
is.
He will be a strong voice for veterans in the new
administration. He has a profile, and I don't condemn anybody
who was VA Secretary in the past, but when you have a General
with a record like his--he is going to have young men and women
who are patients or looking for help after they are out of the
hospital knowing that they have confidence in the leader of the
VA system. This means a lot to people. They may never get to
meet the General, but they have got to think in their mind,
``here is a man who has been through it, here is a man who
understands it, and I feel better about what is going to
happen.''
I was on a flight--I think we were going to Kyrgyzstan. I
wasn't certain I knew where it was. But on the way to the
flight, a colonel who happened to be from Kansas came over to
me and said, ``I just want to visit a while.'' When he left he
said, ``Before you get off the plane or sometime,'' and he gave
me his card. And on the back was a quote by John Stewart Mill
and this is a quote. ``War is an ugly thing,'' it read, ``but
it is not the ugliest of things. The decayed and degraded state
of moral and patriotic feeling which thinks that nothing is
worth war is much worse. The person who has nothing to which he
is to fight for which is more important than his own personal
safety is a miserable creature and has no chance of being free
unless made so and kept so by the exertions of better men than
himself,'' end of quote.
This is something that I know our friend General Shinseki
understands. As a free country, America honors its commitments,
and the first of those commitments is to support men and women
in uniform and their families who risk everything in most
cases. We will meet our commitments because we have a committee
such as we have, and we have men like the new Secretary who
will serve and do everything that should be done for our
deserving veterans and promised them by a grateful Nation.
As the Members of this Committee know, I joined former HHS
Secretary Donna Shalala on a Presidential Commission examining
the care we provide our warriors in VA and DOD facilities. I
think it is fair to say there were nine of us on the Committee,
of which five had disabilities. And whatever you think about
President Bush, we had several meetings with the wounded
veterans and the only thing he ever told us was that he was
responsible for what happened to each one of these young men
and young women. He said, ``Do whatever it takes.'' Nobody was
asked the cost, nobody was asked the politics; and that is the
way it should be, and that is the way it will be with the new
Secretary.
So, I think I was pleased, President Bush was pleased, and
many Members of Congress were pleased with the recommendations
of the Dole-Shalala Commission. And if not, I know Congress
will make changes. We made recommendations where we thought if
somebody lost an arm, for example, even though it is indirectly
compensated, there should be a separate compensation because
that quality-of-life has gone from a ten to a two or three or
four, and the same for anybody else with a serious injury. It
doesn't have to be physical. It can be TBI or those very bad
cases of PTSD. That is just one example that we think Congress
should take a hard look at.
When I called General Shinseki to offer help, I learned
that being Secretary of VA is not considered a political
appointment, and I compliment President-elect Obama for keeping
the VA that way. Of any cabinet I can think of in the
government that should not be political, it is the Veterans
Administration. Nobody knew when we went to war whether we were
Democrats, Republicans, Independents. Nobody knows. It doesn't
make much difference to the veterans today. They are just
looking for some decent, honest person like General Shinseki to
provide them leadership.
The President-elect has made a wise choice and his
appointment is yet another powerful indicator of how we care
for and respect our men and women who serve our country. I
cannot think of a better person to look after our 25 million-
plus veterans than this true American hero, who has done about
everything one can think of for his country. I wish I were
still in the Senate so I could vote for his confirmation.
God bless America, General Shinseki, and our men and women
whose service has kept us free. I ask that my statement be made
a part of the record.
[The prepared statement of Senator Dole follows:]
Prepared Statement of Hon. Bob Dole, Former U.S. Senator from Kansas
Thank you, Mr. Chairman and Members of the Committee. I'm pleased
to be here with my former colleague and dear friend, Senator Dan
Inouye, to introduce an American hero.
General Shinseki has an outstanding, impeccable record of service
and personal sacrifice for our country. I personally thank him for all
he has done from Vietnam, to Bosnia, to Afghanistan and Iraq, to the
present day for his willingness again to offer his dedication,
knowledge and experience to this country. I know he his assignment will
take time away from his cherished grandchildren, which is not easy,
particularly when General Shinseki has already given as much as he has.
As I said when Senator Inouye and I had the pleasure of introducing
the current Secretary, General James Peake: it is good to have a
Secretary who has been a patient and who knows what it is like to have
been in the system.
General Shinseki has lived with a disability since his service in
Vietnam. A day does not go by that he is not inconvenienced in some way
or his life affected because he sacrificed for his belief in his
country.
General Shinseki is a West Point graduate as was General Peake. He
was Army Chief of Staff when the President appointed Secretary Peake
Army Surgeon General. Both men were wounded twice in Vietnam. They are
long time friends. With General Shinseki following General Peake the
President-elect is doing the right thing by ensuring continuity for our
veterans--who deserve the best and they will get it with this
appointment.
General Shinseki will be a strong voice for vets in the new
administration and an individual who truly knows what our commitment to
deserving veterans should be.
About two years ago I was on a flight with a colonel who was headed
to Afghanistan for a second time. He handed me a card and on the back
was a quote by John Stewart Mill: ``War is an ugly thing,'' it read,
``but it is not the ugliest of things. The decayed and degraded state
of moral and patriotic feeling which thinks that nothing is worth war
is much worse. The person who has nothing for which he is willing to
fight, nothing which is more important than his own personal safety, is
a miserable creature and has no chance of being free unless made and
kept so by the exertions of better men than himself.'' This is
something General Shinseki understands.
As a free country, America honors its commitments, and the first of
those commitments is support to men and women in uniform and their
families who risk everything in most cases. We will keep our commitment
because we have men like General Shinseki who will serve and do
everything that should be done for our deserving veterans and promised
them by a grateful Nation.
As the Members of this Committee know, in 2007, I joined former HHS
Secretary Donna Shalala on a Presidential Commission examining the care
that we provide to our warriors returning home from our recent and
ongoing wars.
We found excellent care within the DOD and VA systems, but we also
found many challenges that needed to be addressed so that patients and
families were not burdened more than they already are when a loved one
in the service faces serious injury or a lifelong disability.
I was pleased that President Bush and many Members of Congress in
both parties took many, if not all, of our recommendations to heart.
They were recommendations that we constructed through what we believe
was rigorous examination and broad input from many people that know the
system inside and out, what its strengths and what its weaknesses are.
When I called General Shinseki and offered to help, I learned he
does not consider being Secretary of VA a political appointment and I
compliment President-elect Obama for keeping the VA that way. The VA
certainly should be free of politics.
The President-elect has made a wise choice and his appointment is
yet another powerful indicator of how we care for, and respect, our men
and women who serve our country.
I cannot think of a better person to look after our 25 million plus
veterans than this true American hero who has done about everything one
can think of in serving his country. I wish I were still in the Senate
so I could vote for his confirmation.
God Bless America, General Shinseki, and our men and women whose
service has kept us free.
Chairman Akaka. Thank you. Your statement will be included
in the record and thank you very much, Senator Dole.
Now, Senator Dan Inouye.
PRESENTATION OF GENERAL ERIC K. SHINSEKI, USA RETIRED,
PRESUMPTIVE NOMINEE TO BE SECRETARY OF VETERANS AFFAIRS, BY
HON. DANIEL K. INOUYE, U.S. SENATOR FROM THE STATE OF HAWAII
Senator Inouye. Thank you very much, Mr. Chairman, Senator
Burr, and distinguished Members of this Committee. I am
grateful for this opportunity to appear before you with my very
dear friend, Bob Dole, Senate Majority Leader, to present
General Shinseki, President-elect Obama's nominee to serve as
Secretary of the VA.
In Hawaii, our favorite word is aloha, but second to that
is the word ``ohana,'' and that word means family. But a
Hawaiian family includes men and women not necessarily of blood
kinship, but united by shared concerns and shared beliefs. Yes,
that is ohana.
I had the great honor of standing with Senator Oren Long,
Hawaii's first elected Senator, to nominate General Shinseki to
the United States Military Academy at West Point. Since that
appointment and his acceptance, I have naturally followed his
career.
In his initial tour of duty in Vietnam, he did well, but he
suffered a grievous injury. Most Americans are not aware of
this, but he has an amputated foot. Any other man would have
justifiably resigned himself to civilian life and retired from
the military. It would have been an honorable thing to do.
However, General Shinseki pleaded to remain on active duty
despite the hardship and physical pain.
Well, this is just one measure of the man who appears
before you today, an unflinching devotion to our country and to
his duty. His plea was granted. General Shinseki's service
encompassed both further study. He got his Master's from Duke
University and later at the United States Army Command and
General Staff College and National War College. These studies,
together with an astute grasp of the pragmatic, and the quality
of his leadership, supported a steadily spiraling course upward
through the ranks of the Army. That is another measure of
General Shinseki: the stamina required for sustained
excellence.
During my service as a Senator, I had the occasion to go to
Kosovo and I was so proud when I met General Shinseki,
Commanding General of Kosovo Operations. At that time, I was
certain that his career would blossom further. In June 1999,
General Shinseki became the Chief of Staff of the United States
Army.
His tenure in that high post included the onset of the Iraq
War. As we move from the emotional frenzy of commencing
hostilities, Members of Congress began to have questions, most
notably whether we had adequate resources to succeed in this
war, and obviously General Shinseki was called upon to testify
at hearings. I think most of us expected the General to give
the standard line that any administration would favor. But as
we all know, he did not. He told the truth. It wasn't easy, and
in so doing took a position contrary to his Commander-in-Chief.
His honest assessment that more troops would be needed cost
him his job, but it is the surest measure of his fitness to
serve as a member of the cabinet. To speak the truth in the
face of enormous pressure is not to take the easy way out. This
is the kind of man I want to see as Secretary of the Department
of Veterans Affairs.
Members of the Committee, I am proud to know him, but I am
prouder still to be in his ohana.
I thank you very much, Mr. Chairman.
[The prepared statement of Senator Inouye follows:]
Prepared Statement of Hon. Daniel K. Inouye, U.S. Senator from Hawaii,
in Support of the Nomination of General Eric Shinseki
Mr. Chairman, Senator Burr, Members of this distinguished
Committee, I am grateful for this opportunity to stand before you with
my dear friend, Senator Bob Dole to present General Shinseki President-
elect Obama's nominee to serve as the Secretary of Department of
Veterans Affairs.
In Hawaii, we use a word almost as frequently as ``aloha,'' and
that word is ``ohana.'' Ohana means ``family,'' but a Hawaiian family
includes men and women not necessarily of blood kinship, but united by
shared beliefs and concerns.
I had the great honor of standing with Senator Oren Long to
nominate General Shinseki to the United States Military Academy at West
Point. Since that appointment and his acceptance, I have followed his
career.
In his initial tour of duty in Vietnam he did well, but suffered a
grievous injury to his foot. Any other man would have justifiably
resigned himself to civilian life and retired from the military.
Instead, General Shinseki pleaded to remain in active duty despite the
hardship and physical pain.
That is one measure of the man who stands before you today: an
unflinching devotion to country and duty.
His plea was granted, and General Shinseki's service encompassed
both further study--first at Duke University where he received his
Masters, and later at the United States Army Command and General Staff
College, and at the National War College. These studies, together with
an astute grasp of the pragmatic, and the quality of his leadership,
supported a steadily spiraling course upward through the ranks at the
Army.
That is another measure of General Shinseki: the stamina required
for sustained excellence.
I was so proud when I met with him face-to-face in Kosovo, where he
served as the Commanding General. At that time, I was certain that his
career would blossom further--and in June 1999, General Shinseki became
the Chief of Staff of the United States Army.
His tenure in that high post included the onset of the Iraq War. As
we moved from the emotional frenzy of commencing hostilities, Members
of Congress began to have questions--most notably whether we had
adequate resources to succeed. When General Shinseki came to testify at
Congressional hearings, many expected him to give the standard line the
Administration favored. He did not. He told the truth, and in doing so
took a position contrary to the Administration.
His honest assessment that more troops would be needed cost him his
job, but it is the surest measure of his fitness to serve as a cabinet
member.
To speak the truth in the face of enormous pressure to take the
easy way out . . . this is the kind of man I want to see as Secretary
of the Department of Veterans Affairs. This is the kind of man I am
proud to know--and I am prouder still to be in his Ohana.
Chairman Akaka. Thank you very much, Senator Inouye, for
your statement and for presenting with Senator Dole our
nominee.
Senator Dole. Mr. Chairman, could I just add one word?
Chairman Akaka. Senator Dole?
Senator Dole. I want to agree with the Chairman. There is
much good about the VA. There have been a lot of negative
stories, but I think we all agree that in most cases, they do a
good job. It has just gotten better in the last 10, 15, 20
years; and it is going to get better because of men like this.
Chairman Akaka. Thank you. Thank you very much for your
statements.
Now I will continue with opening statements from the group
here. Let me call on Senator Specter, who told me he has to
leave, for his opening statement.
STATEMENT OF HON. ARLEN SPECTER,
U.S. SENATOR FROM PENNSYLVANIA
Senator Specter. Thank you, Mr. Chairman. I am pleased to
be here to join in the accolades for General Shinseki. I was
interested to hear the opening statements of Senator Dole and
Senator Inouye. Senator Dole and I have a common heritage,
coming from the same little town in Kansas--4,998 people. They
used to have 5,000 until Dole and I left town. I moved there
when I was 12, and he was away at college. He was a much older
man at that time, but I have pretty much caught up with him.
[Laughter.]
To hear Senator Inouye's recitation of General Shinseki's
illustrious career really tells it all, a West Point grad. I
had the opportunity to meet General Shinseki about a decade ago
in Bosnia. I was very much impressed with his record then and
impressed to have a chance to sit down and talk to him a few
days ago.
He has a very, very difficult job. The United States has
become a great, powerful Nation because of what our fighting
men and women have done, from the Revolutionary War on.
I have a special interest in veterans' affairs which led me
to select this as a first committee, and I had the honor to
chair it for some 6 years. My interest arose because of my
father, who was a veteran of World War I. My dad was born in
Russia and he was 18 in 1911 and the czar wanted to send him to
Siberia. He didn't want to go to Siberia. He learned it was
cold there. He wanted to go to Kansas. It was a close call, but
he got to Kansas----
[Laughter.]
Senator Specter [continuing]. Where I was born, and he
served in World War I and he was wounded in action. He carried
shrapnel in his legs from the Argonne Forest until the day he
died, including the days when he drove a big truck full of junk
onto the scale of Doran Dole, who ran the grain elevator in
Russell, Kansas, Bob's father, the only scale big enough to
weigh the truck.
But the Federal Government promised the veterans a bonus,
$500, a lot of money in those days--still a lot of money. The
government broke the promise--which the government too often
does to the veterans--and there was a march on Washington. My
father couldn't participate. He couldn't walk that far. He
didn't have the train fare. And on that day, they killed
veterans right out here on the Mall--one of the blackest days
in American history.
And when I heard about that as a toddler--I think it is
hard to know what motivates a person--that made up my mind to
come to Washington to get my father's bonus, figuratively
speaking. I haven't gotten it yet, so I am running for
reelection. [Laughter.]
But we have a lot of work to do to provide adequate
funding. We tend to forget about the veterans after they have
done their job, and I have urged General Shinseki to be a tough
advocate for the Office of Management and Budget, and I am
pleased to support you, General.
We have the Holder hearing tomorrow, so regrettably, I am
not going to be able to stay, but nothing could change my mind
anyway.
Thank you, Mr. Chairman.
Senator Rockefeller [presiding]. Thank you, Senator
Specter. There are lots of dots on that clock and I have got to
go vote and I will be right back. The distinguished Senator
from Montana--where is Montana?
[Laughter.]
Senator Tester. Just west of West Virginia.
Senator Rockefeller. Just west of West Virginia. He is here
to act as Chairman, and----
Senator Dole. It is cold out there, too.
Senator Rockefeller [continuing]. And I just wanted to say
that it was very moving to me when General Shinseki walked into
my office. I was for him before he came in. I was so much for
him, even more so when he left--just to know the man in the
sense I sort of knew the man when he came in. But to have both
of you introducing him--Senator Dole, it was an incredible
privilege and a very emotional experience for me because of all
that you have done in your life. Senator Inouye, well, he is my
boss still, so I have to be nice to him, but it is not very
hard because he has sacrificed. The only thing I really resent
about him is the fact that in the movie that Ken Burns did on
the war--seven minutes left, and I have time to say this--that
you were so incredibly handsome, and I have always held that
against you. [Laughter.]
But times since then have sort of evened things out, so I
feel better. [Laughter.]
So I am going to go vote and Senator Tester will chair. I
will be right back.
Senator Tester [presiding]. Thank you, Senator Rockefeller.
Senator Rockefeller. And I still want to give my statement.
Senator Tester. Without objection.
Senator Rockefeller. Thank you.
STATEMENT OF HON. JON TESTER,
U.S. SENATOR FROM MONTANA
Senator Tester. I appreciate the kind comments. That
typically isn't always the case, so thank you.
Senator Inouye and Senator Dole, thank you for being here.
I appreciate you guys being here and----
Senator Dole. Thank you.
Senator Tester [continuing]. Thank you. I think it is
entirely appropriate as we approach the confirmation of General
Shinseki to give thanks to General Peake for the work that he
has done over the last short while that he has been in that
office. He has done a nice job and we need to thank him for
that, because this is an important job.
I want to welcome General Shinseki. From my perspective,
your reputation, as all have said, is impeccable and your
biography absolutely is top flight. I quite honestly am very,
very happy that a man of your capability and your stature is
willing to tackle this very, very important position as the
head of the VA; because in Montana, we have about 100,000
veterans. That might not sound like a lot, but it means that 11
percent of our State population are veterans. It is a large
group of people, a very deserving group of people that deserve
good people working for them, and so you fit that mold in all
the areas.
So thank you for being here. I believe you will be
confirmed. I intend to support you, barring something
catastrophic that might come up, but that isn't going to
happen.
As I said when you came to my office, I appreciate your
willingness to serve. I look forward to having you come out to
the great State of Montana to take a peek around about the
challenges that our veterans face every day. I don't think we
are different than any other rural State. It is a challenge for
veterans to get to health care in some cases; and to be honest,
it is a challenge for them even to navigate through the
benefits system in others, which we will all try to work
together to get fixed.
I have had many, many hearings in the State of Montana over
the last couple of years and one of the things that a veteran
told me early on was that he had had some problems with the VA.
He said, ``It is apparent that they are trying to outlive me
and they will get it done.'' We need to eliminate that kind of
frustration as much as possible. These are folks that have
served this country, in some cases literally put their lives on
the line for this country, and I know you are committed to
making things right by them and fulfilling the promises that we
have made to them. I look forward to this Committee, and
particularly myself, working with you to make sure that
happens.
I am frustrated, to say the least, about the fact that the
VA and the DOD don't have a seamless electronic medical
record--record sharing. I have great hopes that with your past
positions you can have some influence on the DOD. Right or
wrong, I put most of the focus on them in this particular
situation. I think the VA has done a great job developing the
system. We need to get the DOD to buy into it and then we need
to work together with them--I am saying the VA when I say
``we''--to see that we can make progress on that front because
I think it will help down the line in a number of different
areas.
We also have the issue of mental health that is the
signature injury coming out of Iraq and Afghanistan. There are
some campaigns beyond the Yellow Ribbon Campaign that the
Montana National Guard has been developing and utilizing, as
well as a number of other States. I think it is very
successful--for Guardsmen. Do Reservists have the same kind of
support? They have the same deployment schedules, for the most
part, same kinds of issues. Do they have access to those same
kinds of programs?
The issue--in more rural areas--of contracting out and how
we deal with that without destroying the VA, because it does
provide some of the best health care in the world. But still,
with distance and economy of scale, it may be good to look at
that in certain instances.
And then, finally, with vocational programs for veterans--
how we can work better; how the VA can work better with Labor
Department programs to help veterans find meaningful employment
while helping turn the economy around in this country--because
they are some of the best people on earth.
Senator Murray has rejoined us, and so I would just say in
closing--and we will follow up on some of this stuff with the
questions and answers--but in closing, I would just say I am
very happy you are here. I had a very good relationship with
General Peake. I told you that in my office. I anticipate we
will have a better relationship.
Thank you very much for being here and I look forward to
your confirmation.
Senator Murray?
STATEMENT OF HON. PATTY MURRAY,
U.S. SENATOR FROM WASHINGTON
Senator Murray. Thank you very much, Senator Tester.
General Shinseki, welcome to this Committee and thank you
for being willing to take on this incredibly important task.
You have been nominated to what I believe is one of the most
challenging and rewarding positions in our government and I
applaud your willingness to take on this critical position. I
look forward to working closely with you once you are
confirmed.
I have always said that we need a VA Secretary who will be
honest about what our veterans need and have the backbone to
stand up and ask for it. Too many of the problems that we have
seen at the VA have been brought to light by GAO reports, news
organizations, investigations, or whistleblowers. We had a GAO
report following the VA's $3 billion budget shortfall back in
2005 that showed that the VA had actually misled Congress,
concealed funding problems, and based its projections on
inaccurate models. A television network uncovered disturbing
veterans' suicide numbers, while an internal e-mail from the
VA's own head of mental health expressed a desire to cover up
the data. McCarthy News found that the VA had repeatedly
exaggerated the past successes of its medical system, and the
list just goes on.
General Shinseki, I worked in the Seattle VA during college
and I have seen the incredible dedication and work of staff and
doctors and nurses on the ground, and these everyday heroes are
working very, very hard to make sure that America's veterans
are receiving the kind of care that they deserve. But both
veterans and VA staff have been done a disservice by a top-down
bureaucracy that has failed to be honest with Congress and has
been very resistant to change.
Under Secretary Peake's leadership, progress has been made,
and I am very glad for that. I believe he is leaving the VA a
better agency than he found it. But there is a lot of work
ahead of us. Veterans are still waiting too long for benefits.
Female veterans are returning to a system that is not prepared
to care for their unique needs. Facilities are in desperate
need of renovations. And 20 percent of our veterans are
returning home with serious mental health needs to a VA that
still doesn't have the mechanisms in place to take care of
them.
I know you have been out talking to veterans and VSOs and
hearing about those challenges and listening to veterans
themselves. That is a key part of this job. America's veterans
deserve a truthful advocate who will break through the red tape
and make veterans, not the bottom line, the priority of VA
management.
Having sat next to President-elect Obama when he sat on
this Committee--right next to me--I know his dedication to
those who served our Nation and to their families and I very
much appreciate his pledge to reverse the current
administration's flawed decision to close the doors of the VA
to Priority 8 veterans. As you know, I sponsored legislation to
reopen access for all those who have served and I applaud your
commitment to achieve that goal responsibly, as well.
As you wrote in response to one of this Committee's pre-
hearing questions, ``The overarching challenge that the VA
faces is its transformation into a 21st century organization as
called for by the President-elect.'' That is no small task. But
given your history of tackling complex problems and your record
of speaking truth to power, I think you are up for this
challenge.
Change is not going to happen overnight. We know that we
are going to continue to face challenges at the VA no matter
who is in charge. But with transparency, with honesty, with
energy, the next VA Secretary can begin to tackle these
challenges and make a difference for our veterans.
I want you to know I stand ready to work with you to make
that happen with as much energy, honesty, and transparency as I
can, as well. And I hope that you view Congress as a partner,
not an adversary, in your work to ensure that our veterans get
the care and compassion that they have earned.
Thank you very much. Thank you, Mr. Chairman.
Chairman Akaka [presiding]. Thank you very much, Senator.
Now, we will hear from Senator Wicker.
STATEMENT OF HON. ROGER F. WICKER,
U.S. SENATOR FROM MISSISSIPPI
Senator Wicker. Thank you, Mr. Chairman, and thank you,
General Shinseki, for your service, for your willingness to
serve again on behalf of the United States of America.
I learned this morning when we were shaking hands and
visiting before the hearing convened that you have a
distinguished record on the faculty at the United States
Military Academy. I noticed that Representative John Shimkus of
Illinois was here to shake hands and enthusiastically greet you
and wish you well. He was an English student of yours at the
Academy, and I wanted that to be reflected on the record, that
Representative Shimkus came over to offer his support from the
other body.
General, you have been before the Senate for confirmation
on five occasions already. You surely must realize that during
this process, you will eventually be allowed to speak for
yourself----
[Laughter.]
Senator Wicker [continuing]. But we are going to make sure
that we talk, too. And so, by way of opening remarks, I want to
thank you for coming by earlier and speaking to most of us in
our offices. I read with interest your prepared testimony and I
noticed that you outlined three general principles that you
would be striving to achieve during your tour of duty in the
Department of Veterans Affairs.
One would be that veterans would be the centerpiece, and
you mentioned in that regard that the workforce in the VA would
be standard-setters in their field. I very much applaud that.
Certainly, it is reasonable to expect that the specifics and
your specific program will come later, but I applaud that as a
goal.
Second, you mentioned the timeliness and excellence of
service by your Department.
The third general principle is to look for ways to do
things smarter and more effectively and to use the world's best
practices. I think that is a very healthy beginning to setting
principles, Mr. Chairman, and I applaud our nominee for those
today.
I would just like to say during my opening statement that I
hope we can employ those principles when it comes to two
specific things that I mentioned to you earlier in our private
conversation. One would be with regard to veterans' nursing
homes--not only those that are run by the VA alone, but also in
partnership with the various States. We have close to 300 in
both categories and there is a proposal to build two more VA
nursing homes during 2009.
There is a new concept in the area of nursing homes and it
is called the greenhouse approach. We haven't used this yet in
the government. Basically, it strives to put groups of eight or
ten patients, if you will, in a nursing home together in a pod
or in a separate building and ask them to participate in the
decisionmaking as to what sort of activities and what sort of
food and what sort of other decisions that they are capable of
making, even though they are housed in a nursing home.
I am a veteran myself. My father is a World War II veteran.
My son will soon enter the United States Air Force. I would
like to think that if it ever came to the point where I had to
go into a nursing home, I could go into the best, the most
modern type of nursing home; one that exercises, as you said,
doing things in the smartest way, that exercises the best
practices.
So I mentioned to you privately and I will mention to you
publicly on the record that I hope in that regard that we can
work together with this Committee and with the Congress to make
sure that when it comes time for our veterans to move into a
nursing home, if that should be required, that they can move
into the very best possible kind of nursing home care.
I would also hope that we could apply those three
principles in the area of electronic medical records. I believe
it was the Chairman who earlier mentioned the desire of this
Committee to have a seamless transfer from DOD to the
Department of Veterans Affairs. Certainly coming from DOD
yourself and now moving into this new area of responsibility,
you are uniquely positioned to work in that regard.
But I know that if it were an easy task--to have this
seamless process of medical records moving from DOD to VA when
the time comes for our members to transition--if that were
easy, we would have done it already. It is difficult and we
have asked the Departments to do this.
I hope that the three principles that you outlined: of
using the best practices in the world; excellence in service;
and being a standard setter, that--with regard to the
electronic medical records and also veterans' nursing home
care--that we can be a standard setter. And I look forward to
being your teammate in this regard.
I thank you and congratulate you on your nomination and
your certain confirmation. Thank you, sir.
Thank you, Mr. Chairman.
Chairman Akaka. Thank you very much, Senator Wicker.
Senator Webb, your opening statement.
STATEMENT OF HON. JIM WEBB,
U.S. SENATOR FROM VIRGINIA
Senator Webb. Thank you, Mr. Chairman, and General,
welcome.
I have to say, first of all, it was really moving to see
you sitting there flanked by Senator Inouye and former Senator
Bob Dole. First of all, I was thinking about the kind of
services these individuals have given our country; and the
other was, you and I are both Vietnam guys and there aren't
many opportunities left in our lives to be around people who
are going to look at us and call us ``young fella.''
And also, Mr. Chairman, if I may, there is an individual
out here who I would like to personally recognize. John Fales,
who is over at the press table, was wounded as a Marine in
Vietnam, lost his sight as a result of his wounds. I have been
knowing John and working with him for more than 30 years, since
I was a counsel on the Veterans Committee. General, if you
don't know him yet, you are going to. He is rather famous as
Sergeant Shaft in the Washington Times. So John, if you could
take a quick bow, I would appreciate it. Semper Fidelis and
thank you for all that you have been doing for veterans over
the years. [Applause.]
I think your selection, General Shinseki, is an inspired
act of leadership by the incoming President. I look forward to
your tenure.
When I look at the VA now, having been involved with it in
a lot of different capacities--as a recipient, as a committee
counsel, and now here in the Senate, and having spent 5 years
in the Pentagon--I really believe the greatest challenge for
the VA is simple leadership. Just getting the right people in
the positions, understanding how to break the logjams that have
created so many problems, and getting the benefits that have
been voted out by the Congress into the hands of the veterans
who deserve them. And I think that your background,
particularly as having been Chief of Staff of the Army, is
particularly suited to trying to solve those problems.
I have a special interest, as you know, in the G.I. Bill
and how we are going to put that program online in a timely way
and in a way that is going to have as few administrative
difficulties as possible.
But I would like to make one other point here at the outset
of your testimony. You are the fourth consecutive Academy
graduate, by my count, to be serving in this position, as you
will. On the one hand, that has an up-side, obviously, with the
type of leadership preparation and the service that goes along
with that. I say this as someone who also went to a service
academy. But also, it is a challenge that I have watched in
some of your predecessors in the sense that I would hope you
will keep your eye on the notion that veterans' programs really
do have a different character than military programs and
sometimes this seems to get lost in how they are administered.
I hope you will pay special attention to the way that we
are now going through these disability evaluations. In my mind
and in my experience, there is a marked difference between
assigning a disability for someone saying that they are not fit
for active duty and therefore should leave the military as
opposed to how that disability is measured throughout someone's
life as a veteran. And sometimes, that gets lost even in the
discussions that we have been having over the past couple of
years with the Dole-Shalala Commission and these other things.
So the bottom line, really, on this, my personal request to
you as a leader is I hope you will do everything you can to
reach out to the veterans' groups. There are people who have
spent their entire lifetimes, adult lifetimes, working on these
issues and understanding the different characteristics of them;
and also the many, many talented people inside the VA who have
done the same thing--devoted their professional lives to this
distinct environment of the aftermath of military service--and
to really be sensitive to the different personality between the
Department of Defense and veterans' benefits.
With that, I wish you well. As I said, I think this is an
inspired choice and my door is always open.
Thank you, Mr. Chairman.
Chairman Akaka. Thank you, Senator Webb.
We will continue with opening statements from Members. Next
will be Senator Rockefeller, followed by Senator Sanders and
Senator Isakson. Senator Rockefeller?
STATEMENT OF HON. JOHN D. ROCKEFELLER IV,
U.S. SENATOR FROM WEST VIRGINIA
Senator Rockefeller. I sort of gave one, Mr. Chairman, so I
am cheating a little bit, but there is no way for me to express
how proud I am that you are the President's nominee. In one
sense, it shouldn't have surprised me. I am not trying to be
partisan about this. I am overwhelmed by the people that have
been nominated for cabinet positions and confirmable positions
that come to my office and their quality is just beyond belief;
one after another--scientists, veterans, administrators to be--
all of them.
Everybody is going to make mistakes and what I've always
liked about you (before I even met you), was that I had a
feeling that you wouldn't know how not to tell the truth,
regardless of the consequences. I got that from television and
newspapers and I got it full bore yesterday. Like Senator Webb
was just saying, I think the Veterans Administration--although
I think it is the best hospital system in the United States of
America, which most people don't give it credit for--it has so
many problems still. Two hundred twenty thousand people that
you have to lead, and then this whole question of how do you
make veterans--Bob Dole was speaking to that--how do you make
veterans feel like their future is good in terms of their
rehabilitation, whether it is physical, psychological, or
inside the body in some other way.
I think it is almost simplistic that sometimes just the
right person at the top becomes a symbol. It just inspires
people on down the line to do twice the job they were doing.
I told you yesterday when we were talking about a person
that Patty Murray will remember very well named Dr. Ken Kizer--
we have these frequent meetings, panels that go on forever,
members come and go--and he wasn't any different from any other
Director of Health, it seemed to me as I listened to him, that
had come before us before. And then suddenly, 4 years after he
had left, we found that the entire VA system had been
computerized, everything was databased, unlike DOD. There were
a lot of problems in syncing with DOD, and he had done it. He
hadn't said anything about it. We hadn't had the oversight to
know it, which is our fault. There is so much oversight that we
have to do in this Committee, which I think needs to be
constructive and will cause our members to want to come to
hearings and to listen to testimony and to learn more.
But I am just--I think you have to start with the guy at
the top or the woman at the top and I just can't imagine a
better choice than you. I just absolutely cannot imagine a
better choice; not just the experience and the wounding and the
fighting and the commanding and the decisionmaking under,
quote, fire, your tough stance, standing up for the truth, but
your nature. You inspire confidence in people and you do in me.
I am still going to ask you some tough questions, but I
think you probably have some sense that I am probably going to
vote for you----
[Laughter.]
Senator Rockefeller [continuing]. But I just want you to
understand that it is going to be--it will be one of the best
votes I have made in the 24 years that I have been on this
Committee.
Thank you, Mr. Chairman.
Chairman Akaka. Thank you, Senator Rockefeller.
Senator Sanders?
STATEMENT OF HON. BERNARD SANDERS,
U.S. SENATOR FROM VERMONT
Senator Sanders. Thank you very much, Mr. Chairman, and
welcome, General Shinseki. I know you are going to be a great
leader and the VA certainly needs the kind of leadership that
you are going to be providing.
You know, it is a funny thing in this body. We have
differences and the American people have differences about the
wisdom, for example, of the war in Iraq. But what I have been
very happy to see is that there has been a coming together,
despite the opinions that one might have about the wisdom of
Iraq, with the understanding that we do not blame the men and
women who are fighting that war for the decisions that were
made here in Washington. That we have a solemn obligation to
make sure that every man and woman who has fought in that war,
when they come home, they get all of the care and the benefits
they have been promised. I think we have made real progress in
differentiating our differences with regard to the war with our
understanding that we take care of our veterans and we do for
them what we promised we would do.
General, I am happy to say that under Chairman Akaka's
leadership and Bob Filner in the House, we have made some
progress in the last couple of years. The good news is we have
begun to make some progress. The bad news is that we have a
long way to go, in my view. We have passed, and Senator Webb
helped us move forward on this, the most comprehensive and
significant step forward in terms of G.I. education, a real
step forward for millions of men and women. We have made
progress on VA funding. We have made progress on Priority 8
veterans, of mileage reimbursement, of VA counseling for family
members. That is the good news.
The bad news is that much remains to be done. Some of the
issues, General, that I hope we can pay attention to in the
coming years are advanced appropriations. You can't run a
system as large as the VA if you do not know what your budget
is going to be, and it really is a disservice to all of our
veterans if the VA does not have that knowledge.
I come from a State where we have suffered very heavily
from the war in Iraq through our National Guard, and I hope
very much that we make sure that the VA properly cares for our
citizen soldiers that have given so much. Let us not forget
about the Guard and the Reserve.
Clearly, many of the men and women who are coming home from
Iraq and Afghanistan are suffering from PTSD and TBI and this
is a little bit outside of the culture of the VA in placing a
priority on those needs. I think we can all agree the VA has
done a tremendous job and it is leading the world in taking
care of people who have lost arms, lost legs, hearing, eye
problems, and so forth. But somehow when the issue becomes
emotional or mental health problems, that has been a little bit
outside of the traditional culture. But those wounds are as
real as any other wounds many of our soldiers have suffered and
we need the research and the treatment to take care of those
people.
One of the areas that I have focused on and it is of great
concern in the State of Vermont is the issue of Priority 8s.
Now, I think we all agree that the most pressing needs are
those people who are coming home wounded today. We have to take
care of our older veterans. That goes without saying. But
especially in this economic crisis, there are hundreds and
hundreds and hundreds of thousands of veterans who may make
$35,000 a year who are pushed out of the VA. I think you can't
bring them all back in overnight, but I think the goal must be
that any person who wore the uniform of this country,
regardless of income, should be able to come back into the VA.
So, I look forward to working with you to do that.
I am sure my colleagues have discussed with you the claims
system. We are somewhere back in the 19th century, I think, in
that regard. It is just incredible that in this age of computer
technology that people submit claims, they don't hear for
months and months, and it goes on and on. That is just grossly
unfair, so we want to update and improve our claims system so
that when people put in a claim, they get a timely response.
One of the real successes of the VA in recent years has
been the growth of the CBOCs--the community based outpatient
clinics--which in Vermont work very, very well; and the Vet
Centers, as well. Vet Centers, as you know, are places where
there is no bureaucracy; where the veterans run those centers,
people feel really comfortable walking in. I think that is a
great investment and I hope we can expand that whole area.
Last, for many, many years, ever since I first came into
the Congress in the House, I have been working on Gulf War
Illness. While we are all dealing with the problems of Iraq and
Afghanistan and our older veterans, let us not forget those
people who are still suffering from Gulf War Illness.
So General, I am going to strongly support your nomination.
We have a system which is, I believe, the largest provider in
America. So, what we do impacts the whole health care system in
our country. It is profoundly important and we have a moral
obligation to our veterans to make sure we provide them the
best care that we possibly can. So, I very much look forward to
working with you and thank you for your years of service to our
country.
Chairman Akaka. Thank you very much, Senator Sanders.
Senator Isakson?
STATEMENT OF HON. JOHNNY ISAKSON,
U.S. SENATOR FROM GEORGIA
Senator Isakson. Thank you, Mr. Chairman.
General Shinseki, I first of all want to thank you and
commend you on your service to the country and thank you very
much for being willing to assume the responsibilities of the
VA. You are eminently qualified. I have studied your resume and
we are somewhat contemporaries from my period of service and
yours. I think we are probably about the same age, and I really
appreciate your taking it on. You have got a life of
experiences that will help the VA quite a bit.
The VA has been making some great progress in some of the
areas that were mentioned by Senator Sanders and I want to
comment on two, which I sent some earlier prepared questions to
you about. One is the Augusta Uptown VA and Fort Gordon's
Eisenhower Hospital. General Schoomaker established a seamless
transition there for those soldiers coming home, leaving DOD,
and going into VA care which has been described as a great
success by many, including Secretary Peake.
In a number of places in the country, a lot of our veterans
who have come home and are released from DOD kind of fall
through the cracks between DOD and VA. It is very important
that we see to it that that is a seamless transition.
What the Department of Defense has done with the Warrior
Transition Centers has been a tremendous step forward in
dealing with the types of difficulties, in terms of PTSD and
TBI, for those who are coming back from Iraq or Afghanistan.
Equally, we need the transition from DOD to VA to be as
seamless and easy as possible for our veterans.
So, I have been able to get Secretary Peake down to Augusta
to see it firsthand. I know you are going to have a world on
your plate for the time being, but I hope sometime during the
next year you can pay a visit to that facility because we can
replicate it around the country. It will make service to our
veterans, I think, much, much better than it already is.
And then second, I want to echo what Senator Sanders said
about the community based clinics. Those are extremely
important. Our State has one of the largest veterans
populations of any State in the country and some of them have
to go long distances to get to the VA hospital in Atlanta or
Augusta; and Georgia is the largest State east of the
Mississippi River geographically. So those clinics, some of
which we have been able to open in the last 2 years, have made
it a lot easier for our veterans to get the health care they
deserve in a much more convenient and accessible way and I look
forward to working with you in any way I can to support you in
your efforts to support our veterans who have served our
country so well and I thank you for the time today.
Thank you, Mr. Chairman.
Chairman Akaka. Thank you very much, Senator Isakson.
Now, for an opening statement, Senator Hutchison.
STATEMENT OF HON. KAY BAILEY HUTCHISON,
U.S. SENATOR FROM TEXAS
Senator Hutchison. Thank you, Mr. Chairman, and welcome,
General Shinseki. I want to tell you that I admire and respect
you as much as anyone I have ever known in the Armed Services;
and I am going to support your nomination. You have been a
Purple Heart recipient, so you will know what veterans go
through; and you were a great Army Chief of Staff.
I also want to say that your predecessor is one of the
finest Veterans Secretaries we have ever had, and I know you
worked with him because he was your Surgeon General. I know
that the transition will be a very good one. His emphasis on
health care has been so positive. He has understood the
problems. He has been an action taker, and I just know that you
will stay on that same track.
We are opening our fifth trauma center--Class 1 trauma
center--that has already been authorized and I look forward to
bringing that to fruition. As you know, I am the Ranking Member
of the Veterans Affairs and Military Construction Subcommittee
on Appropriations, as well as serving on this Committee. There
are a few areas that I know you will address, but I just want
to point out from my experience what I think are priorities.
First, the claims processing wait is about half-a-year and
that is just unacceptable. We started working on it, and with
the great help from some of our Members here--especially
Senator Murray and Senator Akaka--we have tried to add the
supplemental appropriations to add claims processors. But that
is something that will need your urgent attention to assure
that people don't have a hiatus when they go from active duty
to the veteran status in those adjustments.
Second, electronic medical records. I know that has been
mentioned. That is an area where the VA has performed
exemplary. I think it is known that after Hurricane Katrina,
not one veteran's record was lost. That is what we need to put
in place that will match the Department of Defense. But
frankly, it is the Department of Defense that needs to match
the VA so that that seamless transition of medical records
occurs, and I hope that--it was started under Secretary Peake--
I hope that you will continue and bring that home.
I was so pleased that you support the research that we know
is necessary for the kind of war that we have and the kinds of
injuries that we have that are somewhat different from past
wars, and particularly Gulf War research, which my colleague,
Senator Sanders, also has mentioned. He has been a champion of
that, as have I. I talked to the researcher at UT-Southwestern
who is doing that work over the Christmas holidays and he said
that now that they have the bigger base to test their initial
results, they are finding that there are effects from
chemicals. It is showing in the brain scans of people who have
had these Gulf War Syndrome symptoms. So we are going to be
able to now take the next step to see how we can add the
antidote to the lack of an enzyme in a person's brain that
makes them susceptible to those chemicals. I am very excited
about it and want to make sure that we go forward with this
research that is just on the cusp now of showing the results
that can be verified so we can protect our warriors who are
going to be potentially subject to those.
I thank you for taking this job and I look forward to
working with you.
Chairman Akaka. Thank you very much, Senator Hutchison.
Under the rules of the Committee, the testimony of all
Presidential nominees appearing before the Committee shall be
taken under oath. General Shinseki, would you now stand for the
administration of the oath.
Do you solemnly swear that the testimony you are about to
give the Senate Committee on Veterans' Affairs is the truth,
the whole truth, and nothing but the truth, so help you, God?
General Shinseki. I do.
Chairman Akaka. Thank you.
General Shinseki, will you please begin with your
statement.
STATEMENT OF GENERAL ERIC K. SHINSEKI, U.S. ARMY (RETIRED),
PRESUMPTIVE NOMINEE TO BE SECRETARY OF VETERANS AFFAIRS
General Shinseki. Thank you very much, Mr. Chairman.
Chairman Akaka, Senator Burr, and distinguished members of this
Committee on Veterans' Affairs, I am deeply honored by
President-elect Obama's nomination for me to serve as the
Secretary of this Department, this Department of Veterans
Affairs.
I want you to know that I am fully committed to doing the
best I can in this job and of fulfilling the vision--the
charge--that he passed to me, and that is to transform Veterans
Affairs into a 21st century organization.
Over the last several weeks, I have had the opportunity to
meet with many of you individually and I want to express my
deep appreciation for sharing your concerns with me, and what
came very clearly through those conversations were your
concerns for and your unwavering support both of our veterans
and the good people who go to work every day in the Department
of Veterans Affairs. I listened carefully to your concerns and
your advice and I benefited from your counsel and I look
forward to delivering on the promises that we arrived at.
Mr. Chairman, let me just take a moment and thank you for
the courtesy of--although it has been a little while now--
introducing my family: my wife, Patty; and my son-in-law, Tim
Heaphy, who are here this morning. The Shinsekis are usually 13
in strength when we gather as a family and today we are a
little unrepresented. That is because my daughter, Lori, is
taking care of her three children in Charlottesville. My son
and his wife, Barbara, and their four daughters are in New
Jersey. But the rest of the family is here and we are very
proud of all of them.
I just want you to know, 43 years ago, my wife, Patty,
married a soldier, and that is about all she understood she was
doing. Not having come from a military background, we weren't
quite sure where things were going to lead, but here 43 years
later, we are still sitting side-by-side and looking to serve
our country.
She has changed our family addresses 31 times in my 38
years in the military, something on that order, so she has an
appreciation for what spouses and families of our military
personnel go through. She is as caring and as devoted to
soldiers today as she was when I married her. She has stood at
my bedside and helped me to learn to walk again and gave me
back the confidence to put my professional life back on track
when I faced a service-disqualifying injury.
And so I just wanted to take a moment to register for all
of us, as the Members of this Committee know so well, that none
of us has the privilege of doing what we do without the love
and support of families who sacrifice far more than most
understand; who sacrifice so that we have our opportunities to
serve. It was that way for my 38 years as a soldier and it will
be that way again, if I am confirmed--to serve both our
veterans and the good people at the Veterans Affairs Department
as their Secretary.
Again, I am playing a little catch-up here, but I would
like to also express my great honor of having had the rare
privilege of being introduced to the Committee by two of our
Nation's premier public servants, Senator Inouye from my home
State of Hawaii, and former Senator Dole from Kansas, both
veterans, and both distinguished themselves in battle during
World War II. Both, as they related, suffered through long and
painful recoveries under the nurturing care of the VA, and then
returned to public service to help lead our Nation in its rise
as a global leader in the last half of the 20th century. I am
humbled by their presence here this morning, I want you to know
that, that they took the time to introduce me and to publicly
display their trust and confidence in this nomination.
I would also like to acknowledge the presence of
representatives of many of our Veterans Service Organizations
here today. They are essential partners to assure the best
possible service and support for those who, in President
Lincoln's words, shall have borne the battle, and for his widow
and for his orphan.
And so, to all veterans present this morning--those in this
room sitting either there on the dais with you or those here in
the audience, and those who may be watching these proceedings
from distant and remote locations in the country--I want to
express my thanks for their service, their sacrifice for our
country. I would be honored to be their Secretary and their
advocate at the Veterans Affairs Department, if confirmed.
Mr. Chairman, distinguished Members of the Committee,
transformation is always challenging for any organization and I
use the particular term here ``transformation'' rather than
incremental change, transformation, and looking at all of our
fundamental and comprehensive processes that make up any
organization of the size and complexity of the Department of
Veterans Affairs. So, transformation is always challenging for
any organization, particularly ones with complex missions which
are steeped in tradition, as is this particular Department.
I would suggest that we faced similar challenges about 10
years ago as we began the transformation of the United States
Army; a process that continues today. We found that positive
leadership, dedication, and teamwork on the part of all in the
organization allowed what was considered to be challenges when
we began to be redefined for all of us as opportunities for
innovation and increased productivity, and it is up to
leadership to help with that redefinition. With your support, I
am confident we will succeed.
If confirmed, I intend to articulate a concise strategy for
pursuing a transformed Department of Veterans Affairs
reflecting the vision of President-elect Obama. I have much to
learn about the Department and I look forward to gaining the
valuable input and insights from its dedicated employees as
well as from the veterans they serve and the organizations who
serve those veterans.
As Senator Wicker mentioned earlier, there are three
fundamental attributes for me that mark the start point of
framing a 21st century organization for Veterans Affairs. It
will be people-centric. It must be results-driven. And by
necessity, it must be forward-looking.
First, about people, veterans will be the centerpiece of
our organization, our clients, as we design and implement and
sustain programs which serve them. Through their service in
uniform, veterans have sacrificed greatly, investing of
themselves in the security, the safety, and the well-being of
our Nation. They are clients, and I use that term particularly,
not just customers of our service. They are clients whom we
represent and whose best interests are our sole reason for
existence. It is our charge to address their changing needs
over time and across a full range of support that our
government has committed to providing them.
Equally essential, the Department's workforce will be
leaders and standard-setters in their fields. There is a long
tradition of the VA having exercised that leadership role, and
my interest is ensuring that we continue where we lead and
regain the leadership where we do not today. From delivering
cutting-edge medical treatment to answering the most basic
inquiries, we will grow and retain a skilled, motivated, and
client-oriented workforce. Training and development,
communications and team building, continuous learning will be
components of that culture.
Second, results. At the end of each day, our true measure
of success is the timeliness, the quality, and the consistency
of services and support we provide to veterans. We will set and
meet objectives in each of those performance areas--timeliness,
quality, consistency. We will all know the standards and
perform to them. Our processes will remain accessible,
responsive, and transparent to ensure that the differing needs
of a diverse veteran population are addressed. Success also
includes cost effectiveness. As stewards of taxpayer dollars,
we will ensure that appropriate metrics are included in our
quality assurance and our management processes.
Finally, third, forward-looking. To optimize our
opportunities for delivering best services with available
resources, we must continually challenge ourselves to look for
ways to do things smarter and more effectively. We will
aggressively leverage the world's best practices, its knowledge
base, its emerging technologies to increase our capabilities in
areas such as health care, information management, and service
delivery.
If confirmed, I will focus on the development of a credible
and adequate 2010 budget request as soon as I arrive in the
office, and that will be an immediate priority in the first 90
days. The overriding priority will be to make the Department of
Veterans Affairs a 21st century organization, singularly
focused on the Nation's veterans as its clients.
I thank this Committee for its long history of unwavering
commitment to those veterans, and if confirmed, I look forward
to working closely with you in that commitment.
Thank you, Mr. Chairman, and I look forward to your
questions.
[The prepared statement of General Shinseki follows:]
Prepared Statement of Eric K. Shinseki, Secretary-designate
of Veterans Affairs
Chairman Akaka, Senator Burr, Distinguished Members of the
Committee on Veterans Affairs: Thank you for scheduling this hearing so
expeditiously. I am honored to be before you today seeking your
endorsement to become the Secretary of Veterans Affairs. Over the last
several weeks, I have had the opportunity to meet with many of you
individually and deeply appreciate the Committee's concern for and
unwavering support for our Veterans and for the mission of the
Department of Veterans Affairs. I've listened carefully to your
concerns and advice, and have benefited from your counsel.
I deeply appreciate the confidence of President-elect Obama in this
nomination and am fully committed to fulfilling his charge to me--that
is, transform the Department of Veterans Affairs into a 21st Century
Organization. I am acutely aware that transformation is a challenging
task--particularly in an organization as complex and as steeped in
tradition as is the Department of Veterans Affairs. We faced similar
challenges nearly 10 years ago in beginning the transformation of the
United States Army. Leadership, commitment and teamwork enable the
challenges of transformation to become opportunities to innovate and
better serve our Veterans. With your support, I am confident we will
succeed.
If confirmed, I will quickly finalize and articulate a concise
strategy for pursuing a transformed Department of Veterans Affairs,
reflecting the vision of President-elect Obama. I have much to learn
about the organization and look forward to gaining valuable input and
insights from its civilian workforce as well as from the Veterans
Service Organizations. However, three fundamental attributes mark the
starting point for framing a 21st Century Organization: people-centric,
results-driven, forward-looking.
First, Veterans will be the centerpiece of our
organization--our client, as we design, implement, and sustain
programs. Our support to veterans and their enrolled family members
must go beyond that of servicing customers to a relationship based on
trust and positive results over a lifetime. Through their service in
uniform, Veterans have sacrificed greatly, investing of themselves in
the security, safety, and well-being of our Nation. They are clients,
whom we represent and whose best interests are our sole reason for
existence. It is our charge to address their changing needs over time
and across the full range of support that our Government has committed
to provide to them. Equally essential, the Department's workforce will
be leaders and standard-setters in their fields. From delivering
cutting-edge medical treatment to answering the most basic inquiries,
we will grow and retain a skilled, motivated, and client-oriented
workforce. Training and development, communications and teambuilding,
and continuous learning will be key components of our workforce
culture.
Second, at the end of each day, our true measure of
success is the timeliness and excellence of services and support
provided to Veterans. Thus, we will continuously strive to set and meet
sound performance benchmarks in these areas. Workforce leaders and
providers alike will know the standards and perform to them. Our
processes will remain accessible, responsive, and transparent to ensure
that the many needs of a diverse Veterans population are met. An
integral part of measuring success includes assessing cost-
effectiveness. As stewards of taxpayer funds, this issue will be
central to our quality and management processes.
Third, to optimize our opportunities for delivering best
services with available resources, we must continually challenge
ourselves to look for ways to do things smarter and more effectively.
We will aggressively leverage the world's best practices, knowledge,
and technology, which are providing ever-increasing capabilities in
health care, information management, service delivery, and other areas.
We already know that a portion of today's youth will be tomorrow's
servicemen and women, and the next day's Veterans. Thus, we will seek
to identify and embed transformational initiatives as part of our
culture as we care for Veterans, present and future.
While developing a strategy for transforming the VA into a 21st
Century Organization, we will address immediately a set of complex,
near-term challenges that face us, as well:
1. Successfully implement the New GI Bill (Post-9/11 Veterans'
Educational Assistance Act).
2. Streamline the disability claims system, increase quality,
timeliness and consistency of claims processing, and update the
Disability Rating Schedule, while maintaining veterans' rights.
3. Ensure adequate resources and access points to meet the health
care needs of all enrolled Veterans, as well as those OEF/OIF Veterans
and Priority Group 8 Veterans, who will be joining the system.
4. Leverage the power of Information Technology to accelerate and
modernize the delivery of benefits and services.
If confirmed, I will focus on these issues and the development of a
credible and adequate 2010 budget request during my first 90 days in
office. The overriding challenge, which I will begin to address on my
first day in office, will be to make the Department of Veterans Affairs
a 21st Century Organization focused on the Nation's Veterans as its
clients.
I thank this Committee for its long history of unwavering
commitment to Veterans. If confirmed, I look forward to working closely
with you in fulfilling that commitment.
______
Response to Pre-Hearing Questions Submitted by Hon. Daniel K. Akaka to
General Eric Shinseki, Nominee to be Secretary, Department of Veterans
Affairs
Question 1. What do you see as the biggest challenges facing VA at
this time? What will be your emphasis in the first 90 days?
Response. The overarching challenge that the VA faces is its
transformation into a 21st Century organization as called for by the
President-elect. I am acutely aware that transformation is a
challenging task particularly in a complex organization, steeped in
tradition; we faced similar challenges in the transformation of the
United States Army.
I believe that the biggest challenges the VA faces are:
1. Successfully implementing the New GI Bill (Post-9/11 Veterans'
Educational Assistance Act).
2. Streamlining the disability claims system, increasing quality,
timeliness and consistency of claims processing and updating the
Disability Rating Schedule while maintaining veterans' rights.
3. Ensuring adequate resources and access points to meet the health
care needs of all enrolled Veterans as well as those OEF/OIF Veterans
and Priority Group 8 Veterans, who will be joining the system.
4. Utilizing cost effective Information Technology to improve and
modernize the delivery of benefits and services.
If confirmed, I would focus on these issues and the development of
a credible and adequate 2010 budget request during my first 90 days in
office. However, the overriding challenge which I will start addressing
the first day in office is to make the Department a VA for the 21st
Century, a VA in which Veterans truly are the centerpiece of the
organization
Question 2. Former Secretary of Defense Donald Rumsfeld said, in
describing you and General Jack Keane, ``they say what they believe,
and they tell the truth.'' Is it safe to expect that you will bring the
same honest and outspoken forthrightness, about both the good and bad,
to your role as Secretary?
Response. Yes. If confirmed, I'll always provide my best,
professional judgment on the requirements of the Department to the
President, the Congress, the public, and the Veterans the Department is
charged to serve.
Question 3. What is your view on the role of the Secretary of
Veterans Affairs? If confirmed, would you seek to be an independent
advocate for veterans or would you be the executor of the
Administration's policies relating to veterans?
Response. I do not believe these roles as described in the question
will be in conflict. If confirmed, I intend to be a forceful advocate
for Veterans. The President-elect charged me to ensure that Veterans
receive the benefits and services they earned and that the Nation
expects.
Question 4. One of the Secretary's major roles on an annual basis
is developing and then defending VA's budget for a given year. Do you
anticipate working within the limits established by the Office of
Management and Budget or going to the President to advocate for the
level of funding that is needed to fully fund the Department in the
coming year?
Response. I will be an aggressive advocate for the fiscal needs of
the Department. I anticipate that the OMB will offer advice and
assistance in fulfilling the vision and direction of the President-
elect with respect to the needs of and promises to the Nation's
Veterans. It is my expectation that OMB will be prepared to assist me
in presenting to the President a proposed budget in any given year that
is consistent with those needs and promises. I will not hesitate to
inform the President of any serious concerns that I have.
Question 5. What lessons did you learn as Chief of Staff of the
Army that you plan to apply to leading VA? Do you anticipate that you
will have to change your leadership style to manage a civilian
department?
Response. The Army taught me the value of leadership and strategic
thinking. It trains its leaders to focus on goals and measurable
results, while performing under pressure. I understand that there may
be inherent differences between military and civilian organizations.
The President-elect has made very clear the need to modernize the VA
and to make it an organization that is more effective in meeting the
needs of all Veterans. I share that view and, if I am confirmed, the
strategic direction I set for the Department will focus on that goal.
In order to transform the VA, I will draw on my experience, and I will
seek the experiences of the professionals in the VA, as well, to
collaborate on approaches for addressing our most challenging issues
quickly. Both the VA, as an institution, and I, as its Secretary, will
go through a period of teambuilding and adaptation. At the end of that
period, I expect we will be a cohesive organization serving the needs
of Veterans with an elevated sense of urgency.
Question 6. Are you more of a ``hands-on'' manager or do you tend
to rely on significant delegation? Do you seek to achieve consensus
with those on your management team before making a decision or do you
generally gather relevant information and input, and then make a
decision?
Response. Depending on circumstances, either style might be
appropriate. I understand that organizations as large as the VA require
the delegation of certain authorities. I expect the management team to
exercise initiative, demonstrate competence in doing so, innovate as
appropriate, and ensure that matters of policy are brought to my
attention. Again, the President-elect has made very clear the need to
modernize the VA and to make it an organization that is more effective
in meeting the needs of all Veterans. In order for any organization to
achieve the kind of rapid change that approaches being
transformational, competence, collaboration, and innovation are
important. More important, however, is trust--trust that is built on
the integrity and accountability of every member of the team. Trust is
foundational to achieving the kind of excellence in every aspect of
organizational performance that aspires to be transformational. For the
VA, the single focus for transformational change should be the
Veteran--providing for generations of Veterans, who have done their
duty, the support and services they have earned and we have promised.
Question 7. If confirmed, what portion of your time do you expect
to devote to visiting VA facilities?
Response. If confirmed, I expect to initially devote a good portion
of time to visiting facilities to improve my understanding of the VA
systems and Veterans' needs. Recognizing the importance of face-to-face
relationships and interchanges, I expect to devote that amount of time
that is appropriate, necessary and productive. I believe that in
addition to interactions with facility management and employees, it is
most important that I have the opportunity to interact with and listen
to the Veterans the VA serves. My visits to VA facilities will afford
me the opportunity to gain a first-hand view of the good work being
done and the challenges managers and employees face, to get feedback
from the front lines of the VA, and, to begin developing with them a
shared vision for the Department.
Question 8. If you were able to have a one-on-one meeting with
every VA employee, what would you say? If confirmed as Secretary, how
will you implement this message in terms of policies and actions?
Response. To transform the VA into a 21st Century service delivery
organization, as envisioned by the President-elect, I will need to call
on the support, knowledge, experience, and assistance of every VA
employee. People are the most important element of any organization;
the centerpiece of the VA is and always will be people: the Veterans
the department serves and the employees, who deliver those services.
The care, compassion, intellect, and dedication of VA employees are
what enable the Department to uphold President Lincoln's charge. This
is my message to the VA's employees, and I will ask all senior leaders,
managers, and supervisors in the Department to reinforce this message,
not only in words but in deeds.
Question 9. Do you plan for the Deputy Secretary to be VA's Chief
Operating Officer?
Response. Yes. The Deputy will be a significant partner in the
transformation of the VA to a 21st-Century institution.
Question 10. How do you plan to work with the General Counsel? Will
he or she be a key member of your management team?
Response. The General Counsel will be a principal member of the VA
leadership team. I will value the legal guidance of the General Counsel
in all matters and I expect that the General Counsel will be a
participant in all deliberations on programs and issues and will bring
to my attention the legal implications that must be considered in the
design and execution of programs.
Question 11. Do you have any concerns with the dual responsibility
of VA Inspector General--answering both to the Secretary, as the head
of the Department, and to Congress?
Response. I do not have any concerns. I recognize that impartiality
is the key to the effectiveness of any Department's Inspector General.
The dual accountability of the IG helps to ensure and protect the IG's
independence and objectivity.
Question 12. VA has long had the reputation of being a ``stove
pipe'' organization. Please describe how you intend to work with the
three Under Secretaries and with the Assistant Secretaries to ensure
that all components of the Administrations and organizations are
working together to achieve a ``One VA'' focus.
Response. If confirmed, my first priority will be to understand the
roles of the Under Secretaries and the Assistant Secretaries and the
organizations they manage. It will also be important for VA to engage
other Federal agencies, in particular the Departments of Defense,
Labor, Health and Human Services, Education, Housing and Urban
Development, and Small Business Administration to generate the kind of
collaborative synergy that puts Veterans at the center of its focus.
Doing so would also facilitate developing that long sought and
critically important ``One VA'' mindset. Achieving ``One VA'' would be
an early and continuing priority, if confirmed.
Question 13. Are you satisfied with the current alignment of
Assistant Secretaries or do you anticipate proposing any changes to the
number of Assistant Secretaries or to their responsibilities?
Response. It is premature for me to make any specific judgments
until I have had a personal opportunity to see how VA functions. I will
be pleased to share my views once this review is completed and I will
certainly bring forward any proposals for changes that I find will
improve the effectiveness of the Department. I believe that a strong
and consistent strategic communications plan is critical in the
Department, and I believe my review of the organization should include
input from all of the VA's stakeholders--Veterans, spouses, families,
employees, Congress, Veteran Service Organizations, the media, and
others, who are committed to seeing Veterans receive the benefits
they've earned.
Question 14. Do you anticipate meeting with VSO representatives on
a regular basis?
Response. Yes, I intend to meet with them regularly. They are
important advocates for Veterans, and I will seek their advice,
counsel, input, and support routinely and when particular needs arise.
Question 15. What difficulties confronting wounded, injured and ill
servicemembers transitioning from the military to the VA system are the
result of DOD policies and practices? Of VA policies and practices? Of
some combination?
Response. At this time, I cannot speak to what or whose policies
and practices specifically may make transitioning difficult for
wounded, injured and ill servicemembers. However, I can offer an
observation: it is difficult under any circumstances to navigate health
care systems and to transition between systems; this can only be made
more difficult when one is simultaneously dealing with leaving active
duty and applying for additional benefits. Certainly this is further
complicated by being wounded, injured, or ill. My focus, if confirmed,
will be to begin eliminating those obstacles and to ensure Veterans get
those benefits they have earned.
Question 16. If confirmed, what do you believe you will be able to
do to enable VA to ensure that separating servicemembers are made aware
of the benefits and services that are available to them?
Response. If confirmed, I believe that I can ensure that VA will do
everything possible to communicate with separating servicemembers and
provide them timely, accurate and consistent information about
available benefits and services. I understand that it will be critical
for the VA to work very closely with the DOD to determine the most
effective points in the separation process to communicate with
servicemembers. This may or may not be at the time of discharge or
release from active duty.
Question 17. As part of the effort to respond to the problems
identified at Walter Reed Army Medical Center and to address the
recommendations from the President's Commission on Care for America's
Returning Wounded Warriors (popularly known as the Dole-Shalala
Commission) and other panels, VA and DOD created the Senior Oversight
Committee (SOC), which was co-chaired by VA and DOD's Deputy
Secretaries. As a result of this alliance, the two Departments raised
the level of collaboration and cooperation between VA and DOD in
addressing a wide-range of issues affecting wounded warriors. The 2009
Defense Authorization Act contains a provision directing the
Departments to maintain the SOC into the incoming Administration. If
confirmed as Secretary, what would your priorities be for the SOC and
joint VA/DOD activities affecting wounded warriors?
Response. Initially, I would expect that the Deputy Secretary--who
I believe cochairs the SOC with the Deputy Secretary of Defense--and I
would assess the status of activities which the SOC is overseeing and
determine whether SOC efforts should be re-prioritized. I am also aware
that the Joint Executive Council, established by law, helps to identify
opportunities to enhance mutually beneficial services and resources and
oversees the Health and Benefits Executive Councils. In short, I would
explore all opportunities to put Veterans first and maximize
collaboration with DOD and other departments to expedite delivery of
earned benefits to those Veterans.
Question 18. Many recommendations have been made concerning
modernization of VA's rating schedule. One suggestion is to have an
organization within the Veterans' Benefits Administration associated
with a major medical school and with expertise in rehabilitative
medicine that might develop a rating schedule that reflects modern,
scientifically-based assessments of impairment, including a quality
review component for compensation and pension medical examinations.
What are your views on this suggestion?
Response. Without a thorough understanding of the disability rating
schedule and the bases for recommendations that it be modernized, I
will only say that this suggestion and all others will be fully
evaluated.
Question 19. Currently compensation and pension medical
examinations are done by VA employees, local medical providers who
contract with local VA facilities, and by providers associated with
organizations pursuant to national contracts. Please discuss your views
of the pros and cons of these various approaches to C&P exams.
Response. The VA has been utilizing both VA and contract exams for
some time. The important issue in my mind is whether the exams are
performed in a prompt, thorough, accurate manner that provides all the
relevant information needed by VBA in order to rate the claim.
Question 20. The current staffing model used in VBA regional
offices results in significant handing off of work among separate
units, individuals, and offices. Additionally, claims files have no
index and are not organized by subject matter. What modifications would
you consider to better organize the files, reduce the number of hand-
offs, and prepare the claims adjudication system to move toward an
electronic environment?
Response. I would look to my Under Secretary for Benefits for any
recommendations. It seems to me, however that the important task is to
reexamine business rules in the context of moving rapidly to a
paperless processing system in order to best support Veterans.
Question 21. Current law provides for a relaxed evidentiary
standard in the case of claims from veterans who served in combat
areas. VA defines ``combat'' very narrowly when applying this standard,
requiring a veteran claimant to produce proof of direct combat with an
enemy. This approach focuses on the exposure to an actual, specific
engagement with the enemy, in contrast to the impact of serving in a
location where records are not made, maintained, or transmitted due to
combat conditions. What steps can be taken to improve recognition of
areas where combat conditions interfere with record keeping?
Response. If confirmed, I will ensure that there is sufficient
guidance given to claims personnel; I am advised that the applicable
statute requires that due consideration of the places, types, and
circumstances of any Veteran's service. It is my current view, that if
a Veteran is shown to have served under circumstances which may have
interfered with record keeping, that should be taken into account in
deciding his or her disability claim.
Question 22. Failure to provide medical examinations and opinions
before denying claims for service-connected disabilities is a common
problem noted during Committee oversight visits and in remands by the
Board of Veterans' Appeals. If confirmed, what will you do to encourage
regional offices to obtain such examinations and opinions before
denying a claim?
Response. I understand that the Department's responsibility for
providing medical examinations and opinions is specified in the
statute. If regional offices are not in compliance, that clearly would
be unacceptable. I look forward to learning more about compliance with
these requirements and overseeing whatever fixes are necessary. Every
Veteran's request will get a full and fair hearing in the timeliest
manner we can provide it.
Question 23. VHA has had considerable success using electronic
health records. Social Security has successfully developed an
electronic file system relying on a significant cadre of inhouse
programmers with limited contract support. VBA relies almost entirely
on support from a variety of contractors and has spent years developing
VETSNET, which is not expected to be completed for several more years
and by the time it is finished, some of the computer platforms on which
the system is built will be outdated. What are your views on the proper
balance between using Federal employees and contractors within VBA in
order to expedite development of an electronic claims record and
maintain institutional know-how in this critical area?
Response. While it may make sense to consider having routine tasks
and certain highly specialized skills delivered by contractor personnel
these tasks should be performed under the direction and supervision of
government employees who are held accountable for their performance. In
short, the Department needs the ability to clearly define its IT
requirements and the skills to oversee and manage their execution in
order to retain the responsibility and accountability for delivering
the Department's mission and caring for those who have borne the
battle.
Question 24. An integral part of the VA's health care system is its
electronic health record system. As Secretary what steps would you take
to ensure that VA's electronic health record system is totally
integrated with DOD records in order to create a truly seamless health
experience as servicemembers transition from active duty to veteran
status?
Response. Fundamentally, this issue is about leadership--leaders
have to direct the technological handshake. Currently VA doctors,
nurses and other health care professionals have access to much of the
available, relevant DOD electronic health care records for active duty
soldiers. Work continues between the two organizations to identify
additional data that can be shared. I intend to take an active interest
in the progress of these efforts; a seamless care experience would be
one of my top priorities.
Question 25. Draft legislation presented by the current
Administration in response to recommendations from the Dole-Shalala
Commission would create a multi-tiered disability system. This has been
met with criticism, both from some in Congress and from veterans'
advocates.
a. Do you believe that a disability system that treats veterans of
different generations differently is desirable?
b. Do you believe that veterans of prior conflicts should be given
a lower priority in claims processing than veterans of current
conflicts?
c. Do you believe that claims resulting from combat versus non-
combat injuries or diseases should be prioritized differently?
d. How would you ensure that any changes to the current disability
system are fair, equitable, and uniformly administered for all
veterans?
Response. Doing what is right and fair for the Veteran is most
important. From my perspective, it would seem that as a general rule it
should be the nature of the disability rather than where or when it was
incurred that is the primary consideration. I understand that
appropriate exceptions have been and should continue to be made. It
seems to me that the VA's practice of providing processing exceptions
for the very severely wounded and terminal (or otherwise ``in
extremis'') Veterans is humane and appropriate.
Question 26. Economic Systems, Inc., recently completed a six-month
study that addresses transition benefits, loss of earnings, and quality
of life issues for service-connected veterans. This study was
recommended by the Dole-Shalala Commission. In connection with this
study, do you believe that the Secretary has authority to implement
changes to the disability compensation schedule generally? Do you
believe that the Secretary has the authority to distinguish between
multiple systems of compensation and how they are to be applied to
different groups of veterans?
Response. Given the importance of disability compensation to
Veterans and the Nation as a whole, I believe any fundamental change to
the system should require the involvement and approval of Congress. I
understand the Secretary is currently authorized to maintain a schedule
for rating disabilities based upon impaired earning capacity, and to
pay disability compensation at statutorily determined rates based upon
the ratings that result from application of that schedule. My further
understanding is that the Secretary does not currently have authority
to compensate Veterans on other bases, or to differently compensate
various groups of Veterans having the same levels of disability.
Question 27. In October 2007, the Disability Benefits Commission
(VDBC) released a report on its 2\1/2\-year analysis of the benefits
and services available to veterans, servicemembers, their survivors,
and their families to compensate and provide assistance for the effects
of disabilities and deaths attributable to military service. That
report contains 113 recommendations. Do you believe that VA's response
to the VDBC's recommendations thus far has been adequate and
appropriate?
Response. I have not had an opportunity to have an in-depth
briefing on the recommendations of the Disability Commission chaired by
General Scott. The extensive work that went into this study deserves
careful consideration by the Department and me. Once the review is
completed I will be in a position to judge the adequacy and
appropriateness of the response to date.
Question 28. VA's vocational rehabilitation and employment program
is one of the smallest, yet most important, programs within the
Department. It is the linchpin for helping veterans who incur service-
connected disabilities achieve a fulfilling and gainful future. I am
deeply committed to making sure that this program lives up to its full
potential, especially when individuals who have sustained serious
injuries in combat are concerned. What are your thoughts on the role
that vocational rehabilitation plays in terms of the total
rehabilitation of an individual recovering from severe combat-related
injuries and on how VA's current efforts might be improved?
Response. From what I know of the VR&E program, I share your view
of its importance to the successful future of service-connected
disabled Veterans. I understand that recently enacted Pub. L. 110-389
requires the VA to study those measures that assist and encourage
Veterans to complete their vocational rehabilitation as well as to
conduct (subject to funding) a longitudinal study of certain vocational
rehabilitation program participants. I assure you that we will
undertake these studies with an eye toward improving the VR&E program
and meeting the rehabilitation needs of the severely injured veterans
who have earned the best services we can provide.
Question 29. In 2004, a blue-ribbon panel completed an exhaustive
review of VA's vocational rehabilitation and employment program. In its
findings, it made more than 100 recommendations. Of those, VA reports
that nearly all of them have been implemented to some extent. I remain
concerned, however, that there are far too many eligible veterans who
do not apply, complete the evaluation process, have a rehabilitation
plan developed, or complete their plan. No one seems to really know why
there is such a low completion rate when measured against the number of
veterans who apply and who are determined entitled. What priority do
you believe VA should place on determining why the successful
completion rate for individuals in this program is so low?
Response. It is my understanding that VA has conducted a survey the
results of which were to assist in establishing effective procedures
for reducing the number of Veterans who do not complete their
vocational rehabilitation program. I will expect to be briefed on this
effort and the extent to which these procedures are successful.
Further, I believe that the study required by Pub. L. 110-389 will
further inform the issue of low completion rates and help VA in its
efforts to assist Veterans to attain successful rehabilitation.
Question 30. The active-duty military has become increasingly more
reliant on the Reserve components to accomplish its missions. What will
you do, if confirmed, to ensure that governmental services, such as
pre-, during, and post-deployment services, including transition
services, are available to National Guard and Reserve veterans in the
same way as they are available to those who serve in the active forces?
Response. I expect that VA should better coordinate with the
States, including Transition Assistance Advisors in many State National
Guard programs, and with the Departments of Defense, Labor, and
Education, among others, to find the best opportunity for educating
Veterans effectively about available benefits and services.
Question 31. In your view, how long should a veteran have to wait
to have his or her initial claim for compensation adjudicated?
Response. If confirmed, my starting point would be the strategic
goal set by the Department. I understand that most of the claims
processing time involves evidence gathering or compliance with legal
procedural requirements over which the VA has little control. Re-
examining business rules as VA transitions to paperless processing
should also offer opportunities to expedite processing time. Increasing
the number of claims processed under the Benefits Delivery at Discharge
(BDD) will result in earlier decisions for those currently leaving the
service.
Question 32. VBA has been criticized for the lack of timeliness of
its claims' processing. While VBA has made progress in improving
timeliness and accuracy of disability claims processing, further
improvement is needed. VBA has turned its attention to decreasing the
amount of time it takes to process a claim, but that improvement seems
to be at the cost of a decrease in the quality of its decisionmaking.
Do you have any views on how to better balance the need to timeliness
with the requirement that decisions be as accurate as possible?
Response. I have much to learn with respect to the specifics of the
claims process, but it seems to me that timeliness and quality should
be primary concerns in the decisionmaking process. If there is a
growing problem with the quality of decisions, I believe that the
solution rests with better review and oversight by managers of
decisions prior to issuance together with increased training to avoid
future errors.
Question 33. Accurate forecasting of usage of veterans benefits is
essential in planning for resources to administer those benefits. If
confirmed, what would you do to ensure that VA provides accurate and
timely forecasts of the need for additional staffing resources so that
Congress is able to appropriate resources in a timely manner?
Response. It is my understanding that VA continues to enhance its
actuarial models for forecasting usage of benefits and services. I
agree with the assertion that accurate forecasts are essential and will
work to improve VA's efforts to provide such forecasts as well as
efforts to survey Veterans so as to obtain data to support forecasting
modeling.
Question 34. All Federal agencies have certain responsibilities to
maximize contracting opportunities for veteran-owned small businesses
and especially service-disabled veteran-owned small businesses. In
general, it appears that VA has a better record than most other Federal
agencies. However, there are concerns that, in order to meet the goal
of increased contracting with these businesses, there has been
increasing reliance on partnerships between large corporations and
small service-disabled veteran-owned businesses, in which the
involvement of the SDVOB is really only on paper. If confirmed, what
will you do to ensure that VA contracts with small service-disabled
veteran-owned businesses truly involve and benefit these firms in the
actual contracted activity?
Response. It is my understanding that the VA's Center for Veterans
Enterprise is a unique program serving SDVOBs. Additionally, I'm told
that VA has a unique buying authority that permits it to set-aside
requirements for Veteran-owned small businesses and generally provides
VA with more latitude in non-competitive contracting. Significantly,
VA's large prime contractors will be required to use businesses that
have been officially verified to be SDVOBs once pending regulations are
effective. These factors helps VA to ensure that SDVOBs are both in a
position to benefit and actually do benefit from contractual
activities. I would expect to see these programs and efforts to
continue and to expand appropriately. It is important for the VA to try
to follow the letter and spirit of the law when it comes to veterans
preferences.
Question 35. The Institute of Medicine submitted a report to the
VDBC entitled Evaluation of the Presumptive Disability Decision-Making
Process for Veterans in which IOM recommended a new process for VA to
follow in establishing presumptions. Please comment on the IOM
proposal.
Response. I'm aware that a distinguished panel of the Institute of
Medicine conducted an extensive review of the presumptive disability
decision process and made several recommendations for improving it,
including greater transparency in how the Department reached its
decisions. It's my understanding that the VA has yet to make an
official response to those recommendations. If confirmed, I intend to
ensure that the VA seriously considers those recommendations and
develops an appropriate response to this complex issue.
Question 36. With respect to presumptive disability decisionmaking,
IOM recommended a standard of ``causal effect.'' In some cases,
servicemembers may have been subjected to multiple potential exposures
of uncertain dosage. If causation is unclear, should evidence of
increased incidence of certain disabilities be a basis for service-
connection?
Response. As noted in my answer to question 35, I await the review
of the IOM recommendations by the Department.
Question 37. At the present time, military recruiters are actively
recruiting servicemembers from countries in the Pacific Islands, such
as the Federated States of Micronesia. Some veterans' benefits, such as
vocational rehabilitation services, VA home loans, and health care, are
not normally provided outside of the United States. In your view, what
obligation does the government have to provide non-citizen disabled
veterans benefits and services needed to compensate for and overcome
the disabilities which they incurred after being recruited into United
States military service?
Response. I am interested in learning the original reasons for the
restrictions you identify, and whether they remain valid today. If
changes are warranted, I would be an advocate for them.
Question 38. In the last Congress, there was legislation introduced
that would provide some who were in the merchant marines during World
War II with a tax-free annual pension of $1,000 a month. This payment
would be based upon neither disability nor financial need.
a. What is your opinion about VA providing certain groups with
entitlement to a monetary payment that is based neither on being
disabled nor in need?
b. Should VA provide such special compensation to a group without
doing the same for similarly situated groups?
Response. I am not yet familiar with the history of Veterans'
benefits and services for former members of the Merchant Marine.
Question 39. Under the Uniformed Services Employment and
Reemployment Rights Act of 1994 (USERRA), employers--including the
Federal Government--have certain responsibilities to re-hire
individuals who are seeking to return to their jobs following a period
of active service. It is particularly troublesome to me that an
individual who has been sent into battle by the government would need
to do battle with that same government for the right to regain a job
and its associated benefits. However, it does happen and it happens far
too often. Indeed, according to Department of Labor, more than thirty
claims of violations of USERRA were lodged against the Department of
Veterans Affairs in fiscal 2006. This should be embarrassing to the
agency. If confirmed, what steps do you believe you can take to ensure
that VA follows USERRA?
Response. I wholeheartedly agree with the premise that VA must set
the example among all employers in the hiring and rehiring of Veterans.
Even one valid USERRA claim against the Department would be
unacceptable, and I look forward to learning more about VA's
performance in this regard since 2006. It is imperative that all VA
managers and human-resources personnel be familiar with the law
regarding the reemployment of deactivated guard and reserve personnel,
and follow it to the letter.
Question 40. What are your views on how technology might be used to
improve VBA's performance?
Response. VBA must move to an integrated, all electronic claims
processing system. If confirmed, I will insist that a plan be developed
with reasonably aggressive timelines to validate the current benefits
administration business processes with an eye to the role of rules
engines. Once the plan is adopted I intend to move expeditiously to
acquire the technology and systems to support the delivery of benefits
to Veterans.
Question 41. Through VA's vocational rehabilitation program, VA
assumes certain responsibilities for the provision of employment
assistance to veterans who complete a plan of vocational
rehabilitation. This assistance can take a variety of forms. I am
concerned that VA cooperates and coordinates with the Department of
Labor's Veterans' Employment and Training Service so that duplication
of effort can be minimized. If confirmed as Secretary, what will you do
to involve both DOL, and DOD in efforts to ensure that employment-
related issues are addressed seamlessly and without duplication of
effort?
Response. I am unaware of the extent of duplication of efforts by
the Departments but will explore the issue with my counterparts. I
understand that Job Fairs around the country which bring the three
Departments together have been generally effective, as has the Coming
Home To Work program through which servicemembers work with VA, DOD,
and DOL staff to obtain Government work experience. Further, I'm
advised that VA has Memoranda of Understanding in place with DOL VETS,
the Army's Materiel Command, and the Naval Air Warfare Center Aircraft
Division that provide for effective coordination of expanded employment
opportunities; I believe that the VA should continue and expand on such
efforts.
Question 42. VBA has had some success with improving the efficiency
of claims processing by consolidating certain services into fewer
offices. What are your views on such consolidations?
Response. Increasing timeliness, accuracy and consistency in claims
processing must be an important objective of the VA. Appropriate
consolidation of services can, I believe, assist in achieving these
goals. As we do this, however, it is important to maintain accessible
services for veterans. The prompt implementation of electronic
processing would greatly facilitate consolidation as well.
Question 43. VA currently uses the criteria of 170,000 un-served
veterans within a 75-mile radius for purposes of establishing new
national cemeteries. In the past, the Senate has supported this
standard and has authorized new cemeteries based upon VA's
recommendations. Do you believe this should continue to be the standard
practice? In the absence of a VA recommendation, do you believe
Congress should legislate the location of new national cemeteries?
Response. VA's current policy was the result of congressionally
mandated study undertaken a number of years ago. It appears to be
equitable and working well. I understand that currently 80% of Veterans
are within 75 miles of a national or State Veterans' cemetery and that
this will increase to 90% in 2010. The National Cemetery System has
also been given the highest customer service rating according the
American Customer Satisfaction Index. I also understand that additional
studies have been undertaken which suggest further refinements that
might be made in this successful process I would like to have the
opportunity to assess and report.
Question 44. One of the biggest challenges that VA is facing is the
implementation of the new Post-9-11 GI Bill which was signed into law
on June 30, 2008. The full effective date of the new program of
educational assistance is August 1, 2009, which means that VA has less
than a year to prepare for massive changes. Initially, VA had planned
to outsource certain components related to the administration of the
new benefit program but has not decided against that and will instead
manage with in-house resources.
a. What are your thoughts on how VA might best prepare for
implementation of the new program?
b. How do you intend to monitor the implementation to ensure that
the transition is as seamless as possible?
Response. It is absolutely critical that the VA be able to deliver
the Post-9/11 Veterans' Education Assistance benefits efficiently and
effectively on August 1, 2009. If confirmed, I will make it one of my
very first actions to initiate an independent, thorough, but
expeditious review of the so called short-term solution to assure
myself that this program is realistic, sufficient, and on time and to
take whatever remedial actions may be necessary to insure that we
improve and sustain on the delivery of these benefits to our eligible
Veterans, as promised.
Question 45. There is a unique and mutually beneficial relationship
between VA medical centers and medical schools that improves the
quality of both systems, as well as the quality of care for veterans
throughout the Nation. These affiliations draw the best and brightest
physicians to VA and also help VA fulfill its research and education
missions. I am concerned, however, about the viability of the
relationship. Please share your views on the overall value of academic
affiliations, including the role affiliates play in staffing VA
facilities.
Response. I am aware of VA's long standing affiliations with the
Nation's medical schools. I understand that there are currently
agreements with 107 medical schools with training in 42 disciplines.
While those relationships are strong, I believe it is important to
assess the current successes and challenges and develop a future plan.
I am aware that Secretary Nicholson appointed a Blue Ribbon Panel on VA
Medical School Affiliations, and I'm anxious to see the panel's
findings which are due later this year. In the meantime, I'm informed
that VA plans to increase the number of residents completing their
graduate medical education in VA and will continue to seek to employ
physicians with medical school academic appointments as well as
continue their participation in VA research programs.
Question 46. VA faces a growing nursing shortage, as well as
vacancies for specialty care physicians. What do you believe VA might
do to improve personnel recruitment and retention at VA health care
facilities, particularly of nurses? What more can VA realistically do
to improve recruitment in areas where there are fewer specialty care
providers overall?
Response. If confirmed, I will charge the Under Secretary for
Health for a detailed plan with respect to how we will address these
issues. I know that the efforts of the Veteran Affairs Committees and
the recent recommendations of GAO in a report entitled, ``Improved
Staffing Methods and Greater Availability of Alternate and Flexible
Work Schedules Could Enhance the Recruitment and Retention of Inpatient
Nurses'' should be significant considerations in the Under Secretary's
planning. I am also advised that the issue of recruitment of physicians
is not limited to problems in recruiting specialists, but also primary
care providers and geriatricians. I believe many of the factors
reported about nurse recruitment are similar and I'll seek similar
solutions to those of nursing and other shortage category occupation
recruitment efforts. Additionally, it may be appropriate to consider
programs for physician tuition support and reimbursement in return for
a service commitment which could be particularly helpful to ensuring
access to health care in the underserved rural and urban areas.
Question 47. Many veterans, especially those with complicated
health issues, rely upon the specialized services of the VHA. Many of
these services, like spinal cord injury, blind rehabilitation, and
prosthetics, are not widely available in the private sector. In an era
of declining budgets and decentralization of funds, please describe
your views on VA's responsibility to maintain capacity in these
programs.
Response. The VA has a longstanding reputation for being a leader
in the provision of specialized services like spinal cord injury, blind
rehabilitation and other programs where there is little expertise in
the private sector. Especially in view of the limited private sector
expertise, and the continuing demand from Veterans who require these
services, the VA needs to maintain these capabilities and in some areas
such as prosthetics needs to regain its position as a world leader.
Question 48. VA has a history of significant waiting times for
care, a problem which is particularly acute in specialty care. What are
your thoughts on the priority that should be accorded to reducing
waiting times?
Response. If confirmed, I will need to develop a greater
understanding about how times are measured, and if there has been any
benchmarking with other providers with respect to standards. One of my
first priorities about this issue would be to have assurance that
urgent and emergent patients are seen on a timely basis. Once I have
assurance that the VA meets requirements for those patients, I will
request waiting time policy recommendations about what is appropriate
for routine follow-up and chronic care treatment to include
consideration of emerging practices regarding patient provider
interaction and monitoring using telehealth and other technologies.
Question 49. In your view, how long should a veteran be expected to
wait for a non-emergent health care appointment?
Response. Please see my answer to question 48 above.
Question 50. President-elect Obama has stated that one of his goals
for the Department of Veterans' Affairs is to readmit Priority 8
veterans. What is your opinion of this proposal? If it should be
pursued, how can it be done most efficiently?
Response. If confirmed, an immediate assignment will be to develop
the plan to meet the expectations of the President-elect's goals as
they pertain to Priority Group 8 Veterans. I believe the prudent
approach will be to validate the estimated number of these veterans,
giving appropriate consideration to the potential impact of current
economic factors, and then assess the capacity of facilities and
staffing and then quickly create a plan to phase these Veterans into VA
for care. Overriding considerations must be VHA's ability to ensure a
transition where demand can be appropriately met without deterioration
in quality of care.
Question 51. There has been increasing pressure in recent years for
VA to contract for services in local--especially rural--communities
where VA facilities are not easily accessible. Mental health is one
area of particular emphasis in this regard. What do you believe is VA's
responsibility for meeting the needs, including mental health needs, of
rural veterans? If confirmed, what emphasis would you place on this
issue?
Response. The VA has a responsibility to treat these Veterans'
injuries and wounds--regardless of where the Veterans live. It is my
understanding that the new VA Office of Rural Health will identify
local initiatives for pilots which are expected to lead to improved
rural health care. While we await the findings from the pilot projects,
I would expect a continuing mix of care, the expanded use of telehealth
for treatment of mental health needs of Veterans in their homes and
CBOCs, and the continuing development of referral approaches and
transportation where it is unrealistic to have high level diagnostic
and treatment capabilities in the most remote rural areas.
Question 52. Telehealth technologies have proven to be highly
effective in terms of quality of care delivered, and efficient at
reaching those in underserved areas. As Secretary, what approach would
you take to integrating and expanding telehealth capabilities within
VA?
Response. I understand the goals for telehealth are for the
technologies to become a major factor in the evolution of care models
from episodic care to longitudinal care. The ideas about increasing
patient involvement in decisions about their care include their active
participation in transmitting information, with the use of these
technologies that will contribute to changes in care plans and improve
care management, as well as producing cost efficiencies and increased
patient convenience.
Question 53. Post Traumatic Stress Disorder and other mental health
conditions are a major concern for the Committee, both in terms of
compensation and health care.
a. As a combat veteran, do you personally know any fellow combat
veterans who continue to suffer from PTSD or other mental health
conditions related to their service or combat veterans who were
diagnosed with these conditions but who are now no longer suffering
from them?
Response. Yes. I know those who have suffered and still suffer from
PTSD and related conditions. We did not always have a name for it as we
do today, but all of us went through our own processes for dealing with
combat stress, Post-Traumatic Stress, and Traumatic Brain Injury.
b. Do you believe that it is possible for a non-combat veteran to
suffer from these conditions?
Response. Certainly. There are many types of trauma that could play
a role in development or worsening of a mental health condition, and it
is my understanding that PTSD is not exclusively a combat-related
disorder. For example, I understand that the victims of sexual assault,
firefighters, law enforcement officers, EMTs and others who deal with,
witness, or are the subjects of trauma may suffer from PTSD.
c. VA has significantly decreased its inpatient programs for
veterans with PTSD. What do you view as the role of inpatient treatment
for PTSD, in particular for veterans with co-morbid substance use
disorders?
Response. I applaud the Committee's recognition of the special
concerns surrounding co-occurrence of PTSD and substance use and of the
importance of expanding research in this area, as required by Pub. L.
110-387. It is my understanding that while the VA may have decreased
the inpatient component of its mental health services, they have
significantly increased the overall program, particularly outpatient
services. As I understand it, this strategy is in keeping with the best
thinking in medical treatment patterns, which reserve inpatient care
for the most severely ill or those who present a danger to themselves
or others. I support this position; however, I will make certain we
continue the development of best practices for care through research,
and adjust accordingly.
d. Please describe the priority that you believe VA should place on
providing care to veterans with PTSD and mental health disorders, or on
suicide prevention, and how would you ensure that priority is
manifested in budget requests and programmatic planning?
Response. Mental health conditions are widely prevalent among
Veterans, and are very disabling. Yet mental health conditions can be
treated effectively. Many Veterans are also service-connected for PTSD
and other mental health conditions, underscoring the special
responsibility VA has in connection with these very serious health
problems. Mental health is integral to overall health and mental health
conditions often co-occur with other chronic health conditions. Mental
health must be a very high priority for the Veterans' Health
Administration, and the VA has made significant strides in hiring more
mental health professionals during the past year with more increases
planned in 2009 to 2011.
e. What are your views on the need for more research into the best
treatments for these conditions?
Response. The VA has a unique role as a national leader in clinical
care, medical education, and research on PTSD--these efforts deserve
strong consideration for additional resources in the future. The VA has
a special obligation to wounded warriors which underscores the
importance of its working to advance knowledge on best treatments, as
well as the best modes of care delivery.
Question 54. Diagnoses for substance use disorders (SUD) in
veterans from the current war continue to increase. In your view, does
combat play a role in increasing the likelihood for developing an SUD?
Response. I don't know; however, I suspect there may be a
connection. I will have to seek expert opinions on questions like this
one.
Question 55. Public Law 110-387 makes findings about SUDs and
mandates improved services for those suffering from SUDs. Specifically,
it contains provisions for the expansion of SUD treatment services,
treatment of co-morbid SUD and other mental health conditions, and the
two pilot programs. What is your view on how VA should approach
treating SUDs?
Response. I am not a mental health expert, and I will defer to such
experts and request their advice and recommendations about how to
comply with Pub. L. 110-387. I am particularly concerned that substance
abuse treatments have as their goal the full reintegration of the
patient into society.
Question 56. What is your view of the correlation between combat
service and homelessness? Do you believe that VA has a particular
obligation to aggressively address homelessness among veterans?
Response. I don't know if there is a correlation between combat and
homelessness. But, I do believe homelessness among Veterans is a
national tragedy, and yes, VA has a special obligation to address this
problem. Combating homelessness among veterans was one of President-
elect Obama's priorities when he was a Member of this Committee, and it
is one for me.
Question 57. What do you see as VA's role in working with other
departments and agencies, especially HUD, through the Interagency
Council on Homeless or otherwise, to address the needs of homeless
veterans and their families?
Response. The VA has a critical role in cooperation and
coordination with HUD and other Federal programs to address the needs
of homeless Veterans and to share expertise that is applicable to other
homeless issues. I want to learn more about my responsibilities and
resources to deal with this important problem and, if confirmed, look
forward to meeting with my counterpart at HUD to discuss our shared
resources and responsibilities, as well as with other leaders of
departments who work with issues of homelessness.
Question 58. VA research not only makes a major contribution to
VA's, and the Nation's, efforts to combat disease, but it also serves
to maintain a high quality of care for veterans through its impact on
physician recruitment and retention. VA research has recently been
troubled by lack of oversight and by human subjects protections
violations. How do you intend to preserve this valuable VA function
while ensuring the highest standards of ethics and care?
Response. I understand that VA research does make a major
contribution to VA's and the Nation's efforts to combat disease, and is
a major factor in helping physician recruitment and retention. I am
aware of a recent disturbing situation at one medical center regarding
human subjects' protections violations. That incident does require
there be continuing emphasis and training to prevent such situations
from happening again. At the same time, I've been informed that this
incident is not indicative of an overall superb VA research program. I
will expect any allegations of violations of human subject protection
policies to be reported immediately to may office.
Question 59. Women constitute an ever-growing segment of the Armed
Forces and consequently, the overall veteran population. What do you
see as the primary challenges to appropriately treating and serving
women veterans in VA facilities? Are there aspects of your experience
working with women in the military that can translate into innovative
solutions for improving care for women veterans?
Response. I'm advised that the proportion of women serving in the
Armed Forces is growing and may exceed 15% of the total population of
VA health services users by 2020. The VA will need to continue to
respect the different requirements for health care and privacy for
women, and take steps necessary to ensure those requirements are met. I
understand that the VA has recently required that the position of Women
Veterans' Program Manager be full-time at every VA Medical Center and
that there are efforts underway to implement appropriate clinic and
service enhancements. I will look to the Advisory Committee on Women
Veterans to continue to assist VA in appropriately responding to the
needs of these Veterans.
Question 60. Restructuring and downsizing in several VA health care
facilities have led to increased contracting with community providers
for care. Also, a large number of existing VA community based
outpatient clinics are run by non-VA providers. What do you believe is
VA's responsibility for monitoring care furnished by contract providers
and how should that monitoring be carried out?
Response. Veterans care provided through the VA should meet the
highest standards. I am not yet aware of all the details relative to
VA's health care facilities changes or capital plans. I do know there
has been increased contracting of care where demand outstripped VA
capacity. I am also aware of the current consideration of Health Care
Community Facilities (HCCF) and will be interested in learning more
about how their implementation would relate to increased contract care
and how VA will ensure that its performance standards are met. I
understand that with respect to current contract CBOCs, contractors are
generally required to meet all VA performance requirements.
Question 61. Recently, VA has developed a strategy for using a
combination of long-term facility leases and contract care to provide
health care to veterans, in place of constructing new facilities or
performing significant maintenance and upgrades on existing facilities.
What is your position on this approach, and in general on the role of
leases and contract care versus VA-owned facilities and VA-provided
treatment?
Response. I have not had an opportunity to review VA's capital plan
strategy. I would be pleased to share my views on the appropriate mix
of construction and leasing once I've had the opportunity to be briefed
thoroughly and better understand how all options and opportunities can
contribute to the best possible care for Veterans.
Question 62. What, in your view, is the appropriate role for
Federal funding in the construction of medical facilities for VA on
land that is leased by the Department? Should VA perform the
construction, contribute funds to construction done by private
organizations on VA's behalf, or not be involved in this type of
situation?
Response. I look forward to being briefed by VA professionals about
the pros and cons of various alternatives for developing facilities,
and the extent of our legal authorities to pursue them. In general, I
believe VA should employ whichever strategy would result in the most
fiscally sound delivery of a state-of-the-art facility in a given
locality. Ideally, VA would have the discretion to elect any of the
strategies your question poses. The strategy we ultimately pursue
should be the result of sound business analysis, taking into account
the timeline for delivery of care, cost, and Veterans' ability to
access the best possible care.
Question 63. What is your view of the VA's CARES process and VA's
overall Capital Plan? How will you involve senior Veterans Health
Administration leadership, Congress, veterans' service organizations,
affiliates, and other stakeholders in the remaining decisions related
to the implementation of the Capital Plan as well as on planning for
capital facilities generally?
Response. Again, I will need to learn more about the CARES process
and the overall Capital Plan before coming to a judgment. I will work
closely with Senior VA leadership, Congress, Veterans' Service
Organizations, and other stake holders, including Veterans, to make
informed decisions about our capital assets.
Question 64. What is your view of the value of non-institutional
long-term care? Do you have any personal or professional experience in
this area? If confirmed, what steps will you take to promote VA's
development of non-institutional extended care?
Response. Most Veterans, like most Americans, prefer non-
institutional long-term care, where appropriate to their situation.
That was my experience with my parents; my father received long-term
care for more than two years, but my mother was able to live
independently in her home until her last day. I am aware that VA has
been making significant efforts to make such home and non-institutional
care more available and, if confirmed, I will endeavor to expand those
efforts.
______
Response to Pre-Hearing Questions Submitted by Hon. Richard Burr to
General Eric Shinseki, Nominee to be Secretary, Department of Veterans
Affairs
Question 1. With the exception of this past year, Congress has a
decade-long record of failing to enact an appropriations bill for the
Department of Veterans Affairs (VA) in a timely manner. In the absence
of a funding bill VA must operate under a continuing resolution which
often results in VA managers delaying hiring, maintenance, and other
operational decisions. One option being considered is to fund VA a full
year in advance.
a. What are your thoughts about providing an ``advanced
appropriation'' for VA medical care?
b. What do you think of an alternative plan to simply begin passing
appropriations bills for VA on time, or, if that does not happen before
the fiscal year begins, putting in place a triggering mechanism that
would fund VA health care at the level requested by the President?
Response. I am familiar with the mechanism of advance
appropriations. It is my understanding this is now widely supported by
VSOs. Consideration of these mechanisms evolved because of the
significant management difficulties that result from continuing
resolutions. Among the difficulties VA experienced were increased
patient waiting times and treatment delays. For these reasons, the
President-elect and I support the proposal for advance appropriations.
With respect to the timely passage of appropriations bills or
triggering mechanisms, I believe that is a matter for consideration by
the Congress.
Question 2. VA has recently been exploring an initiative to use
construction dollars to deliver more health care closer to where
veterans live, e.g., the construction of health care center facilities
(HCCF) with the capability of handling 90 to 95 percent of veterans'
health care needs in an outpatient setting, such as primary care,
specialty care, and ambulatory surgery.
a. What are your thoughts on this initiative?
b. What do you see as its advantages and disadvantages?
Response. I will need additional time to fully consider the
proposals for the HCCF approach to construction. The concept includes
the idea that inpatient care will be contracted. That approach needs
careful evaluation and stakeholder input, to include quality
considerations, evaluation of how out year contracts can be managed to
assure reasonable costs, and other alternatives. The concept should
also be evaluated to determine if the current proposals are a ``one
size fits all'' approach and if such an approach is both practical and
feasible.
Question 3. Evidence indicates that disability ratings for those
with PTSD get progressively worse over time. The Veterans' Disability
Benefits Commission recommended that Congress create a ``new, holistic
approach to PTSD . . . coupl[ing] PTSD treatment, compensation, and
vocational assessment.'' The Disability Commission recommended that
``treatment should be required and its effectiveness assessed to
promote wellness of the veteran.''
a. Since 2000, there has been a 150% increase in the number of
veterans who are in receipt of disability compensation for Post
Traumatic Stress Disorder (PTSD). Do you agree with the Disability
Commission's conclusions and recommendations with regard to PTSD?
b. Do you believe that PTSD is treatable, and do you believe that
VA has the effective treatment programs in place to improve a veteran's
mental illness or, at the very least, stop it from getting worse?
Response. I have not had an opportunity to have an in-depth
briefing on the recommendations of the Disability Commission chaired by
General Scott. The extensive work that went into this study deserves
careful consideration by the Department and me.
PTSD can be a profoundly disabling condition. But it can be treated
effectively. VA has a special responsibility to help properly diagnose
Veterans suffering from PTSD and to treat them. I am aware that if PTSD
goes undiagnosed or untreated, there are likely to be significant
consequences. In this regard, I believe that Mental Health must be a
very high priority for the Veterans' Health Administration.
Question 4. VA currently sends to the National Instant Criminal
Background Check System (NICS) the names of beneficiaries (veterans,
surviving spouses, children, and parents of veterans) for whom VA has
appointed a fiduciary. Once on the NICS, beneficiaries are prohibited
from exercising their Second Amendment right to purchase a firearm.
There are a number of concerns that have been raised about this
process: (a) VA decisions about whether to appoint a fiduciary are
governed solely by whether beneficiaries are able to manage financial
affairs; (b) at no point in the process is an inquiry made about
whether the beneficiaries are a danger to themselves or others or
whether they should be prohibited from purchasing a firearm; (c)
government employees at VA (and not courts of law) have the power to,
in effect, take away someone's Constitutional rights; and (d) Social
Security does not send the names of its beneficiaries with fiduciaries
to the NICS, and States share names with the NICS but typically only
after a court of law hears the case.
a. Do you believe that, before VA beneficiaries' Constitutional
rights are taken away, they deserve the benefit of an appropriate
judicial authority to hear their cases?
b. Do you believe that a veteran who seeks help at VA should be at
risk of losing his/her right to bear arms solely because of a fiduciary
appointment, when that same veteran would not be at risk if he/she
sought help at the Social Security Administration?
c. Will you pledge to work with the Federal Bureau of Investigation
and the Bureau of Alcohol Tobacco and Firearms (whose requests for
information VA is complying with) to review what I believe is an
arbitrary and unfair process?
Response. I support equal treatment for Veterans under the Second
Amendment, but I understand that the Brady Act and regulations issued
under it by the Department of Justice require VA to send the names it
does for inclusion on the NICS list. As your question acknowledges,
having determined that a veteran is unable to manage his/her affairs,
VA is required to comply with this law and regulations.
I understand individuals found by VA to be incompetent to contract
or manage their own affairs can appeal those determinations to the
Court of Appeals for Veterans' Claims. I am, however, troubled by the
suggestion that Social Security recipients are treated differently than
Veterans in this regard. If confirmed I will work with DOJ officials to
rectify any inequities pertaining to Veterans.
Question 5. If confirmed, you will have the duty to make enrollment
decisions affecting veterans' eligibility for health care. President-
elect Obama stated during his campaign that his goal was to reopen the
VA health care system to priority 8 veterans. It has been suggested
that reopening the system to priority 8 veterans in the face of a
health care professional shortage and VA's aging capital infrastructure
could cause health care for veterans already in the system to suffer,
especially in states where the veteran's population is growing.
a. How will you ensure that care for higher priority veterans, such
as the service-disabled and the poor, does not deteriorate as new
priority 8 veterans are allowed into the system?
b. What will govern your decision to allow some, none, or all
priority 8 veterans to enroll?
c. What performance indicators will you look at to make sure that
quality care is still being delivered in a timely way?
d. If waiting times or quality indicators begin to deteriorate,
what will be your course of action?
Response. If confirmed, an immediate assignment will be to develop
the plan to meet the expectations of the President-elect's goals as
they pertain to Priority Group 8 Veterans. I believe the prudent
approach will be to validate the estimated number of these veterans,
giving appropriate consideration to the potential impact of current
economic factors, and then assess the capacity of facilities and
staffing and then quickly create a plan to phase these Veterans into VA
for care. Overriding considerations must be VHA's ability to ensure a
transition where demand can be appropriately met without deterioration
in quality of care.
Question 6. What will guide your decisionmaking process when
determining whether new VA ``Centers of Excellence'' should be
established? Do you have any thoughts about the process now used to
establish new Centers?
Response. I am aware of great success with these Centers of
Excellence, but I have not yet been briefed on the process for
establishing them. I do believe VA has a duty to be at the forefront in
treatment and research in programs particularly important to veteran
care.
Question 7. After news reports detailed how some seriously injured
servicemembers at Walter Reed endured a lengthy, hard-to-understand,
bureaucratic process to try to get their disability benefits, the
President's Commission on Care For America's Returning Wounded Warriors
was created to examine these and other problems experienced by
transitioning servicemembers. In 2007, that Commission, chaired by
former Senator Bob Dole and former Secretary Donna Shalala, released a
report in which they recommended completely updating and restructuring
the VA and Department of Defense (DOD) disability evaluation system to
better meet the needs of our Nation's wounded warriors.
a. Do you agree with the Dole-Shalala Commission's findings?
b. Do you support the Dole-Shalala Commission's recommendations?
Response. I am aware of the work of the Dole-Shalala Commission, as
well as the Veterans' Disability Commission and a number of other
predecessor commissions. I am not yet familiar with all of the findings
and recommendations. I would note that any fundamental changes in the
disability system would require the involvement and approval of
Congress. I look forward to working with the Committee in our efforts
to harmonize the recommendations of these several studies and improve
the overall system for serving the needs of the Wounded Warriors.
Question 8. Last summer, Congress approved the Post-9/11 Veterans
Educational Assistance program. Recently, concerns have been raised
about whether VA will be prepared to begin paying benefits when the new
program becomes effective in August 2009.
a. If you are confirmed, would you immediately advise Congress if
it becomes evident that the new education program will not be up-and
running by that deadline?
b. Would you advise Congress if any modifications are necessary to
ensure that veterans receive timely, fair benefits under this new
program?
Response. It is absolutely critical that the VA be able to deliver
the Post-9/11 Veterans' Education Assistance benefits efficiently and
effectively on August 1, 2009. I will make it one of my very first
actions, if confirmed, to initiate an independent, thorough, but
expeditious review of the so called short-term solution to assure
myself that this program is realistic, sufficient, and on time.
Further, I will also take whatever remedial actions may be necessary to
insure that these benefits are delivered, as promised, to our eligible
Veterans and sustained over time. I will identify and appoint a senior
executive to monitor this program full time and report to me regularly
until I am assured that this benefit will be delivered efficiently,
effectively, and on time. I will advise Congress promptly, if
modifications are necessary.
Question 9. For many years, there have been serious concerns about
the backlog of claims at VA, the length of time it takes to process
claims, and the accuracy of VA's decisions. In recent years, Congress
has responded to this problem by providing more money so that VA can
hire more employees. Since 1997, this funding increase has allowed VA
to more than double its claims-processing staff. Unfortunately, it is
still taking on average about 6 months to get decisions to veterans,
which is among the longest processing times since 1997, and the number
of pending claims is around 390,000, which is among the highest levels
in the past 10 years.
a. If confirmed, will you support and encourage efforts to find
better answers and new ideas to solve the backlog problem?
b. If confirmed, will you provide Congress with a candid assessment
of the level of productivity that should be expected of the claims
processing staff?
Response. VBA must move to an integrated, all electronic claims
processing system. While I appreciate that this will not be easy, I
also understand that it is essential if we are to modernize and
streamline the benefit application, eligibility determination, and
benefit administration processes; reduce wait times and backlogs; and
deliver the benefits that our Veterans have earned. I will insist that
a plan be developed with reasonably aggressive timelines to validate
the current benefits administration business processes with an eye to
the role of rules engines. Once the plan is adopted, I intend to move
expeditiously to acquire the technology and systems to support the
delivery of benefits to 21st Century Veterans. Additionally, as the
system changes, it will be necessary to reassess current productivity
and quality standards, and I will ensure that the Congress is
appropriately apprised of those efforts.
Question 10. For many years, veterans' service organizations have
expressed concerns that a lack of accountability among VA employees
contributes to large backlogs of claims and deficiencies in the quality
of decisions that are rendered.
a. Do you believe more steps need to be taken to ensure that
employees at all levels are held accountable if quality and timeliness
standards are not being met?
b. If so, what changes would you recommend to ensure true
accountability?
Response. Accountability is critical, and I believe that the
solution rests with better review and oversight by managers of
decisions prior to issuance, together with increased training to avoid
future errors. It would be my expectation that all managers and
employees will be held accountable for adherence to statutory and
regulatory provisions. Further, as we have seen used effectively in
health care delivery, electronic systems will generally be designed to
raise flags for adjudicators and ``guide'' their actions so as to
assist in ensuring compliance.
Question 11. Since the end of the Gulf War in 1991, the Federal
Government has spent over $340 million studying Gulf War illnesses, yet
no effective treatments have been identified for the symptoms
experienced by many Gulf War veterans. Rather, many of the studies
conducted over the years have focused on attempting to identify the
causes of those symptoms. But whatever the cause of the health problems
experienced by Gulf War veterans, we know they are real.
a. Do you believe that improving the health of these Gulf War
veterans should be a priority?
b. Would you support heavily focusing further research on the
treatment of Gulf War veterans?
Response. I believe that more research into the Gulf War Illness,
particularly treatment, is called for and understand that VA has
referred the Research Advisory Committee on Gulf War Illnesses' report
to the Institute of Medicine for review and comment. I will be
interested in the IOM response. Generally, I would like to see more
resources devoted to treatments of Gulf War related illnesses.
Question 12. North Carolina has a number of VA medical centers and
outpatient clinics throughout the state, yet it is my understanding
that VA-provided medical examinations for purposes of disability
compensation are generally provided only at the Winston-Salem VA
outpatient clinic. It is my understanding that this may require
veterans to drive as many as 4 hours to obtain an examination.
a. If confirmed, will you explore ways that North Carolinian
veterans can obtain quality disability examinations closer to their
homes?
b. Will you conduct a similar examination on a national level, if
confirmed?
Response. If confirmed, I will explore how to ensure that
disability exams are reasonably accessible. The VA has been utilizing
both VA and contract exams for some time. The important issue in my
mind is whether the exams are performed in a prompt, thorough, accurate
manner that provides all the relevant information needed by VBA in
order to rate the claim.
Question 13. The effective use of information technology will help
VA continue to deliver high quality medical care to veterans and can
help in the administration of benefits programs for veterans. The
challenges VA faces in this area are enormous, both in its
intergovernmental operations, such as the development of an
interoperable patient record between VA and DOD, and in its internal
operations.
a. What is your assessment of the progress VA is making toward an
interoperable patient record with the Department of Defense? If
confirmed, what will you do to ensure that progress continues to be
made in this critical area?
b. What is your assessment of the other key information technology
issues confronting VA, e.g., VETSNET; VA's paperless claims initiative;
HealtheVet; and the department's efforts to use information technology
to administer the new Post-9/11 Veterans Educational Assistance
program? What, if anything, would you do differently, based on the
plans for these initiatives that you have viewed?
Response. It is my understanding that VA doctors, nurses and other
health care professionals currently have access to much of the
available, relevant DOD electronic health care record for active duty
soldiers. Work continues between the two organizations to identify
additional data that can be shared. If confirmed, I intend to take an
active interest in the progress of these efforts and to insist that
data sharing and a seamless experience for the Veteran be top
priorities of the Office of Information and Technology.
I will certainly be reviewing the Department's information
technology planned initiatives both in health and benefits, but it is
premature to provide an assessment at this time.
______
Response to Pre-Hearing Questions Submitted by Hon. Patty Murray to
General Eric Shinseki, Nominee to be Secretary, Department of Veterans
Affairs
Question 1. What do you see as the biggest challenges facing the VA
and how do you plan to tackle them?
Response. The overarching challenge that the VA faces is its
transformation into a 21st Century organization as called for by the
President-elect. I am acutely aware that transformation is a
challenging task particularly in a complex organization, steeped in
tradition; we faced similar challenges in the transformation of the
United States Army.
I believe that the biggest challenges the VA faces are:
1. Successfully implementing the New GI Bill (Post-9/11 Veterans'
Educational Assistance Act).
2. Streamlining the disability claims system, increasing quality,
timeliness and consistency of claims processing and updating the
Disability Rating Schedule while maintaining veterans' rights.
3. Ensuring adequate resources and access points to meet the health
care needs of all enrolled Veterans as well as those OEF/OIF Veterans
and Priority Group 8 Veterans, who will be joining the system.
4. Utilizing cost effective Information Technology to improve and
modernize the delivery of benefits and services.
If confirmed, I would focus on these issues and the development of
a credible and adequate 2010 budget request during my first 90 days in
office. However, the overriding challenge which I will start addressing
the first day in office is to make the Department a VA for the 21st
Century, a VA in which Veterans truly are the centerpiece of the
organization
Question 2. What are your personal criteria for assembling your VA
management team?
Response. If the transformation of the VA is to be successful it
must be accomplished through the efforts of the entire leadership team.
I expect my leadership team at VA to be comprised of highly qualified
and dedicated leaders who fully understand and will promote the
President-elect's and my transformational vision for the VA. They will
be competent and disciplined individuals who wholeheartedly believe in
the mission of the VA. These will be individuals who have an unmatched
work ethic, who have a strong sense of values, who treat others with
dignity and respect, who are accustomed to hard work, who are
courageous, who thrive on responsibility, who know how to build and
motivate teams, and who are positive role models for all around them.
These will be individuals who believe as I do that ``If you don't like
change, you will like irrelevance even less.'' The VA mission is too
important to ever be seen as irrelevant.
Question 3. To what extent will you be looking to former military
officers as candidates for key VA positions?
Response. If confirmed, I'll look for the best qualified people who
understand Veterans' and Veterans families' needs and are willing to
work hard to support them; if they happen to be former military
officers that would not disqualify them.
Question 4. During the lead up to the Iraq War, you famously said
that our military would need something on the order several hundred
thousand soldiers to stabilize post-invasion Iraq, and you were
tragically proven right. With the expected withdrawal of US troops from
Iraq in the next three years, we need to ensure that the VA is prepared
to care for all of the returning veterans who need access to the
healthcare and benefits they have earned.
a. If confirmed, what will you do will you do to prepare the VA
system to care for the many returning Iraq veterans?
Response. I will promptly validate the VA's information needs to
develop a budget that will ensure that the 2010 budget proposal
realistically identifies the VA's needs to provide these Veterans the
health care they deserve. Further, we will work with the Department of
Defense to assess the opportunities to simplify and smooth the
transition from active duty to Veteran status of OIF/OEF
servicemembers.
b. Have you had the opportunity to sit down with Iraq and
Afghanistan veterans to hear about their problems accessing healthcare
and getting their benefits?
Response. Anecdotally, yes--not formally. I have had the
opportunity to meet with men and women who have served in Iraq and
Afghanistan. I have heard from OIF & OEF Veterans and am well aware of
their concerns and issues with respect to their health care needs and
their issues with the VA.
Question 5. Secretary Peake has spent a great deal of time working
to make the transition to the VA truly seamless for servicemembers
leaving the military. One of the most critical ways this has been
achieved is through the Senior Oversight Committee--the organization
that brings the Deputy Secretaries of the DOD and the VA together to
tackle transition challenges.
a. If confirmed, will you keep in place the Senior Oversight
Committee?
Response. It is my understanding that the 2009 Defense
Authorization Act contains a provision directing the Departments to
maintain the SOC into the incoming Administration. Together with the
Deputy Secretary, I will assess the status of activities which the SOC
is overseeing and determine whether SOC efforts should be re-
prioritized. Clearly, the SOC is performing a critical function and I
am advised that it has been successful in advancing VA/DOD joint
efforts. This is in the interest of providing the best service to our
wounded warriors. I am also aware that the Joint Executive Council,
established by law, helps to identify opportunities to enhance mutually
beneficial services and resources and oversees the Health and Benefits
Executive Councils.
b. Do you have any ideas on how to improve the transition from the
military to the VA?
Response. My ideas, at this point, are formative. It is clear to me
that Secretary Gates and I will need to provide significant leadership
to the issue of VA & DOD information sharing and technology
integration. I intend to speak with Secretary Gates about this.
Further, I understand that there is a need to identify appropriate
times for effectively conveying benefits information to demobilizing
National Guardsmen/women and Reservists. I believe that we will be
successful in determining a resolution to this. In addition to the
transition issues I would discuss with Secretary Gates, I would also
engage other secretaries and departments regarding employment, housing,
education, PTSD, and a range of issues that bear on our Veterans.
c. What are your views on Post Traumatic Stress Disorder?
Response. PTSD can be a profoundly disabling condition. But it can
be treated effectively. VA has a special responsibility to help
properly diagnose Veterans suffering from PTSD and to treat them. I am
aware that if PTSD goes undiagnosed or untreated, there are likely to
be significant consequences. In this regard, I believe that Mental
Health must be a very high priority for the Veterans Health
Administration.
d. Do you see PTSD as a particularly troubling problem of veterans
coming back from Iraq and Afghanistan?
Response. I am aware of the RAND Corporation study that has been
widely reported that indicated that nearly as many as 20 percent of the
returning OIF/OEF servicemembers report symptoms of PTSD. That is a
significant finding. I am also aware that VA has reported that it has
diagnosed about 120,000 Veterans of OIF/OEF as having mental health
problems and about 60,000 of them are receiving PTSD treatment. I
recognize that much must be done to eliminate the stigma that many
servicemembers believe is associated with this disorder and I am
advised that the leadership of the armed services is taking steps to
encourage servicemembers to seek help.
e. What are your views on Gulf War-related Illnesses?
Response. Generally, I would like to see more resources devoted to
treatments of Gulf War related illnesses than in continued explorations
of causes. I am aware that a Congressionally-mandated Research Advisory
Committee on Gulf War Veterans' Illnesses reported to the VA in
October. The report includes findings that nearly a quarter of the
700,000 servicemembers who served in the 1990-1992 Gulf War have
experienced a complex of difficult and persistent health problems since
their return home. The Research Advisory Committee further reported
that ``scientific evidence leaves no question that Gulf War Illness is
a real condition with real causes and serious consequences for affected
Veterans.'' I understand that the VA has sent the report to the
Institute of Medicine for its review and recommendations. If confirmed,
I will be most interested in IOM's recommendations and determining
appropriate actions.
f. Are you aware of the most recent IOM report that links exposures
in the Gulf War to later onset of Gulf War illnesses?
Response. I am not currently aware of this IOM report but will look
into the matter.
g. What are your views on the needs of family-member caregivers
(including spouses and parents) of severely injured veterans from Iraq
and Afghanistan (those with poly-trauma, serious brain injuries,
multiple amputations, etc.)?
Response. This is an issue I am very concerned with; if confirmed,
I'll take a hard look at whether additional legislative authorities are
needed to support family involvement in treating, rehabilitating, and
reintegrating wounded Veterans. The consequences of these serious
catastrophic disabilities require VA and the Nation to support the
families of these heroes in every possible way to give severely wounded
Veterans the services they deserve. We also need to explore the need to
provide training and assistance to those family members who provide
long-term care to these Veterans and address the mental health issues
that those care givers deal with.
h. Do they need services and support from VA they aren't getting
now, and what would you propose to do about it?
Response. I understand that VA often provides various counseling
services to family members and VA also has caregiver support groups for
spouses of Veterans with disabilities and chronic illnesses. Those
services are in support of the treatment of the veteran. I am also
aware of VA's operation of Fisher Houses at a number of VA facilities.
As I understand it, VA initiated eight caregiver assistance pilots
across the country last year. If confirmed, I look forward to learning
about these pilot programs and the extent to which these services and
others meet the needs of the Veterans' family members and what can be
done to expand these services.
Question 6. A former VA Secretary centralized all information
technology to one Chief Information Officer. While well intentioned,
this has created difficulties for the VA health care system--one that
internally developed and managed a remarkable health IT system and
network over the past 30+ years. Health IT is one of the key reasons VA
health care is so high quality and safe for veterans. Over 6,000 VHA IT
personnel were swept up in the centralization, along with IT budget,
governance, development and planning. What are your views on
centralization, and will you commit to examining the impact of IT
centralization on VA health care?
Response. The ability to communicate and exchange information
effectively in the 21st Century is critical to any organization's
success. It is my understanding that the issue in VA's reorganization
of its IT functions is how best to optimize the very significant
resources that are devoted to meeting the information technology needs
of the entire Department. In order for the Department to meet the needs
of the 21st Century Veteran it must effectively and efficiently manage
the IT resources we have. I will always be open to adjustments and
reasonable compromises to ease the transition of the new IT
organization or address safety or quality of care issues. Further, I
will want to ensure that the governance structure and practices adopted
by the IT organization is consistent with the service role that IT must
practice.
Question 7. In 2003, the VA blocked enrollment of new Priority 8
veterans in the VA Healthcare system. Legislation has been introduced
in Congress to overturn that decision and Congress recently provided
the VA with money to bring more Priority 8 veterans into the VA health
care system. During the campaign, President-elect Obama pledged to
overturn the Bush Administration's executive order banning enrollment
of new Priority 8 veterans.
a. Have you explored this issue and if so, can you share your
thoughts on this issue?
b. Will you follow through on Obama's campaign pledge to overturn
the ban on new Priority 8 veterans from enrolling, or will you have to
study the issue before taking action?
Response. If confirmed, an immediate assignment will be to develop
the plan to meet the expectations of the President-elect's goals as
they pertain to Priority Group 8 Veterans. I believe the prudent
approach will be to validate the estimated number of these veterans,
giving appropriate consideration to the potential impact of current
economic factors, and then assess the capacity of facilities and
staffing and then quickly create a plan to phase these Veterans into VA
for care. Overriding considerations must be VHA's ability to ensure a
transition where demand can be appropriately met without deterioration
in quality of care.
Question 8. Like the military, the VA is facing a shortage of
mental health providers across the country. What do you think can be
done to effectively recruit more personnel into the system?
Response. I have been advised that VA has added over 4,000 mental
health professional FTE in the last two years. Such successful
recruitment efforts suggest on the surface that VA has been effective,
to date, in recruiting mental health staff. But as VA seeks to add even
more mental health professionals I will closely monitor the recruitment
efforts and keep you apprised of any problems encountered.
Question 9. Over the past few years, senior VA leadership has been
unwilling to stand up to OMB when the Administration has tried to low-
ball the cost of care for our veterans. I am really looking for an
independent advocate to take the helms of the VA and be honest with
Congress about what the agency needs to fully meet the mission of the
VA. Can you give me a sense of how you will react if the OMB tries to
make you request less funds than you think the VA needs to provide an
adequate level of care for our veterans?
Response. If confirmed, I will be an aggressive advocate for the
fiscal needs of the Department and will not hesitate to inform the
President of any serious concerns that I have. I anticipate that the
new OMB Director will be offering advice and assistance in the
fulfilling the President-elect's vision and direction with respect to
caring for our Nation's veterans. It is my expectation that OMB will be
prepared to assist me in presenting to the President a proposed budget
in any given year that is consistent with those needs and promises.
Question 10. During the campaign, President-elect Obama advocated
changing the way Veterans'' healthcare is funded by supporting a
legislative mechanism known as ``advance appropriations,'' which
provides funding a year in advance. Are you familiar with this concept
and will you push for the change if confirmed?
Response. I am familiar with the mechanism of advance
appropriations. It is my understanding this is now widely supported by
VSOs. Consideration of these mechanisms evolved because of the
significant management difficulties that result from continuing
resolutions. Among the difficulties the VA experienced were increased
patient waiting times and treatment delays. For these reasons, the
President-elect and I support the proposal for advance appropriations.
With respect to the timely passage of appropriations bills or
triggering mechanisms, I believe that is a matter for consideration by
the Congress.
Question 11. What are your plans to reduce the backlog of claims
and fix the adjudication problems?
Response. It is critical that we reduce the claims backlog as
quickly as possible. We must simultaneously ensure that efforts to make
the adjudication process paperless are successful and timely. VBA must
move to an integrated, all electronic claims processing system. While I
appreciate that this will not be easy I also understand that it is
essential if we are to modernize and streamline the benefit
application, eligibility determination and benefit administration
processes, reduce wait times and backlogs and deliver the benefits that
our Veterans have earned. I will insist that a plan be developed with
reasonably aggressive timelines to validate the current benefits
administration business processes with an eye to the role of rules
engines. Once the plan is adopted I intend to move expeditiously to
acquire the technology and systems to support the delivery of benefits
to 21st Century Veterans.
Question 12. As you may know, legislation has been introduced to
improve the VA's capacity to care for the increasing number of female
veterans who are entering the VA healthcare system. Will you work with
the Committee to help make the VA a welcoming place for female
veterans; a place that is prepared to meet their unique needs?
Response. I look forward to working with the Committee on this
important service component of a transformed veteran-centric VA. I know
that the proportion of women serving in the Armed Forces is growing.
The active duty OIF/OEF military force is 14% women. I am advised that
the proportion of women Veterans using VA services is also growing and
is projected to possibly exceed 15% of the total population of VA
health services users by 2020. VA will need to continue to respect the
different requirements for healthcare and privacy for women, and take
steps necessary to ensure those requirements are met. I understand that
VA has recently required that the position of Women Veterans Program
Manager be full-time at every VA Medical Center and that there are
efforts underway to implement appropriate clinic and service
enhancements. I will look to the Advisory Committee on Women Veterans
to continue to assist VA in appropriately responding to the needs of
these veterans.
______
Response to Pre-Hearing Questions Submitted by Hon. Bernard Sanders to
General Eric Shinseki, Nominee to be Secretary, Department of Veterans
Affairs
Question 1. Can you tell me your view on providing advanced year
appropriations for the VA so that it has sufficient, timely, and
predictable funding to hire the staff and provide the services our
veterans need?
Response. I am familiar with the mechanism of advance
appropriations. It is my understanding this is now widely supported by
VSOs. Consideration of these mechanisms evolved because of the
significant management difficulties that result from continuing
resolutions. Among the difficulties the VA experienced were increased
patient waiting times and treatment delays. For these reasons, the
President-elect and I support the proposal for advance appropriations.
With respect to the timely passage of appropriations bills or
triggering mechanisms, I believe that is a matter for consideration by
the Congress.
Question 2. Do you think the VA should rescreen or contact veterans
that returned from Iraq and Afghanistan before the VA had a Traumatic
Brain Injury (TBI) screening tool in place?
Response. I believe that could be a good idea, but would solicit
the advice of the Under Secretary of Health as to how to proceed in
this matter
Question 3. Do you think the VA has done enough research on
treating mild or moderate TBIs as well as its co-occurrence with PTSD?
Response. I believe there needs to be more research in this area
and have been advised that recent reports, including one by the
Institute of Medicine, recommend increased research in this area.
Question 4. What plans do you have to make sure the VA is prepared
to handle the surge in veterans that will be coming home due to the
redeployment from Iraq?
Response. Accurate forecasting models are the key to correct
estimates of the resources needed to treat our Veterans. While
returning OEF/OIF Veterans will constitute a relatively small
percentage of all Veterans enrolled in VA's health care system, I'm
informed that the estimating model has improved in the ability to
forecast demand more accurately. Implementation of the new GI Bill is a
primary concern of mine, which will receive priority attention. The
substantial addition of personnel to disability claims processing and a
concerted move to paperless processing should also assist in meeting
the needs of those returning home.
Question 5. What steps will you take to improve access to care for
veterans in rural areas, such as in my home state of Vermont? Do you
support the use of Community Based Outpatient Clinics and Vet Centers?
Response. Thanks to this Committee and others, I believe the VA has
a greater understanding of the needs of Veterans in rural areas. The VA
has a responsibility to treat these Veterans' injuries and wounds--
regardless of where the Veterans live. It is my understanding that the
new VA Office of Rural Health will identify local initiatives for
pilots which are expected to lead to improved rural health care. While
we await the findings from the pilot projects, I would expect a
continuing mix of care, the expanded use of telehealth for treatment of
mental health needs of Veterans in their homes and CBOCs, and the
continuing development of referral approaches and transportation where
it is unrealistic to have high level diagnostic and treatment
capabilities in the most remote rural areas.
Question 6. What steps do you plan to take to ensure the VA can
handle the needs of both existing and new veterans?
Response. If confirmed, it is my intention to transform the VA into
a 21st Century institution, as promised by the President-elect, one
that effectively and efficiently delivers benefits and services to
Veterans in an accessible manner. I will seek whatever resources are
needed to accomplish this transformation.
Question 7. Are you committed to bringing the VA into the 21st
Century my moving to an electronic claims processing system to help
raters determine claims more quickly and make it easier for veterans to
submit claims?
Response. Yes, as indicated in question 6, above, VBA must move to
an integrated, all electronic claims processing system. If confirmed, I
will insist that a plan be developed with reasonably aggressive
timelines to validate the current benefits administration business
processes with an eye to the role of rules engines. Once the plan is
adopted I intend to move expeditiously to acquire the technology and
systems to support the delivery of benefits to Veterans. But, I would
add the rating system is only one step in a process that we need to
review.
Question 8. Do you support Congress' efforts to bring Priority 8
veterans back into the VA health care system? If so, how do you
envision this process taking place?
Response. If confirmed, an immediate assignment will be to develop
the plan to meet the expectations of the President-elect's goals as
they pertain to Priority Group 8 Veterans. I believe the prudent
approach will be to validate the estimated number of these veterans,
giving appropriate consideration to the potential impact of current
economic factors, and then assess the capacity of facilities and
staffing and then quickly create a plan to phase these Veterans into VA
for care. Overriding considerations must be VHA's ability to ensure a
transition where demand can be appropriately met without deterioration
in quality of care.
Question 9. What will you do to ensure the VA is providing
appropriate services to our women veterans?
Response. I look forward to working with the Committee on this
important service component of a transformed veteran-centric VA. I know
that the proportion of women serving in the Armed Forces is growing.
The active duty OIF/OEF military force is 14% women. I am advised that
the proportion of women Veterans using VA services is also growing and
is projected to possibly exceed 15% of the total population of VA
health services users by 2020. VA will need to continue to respect the
different requirements for health care and privacy for women, and take
steps necessary to ensure those requirements are met. I understand that
VA has recently required that the position of Women Veterans Program
Manager be full-time at every VA Medical Center and that there are
efforts underway to implement appropriate clinic and service
enhancements. I will look to the Advisory Committee on Women Veterans
to continue to assist VA in appropriately responding to the needs of
these Veterans.
Question 10. Do you support making the VA a leader in the use of
green technologies, energy efficiency, renewable energy, and green
building design in VA facilities nationwide?
Response. With an extensive infrastructure including 153 medical
centers, 745 Community Based Outpatient Clinics and 225 Vet Centers, it
is important for the VA to be an aggressive advocate of green
technologies. It is my understanding that VA has for many years been
active in efforts to achieve energy efficiency. I'm also informed that
$120 million will be spent in this fiscal year on traditional
renewables, cogeneration, and replacement of infrastructure (energy
efficient boilers, windows, switches, etc).
Question 11. Will you encourage VA medical centers across the
country to use the new authority granted by Congress for the VA to
provide mental health services to families of veterans?
Response. I am familiar with the provisions of Public Law 110-387
which extends counseling services to family members. As soon as the
necessary regulations are in place, VA facilities will provide these
services as appropriate to the treatment needs of Veterans. I believe
this issue needs further examination and additional authorities and
resources may be required.
Question 12. As you may know, a recently released report by the
Research Advisory Committee on Gulf War Veterans' Illnesses, pointed to
ingestion of pyridostigmine bromide pills and exposure to pesticides as
two causes for the host of illnesses veterans returning from the first
Persian Gulf War experience. Given this report and the fact there is
still no real treatment for one-fourth of the 697,000 veterans who
served in this conflict 17 years later, what steps will you take to
develop treatments and open the doors of the VA to these veterans
without onerous service-connection requirements?
Response. I strongly agree that more research into the causes and
treatment of Gulf War Illness is called for and understand that VA has
referred the report you mentioned to the Institute of Medicine for
review and comment. I will be interested in the IOM response. With
respect to those Gulf War veterans who are seeking medical treatment
from VA, it is my understanding that provisions in the National Defense
Authorization Act for Fiscal Year 2008 provide that Gulf War Veterans
have until January 28, 2011 to enroll in VA's health care system.
Question 13. What role do you think the VA, working in partnership
with State Veterans Departments, Veteran Service Organizations, and
other entities, including veterans themselves, can play in helping
personally contact veterans and their families to make sure they know
about and can access VA services?
Response. I believe that VA should take a leadership role in
seeking out Veterans and their families concerning VA benefits. If
confirmed, I anticipate developing a strategic communications program
for VA that will involve more aggressive and innovative outreach
utilizing all available technologies including the internet.
Question 14. What steps will you take to make sure that VA
employees are paid competitive wages that are so crucial to attracting
workers to rural areas, such as in many parts of my State of Vermont?
Response. I will ensure that the VA Human Resources program
continues and enhances efforts to evaluate competitive pay and
benefits. I understand that VA has special authorities in Title 38 to
ensure that it has the ability to pay appropriately competitive
salaries for physicians, nurses, and other health care professionals
and local labor markets are taken into consideration in those
determinations.
______
Response to Pre-Hearing Questions Submitted by Hon. Johnny Isakson to
General Eric Shinseki, Nominee to be Secretary, Department of Veterans'
Affairs
Question 1. As Secretary of Veterans Affairs, how will you continue
the progress that has been made in the area of seamless transition
between VA and DOD? What programs and efforts have you seen to be
successful and which would you expand upon?
In Georgia, the Uptown Augusta VA Medical Center and the Eisenhower
Army Medical Center at Fort Gordon seem to have perfected the model for
seamless transition between VA and DOD. For example, the Augusta VAMC
houses an Active Duty Rehab Unit where our active duty servicemembers
are receiving state-of-the-art rehabilitation and therapy. Soldiers at
the nearby Warrior Transition Unit located at Ft. Gordon are provided
transportation to the VAMC, providing soldiers an opportunity to move
and transition seamlessly between the two facilities and organizations.
I would like to see this model expanded, not only in Augusta, but
around the country. I would appreciate your view on seamless transition
between VA and DOD, and in particular how the ``Augusta Model'' can be
expanded.
Response. I have been advised that substantial progress has been
made in the transition of patients from DOD to VA. I am aware of the
programs that established the Federal Recovery Coordinators, the
Recovery Care Coordinators, Transition Patient Advocates, and case
management improvements. I've also heard all is not done, and if
confirmed, I will personally emphasize the importance of these
programs. While I am not familiar with the specifics of the Augusta
program, I do know that there is a very good relationship between the
Augusta VAMC and Fort Gordon, and I assure you that, if confirmed, I
will seek more details about it and the feasibility of its expansion
and perhaps emulation in other areas.
Question 2. As Secretary of Veterans Affairs, what are your plans
on the implementation of electronic medical records sharing between VA
and DOD? Do you see a need for this type of record sharing between the
two Departments, and if so, what do you think is the best way to
achieve this?
Response. I am aware that significant progress has been made in the
electronic sharing of medical record information between DOD and VA. I
am troubled by reports about some continuing barriers. If confirmed, I
intend to discuss the importance of these information sharing and
integration efforts with Secretary Gates, mindful of the requirement to
always appropriately protect the privacy and security of Veteran's
medical and personal information.
Question 3. Over the past year, Georgia has been fortunate enough
to receive several new Community Based Outpatient Clinics, with another
one scheduled to come online next year. How do you view the services
offered at these sometimes remote facilities? Looking at the types of
mental and physical wounds our returning OIF and OEF vets are coping
with, do you feel these CBOCs offer adequate and appropriate services?
Should more of these clinics be constructed or should the Department be
focused on building more medical centers OR BOTH?
Response. It is my understanding that the strategy behind the
development and expansion of Community Based Outpatient Clinics was to
provide Primary Care and Mental Health Services in locations that would
reduce veteran travel time for routine care. This seems to be an
effective strategy for improving access to health care. With respect to
the specialized needs the many OIF/OEF Veterans have, I will need to
learn more about the extent to which the more complex services are
available to meet these needs.
______
Response to Post-Hearing Question Submitted by Hon. Daniel K. Akaka to
General Eric Shinseki to be Secretary, Department of Veterans Affairs
Question. Your notable service in the military includes Schofield
Barracks and Fort Shafter in Hawaii. I am certain that you would be
aware of the healthcare needs of our veterans in the Pacific region.
Considering the geographic location and limited healthcare access in
the Pacific, can you share with us your views on how you can reach out
to provide and to enhance the quality of healthcare services to our
veterans in the Pacific?
Response. Yes, I am aware of the challenges facing the provision of
healthcare services to veterans in the Pacific. I intend to learn more
about the number and needs of these veterans. I have already learned
that progress has been made in recent years to improve those services.
The VA Pacific Islands Health Care System serves veterans in the
Pacific Basin, a geographic service area of 4.8 million square miles.
Affiliated with the University of Hawaii and Tripler Army Medical
Center (TAMC), the Spark M. Matsunaga Medical Center is a state-of-the-
art facility, providing diagnostic, medical, mental health, and
specialty care outpatient treatment. Care is provided from its main
clinic on Oahu and through five community based outpatient clinics
(CBOCs) in the Hawaiian Islands and Guam. Additionally, at a 16-bed
Post Traumatic Stress Disorder (PTSD) residential rehabilitation
center, veterans receive unique PTSD treatment and education. VA also
operates a 60-bed Center for Aging (nursing home) in Honolulu.
Currently, hospitalization is provided through a sharing agreement with
TAMC and community hospitals. A 19-bed VA-staffed psychiatric ward
operates at TAMC facility.
Challenges remain however which may require new approaches and
increased use of telehealth and contract care for these veterans. It is
my understanding that the new VA Office of Rural Health will identify
local initiatives for pilots which are expected to lead to improved
rural health care. While we await the findings from the pilot projects,
I would expect a continuing mix of care, the expanded use of telehealth
for treatment of mental health needs of Veterans in their homes and
CBOCs, and the continuing development of referral approaches and
transportation where it is unrealistic to have high level diagnostic
and treatment capabilities in the most remote areas.
______
Response to Post-Hearing Question Submitted by Hon. Richard Burr to
General Eric Shinseki to be Secretary, Department of Veterans Affairs
Question. You are well aware of the focus that has been placed on
ensuring that our wounded servicemembers have a ``seamless transition''
from military to civilian life. That phrase has been used so often that
it's important to come back to exactly what it means. So let me ask:
What does ensuring a seamless transition for our wounded men and women
mean to you? What would a seamless transition look like under your
leadership? And how do you plan to bring it about? Do you support
providing expedited claims development for transitioning servicemembers
who file disability claims shortly after their return from a combat
theater?
Response. ``Seamless transition'' can be an elusive term, but at
its core I believe that it aims at facilitating the service person's
transfer to civilian life and to the earned benefits and services
provided by the Nation in a manner that is prompt, comprehensive and as
effortless as possible. The details can be complex and I look forward
to reviewing and, if necessary, revising the efforts of the Senior
Oversight Committee and Joint Executive Council process. Because I
believe leadership is a key element of achieving this goal, I plan to
meet personally with Secretary Gates in the immediate future to explore
how these efforts may be improved and accelerated. I understand that
the Disability Evaluation System (DES) pilot program in VA & DOD has
recently been expanded to 19 military installations. I am very
interested in learning of the effectiveness of this single disability
examination pilot. I am also particularly interested in increasing the
utilization of the Benefits Delivery at Discharge (BDD) program. It is
through programs such as these that VA and the Department of Defense
will be able to ensure that seamless transition is a reality.
______
[The Committee questionnaire for Presidential nominees
follows:]
[A letter from the Office of Government Ethics follows:]
[Letter from General Shinseki to the Office of General
Counsel, U.S. Department of Veterans Affairs:]
Chairman Akaka. Thank you very much, General Shinseki.
I am tremendously pleased that you are committed to
transforming VA. During your tenure as Army Chief of Staff, you
were able to successfully transform the Army to become more
agile to meet a variety of challenges while dealing with a
legacy of technologies that already existed and an institution
that was wedded to how things were done in the past. I can see
clear parallels to VA.
My question to you is, what will be your first order of
business to begin VA's transformation, and what do you believe
will be the biggest challenge you will have to overcome?
General Shinseki. Well, thank you, Senator. I think I would
describe the biggest challenge being the process by which we
begin and sustain transformation of this Department into a 21st
century organization, focused on the things that I have just
mentioned--people-centric, results-oriented, and forward-
looking. I need to fill in the details on exactly what those
priorities will be.
But while that becomes the overarching and long-term
objective, there are some near-term issues that I know I will
have to deal with. I can't get to the long-term issue unless I
deal with these near-term ones.
First, implementation of the new G.I. Bill. There is an
August 1 implementation date and I know that there are
assurances that the Department is prepared to execute that. I
need to find out for myself, get an assessment, seek
independent advice, if necessary, but be able to assure you
that August 1 we will have checks in hands of veterans who are
looking forward to spending the next year in an academic
environment. So that is one of the near-term issues.
Another near-term issue is this, however it is quantified,
the size of the backlog that was mentioned here several times
and by Senator Murray, as well. I don't understand why 6 months
is what we live with. I need to get inside of this. There is,
in my opinion, no reason why a veteran submits a claim and then
takes a number and waits for 6 months. We need to do something
about this. Some of this has to do with business processes and
the applications that are currently in place, and if necessary,
we must change them. We will.
Along with that is the transition of currently-serving
young men and women who are coming back from a combat zone,
many of them bearing scars of battle, some visible, many others
invisible. We need not add them to the backlog. There must be
this seamless transition that we have talked about and has been
suggested. If it were easy, I think it would have been
accomplished.
Normally when I have run into situations like this, it is a
leadership issue. One of my early meetings I am going to
request is with Secretary Gates in Defense and seek to continue
the partnership that has already been established through the
Senior Oversight Committee, where both Deputy Secretaries from
our two Departments--Defense and Veterans Affairs--have made
significant progress in trying to solve this problem in the
last year or so.
I intend to go after this and find a way to approach the
seamlessness of the transition. It just seems to me that the
technology is there. This is a matter of getting the technology
to do the right handshakes.
Even as we do this, we have a requirement to address the
issue of Priority 8s who are going to be joining us in our
rolls. I need to understand just the size of the population,
and I know that with the economic downturn, the size of the
population is probably growing. I need to have some good
numbers on what the estimates are and to be able to quantify
what the resourcing requirements are so that I can make some
assessments.
And within the group of Priority 8s, there may be
subcategories that are more critical and should be moved
forward in the category of Priority 8 veterans, but we need
more information. I certainly need more information than I have
today. But that is a priority.
Undergirding all of these near-term challenges is a
movement to an information technology electronically-based set
of business practices and applications that makes us as
paperless as possible. I don't know that we will achieve true
paperlessness, but there is a lot more that needs to be done
that will support our decisionmaking, our accuracy, our ability
to identify veterans and keep them in the system once they are
there--all the benefits that now we seem to struggle with.
To do that, very shortly, I have a 2010 budget requirement
and so a lot of assessment and a lot of information gathering,
decisions in which I have to craft a credible and an adequate
2010 request that achieves the vision that the President-elect
has asked me to execute.
Chairman Akaka. Thank you, General.
We will continue with a 5-minute questioning period and I
will call on Senator Hutchison for her questions.
Senator Hutchison. I think you have covered everything well
on the priorities and I particularly appreciate that you are
going to jump in on those claims times, because I think it is
one of the hardest issues that Senator Akaka and Senator Murray
and I have worked on. We have given the money to do that, so we
will look forward to a progress report.
I would like to have your thoughts on the research that is
being done on Gulf War Syndrome--because I do think that has a
great potential for protection of future warriors--and also the
other areas that you would stress in research for the kinds of
injuries and rehabilitation that we want for our veterans of
today.
General Shinseki. Senator, my impression is there has been
significant money already invested in research about Gulf War
Illness. A good portion of that, my sense is, has been causes.
I think that research probably needs to continue, but at this
point, I think I am more interested in research that will
develop treatment for the symptoms that are clearly evident
among the population of veterans who went to the Gulf the first
time. We may not know exactly the causes, but I think we have
enough information that validates that there are symptoms that
must be treated; and I am more interested in understanding how
we get on with that.
So I look forward to the reports that I will be provided. I
don't have the details now, but the reports that are already
provided regarding the research, and even the more recent
affidavit that you received over the holidays, and I want to
see how we can put together treatment for these veterans.
Senator Hutchison. Thank you. I agree with you. And I think
as this goes forward, we are close to now determining that it
is lack of a particular enzyme in the blood and in the brain,
so I know that with the great knowledge that we are getting, we
could probably have the ability to give that enzyme to people
who are going in--or not allow people who don't have it to
enter into--an area where there might be chemicals. So, I think
we have made the commitment with the funding over a period of 5
years to be able to take that next step and I will look forward
to working with you on that.
The other areas that I am interested in: we now have so
many more survivors who have lost limbs because of the IEDs;
the trauma research; and just to reaffirm that those would also
be priorities. And if there are any others that you would like
for us to also look at, I would be interested in knowing.
General Shinseki. I think really the pace setter right now,
in terms of traumatic injuries to our veterans who are
currently serving, is probably the Department of Defense, just
because they have had that initial return of veterans and they
have done tremendous work in terms of--certainly with the
amputees on prosthetic research.
I don't know exactly how the Veterans Affairs Department is
set in terms of comparable capabilities, but my sense is there
is a little catch-up required here. We have a terrific
opportunity to partner with what has already been achieved in
the Department of Defense and then to take it the next step as
those veterans come under the care of the Department; and if
confirmed, that will be one of the things that I will be
interested in making an assessment on.
I think there is a requirement for research into brain
trauma that we are dealing with--PTSD and TBI. My sense is that
there was some level of these injuries in earlier conflicts.
They have been pronounced in this one because of the size and
the signature of the kinds of weaponry being used to attack
individual soldiers. We probably didn't do enough in previous
conflicts, and we need to ensure we don't miss this
opportunity. More research is necessary in this area, as well.
Senator Hutchison. We will support that.
Thank you, Mr. Chairman.
Chairman Akaka. Thank you, Senator Hutchison.
And now, Senator Rockefeller.
Senator Rockefeller. Thank you, Mr. Chairman.
General Shinseki, one of the tragedies of the care of
people, generally, in this country is the lack of understanding
of mental illness; and it always strikes me when I watch TV
advertisements, they are being pushed. They are considered to
be a part of the American situation, and some people say as
much as 25 percent of people are dependent upon some kind of
mental illness help and treatment.
It seems to me that the work that could be done in the
veterans' hospitals--and there is already work being done--
strikes me as the model of the way to help educate not just
physicians, but the American people, because people understand
that when people go to war and they come back, they don't come
back unwounded one way or another, and particularly when they
have been on two or three----
General Shinseki. Sure.
Senator Rockefeller [continuing]. Tours. So I am interested
in how you see that problem.
America, we are a Nation of such optimism that nobody wants
to admit that--because of circumstances or trauma or exhaustion
or other matters--that they just get depressed and they can't
perform to their ordinary ability. This is a huge matter for
the military and for veterans returning, not just the recent
veterans, but going back many years. I am interested in your
approach to that, because I think that you cannot only help
veterans, but you can help the American people come to terms
with what people are still reluctant to talk about.
General Shinseki. Well, Senator, I think you know that in
the active military, we wrestle with that stigma and have for
some time. Of late, as much work has been done, there is still
the reluctance of young men and women to self-refer. We need
better tools in how we reduce that stigma, and I do know that
in the Department of Defense, this is a continuing discussion.
A serving general officer who recently described himself as
having the effects of PTSD very publicly self-referred himself,
and I think that is a tremendous step in being able to deal
with the stigma for others.
In the VA, that stigma shouldn't be the same. I mean, we
have now transitioned people out of serving units where an
upcoming mission may be of concern. Now that they are with the
VA, we should be able to deal with this and address the stigma
and have people comfortable in being referred or referring
themselves for treatment.
What is clear about PTSD is that it is a debilitating
condition, but if treated early, recognized and treated, it
responds to that treatment. The alternative is to let these
things go unaddressed and more significant problems, maybe even
catastrophic problems, occur. And so, I think more research
needs to be done in this area, but certainly along with that,
to reinforce the treatment we know that works and then to
address this issue of making people comfortable with dealing
with PTSD and TBI as we deal with other injuries, physical,
visible injuries that result from combat, gunshot wounds and so
forth. This is one that will have my attention.
Senator Rockefeller. Thank you. I have another question,
but my time is up.
Chairman Akaka. Thank you very much, Senator Rockefeller.
Senator Wicker?
Senator Wicker. Thank you.
General, a Priority 8 veteran is any veterans who received
an honorable, general, or under honorable conditions discharge
with zero percent disability who earns greater than $29,402.
There are currently eight million veterans enrolled in the
system today, of all priority categories. I am told that there
are ten million Priority 8 veterans not currently in the system
now. Two-point-two million Priority 8 veterans are already
enrolled and 1.2 million are actually using the system.
I would just say that I appreciate your statement that in
trying to get your arms around this issue, one of the things we
are going to have to learn is what resources are available to
you, because to move twice as many people into the system in
Category 8 is going to be more demanding on the taxpayers than
I think some people realize. So I would just offer that.
Let me let my one question be about electronic medical
records, and these are statistics provided to me by the VA.
Ninety-eight-thousand Americans die each year from medical
records errors. One-in-seven hospital admissions occur because
a medical record is not available. Twelve percent of physician
orders are not executed as written; and 20 percent of
laboratory tests are requested because previous studies are not
accessible. Now that is society-wide, General. But back to your
goal of excellence and cutting-edge leadership to be received
by the Department, I would submit to the Members of the
Committee and to you that these sorts of statistics are not
acceptable.
Now, we have in the DOD/VA a plan called the Information
Interoperability Plan, IIP. It has 22 different initiatives
with three sets of goals. The IIP describes a path for DOD and
VA medical information systems to be shared. What it does not
include is a system for a single electronic medical record,
which has been a goal that I personally have embraced.
And I realize that you are going to have to go back and
familiarize yourself with the details of this, but there are
some people who think it is unrealistic to expect this out of
DOD and VA. I think if two major corporations in the United
States were merging, it wouldn't be at all unrealistic to think
that the electronic information systems of both of those
corporations would soon be merged and that we would be able to
make it work somehow. Some people think that doctors and
providers in DOD and in VA would not use such a system. It
would seem to me that, in particular, physician employees of
DOD and VA could be required perhaps more easily than other
physicians to enforce this sort of thing.
So I would ask you your thoughts about this at this point
in time in your education into this new Department. Does a
series of systems that will supposedly be interoperable, does
that truly benefit the servicemember and his family? Do we
need, indeed, a single electronic medical record that you start
with in the Army and you continue with in the VA, or are we
going to have simply a patchwork of antiquated systems that we
try to get to talk to each other?
General Shinseki. Senator, that is a great question. I
don't know. I am not familiar with the IIP to begin with. I am
assuming it is the result of the SOC, the Senior Oversight
Committee's work between the two Deputy Secretaries. But I will
find out more about it.
To me, it is not a technical or technological issue. It is
a leadership issue of agreeing what will serve either or both
systems or the individuals within that system.
Just an anecdote. I just happened to have a recent visit to
the Walter Reed Army Medical Center here a few weeks ago in
preparation for, if confirmed, being transferred over to the
VA. I happened to ask two, maybe three of the doctors who
looked at me that day and if they knew about the electronic
medical system used by the VA, and each one of them said they
did and they thought it was an excellent system and they wished
they had it. So, maybe there is some hope for some kind of
agreement here between the two Departments, and I say that
before I go over to make my initial visit with the Secretary of
Defense.
But I will look for a way to create this technological,
seamless transfer of information. It is not the technology. It
is about leadership, in my opinion.
Chairman Akaka. Thank you, Senator Wicker.
Senator Murray?
Senator Murray. Thank you, Senator Akaka.
Thank you very much, General, for your opening statement. I
very much appreciated what you called your three fundamental
attributes and I look forward to your implementation of that.
I did want to just say I want to thank your family for
their tremendous patience sitting here. I don't know who the
young gentleman is who is listening very carefully, but he is
doing a better job of sitting than most of us up here. I just
wanted to tell you I
appreciate his willingness to be there and support you, so thank
you.
General Shinseki. They are family friends, the Fritchey
family from Virginia, and John has his two sons here to expose
them to the workings of government in a democracy. He thought
this was a great way for them to spend the day.
Senator Murray. Excellent. Excellent.
General, I wanted to ask you, over the past 8 years, the VA
has developed sort of a track record and culture of downplaying
some very potentially embarrassing internal issues, whether it
is the budget shortfalls that we saw or inaccurate suicide
data, really at the expense of the veterans that we are all
serving. I wanted you to share with this Committee how you, as
Secretary, can build within the VA a culture that focuses on
providing for veterans' needs rather than sort of avoiding
public relations disasters. How do you change that culture and
what will we see under your administration?
General Shinseki. Well, Senator, a good question, and I do
think it is about leadership and it is something I will go to
work on the day of my arrival, if confirmed by the Senate.
As I said in the beginning, good people go to work every
day in the VA, and that is my expectation. So if I were to send
a message to the good people who are dealing with the veterans
who are our clients, my message would be this, ``Treat our
veterans with respect and dignity. They are not here begging
for a handout.''
I am reminded of this statement by a good friend of mine
who happens to work for McClatchy newspapers, a fellow named
Joe Galloway. Simple message. We serve veterans. Maybe even
simpler. The answer is yes. What is the question? Not to
oversimplify, but it is to change the attitude by which
veterans are treated when they come to us to request that we
provide the benefits and services we promised and they have
earned.
They are truly our clients. They don't have anywhere else
to shop. They are our clients. They retained us to do this and
we are going to deliver on that. Treat them with respect. And
asking them to take a number and wait; or put up with records
that are lost or take 6 months to adjudicate; or even worse,
records that are thrown out and destroyed, is not part of the
culture that I expect governs what will happen at Veterans
Affairs.
You have got to come to work with a passion to do what we
are asked to do, as difficult as it is. That is why I took this
job. My hopes are that, very quickly, we can go through the
period of adaptation and team building and come out the end of
that transition with a cohesive organization that is serving
veterans.
Senator Murray. Well, I look forward to that and I hope
that as part of that, your message to all of your team members
within the large bureaucracy of the VA is that when potential
issues come to light, that sharing them openly and honestly is
a better way of treating veterans than to try and figure out
how to keep it from coming out.
General Shinseki. I agree. I would just add to that,
Senator, that not only are we trying to create this much-
described ``One VA,'' which is team building and also cohesion,
but I think we as a Department have an opportunity to reach
beyond our own walls and look to work with Health and Human
Services, with the Department of Labor, with Housing and Urban
Development, Education, Small Business, to put together
comprehensive solutions for what we know our veterans are
wrestling with.
In the veteran population, there is this microcosm of all
of the other issues that are being handled by other Departments
and we need to be smart about how we engage one another and
come up with partnering solutions that husband resources and
get better results for all of us.
Senator Murray. Yes. One issue I wanted to bring to your
attention quickly is the issue of suicides and suicide
prevention, and the VA has made a little bit of progress on
this, but we still aren't able to get a true handle on that. I
have been exploring how we can help get a Memorandum of
Understanding or agreement with the Centers for Disease Control
and Prevention so that we can get a better handle on numbers.
Could I get your willingness to work with me on making sure we
understand what the scope of the problem is so we can deal with
this in a much better way?
General Shinseki. I will, Senator.
Senator Murray. Thank you. I have additional questions, but
I will wait for the second round.
Chairman Akaka. Thank you very much, Senator Murray.
Senator Tester?
Senator Tester. Thank you, Chairman Akaka.
You know, it is interesting. Not only can they see you on
the cameras in their homes today, but I understand the Iraqi
and Afghanistan Veterans of America are also blogging this.
This is good stuff for the information technology world.
I just want to touch on electronic medical records, and you
don't need to make your answers very long, just to the point.
We have had several hearings on this seamless transition
between DOD and VA, as I mentioned in my opening remarks. Do
you think it is important? What kind of urgency are you going
to place on it? Is it high on your list, is it moderate or low?
General Shinseki. Senator, it is high on my list. I don't
think I can address those near-term issues about backlog, about
Iraq and Afghanistan veterans being moved from one Department
to the next without the electronic records and the information
technology backbone that supports that.
Senator Tester. You said you think it is basically as
simple as a leadership issue. I mean, I think that is good
news. Do you have people in mind that you can influence in the
DOD to make this happen? It is not within our purview.
General Shinseki. I am going to begin with my counterpart
and then take his lead on that.
Senator Tester. Super.
General Shinseki. My reason for saying it is a leadership
issue is that technology--the power of the microprocessor--
solves that.
Senator Tester. I should say it, but when confirmed, what
actions would you take to enhance medical, and maybe more
importantly, mental health outreach to veterans in rural
communities, because we are so short on the mental health
stand, especially in rural America?
General Shinseki. I know that the delivery of services and
benefits in the rural parts of the country is a challenge and
will continue to be. I also know that there are some
telemedicine opportunities. I am led to believe that there is
some promising work maybe even in the mental health arena here.
I would rely on our mental health professionals to give me a
comfort level that says you can do some, a lot, maybe all of it
in this manner.
I do know that in the last 2 years the Department has
hired, I think, 4,000 additional mental health professionals
with plans to hire several thousand more in the next 2 years,
all indicating that there is the understanding this is a huge
area for work to be done.
Senator Tester. Good. We have a large number of veterans
who are Native Americans in Montana and they have some health
care issues in Indian Country. There has been some
collaboration about potentially working together with the
Indian Health Service. What are your views on those kind of
issues? Give me an idea if you think that is possible or if it
is something that you would work
toward.
General Shinseki. I would say it is something I probably
need to find out more about, Senator. But I don't think I would
turn away any opportunity to partner with other agencies as
long as the quality that has been established in the VA is met
and that timeliness and accessibility for veterans is the
benefit.
Senator Tester. I appreciate that. There is a Rural
Veterans Health Advisory Committee. They have met once already,
last fall. They meet again in the spring, I believe, in
Arizona. Would you commit to giving those folks the resources
they need to finish their work as far as making some
recommendations on how we can better address----
General Shinseki. I will find out a little bit more, but I
will commit to supporting the rural health--I think you are
referring to the Rural Health Office that has been established?
Senator Tester. It is a Rural Health Advisory Committee
that General Peake appointed, I think it has been about a year
ago.
General Shinseki. I think we are speaking about the same
thing.
Senator Tester. And then the other thing is, once they get
a report, would you commit to actually taking a hard look at
it? I am not saying implementing it, but certainly take a hard
look at it----
General Shinseki. I will.
Senator Tester [continuing]. To make sure it just doesn't
end up another report on the shelf.
General Shinseki. I will.
Senator Tester. Thank you very much.
Chairman Akaka. Thank you very much, Senator Tester.
General Shinseki, you indicated in response to pre-hearing
questions that you would be an aggressive advocate for the
fiscal needs of the Department. I am most gratified to hear
this. Along with President-elect Obama, you indicated that you
would support advanced funding for VA. My question to you is,
will the fiscal year 2010 budget contain this funding
mechanism?
General Shinseki. Good question, Senator. I don't know, but
I intend to find out. If confirmed, that will be an initial set
of questions that I deal with as we begin to put together that
budget.
Chairman Akaka. There is an interest in the Committee that
was mentioned.
General Shinseki. I do support the advanced appropriation
mechanism. Having lived with continuing resolutions in another
life, I know that there is impact, and especially when we are
dealing with health care and other issues for veterans. I would
prefer to have a mechanism that allows that to continue without
interruption.
Chairman Akaka. Given the IG's dual responsibility to the
Secretary as the head of the Department and to Congress, do you
believe you will be able to support the IG's work even if a
particular job might bring adverse publicity to VA?
General Shinseki. I have absolutely no problem with that,
Senator. I have lived with the dual reporting responsibility of
the Inspector General. I have always seen the Inspector General
as part of my team, helping me to find and solve problems that
might not ordinarily come to my attention. So the dual
reporting chain does protect the independence and impartiality
here, and I think that is important in any organization.
Chairman Akaka. General Shinseki, I want to follow up on
your comments about creating a trusting and positive
relationship with veterans and their families. Given missteps
in the past on health care matters and the dismal performance
in claims processing, how do you begin to foster trust in that
relationship?
General Shinseki. Senator, that is just a process that
begins with me and begins with my opportunity to build a good,
strong, and supportive team inside the Department of Veterans
Affairs. My experience is that there is nothing that builds
trust faster than performance and delivering on promises, and
that is what we intend to do. If confirmed, that is what we
intend to do.
Chairman Akaka. Well, thank you very much for your
responses.
Let me call on Senator Rockefeller for his further
questions.
Senator Rockefeller. One of the great tests of who I know
you to be because of what you did in terms of the Armed
Services Committee and the effect that that had on the American
people was magical. It brought the whole concept of truth and
need into a kind of convergence which--maybe that over-
dramatizes it a bit--it kind of electrified the Nation. It
certainly electrified us here in Washington.
You are going to be Secretary of Veterans Affairs, and that
means that every single piece of testimony that you give is
going to have to be vetted by the Office of Management and
Budget. Peter Orszag is one of the finest men I know. He really
is good. He is a lot more than a numbers cruncher. But there
will come a time, and I remember when I was Chairman, I used to
have real brawls with the White House on funding levels, and
won one once, and they told OMB to change their view.
But you are constrained in what you can say and that
presents a problem, I think, for a man of your nature and your
truthfulness, because as Senator Murray, who is always spot-on,
says, telling the truth about the needs is part of what builds
confidence in veterans. It also builds confidence in the
220,000 people who will be working for you, many of whom have
been there for many, many years and have not changed their ways
in many, many years; and that is another subject which I won't
get into. How do you establish that you really mean it in a
large bureaucracy, and sometimes you have to do that by getting
rid of people who are simply unwilling to adhere to what the
President-elect and the Secretary of Veterans Affairs wants.
But I really think the business of truthfulness on
veterans, I think Senator Murray and Senator Akaka would agree
with me that there were two things, and we discussed this in
our conversations, two tectonic changes that occurred last
year. One was as a result of the Walter Reed Army Hospital
Building Number Nine situation, when all of a sudden it came
crashing down upon us that we had not been serving veterans,
and I have been on this Committee for 24 years and it was just
a crushing realization to me, but on the other hand an
inspiring one, too, that sometimes you have to pay for what you
are going to get, and when you are dealing with veterans, that
puts you into a whole different category of obligation. But the
Nation understands, even if the bureaucracy of government does
not.
So what I am asking you, and please don't answer because I
do want you to get confirmed----
[Laughter.]
Senator Rockefeller [continuing]. Is to say that this is
not enough. Thanks mostly to the work of Senator Murray, who
you will find is one of the best friends you will ever have,
she just got us a whole bunch more money and we all felt pretty
good about it--$2 billion. It actually was more than that--$3
billion--then when we looked at it, it was wholly insufficient.
It was just better than it had been before.
Well, you are not interested in just what is better than it
has been before, but you are interested in what is sufficient
to make you and 220,000 people roar out of bed every morning
and charge off to work because they know they are going to be
changing the lives of people in a permanent way.
So I just make that comment to you, that you will soon find
yourself, I think, in a trap; and I think it is going to be a
particularly hard trap for a man of your integrity and stature.
I always make this point before vital testimony so people know
that they have to ask themselves the question, am I listening
to General Shinseki or am I listening to the Office of
Management and Budget. There is not much money around these
days after we finish doing whatever we have to do. But I just
pray that you will level with us--maybe it doesn't even have to
be in a public setting--you will level with us about where you
are being shortchanged and where you really want to get things
done and the money just is not there.
Government is capable of changing. I think we have a very
gutsy new President-elect and I think he wants to see results
in the work that you are doing. So I just make that comment and
ask you not to comment on it.
Chairman Akaka. Thank you very much, Senator Rockefeller.
Now we will have Senator Murray.
Senator Murray. Senator Rockefeller, thank you very much
for that statement. I think we all agree with that and look
forward to seeing you implement a real change of culture and
heart.
Let me ask you about women veterans because it is an issue
that I feel very passionately about. Women make up about 14
percent of the current active-duty force, but women still are
such a minority at the VA. A lot of women don't see themselves
as veterans. They don't get adequate care when they go in. The
VA wasn't built for women, but they now have to be part of
that, and I wondered if you could share a little short answer
with us about what you hope to do on that front.
General Shinseki. Sure. Senator, I watched the Army go
through the same process of adjustment and we may be playing a
little bit of catch-up, as well, here in Veterans Affairs. When
I entered the service, we were primarily male, a draft Army,
and I watched the changes for the better that occurred over
that time. But we were always playing catch-up. I understand
that today, women account for about 14 percent of our deployed
formations. Estimates, I am told, is that the VA by 2020 is
going to be 15 percent women. Now is the time for us to
anticipate that coming change that we know is going to occur
and put in place the kinds of programs so that we will
accommodate those changes without playing catch-up. So it is a
good time.
I do know that the VA has directed a full-time Women's
Veteran Program Manager at each of its 153 hospitals, and so
that is recognition. There is also--serving the Secretary--a
Women's Advisory Committee, as well, and I look forward to
meeting them and getting them----
Senator Murray. We look forward to working with you on
that.
Over the past 8 years, we have seen the Bush administration
propose new health care user fees and increase copays. I saw
recently a study by the University of Pennsylvania that found
that the VA's pharmaceutical copay increase back in 2002
actually caused a 19 percent drop in medication adherence by
our veterans. So it had a very negative effect, and I am
hopeful that we don't see from this administration those kinds
of proposals for increased copays and fees.
I know it is premature to ask you what your budget is going
to look like, but can you tell us what you are planning to do
in terms of copays and fees for our veterans?
General Shinseki. Well, Senator, I just need to learn more
about this. I do know under these economic conditions all of
our veterans are under stress, and so I need to get in and
understand where we are----
Senator Murray. OK. Just as a heads-up, this Senate has
turned down those requests every time, so if you want an honest
budget, it might be better to come to us without those in them.
Thank you for coming to my office and chatting with me
about a number of issues that we talked about, in particular
the Walla Walla Outpatient Clinic, which we had a great
discussion on. We have made a lot of progress there. We want to
keep going and I appreciate your commitment to that.
I did also want to invite you out to my State in
particular. We have a number of VA facilities. I noticed that
in your responses to pre-hearing questions you said that you
wanted to get out to see some of the VA facilities. And I think
if you have the time, and once you get settled, I would love to
have you come out and see some of the work that we are doing. I
know our veterans would appreciate your being out there on the
ground.
I did want to ask one last question that I think is
important. The VA has been a very passive organization. We are
here. You can come to us. It seems to me, particularly with our
Iraqi and Afghanistan veterans who are coming home--a different
generation--looking at the world differently and how they
perceive it, that we are losing a lot of our veterans,
particularly with PTSD and TBI--not those visible wounds of
war--because it has been a passive organization, and I am
concerned about the outcome of that.
Do you share my view that VA needs to start being more of a
proactive organization rather than just a passive organization;
and if so, how do we get there?
General Shinseki. Senator, we can't transform unless we are
proactive, and so I think this is part of that larger
overarching vision that I have been provided. In order to get
there, the Veterans Affairs Department is going to have to
change a bit of the culture and the way that it has been doing
business, all for the good. But my responsibility is to lead
that change, and proactivity is something I am usually
comfortable with.
Senator Murray. OK. Well, General, I really do appreciate
you taking on being the head of this agency. We want it not to
be business as usual. We want to not hear just about a
bureaucracy, but about a people organization. You have set that
vision out for us and I assure you if you move forward with
that aggressively, openly, and honestly with this Committee, we
will work as hard as we can with you to make sure our veterans
get the care they need. So thank you very, very much.
Chairman Akaka. Thank you very much, Senator Murray.
Thank you, and mahalo, General Shinseki, for your full and
open participation in today's hearing. Every organization needs
an unquestioned leader and I am anxious to have you assume that
role at VA as soon as feasible.
As I mentioned in my statement, the plan is for your
nomination to go directly to the Senate Calendar on
Inauguration Day and for the Senate to act on it the same day.
If there is no objection, I ask that any member who wishes to
submit any post-hearing questions to General Shinseki to do so
today and that the nominee return them by close-of-business
tomorrow. So we look forward to this speedy action and look
forward to your being confirmed.
Again, I want to say thank you to you and your family. We
want to wish you well in the future and in the future of our
country. We ask God's blessing upon you, your family, and, of
course, our country and our new administration.
With that, this hearing is adjourned.
General Shinseki. Thank you, Mr. Chairman.
[Whereupon, at 12:24 p.m., the Committee was adjourned.]
A P P E N D I X
----------
Prepared Statement of L. Tammy Duckworth, Director,
Illinois Department of Veterans Affairs
Mr. Chairman and Ranking Member Burr, Thank you for allowing me the
opportunity to submit testimony to this Committee in support of
President-elect Barack Obama's nomination of General Eric K. Shinseki
to Secretary of Veterans Affairs. I have had the great privilege of
testifying several times before you and know that this Committee and
its members have often been the final line of defense for Veterans.
This Committee has pushed for better benefits for Veterans while
understanding the importance of efficiency and expediency in delivering
care. In the last several years, it was this Committee, in a bipartisan
effort, which led the efforts to allocate the budget truly required by
the Dept. of Veterans Affairs to care for our Nation's Veterans,
instead of the grossly inadequate levels requested by the
administration.
I believe that you will find GEN Shinseki to be exactly the kind of
tough, innovative and insightful Secretary that the Department of
Veterans Affairs needs at this extremely critical time. The VA is
facing increasing demand for its services from Vietnam-era Veterans,
returning to the VA as they enter retirement and lose employer-provided
health care or have developed service-connected illnesses, such as
cancers, which often develop decades after exposure to battlefield
conditions. Additionally, after seven years of war, the younger
generation of Veterans entering the VA today have demographics rarely
seen by the USDVA in its past. The incredible, world-class military
medical system has resulted in many more Veterans returning from war
having survived severe injuries that were life-ending in the past.
Traumatic Brain Injury and Post Traumatic Stress Disorders as well as
exposure to contaminants have emerged as significant health issues of
the OIF/OEF generation Veteran. We have the first ever generation of
young female combat Veterans in our nations' history. Homelessness is
also a critical threat. In Illinois, we are already caring for homeless
Iraq and Afghanistan Veterans in shelters across the state. When the
homeless Veteran is female, there is a much higher likelihood that
children will accompany their single parent Veteran into homelessness.
Our Nation's Veterans need a Secretary of Veterans Affairs who will be
able to address each of these issues while transforming, modernizing,
and cutting through the entrenched bureaucracies of the USDVA.
I am very familiar with GEN Shinseki's service to this country,
considering I served during his tenure as Army Chief. He is also a
combat-wounded disabled Veteran. Most importantly, his military service
gives us clear evidence that he will be the innovative, future-looking
Secretary of Veterans Affairs that our Nation's Veterans need as we
leave behind antiquated systems and embrace new technologies and
processes such as electronic medical records that can be shared between
DOD and USDVA. As Army Chief of Staff, Gen Shinseki showed his ability
to be aggressive and forward-thinking. He is responsible for the
Stryker Interim-Force Brigade Combat Teams that have been crucial in
combat actions in Iraq and Afghanistan. Additionally, his long-term
strategic programs included the Future Combat Systems (FCS) of which
various systems emerged, including the Unmanned Aerial Vehicles (UAVs)
deployed to Brigade and Battalion levels that protect and serve our
troops today in Operations Iraqi and Enduring Freedoms.
Members of the military, and I am sure the Nation, are by now aware
that GEN Shinseki is not afraid to stand up for what he believes is the
truth. He has testified difficult realities to the U.S. Congress before
and our Veterans trust in his ability to do the same in the future. In
2001, he successfully fought against reductions in troop strength in
the Army. In fact, General Shinseki has been in the Veterans Affairs
business throughout his long career as taking care of your Warriors is
one of the cornerstones of an effective military commander.
The treatment and care we give our Veterans is also an issue of
military readiness, something that every military commander
understands. It is vital to our Nation's missions that the Warrior on
the front line knows that should he be hurt or killed, he and his
family will receive every benefit promised to him by the United States.
We do not want the Soldier kicking down doors on a house-to-house
search for the enemy to hesitate because he is concerned that he or his
family will not receive the proper care should he be injured. In
combat, a moment of hesitation can literally be the difference between
life and death. When our Nation's mothers and fathers are approached by
their brave young son or daughter, looking to join the military, they
must know without a doubt that their child will be cared for, that this
Nation will not renege on its promise to our Veterans. President
Washington himself addressed this need when he said ``The willingness
with which our young people are likely to serve in any war, no matter
how justified, shall be directly proportional as to how they perceive
the Veterans of earlier wars were Treated and Appreciated by their
Nation.'' Simply put, giving Veterans the benefits that they have
rightfully earned is more than just a matter of the right thing to do,
although that alone should be enough.
Living up to our promises to Veterans is an important component of
the readiness of our military to carry out the mission we the people of
the United States assign it to complete. I believe that General
Shinseki has the skills and commitment to this country and its Veterans
we so desperately need in the USDVA. I believe we must jealously guard
our Warriors who are our Nation's greatest treasure. Together, by
serving those who have served, we can continue to make sure that our
Nation keeps its promise to our Veterans.
I thank this Committee and its Members for your effort to improve
the lives of those who have served. I urge you to support the
nomination of GEN Eric K. Shinseki to Secretary of Veterans Affairs.
______
Vietnam Veterans Post 10583,
Veterans of Foreign Wars
Waipahu, HI, January 12, 2008.
Hon. Daniel K. Akaka,
Chairman,
Committee on Veterans' Affairs,
U.S. Senate, Washington, DC.
Re: Support of Nomination for General Eric
Shinseki
Dear Mr. Chairman and Members of the Committee: The Vietnam
Veterans Post 10583 of the Veterans of Foreign Wars, Honolulu, HI,
strongly supports the nomination of General Eric Shinseki as the
Secretary of the Department of Veterans Affairs.
General Shinseki has earned the respect and admiration of veterans
by his demonstration of courage and ability as a soldier both on and
off the battle field. General Shinseki is well known to the veterans of
Hawaii. We feel General Shinseki is an excellent choice for the
Veterans Affairs Secretary.
It is very important that veterans accessing services from the VA
have confidence in the leadership, especially the Secretary. Being
active in veterans' affairs and having knowledge of the programs and
services our veterans receive, I am aware of some of the shortcomings
that still seem to prevail at the VA. While most of our veterans have
been very appreciative of your support and efforts in providing the
resources and funding necessary for the delivery of these services,
there is always room for improvement.
We feel General Eric Shinseki is the right person at the right time
who will be able to achieve the level of support necessary to continue
and improve VA services. We feel with you as Chair of the Veterans
Affairs' Committee and General Shinseki as Deptartment of Veterans
Affairs' Secretary, will provide for the best opportunity for the
welfare of our veterans.
The veterans of Hawaii stand in solidarity with all of our Nation's
veterans, as there are two of our own veterans serving in the highest
levels of veterans affairs. This gives us a special sense of pride and
confidence that our needs are understood at the highest level.
Therefore, we highly recommend the confirmation of General Eric
Shinseki as Secretary of the Department of Veterans Affairs.
Respectfully Submitted,
Rene Berthiaume,
Post Commander.
______
Prepared Statement of Edward M. Kawamura, A Disabled American Veteran,
Member of Kauai Chapter No. 5, Disabled American Veterans, Lihue, HI
introduction
Honorable Senator Daniel K. Akaka, Chairman, and honorable Members
of this distinguished Committee, Thank you for this opportunity to
discuss the nomination of General Eric Shinseki to be Secretary of
Veterans Affairs.
I, Edward M. Kawamura, a retired U.S. Army Veteran of the Vietnam
War, Disabled American Veteran, of the Department of Hawaii, and a
member of Kauai Chapter No. 5, humbly address your august body, to
consider favorably, this nomination.
historical overview
General Eric K. Shinseki, was born and raised on Kauai, Hawaii,
from humble beginnings and was inspired in his teens by his uncle, who
was a veteran of the distinguished 100th Infantry Battalion and the
veterans of the 442nd Infantry Regimental Combat Team of World War II,
who were invited to his parent's home and who talked about their
experiences on the battlefield of Italy and France. Inspired by these
veterans he applied and was appointed as a cadet at West Point. After
graduation from West Point he went on to complete a distinguished 42
year career in the Army, from cadet to a 4-star General and Chief of
Staff of the United States Army.
General Shinseki has an outstanding combat record. He served as a
commander in the Vietnam conflict and was wounded twice in combat. He
was severely wounded the second time and lost part of his foot, which
ordinarily would have resulted in automatic retirement from the
service. But General Shinseki was determined to continue his Army
career and with prosthetics, which he wears to this day, and with
determination, rehabilitation and exercise, he proved to his superiors
that he was in physical and mental condition and he could perform as
good as any soldier in the U.S. Army.
From Vietnam he had commands in the United States, in Europe and
Bosnia-Herzegovina. He was leading the U.S. Army in the initial
incursions in Afghanistan and Iraq. He was later appointed as the Army
Chief of Staff and during his tenure; he was instrumental in the
transformation and modernization of the United States Army.
conclusion
General Shinseki has shown that he is a true patriot who has
experienced the stress and strains of warfare and understands the needs
of the veterans of our Armed Forces.
We, the Disabled American Veterans, Kauai Chapter 5, support the
nomination of General Eric K. Shinseki and humbly request your support
for his confirmation as Secretary of Veterans Affairs.
Respectfully yours,
Edward M. Kawamura,
Veteran Helping Veterans.
______
Prepared Statement of Robert Nakamoto, President, Japanese American
Veterans Association
______
Prepared Statement of Nelson N. Angapak, Sr., U.S. Army Veteran
______
Letter Introducing the Memorandum of Understanding
Memorandum of Understanding Between the VA/VHA and HHS/IHS
THE NOMINATION OF W. SCOTT GOULD TO BE DEPUTY SECRETARY OF VETERANS
AFFAIRS AND THE NOMINATION OF L. TAMMY DUCKWORTH TO BE AN ASSISTANT
SECRETARY OF VETERANS AFFAIRS FOR PUBLIC AND INTERGOVERNMENTAL AFFAIRS
----------
WEDNESDAY, APRIL 1, 2009
U.S. Senate,
Committee on Veterans' Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 9:34 a.m., in
room 418, Russell Senate Office Building, Hon. Daniel K. Akaka,
Chairman of the Committee, presiding.
Present: Senators Akaka, Rockefeller, Murray, Brown, Webb,
Tester, Begich, Burris, Burr, Specter, Isakson, Wicker, Johanns
and Graham.
OPENING STATEMENT OF HON. DANIEL K. AKAKA, CHAIRMAN,
U.S. SENATOR FROM HAWAII
Chairman Akaka. The United States Committee on Veterans'
Affairs will come to order.
Welcome and aloha to all of you.
This morning's hearing is to consider the President's
nomination of W. Scott Gould to be Deputy Secretary of Veterans
Affairs. Following Mr. Gould's testimony and questions from the
Committee, we will then turn to Tammy Duckworth's nomination
for the position of Assistant Secretary of Public and
Intergovernmental Affairs.
I am delighted that we are finally moving forward on
additional nominees for VA. It is critical that VA's leadership
team be put in place as quickly as possible. Secretary Shinseki
has been the lone representative of the Administration at VA
for over 2 months. I am hopeful that this Committee and then
the full Senate will move quickly to consider Mr. Gould for
Deputy Secretary.
Senator Reed will give more details on Mr. Gould's work and
military experience. For my part, I note that he has expertise
in information technology, acquisitions, budget, human
resources and the management of large organizations. I have
received every indication that his combined service in the
public sector, private sector and military are well regarded
and will support his work at VA.
Last week, I asked Mr. Gould why he would say yes to such a
difficult job, especially during this difficult time. Without
hesitation, he answered that he welcomed the opportunity to
work for veterans. He also expressed a deep willingness to give
VA's 280,000 plus employees the tools they need to do their
jobs.
The Deputy Secretary has traditionally been VA's Chief
Operating Officer, and Mr. Gould has advised the Committee
that, along with Secretary Shinseki, he will strive to create
an organization focused on giving veterans results.
Mr. Gould, I tell you the same thing I told Secretary
Shinseki during his confirmation hearing. Assuming your
confirmation as the next Deputy Secretary of Veterans Affairs,
you will face tremendous challenges. In my view, leading VA is
one of the most challenging jobs in or out of government, and
that is especially true in a time of war.
I look forward to your testimony today and your responses
to questions from the Committee Members and to any post-hearing
questions. It is vitally important that the position of Deputy
Secretary of Veterans Affairs be filled as soon as possible.
Before I move on, I note that Mr. Gould is accompanied by
his family and friends as well. We are especially glad to have
your wife here since she is scheduled to testify before the
Senate Armed Services Committee at this very moment.
Mr. Gould, please introduce your family members to the
Committee.
Mr. Gould. I would be delighted to do that, and I thank
Michele for making the effort to be here this morning. We try
to share events like this together, and, as you just noted, she
is due to testify before the SASC this morning.
Sweetheart, I am glad you are here.
Seated to my left are my children: Alec; youngest son,
Aidan; and Victoria. Between Victoria and Aidan is Mireya
Vargas, our nanny, with whom our professional lives would not
be possible.
And, finally, directly behind me, my mom and cherished
grandmother who, at age 80, has made the effort to be here
today with us. Welcome.
Chairman Akaka. Well, Secretary Flournoy, you are, of
course, excused to attend your pressing commitment, but thank
you so much for coming this morning to this Committee hearing.
Ms. Flournoy. Thank you, sir.
Mr. Gould. Thank you, Senator.
Chairman Akaka. I would like to recognize the Senior
Senator from Rhode Island who is joining us this morning to
introduce the nominee to the Committee.
Senator Reed, aloha and welcome to the Committee.
Senator Reed. Thank you, Mr. Chairman.
Chairman Akaka. It is always good to have you and this
morning, particularly. I would like to ask you to give the
introduction of Mr. Gould.
STATEMENT OF HON. JACK REED, A UNITED STATES SENATOR FROM THE
STATE OF RHODE ISLAND
Senator Reed. Chairman Akaka, Senator Tester, it is a great
privilege for me to be here today to introduce Scott Gould to
this Committee as President Obama's nominee for Deputy
Secretary of the Veterans Administration.
I have known Scott and his wife, Michele, and his family
now for many years. We have grown, I think, to appreciate the
great service that both Michele and Scott are going to render
to the United States. I certainly do.
I am glad his mother is here. She continues the proud
tradition. His dad was a school teacher and a stock broker
around the Boston area and was a naval officer.
Scott followed in that very proud naval tradition. He won
an ROTC scholarship to Cornell University, served as an Active
or Reserve Naval Officer for 26 years. His first assignment was
aboard the Destroyer, U.S.S. Richard E. Byrd. He was a Surface
Warfare Officer.
He continued to serve and was mobilized in 2001, in fact,
for operations in Afghanistan. So he brings to the task of
being the Deputy Secretary of Veterans Affairs, I think, a
major qualification: He is a veteran and an extensive veteran--
unusual for a Navy guy. He got his jump wings at Ft. Benning,
GA. So it shows more enthusiasm than intelligence, but anyway.
[Laughter.]
I say that as a senior parachutist.
Scott has worked in private industry. Currently, he is
working at IBM in their Global Leadership Initiative. He has
extensive experience in industry, in management, but he has a
particular wealth of experience when it comes to public
management, which is going to be the focus of his activities.
He was the Director of Operations for the city of Chelsea
outside of Boston, which was bankrupt; and he and his
colleagues--a three-person team--really put that city back on
its feet, curing a 25 percent structural deficit, and getting
it functioning again.
He was a Deputy Assistant Secretary for Finance and
Management at the Department of the Treasury. He has also
served as the Chief Financial Officer at the Commerce
Department. In all of these activities, he has been recognized,
having been awarded the Department of Commerce and Department
of Treasury Gold Medals for Distinguished Public Service.
He is superbly prepared for the daunting task you outlined,
Mr. Chairman. Part of his preparation is the fact that he has
this strong, devoted and loving family: his mother, his wife--
Secretary Flournoy, who I will join in a moment at Armed
Services--and his children, Alec, Victoria and Aidan. So, I
want to commend and thank them all and thank Scott particularly
for a willingness to serve the Nation once again.
Thank you, Scott.
Mr. Gould. Thank you very much.
Chairman Akaka. Thank you very much, Senator Reed.
Now let me call on Senator Tester for any opening remarks
he may have.
STATEMENT OF HON. JON TESTER,
U.S. SENATOR FROM MONTANA
Senator Tester. Thank you, Chairman Akaka. I will make mine
very short.
First of all, thank you, Dr. Gould. Thank you for your
service and for the service you are about to move forward into.
I want to welcome your wife and your mother and, more
importantly, your children.
If I have my way about it, kids, your dad is going to be
doing a very, very important job for the veterans of this
country.
You know we met with General Shinseki several times. He is
putting together a top-flight team, yourself included in that.
I think that your experiences in life bring some important
qualities to this job that are necessary.
Your challenge is to move this Agency forward and to ensure
that our veterans receive first-rate health care, that claims
are cleaned up and expedited, and that we utilize the latest
technology, staffing and resources to manage our
servicemembers--what we have promised.
We are partners in this--you, me, the Administration, this
Committee on both sides of the aisle and the Chairman. I hope
that you know that we will be supporting you in your efforts to
make this Agency all it can be to support the veterans that
served this country so very, very well.
So, with that, Mr. Chairman, I just want to welcome Dr.
Gould, and I look forward to your confirmation. I look forward
more so to the work you do once you are confirmed.
Mr. Gould. Thank you, Senator.
Chairman Akaka. Thank you very much, Senator Tester.
Mr. Gould, I will pronounce the oath here and ask you to
now stand and raise your right hand.
Do you solemnly swear or affirm that the testimony you are
about to give the Senate Committee on Veterans' Affairs, as
well as any answers to any pre- or post-hearing questions, will
be the truth, the whole truth and nothing but the truth, so
help you God?
Mr. Gould. Yes.
Chairman Akaka. Let the record note that the witness
answered in the affirmative.
Mr. Gould, please proceed with your statement.
STATEMENT OF W. SCOTT GOULD, DEPUTY SECRETARY-DESIGNATE OF THE
DEPARTMENT OF VETERANS AFFAIRS
Mr. Gould. Thank you, Senator, Mr. Chairman.
I would also like to thank Senator Reed for his kind
remarks and, obviously, for the example that he brings to us as
a tireless advocate for veterans.
Chairman Akaka, in his absence, Senator Burr, distinguished
Members of the Committee--and Senator Tester--on Veterans
Affairs, thank you for scheduling this hearing so
expeditiously. I am honored to be before you today, seeking
your endorsement to become the Deputy Secretary of VA.
During the past several weeks, I have had the opportunity
to benefit from the Committee's advice and guidance about how
to better serve our veterans and accomplish the mission of the
Department. Your support for strong leadership, open
communication and positive results for veterans came across in
a bipartisan
manner.
With your permission, I would like to submit full testimony
for the record that is well aligned with that guidance and,
instead, make a few brief remarks before taking your questions.
Chairman Akaka. Your full statement will be in the record.
Mr. Gould. Thank you, Mr. Chairman.
I am deeply honored by President Obama's nomination to
serve as Deputy Secretary at VA, and I deeply appreciate the
confidence that President Obama and Secretary Shinseki have in
me to help transform the VA into a 21st Century organization. I
am acutely aware that transformation is a challenging task,
particularly in an organization as large, as complex, and as
steeped in tradition as Veterans Affairs.
We faced similar modernization challenges when I was at
Treasury and at Commerce in the 1990s. We have dealt with the
challenges of transformation and innovation in the private
sector at IBM--challenges still ongoing today because, in
truth, transformation of large organizations is hard work
rarely ever complete. It is an ongoing effort to serve, to
improve, and to meet the needs of clients.
My previous experiences, however, give me great confidence
that the goal of transformation can be achieved by VA employees
with strong leadership, teamwork, and especially the continued
help of this Committee.
I feel especially privileged to be considered for this role
not only as a veteran of 26 years of Active and Reserve service
but for three very personal reasons:
I earned my master's and doctoral degrees with the help of
VA benefits. It is my view that educational programs like the
new GI Bill can change lives. It changed mine.
I was mobilized to support the war in Afghanistan on short
notice. It was my experience that rapid transition from Active
to Veteran status is challenging for families. We need to take
care of our military families.
And, most importantly, I have experienced what it is like
to have my father, a Navy veteran of World War II and Korea,
spend the last 11 years of his life as a patient in a VA
hospital. This last experience is central to my motivation for
serving at the VA.
I would like our veterans to know that my family
understands the challenge of dealing with an imposing
bureaucracy and wanting the very best for your loved one.
Nothing less will do.
I want VA employees to know that I appreciate that much of
patient care is given not by doctors but by nurses and nurse
assistants who do the bathing and the feeding, who clean the
rooms, who offer a kind word. They did a great job caring for
my dad and, in so doing, they cared for his family as well.
And, finally, I want to say what we rarely say as veterans,
that all through our lives there is a connection with the
country, its history and our expectations of each other that
comes from military service. My father expressed it just before
Alzheimer's took his ability to speak altogether. Long after he
had forgotten many things, he remembered a few very important
things: my mother's face, fragments of prayers and the belief
that somehow the Navy would come to save him.
I believe that the VA carries this elemental trust between
veterans and the country on behalf of all of us to their last
day.
If confirmed, I will join a leader in Secretary Shinseki
who feels the same way. If confirmed, I will work to refine and
implement a basic strategy: to create a people-centric,
results-oriented, forward-looking organization. As the
Secretary has already said before this Committee, the VA will
make veterans the centerpiece of the Organization, invest in
our civil service to help them serve veterans, continuously
improve the timeliness and quality of services and support to
our veterans and embed transformational initiatives as part of
the culture as the VA cares for veterans, like my father,
present and future.
If confirmed as Deputy Secretary, I will help lead the VA
as Chief Operating Officer to accomplish this vision in three
ways: first, by synchronizing implementation of the strategy;
second, by transforming the management infrastructure that will
enable modernization; and, third, by overseeing the main
operating units of VA.
This will require leadership, good communication,
investment in our civil service and teamwork among the VA's
many internal and external stakeholders. It will also require
attention to a range of important near-term initiatives. These
include successfully implementing the new GI Bill, streamlining
the disability claims process that Senator Tester just
mentioned, ensuring adequate resources and access points to
meet the health care needs of all enrolled veterans and, as you
mentioned, Mr. Chairman, leveraging the power of information
technology to accelerate and modernize the delivery of benefits
and services. And, it will require accountability for our
actions to the public and to veterans.
In conclusion, if this Committee chooses to confirm me, I
will join a team that shares a strong desire to serve veterans,
a team committed to transform the Department into a 21st
Century organization, focused on the Nation's veterans as its
clients.
I thank this Committee for its long history of unwavering
bipartisan commitment to veterans. If confirmed, I look forward
to working closely with you to fulfill that commitment.
Mr. Chairman, I am ready to respond to any questions this
Committee may have.
[The prepared statement of Mr. Gould follows:]
Prepared Statement of W. Scott Gould,
Deputy Secretary-designate of Veterans Affairs
Chairman Akaka, Senator Burr, Distinguished Members of the
Committee on Veterans Affairs: Thank you for scheduling this hearing so
expeditiously. I am honored to be before you today seeking your
endorsement to become the Deputy Secretary of VA.
During the past several weeks, I have had the opportunity to
benefit from the Committee's advice and guidance about how to better
serve our Veterans and accomplish the mission of the Department. Your
support for strong leadership, open communication and positive results
for veterans came across in a bipartisan manner.
I am honored by President Obama's nomination to serve as the Deputy
Secretary of the Department of Veterans Affairs. And I deeply
appreciate the confidence that President Obama and Secretary Shinseki
have in me to help accomplish their vision of transforming the VA into
a 21st century organization.
I am acutely aware that transformation is a challenging task--
particularly in an organization as large, complex and steeped in
tradition as is Veterans Affairs. We faced similar challenges when I
was at Treasury with Internal Revenue Service modernization and at
Commerce with National Weather Service modernization efforts in the
1990s. We have dealt with the challenges of transformation and
innovation in the private sector at IBM--challenges still ongoing
today, because, in truth, transformation of large organizations is hard
work rarely ever complete. It is an ongoing effort to serve, to improve
and to meet the needs of clients. My previous experiences, however,
give me confidence that the goal of transformation can be achieved by
VA employees with strong leadership, teamwork and especially the
continued help and support of this Committee.
If confirmed, I will join Secretary Shinseki in the Department's
efforts to refine and implement a basic strategy: to create a people
centric, results oriented, forward looking organization. As the
Secretary has already articulated before this Committee, VA will:
make Veterans the centerpiece of our organization;
invest in our civil service to help them better serve
veterans;
continuously improve the timeliness and quality of
services and support provided to Veterans; and
imbed transformational initiatives as part of our culture
as we care for Veterans, like my father, present and future.
If confirmed as Deputy Secretary, I will help lead the VA to
accomplish this vision in three ways. First, by synchronizing the
people, process and technology necessary to implement the strategy.
Second, by transforming the personnel, budget, acquisition and IT
systems that will enable modernization. And third, by overseeing the
planning, execution and results of modernization by the main operating
units including VHA, VBA and NCA. This will require leadership, good
communication, investment in our civil service and team work among the
VA's many internal and external stakeholders--including the VSOs. It
will also require attention to a range of important near-term
initiatives. These include:
Successfully implementing the New GI Bill (Post-9/11
Veterans' Educational Assistance Act).
Streamlining the disability claims system--increasing the
quality, timeliness and consistency of claims processing, and updating
the Disability Rating Schedule, while maintaining Veterans' rights.
Ensuring adequate resources and access points to meet the
health care needs of all enrolled Veterans, as well as those OEF/OIF
Veterans and Priority Group 8 Veterans, who will be joining the system.
Leveraging the power of Information Technology to
accelerate and modernize the delivery of benefits and services.
And it will require accountability for our actions to the public.
In conclusion, if this Committee chooses to confirm me, I will join
a team that shares a strong desire to serve veterans and is committed
to transform the Department into a 21st century organization focused on
the Nation's Veterans as its clients. I thank this Committee for its
long history of unwavering, bipartisan commitment to Veterans. If
confirmed, I look forward to working closely with you to fulfill that
commitment.
______
Response to Pre-Hearing Questions Submitted by Hon. Daniel K. Akaka to
W. Scott Gould, Nominee to be Deputy Secretary of Veterans Affairs
Question 1. Have you discussed with Secretary Shinseki the duties
he would like you to perform, or the role he would like you to assume,
as Deputy Secretary if you are confirmed?
Response. Yes. Secretary Shinseki and I both believe that the
Deputy Secretary should serve as the Department's Chief Operating
Officer, managing day-to-day activities and overseeing the Department's
business systems, which are key to transforming VA into a 21st century
organization.
Question 2. Will you have a policymaking role at VA independent
from the Secretary?
Response. No, except when the Secretary has specifically tasked me
to take the lead on a particular issue. My role would be to support the
Secretary's policymaking as his partner in the Office of the Secretary.
I would owe him my honest opinion based on my own best understanding of
the issues, but the authority to make policy resides with him. Once a
decision has been made, my job would be to see that it is clearly and
consistently communicated to all stakeholders and implemented
throughout VA.
Question 3. Will you be VA's Chief Operating Officer? If so, please
describe in detail what you understand the position of COO to be, both
generally and with specificity as to VA.
Response. Yes. I would be responsible to the Secretary for (1)
synchronizing the people, process, and technology necessary to
implement the strategy; (2) transforming the personnel, budget,
acquisition, and IT systems that will enable the modernization; and (3)
overseeing the planning, execution, and results of modernization by the
operating units including VHA, VBA, and NCA. I would be a principal
partner of the Secretary in defining the vision, determining the
strategy, and communicating the vision, the strategy, and the policy to
stakeholders. I would report to the Secretary on the results of our
efforts.
Question 4. Apart from what you and the Secretary have discussed
with respect to your duties, have you formulated any thoughts on what
your specific responsibilities will be as Deputy and how you will
approach them? What is your motivation to seek this position?
Response. My motivation for seeking this position is my desire to
help the Nation fulfill its commitment to Veterans. I spent 26 years as
a Naval Reserve officer, including service in support of the war in
Afghanistan. In addition, VA helped pay for my MBA and Ed.D. My father
served in World War II and Korea, went to college on the G.I. Bill, and
spent his last 11 years in a VA hospital. I believe in the value of
public service and have served before in the Federal Government. In the
1990s, I helped modernize the Internal Revenue Service while at the
Department of the Treasury and the National Weather Service while at
the Department of Commerce. I have dealt with similar transformational
challenges in the private sector at IBM. I also recently co-authored a
book on the need to strengthen the civil service. As Deputy Secretary,
my chief responsibility would be to make transformation happen at VA,
so as to fulfill the President's vision of VA as a 21st century
organization.
Question 5. What do you see as the biggest challenges facing VA at
this time--as to the Department as a whole, and specifically in VBA,
VHA, and NCA?
Response. Transformation is a challenging task for any
organization, requiring changes in culture, systems, and training that
can only come about through strong leadership, commitment, and
investment. VA's biggest challenges are successfully implementing the
Post-9/11 GI Bill; streamlining and updating the disability claims
system; applying Information Technology in cost-effective ways to
improve the delivery of benefits and services; and maintaining the same
level of high-quality care to Veterans currently in the system while
extending care to Priority Group 8 Veterans and reaching out to the
Veterans of Iraq and Afghanistan. To meet these challenges, VA will
need to modernize its use of people, process, and technology, with
Veterans first in mind.
Question 6. What will be your top three priorities after assuming
the role of VA Deputy Secretary?
Response. My first need as Deputy Secretary would be to learn more
about the Department. My top three personal priorities would therefore
be (1) ensuring that the 2010 budget includes adequate funding for
Veterans' needs, (2) getting out to the field to learn from VA
employees and Veterans themselves about the quality of front-line
operations, and (3) reaching out to VA people--labor, front-line
employees, mid- and senior-level managers--to assess and build an
effective team.
Question 7. What specific experiences from your prior professional
positions do you believe have prepared you to manage VA?
Response. My military career and family background instilled in me
a spirit of service and personal experience of VA benefits and
services. My government career focused on public-sector management in
the areas of strategy, budget, financial management, acquisition, and
personnel. My corporate career has served public-sector clients in the
areas of strategy and change, organizational performance, large-scale
IT system implementation, and human capital. I have served as both a
COO and CEO of private firms and as a CFO of a major Federal agency,
the Department of Commerce. I have also served on the Board of
Overseers for the Malcolm Baldrige National Quality Award. In summary,
most of my professional career has been spent working on the business
end of government. These are the areas where VA needs to modernize to
effect the transformation envisioned by President Obama and Secretary
Shinseki.
Question 8. What was your experience with respect to VA prior to
the election of President Obama, and what have been your efforts to
learn more about VA since the election?
Response. Besides being a Veteran and VA beneficiary, I served on
three of the Obama campaign's agency teams (VA, OPM, and DHS) and
provided briefing memos on these agencies to then-Senator Obama. I also
co-chaired the campaign's National Veterans Policy Committee. After the
election, I co-chaired the Veterans Agency Review Team for the
Presidential Transition Team. As co-chair, I conducted a number of
interviews with political and career VA personnel and wrote strategy
memos for the President-elect. I also helped prepare Gen. Shinseki for
his confirmation hearings. Since the inauguration and intent to
nominate, my involvement with VA has been minimal. I have continued
with my responsibilities as an executive at IBM while awaiting vetting
and the results of the confirmation process.
Question 9. What were the key areas that you addressed in your
report to the President-elect as a result of your work as the co-chair
of the VA Agency Review Team?
Response. The VA Agency Review Team apprised the President-elect of
key areas to assist him in his early days in office. They include: (1)
an overview of VA; (2) a list of high-priority issues to modernize and
build a 21st century organization, provide Veterans with better
services, and provide resources to match demand for services; and (3)
an analysis of management, personnel, organizational, and interagency
issues.
Question 10. If confirmed, what efforts will you undertake to make
certain that VA is aware of, and responsive to, the needs of the
Veterans' community? Do you plan to meet regularly with Veterans'
organizations?
Response. Yes, I intend to meet with them regularly. They are
important advocates for Veterans, and I value their advice and support.
Outreach to Veterans, Veterans Service Organizations, and the full
range of VA stakeholders is essential to creating a people-centric,
results-oriented, forward-looking VA. Insight into what we must do
together and the extent of our success will be known largely by the
response of Veterans to VA's care and services. Outreach would not be
my principal duty, but I would expect to represent the Secretary on
occasion as a member of the VA leadership team, and I would be
responsible for overseeing effective outreach by the relevant VA
offices.
Question 11. How would you, as Deputy Secretary, work with the
Office of Inspector General? The Office of the General Counsel?
Response. I would view the Inspector General and General Counsel as
welcome partners in the process of identifying and mitigating risk to
improve VA performance. I would meet with each immediately upon my
arrival and regularly thereafter. I would respect the IG's impartiality
and value the General Counsel's advice. With Secretary Shinseki, I
would ensure that the Department upholds the high legal and ethical
standards set by the President.
Question 12. Are you more of a hands-on manager or do you tend to
rely on significant delegation? Do you seek to achieve consensus with
those on your management team before making a decision or do you
generally gather relevant information and input, and then make a
decision?
Response. I regularly adjust my approach to meet the needs of the
organization and its mission. My preference is to collaborate with a
team to define the problem, organize the solution, delegate
implementation, and follow-up using measurable results and personal
inspection. I value consensus as a way to arrive at the best answers
and to solicit buy-in by stakeholders, and I believe that top-down
bureaucracy is one aspect of the public sector that can keep it from
achieving its potential. At the same time, I recognize the
responsibility placed on senior leadership for ensuring that the
mission is accomplished, and I would make serving Veterans through
transformation my governing concern. The single focus for
transformational change should be the Veteran--providing those of every
generation who have done their duty the benefits and services they have
earned and we have promised.
Question 13. VA has long had the reputation of being a stovepipe
organization. Please describe how you intend to work with the three
Under Secretaries and with the various Assistant Secretaries to ensure
that all components of the Administration and organizations are working
together to achieve a ``One VA'' focus.
Response. Stovepipe organizations aren't around for long in the
private sector. They are irritating and costly to clients, and so their
clients go elsewhere. VA's clients can't go elsewhere and shouldn't
have to put up with the extra cost and frustration of a stovepipe
system. The remedy is an integrated approach by the organization that
puts serving the client first and organizes delivery systems around the
principle of creating a high-quality client service experience. This
can be achieved by organizing people and tasks in support of a new
design and disciplining key managers to break down stovepipes,
coordinate activities among operating units, and modernize. VA could
benefit from elements of this approach. Leadership, new processes, and
training will be required to do it. A cultural change at VA will be
required to develop and deliver integrated services to Veterans.
Question 14. If confirmed, do you expect to bring any new staff
from outside VA to work with you in the Deputy Secretary's office? If
yes, how many new staff do you anticipate bringing on?
Response. The Office of the Secretary operates as one team, with
the Secretary and Deputy Secretary sharing many of the same staff. Not
being a part of the team yet, I can't say now what additional staff I
might need, but any need that might occur would be identified and
validated with the concurrence of the Secretary and the Chief of Staff.
Question 15. What is your view on the role of outside consultants
in the management of VA? Do you anticipate relying on direct consultant
services if you are confirmed?
Response. At present, I don't know enough about VA's consulting
relationships to have an opinion as to what is needed. But my
experience in the public and private sectors tells me that I would
first need to connect with the career team before leveraging outside
consultants as needed. Outside consultants can sometimes help in
bringing fresh eyes and extra hands to a problem, but managers must
always keep inherently governmental responsibilities and cost-
effectiveness in mind when considering consultant services.
Question 16. Do you anticipate having a role in selecting other
political appointees to VA? What are your views on the key
qualifications for such individuals?
Response. Yes, I would have a role in selecting political
appointees. My chief considerations in selecting political appointees
would be leadership, competence, and passion to serve Veterans. VA
needs the best, the brightest, and the most motivated leaders to work
with the career team and tackle the challenge of transformation.
Question 17. While VA did receive its appropriations for FY 2009
prior to the start of the fiscal year, in 19 of 22 years prior to that,
VA began the fiscal year without a budget. With that in mind, do you
support appropriating funds for two years rather than annually?
Response. I am aware of the interest in advanced appropriations as
a way to mitigate management difficulties that result from continuing
resolutions. My preference would be for timely enactment of annual
appropriations for all VA accounts. I am committed to working with
Congress to ensure that timely delivery of quality care and other
services is not interrupted.
Question 18. In light of the highly publicized problems with
specific VA health care issues over recent months and years, how would
you communicate to returning Veterans that, despite these issues, VA as
a health care system is still among the best in the world?
Response. It is important for our Veterans to know about the
quality of health care available to them. Objective measures by
independent bodies such as the Institutes of Medicine and the National
Committee for Quality Assurance rate VA health care equal to or better
than care provided by the best private health care systems. The New
England Journal of Medicine lauds overall VA health care when compared
to Medicare, and the Annals of Internal Medicine rates VA care for
diabetes better than commercial managed-care systems in seven out of
seven quality measures. Veterans themselves say they are satisfied with
VA medical care at rates higher than their non-veteran counterparts
using private health care, according to the American Customer
Satisfaction Index (ACSI).
In my view, the best advocate and most effective communications
medium is a satisfied Veteran. Working with the Department of Defense,
VA has many opportunities to create satisfied Veterans among the
National Guardsmen and Reservists who are eligible for VA medical care
upon demobilization. VA is actively reaching out to these returning
Veterans, enrolling them in VA medical care, and making special efforts
to meet the unique needs of their recent combat service. The goal
should be to return these Veterans to their communities and to their
units as satisfied clients who can attest to the quality of VA medical
care. This is one facet of Secretary Shinseki's approach to creating a
client-relationship management system and culture at VA focused on
veterans.
Question 19. There is widespread agreement that there must be real
progress in improving the timeliness and quality of VA's claims
adjudication process. What changes would you recommend? How would you
propose to measure success in this effort?
Response. VA faces real challenges in processing disability claims
fairly and compassionately. Disability claims processing has been
studied many times inside and outside VA. All of the studies with which
I am familiar assert that change is necessary, but not enough change
has occurred. I would want to know why this is the case and would work
with the Under Secretary for Benefits to overcome the barriers to
improvement in disability claim processing. The real standard of
success is that each Veteran is satisfied that the process used to
adjudicate his or her claim is transparent, responsive, fair, accurate
and timely.
Question 20. Despite many efforts, there appear to be continued
challenges in communicating effectively with returning OEF/OIF Veterans
on the availability of VA services and benefits. What do you believe VA
can do to help ensure that transition from active duty is as seamless
as possible and that returning servicemembers know about what VA has to
offer them?
Response. Fundamentally, these communications challenges are a
leadership issue. I am convinced that VA needs a more effective
approach to client relationship management and would work to integrate
related strategies, policies, and processes to create such an approach.
Building a client relationship with Veterans needs to start when young
Americans join the Armed Forces and continue throughout their military
careers. Education and training on VA, from both their military leaders
and VA experts, using methods we can test and improve, will increase
awareness of VA benefits and services among all servicemembers. It will
also ensure they know where to go when they need these services as
Veterans.
An example of building this client relationship is the initiative
by Secretary Shinseki and Secretary Gates to develop a ``uniform
registration'' plan to automatically enroll all military personnel into
VA upon entry into the Armed Forces. This is an initiative I hope to
implement should I be confirmed.
Question 21. One of the biggest challenges that the VA is facing is
the implementation of the Post-9/11 GI Bill, which was signed into law
on June 30, 2008. The full effective date of the new program of
education assistance is August 1 2009, which means that now VA has less
than five months to prepare for massive changes. What role will you
play as VA prepares for implementation of the program?
Response. I am aware of the challenge to meet the deadline set by
the Post-9/11 GI Bill, and I would want to take a close look at our
implementation plan and progress to ensure that VA is on the right
track for timely completion. Should I be confirmed, the compressed
timeline and scope of the program necessitates my active involvement. I
intend to fully support the Under Secretary for Benefits in his role as
the principal architect of this important benefits program. My
contribution to his efforts would be to anticipate problems from the
veteran's perspective, identify risks to meeting their needs,
systematically manage risk out, and explore complementary strategies in
a collaborative and transparent way.
Question 22. VA does not track decisions made on individual
disabilities for which a Veteran files a claim or claims. Data is
provided in the aggregate which makes it appear that many more
decisions are made to grant benefits than is actually the case when
individual claims files are reviewed. For example, a Veteran may file a
claim for 12 separate disabilities and be granted benefits on one at a
rate of 10 percent, with the other 11 denied. In aggregate reports,
this will appear as a grant of the claim, even though 90 percent of the
separate disabilities claimed were denied. Data is not readily
available at the grant and denial rate for the separate disabilities
contained in an overall claim. What actions could be taken to improve
VA's ability and support policy initiatives to improve accuracy?
Response. I believe this is a clear case where a small and
seemingly subtle difference in what we measure and how we measure it
can significantly change our Veterans' perceptions of the fairness and
transparency of VA processes. As you know, VA uses many objective
measures to monitor the disability claims process, to include accuracy
rate, average days to process, and average days pending. In my view,
the value of any of these measures is two-fold: first, how do they
advance VA's ability to serve Veterans more effectively by creating
better outcomes for them; and, second, how do they advance Veterans'
satisfaction with the transparency, responsiveness, and timeliness of
VA processes. Both of these are keys to VA's client-relationship
management challenge.
Question 23. Information from VA's Rating Board Automation (RBA)
2000 provides specific information that the Committee has been able to
use effectively in conducting oversight visits to VA regional offices.
However, it appears that VA does not routinely compile data on the
separate issues decided in a given claim. How can RBA 2000 be modified,
or another system created, that would provide such information on
separate issues?
Response. In the private sector, when management information tools
do not meet the needs of executive decisionmakers, they are modified to
provide the desired information cost effectively. Typically, this would
begin with an assessment of the information required, the cost to
collect it, and its value in use. Then the business process used to
collect the information would be modified and agreed to by the
participants. As a last step, a software application would be modified
or created.
I understand that RBA 2000 is one of our current management
information tools used by VBA in the claims adjudication process.
Should it need to be modified, I would envision following such a
process to achieve the desired goals.
Question 24. VBA has produced an Annual Report that contains
helpful information to assist the Committee in evaluating various
legislative proposals. Unfortunately, these reports have been
considerably delayed in the last several years and the most current
versions contains FY 2006 data. The delay is reportedly due to the
difficulty of matching Veterans Service Network (VETSNET) data to the
Benefits Delivery Network (BDN) data that historically was used to
prepare the reports. What steps would you take to improve the accuracy
and timeliness of this report?
Response. Good data are important to congressional members, their
staff, and VA managers to help inform policy decisions. I infer from
this question that the Annual Report is particularly useful to
Congress. If confirmed, I would like to understand more fully the
technical problems with producing the VBA Annual Report and the
requirements to produce a timely and accurate report in order to
address this issue.
Question 25. VA's Deputy Secretary currently serves as the Co-
Chairman of the VA/DOD Joint Senior Oversight Committee along with the
Deputy Secretary of Defense. How would you view your role as Co-
chairman? What would be your priorities for improving the level of
collaboration and cooperation between VA and DOD?
Response. I know that Secretary Shinseki and Secretary Gates have
agreed to chair the first few meetings of the Senior Oversight
Committee, and I think the involvement of both Secretaries is an
auspicious beginning to results-oriented collaboration and cooperation
between VA and DOD in the present Administration. As Deputy Secretary I
would certainly follow Secretary Shinseki's lead in working closely
with DOD. Joint VA/DOD collaboration is key to solving the problems
that develop when active duty personnel transition to veteran status.
The SOC is well positioned to address these problems through
initiatives like uniform registration and single electronic health
records.
Question 26. Recently, it has been reported that there is a high
rate of suicide among active duty soldiers. What role do you believe
the VA/DOD Senior Oversight Committee could play in bringing VA's
expertise in suicide prevention to DOD?
Response. Nothing underscores the need for better outreach and
transitioning programs than suicide among Veterans and servicemembers
The Senior Oversight Committee (SOC) can provide an effective structure
for leveraging the expertise, capabilities, and resources in DOD and VA
to address this problem. The SOC provides a joint governance mechanism
that can focus the attention of senior leaders on suicide, access data
from both organizations, and coordinate efforts to identify at-risk
personnel to provide information and treatment.
Question 27. What is your view of the effectiveness of the
centralization of information technology programs and operations under
VA's Chief Information Officer? What would be your priorities for
improving the integration and use of information technology to improve
the delivery of VA benefits and services?
Response. This Committee acted wisely by centralizing IT services
at the VA. Like Secretary Shinseki, I am a strong supporter of
centralized IT services as a means to break down stovepipes within VA
and address obvious shortcomings in performance. My experience in the
private and public sectors indicates that the decision to centralize is
just the first step. IT policies, priorities, and resources require a
disciplined governance process, and sound program management is needed
as well. This is achieved through collaboration between the IT
organization and the line units they serve. It requires measurement of
services provided and accountability for results. It also requires
substantial investment in people in the form of training and
recruiting. A disciplined governance process provides a systematic way
to develop a common understanding of the problem. Centralization, when
combined with these steps, will improve mission performance and ensure
more cost-effective solutions.
Question 28. If confirmed, what would your role be as Deputy
Secretary in brokering differences in priority, policy, and resources
between VA's CIO and the Under Secretaries?
Response. My responsibilities as Deputy Secretary would include
overseeing the disciplined governance and program management of VA's
centralized IT process. But even the most vigorous application of the
steps mentioned in my answer to question 27 above can grind to a halt.
That is when a trusted point of appeal like the Deputy Secretary can
help reach openly a favorable compromise that meets the investment
criteria to which the parties have agreed. Centralized control of the
VA IT system is already a VA policy. The hard work of implementing the
policy has begun. The systems that will deliver substantial benefit to
VA in the future will require cooperation, collaboration, and teamwork
to make them work and accomplish the mission.
Question 29. Outsourcing was a priority of the previous
Administration. What is your view of outsourcing as it applies to VA?
Response. I do not know enough yet about outsourcing at VA to say
where we should and where we should not outsource. I can say that
inherently governmental services should be provided by government
agents, and that Federal employees should be able to compete on a level
playing field with contractors. Outsourcing can make sense in some
cases, especially where new skills, knowledge, and technology are
available to improve government performance. But we should not be
outsourcing for outsourcing's sake, and we need to invest in training
and skilling our Federal workforce to ensure that when government does
outsource, it has capable oversight and achieves desired results.
Question 30. President Obama has stated that one of his goals for
VA is to readmit Priority 8 Veterans. What is your opinion of this
proposal? If it should be pursued, how can it be done more efficiently?
Response. I strongly support readmitting Priority Group 8 Veterans
and commend Congress for its part in prompting this change. At the
President's direction, Secretary Shinseki has begun the process of
readmitting Priority 8 Veterans, which I would oversee if confirmed. I
believe the challenge now is to monitor VA health-care delivery to
ensure that VA continues to provide world-class health care to all
Veterans enrolled in the system even as we expand the rolls.
Question 31. President Obama has stated that prosthetics in a
priority area for his Administration. What do your believe VA might do
to improve the developments and delivery of prosthetic devices to
Veterans.
Response. Like President Obama and Secretary Shinseki, I understand
how important this service is for our Veterans. I believe this area
should be a ``strategic differentiator'' for VA and that VA should be
the ``Nation's best'' in this field. Achieving this goal requires that
we ensure quality, foster innovation, and invest in research, highly
qualified personnel, and cutting-edge prosthetic and sensory aid
equipment for our Veterans. If confirmed, I will work to learn more
about the details of the Prosthetics and Sensory Aids Service and the
requirements to keep VA at the forefront of quality, technology,
innovation, and service.
Question 32. Over one-third of Veterans live in a rural or highly
rural areas. How do you believe VA might expand the services available
to Veterans in these areas?
Response. VA has a responsibility to treat Veterans' injuries and
wounds regardless of where they live. It is my understanding that the
new VA Office of Rural Health will identify local initiatives for
pilots expected to lead to improved rural health care. In the meantime,
I would expect a continuing mix of care, the expanded use of telehealth
for treatment of mental health needs of Veterans, and the continuing
development of referral approaches and transportation where needed. If
confirmed, I will work to develop and maintain a dialog with Veterans
so that we understand their needs and expectations. Where possible, I
will focus VAs efforts to provide innovative solutions that mitigate
the challenges presented by remote and isolated locations.
Question 33. VA spent billions of dollars last year on contracted
or fee basis health care. How can VA ensure the quality of the health
care delivered in those settings?
Response. I fully support VA's obligation to meet the health care
needs of Veterans. I understand that, in some situations, the Veteran's
health care needs will be best served through contracted health care.
If confirmed, I will ensure that any such health care contract has the
proper legal review and includes the appropriate quality controls
approved by VA. In addition, getting the right data to determine when
fee-basis is the optimal solution and on the quality of the fee-basis
care provided will be essential to providing our Veterans with the
high-quality health care they deserve.
Question 34. On any given night, 154,000 Veterans are homeless. How
will you, if confirmed as Deputy Secretary, work with the Department of
Labor and other agencies to help address this problem, including by
finding work and housing for these Veterans?
Response. VA has a critical role in cooperation and coordination
with HUD and other Federal programs to address the needs of homeless
Veterans and to share expertise that is applicable to other homeless
issues. I want to learn more about my responsibilities and resources to
deal with this important problem and would look forward to meeting with
my counterparts at HUD, HHS, SBA, and DOD to discuss our shared
resources and responsibilities, as well as with other leaders of
private and non-profit organizations who work with issues of
homelessness.
Question 35. What is your view of VA's CARES process and VA Capital
Plan Overall? How will you involve senior Veterans Health
Administration leadership, Congress, Veterans service organizations,
affiliates, and other stakeholders in the remaining decisions related
to VA capital infrastructure?
Response. It is essential that we have common processes and
decision criteria to which we can all agree. There is more demand than
resources, and we must have effective processes and measures to
prioritize the expenditure of resources. I need to learn more about the
CARES process and the overall Capital Plan before forming an opinion,
but I would work closely with Secretary Shinseki, Senior VA leadership,
Congress, Veterans' Service Organizations, and other stakeholders,
including Veterans, to make informed decisions about our capital assets
and modify the CARES system if needed.
Question 36. In light of the national shortage of nurses and
doctors, what do you believe VA should be doing to ensure that
Department can recruit and retain high quality health care providers?
Response. I support the Secretary's charge to the Under Secretary
for Health for a detailed plan to address the issues of recruiting and
retaining high-quality health care providers. VA must acquire and
retain its fair share of talent. To do this, we must streamline the
hiring process, improve flexibility in hiring and retention programs,
and create incentives that drive retention and performance. We must
also improve the work environment through, for example, training for
our managers and cooperation in labor-management partnerships, so that
our valued employees look forward to coming to work.
Question 37. Do you agree to supply the Committee with such non-
privileged information, materials, and documents as may be requested by
the Committee in its oversight and legislative capacities for so long
as you serve in the position of Deputy Secretary?
Response. Yes. With Secretary Shinseki and his Chief of Staff, I
would work to make sure that any information requested by the Committee
would be provided in a timely manner. I can promise to be forthright
and direct with you in our joint efforts to put Veterans first.
Question 38. Do you agree to appear before the Committee at such
times and concerning such matters as the Committee might request for so
long as you serve in the position of Deputy Secretary?
Response. Yes. VA's chief concern is the Committee's chief
concern--taking care of Veterans. I would look upon the Committee as
VA's partner in that sacred trust, and I would be forthright and
forthcoming with any such request from the Committee.
______
Response to Pre-Hearing Questions Submitted by Hon. Richard Burr to
W. Scott Gould, Nominee to be Deputy Secretary of Veterans Affairs
Question 1. According to the questionnaire you submitted to the
Senate Committee on Veterans' Affairs, you have been serving as the
Vice President of Public Sector Strategy for IBM Global Business
Services since 2004.
A. In that capacity, what interactions, if any, have you had with
the Department of Veterans Affairs (VA)?
Response. None.
B. Do you anticipate that, if confirmed as Deputy Secretary, you
would have involvement in any decisions regarding IBM?
Response. I will not participate in any matters involving IBM for a
period of one year as required in my agency ethics agreement. In
addition, I will abide by the requirements in the Executive Order
entitled ``Ethics Commitments by executive branch Personnel,'' issued
by the President on January 21, 2009.
C. If so, do you see a conflict between your previous job and the
one you are being considered for (other than what the Office of
Government Ethics identified)?
Response. I see no conflict between my current role as an IBM
executive and my prospective role as Deputy Secretary of the VA.
Further, I am required to divest all of my IBM holdings under the terms
of my agency ethics agreement.
Question 2. In disclosure documents submitted to the Committee, you
noted that you are ``a non-managing member of Aegis Capital Corp, LLC,
a company established to make private equity investments that will
support the growth of homeland security-related enterprises in foreign
countries.''
A. Would you please clarify whether you intend to remain a non-
managing member of Aegis if confirmed as Deputy Secretary?
Response. I intend to remain a non-managing member--i.e., a passive
investor in Aegis Capital Corp, LLC.
B. If so, would you please explain what your role would be in that
firm?
Response. I have no management or fiduciary responsibilities. This
is not considered an outside position for the purposes of the financial
disclosure report.
Question 3. In your disclosure documents, you noted that, if
confirmed, you ``will retain, in name only, [your] position as a fellow
in the National Academy of Public Administration'' and that you ``will
not participate personally and substantially in any particular matter
involving specific parties in which the Academy is a party or
represents a party,'' unless you are first authorized to do so.
Would you please clarify what types of matters you would not
participate in? For example, do you anticipate that you would be
involved in implementing recommendations from the National Academy of
Public Administration's recent report, entitled ``After Yellow Ribbons:
Providing Veteran-Centered Services''?
Response. I will not be involved in any contract or other specific
party matters involving NAPA. I have been briefed on the results of the
NAPA report, which contained a number of insightful recommendations. It
is my understanding that I can make use of the content in these reports
without conflict under the terms of my ethics agreement.
______
Response to Post-Hearing Questions Submitted by Hon. Daniel K. Akaka to
W. Scott Gould, Nominee to be Deputy Secretary of Veterans Affairs
Question 1. In your book, ``The People Factor,'' you stated that
the government has a hierarchical organizational structure that
inhibits ``innovation and rapid activity.'' You recommended the
government to adopt the core-ring approach and the matrix structures.
Can you explain how and where you would incorporate the two models to
improve the Department's efficiency and management of its workforce?
Response. The People Factor discusses a range of options for
governmentwide organizational structure that could be used to improve
organizational performance in the Federal Government. Structure alone
is not sufficient to transform a government agency: strategy, people,
process and technology changes are required as well. Consequently, a
decision to incorporate a particular option like the core-ring model or
matrix structures is highly dependent on the specific VA mission and
the strategy, people, processes and technology already in place. If
confirmed, I look forward to evaluating which of these options might
help improve organizational performance at VA. There is no formula here
that could encompass all of the unique needs of VA. Nor is there an
option to choose without the opportunity to consult with VA
stakeholders, evaluate alternatives and reach an informed decision on
whether--and if so how--to employ these organizational options at VA.
Question 2. According to your book, you claim that Chief Human
Capital Officers (CHCO) do not participate in key agency decisions in
planning and recommended that CHCOs be made full partners in senior
management teams of every agency. If confirmed, how would you ensure
that the Department's CHCO would have a central leadership role in
planning?
Response. When Secretary Shinseki made ``people centric'' the first
element of his strategic vision for VA, he aligned the organization
with a key success factor for transformation of large agencies. People
are essential to successful change management in any agency. This means
not only involving them in decisionmaking but communicating the case
for change and their role in it. The VA Chief Human Capital Officer can
help make this happen by developing the workforce; anticipating new
knowledge, skills and abilities for employees; and developing plans to
hire, train, develop and recruit personnel to transform VA. Enabling
the VA CHCO to make this unique contribution to transformation would
require knowledge of sound practice in the field; a ``seat at the
table'' in important governance committees; access to enterprise-wide
data on personnel to inform policy decisions; the authority to make
department-wide policies; and the obligation to provide prompt, high-
quality service that supports VA line units.
Question 3. You recommended de-layering government agencies of its
hierarchical organization to help speed up decisionmaking. You claimed
that a flatter organizational structure would improve the process of
decisionmaking because employees that are closer and more familiar to
the issue can act quickly without going through the layers of
management.
a. Do you think that de-layering the Department is the most
appropriate means of improving decisionmaking?
Response. As I mentioned in my response to question number one
above, The People Factor discusses a range of options for
governmentwide organizational structure that could be used to improve
organizational performance in the Federal Government. Structure alone
is not sufficient to transform a government agency; strategy, people,
process and technology changes are required as well. Consequently, a
decision to incorporate a particular option like delayering is highly
dependent on the specific mission of the organization and the strategy,
people, processes and technology already in place. If confirmed, I look
forward to evaluating whether--and if so how--delayering could be used
to improve performance at VA.
b. If not, what steps would you take to improve the speed of the
decisionmaking process?
Response. Many things could be done to improve the relative speed
of decisionmaking at VA. Much depends on the type of decision being
made: which issue, with what information, who will make it and on what
authority. And all depend on the quality of information, knowledge and
responsibility of the decisionmaker.
But as a general principle, where there are knowledgeable and
responsible employees in place, decisions that can be made on the front
line should be made on the front line. This empowers VA employees to
serve Veterans more effectively. Within the limit of law and
regulation, employees should have the discretion to make decisions that
serve Veterans on the spot. Empowering the front line and middle
management to make--and be held accountable for, these decisions can
reduce the volume of decisions and eliminate bottlenecks for
decisionmaking at the top level of the organization.
In general, there are several potential ways to improve
decisionmaking at VA. For example, the decisionmaking process could be
streamlined in several ways including the following. First, the
leadership team can set higher standards for fast, informed and
transparent decisions. Second, the agency can create a governance
process that it can use to identify and analyze risks, discuss options
and make recommendations on a repeatable basis that bring the parties
together to air and settle issues. Third, the agency can use data to
track progress on performance and share it with other decisionmakers
thereby creating a trusted basis for sound decisions. This ensures that
decisions are based on the same information, which tends to focus
disagreement on differences in other assumptions or desired outcomes.
Fourth, based on common data, the agency can conduct performance
reviews of decisions and their outcomes to learn how to make better
decisions over time. Making better decisions and making them faster is
a skill that organizations can develop.
If confirmed, I look forward to evaluating which of these
approaches to speed decisionmaking might be applicable to VA.
[The Committee questionnaire for Presidential nominees from
Mr. Gould follows:]
[A letter from the Office of Government Ethics follows:]
[Letter from Mr. Gould to the Office of General Counsel,
U.S. Department of Veterans Affairs:]
Chairman Akaka. Thank you very much for your statement, Mr.
Gould.
Mr. Gould, you spent some time immersing yourself in VA's
inner workings during the President's transition, but you are
not a VA insider nor are you coming from a veterans advocacy
group. How can you begin to establish your credibility and gain
trust and acceptance--elements that we consider critical to
success?
Mr. Gould. Senator, I think that is an age-old process of
listening, of treating people with unfailing positivity and
respect, and reaching out to the many stakeholders in the VA
community: the veterans service organizations; the veterans
themselves; and, I think as importantly, our front-line
employees who have a lot to tell us.
Chairman Akaka. Thank you. If confirmed, you will be at the
top of Secretary Shinseki's leadership team. How will you tap
the obvious knowledge and policy strength that is already in
place and will indeed exist long after you have moved on?
Let me just say that I raise this in light of the recent
proposal to bill insurance companies for service-connected
care. I cannot imagine any of the long-time policy experts in
VA proposing such a thing.
Mr. Gould. No, sir, and they did not. And I know that
Secretary Shinseki vigorously worked to avoid that
announcement. And, I am pleased to say that I think at our
final point the Administration reached out to the veterans
service organizations, to the community, tested those ideas,
found them lacking and quickly withdrew them.
But your overall point, sir, is that we need to be
listening to our career civil servants, our team there: over
280,000 employees, 20,000 physicians, 60,000 nurses. This is a
core team with deep knowledge. We need to be approaching them
with respect and as members of the team, and listen to their
advice and counsel.
Chairman Akaka. In your recently released book--we chatted
about this--you argue that VA employees should be seen as
strategic resources with ability to seek new solutions by
reaching out to fellow government employees, VSOs and vendors
in the private sector. I am wondering how practical this
suggestion would be. For example, if Jim, the claims processor
in your book, stops what he is doing and does what you suggest,
who does his work in the meantime and what happens to the
claims backlog?
Mr. Gould. I just, Mr. Chairman, believe so strongly that
we need to stop thinking about civil servants and government
employees as a cost and start thinking of them as an
investment.
And the point that my co-author, Linda Bilmes, and I were
raising in the book is a simple one: that change--that the
opportunity to transform, the opportunity to advance the cause
of veterans at the VA--I believe, will come in large part from
the men and women who are serving veterans every day. What that
means, practically, is that we need to have mechanisms that
will allow them to contribute their ideas and their creativity.
Now does that mean, practically speaking, everybody takes a
6-month holiday and we go figure out a new strategy for the VA?
No. I think what is does mean is that you look to the civil
servant population. You ask for volunteers and you hope to find
those few bright sparks who say I want to lend some ideas, I
want to create some new forward momentum in this organization.
And you engage them and bring them in that process. And you
listen and come to good decisions and then move forward.
Chairman Akaka. Well, thank you for all your responses. I
have questions also based on your book, but let me call on
Senator Tester for any questions he may have.
Senator Tester.
Senator Tester. Thank you, Mr. Chairman. Thank you very
much.
Dr. Gould, the new GI Bill takes effect August 1st. This is
April 1st. How will you ensure that those benefits are
delivered on time over the next 4 months?
Mr. Gould. With only 4 months to go, it is, as they say, a
sporty course. The bill was enacted almost 7, 8 months ago now,
and the VA, to the best of my knowledge, has been working
vigorously and with all seriousness to make sure that the
organization meets the August 1, 2009, deadline.
In my work as Co-Chair of the Agency Review Team, I had an
opportunity to do a lot of analysis on the program at that
point. I have to say that in the last 60 days I have not had
that same level of access nor opportunity to delve into the
progress of the GI Bill.
I think it is fair to say that it is a high-risk project,
that it has presently the full attention of the leadership
team, and, if given the opportunity to be confirmed, I will
delve into that program and project immediately to satisfy
myself that we will meet that deadline.
Senator Tester. Do you support advance appropriations for
the VA?
Mr. Gould. I support a steady, predictable source of
funding for an Organization that badly needs to know when it
can hire people and when it will get the money to serve our
veterans.
Senator Tester. OK. So does that mean you support advance
appropriations?
Mr. Gould. Senator, as I mentioned earlier, just a moment
ago, it means that the outcome of a process I think
traditionally owned by Congress is one that needs to play out
here, and what I would envision is the need for a stable and
consistent funding that we can predict.
Senator Tester. OK. So let's assume that taking all the
politics out of it, that we go forth with an advanced
appropriation budget for the VA, how will you project that
budget to ensure it meets the needs of our veterans?
Mr. Gould. Senator, thank you for the opportunity to answer
the question in that way. Very carefully, we will work to make
it work. We have a very fine budget team and career civil
servants who will help us work with the models, a Milliman
Model as an example, to develop the best predictor of
utilization at the VA.
I must share with you that that is a model that has some
weaknesses in it, and the further out in time that you endeavor
to predict, the higher likelihood there will be a gap between
what you predict and what you need. So that process of
projecting now, not just 12 or 18 months but double that period
of time, is the challenge that I think everyone is most
concerned about.
Senator Tester. All right. Disability benefits. You know as
well as anybody in this room that Iraq and Afghanistan veterans
in particular return with some pretty severe disabilities. The
VA's rating process in my opinion is outdated. It really has
not evolved with the modern technologies or the new kinds of
injuries that our troops are facing, particularly neurological
and psychological injuries.
How do you plan to modernize the VA to meet the needs of
those folks; and, furthermore, as brought up earlier, really
tackle not only the neurological and psychological problems,
but tackle the backlog in claims itself?
Mr. Gould. Senator, this is a problem that has been long
acknowledged. It is a problem that, to the best of my
knowledge, has been studied in depth by a number of blue ribbon
panels and by management teams for many years. The consistency
of the recommendations in those documents is fairly clear, and
I will talk about those in a minute.
The thing that concerns me is the lack of execution against
those recommendations, and, clearly, the ability to adopt them
requires the agreement of this Committee, of the veterans
service organizations, of veterans themselves and the
contribution of VA employees to make it all work. But, for one
reason or another, that has not happened.
There are three levels of analysis that I think make sense,
if I am confirmed, to conduct inside the VA:
The first is to ask ourselves the question: Is this rule
set too complex to manage effectively? Can the rules be
changed?
The second with respect to business process: Can we
streamline the business processes that are currently being used
at the VA so that, within the guidance of law, we more rapidly
reach conclusion and can respond to veterans' needs?
And last, I am very hopeful about the potential for the use
of new technology such as the paperless environment that has
been mentioned previously by the Chairman in his introductory
remarks.
Senator Tester. I look forward to your meeting those goals
and do that assessment.
My last question, and I have a bunch of them, and we may
put some of them through, but I ultimately think that you are
the right man for this job anyway.
Mr. Gould. Thank you, sir.
Senator Tester. Chairman Akaka asked a similar question
about you being at the top of the team with General Shinseki
and others. You have a pretty clear direction of where you are
going to go from the experiences you bring to this position.
I guess the question I have is how do you get your goals
and your views and your vision for the VA to the ground where
the people, for the most part, are doing some really good work,
but every once in a while you guys and gals want to move in a
different way, and it does not necessarily transfer to the
ground? How do you get it to the ground?
If you want me to clarify the question because it was a
little vague.
Mr. Gould. No, no. It is the question in transformation of
any large organization. I just want to share with you the
experience I had as Co-Chair of the Agency Review Team.
I probably did 100 interviews, reviewed a lot of documents,
and so on, got a little bit of a sense, initial sense over a 2-
month period of the VA. On a uniform basis, I have to say how
impressed I was with the commitment, the passion, the belief
that Federal employees have in the VA for doing the job that
they are doing.
In my view, that is the thing for which there is no
substitute. Once it is there and you can enter into a
conversation, a dialog with employees in much the fashion that
I have described earlier, then I think you have the opportunity
for finding, in the front line, creative ideas and innovations
that can be brought forward and brought up the chain of command
and engaged in that fashion.
You asked an even harder question which is, what if you get
to the nine out of ten that are ideas that are readily adopted,
you got a tenth that has got to go through? Very simply, I
would say you look to the incentives of the individuals
involved. So, explain the value of what you are doing. Work to
communicate, to develop understanding--frankly, to negotiate.
This is a very, very large organization, lots of people
involved. It is very, very rare that a ``my way or the
highway'' type of approach will succeed.
That said, when it comes to issues of accountability in the
organization, I believe that Secretary Shinseki and, if
confirmed, I will join him in the process of demanding that we
hold people accountable for the results that they achieve.
Senator Tester. All right. Very good. Thank you very much.
Thank you, Mr. Chairman.
Chairman Akaka. Thank you very much, Senator Tester.
Now I would like to call on our Ranking Member for his
statement and his questions.
Senator Burr. Mr. Chairman, aloha. Thank you.
Chairman Akaka. Aloha. Good to see you.
STATEMENT OF HON. RICHARD BURR, RANKING MEMBER,
U.S. SENATOR FROM NORTH CAROLINA
Senator Burr. I apologize to you, and I apologize to Scott.
My schedule had this starting at 10. I think you upped it, and
when I found that out I could not reschedule the mayor of my
home town who was going to do everything he could to see me
today. So I apologize for that. [Laughter.]
Mr. Chairman, let me say at the beginning I had the
opportunity to spend some time with the nominee this week. I
found it to be enlightening and fulfilling, and it is my belief
that we should move this nomination as quickly as we can.
As I sat here and heard you answer Senator Tester's last
question, though, Scott, it made me realize in the South we
like to make sausage. It is pretty easy to make, but as long as
you stuff it in the traditional thin skin it is not as easy to
make it into what we are accustomed for generations and
generations and generations to serve.
You know it sort of reminds me a little bit about
government. We have a lot of good people and a lot of good
ideas, but we consistently try to stuff it into the old
framework of something that is antiquated and has proven time
and time again will not allow innovation and creativity because
it has no flexibility.
Let me just ask you to drill down a little bit and,
specifically, what recommendations would you make to General
Shinseki with your knowledge of, one, where we need to go; and,
two, a very good understanding of where we are here? How does
it structurally have to change?
Mr. Gould. Senator, you have asked a very challenging
question.
I have spent the last 4 years at IBM, leading an effort on
innovation within the company, and I will just describe it to
you briefly and then try to relate it to the prospective
opportunity here.
The company called IBM has been number 1 in the world in
the creation of intellectual property for the last 13 or 14
years in a row, does it very, very well, and it has done it
primarily in the hardware and software arena.
Some of the senior executives in the government practice
recognized that they needed to figure out how to do innovation
in the services industry. So we created something called the
Global Leadership Initiative, identified a series of the
toughest challenges and went about trying to solve those on a
portfolio basis.
Like that, in my view, innovation that gets outside the
box--your point--that is not stuffed into the old sausage skin
and looks like and comes in the same serving size as we are
used to, really requires a dialog with front-line employees and
with stakeholders about what those net new solutions could be.
And then, you have to put a dedicated team on figuring out
how to make that happen--developing the idea, building the
business case to make sure the benefit net of cost is really
going to sustain interest over time, and then engaging people
in that process of maturing the idea and turning it into an
investment-grade solution.
Senator Burr. You have a huge challenge, and I think you
will find all Members of this Committee more than willing to
help remove any impediments that you might find because I
believe the solution is in an architecture that we have yet to
create. And our success is dependent upon our ability to begin
to construct that architecture of the VA of the 21st Century.
In your book, The People Factor, you note that it is ``very
difficult to fire, demote, or even deny a pay raise to an
individual who is not performing well'' in the Federal
Government. This ``is one of the bigest complaints of Federal
workers.''
Well, I have to ask you. Is this a concern that you have at
VA and, if so, how do you plan to address it?
Mr. Gould. Thank you, Senator.
As you may have noted or folks on your staff, one of the
case studies that we presented in the book was an analysis of
change within the strictures of Title 5, that is within the
rules and regulations that exist today. And it is my view that
entirely within Title 5 it is possible to do innovative and
important work in government, using those requirements.
Specifically, number 1, we need an improved labor-
management partnership at the VA. We need to reach out to our
unions. We need to involve them in a process that will have
them contributing their creativity and input into that
strategic planning process I mentioned a moment ago.
Number 2, we need leadership. There is a difference between
leadership and management, and I believe that Secretary
Shinseki is a leader, someone who is setting high goals for the
organization, establishing a vision and working hard with
Congress to make sure that there are adequate resources to make
that happen.
So those are two specific things. A partnership with the
folks on the front line who make it all go and leadership at a
high level, combined with the resources to be able to make that
happen, make me confident that change can occur in the VA.
Senator Burr. As I know from my conversation with you, you
have been in and out of government, and you understand the
difficulty, the cultural challenges within our workforce
regardless of what agency you are in. I commend you for
understanding that and encourage you not to back off from any
attempts to begin to change it, because it is those that excel
that should be rewarded and it is those that are complacent
that we should find a means to either punish or reward,
whichever is appropriate.
Mr. Chairman, you have been awful kind. I am going to ask
one last question, if I could; and again I apologize to you and
to Scott and, more importantly, to his family on this day that
I was not here at the beginning.
You highlighted in your testimony the importance of
transforming the VA into the 21st Century. What do you see as
your greatest challenge in that transformation process?
Mr. Gould. I think the greatest standard that we are
seeking to achieve here is a standard that is in the hearts and
minds of every veteran served by the VA. The future vision that
the Secretary has outlined--having to do with people and
results and a forward-looking organization--all turn around our
capacity to meet the high expectations of the veterans that we
serve.
I would envision a VA that is much easier to access, that
has higher quality health care and economic benefits to offer
our veterans and that, ultimately, is more cost-effective and
productive in how we do that work. The clear image of that is
something, deliberately, we want to involve employees with, the
veterans service organizations, and this body to come to a
crystal clear understanding of what that will be, and that is
out of deference to and appreciation for the consultative
process that we are going to have to go through to commit to
that firm goal.
But the broad parameters are there. Secretary Shinseki has
laid that out, and now the job of his Chief Operating Officer,
if I am confirmed for that position, will be to implement, to
execute, and to make that happen.
Senator Burr. Well, I thank you for your willingness to
serve the public, and I feel very confident, under the
Chairman's leadership, the future of this nomination is not in
question.
I thank the Chair.
Mr. Gould. Thank you, Senator.
Chairman Akaka. Thank you. Thank you very much, Senator
Burr.
I would like to go back to the book, Mr. Gould. Your book
suggests that 90 percent of initial claims for compensation are
granted. I believe that actually the percentage of specific
claims items is much lower.
How would you suggest that VA compensate veterans if VA
finds that roughly half of their claim conditions are not
deemed service-connected at first look?
Mr. Gould. Mr. Chairman, I would obviously defer to the
Chairman's view of what that precise number is and offer to you
the spirit in which that observation was made in the book. And
that is that I share a belief along with my co-author, Harvard
professor, Linda Bilmes, that there are opportunities in this
process to streamline it, to make it better, to serve veterans
more efficiently and effectively and that one of the ways that
we can make that process more streamlined is to recognize when
additional tasks add no value to a process.
So, if it is the case that some significant percentage of
applications that are put into a process where an individual
has requested a particular outcome, in fact, have no additional
value added provided by the organization reviewing them, that
is a candidate--in my experience in a business process redesign
world--to shed. It is to recognize that there is an opportunity
to move that process forward more quickly because we do not
have to expend the resources to make that happen.
Chairman Akaka. That is great.
Despite the historic increases in VA's budget and the need
to quickly bring on new staff, I understand that all new hiring
decisions in VHA are being reviewed by the incumbent VHA
leadership through a human resources committee. I have been
told that the local managers are being asked to provide lengthy
justifications for new hires with a focus of potentially
contracting the position out. What is your view of this
process?
Mr. Gould. Mr. Chairman, obviously, one of the most
sensitive sets of decisions that can be made in an agency in
government is who to hire and when, by what criteria we make
that decision. And, under Title 5, there are a set of strict
standards about how that should be done, particularly with
respect to our career civil servants who, in my view, should be
protected.
You are raising new information to me. Frankly, I was
unaware that there was that kind of control being exercised.
And, with your permission, I would like to, if confirmed, have
the opportunity to dig into that, get an answer back to you
that would reflect more of the facts on the ground.
Chairman Akaka. Thank you for that.
Now let me move to training, Mr. Gould. Training and
retraining staff is an absolutely necessary and worthy
endeavor, but it is expensive both in terms of direct costs and
opportunities lost. How do you believe VA's workforce should be
trained, with these concerns in mind?
Mr. Gould. Mr. Chairman, you have seen me levitate about
six inches off the chair on that issue, and you would be right.
I do not think many people in our country understand that
government spends $700 billion a year--a year--on personnel.
That is like one TARP going out of government every 12 months,
and yet we spend about \1/3\ of the amount of money that the
private sector does on training.
To me, it stands to reason that if you are going to have
all those people and you are going to ask them to do new things
and respond to new technology and redesign and transform and
you are really putting a lot of challenges at them, then, at a
minimum, government--in our case, for our conversation here
today, VA--has an obligation to invest in our career civil
servants to provide them training.
The point of the question, obviously, is how do you do that
and where do you come up with the money to make that happen?
That is where Congress comes in. And I hope and believe that
Secretary Shinseki and I will have an opportunity, if
confirmed, to make that business case.
I would point out that in the book we make an economic
argument on just those grounds. How is it that additional money
to train can result in cost savings, cost avoidance and better
performance down the road and that we ought to be making those
investments now?
It is the same logic that we use for our veterans for
education and training and vocational rehab and so on. We are
reaching out. We are investing in them, in the hope and belief
that they will contribute back to society, have richer lives as
a result of that. Analogously, I think a career civil servant
is in that same position, that our investment in them can
create value for our country down the road.
Chairman Akaka. Thank you very much.
Senator Tester, any further questions?
Senator Tester. No further question. Thank you, Mr.
Chairman.
Chairman Akaka. Well, I want to thank you very much. You
have responded real well. We are looking forward to moving you.
I hear our Ranking Member about moving this as quickly as we
can, and we certainly will.
I thank you so much, and it is great to have your family
here.
It is good to be looking forward to the 21st Century and
what we can do for our veterans, and that is what this
Committee is all about too. As was mentioned by our Ranking
Member, we certainly want to move the impediments or whatever
obstacles there may be that would prevent improvement and
progress and work together with you and Secretary Shinseki, the
VSOs, and all those who are concerned about veterans.
So, thank you very much for being here. Thank you and aloha
to you and your family.
Mr. Gould. Thank you so much. You made us feel very
welcome.
Thank you, Senator Burr.
Thank you, Senator Tester.
[Recess.]
Chairman Akaka. The Senate Committee on Veterans' Affairs
will be in order.
We will move now to the nomination of Tammy Duckworth to be
the Assistant Secretary for Public and Intergovernmental
Affairs within the Department of Veterans Affairs.
STATEMENT OF HON. DANIEL K. AKAKA, CHAIRMAN,
U.S. SENATOR FROM HAWAII
Chairman Akaka. I want to say aloha and welcome to you, Ms.
Duckworth. You are no stranger to this Committee. You have been
here many times, most recently in November 2007 when you
offered your thoughts on the issue of seamless transition. As
someone with deep roots in my home State of Hawaii, I know that
you bring the spirit of aloha which will serve you well if
confirmed by the Senate.
As part of the newest generation of veterans, Ms. Duckworth
continues to triumph over obstacles in her way. She
demonstrates on a daily basis the strength and courage that
marks the best of this new class of American servicemembers.
In many respects, the Assistant Secretary for Public and
Intergovernmental Affairs is the public face of VA. When there
is good news to be shared, this person advises and represents
the Secretary. When there is unpleasant news for which VA must
take responsibility--and we all know that there will be--this
is the person who must step forward and make every effort to be
open and honest with the public. There must be trust and
confidence in VA if it is to serve the veterans effectively.
We recently heard of instances in Florida and Tennessee
where thousands of veterans were potentially exposed to
infections following colonoscopy procedures. There are serious
situations, and these are serious. I have asked the Inspector
General to investigate the facts and circumstances.
As upsetting as such mistakes are, the public's trust in VA
comes from its willingness to disclose those errors and to work
to fix them. I have no doubt there are private sector health
care institutions making the same types of mistakes, but we
simply do not hear about them in the same way. When there is a
problem at one or two VA facilities, it can tar the entire VA
system.
VA's constituency ranges from those who, like me, started
during World War II, to the newest generation of veterans
returning from Iraq and Afghanistan. VA beneficiaries live in
urban areas, in remote and rural areas, and everywhere in
between. Some veterans return from service with no scars.
Others have lost limbs or suffer from the invisible wounds of
PTSD. When we talk about reaching all veterans, there must be
an effort to include their families as well.
In addition to being the public face, the Assistant
Secretary also represents VA across the entire Federal
Government as well as with State and local governments. If
confirmed, Ms. Duckworth will need to interact effectively with
many agencies, from DOD to SBA, to represent the issues and
interests of veterans including on matters such as
homelessness, unemployment, housing, disability policy and
health care.
Undoubtedly, this is an important job, and I look forward
to your testimony and hearing about your plans.
At this time, I would like to yield to my Ranking Member,
Senator Burr, for his opening statement.
STATEMENT OF HON. RICHARD BURR, RANKING MEMBER,
U.S. SENATOR FROM NORTH CAROLINA
Senator Burr. Thank you, Mr. Chairman.
Major Duckworth, welcome. We look forward to the
opportunity to share some time with you, and you could not have
a more standup person, I think, to introduce you than the guy
to your right and to our left. We welcome our colleague, Dick
Durbin.
The position you seek is one of the most important roles in
ensuring that veterans and their families are being well served
by the VA. As the Assistant Secretary of Public and
Intergovernmental Affairs, one of your most important
responsibilities is to provide veterans and, more importantly,
their families with up-to-date information about VA activities,
benefits, and services. This is critical because VA programs
cannot help improve the lives of veterans if veterans do not
know about them.
In this role, you would be responsible for fostering
partnerships with organizations around the country that are
willing to work with VA in carrying out its noble mission. We
have veterans in all corners of the Nation including very rural
areas, and many could benefit tremendously from these efforts.
Mr. Chairman, I intend to have several written questions
that I am going to give Major Duckworth to clarify for me some
things on the Committee questionnaire which I am not going to
ask in today's hearing. I have some general questions that I
will ask.
I look forward to hearing more about your thoughts on how
we take the VA forward, how we make sure that we share with the
veterans and, more importantly, the communities that they come
from of the wide array of services that the VA has provided for
them, and, hopefully, that they can then utilize.
I thank you for being here, and I thank you, Mr. Chairman.
Chairman Akaka. Thank you.
At this time, I would like to ask for the introduction of
the Senators from Illinois, and I would like to now recognize
the honorable and distinguished Assistant Majority Leader and
Senior Senator from Illinois, who is joining us this morning to
introduce the nominee to the Committee. I welcome Senator
Durbin. We have had a long relationship beginning from the
House, and it has been a good one.
Senator Durbin. It sure has.
Chairman Akaka. And I look forward to that continuing. So,
Senator Durbin, aloha and welcome, and we look forward to your
statement.
STATEMENT OF HON. RICHARD J. DURBIN, A UNITED STATES SENATOR
FROM THE STATE OF ILLINOIS
Senator Durbin. Chairman Akaka, thank you very much for
giving me this opportunity to introduce Tammy Duckworth as a
nominee for the Veterans Administration Assistant Secretary of
Public and Intergovernmental Affairs.
Senator Burr, thanks for those kind words.
And, to my colleague, Senator Burris, good to see you and
Senator Tester. I would say to all of the Members of the
Veterans' Affairs Committee, this is a rare opportunity to be
part of the appointment of someone of real quality, who can
serve this Nation as she has so many times before.
Four years ago, in 2005, we had an occasion that President
Bush gave the State of the Union Address. We each get a couple
of tickets for people/visitors to sit in the gallery for that
historic moment. We have made a tradition in our office to call
Walter Reed hospital and ask: Are there any Illinois vets who
can come in and take these seats? We would like to have them
come by.
And so, that night of the President's State of the Union
Address, I was told that there were, in fact, two people coming
from Illinois, Major Tammy Duckworth and her husband, Bryan
Bowlsbey, both of whom were members of the Illinois National
Guard. I had never met her before. She literally came rolling
into the office in full dress uniform and then told me her
story.
Ten weeks before, Tammy Duckworth had been an activated
member of the Illinois National Guard and was piloting a
helicopter over Iraq when a rocket-propelled grenade was shot
into the cockpit and exploded. As a result, Tammy lost both of
her legs, and her right arm was shattered to the point there
was a serious question as to whether or not she would be able
to keep that arm and use it in the future.
When I heard that story, I could not believe it because she
was sitting in front of me with this big smile on her face, 10
weeks after being shot down, after going through countless
surgeries, and she seemed to be as happy and composed as any
person I had ever seen--her husband right by her side pushing
the wheelchair.
I did not realize until long afterwards that she had an IV
running under her dress uniform coat which was the only way
that she could come and visit that night, and it had to be
changed by Bryan during the course of the evening. But, for
her, it was a big smile and a welcome to everyone.
A reporter came in, Lynn Sweet of the Chicago Sun-Times and
asked Major Duckworth a hard question. She said: Major
Duckworth, what do you think of these people who are protesting
against this war, who say it was a mistake, we should not have
gone to war. After what you have been through, what do you
think of these people?
And she said, is not that why we are fighting this war, so
that Americans can express their point of view and have freedom
of speech?
I was taken aback by that answer. I could not believe the
insight and courage that that answer entailed that she gave,
and I thought to myself, this is a special person.
I did not know her full family background at the time, but
she was born into a military tradition. She is the daughter of
a Marine. She is a second generation Purple Heart recipient in
her family.
After completing his service, Tammy's father worked for the
United Nations. Tammy spent her childhood, much of it, growing
up in Southeast Asia before arriving in Hawaii at the age of
16.
She started her military career in 1990, joining the ROTC
in graduate school. She was commissioned in the Army Reserve in
1992. She completed helicopter flight school, joining the
Illinois National Guard in 1996.
In her civilian career, she has worked on lung cancer
prevention at Northern Illinois University Center for Nursing
Research and was a Global Manager for Rotary International. In
2004, she was a doctoral student when she requested to be
deployed to Iraq. And it was on the afternoon of November 12,
2004, while she was on her last mission of the day in Baghdad
when her helicopter was shot down.
She made it out of that helicopter somehow. I have had a
chance to meet her co-pilot that day. The whole crew was just
heroic, bringing that helicopter down safely and transferring
her. Her next memory, she says, was waking up at Walter Reed
with her husband, Bryan, also a member of the Illinois National
Guard, by her side.
I told you about the grievous injuries which she suffered
as a result of it. I met her while she was recovering, and I
thought to myself, I want to know this person more. This is an
exceptional person.
I kept in touch with her. A few months later, in a very
weak moment, I made a phone call to her and said, would you
consider running for Congress?
She did not say no. She said, I want to think about it.
I said, OK.
She talked it over with Bryan and called me back and said
she was going to make the race.
Well, she did not win that race, but she was heroic again
in the effort that she made. Fortunately, for her, the Governor
of our State turned to her and asked her if she would become
the Director of the Illinois Department of Veterans Affairs,
and then she took up that spot in November 2006.
She has done some amazing things there: the Illinois
Warriors Assistance Program, requiring additional screening for
PTSD and Traumatic Brain Injury; the GI Loan for Heroes
mortgage loan program; the Vetscash Grant Program, which
provides over $5 million in grants to veterans service
organizations; Veterans Adaptive Activities Day. The list goes
on.
She has been totally committed to her fellow veterans and
to public service. She has been recognized with the Leadership
Conference on Civil Rights Hubert Humphrey Award, a recipient
in 2007 along with President William Clinton and the late
historian, John Hope Franklin. She has received the Access
Living Disability Leader of the Year Award in 2007, was the DAV
Disabled Veteran of the Year in 2008 and received the AMVETS
Silver Helmet Award in 2009.
Now she has been called into service again by President
Obama who is asking her join an extraordinary team at the
Veterans Administration, facing extraordinary and historic
challenges. She is a person for that job. I have known that
from the minute that I met her. I know that she is going to
fight for veterans with every ounce of her being and every
ounce of her strength.
I know that she, having seen her husband deployed after she
returned, knows the sacrifices made by families. Here was Tammy
living alone in her situation where she needs a helping hand.
Her husband is deployed, and he goes without complaint. They
understood what service meant, both in her life and in his
life.
He could not be here today because he is at Ft. Gordon,
which Tammy will explain. He is on military assignment at this
moment, and cannot be with her.
I am just going to close by saying a few words in closing.
She had the courage to serve. She had the courage to come home
and battle her wounds. And, she has had the courage to carry on
in a life of public service. We are blessed in America to have
people like Tammy Duckworth.
Thank you, Mr. Chairman.
Chairman Akaka. Thank you very much, Senator Durbin.
Now I would like to recognize our newest Committee Member,
Senator Burris, for any introductory remarks you would like to
make on behalf of Major Duckworth.
STATEMENT OF HON. ROLAND W. BURRIS,
U.S. SENATOR FROM ILLINOIS
Senator Burris. Thank you, Mr. Chairman, Ranking Member
Burr, colleague Tester. I would like to thank you for the time
to address this Committee about a good fellow Illinoisan who
settled in our great State, Major Tammy Duckworth.
And, we are happy for it, Tammy.
As we consider her nomination for Assistant Secretary for
Public and Intergovernmental Affairs for the Department of
Veterans Affairs, I would also like to thank my Senior Senator,
Senator Durbin, for providing such a fine introduction.
The Department of Veterans Affairs is at a crucial juncture
in our history, transitioning from one generation to the next
with changing demographics and shifting priorities. It is a
mission of this Committee to ensure that in the nomination
process we confirm nominees that will best serve the needs of
America's veterans.
I can think of no candidate more deserving of this position
or more qualified to help lead the Department of Veterans
Affairs than Major Tammy Duckworth. As a member of the ROTC
since 1990, the Major has been instrumental in opening doors
and leading the way.
After becoming a commissioned officer in the U.S. Army
Reserves, Major Duckworth decided to fly helicopters because it
was one of the few combat jobs open to women, and she served
her country with distinction. For her service in Iraq, Major
Duckworth received a Purple Heart, and while recuperating at
Walter Reed Center she was presented with an Air Medal and the
Army Commendation Medal.
Her service and her sacrifice alone recommend Major
Duckworth to lead at the Department of Veterans Affairs, but it
is the strength of her ideas and commitment to her fellow
veterans that most strongly qualifies her for this post, Mr.
Chairman.
Her work as the Director of the Illinois Department of
Veterans Affairs was marked by innovation and extraordinary
outreach to make programs and resources more accessible for the
veteran community, a commitment we will hear reinforced in
Major Duckworth's statements today. While the head of the
Department, she put in place State programs that offered tax
credits for employers who hired veterans of Iraq, Afghanistan
and Desert Storm, worked to provide State grants to service
organizations benefiting veterans issues and secured backing
for below-market mortgages for veterans.
Major Duckworth was also honored by Chicago Access for
Living for her extraordinary commitment to veterans with
disabilities.
This is the type of leader we need in the Department of
Veterans Affairs today because there is just so much that we
need to correct in that Department. I am grateful that
President Obama has put his faith in Major Duckworth's
candidacy, and I know the Department of Veterans Affairs will
make great progress under her steady, capable, committed and
unwavering leadership.
Thank you, Mr. Chairman.
Chairman Akaka. Thank you very much, Senator Burris.
Now I would like to call on Senator Tester for his
statement.
STATEMENT OF HON. JON TESTER,
U.S. SENATOR FROM MONTANA
Senator Tester. Well, thank you, Mr. Chairman.
I am going to start with an apology because I am going to
have to leave before I get the opportunity to ask you
questions. So I am going to ask you questions in my opening
statement, and then we will catch it on the record.
First of all, thank you for being here. Thank you for your
service. Thank you for what I think will be outstanding service
in the VA once you get confirmed.
And, along those lines, Mr. Chairman, I have had Tammy in
my front. We have talked about her vision for the VA, and I
would hope that her and Dr. Gould's confirmations would be
expedited with the Ranking Member's agreement to that.
So, a couple things, the VA is pretty much a passive system
as far as reaching out and letting people know what their
benefits are. We have millions of veterans out there that are
qualified for benefits that do not get them. I am curious to
know how you are going to reach out to those veterans in rural
areas--in a State like Montana, that is critically important--
female veterans, Native American vets, as there is a high
number of them.
The other issue that is very, very important to me is the
number of embarrassing issues that have come up in the VA.
Whether it is inaccurate suicide data--that comes to mind right
off the top--or other things, how are you going to deal with
those issues that are very, very uncomfortable and are you
willing to tell the leadership in the VA? If they come down and
say you know we want to soft pedal this, you say: Now, hold it.
The truth will set you free. We need to tell the truth on this
stuff.
So I would hope that you would do that as you move forward
and how you would integrate yourself into that.
With that, Mr. Chairman, I do have to leave, but I just
want to thank, once again, Ms. Duckworth for being here today,
and I look forward to working with her for the benefit of
veterans throughout this country.
Chairman Akaka. Thank you very much, Senator Tester, for
your statement.
Now, Ms. Duckworth, I will administer the oath to you at
this time and ask you to raise your right hand.
Do you solemnly swear or affirm that the testimony you are
about to give, as well as any answers to any pre and post
hearing questions, before the Senate Committee on Veterans'
Affairs, will be the truth, the whole truth and nothing but the
truth, so help you God?
Major Duckworth. I do.
Chairman Akaka. Let the record note that the witness
answered in the affirmative.
Major Duckworth, I would like to ask you at this time to
introduce your family or your friends who are here.
Major Duckworth. Thank you, Mr. Chairman.
I have six members of what I call my extended family. They
are my friends who are here with me: starting with Colonel
Michael Yap, retired, a good friend from Hawaii originally. He
and his wife started visiting me at Walter Reed when I was
first injured.
I have also Mr. Tom Porter, Korean War Veteran who started
visiting me before I even woke up from my medically-induced
coma at Walter Reed. He is a double amputee who is there to
tell the troops at Walter Reed every single Tuesday and
Thursday, without fail, that life goes on and you can have a
wonderful, wonderful career after you lose your legs. So he was
my beacon when I had no hope.
Jim Mayer, the Milkshake Man, a Vietnam veteran, a double
amputee, he has walked the halls of Walter Reed for many, many
years. He is a former VA employee handing out milkshakes
because he knows that when an American GI cannot keep down any
food because of their medication, they will suck down a
milkshake.
Also, I have Mr. Brian Clauss and Mr. Joe Butler from the
John Marshall Law School in Chicago where one of the last
things we were able to do at the State of Illinois was
establish a veterans legal assistance clinic with law
students--a very successful program. They have recently written
a textbook on how to establish similar programs across the
country.
Did I get everyone? I think so.
Chairman Akaka. Thank you very much for those introductions
and welcome to all of you to the Committee.
At this time, I would like to ask you to proceed with your
statement.
STATEMENT OF L. TAMMY DUCKWORTH, DESIGNATE TO BE ASSISTANT
SECRETARY OF VETERANS AFFAIRS FOR PUBLIC AND INTERGOVERNMENTAL
AFFAIRS, DEPARTMENT OF VETERANS AFFAIRS
Major Duckworth. Thank you, Mr. Chairman, and aloha, mahalo
nui loa.
Chairman Akaka. Aloha.
Major Duckworth. And Ranking Member Burr and distinguished
Members of the Committee, thank you for the opportunity to come
before you today. I am deeply honored and humbled that
President Obama has given me this opportunity to serve our
Nation's veterans.
Since my time at Walter Reed, when this Committee first
called on me to testify--while I was still a patient--on behalf
of my fellow wounded warriors, I have been privileged to answer
your questions and assist you in caring for our brave military
men and women. I plan on continuing this important partnership
with you in my new role at the U.S. Department of Veterans
Affairs, should I be confirmed.
A significant part of my duties will be to transform the
public affairs function at the Department of Veterans Affairs
to fulfill President Obama's and Secretary Shinseki's
commitment to a 21st Century agency with candor, transparency
and integrity. Not only will we be responsive to this
Committee's concerns, we will also be proactive in
communicating with you and with our Veterans.
In order to become a 21st Century organization, we will
have to change some past methods used in communicating with
outside organizations whether they are other government
agencies, the media, the legislature or, most importantly, our
veterans.
The things that VA already does well, we will continue.
However, with the changing demographics of our veteran
population, the VA will need to develop the communication
strategies that best reach our newest veterans where they live,
work and play. It is no longer enough to hand out brochures at
demobilization ceremonies. We must develop social networking
strategies, non-traditional outlets such as blogs and use a
wide variety of new media available to get the message of
available benefits out to our veterans.
Just as our Nation learned from our Vietnam veterans that
we must love the warrior regardless of our personal stand on
the war, we must also learn the lesson of how Department of
Veterans Affairs lost contact with so many Vietnam veterans and
apply those lessons today. We are in a critical time when we
still have the ability to reach out to the generation of post-
9/11 veterans. If we send the message incorrectly, we risk
angering or disappointing these vets to the point of their
turning their backs on the VA, as was the case of so many of
the Vietnam generation.
The upcoming roll-out of the Post-9/11 GI Bill is a
critical example. If our vets are not given the correct
information on qualifications and application processes, they
will become frustrated and have their worst stereotypes of the
VA bureaucracy reinforced. Most tragically, if we do not reach
out in the correct way to our veterans suffering from Traumatic
Brain Injury and Post Traumatic Stress Disorder, they will turn
away and not access the care that they need for these wounds.
The second component of my position at VA will be to
develop partnerships with other Federal and State agencies as
well as with non-governmental organizations. In my past work
with Veterans, I recognize that the greatest frustration with
the VA is not the quality of the care that is provided. In
fact, VA medical care is among the best in the country. The
frustration is with gaining access to that care.
Local governmental agencies will become an ally with the
Department of Veterans Affairs in helping our vets negotiate
that process of accessing and qualifying for VA benefits. In my
new job, I hope to use my past experience and relationships
with the State Directors of Veterans Affairs, with county
veteran service officers, with veteran service organizations as
well as with organizations that have not traditionally had a
relationship with the VA, such as community service
organizations like Rotary International and Lions Clubs or
faith-based organizations.
If VA cannot be in every store front of every hometown
across America, we will find partners who are and who can help
us distribute the tools that our veterans need to gain access
to the health care and benefits that they have earned through
their service.
No veteran should ever have his access to VA services
blocked because of geography. If it did not matter where I
lived and where my hometown was when I enlisted, where I live
now should not prevent me from getting the VA services that I
need and earned. Intergovernmental partnerships will be key in
keeping our Nation's obligations to our veterans.
In the Army, my job did not start and end with flying
helicopters. My job was to carry out the mission assigned to me
and to take care of my soldiers. I view this opportunity to
serve in the Department of Veterans Affairs the same way. I am
nominated to be Assistant Secretary for Public and
Intergovernmental Affairs, but ultimately my job will be to
support the mission of serving our veterans.
I live every day knowing that I should have died in that
dusty field north of Baghdad, and I am surviving only because
my buddies would not leave me behind. I intend to honor their
heroism by doing everything that I can to make sure that this
Nation stands by those who serve and leaves no veteran behind.
Thank you for this opportunity to come before you today,
and God bless our troops who are in harm's way around the world
today.
Thank you, sir.
[The prepared statement of Major Duckworth follows:]
Prepared Statement of L. Tammy Duckworth, Nominee to be Assistant
Secretary of Veterans Affairs for Public and Intergovernmental Affairs
Mr. Chairman and Distinguished Members of the Committee: Thank you
for the opportunity to come before you today. I am deeply honored and
humbled that President Obama has given me this opportunity to serve our
Nation's Veterans. Since my time at Walter Reed, when this Committee
first called on me to testify on behalf of my fellow Wounded Warriors,
I have been privileged to answer your questions and assist you in
caring for our brave military men and women. I plan to continue this
important partnership with you in my new role at the US Department of
Veterans Affairs.
A significant part of my duties will be to transform the Public
Affairs functions at the Department of Veterans Affairs to fulfill
President Obama's and Secretary Shinseki's commitment to a 21st Century
agency with candor, transparency and integrity. Not only will DVA be
responsive to this Committee's concerns, the Department will also be
proactive in communicating with you, and with our Veterans. In order to
become a 21st Century organization, DVA will have to change some past
methods used to communicate with other government agencies, the
Congress, the media, and most importantly, our Veterans. The things
that DVA already does well, we will continue. However, with the
changing demographics of our Veteran population, we will develop the
communication strategies that best reach our newest Veterans where they
live, work and play. It is no longer enough to hand out brochures at
demobilization ceremonies. We must develop social networking
strategies, use non-traditional outlets such as blogs, and employ the
wide variety of new media available to get the message of available
benefits to our Veterans.
Just as our Nation learned from our Vietnam Veterans that we must
love the Warrior regardless of our personal stand on the war, we must
also learn the lesson of how DVA lost contact with so many Vietnam
Veterans and apply that lesson today. We are in a critical time when we
still have the ability to reach out to the generation of post-9/11
Veterans. If we send the message incorrectly, we risk angering or
disappointing these Vets to the point where they turn their backs on
VA, as so many did after Vietnam. The upcoming roll-out of the Post-9/
11 GI Bill is a critical example. If our Vets are not given the correct
information on qualifications and application processes, they will
become frustrated and have their worst stereotypes of the DVA
bureaucracy reinforced. Most tragically, if we do not reach out in the
correct way to our Veterans suffering from Traumatic Brain Injury and
Post Traumatic Stress Disorder, they will turn away and not access the
care that they need for these wounds.
The second component of my position at DVA will be to develop
partnerships with other Federal and state agencies as well as with non-
governmental organizations. As a result of my past work with Veterans,
I recognize that the greatest frustration with DVA is not the quality
of the care provided. In fact, DVA medical care is among the best in
the country. The frustration is with gaining access to that care.
Local governmental agencies should become allies with the
Department of Veterans Affairs in helping our Veterans access their DVA
benefits. In my new job, I will use my past experience and
relationships with the State Directors of Veterans Affairs, with County
Veteran Service Officers, with Veteran Service Organizations as well as
with organizations that have not traditionally partnered with DVA, such
as Rotary International or the Lions Clubs. If DVA cannot be in every
storefront of every hometown across America, we will find partners who
are and who can help us distribute the tools that our Veterans need to
gain access to the healthcare and benefits that they have earned
through their service. No Veteran should ever have his access to DVA
services blocked because of geography. Just as it did not matter where
my hometown was when I enlisted, where I live now should not prevent me
from getting the DVA services that I need and earned. Intergovernmental
partnerships will be key in fulfilling our Nation's obligations to our
Veterans.
In the Army, my job did not start and end with flying helicopters.
My job was to carry out the mission assigned to me and to take care of
my Soldiers. I view this opportunity to serve in the Department of
Veterans Affairs the same way. I am nominated to be Assistant Secretary
for Public and Intergovernmental Affairs, but ultimately my job will be
to support the mission of serving our Veterans. I live every day
knowing that I should have died in that dusty field north of Baghdad
and am alive today only because my buddies would not leave me behind. I
intend to honor their heroism by doing everything that I can to make
sure that this Nation stands by those who have served and leaves no
Veteran behind. Thank you for this opportunity to come before you
today, and God Bless our troops who are in harm's way around the world.
I am happy to answer any questions you may have.
______
Response to Pre-Hearing Questions Submitted by Hon. Daniel K. Akaka to
L. Tammy Duckworth, Nominee to be Assistant Secretary of Veterans
Affairs for Public and Intergovernmental Affairs
Question 1. Have you discussed with Secretary Shinseki, and with
Deputy Secretary-designate Gould, the duties and the role you would
assume as Assistant Secretary for Public and intergovernmental Affairs
if you are confirmed? If so, what specific areas of the job were
discussed?
Response. I have discussed the duties of my position with Secretary
Shinseki. Specifically, the Secretary emphasized that in addition to
being a key spokesperson for the Agency, my job also entails outreach
to Veterans and intergovernmental groups. The Secretary stressed to me
the importance of building relationships between the DVA and state and
municipal governments as well as with non-governmental organizations.
In my conversations with Deputy Secretary-designate Gould, we discussed
my role in communicating the President's and the Secretary's message to
Veterans that the DVA is here to serve them and to make them aware of
all the benefits to which they are entitled.
Question 2. Do you anticipate having a policymaking role if you are
confirmed?
Response. If asked by the Secretary or the Deputy Secretary to
provide advice on policy, I will make sure to do so. I believe that I
can be a valuable resource for the SECVA, DEPSEC, and the COS,
especially when it comes to insight on our War Wounded, the needs of
young Veterans, and partnerships with State governments.
Question 3. Have you formulated any thoughts on what your new job
responsibilities will be and how you will approach those
responsibilities if confirmed?
Response. If confirmed, my first responsibility will be to serve
the President and the Secretary. I will take their lead as to my role
and capacity within the Department. I see my role as an integral part
of the senior management team consisting of two main components:
a. Public Affairs and Intergovernmental Affairs. In this capacity,
I see my main focus as emphasizing outreach to our Veterans, an effort
just as important, if not more so, than outreach to media and other
institutions. I understand that Public Affairs is responsible for all
of the DVA's communications and is therefore the leader in efforts to
communicate to our Veterans.
b. Building Partnerships. I see the second critical component of my
job as strengthening existing partnerships and forming new partnerships
with organizations around the Nation that serve our Veterans. Under the
direction of the Secretary, I plan to identify Federal agencies, local
governments, and non-governmental organizations that share our goal of
better serving Veterans, and then to work with these partners to
achieve our shared goal.
Question 4. If confirmed, what would you most like to accomplish in
your new position? What would you hope your legacy to the Department
would be?
Response. If confirmed, I would most like to develop the DVA's
methods for communicating with Veterans and to establish relationships
with organizations that seek to better serve Veterans. I want to
provide insight and guidance on how to develop the DVA's use of new
media to bring our young Veterans into the DVA family. The Vietnam
Veteran generation taught us the valuable lesson that we have a limited
period of time when our Veterans return home to reach out to them and
enroll them into DVA services. We must be careful in how we communicate
so that we do not lose the latest generation of Veterans, as we lost so
many Vietnam Veterans. We must never again miss the opportunities we
lost after Vietnam. Finally, I hope that my legacy will be one of a
facilitator, expanding services to our clients by bringing together
organizations that may never have partnered with one another in their
efforts to serve Veterans.
Question 5. How would you describe your management style and how is
it suited to this particular position?
Response. My management style is based on my military training. It
is my responsibility to make sure that members of my staff have the
knowledge and tools to complete the tasks I delegate to them. While I
will delegate authority to perform certain functions, the
responsibility of all that occurs in my department remains with me. If
confirmed, I intend to always give my staff a clear mission and intent
for accomplishing that mission. As in my piloting days, I am a hands-on
leader and manager, and I will roll up my sleeves to work alongside my
people--without doing their jobs for them. Ultimately, a successful
team is one with clear leadership as well as trust and confidence
between and among all of the team members. As we say in the Army, ``One
Team One Fight.''
Question 6. How does your experience as Director of the Illinois
Department of Veterans Affairs contribute to your qualifications for
this new position?
Response. My work at the State of Illinois gave me experience
running a government agency. Prior to that job, my background has been
in not-for-profit corporations and the military. Running one of the
largest state Veterans' agencies in the country gave me a diverse tool
set for work at the Federal level. The State of Illinois Dept. of
Veterans Affairs had a budget of $105 million, 1200 employees, 51
offices, four Veterans' Homes, a Homeless Veterans program, as well as
numerous boards and advisory committees. In the two years that I served
at IDVA, working with a bipartisan group of legislators, we implemented
over $70 million in new initiatives, many of which were the first of
their kind in the Nation. These included new programs for Mortgage
Loans, Homelessness, PTSD, and TBI.
I am also very proud of our work in reaching out to non-
governmental organizations. Using the revenue-neutral Vets Cash Grant
Program, we gave out over 80 grants to organizations that assist
Veterans with services ranging from free dental care to transportation
and homeless programs. We used the grant program to help establish
Veterans Legal Assistance services at the John Marshall Law School and
at Southern Illinois University. As a result, John Marshall Law School
has written a textbook explaining how to establish and run Veterans
Legal Assistance Centers that will be used by other law schools across
the country.
One of my last projects as Director was to help establish a
Veterans Court system in Chicago to divert Veterans suffering from PTSD
and TBI into counseling and treatment programs instead of
incarceration. We also turned to the state networks specializing in TBI
and PTSD to create the Illinois Warrior Assistance Program. By
partnering with the Rehabilitation Institute of Chicago and asking for
assistance from the Illinois Brain Injury Association, we tapped into
civilian expertise on these conditions and developed a training program
on PTSD and TBI from military trauma that we then used to create our
unique program to treat and screen Illinois' Veterans. The training
program is used to train medical professionals throughout Illinois,
which is a largely rural state, so that Veterans can access
appropriate, trained care near their homes. The Illinois Warrior
Assistance Program provides resources from counseling to
pharmaceuticals and brain surgery to all Illinois Veterans who do not
have access to Federal DVA resources, live more than 75 miles away from
a VA facility, or must wait more than three weeks for a DVA
appointment. The program now screens 100% of all redeploying National
Guardsmen. Veterans or family members from any era can pick up the
phone 24 hours a day to call our counseling hotline. When they do so,
the phone is answered by a trained counselor with a Masters degree
instead of a phone tree, as is the case with many hotlines.
I am obviously proud of all that we have accomplished in Illinois.
However, I understand that we can always do more to serve our Veterans.
I intend to take what I learned in Illinois and bring it to the DVA. My
job will be to use all my experiences to assist the Secretary as he
carries out the transformation of the Department into a 21st century
organization that provides services and benefits equal to our Veterans'
sacrifices.
Question 7. ``A VA for the 21st Century'' has been a rhetorical
slogan for many in recent years. However, as we near the end of the
first decade of the century, it seems that that goal is still quite far
away. How do you view your role in moving VA forward in this regard?
Response. If confirmed, I will view my role as a right hand of
support for Secretary Shinseki and his Deputy Secretary. I will assist
them in achieving the mission of moving the DVA forward into the 21st
century. First, with the direction I am given I will present new forms
of communication with Veterans, building on existing methods. We need
to reach out to Vets where they live, work, and play. That will involve
social networking, a more extensive web presence, as well as reaching
into communities across America regardless of their size or isolation.
In order to do so, the DVA can partner with local organizations that
have a presence in these locations, whether they are a local post of a
Veterans Service Organization or a branch of local government. Second,
I will echo Secretary Shinseki's message that the DVA health care
system is among the best in the Nation. Many perceive the DVA as overly
bureaucratic and difficult to access. What is less known is the
excellent quality of DVA health care and benefits. In my daily external
communication, I intend make it common knowledge, especially among
Veterans, that the DVA is above the best when it comes to caring for
Veterans. The goal is to attract Veterans to reengage with the DVA and
access the services that they have earned through their military
service.
Question 8. As the official who will be responsible for the public
face of the Department, you most likely will need to deal with
situations where an incident at one VA facility generates substantial
negative press and public interest that seems to tarnish the entire
Department. How would you respond to such an incident?
Response. President Obama and Secretary Shinseki have made it clear
that this administration will be transparent and accessible. I will
work closely with my counterparts to make sure that there is an
accurate and transparent accounting of any incident that may occur.
Question 9. One of the issues which you sought to address during
your time in Illinois was outreach to veterans in order to make sure
that they were aware of their benefits and their eligibility for
services. As the individual responsible for public affairs for VA you
will be in the position to make a significant impact in this regard.
Assuming that you agree that VA needs to be more aggressive in this
area, what is your thinking as to what you will be able to accomplish
as Assistant
Secretary?
Response. Under the guidance of SECVA, DEPSEC and the COS, I look
forward to creating a forward-thinking strategic communications plan
that includes outreach efforts with VSO's, various service
organizations, traditional media, and new media.
Question 10. I am particularly interested in addressing the needs
of the members of the National Guard and Reserves who return from
deployments and often return to their communities without being aware
of the services and benefits to which they may be entitled and for
which they may be in need of--for example, PTSD counseling. As a member
of the National Guard, you surely are aware of the unique issues
involved in reaching out to these men and women. What thoughts do you
have on ways in which the VA can do a better job of meeting the needs
of a Guard member returning to Kaua'I, for example?
Response. One of my great frustrations as a state Director of
Veterans Affairs was the difficulty in partnering with the DVA. It
often appeared that the DVA was primarily interested in inspecting and
making demands but was often unwilling or unable to lend a hand in
making connections with DOD. Secretary Shinseki has already begun to
remedy this, having had several meetings with Secretary Gates on this
issue. My experience is that one of the best and easiest things that
can be done is to enter into a partnership with the National Guard and
Reserves. In Illinois, I was able to reach out to the Department of
Military Affairs and enter into memorandums of agreement so that I
could have Service Officers present at the reintegration events. We
made it mandatory for 100% of all Illinois Guardsmen to take the
Illinois Warrior Assistance TBI/PTSD screen. By making it mandatory, we
eliminated the stigma of singling out individuals for the screening.
Partnering with state and local institutions is vital to reaching out
to serve our Guardsmen and Reservists. At one time, over 50% of the
forces on the ground in Iraq were Guard or Reserves. Our Nation's
military can no longer be effective without our Citizen Soldiers. In
this new reality it is no longer acceptable to leave them without
services simply because they do not live near a DOD or DVA facility. We
must understand that though the DVA cannot be everywhere, we can
certainly reach out to and partner with organizations that have a
presence in hometowns across America.
Question 11. As you are well aware, our shared home state of Hawaii
has some isolated veteran communities on the neighbor islands. Other
Members of the Committee represent states that have significant rural
and isolated veteran populations. What new strategies do you believe
could be implemented to ensure effective communication with veterans
living in rural communities?
Response. In addition to the existing communications programs, I
feel strongly that we should look to new media solutions to communicate
with our Veterans. The DVA's Web page could be updated and additional
information incorporated on the site to answer questions that are not
currently being answered. The goal would be to create a comprehensive
Web site that will provide guidance on all DVA resources, and also help
direct Veterans to other avenues they might want to explore. The DVA
site could serve as a one-stop shopping location for our clients. I
learned from my time in the State of Illinois that nothing beats having
a real live human being present to answer questions and even to handle
problems on the spot. Under the direction of Secretary Shinseki I plan
to explore the possibility of having itinerant or periodic visits by
DVA representatives to communicate the DVA's available services to
isolated communities.
Question 12. It is estimated that by 2010, women are expected to
represent 14% of the veteran population. Although VA has been treating
women veterans for many years, we know that some women veterans are
reluctant to seek care at a VA facility. What thoughts do you have on
how to communicate to women veterans that VA is prepared to provide
gender-specific care?
Response. I understand first hand what the ups and downs are for
women within our DVA facilities. I can commiserate with women being
reluctant to seek care at a DVA facility. But I also know the beauty
and honor of recovering with your buddies--the men and women who
understand firsthand what you experienced while at war and what you are
going through in order to recover and reclaim your life. I look forward
to being an advocate and helping identify how we can better serve the
needs of our women Veterans.
Question 13. There are various means of communicating with
different generations of veterans and their families. How can VA best
communicate with the broad spectrum of the American public that the
Department serves, especially with the newest veterans who rely on an
array of new modes of communications? Please describe specific media
outlets and other communication media that you would seek to use.
Response. Secretary Shinseki has made it clear that one of his
goals is to speak to all of our Veterans. His vast experience and
expertise prove that he is a tremendously effective communicator. I
look forward to learning from and working with the Secretary to
identify how we can best communicate the DVA's mission both internally
and externally. As a previous Army Chief of Staff he knows better than
most what it is going to take to communicate effectively with our
younger generation of Veterans. He has made it clear that part of
embracing and pursuing a 21st century DVA will be to identify the
various ways our Veterans are receiving information and to ensure that
the information they need is contained within those mediums. We will
explore every alternative and method in order to improve communication
with our clients.
Question 14. As the individual with principal responsibility for
Intergovernmental Affairs at VA, if confirmed you will have a major
role in coordinating many issues, responses, initiatives, and a wide
variety of things with many other Federal agencies--including but not
limited to employment and training with the Department of Labor, the
Indian Health Service within the Department of health and Human
Services, the Small Business Administration, and many others. What are
your expectations for how you will interact with these and other
departments and agencies?
Response. If confirmed, it will be my responsibility to follow the
direction of President Obama, Secretary Shinseki, and the Deputy
Secretary of Veterans Affairs. The President and the Secretary have
created a mission to bring the DVA into the 21st century, and I would
be honored to be a part of that change. As a Soldier, one of the most
essential lessons I learned is that when you are charged with being the
principle driver of an initiative you must move forward with clear
objectives and goals that are defined by your superiors and in line
with achieving the organization's overall mission. I look forward to
the opportunity to become a valuable asset to the DVA and an advocate
for effective communication between the DVA and various other
departments and agencies.
Question 15. What do you see as VA's role in working with other
departments and agencies, especially HUD, through the Interagency
Council on Homeless or otherwise, to address the needs of homeless
veterans and their families?
Response. Currently I am not privy to the specifics of how
interaction works between the DVA and various departments and agencies.
However, I believe one of my first critical tasks will be to learn how
the various departments and agencies interact and engage with the DVA.
Next, I will need to work with the SECVA, DEPSEC and COS to evaluate
what potential changes need to be made. Under the direction of the
Secretary, I believe one of my key roles will be to help facilitate
open, clear, and effective communication in order better serve our
homeless
Veterans.
Question 16. Secretary Shinseki has placed emphasis on improving
the level of collaboration and cooperation between VA and DOD. What do
you believe will be your role in dealing with areas of concern
involving the two departments?
Response. I look forward to taking direction from Secretary
Shinseki, DEPSEC, and the COS to improve VA collaboration with DOD. I
believe my role will be to work with the team to help provide potential
solutions as to how we can improve internal and external communications
that will foster better cooperation and collaboration between the two
departments.
Question 17. Do you agree to appear before the Committee at such
times and concerning such matters as the Committee might request for so
long as you serve in the position for which you now seek confirmation?
Response. I welcome and encourage an open discussion with the
Committee. If confirmed, I look forward to sharing a common goal with
you--caring for our Veterans. A dialog between the Committee and the
Department of Veterans Affairs will be essential. Together we can make
the DVA a more effective organization that better serves our clients in
a manner that our Nation expects and our Veterans
deserve.
______
Response to Pre-hearing Questions Submitted by Hon. Richard Burr to
L. Tammy Duckworth, Nominee to be Assistant Secretary of Veterans
Affairs for Public and Intergovernmental Affairs
Question 1. As you know, the Senate Committee on Veterans' Affairs
(Committee) received two versions of your ``Questionnaire for
Presidential Nominees,'' the form that the Committee requires every
nominee to complete and submit. Certainly, we all make mistakes. But,
given that both versions of the questionnaire were signed and notarized
and will become part of the Committee's official record, I think it's
worth asking you to clarify, for the record, the status of each of
these versions.
A. Would you please explain why two different versions of the
questionnaire were submitted to the Committee?
Response. When I first submitted the questionnaire, I was unaware
of the level of detail that was being requested. When Committee staff
followed up with a request for more information, I wanted to be as
responsive as possible, so I submitted the second form with more
detailed answers.
B. Is there any information in either of these versions (Part I or
Part II) that, on a second look, you believe is not accurate? If so,
would you please explain?
Response. I believe all my submissions have been accurate. However,
the follow-up versions have a level of detail that the first version
did not.
Question 2. In the March 18, 2009, version of the questionnaire,
you responded ``YES'' to this question: ``State whether you will sever
all connections with your present employer, business firm, association,
or organization if you are confirmed by the Senate.''
Given that you also serve as a safety officer for the Illinois
State Army Aviation Office, would you please also clarify whether you
intend to resign from that position if confirmed?
Response. I am currently in the Illinois National Guard, and I
drill as required. I currently do not receive pay from the National
Guard because of restrictions with my disability pension, but I do
receive retirement points toward my military retirement. I do not
intend to resign from this position. I have consulted with the
Department's ethics officials, and I have been advised that this does
not present a conflict of interest.
Question 3. On that questionnaire, you listed three organizations
for which you were a board member during the past five years. In your
letter to the Assistant General Counsel and Designated Agency Ethics
Official at the Department of Veterans Affairs, you stated that you
have already resigned from or will, if confirmed, resign from
leadership and/or board positions of two of those organizations. Your
status as to the third organization was not indicated.
A. Would you please clarify whether you are currently a board
member/leader of any organizations and, if so, whether you intend to
remain in any such role if confirmed?
Response. If confirmed, I plan to resign from all boards of
organizations I serve on, including those I serve in a purely honorary
role.
B. If you do intend to remain in any such role, would you please
explain the anticipated nature of your continued involvement?
Response. I do not intend to remain in such a role.
Question 4. Recently, you were a defendant in a lawsuit filed by
two individuals who worked for the Illinois Department of Veterans
Affairs while you were the Director. In light of the fact that the
court dismissed that case without ruling on the merits, it may be
helpful for the Committee to hear directly from you about what took
place, so that we will have all the right facts. Would you please
explain the circumstances surrounding that lawsuit?
Response. While I was Director of the State of Illinois Department
of Veterans Affairs, a lawsuit was filed in Federal court against me
and an administrator of one of the Illinois State Veterans Homes. The
suit was brought by two employees who claimed they were punished for
reporting perceived wrongdoing. They alleged First Amendment
retaliation violations, state ethics violations, and intentional
infliction of emotional distress. A Federal court dismissed the
lawsuit, denying the First Amendment claim on the merits, and
dismissing the other claims for procedural reasons. Butler v.
Duckworth, 2008 U.S. Dist. LEXIS 100747; 2008WL5221103 (S.D. Ill.
2008). Plaintiffs then filed a similar lawsuit in Illinois state court,
but without the First Amendment claim. The State has filed a motion to
dismiss that is pending. Christine Butler and Denise Goins v. Tammy
Duckworth, unpublished Illinois Circuit Court case # 09L2.
Question 5. In the March 18, 2009, version of the questionnaire,
you answered ``NONE'' to this question: ``Describe any lobbing activity
during the past 10 years in which you have engaged for the purpose of
directly or indirectly influencing the passage, defeat, or modification
of any Federal legislation or for the purpose of affecting the
administration and execution of Federal law or policy.'' I understand
that this question may have been a little unclear (and I will work with
Chairman Akaka to address that situation). In the meantime, to make
sure the Committee's record is complete, I'd like to follow up briefly.
A. Would you please clarify whether your answer was meant to convey
that you did not engage in any such activities solely in your personal
capacity or whether it also was meant to convey that you did not
perform any such activities as a representative or board member of any
organization?
Response. I have never been a registered lobbyist, and to the best
of my knowledge, I have not worked for or advocated on behalf of any
registered lobbyist organization in any capacity.
B. Although you may not have been acting as a registered lobbyist
(as the questionnaire may have suggested we were inquiring about), were
there any activities you engaged in to attempt to influence Federal
policy over the past 10 years? If so, would you please describe any
such activities?
Response. Ever since I fought and was wounded in Iraq and then
spent a year in Walter Reed Army Medical Center, I have been an
advocate on behalf of Veterans. I have testified in front of Congress
four times. As a candidate for Congress and as the Director of Illinois
Department of Veterans Affairs I continued to advocate on behalf of
Veterans in any way possible so that our current and returning Veterans
receive the best services possible.
Question 6. During 2008, you were mentioned as a possible candidate
to be appointed to the U.S. Senate by former Governor Blagojevich.
Given the controversy surrounding the filling of that Senate seat,
would you please describe any discussions or involvement you had
regarding the filling of that Senate seat?
Response. I had no conversations with former Governor Blagojevich
regarding filling the Senate seat. I was informed by his then-chief of
staff that I was under consideration, but I was never called for an
interview. I have not had any contacts with former Governor Blagojevich
in over seven months.
Question 7. According to a March 11, 2009, Associated Press report,
``[s]ince 2005, numerous reports and even an unsuccessful attempt by
[former Governor] Blagojevich to fire two personnel workers for alleged
illegal hiring have revealed efforts by his administration to hire
friends and contributors by skirting the high court ruling and laws
giving military Veterans first chance at jobs.'' I have no doubt that
any such hiring practice would have been offensive to you as a
decorated, severely wounded combat Veteran. Would you please describe
any actions you took as Director of the Illinois Department of Veterans
Affairs to protect the employment rights of Veterans?
Response. One of my first acts as the Director of the Illinois
Department of Veterans Affairs (IDVA) was to promote absolute Veterans
Preference in the Illinois Department of Transportation (IDOT). This
was an agency that often received complaints regarding the
discrimination against hiring Veterans. Within the first week of taking
over as Director, I had partnered with the Director of IDOT to promote
a Veterans hiring event. Throughout my time at the State of Illinois, I
promoted Veterans employment and pursued many avenues to ensure that
both Veterans and employers were educated on Veterans' employment
rights. I also advised state legislators on Veterans employment
programs such as the employers' tax credit for hiring Gulf War-era
Vets. Finally, I partnered with the John Marshall Law School and
Southern Illinois University Law School to create pro-bono Veterans
legal assistance centers that help Veterans fight for their rights.
______
Response to Post-Hearing Questions Submitted by Hon. Richard Burr to
L. Tammy Duckworth, Nominee to be Assistant Secretary of Veterans
Affairs for Public and Intergovernmental Affairs
As you know, the Senate Committee on Veterans' Affairs requires all
nominees to complete a two-part questionnaire. From you, we received
two versions of Part I of the questionnaire and three versions of Part
II. Certainly, I could understand if mistakes were made in filling out
these fairly complicated forms and you needed to submit new forms to
correct errors. But, in response to pre-hearing questions, you made
this statement: ``I believe all my submissions have been accurate.''
Question A. Are you saying that all of the information contained in
all three versions of the questionnaire is correct?
Response. The information contained in each version of the
questionnaire was correct to the best of my knowledge at the time I
submitted it. I submitted more than one version in order to immediately
respond to the Committee's requests for more information. In addition,
the revised questionnaire incorporates information from year-end
summaries I only recently received from my financial advisors.
Question B. If so, I would ask you to explain how that is so, given
that the most recent submissions appear to list assets and income
streams that were not identified in the original submission and the
amounts listed for certain assets, liabilities, and income streams were
changed in the later versions?
Response. Initially I completed the questionnaire on my own without
any guidance. Because the Committee questionnaire did not include
instructions, I based my answers on my understanding of the requested
information. After the Committee requested more information, I
clarified my answers according to the Committee's guidance. In some
instances, I listed the same assets but in different categories. In
other instances, I included more detailed figures based on the
Committee's requests and updated information I received from my
financial advisors. On March 26, 2009, I met with majority and minority
Committee staff and explained these issues in
detail.
[The Committee questionnaire for Presidential nominees from
Ms. Duckworth, submitted twice, follows:]
------
[A letter from the Office of Government Ethics follows:]
[Letter from Ms. Duckworth to the Office of General
Counsel, U.S. Department of Veterans Affairs:]
Chairman Akaka. Thank you very much, Major Duckworth, for
your testimony.
I certainly appreciate the enthusiasm and creativity that
you will be bringing to your new position if you are confirmed
by the Senate.
In your appearances before this Committee and in other
public forums, you have sometimes been critical of VA. In your
new position, you will be called on to defend VA when others
express their criticism. How will you handle this situation?
Major Duckworth. Sir, I plan on approaching my job with the
utmost level of transparency and accessibility. One of the
great frustrations I had as a State Director, as someone from
outside the VA organization, was that complete opaqueness.
Oftentimes, when I wanted information or when I asked simple
questions, I could not get the answer, and I think that is one
of the greatest criticisms. That was certainly something that I
had, which was just tell me what I am asking so that I can go
about the business of helping veterans.
I know that is a great frustration, and so I hope to
approach my job with openness, transparency. and just being
always available to be asked questions. And, if I do not know
the answer, I am going to tell you I do not know the answer. I
am certainly not going to hide that, but I am going to get back
to you, do the research and get that information back out.
Chairman Akaka. Thank you for that response.
I am aware of many initiatives that States have undertaken
to address the needs of veteran residents, and I know that you
have said that coordination and outreach to the States will be
one of your top priorities. Do you have specific ideas, for
example, for ways in which the States and Federal agencies can
collaborate to address the needs of veterans with TBI or PTSD?
Major Duckworth. Yes, sir. In Illinois, we started the
Illinois Warrior Assistance Program, and that was out of the
recognition that so many Illinois veterans who deployed were
National Guardsmen and Reservists who did not live near a large
military installation like in many other States and that once
they came home they then returned to very rural communities
that were far away from the nearest installation.
So, with the Illinois Warrior Assistance Program, we
accessed our local network of mental health providers, and we
partnered with nongovernmental organizations--the Illinois
Brain Injury Association and the Rehabilitation Institute of
Chicago--and developed a teaching program on military-caused
trauma, brain trauma and PTSD that we then implemented to the
network of local providers across the State.
So, under the Illinois Warrior Assistance Program, the
servicemember who either does not want to go to a Federal
facility or who lives more than 1 hour's drive, 75 miles, or
has to wait more than 3 weeks for an appointment with the VA,
will get full access to care from his local provider who has
been trained on military trauma. And so, it is that partnership
between State government, not-for-profit organizations like the
Illinois Brain Injury Association, and also with
nongovernmental entities like the Rehabilitation Institute of
Chicago, coming together to reach out and have those services.
And then we advertised it through partnerships, not just
with our own offices but with county organizations, with
veterans service organizations. Sometimes the first word of
advice a young vet gets occurs when he walks into the local VFW
post and talks to a Vietnam veteran. And so, part of my job
will be to make sure we have those partnerships across all of
the organizations that are interested in caring for vets.
Chairman Akaka. Major Duckworth, in responses to my pre-
hearing questions, you indicated an interest in looking at
improved ways of communicating with this newest generation of
veterans. Could you please describe in more detail what you
envision?
Major Duckworth. Yes, sir. The VA does some things very
well. It does a great job, a wonderful job of sending out
newsletters, monthly publications, taping video messages that
get played on Armed Forces channels, those very traditional
methods of reaching World War II and Korean War vets.
The largest population of internet users among the veterans
communities are actually Vietnam veterans, and I would like to
see the VA move forward in that realm of the internet--Facebook
pages, blogs, social networking sites--accessing our partners
in the veterans service organization community and just getting
the word out--so, accessing nontraditional media; basically
going to where the vets live, work and play.
You know, if military recruiting has moved toward using
NASCAR and blogs and video games, well, that is because it is
effective. The VA needs to think along the same lines in terms
of reaching our veterans where they live and where their family
members live, because the other group that often gets the
information to the veteran is his family members.
Chairman Akaka. Thank you very much.
Senator Burr.
Senator Burr. Thank you, Mr. Chairman.
Major, I am going to go to a similar area in your testimony
because you were very clear, and I will quote you: ``No veteran
should ever have his access to DVA services blocked because of
geography. Just as it did not matter where my hometown was when
I enlisted, where I live now should not prevent me from getting
the DVA services that I need and earned.'' I think that is an
extremely important point.
And, you covered what you did as the State Director to
expand services and the criteria that was used: geographical
distance, length of time for an appointment. Let me ask you,
honestly, should we not extend this across the Department of
Veterans Affairs?
I happen to represent a State that, if you look at it, 50
percent of it is very rural. There are many areas where we have
yet to reach an outpatient facility within a reasonable
distance of where veterans live, yet I have the highest
percentage increase of retired military in my State of any
State in the country. So we know what is coming down the road.
And, I have to say that the past Secretary and the current
Secretary are working aggressively to make sure that we address
the facility needs that we have. But, in the interim, there are
services that you cannot provide at every outpatient facility,
mental health is one of them.
There are certain specialties that, once you get outside of
the hospital, you might not be able to provide, but could be
done if a health care professional is contracted with. Should
we expand our contract basis care in this country to be able to
take care of rural veterans?
Major Duckworth. Sir, well, my position, should I be
confirmed, will be to make sure that veterans know of all the
options that are available to them.
In my own case, I go to Hines VA for most of my care, but I
actually go to a contractor for my prosthetics care, as an
example, because I use very high-tech prostheses, very much on
the cutting edge and I, personally, was not satisfied with what
was provided at the prosthetic department when I first came out
of Walter Reed because Walter Reed has this really high
standard. So I actually go to a contractor for my prosthetics
care.
Part of my job is going to be to make sure that our
veterans, wherever they are, understand that there is that
combination available, that there are some things the VA does
very, very well, that I would never go anywhere else for--
spinal cord rehabilitation, blind rehabilitation, for example.
And, there is an intangible of being served by people who work
with veterans and being taken care of next to one another, so
you can sit there and tell war stories in the waiting room. So,
there is that combination.
My job, my position will be to make sure that we access
community providers, that we enter into partnerships with
nongovernmental organizations, whether they are veterans
service organizations that are willing to drive veterans to
appointments, or working with State government.
I hope to really look very closely, should I be confirmed,
at exploring all of those possibilities. We had a similar
challenge in Illinois also. You know, you think of Illinois,
you think of Chicago, but that is only 50 percent. The rest of
my veterans live in places like Anna, Illinois and Plano,
Illinois and El Paso, Illinois, with very small populations and
great, great challenges with accessing care.
Senator Burr. Though the policy side is not necessarily
under your role in the capacity that you are going to serve in,
I think it is a unique opportunity to have somebody that has
been there, done this, that can be the voice of not just reason
from a standpoint of our policy but can also help us to focus
on that future, that 21st Century that I truly believe that
General Shinseki is focused on and how we structure it
architecturally so that we deliver that same quality of care in
a way that veterans can geographically access it, and sometimes
that will be out of the box.
Major Duckworth. Yes, sir.
Senator Burr. It will be out of the VA facility. It will be
with somebody who meets the standards that we set but may not
receive a government paycheck week in and week out, and I hope
you will be that voice.
You also said earlier in your testimony, ``In order to
become a 21st Century organization, DVA will have to change
some past methods used to communicate with other government
agencies, the Congress, the media, and most importantly, our
veterans.''
And you listed a couple. You talked about social
networking. You talked about blogs. Are there any others that
come to your mind right now which are areas that we do not
utilize but that veterans and, more importantly, their families
have become reliant on and we need to consider tapping into?
Major Duckworth. Yes, sir. Well, at the State, those
partnerships were really important with those nongovernmental
organizations. I worked with everybody from your traditional
veterans service organizations to churches. Oftentimes, when a
veteran's family is getting into where they need counseling,
they turn to their local pastor. A lot of times, it is going to
schools and letting school counselors know of programs so that
they can keep their eyes on the veteran's children if they see
behavioral problems. So you really need to reach out across the
entire broad spectrum of our society.
And, a lot of times, the information, you cannot get it
directly to the veteran because our veterans, God bless them,
are stubborn; and they would not be good American GIs if they
were not stubborn because that is what gets the mission
accomplished. But, a lot of times, they are the last person to
admit that they need help and that they have a problem.
By getting information through whatever form that you can--
to their family members, their employers, the community--you
increase the likelihood that the veteran will eventually get
that information when he needs it. When he sits down and he
thinks, oh, I really need to go get some counseling, his wife
will have the flyer that was handed out at Sunday School or his
employer will ask if he knows that there are these services
from the State because the State has reached out to the
employer.
Senator Burr. I would urge you to be very imaginative as
you enter into this role as to how we communicate, again, not
just with veterans but with veterans' families who are
absolutely crucial in every case to the healing process, both
physically and mentally.
Let me assure you, in the professions we are in, if we are
called stubborn, that would be a generous thing than some of
the things we are typically called. [Laughter.]
Mr. Chairman, I will have several additional questions that
I will ask in writing to help clarify some of the information
on Committee's questionnaires, but at this time I would yield
the floor.
Chairman Akaka. Thank you very much, Senator Burr.
And now I would like to call on Senator Burris for your
questions.
Senator Burris. Thank you, Mr. Chairman.
Just a couple questions, Major. I think that this may not
necessarily fall under your jurisdiction or your title, but I
know that you have that aggressiveness and you and General
Shinseki are going to run that Department. Are you familiar
with the situation in Joliet, Illinois, where that hospital is
being vacated by the hospital owners, and the veterans are now
trying to get that hospital turned over to the Department of
Veterans Affairs so that those veterans in that area do not
have to go to Hines or to Jesse Brown or, God forbid, North
Chicago?
Are you familiar with that problem in Joliet at all?
Major Duckworth. I am familiar with it from my work as a
State Director but not from the Federal VA perspective.
Senator Burris. Would you be able to assist in any way in
your capacity, should you be confirmed, in seeing whether or
not we can get that hospital in Joliet turned into a veterans
hospital?
I understand it is a very modern facility. It is an updated
facility, and a lot of the veterans organizations are seeking
to have that hospital made into another veterans hospital so
that they will not have to commute those hour and 2 hours to
Hines or to Jesse Brown.
Major Duckworth. Well, the position that I am nominated
for, should I be confirmed, sir, will involve me aiding in the
discussions with the veterans in that community and
communicating the VA's criteria for new hospitals and also
getting input from them and having them have a source of
expressing their concerns. So I will certainly be glad to help
in that process of dialog.
Senator Burris. And, of course, coming from Illinois and
with your expertise, I am pretty sure you could get to the
other colleagues in the Department of Veterans Affairs and give
them a little nudge in that direction.
Second, I ran across another issue, Major, when I was
visiting Jesse Brown the other day--which this does not fall
under your category either--but the information that the
veterans do not have, and that is the dental care issue. This
question seems to come up, of how do we get information to the
veterans about what benefits they get in dental care. That
seems to be a major problem.
You might want to look at how you can promote, should you
get confirmed, better information to the veterans on what
dental care is available, because what your primary physicians
will tell you is that lack of dental care leads to other types
of medical problems. If you do not take care of your teeth,
then it is going to lead to all types of other health ailments.
And, third, we have a piece of legislation that is coming
about, and, Mr. Chairman, I do not know where we are with that
legislation, but it deals with the family, the care of how we
can get money to the those families also giving care to those
veterans, similar to the other caregivers. If a family member
has to leave his or her job to take care of that veteran, then
that family member should also be compensated as any other
caregiver would be compensated. We are hoping that we can get
that legislation passed.
So, I just hope that you would be instrumental in assisting
us in getting information out to veterans when we are working
on that piece of legislation to help those caregivers that, as
you said in your testimony, are so much needed and taking care
and giving them some peace of mind too, where someone is home
who is able to take care of them and keep them in their
environment.
Major Duckworth. Thank you, sir.
Senator Burris. Thank you, Mr. Chairman.
Chairman Akaka. Thank you very much, Senator Burris.
Major Duckworth, Senator Tester asked this in his opening,
and I want to give you an opportunity to answer it. How will
you handle those times when you personally disagree with a
policy under consideration by the Secretary?
Major Duckworth. Sir, should I be confirmed, I will become
an advisor to the Secretary, and I will be very up-front and
honest in expressing my opinion when asked on issues. When I
was Director of the State of Illinois Department of Veterans
Affairs, I valued most my advisors who said, here is what I see
as the reality, and I may not agree with you, but I am going to
stand up for what I think is right. And I hope to play that
role within the Secretary's cabinet.
I think one of the great things about being able to work
with General Shinseki--when he was nominated, I said I would go
mop floors for him if he asked me to--is that he is that kind
of a leader. He is that kind of a leader who wants input. He is
that kind of a leader who wants you to stand up and express
your frank opinion so that we can come to the best decision for
our veterans, and I hope to continue in that capacity with him.
Chairman Akaka. Thank you.
In your pre-hearing responses, Major Duckworth, you wrote
not only about how updated web-based resources are essential
but also how important it is to have a real live person
available to help. Do you believe that VA can do both and, if
so, how?
Major Duckworth. Yes, sir. There are many approaches that
the VA can take.
At the State level, we started our own hotline for Post
Traumatic Stress Disorder and Traumatic Brain Injury. When you
call that hotline at the State level, you actually reach a real
live counselor with a master's degree. You do not get a phone
tree. You do not get ``push nine,'' or whatever.
That is critical when veterans are calling these hotlines
asking for help because it is so easy to turn them off. And so,
we need to make sure that we train anybody that has direct
customer service contact working with veterans to make sure
that they understand the sensitivity of some of these issues.
I hope, should I be confirmed, to be part of that program
to review how the VA does things with customer service, review
how we interact with our veterans and make sure that we provide
the information that they need in the way that they need it
because you know we learned this from the Vietnam generation.
We had a whole generation of vets who came in, were not
treated with respect, perhaps did not get the message
correctly, so they turned around, and they walked away from the
VA for 30 years. For 30 years they suffered, and that is simply
not acceptable. If I am confirmed, I am going to make sure that
we do not do that to the post-9/11 vets.
Chairman Akaka. Just yesterday, the President signed into
law a new Serve America Act which expands the mission of the
Corporation for National and Community Service in a number of
ways. The new law includes the Veteran Service Corps that is
designed to help Active Duty servicemembers and veterans. Would
you please report back to the Committee within 30 days on your
efforts to reach out to the Corporation and your involvement in
this new program?
Major Duckworth. I will be happy to do so, sir.
Chairman Akaka. Well, thank you very much. This has been a
great hearing for the Committee.
Let me ask Senator Burris whether you have further
questions.
Senator Burris. I am fine, Mr. Chairman.
Chairman Akaka. Well, I want to thank you very much, Major
Duckworth.
Senator Burris. Just to congratulate our new nominee, and
we are going to make sure she gets confirmed, sir.
Major Duckworth. Thank you.
Chairman Akaka. Thank you very much. This Committee will
try its best to move your nomination and try to confirm it. We
will let the Committee and the Senate do that.
But thank you again for your full and open participation in
today's hearing. Your service to this country is greatly
appreciated, and we truly believe you will be an outstanding
voice for the Nation's veterans and their families in the role
of Assistant Secretary for Public and Intergovernmental Affairs
in the VA.
With this in mind, I would like to bring Major Duckworth's
nomination before the Committee and full Senate as soon as
possible.
As I said previously for Mr. Gould's nomination, I ask that
any post-hearing questions for Major Duckworth be sent to the
Committee's legislative clerk by this afternoon.
This has been a great hearing for us and for the country
and for the veterans. And I want to say thank you, mahalo nui
loa, for what you are and the responses you made and what you
will be for our veterans.
Major Duckworth. Thank you.
Chairman Akaka. This hearing is adjourned.
[Whereupon, at 11:20 a.m., the Committee was adjourned.]
A P P E N D I X
----------
Letter from Japanese American Veterans Association in Support of
Major L. Tammy Duckworth
PENDING NOMINATIONS
----------
WEDNESDAY, MAY 6, 2009
U.S. Senate,
Committee on Veterans' Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 9:01 a.m., in
room SR-418, Russell Senate Office Building, Hon. Daniel K.
Akaka, Chairman of the Committee, presiding.
Present: Senators Akaka, Burris, Burr, Isakson, and
Johanns.
OPENING STATEMENT OF HON. DANIEL K. AKAKA, CHAIRMAN,
U.S. SENATOR FROM HAWAII
Senator Akaka. For the information of all of you here
today, we have a long series of votes beginning around 10:40
this morning and I want to ensure that we have a full hearing.
This is the reason we are starting sooner than we had planned.
These nominations are important to us. With the Ranking
Member's cooperation, we are starting early here this morning.
It is my hope that we will be able to finish before the votes,
and that is my intent. Should we need additional time, I will
work with Senator Burr on finding another opportunity,
preferably this week. But, otherwise, we will try to do it
within the time before the votes.
That said, let me say good morning, aloha, and welcome to
today's hearing to consider four nominations for positions
within the Department of Veterans Affairs. This hearing will
come to order.
Roger W. Baker, to be Assistant Secretary for Information
and Technology; Will A. Gunn to be VA's General Counsel; Jose
D. Riojas to be Assistant Secretary for Operations, Security,
and Preparedness; John U. Sepulveda to be Assistant Secretary
for Human Resources and Management.
I am delighted to welcome all four nominees, and also your
families and friends that are here today.
Just a housekeeping note. After we have completed our
opening statements, I will introduce each of the nominees in
turn. Following my introduction, I will ask each to introduce
family and friends who are here today and then to make his
statement. Then, once all four nominees have been introduced
and have made their statements, we will begin with our
questions.
Each nominee, if confirmed, will play an integral role in
the overall management and day-to-day operations of VA, and we
are making every effort to put together the VA leadership team
so that you can begin to work on VA matters.
Mr. Baker, if confirmed, you will be VA's Chief Information
Officer. VA has suffered with continued failures in the ability
to deliver functional computer programs. Your challenge will be
to reverse that course. You will also need to work with the
Department of Defense to create a unified lifetime electronic
health record for members of the armed services, and you will
be responsible for resolving any IT issues as VA works to
implement the Post-9/11 GI Bill.
Mr. Gunn, if confirmed, you will be responsible for
proactive legal advice and representation of the Department.
Given your experience in the Judge Advocate General Corps, I am
confident that you possess the leadership ability to manage the
decentralized VA legal system. You will be looked upon to
provide a comprehensive evaluation of legislation both
introduced in the Congress and proposed by VA for its legal
basis and impact.
Mr. Riojas, if confirmed, you will be responsible for
coordinating VA's emergency management, preparedness, security,
and law enforcement activities. These activities affect
veterans on a daily basis, providing for the security of VA
facilities, employees, veterans receiving care, and visitors
alike. The important task of preparing and coordinating VA's
response to war, terrorism, national security matters, and
natural disasters while ensuring continued service to veterans
will also be yours. VA has a fine record of emergency
preparedness. I trust this will remain the case under your
watch.
Mr. Sepulveda, if confirmed, you will have the task of
managing VA's human resources activities during a period when
there are many VA employees who are retirement-eligible. Your
experience at the Office of Personnel Management, coupled with
your general management experience, suggests that you have the
qualifications for taking on the massive challenges of this
office. When carrying out your responsibility with regard to
VA's labor-management relations, I ask that you appreciate the
unique relationship that VA employees have with the veterans
they serve. This relationship goes beyond the bottom line and
is based upon maintaining a workforce, many of whom are
veterans themselves, that has a sense of service and
dedication.
I thank you all for being here today and look forward to
your testimony.
I have the privilege this morning to introduce the four
nominees.
Roger W. Baker is the President's nominee for Assistant
Secretary for Information and Technology. Mr. Baker has 30
years of experience working in the field of information and
technology, including as Chief Information Officer at the
Department of Commerce from 1998 to 2001. Prior to joining the
Federal Government, Mr. Baker had an extensive career with
software and IT firms, including leading the development of
Internet and online banking systems at VISA International. He
has also been a senior technology management executive at CACI
and at General Dynamics. In addition to his B.S. degree in
Computer Science, he has a Master's in Business Administration
from the University of Michigan.
Mr. Baker, please introduce your family and friends who are
here today, and when you are done, please begin with your
statement.
Mr. Baker. Thank you, Mr. Chairman. I am joined by my wife,
Karen, and my son, Alex, currently in college at Old Dominion;
friends Bob and Ruth Guerra, Robin and Dan Matthews, Phil
Kiveat. And I would really like to thank the members of the
Department of Veterans Affairs, in particular, the Office of
Information Technology that have joined us today to listen to
the testimony and the hearing.
Senator Akaka. Thank you. Welcome, and good to have your
family and friends here.
STATEMENT OF ROGER W. BAKER, NOMINEE TO BE ASSISTANT SECRETARY
FOR INFORMATION AND TECHNOLOGY, U.S. DEPARTMENT OF VETERANS
AFFAIRS
Mr. Baker. Thank you Chairman Akaka and Members of the
Committee on Veterans' Affairs. It is an honor to appear before
you today and to have been asked by Secretary Shinseki and
President Obama to serve our Nation's veterans.
I am a technologist and a technology manager. I attended
one of our country's finest universities and have worked for
some of our country's best companies. Most of my professional
career has been in the private sector, where I have had the
opportunity to work at the forefront of high-technology
industries, including in software development and Internet
banking, as you have mentioned.
While many of my friends and members of my family have
served in our country's military, I reached military age during
a time of peace. I have been blessed throughout my life to live
in the comfort and security made possible by the service and
sacrifices of our Nation's veterans. I was honored to accept
President Obama's nomination to work for Secretary Shinseki and
Deputy Secretary Gould and, if confirmed by the Senate, to use
my skills to serve the veterans whose sacrifices have made the
good life I lead possible.
The Assistant Secretary for Information and Technology at
the Department of Veterans Affairs is a challenging position.
VA IT is one of the largest single consolidated IT
organizations in the world, rivaling or exceeding that of most
of the Fortune 20 largest companies. Veterans Affairs has faced
a number of highly public technology challenges over the last
few years, including the loss of veterans' information and
failed systems development programs.
The consolidation of VA's IT assets into a single
organization, which has largely been completed over the last 2
years, provides a starting point for addressing those
challenges, but the road ahead is long and is unlikely to be
incident free. If confirmed, I recognize that I will probably
have many ``bonding opportunities,'' as we call them in the
private sector, with the Members of this Committee and your
staff. Mr. Chairman, I commit to you that you will find me
open, earnest, and honest when we have those opportunities to
have frank discussions.
President Obama and Secretary Shinseki have expressed a
compelling vision of a 21st century VA: a VA that delivers
proactive, efficient services to veterans when, where, and how
they want them; a virtual lifetime electronic record that
supports a seamless transition from servicemember to veteran;
an electronic VA that uses all the information available to it
to maximize benefits and minimize waiting times and backlog;
and a transformed VA that turns the veterans' experience from
one of delay to one of delight.
To achieve the President's and the Secretary's vision, VA
must have a strong information technology capability. The VA IT
organization must be able to reliably develop and operate the
technology solutions that will enable the transformation of VA
business processes.
I know there is no easy path, no simple answer, and no
shortcut solution to creating a strong IT capability at VA.
Achieving this will require hard work, disciplined management,
and honest communications. But with the IT consolidation as a
starting point, I believe that VA can achieve a substantial
strengthening of its IT capabilities over the next 4 years. My
guiding vision is that VA, and the veterans we serve, should
have the best IT organization in the Federal Government.
In conclusion, if this Committee chooses to confirm me, I
am committed to doing my utmost to transform the Department
into a 21st century organization, focused on the Nation's
veterans as its clients, and providing them with the level of
service that they have earned through their service and
sacrifices they have made to our country.
Thank you.
[The prepared statement of Mr. Baker follows:]
Prepared Statement of Roger W. Baker, Nominee to be Assistant Secretary
of Information and Technology, U.S. Department of Veterans Affairs
Thank you Chairman Akaka, Senator Burr, and distinguished Members
of the Committee on Veterans' Affairs. It is an honor to appear before
you today, and to have been asked by Secretary Shinseki and President
Obama to serve our Nation's veterans.
I am a technologist and a technology manager. I attended one of our
country's finest universities, and have worked for some of our
country's best companies. Most of my professional career has been in
the private sector, where I have had the opportunity to work at the
forefront of high-technology industries including software development
and Internet banking.
While many of my friends and members of my family have served in
our Country's military, I reached military age during a time of peace.
I have been blessed throughout my life to live in the comfort and
security made possible by the sacrifices of our Nation's veterans. I
was honored to accept the President's nomination to work for Secretary
Shinseki and Deputy Secretary Gould, and, if confirmed by the Senate,
to use my skills to serve the veterans whose sacrifices have made the
good life I lead possible.
The Assistant Secretary for Information and Technology at the
Department of Veterans Affairs is a challenging position. VA has faced
a number of highly public technology challenges over the last few
years, including the loss of veteran's information and failed systems
development programs. While the consolidation of IT assets completed
over the last two years, provides a starting point for addressing those
challenges, the road ahead is long and unlikely to be incident free. If
confirmed, I recognize that I will have the opportunity for many
``bonding opportunities,'' as we say in the private sector, with the
Members of this Committee. Mr. Chairman and Members of this Committee,
I commit to you that you will find me earnest, open, and honest when
those ``opportunities'' arise.
President Obama and Secretary Shinseki have expressed a compelling
vision of a 21st Century VA:
a VA that delivers pro-active, efficient services to
veterans where, when, and how they want them;
a virtual lifetime electronic record that supports a
seamless transition from servicemember to veteran;
an electronic VA that uses all the information available
to it to maximize benefits and minimize waiting times and backlog;
a transformed VA that turns the veterans' experience from
one of delay to one of delight.
To achieve the President's and the Secretary's vision, VA must have
a strong information technology capability. The VA IT organization must
be able to reliably develop and operate the technology solutions that
will enable the transformation of VA business processes.
There is no easy path, no simple answer, and no short-cut solution
to creating a strong IT capability at VA. Achieving this will require
hard work, disciplined management, and honest communications. But, with
the IT consolidation as a starting point, I believe that VA can achieve
a substantial strengthening of its IT capabilities. My guiding vision
is that VA, and the veterans we serve, should have the best IT
organization in government.
In conclusion, if this Committee chooses to confirm me, I am
committed to doing my utmost to transform the Department into a 21st
century organization, focused on the Nation's veterans as its clients,
and providing them with the level of service that they have earned
through their service and sacrifices for our country.
Thank you.
______
Response to Pre-Hearing Questions Submitted by Hon. Daniel K. Akaka to
Roger W. Baker, Nominee to be Assistant Secretary of Information and
Technology, U.S. Department of Veterans Affairs
Question 1. Please describe your vision for VA's Information and
Technology system. How do you plan to integrate the competing desires
of the separate Administrations within the framework of an overall VA
strategic IT plan?
Response. To achieve the Secretary's vision and transform the
Department into a 21st century organization, VA must have a strong
information technology capability. VA must be able to create and
operate technology solutions that enable the Administrations to
transform their business processes and deliver pro-active, efficient
services to veterans where, when, and how they want them. My guiding
vision for IT's role in that transformation is that VA should have the
best IT organization in government, and should constantly benchmark
itself with industry-leading organizations.
As a former private sector CEO, dealing with competing interests
has been a daily occurrence for me. A fundamental first step is
ensuring that my organization can be relied upon to deliver on the
commitments it makes to its internal customers. A second step is to
look for synergistic investments that benefit multiple customers.
Finally, hard decisions inevitably have to be made. My approach to
making the hard decisions is to communicate with all affected parties,
to discuss tradeoffs, to make a decision if consensus can be reached,
and to recommend a decision if the decision needs to be elevated.
Question 2. If confirmed, what will be your top priorities for the
office you will oversee, and what can Congress do to assist you in your
new role?
Response. If confirmed, my recommendation to Secretary Shinseki and
Deputy Secretary Gould is that my top priorities should be:
Ensure that a customer service culture exists within IT,
clearly communicating that IT exists to help VHA, VBA, and NCA serve
our veterans.
Continuously increase operational systems reliability and
security, eliminate operational errors, and establish and publish
metrics for all systems that can impact the business;
Address and correct the systems development process so
that it can be relied upon to deliver functional systems on time and on
budget.
Communicate with employees and internal customers; ensure
that an open, constructive communication environment exists both inside
IT and with internal customers;
Value employee skills and abilities; ensure employees are
valued based on their abilities, and that skill gaps are addressed
through appropriate training.
Ensure that our vendor partners are treated as partners,
helping IT bring the best private sector technologies to bear on the
problems faced by VA.
If confirmed, I plan to communicate extensively with Congress, both
about ongoing issues and about opportunities and approaches that my
organization may be considering. I will appreciate your candid feedback
as I work to create a stronger IT capability at VA.
Question 3. What lessons did you learn during your tenure as Chief
Information Officer at the Department of Commerce that you hope to
bring to your new position at VA?
Response. For a private sector executive coming into government,
there are numerous surprises encountered in learning an entirely
different ``system.'' Acquisition, personnel, hiring and other
processes are substantially different from the private sector, and
create real barriers to progress until they are understood. Clearly, my
tenure at Commerce gave me the opportunity to learn those lessons so
that I can apply them immediately, if confirmed, at VA.
At Commerce, I also learned how to move a large governmental
organization toward accepting changes that are needed. Working with
people throughout the Department, I was able to gain acceptance and
approval of a new IT management structure that was needed to address
security and other gaps existent at the time.
Finally, I learned that the key asset I could bring to the
organization is a high level of expectation of how things should be. By
not accepting the status quo, and by consistently pushing programs to
research and understand the market-leading approaches to solving
similar problems, I was able to elevate the quality of solutions
provided across the organization.
Question 4. How has your private sector work experience prepared
you for the position for which you are now nominated?
Response. The most important thing I bring from my private sector
experience is an expectation level for the role IT can play in
organizational success. In my private sector experience, IT has been
key to bringing new opportunities to the business, and was frequently
the instigator of positive change. As a member of Secretary Shinseki's
team at VA, one of my roles will be to understand and describe the art
of the possible with technology, and how it can be used to improve the
services VA provides.
Question 5. How would you describe your management style and how is
it suited for this particular position?
Response. I have a collaborative management style. I believe in
management by walking (and traveling) around. I believe that the
combined knowledge of the organization I manage is greater than my own,
and that my job is to get the best results possible from that
knowledge. I am a customer service oriented manager, and I like to talk
to the customers and clients of my organization to understand how our
work and policies are affecting them.
Question 6. While working in the private sector, did you, or the
companies that employed you, ever directly work with VA? Are there any
residual connections with prior employers that could present an
appearance of a conflict of interest? If yes, what will you do to
remove any such apparent conflicts?
Response. CACI, General Dynamics, and Dataline all have or have had
business dealings with VA. Because my employment with Dataline was
within the last two years, I will recuse myself from any issues in
which Dataline is involved. Other than friendships with former co-
workers, I have no ties to any of my former employers.
Question 7. The position of Assistant Secretary for Information and
Technology requires cross-Departmental collaboration with the Under
Secretaries, Assistant Secretaries, and other key officials. Can you
please describe previous experiences that have prepared you for this?
Response. Most of my professional career has been spent in
positions that required extensive collaboration in order to succeed. As
an executive in high-technology, high-growth companies, my success, and
the success of the company, often hinged on the ability of the
executive team to work through difficult issues together despite
frequent sharp disagreements.
My collaborative management style was clearly on display at the
Department of Commerce, as we worked through tough technology
management issues with the Census, the Weather Service, and numerous
other organizations. While I clearly expressed my views, and frequently
made decisions that were not what my peers had argued for, my open
style and clear ``good government'' agenda avoided creating animosity
that would hinder future working relationships.
Question 8. The Assistant Secretary for Information and Technology
has responsibility for Department-wide IT budget formulation. How would
you take into account the needs of the three Administrations while
formulating the budget and ensure that the amounts requested are
aligned with the Department's IT strategic plan? How would you gather
input from the various Under Secretaries?
Response. As a partner with the Under Secretaries in delivering
effective services to veterans, I anticipate frequent discussions on
how my organization can better serve their needs and help them serve
their clients. I anticipate soliciting their input throughout the year
and using that input, along with their formal input during the budget
cycle and the established governance and selection processes of the
Department, to help shape the IT investments recommended to Secretary
Shinseki and Deputy Secretary Gould. During the budget cycle, I will
work with all concerned to establish a prioritized list of investments
for each Administration, and across VA.
Question 9. The Assistant Secretary for Information and Technology
oversees the cyber and information security program. After the highly-
publicized data theft in May 2006, and the Unisys computer loss in
August of that same year, there continue to be ongoing incidents
reported monthly to Congress. What changes do you believe can be made
to better protect the security of veterans' personal information?
Response. Information security is fundamentally a matter of
processes, controls, and awareness. VA has made great strides since the
IT centralization toward controlling access to sensitive information,
strengthening the controls over the processing, storage, and
transmission of that information, and increasing awareness of
information security responsibilities among the employees of VA.
At General Dynamics and at Visa, I was responsible for
organizations that had very strong information security programs. These
programs constantly reviewed evolving threats and vulnerabilities,
researched the best available approaches to reducing the threat, and
implemented solutions that worked for the business. If confirmed, I
anticipate looking at the IT security programs at other large
organizations, in healthcare, insurance, technology, government, and
other areas, and incorporating many of the approaches of these
organizations into what VA does.
Question 10. VA has attempted to manage its IT functions in various
ways over the years. What is your vision of the appropriate way to
most-effectively manage VA's IT functions?
Response. Effective IT is essential to the success of VHA, VBA, and
NCA in their mission to provide services to our Nation's veterans. I am
not ``married'' to any particular structure for managing IT, but will
always look for ways in which the organizational structure can better
support efforts to improve the results of our IT investments.
With that said, I believe that the centralization of IT at VA was
essential to improving the results of VA's IT expenditures.
Centralization provides a starting point that allows institution of
standards, processes, and disciplines that will increase the control,
innovation, and results of IT investments. If confirmed, one of my main
tasks will be to advise Secretary Shinseki and Deputy Secretary Gould
on changes, organizational or other, that will improve the results of
VA's IT investments.
Question 11. On April 9, 2009, President Obama stated that VA and
DOD ``have taken a first step toward creating one unified lifetime
electronic health record for members of our armed services that will
contain their administrative and medical information--from the day they
first enlist to the day that they are laid to rest.'' What is your
evaluation of the current state of VA and DOD's ability to deploy
electronic medical records that are interoperable, bidirectional, and
standards-based? How do you intend to work with DOD to ensure that a
streamlined transition of health records from DOD to VA becomes a
reality?
Response. It is my understanding that a substantial amount of
electronic records, both personnel and health, are currently exchanged
between DOD and VA. I believe that the measure of success in this area
is whether all needed information is available to the service provider,
in a usable format, at the point of service. In other words, the
purpose of interoperable records is not to exchange information, but to
improve our services to the servicemember and veteran.
If confirmed, I will work closely with members of the DOD, the
Joint Executive Committee, the Senior Oversight Committee, Secretary
Shinseki and Deputy Secretary Gould, and others, to ensure that
appropriate technologies are brought to bear as we work to create a
lifetime electronic health record.
Question 12. VA faces a number of substantial issues as it works to
implement the Post-9/11 GI Bill, a great many of which are related to
IT. What will your role be in terms of both the short-term and long-
term initiatives that VA has developed?
Please conduct a quick review of the status of VA's efforts to
implement the new program and report back to the Committee within 30
days of your installation as to whether you have identified any
additional IT needs or any problems that need to be addressed.
Response. If confirmed, I will use my experience in building and
delivering financial transaction systems to suggest steps that can
further increase our confidence in our success. However, with less than
90 days remaining, my contributions to meeting that date will be
limited. If confirmed, I will provide the Secretary and Congress,
within 30 days, with my best assessment of any issues that may arise
and possible mitigation strategies.
Longer term, I will review the approach to the proposed ``long-
term'' solution, and pay close attention to the project plan for the
on-time delivery of that system to VA.
Question 13. Earlier this month, VA leadership briefed Secretary
Shinseki and congressional staff on the failure of the Replacement
Scheduling Application (RSA) Development Program. This is just one
example of many IT programs that VA invested millions of dollars and
years of work into and has arguably nothing to show for it. If
confirmed, what would you do to get this and other failed programs on
track and fully operational?
Response. The technology organizations I ran at Visa and General
Dynamics had substantial success in delivering new programs on time and
on budget. While the approach to achieving that success should vary
depending on organizational needs, three aspects common to a successful
development organization are schedule discipline, frequent deliveries
to internal customers, and well understood development and delivery
processes.
I understand that Secretary Shinseki has ordered a full review of
the programs in the VA development portfolio. If confirmed, I expect to
quickly contribute to and review the results of the ongoing review,
establish a plan, consult with stakeholders, brief Secretary Shinseki,
Deputy Secretary Gould, and congress, and take any actions required to
ensure that failures like the RSA Development Program cannot happen.
Question 14. Some of the reasons that VA wasted 8 years and more
than $120 million before admitting failure with RSA were the use of
time-and-materials contracts and the divergence between business
requirements and project outcomes. What do you see as the appropriate
way to plan, manage, and monitor projects that are worked on by
contractors?
Response. Contractors must be managed and held to the same
schedule, delivery, and process discipline required of a successful
internal program. The contract vehicles through which contractor
products and services are obtained must provide the government with the
ability to monitor, motivate, reward, and terminate the contractor's
work based on the quality of their performance. From my brief exposure
to the RSA system issue, a primary contributing factor to its failure
appears to be the Department's unwillingness to openly and honestly
deal with the fact that it was failing. With the support of Secretary
Shinseki and Deputy Secretary Gould, I am committed to establishing a
culture of open communication, a program management process that
exposes failing programs early, and to dealing with problem programs
expeditiously.
Question 15. Secretary Shinseki has said that he is committed to
fulfilling President Obama's vision for transforming the Department of
Veterans Affairs into a 21st century organization. Historically, VA has
had one of the worst IT records in government and is criticized for
using outdated technology. As Assistant Secretary, in support of the
Secretary's commitment, what would you do, that has not already been
done, to achieve this goal?
Response. With the help of the Senate, VA has consolidated its IT
capabilities over the last two years. That consolidation provides the
starting point to address the IT issues created over the last 50 years.
There is no quick fix that will rapidly resolve all of VA's IT issues.
However, if confirmed, I will provide consistent, experienced IT
management; communicate and enact a simple yet strong improvement
program; focus on creating an open and honest work environment; and
require constant improvement as key parts of my effort to have a long-
term positive effect on the results of the VA IT organization.
Question 16. Secretary Shinseki identified that reshaping the way
VA handles IT is key to transforming VA. However, multiple reports and
investigations over the last few years have stated that within VA there
is a culture of resistance to change. If confirmed, what do you believe
you will be able to do to overcome this resistance to change so as to
promote the success of this transformation?
Response. Communication is key to helping an organization change.
If confirmed, I intend to proactively support and communicate Secretary
Shinseki's and Deputy Secretary Gould's vision of a 21st Century VA,
communicate the role IT plays in that vision, help the people in the IT
organization understand the role they play in achieving that vision,
and help the organization understand the positive impact that vision
can have on the lives of our Nation's veterans. Through management
actions, I will also compel change in certain areas of IT where the
lack of change is impacting the quality of services we provide.
Question 17. At my request, the VA's Office of the Inspector
General is in the midst of an investigation of alleged mismanagement
and illegal hiring practices within OIT. What do you believe you might
be able to do so as to address personnel problems within OIT?
Response. My previous experience with addressing personnel issues
has been that leadership must communicate and enforce high expectations
for ethics, interpersonal interaction, and professional conduct. If
confirmed, and within the bounds of the applicable personnel systems, I
intend to hold myself and my staff to high standards.
Question 18. Do you agree to supply the Committee with such non-
privileged information, materials, and documents as may be requested by
the Committee in its oversight and legislative capacities for so long
as you serve in the position of Assistant Secretary for Information and
Technology?
Response. Yes. If confirmed, I will be providing Secretary
Shinseki, Deputy Secretary Gould and the VA Chief of Staff with regular
briefings on the issues facing VA IT, and will work to make sure that
information requested by the Committee is provided in a timely manner.
Question 19. Do you agree to testify before the Committee at
hearings if the Committee requests your presence?
Response. Yes.
______
Response to Pre-hearing Questions Submitted by Hon. Richard Burr to
Roger W. Baker, Nominee to be Assistant Secretary for Information and
Technology, U.S. Department of Veterans Affairs
Question 1. In testimony for his nomination hearing earlier this
year, now Deputy Secretary Gould stressed the importance of
transforming VA into a 21st century organization and the important role
information technology solutions will play in that process.
A. What do you see as the greatest challenges in this
transformation?
Response. As with changing any large organization, the greatest
challenge in VA's transformation will be organizational change
management. Training and convincing staff to embrace new ways of
working will have impacts across the organization, including in IT. The
greatest IT challenge will be establishing a strong IT capability that
can reliably deliver the technologies needed for transformation on
schedule and on budget.
B. How has your background prepared you to deal with those
challenges?
Response. I have dealt with transformational technologies at a
number of organizations, including at Visa and General Dynamics. I
understand that communicating a vision of the transformed organization,
and helping individuals understand their role in both the
transformation and in the new environment, is key to achieving
acceptance for new technologies. I also understand how to build a
strong IT organization, including the disciplines required to bring
programs in on schedule.
C. In general, what would you hope to accomplish during your
tenure?
Response. My goal is that, by the time I leave, the VA IT
organization is recognized as being well along the path to becoming the
best IT organization in government. As part of this progress, we will
have delivered many of the technology improvements to help transform
the operations of the VA to meet the Secretary's vision of a 21st
Century VA.
Question 2. A 2008 Industry Advisory Council Transition Study Group
report that you co-authored contains this statement: ``Today,
government is challenged to keep pace with the private sector, lagging
an average 10 to 15 years behind in incorporating the latest
technologies and processes to improve mainstream operations.''
A. What is your general assessment of the state of the technology
at VA?
Response. VA is significantly behind where I would expect a similar
size private sector organization to be. Like most Federal
organizations, VA is slow to embrace new technologies and processes,
and does not benchmark itself versus good private sector organizations
to determine where gaps exist. As noted in question 3 below, VA has a
track record of poor performance on development programs, and has only
recently (within two years) begun implementation of a robust IT
security program. Only since the IT consolidation have they begun to
consolidate their data center operations from numerous small centers
into a few large ones. In short, there are many areas where VA can use
existing technologies already proven in good private sector
organizations to improve itself.
B. What steps would you take to improve the information technology
at VA and how would you prioritize any necessary changes?
Response. If confirmed, my recommendation to Secretary Shinseki and
Deputy Secretary Gould is that my top priorities and initial steps
should be:
Ensure that a customer service culture exists within IT,
clearly communicating that IT exists to help VHA, VBA, and NCA serve
our veterans.
Continuously increase operational systems reliability and
security, eliminate operational errors, and establish and publish
metrics for all systems that can impact the business;
Address and correct the systems development process so
that it can be relied upon to deliver functional systems on time and on
budget.
Communicate with employees and internal customers; ensure
that an open, constructive communication environment exists both inside
IT and with internal customers;
Value employee skills and abilities; ensure employees are
valued based on their abilities, and that skill gaps are addressed
through appropriate training.
Ensure that our vendor partners are treated as partners,
helping IT bring the best private sector technologies to bear on the
problems faced by VA.
Question 3. VA has experienced significant information technology
problems in recent years. In fact, it recently came to light that VA
has spent over $120 million on the Replacement Scheduling Application
and has produced nothing of value.
A. What precautions do you believe are necessary to prevent
taxpayer dollars from being wasted on failed information technology
initiatives?
Response. All systems development programs must be constantly
measured for adherence to schedule. Any variances must be communicated
and understood, along with their long-term impact. The organization
must deal honestly with its failures, and be willing to stop work on
programs where results are no longer certain.
B. How has your background prepared you to institute and uphold
policies to prevent these types of failures in the future?
Response. In my private sector positions, I have been consistently
held responsible for meeting my commitments to my management, our
customers, and our employees, and for communicating honestly about my
status toward achieving those commitments. I expect to hold the VA IT
organization to the same expectations. For example, at General
Dynamics, I committed to my management that we would cut internal IT
costs by 20% in one year without impacting service. I reported monthly
on our progress to the President of the company, and was expected to
provide a detailed review of where costs had been cut and how. I
understood that if I provided misleading information, I would be
removed from my position, and probably fired.
______
Response to Post-Hearing Questions Submitted by Hon. Daniel K. Akaka to
Roger W. Baker, Nominee to be Assistant Secretary of Information and
Technology, U.S. Department of Veterans Affairs
Question 1. The Senate Committee on Veterans' Affairs received an
update briefing from OIT at the end of March 2009 regarding VA (CPRS)
compliance with Section 508 of the Rehabilitation Act. Please report
back to this Committee in the next 60 days with what you determine to
be the latest status of the 508 compliance issue.
Response. I will do so.
[See follow-up letter dated June 18, 2009, below.]
Question 2. In an answer to one of my pre-hearing questions, you
stated that one of your top priorities is, to ``[c]ommunicate with
employees and internal customers,'' ensuring that an open, constructive
communication environment exists both inside IT and with internal
customers. How do you plan to create that type of environment?
Response. The most important aspect will be to demonstrate a
personal openness to discussion, soliciting views from employees and
customers and incorporating them into my thinking. I will also work to
foster a management environment where we don't ``shoot the messenger,''
allowing staff to self-report on bad news without fearing
repercussions.
Finally, I will identify management techniques that ensure that IT
staff are motivated to communicate with customers and ensure that they
are being well served.
Question 3. As Chairman of the Subcommittee on Oversight of
Government Management and the Federal Workforce of the Homeland
Security and Governmental Affairs, I am deeply committed to making far
greater use of telecommuting opportunities throughout the Federal
workplace. What are your thoughts on how IT may factor into a plan,
especially ensuring the security of sensitive information, if VA
expands its telecommuting policy?
Response. I am a strong supporter of telecommuting and virtual
workforce capabilities, and will work within VA to ensure that we
provide the technical capabilities that allow anyone who is authorized
to work remotely to do so. Having worked for a number of ``virtual
companies'' in the private sector, I will be an internal advocate for
allowing employees to work remotely. While much of the mission of VA
must be accomplished in its hospitals and clinics, IT can provide the
tools to allow many parts of the organization to work from remote
locations on a permanent, regular, occasional, or emergency basis.
Standard practice for securing sensitive information for remote
workers is to require that they be issued government-owned equipment,
subject to standard encryption and protection rules, in order to be
able to access government networks. Security, while always an area of
significant focus, should not be an obstacle that limits telework
opportunities.
Question 4. Committee Staff recently conducted a prosthetics
oversight visit at the Richmond VAMC. One of the topics discussed
during this visit was the staff's use of IT in the day to day
operations. The prosthetics' staff finds the databases they use to
update the National Prosthetics Patient Data base (NPPD), track work
orders, and monitor inventory are cumbersome and not very ``user-
friendly.'' In some cases, they claim they have to input the same
information into multiple places which is time consuming and tedious.
Since you have stated that you are a ``consumer service oriented
manager,'' do you plan to talk with the staff at the VAMCs, like
Richmond, and listen to their concerns with the current systems?
Response. Yes. If confirmed I plan to make regular visits to VA
field facilities to talk to front-line employees and customers. My goal
is to stay as grounded as possible in the reality that our employees
and customers face every day.
[Mr. Baker's follow-up to Question 1 from Hon. Daniel K.
Akaka follows:]
[The Committee questionnaire for Presidential nominees from
Mr. Baker follows:]
[A letter from the Office of Government Ethics follows:]
[Letter from Mr. Baker to the Office of General Counsel,
U.S. Department of Veterans Affairs:]
Senator Akaka. Thank you very much, Mr. Baker.
I want to now welcome Will A. Gunn. Colonel Gunn has been
nominated to be VA's General Counsel and is currently an
attorney representing military members and veterans in private
practice in Northern Virginia.
Colonel Gunn is a graduate of the United States Air Force
Academy and graduated with honors from Harvard Law School. He
also has a Master of Law degree in Environmental Law from the
George Washington University School of Law and a Master of
Science degree in National Resource Strategy from the
Industrial College of the Armed Forces.
We welcome you, Colonel Gunn, and would ask you to
introduce your guests. When you are done, please begin with
your statement.
Colonel Gunn. Thank you, Chairman Akaka. I believe, if I am
not mistaken, my guests are en route for the most part.
However, one of my fellow alumni from the Academy, Mr. Gary
Kao, joins me today. So, I am pleased with respect to that.
Senator Akaka. Welcome.
STATEMENT OF WILL A. GUNN, COLONEL (RET.), U.S. AIR FORCE,
NOMINEE TO BE GENERAL COUNSEL, U.S. DEPARTMENT OF VETERANS
AFFAIRS
Colonel Gunn. Chairman Akaka and other Members, I would
just like to thank you for scheduling this hearing today.
I am honored by President Obama's and Secretary Shinseki's
choice to nominate me for the position of General Counsel in
the Department of Veterans Affairs. I greatly appreciate the
confidence that they have in me to help accomplish their vision
of transforming this Department into a 21st century
organization. I look forward to the opportunity, and I consider
it a sacred trust.
I believe my professional and life experiences have well
prepared me to serve as the General Counsel for Veterans
Affairs. You see, veterans hold a special place in my heart. I
am named after one of my mother's brothers who died in the
Korean War, and my wife, Dawn, she and I are both veterans, and
veterans do hold a very special place in our hearts. Her
father, for instance, was an enlisted man in the Army during
World War II, and he served as an officer in the Korean War. In
addition to that, a lot of other family members have also
served in the military.
Chairman, I put on the military uniform for the first time
33 years ago when I entered the Air Force Academy in the summer
of 1976. At that time I was part of the class of 1980, which
was the first Academy class with women. I graduated 4 years
later with military honors and was commissioned as a second
lieutenant. I then served as an admissions advisor in the
Academy's Office of Minority Affairs, and I later spent 2 years
as a contract negotiator. I was then blessed to attend Harvard
Law School, and while I was there, I was elected President of
the Harvard Legal Aid Bureau, an organization that provided
legal services to low-income individuals.
After graduating from Harvard in 1986, I spent the next 19
years in a variety of challenging and rewarding assignments as
a member of the Air Force JAG Corps. I prosecuted cases; I
defended military members; I represented the Air Force in
Federal court; and I served as a White House Fellow. I also
taught as a JAG School instructor and served as a supervising
attorney in several settings. For example, I was the staff
judge advocate for Pope Air Force Base in North Carolina, and I
served as Chief Defense Counsel for Air Force defense counsel
over an 11-State area. I then went on to serve as the Executive
Officer to the Air Force Judge Advocate General, which
essentially meant that I was the chief of staff for a
department with over 1,000 attorneys.
I concluded my military career as the first ever Chief
Defense Counsel in the Office of Military Commissions with the
responsibility of establishing a defense function and
effectively representing the detainees at Guantanamo Bay,
Cuba--those that were brought before military commissions.
In addition to my military service, last year I established
my own law firm to focus on military law so that I could
provide service to military members and veterans.
My first exposure to the Department of Veterans Affairs
came in 1990 when, as a White House Fellow, I was assigned as a
White House liaison to VA's Office of the Secretary. During
that year, I gained an appreciation for several issues
affecting the Department, and I have followed these issues from
afar over the years.
If confirmed, I will join President Obama and Secretary
Shinseki in their efforts to transform VA into a 21st
organization that is more people-centric, results-oriented, and
forward-looking than ever before. In addition to my being a
veteran and my awareness of some of the issues affecting the
Department, I would like to say that I am also committed to
developing leaders--a function that will be critical to
transforming the Department. Moreover, when I served in the Air
Force, the service endorsed the values of integrity first,
service to others before self, and excellence in all we do. I
went on to adopt those values as my own personal guide stars,
and I am going to bring those values with me to the Department
of Veterans Affairs.
In conclusion, if I am confirmed, I will join a Department
that has, for more than 75 years, cared for the men and women
who have fought this Nation's battles. I look forward to
working closely with the Members and staff of this Committee to
address issues affecting veterans and their families. I also
look forward to working with the Veterans Service Organizations
and VA's other stakeholders in order to advance the President's
and the Secretary's vision for a 21st century VA.
Thank you very much.
[The prepared statement of Mr. Gunn follows:]
Prepared Statement of Will A. Gunn, General Counsel Nominee,
U.S. Department of Veterans Affairs
Chairman Akaka, Senator Burr, Distinguished Members of the Senate
Committee on Veterans' Affairs: Thank you for scheduling this hearing
so expeditiously to consider my nomination as General Counsel of the
Department of Veterans Affairs.
I am honored and humbled by President Obama's appointment to serve
as VA's General Counsel and I greatly appreciate the confidence that
the President and Secretary Shinseki have in me to help accomplish
their vision of transforming VA into a 21st century organization. I
consider this a sacred trust.
I believe my professional and life experiences have prepared me
well to serve as the Department's general counsel. The military and
veterans hold a special place in my heart and in the hearts of my
family members. I am named for one of my mother's brothers who died in
the Korean War. My wife's father served as an Army enlisted man in
World War II, and as an officer in Korea. In addition, many other
family members have served this Nation through military service. I
first put on a United States military uniform in the summer of 1976
when I graduated from high school and entered the Air Force Academy as
part of the class of 1980--the Academy's first class with women. Four
years later, I graduated with military honors and was commissioned as a
second lieutenant. I then served as an admissions advisor in the
Academy's Office of Minority Affairs and later spent two years as a
contract negotiator. I was then blessed to attend Harvard Law School
through the Air Force's Funded Legal Education Program and I graduated
cum laude from Harvard in 1986.
After law school, I was proud to spend the next 19 years in a
variety of challenging and rewarding assignments as a member of the Air
Force JAG Corps. I prosecuted cases, defended military members,
represented the Air Force in Federal court in military personnel
disputes, served as a White House Fellow, taught as a JAG School
instructor, and served as a supervising attorney in several settings. I
was the staff judge advocate (principal legal advisor and supervising
attorney) for Pope AFB in North Carolina, Chief Defense Counsel for Air
Force defense counsel over an eleven state area in the center of the
country, Executive Officer (Chief of Staff) for the Air Force Judge
Advocate General, and in my last military assignment I was asked to
serve as the first Chief Defense Counsel in the Office of Military
Commissions with the responsibility of establishing a defense function
and providing effective representation for Guantanamo detainees brought
before military commissions.
Since retiring from the military in 2005, I have served as
President and CEO of Boys and Girls Clubs of Greater Washington, one of
the largest affiliates of Boys and Girls Clubs of America. In addition,
last year, I established my own modest law firm to focus on military
law and I have represented members of the military, veterans, and
civilians working for or with the Federal Government.
My first exposure to the Department of Veterans Affairs occurred in
1990 when, as a White House Fellow, working in the White House Office
of Cabinet Affairs, I was assigned responsibility to serve as a liaison
to the VA's Office of the Secretary. Over the course of that year, I
gained an appreciation for a wide range of issues affecting the
Department. I have followed many of these issues from afar in recent
years and am excited to be considered to serve as the Department's
senior lawyer and as the Secretary's chief legal advisor.
If confirmed, I will join President Obama and Secretary Shinseki in
their effort to transform VA into a 21st century model of veteran care,
a VA that is more people-centric, results-oriented, and forward-looking
than ever before. Due to the nature of the General Counsel function,
lawyers will be involved in virtually all aspects of the Department's
transformation initiatives. Becoming a 21st century Department will
take communication and transparency, as well as commitment. In addition
to my being a veteran, and my awareness and familiarity with some of
the issues affecting veterans, I am also committed to developing
leaders--another function that will be critical to transforming the
Department. Moreover, I served in the United States Air Force, where
the values of integrity, service, and excellence were my guidestars. I
long ago adopted these values as my own and will bring them with me to
VA.
In conclusion, if I am confirmed, I will, with enthusiasm and sense
of purpose, join a Department that has, for more than 75 years, cared
for the men and women who have borne the battle. I look forward to
working closely with the members and staff of this Committee to address
issues affecting veterans and their families. I also look forward to
working with the Veterans Service Organizations and VA's stakeholders
in order to advance the President's and Secretary Shinseki's mission
for a 21st century VA. Thank you.
______
Response to Pre-Hearing Questions Submitted by Hon. Daniel K. Akaka to
Will A. Gunn, Nominee to be General Counsel of the U.S. Department of
Veterans Affairs
Question 1. Have you and Secretary Shinseki discussed the role he
would like you to assume as General Counsel if you are confirmed? Will
you be a key member of the Secretary's management team?
Response. Secretary Shinseki and I have briefly discussed the role
he would like me to assume if I am confirmed. He has asked me to not
only lead the Department's legal staff but to serve as a key advisor to
him and to the rest of his leadership team.
Question 2. What role do you believe the General Counsel plays in
evaluating legislation, both introduced in Congress and proposed by VA,
for legal sufficiency and impact? While the various program offices can
provide valuable information on the intent, background, or
implementation of a particular bill, I believe that it is vital for the
General Counsel to provide an expert analysis on the legal
implications. Do you agree?
Response. I believe that it is appropriate for the Office of
General Counsel to provide advice on the legal implications of proposed
legislation but I am not fully familiar with the role VA's General
Counsel currently plays in this regard. It is my understanding that
lawyers in the General Counsel's office work closely with the Office of
Congressional and Legislative Affairs to coordinate on and review
pending legislation. Should I be confirmed, I will make it a priority
to evaluate the effectiveness of OGC's activities, and the
effectiveness of the processes in this area.
Question 3. The General Counsel must send a clear message to
Regional Counsels that they must work with and support field program
personnel. I urge you to consider a proactive type of interaction that
will prevent problems and litigation, rather than waiting until
lawsuits are filed. How might this be accomplished?
Response. During my career as a lawyer in the Air Force JAG Corps,
I sought to emphasize preventive law in every position that allowed me
the opportunity. Similarly, I believe that it is appropriate for OGC to
be involved in preventive law activities. By being proactive,
identifying risks and communicating preventative strategies with
clients and customers we may be able to reduce costs, save time, avoid
liability and provide better service. If I am confirmed, and
subsequently discover that this approach is lacking within OGC, I would
seek to advance this philosophy by using a variety of methods to
communicate it to VA's regional counsels and to our clients.
Question 4. Should VA have another data security breach, similar to
the May 2006 incident, do you have a clear idea of what the General
Counsel's role is in VA's response? In the event of a significant data
breach, risk analysis plays a critical role in how VA will respond.
What is your understanding of the role the General Counsel plays in
VA's risk analysis process?
Response. The protection of personal privacy is always paramount,
particularly in this age of electronically-stored and transmitted data.
As VA's General Counsel, should I be confirmed, I will have that
philosophy front and center in all matters related to security
breaches. Veterans' information--their privacy--must be protected.
Likewise, in security matters of concern to VA employees, their privacy
must also be respected. I am not certain how I would apply a risk-
analysis process to such matters, so I would like to defer a fuller
answer to your question until I have the opportunity to examine first-
hand OGC's practices. However, I see two related roles for a General
Counsel in these matters. The first would be to provide legal advice to
ensure that the law and regulations detailing VA's duties for
responding to these situations are followed. The second would be to
advise Department officials on how to mitigate any potential legal
liability that could arise from the breach.
[See revised comments in Attachment A following Question 18.]
Question 5. What do you see as the biggest challenges facing the
General Counsel's office at this time?
Response. As a career Air Force lawyer, I know Government counsel
must constantly adjust to evolving client needs and ever-changing legal
frameworks. New laws, regulations and court precedents come on the
books every day, challenging counsel to not only keep current but to be
able to clearly communicate sound advice to clients regarding the
increasingly complex legal guidelines within which they must operate.
If I am confirmed as General Counsel at VA, I would ensure the office
is organized so as to be able to timely communicate both within OGC and
to clients any significant changes in law.
Question 6. Last year, VA was involved with the issue of providing
voting registration services to veterans in the Department's care. What
are your views on VA's role in assisting veterans who are residing in
long-term care facilities with voting?
Response. Veterans take their civic responsibilities very
seriously. It was, after all, our veterans who protected our rights--
including our right to vote--with their lives. I am sure their sense of
civic duty does not diminish when they become VA patients. VA should do
what it can to ensure that veterans who wish to vote are able to
exercise that right while residing in its long-term-care facilities.
Question 7. Currently VA submits VBA records on veterans determined
to be mentally incompetent to the FBI for inclusion in the National
Instant Criminal Background Check System (NICS). What are your views of
VA's responsibility, under current laws and regulations, to report
names to Justice for inclusion in NICS?
Response. I am not yet sufficiently familiar with the law and
regulations involving the ``NICS'' or with the Government's
implementation of it to offer an opinion of VA's responsibilities in
this regard. If confirmed, I would ask for an early briefing on this
issue.
[See revised comments in Attachment A.]
Question 8. The former General Counsel expressed the view that
GSA's overall authority to prescribe policies and methods of
procurement and supply of personal property for VA, despite delegating
several Federal Supply health care-related schedules to VA, is not open
to debate. And that, in light of that, GSA must approve any changes
contemplated by VA that might impact the Federal Supply program from a
policy standpoint. Do you agree with this position?
As part of your answer, please review IG Report No. 05-01670-04,
Final Report--Special Review of Federal Supply Schedule Medical
Equipment and Supply Contracts Awarded to Resellers.
Response. This is another issue with which I am unfamiliar, but if
confirmed I would seek to obtain a thorough briefing in short order.
[See revised comments in Attachment A.]
Question 9. Are you more of a ``hands-on'' manager or do you tend
to rely on significant delegation? Do you seek to achieve consensus
with those on your management team before making a decision or do you
generally gather relevant information and input, and then make a
decision?
As an example, please describe the degree to which you anticipate
actively managing the work of Regional Counsels.
Response. During the last ten years of my Air Force career, I
served in a variety of positions and in which I employed varied
management and leadership strategies. My duties went from serving as
the senior lawyer for a single military installation (1996-99), to
serving as Chief Defense Counsel for Air Force Bases in the central
United States with attorneys assigned at more than 20 bases over an
eleven state area (1999-2001), to serving as Executive Officer for the
Air Force Judge Advocate General (2002-2003). In this last position, I
served essentially as the JAG Corps' Chief of Staff and coordinated
policy for more than a thousand lawyers spread out all over the world.
Those that I have supervised and worked with in these positions
generally describe me as a manager and leader who likes to be kept
well-informed of matters within my purview but also as one who believes
in empowering members of my team so that they can do their jobs and
grow as leaders. With that in mind, I seek to listen to a variety of
views and seek consensus whenever possible. I anticipate that I would
employ these same strategies in overseeing the work of the Regional
Counsels. Nevertheless, I understand that if I am confirmed I would be
ultimately responsible and accountable for the activities of OGC.
Question 10. What are your first impressions of Professional Staff
Group VII's representation of the Department in cases before the Court
of Appeals for Veterans Claims?
Response. I have not yet formed an opinion of the quality of
Professional Staff Group VII's work.
[See revised comments in Attachment A.]
Question 11. If confirmed, how do you envision collaborating with
the Board of Veterans' Appeals, and specifically, with its Chairman?
Response. I am not fully familiar with how the Board of Veterans'
Appeals and OGC currently collaborate. As a result, I have not formed
an opinion as to how such collaboration should proceed in the future.
However, if I am confirmed I will make it a priority to evaluate this
relationship.
[See revised comments in Attachment A.]
Question 12. What role do you believe the Office of General Counsel
should play in ensuring that VA understands and complies with decisions
of the U.S. Court of Appeals for Veterans Claims and other courts?
Response. The General Counsel is the chief legal officer of the
Department. As such, he or she is the ultimate VA authority with regard
to the correct legal interpretation of court decisions. If confirmed, I
would work to ensure that those interpretations are promptly and
clearly communicated to all within VA who have a need to know.
Question 13. What role should the Office of General Counsel play in
determining whether a specific disease or illness should be presumed
service-connected?
Response. Before responding substantively to this question, I would
have to become aware of and study whatever laws and regulations may
apply to this issue. I have not yet had that opportunity.
[See revised comments in Attachment A.]
Question 14. The Committee has a strong interest in improving
collaboration and cooperation between VA and DOD. As far as you are
aware, are there any existing legal impediments to the two Departments
engaging in comprehensive sharing?
Response. I know that Secretary Shinseki is a strong advocate for a
VA/DOD collaboration that will ease the active-duty-to-veteran-status
transition with respect to the electronic sharing of health records. I
am not aware of any legal impediments to such a VA/DOD collaboration in
matters affecting the healthcare of veterans or the sharing of their
health records. If I become aware of any, I would advise the Secretary
and, as he would direct, work toward enactment of appropriate
legislation.
Question 15. In recent years, there have been situations in which a
significant issue has been under review by the Court of Appeals for
Veterans Claims or, after appeal from that court, by the Court of
Appeals for the Federal Circuit. Meanwhile, claims involving the same
issue continue to come to VA. Do you have any recommendation on how to
manage claims that are pending a court decision?
Response. This is another issue with which I am currently
unfamiliar. If I am confirmed, I would be very diligent in coming up to
speed on the issue.
[See revised comments in Attachment A.]
Question 16. With ever-increasing numbers of older veterans in VA
long-term care facilities, do Regional Counsels have any role in
working with these veterans to assist them with estate planning or
referring them to local attorneys who might provide such assistance?
Response. I agree with the premise of the question, which is that
it would be useful to veterans in long-term care facilities if VA could
at least help them access community resources for purposes of estate
planning. During my JAG career, I found that the ``legal assistance''
on personal legal matters we provided to military members and their
families (in such matters as simple contracts, estate planning, and
family law) was highly valued by them and was greatly appreciated. I'm
certain that our veterans in long-term care facilities would also
appreciate this type of assistance. I would have to know more about
VA's current statutory authority before I could offer an opinion on the
feasibility of its providing estate-planning services in-house.
[See revised comments in Attachment A.]
Question 17. Do you agree to supply the Committee with such non-
privileged information, materials, and documents as may be requested by
the Committee in its oversight and legislative capacities for so long
as you serve in the position of General Counsel?
Response. Yes.
Question 18. Do you agree to appear before the Committee at such
times and concerning such matters as the Committee might request for so
long as you serve in the position of General Counsel?
Response. Yes.
______
Attachment A
Full Responses to Certain Pre-Hearing Questions Submitted by Hon.
Daniel K. Akaka to Will A. Gunn, at his Nomination Hearing to be
General Counsel of the U.S. Department of Veterans Affairs
Question 4. Should VA have another data security breach, similar to
the May 2006 incident, do you have a clear idea of what the General
Counsel's role is in VA's response? In the event of a significant data
breach, risk analysis plays a critical role in how VA will respond.
What is your understanding of the role the General Counsel plays in
VA's risk analysis process?
Response. The Office of the General Counsel assists in the response
to VA data breaches in several ways. VA is required by information-
security statutes to respond to a data breach by arranging for an
independent risk analysis (IRA) by the VA Office of Inspector General
or a non-VA entity to determine the potential for misuse of any
sensitive personal information compromised by the incident. If the
analysis indicates that there is a reasonable risk of harm, the
Department must provide credit-protection services in accordance with
VA regulations.
VA regulations also authorize VA to provide an accelerated response
without an IRA if an immediate and substantial risk of identity theft
or other harm to individuals is identified. In those cases, OGC staff
assist the Office of Information Technology (OIT) in conducting risk
analyses, interpreting the results, and responding to incidents as soon
as feasible through notices to affected individuals and, if
appropriate, credit-protection services.
OGC serves as a member of the Incident Response Governance Board
(IRGB) of OIT's Office of Protection and Risk Management, which
provides oversight and policy direction for data-breach analysis and
reporting. As a member of the Data Breach Response Team of the IRGB,
OGC helps determine whether a data breach has occurred and sensitive
personal information has been compromised. OGC also assists in the
documentation of VA's responses to breaches and the retention of
relevant records.
Question 5. What do you see as the biggest challenges facing the
General Counsel's office at this time?
Response. After briefings by OGC managers and supervisors, I
believe the answer I initially provided remains a valid statement of
the office's principal challenges. OGC attorneys must constantly adjust
to evolving client needs and to ever-changing legal requirements. New
laws, regulations and court precedents are constantly coming on the
books, challenging counsel to not only keep current but to be able to
clearly communicate sound advice to clients regarding the increasingly
complex legal framework within which they must operate. OGC is
challenged to find the necessary information and clearly communicate
needed legal advice when it is needed. Good intra-office collaboration
among OGC staff across the country is critical to
success.
Question 7. Currently VA submits VBA records on veterans determined
to be mentally incompetent to the FBI for inclusion in the National
Instant Criminal Background Check System (NICS). What are your views of
VA's responsibility, under current laws and regulations, to report
names to Justice for inclusion in NICS?
Response. Federal law (18 U.S.C. Sec. 922(g)) renders nine
categories of individuals ineligible to receive or possess firearms,
including:
``(4) any person . . . who has been adjudicated as a mental
defective . . .''
The ``Brady Handgun Violence Protection Act'' (Brady Act) requires
the Attorney General to compile and maintain a list of names of
ineligible persons in a National Instant Criminal Background Check
System (NICS), which gun dealers are required to query before selling
firearms. The Brady Act authorizes DOJ to request that Federal agencies
provide any information they possess regarding such individuals, and
mandates agency compliance with DOJ's requests (``On request of the
Attorney General, the head of such department shall furnish such
information to the system.'').
DOJ's Bureau of Alcohol, Tobacco and Firearms has promulgated
regulations which define ``adjudicated as a mental defective'' for this
purpose to mean:
A determination by a court, board, commission, or other
lawful authority that a person, as a result of marked subnormal
intelligence, or mental illness, incompetency, condition, or
disease:
(1) is a danger to himself or to others; or
(2) lacks the mental capacity to contract or manage his own
affairs.
27 CFR 478.11. At DOJ's request, VA has since 1998 been supplying
it information about persons eligible for VA cash benefits who VA has
administratively adjudged to be ``mentally incompetent'' and is
therefore paying benefits on their behalves through fiduciaries. VA's
determinations of incompetency are made pursuant to 38 U.S.C.
Sec. 5502, which authorizes payment of monetary benefits to fiduciaries
on behalf of mentally incompetent or insane VA beneficiaries. VA's
definition of mental incompetency for this purpose closely tracks the
DOJ definition of mental defectives:
A mentally incompetent person is one who because of injury or
disease lacks the mental capacity to contract or to manage his
or her own affairs, including disbursement of funds without
limitation.
38 CFR Sec. 3.353(a). VA is fulfilling its responsibilities under
the Brady Act by supplying this information to DOJ as requested, and
would be without legal authority to withhold it.
Question 8. The former General Counsel expressed the view that
GSA's overall authority to prescribe policies and methods of
procurement and supply of personal property for VA, despite delegating
several Federal Supply health care-related schedules to VA, is not open
to debate. And that, in light of that, GSA must approve any changes
contemplated by VA that might impact the Federal Supply program from a
policy standpoint. Do you agree with this position?
As part of your answer, please review IG Report No. 05-01670-04,
Final Report--Special Review of Federal Supply Schedule Medical
Equipment and Supply Contracts Awarded to Resellers.
Response. The written delegations from GSA to VA, under which VA
manages several health care-related schedules of the GSA Federal Supply
Schedules Program (FSS), generally reserve to GSA the authority to make
policy for the schedules. Consequently, after being briefed on this
matter by OGC staff, I agree with my predecessor that GSA must approve
any changes contemplated by VA for its schedules that might impact the
FSS Program from a policy standpoint.
Question 10. What are your first impressions of Professional Staff
Group VII's representation of the Department in cases before the Court
of Appeals for Veterans Claims?
Response. I have received briefings on Group 7's operations, to
include its procedures for case preparation and supervisory approval of
its pleadings. My first impressions are that their procedures are
sound, and I am impressed with their dedication to duty and level of
effort. However, theirs is a very big area of our practice and I need
to see more of their work product and learn more from various sources,
including CAVC judges, before I will have a well-informed opinion of
their overall effectiveness.
Question 11. If confirmed, how do you envision collaborating with
the Board of Veterans' Appeals, and specifically, with its Chairman?
Response. The Office of the General Counsel provides legal advice
and assistance to the Board of Veterans' Appeals as needed to support
the Board's ability to make accurate, consistent, and timely decisions
on appeals. OGC advises the Board on the requirements of statutes,
regulations and judicial precedents and when requested by the Chairman,
provides formal legal opinions that may be designated as having
precedential effect throughout the Department. We assist the Board in
preparing regulatory amendments to improve its appellate processes and
in addressing legislative proposals affecting its mission.
Collaboration among OGC, the Board, and other VA components is
essential to ensuring the benefit-adjudication process works
efficiently and provides fair and consistent results. To that end,
senior OGC managers regularly meet with the Chairman and other Board
officials as well as with senior members of the Veterans Benefits
Administration and the Veterans Health Administration to discuss
significant matters concerning the benefit-adjudication system. I will
continue and build upon this collaborative process and work closely
with the Chairman to ensure that the Board functions as Congress
intended.
Question 13. What role should the Office of General Counsel play in
determining whether a specific disease or illness should be presumed
service-connected?
Response. As the General Counsel, I am responsible for advising the
Secretary regarding the requirements of any statutes or other legal
authorities that may guide or constrain the Secretary's discretion in
establishing presumptions of service connection by regulation and for
assisting in preparation of any needed legislative proposals. Beyond
those functions, the General Counsel historically has collaborated
closely with other VA officials to ensure that the Secretary is given
the best possible demographic, medical and scientific information
concerning potential presumptions of service connection. For example,
existing statutes require that the Secretary periodically determine
whether new presumptions are warranted for specific diseases or
illnesses based on an association with exposure to herbicides used in
Vietnam or with exposure to hazards associated with Gulf War service.
The General Counsel serves with other senior VA officials on a task
force charged with evaluating the relevant evidence in relation to the
statutory standards and making recommendations to the Secretary based
on those evaluations. I look forward to participating in that process.
Question 15. In recent years, there have been situations in which a
significant issue has been under review by the Court of Appeals for
Veterans Claims or, after appeal from that court, by the Court of
Appeals for the Federal Circuit. Meanwhile, claims involving the same
issue continue to come to VA. Do you have any recommendation on how to
manage claims that are pending a court decision?
Response. I believe the Secretary needs considerable latitude to
hold claims in abeyance during the pendency of legal challenges to
court precedents having wide application. For example, VA prudently
held in abeyance a large number of claims of blue-water Navy veterans
while it pursued an appeal of CAVC's decision in the Haas case. Had it
not done so, and instead awarded benefits based upon the CAVC opinion
which would later be reversed, it would not only have unnecessarily
caused the Department to have to revisit and correct those decisions
but also sowed unnecessary confusion among veterans.
Question 16. With ever-increasing numbers of older veterans in VA
long-term care facilities, do Regional Counsels have any role in
working with these veterans to assist them with estate planning or
referring them to local attorneys who might provide such assistance?
Response. VA is not currently authorized to provide estate-planning
services to veterans. However, Regional Counsels and other VA employees
can and do refer veterans and their fiduciaries to resources within the
community capable of providing this and other social services.
______
Response to Pre-Hearing Questions Submitted by Hon. Richard Burr to
Will A. Gunn, Nominee to be General Counsel, U.S. Department of
Veterans Affairs
Question 1. Under the Gun Control Act, individuals ``adjudicated as
mental defective'' are prohibited from purchasing a firearm. This
definition includes those with mental illnesses who are a danger to
themselves or others, or lack the mental capacity to manage their own
affairs. The Brady Act gives the Attorney General discretion to request
of any Federal agency the names of individuals who fall under this
definition for inclusion on the National Instant Criminal Background
Check System. Under an agreement with the FBI, VA sends to the FBI the
names of individuals whom VA determines need help managing their own
financial affairs. I am concerned about the arbitrariness of the
existing process and fact that veterans have been singled out among all
Federal beneficiaries. But I'm also concerned that the Attorney General
could request that VA send the names of additional categories of
persons who have been ``adjudicated as a mental defective,'' and I'd
like to know what your legal analysis on the matter is.
A. Is it your judgment that a person ``adjudicated as a mental
defective'' could, at some future point, be construed as encompassing
individuals who have been rated by the Veterans Benefits Administration
as service-disabled for a mental illness, such as Post Traumatic Stress
Disorder?
Response. My limited understanding of the ``NICS'' issue at this
point is that VA currently sends FBI the names of all veterans on its
benefit rolls that VA has determined lack the mental capacity to
contract or manage their own financial affairs due to injury or disease
of any kind. I further understand that under current law, VA is legally
obligated to comply.
B. What, in your judgment, would be the effect on veteran's
willingness to file a claim or seek treatment for mental illness if
their 2nd Amendment rights were compromised as a result?
Response. If confirmed, I hope to learn more about Veterans' needs
and what may either motivate them to seek VA benefits and services or
operate as a disincentive to their doing so. However, in principle I
would be very skeptical of any policy that would interfere with
individuals' ability to exercise their constitutional rights.
Question 2. Your biography mentions that, as part of your private
law practice, you currently represent veterans.
A. What type of veterans' cases have you handled?
Response. I have primarily represented veterans in attempts to
correct their military records. The representation has been provided
before the Board for Correction of Military Records and other
administrative bodies related to DOD. For example, I have represented
individuals seeking to obtain a military retirement, an individual
seeking to upgrade a military officer grade determination, and an
individual seeking to have an Officer Evaluation Report removed from
his records.
B. Have you assisted any veterans who were seeking benefits from
VA?
Response. Since opening my law firm last summer, I have consulted
with several individuals who were at various stages of seeking
disability benefits from VA. While I have not taken any of these cases,
I have had a number of discussions with veterans and their family
members who were seeking legal representation.
C. If so, did you learn any lessons from that experience that would
aide you in serving as General Counsel?
Response. In the cases in which I have consulted with potential
clients, I have learned that individuals are often frustrated with the
disability benefits process. Among other things, potential clients have
talked to me about what they perceived to be the arbitrariness of some
rating decisions and about the length of time it has taken them to get
a decision. Another frustration that individuals have voiced to me is
that they have been frustrated by not being able to get timely feedback
on where they were in the claims process. I believe that all of the
feedback I have received will be helpful to me in serving as General
Counsel. Secretary Shinseki has indicated that he wants to transform VA
into 21st Century organization that is people-centric, results
oriented, and forward looking. If VA is to be ``people-centric'' we
have to change perceptions among some of our customers to the extent
they believe we are not providing high quality customer service.
[The Committee questionnaire for Presidential nominees from
Mr. Gunn follows:]
[A letter from the Office of Government Ethics follows:]
[Letter from Mr. Gunn to the Office of General Counsel,
U.S. Department of Veterans Affairs:]
Senator Akaka. Thank you very much, Mr. Gunn.
Before I introduce Mr. Riojas, I am going to call on the
Ranking Member, Senator Burr, for his opening statement.
STATEMENT OF HON. RICHARD BURR, RANKING MEMBER,
U.S. SENATOR FROM NORTH CAROLINA
Senator Burr. Mr. Chairman, I am going to ask that my
opening statement be made a part of the record. But I would say
to the Chair, and for the purposes of other Members, that I had
an opportunity this morning to sit down with all four of our
nominees, to look extensively into their backgrounds, their
experience, to see the areas that they will fill at the VA. I
feel extremely confident that we are the most fortunate at VA
to have four incredibly qualified and passionate individuals
chosen to be at the VA. And I look forward to this Committee
moving these nominations as quickly as possible.
Thank you.
[The prepared statement of Senator Burr follows:]
Prepared Statement of Hon. Richard Burr, Ranking Member,
U.S. Senator from North Carolina
Thank you, Mr. Chairman. Welcome to you and our colleagues. I also
want to welcome our four nominees and their families. Congratulations
on your nominations and thank you all for your willingness to serve our
Nation's veterans in the important and challenging roles you have been
nominated to fill.
If confirmed, you would carry out one the noblest missions in
government--caring for the men and women who have served and sacrificed
on behalf of us all. But, as we'll discuss today, you would face many
challenges in carrying out that mission. Our job is to make sure you
are aware of the upcoming challenges and are prepared to meet them, so
that our veterans and their families will be well-served by VA, now and
in the future.
For you, Mr. Baker, if confirmed as the Assistant Secretary for
Information and Technology, one of your most pressing tasks would be to
make sure VA has the IT solutions it needs to get the new GI Bill
program up and running by this fall. At a minimum, this means that VA
must be able to pay the benefits that veterans have earned on time and
without frustrations or delays.
On top of that, you would play a critical role in VA's efforts to
transform its paper-based claims process into a modern, electronic
system. It's clear that the current process causes frustrations and
confusion among veterans--including many from back home in North
Carolina. So, if you are confirmed, I hope you will aggressively move
toward a modern benefits system that will better meet the needs of
veterans and their families.
Turning to you, Colonel Gunn, if you are confirmed as General
Counsel, your responsibilities would touch on virtually every facet of
VA. You would be called on to interpret the law, evaluate proposed
legislation, and advise on health care and benefits issues. You would
also be responsible for representing VA before the Court of Appeals for
Veterans Claims. With the court's caseload at record levels, one of
your challenges will be to help make sure veterans get timely and fair
decisions on their cases.
General Riojas, if confirmed as the Assistant Secretary for
Operations, Security, and Preparedness, one of your most critical
functions would be to keep veterans and their families safe while they
are receiving care at VA facilities. Clearly, VA cannot fulfill its
mission of caring for those who have served, if veterans are hesitant
to come to VA when they are in need.
On a broader scale, you would be responsible for coordinating VA's
efforts to help the Nation deal with public emergencies, like the H1N1
flu outbreak we are confronting today. The issue of our Nation's
preparedness has been a priority of mine for a long time. So, I look
forward to hearing your thoughts on whether VA could take on a larger
role in providing medical support to the Nation during an emergency.
Finally, Mr. Sepulveda, if confirmed as Assistant Secretary for
Human Resources and Administration, your charge would be among the most
critical at VA--fostering a high-quality, dedicated, and well-trained
workforce. VA employees are, without question, the backbone of the
health care and benefits systems. They will be vital in making sure
veterans are getting the benefits and services they need in a quick,
effective, and hassle-free way. So, if confirmed, one of your
challenges would be to ensure that VA has a robust plan for recruiting,
training, and retaining the necessary workforce.
Mr. Chairman, these are just a few of the challenges these nominees
would face, if confirmed. I look forward to hearing more about how they
would tackle those and other challenges. Also, I look forward to
working with you to ensure that VA has a full complement of leaders who
will work every day to improve the lives of our Nation's veterans and
their families.
I thank the Chair.
Senator Akaka. Thank you very much, Senator Burr.
Let me welcome Jose D. Riojas, the President's nominee for
Assistant Secretary for Operations, Security, and Preparedness.
After graduating from the United States Military Academy at
West Point, his 30-year military career included numerous and
significant operational assignments throughout the world,
including the U.S. Army War College. I say with pride that
General Riojas spent part of his career with the 25th Infantry
Division in Hawaii.
General Riojas, aloha and welcome to today's hearing.
Please take a moment to introduce your guests, and when you are
done, please begin with your statement.
General Riojas. Thank you, Mr. Chairman. I would like to
introduce my wife of nearly 28 years, Susan, sitting in red to
my left.
Senator Akaka. Welcome.
STATEMENT OF JOSE D. RIOJAS, BRIGADIER GENERAL, (RET.), U.S.
ARMY, NOMINEE TO BE ASSISTANT SECRETARY FOR OPERATIONS,
SECURITY, AND PREPAREDNESS, U.S. DEPARTMENT OF VETERANS AFFAIRS
General Riojas. Mr. Chairman, thank you for the kind
introduction. Mr. Chairman, Mr. Burr, and other Members of the
Committee, I am a veteran, and I am honored to be before you
today seeking your endorsement to become the Assistant
Secretary for Operations, Security, and Preparedness for the
Department of Veterans Affairs.
I consider it a privilege to have been nominated by
President Obama to serve at VA, and I appreciate the confidence
that he and Secretary Shinseki have in me to help provide the
best service possible to our veterans and to help transform the
Veterans Affairs Department.
I fully support President Obama's vision for change and
Secretary Shinseki's effort to transform the Department of
Veterans Affairs into a 21st century organization. I also fully
support Secretary Shinseki's operating principles that call for
VA to be people-centric, results-driven and forward-looking. I
believe my leadership experience in transforming organizations
and using these principles in the past would serve me well
should I be confirmed.
I appreciate the time and attention you and your staff
members have shown me in the past several weeks. I have given
and will continue to give your guidance very serious
consideration. It is clear to me that we jointly share a
passion for serving veterans. If confirmed, I look forward to
working continuously with you to constantly improve the care
and attention that our veterans deserve.
My life has been shaped by those who have worn the military
uniforms of our Nation. Family members who are veterans,
including my father, instilled in me a sense of patriotism and
love of country which caused me to want to serve and protect
this great Nation of ours. I was fortunate to have been able to
wear the uniform of a soldier for over 30 years. During that
time I was awed by the sacrifice of countless men and women who
performed remarkable feats during extraordinary conditions in
peacetime and in combat.
Today my wife, Susan, and I have a son, Joshua, who is an
Army Captain serving in the Special Forces community at Fort
Bragg, North Carolina. On the 28th of this month, I will
commission our daughter, Christina, as an Army Captain, and she
will soon thereafter begin her service as a surgeon at Fort
Gordon, Georgia. So, my past has been and my future is being
influenced by those who have, are, and will be serving our
great Nation. Veterans have served me well and, quite frankly,
made me successful. I would consider it an honor to play even a
small role in serving them and would consider it a highlight of
my professional life.
Should I be confirmed, I would like veterans to know that I
would be committed to ever improving the operations, security,
and preparedness within the VA so that continuous support can
be given regardless of the conditions, to include before,
during, and after any natural or manmade disaster. The VA must
be at its best during times of extreme circumstances.
I would like all the members of the VA team to know that I
would be committed to providing positive leadership to improve
the efficiency and effectiveness within the Department so that
support to veterans can be maximized.
And I would like members of the interagency community to
know that I would seek to establish open lines of communication
and maximize collaboration and integration between our
organizations.
Finally, I would like all the Members of this Committee to
know that I would be committed to working with you as a partner
in serving veterans.
Please know that, if confirmed, I am prepared to serve as
the Assistant Secretary of Operations, Security, and
Preparedness with the utmost of dedication, commitment, and
passion. In short, if this Committee sees fit to recommend my
confirmation, I look forward to serving veterans in the best
manner possible.
Chairman Akaka and distinguished Members of this Committee,
thank you again for your consideration, and I look forward to
any questions that you may have for me.
[The prepared statement of Mr. Riojas follows:]
Prepared Statement of Jose D. Riojas, Designee for Assistant Secretary
for Operations, Security, and Preparedness, U.S. Department of Veterans
Affairs
Chairman Akaka, Senator Burr, Distinguished Members of the
Committee on Veterans' Affairs: I am a Veteran and I am honored to be
before you today seeking your endorsement to become the Assistant
Secretary for Operations, Security, and Preparedness for the Department
of Veterans Affairs.
I consider it a privilege to have been nominated by President Obama
to serve at VA and I appreciate the confidence that he and Secretary
Shinseki have in me to help provide the best service possible to our
Veterans and to help transform the VA into a 21st Century organization.
I fully support President Obama's vision for change and Secretary
Shinseki's effort to transform the Department of Veterans Affairs into
a 21st century organization. I also fully support Secretary Shinseki's
operating principles that the Department of Veterans Affairs be;
people-centric, results-driven and forward-looking. I believe my
leadership experience in transforming organizations and using these
principles in the past would serve me well should I be confirmed.
I appreciate the time and attention you and you staff members have
shown me in the past several weeks. I have given and will continue to
give your guidance very serious consideration. It is clear to me that
we jointly share a passion for serving Veterans. If confirmed, I look
forward to working continuously with you to constantly improve the care
and attention that our Veteran's deserve.
My life has been shaped by those who have worn the military
uniforms of our Nation. Family members who are Veterans, including my
father, instilled in me a sense of patriotism and love of country which
caused me to want to serve and protect my country. I was fortunate to
have worn the uniform of a Soldier for over thirty years. During that
time I was awed by the sacrifice of countless men and women who
performed remarkable feats during extraordinary conditions in peacetime
and in combat.
Today my wife Susan, also a Veteran and I have a son, Joshua who is
an Army Captain serving at Fort Bragg, N.C. On the 28th of this month
our daughter Christina will be commissioned as an Army Captain and
begin her service as an Army Surgeon at Fort Gordon, GA. So my past has
been and my future is being influenced by those who have, are and will
be serving our great Nation. Veterans have served me well and quite
frankly, made me successful and I would consider it an honor to play
even a small role in serving them and would consider it a highlight of
my professional life.
Should I be confirmed, I would like:
Veterans, to know that I would be committed to
continuously improving the operations, security and preparedness within
the VA so that continuous support can be given regardless of the
conditions: to include before, during and after any natural or man-made
disaster. The Department of Veterans Affairs must be best prepared to
perform during times of extreme circumstances.
I would like all the professional members of the VA team
to know that I would be committed to providing positive leadership to
improve the efficiency and effectiveness within the Department so that
support to Veterans can be maximized.
I would like all the Members of this Committee to know
that I would be committed to working with you as a partner in serving
Veterans.
And I would like members of the interagency community to
know that I would seek to establish open lines of communication and
maximize collaboration and integration between our organizations.
Please know that if confirmed, I am prepared to serve as the
Assistant Secretary of Operations, Security and Preparedness with the
utmost of dedication, commitment and passion. If this Committee sees
fit to recommend my confirmation, I look forward to serving Veterans in
a very positive manner.
Chairman Akaka and distinguished Members of this Committee thank
you again for your consideration and I look forward to any questions
that you may have for me.
______
Response to Pre-Hearing Questions Submitted by Hon. Daniel K. Akaka to
Jose D. Riojas, Nominee to be Assistant Secretary for Operations,
Security, and Preparedness, U.S. Department of Veterans Affairs
Question 1. How would you define the job of Assistant Secretary for
Operations, Security, and Preparedness?
Response. I believe the job of the Assistant Secretary for
Operations, Security, and Preparedness is to ensure that the Department
of Veterans Affairs is able to perform its mission of support to
Veterans on a continuous basis regardless of the conditions. This
includes having a leading role in ensuring that VA is an agile and
adaptive organization particularly before, during and after the
occurrence of any potential man-made or natural disaster. The job also
calls for helping the VA set the standard in continuous, efficient and
effective inter-agency collaboration.
Question 2. Have you and Secretary Shinseki discussed the duties
and the role you would assume if you are confirmed? If so, what
specific areas of the job were discussed?
Response. Secretary Shinseki and I have worked together over the
years and most recently during his last two and a half years as Chief
of Staff of the Army. If confirmed, I look forward to being an active
member of the VA leadership team. I would be in charge of the
coordination and development of Department policies and implementing
those polices regarding the Department's inter-agency role in emergency
management, continuity of operations, domestic incident management and
national security emergency programs. I would be responsible for the
oversight of the transformation of the Department's operations center
into a 21st Century organization improving the leadership team's
situational awareness and operational decisionmaking. Additional
responsibilities would include developing training and exercises that
enhance VA's preparedness programs and security mission.
Question 3. How do you believe your background has prepared you for
this job?
Response. I had the privilege of serving as a Soldier for over 30
years. I spent the majority of that time in command and operational
leadership positions, in peacetime and in combat. For the past year and
a half, I have served as the Executive Director of the Department of
Homeland Security's, National Center for Border Security and
Immigration--a job that has called for extensive work in voluntary
institutional collaboration and cooperation. I believe these
experiences have prepared and would serve me well for this job.
Question 4. Regarding training and medical response, please
describe how you anticipate working in a complementary manner with VHA,
and in such a manner that your efforts will not unnecessarily overlap
or interfere with the VHA activities.
Response. One of my first priorities would be to assess the
efficiency and effectiveness of ongoing operations and collaboration
between the Office of Operations, Security, and Preparedness and other
members of the VA team to include the VHA. I would begin this process
by ensuring that an open line of communication exists between OSP and
other offices including VHA. This assessment would take place without
interrupting ongoing operations. The goal would be to identify how OSP
could help other members of the VA team do their jobs better. Any
potential improvements as a result of that assessment that would
increase efficiencies and effectiveness would be made at my level if I
had the authority or if necessary be recommended to the Secretary or
the Deputy Secretary for decision.
Question 5. Regarding the Office of Security and Law Enforcement,
please describe how you will ensure that VA police officers are trained
and equipped to meet the needs of Veterans Health Administration
facilities. As part of your answer, please indicate how you expect to
work with the Under Secretary for Health to define VHA's needs in this
regard.
Response. Police officers would undergo training at the Law
Enforcement Training Center in accordance with well established
standards so that the officers could best perform for the Veterans
Health Administration. An open line of communication would be
established and maintained with the Under Secretary for Health
Administration to ensure that officers were meeting his needs.
Question 6. What are your thoughts on the ability of VA to deal
with increasing numbers of retirees over the next several years and
what will you do to prepare for the loss of experienced personnel?
Response. I believe this question is one relevant to all of VA. I
look forward to working with my colleague, the Assistant Secretary for
Human Resources and Administration, in addressing the issue. In
general, I believe that potential personnel shortfalls should be
identified as soon as practical. Then succession programs should be put
into place in order that well qualified individuals inside or outside
VA could be identified to fill those shortfalls.
Question 7. What do you believe are the most pressing challenges
confronting the Office of the Assistant Secretary for Operations,
Security, and Preparedness?
Response. One of my first priorities would be to conduct an
assessment of the Office in order to identify any challenges. However,
any action that would improve our efficiency and effectiveness and
supports the Secretary's, people-centric, results-driven, and forward
looking, and transformation principles would be a top priority.
Additionally, I believe that VA has a critical operational and
preparedness role in supporting the other Departments such as
Department of Homeland Security mission requirements.
Question 8. How would you describe your management style and how is
it suited to this particular position?
Response. I have a participative leadership style. I seek and value
the opinions and recommendations of the entire team. I also give
guidance and empower team members to make decisions within that
guidance. I retain authority to make high risk decisions. This style
would be important because of the diversity of duties and
responsibilities of the position.
Question 9. Do you anticipate having a policymaking role if
confirmed?
Response. I am familiar with and admire Secretary Shinseki's
leadership style and I am confident that I would be able to participate
in senior leader discussions about VA policy on a routine basis. I am
confident that I would be asked for my professional opinions and be
able to make recommendations in a timely manner. I am also confident
that I would be expected to be an active member of the inter-agency
community representing VA's interests. I am comfortable in the inter-
agency environment and I welcome that opportunity.
Question 10. What are your immediate and long-term priorities for
the office?
Response. I would immediately work to establish open lines of
communication and develop trust and confidence between the Office and
our stakeholders. I would also immediately review operational plans and
procedures and conduct an assessment of the Office to identify any
short falls in efficiencies and effectiveness in support of Veterans
for which the Office has responsibility. My long-term priorities would
include: operating the Office so that support to Veterans is maximized
regardless of conditions; having a significant role in the
transformation of the VA in becoming a model 21st century Department:
and having a significant role in VA being seen as a model Department of
inter-agency collaboration and cooperation.
Question 11. How do you view the Assistant Secretary's role in
dealing with VA responsibilities, under section 8111A of title 38, to
furnish health care services to members of the Armed Forces during a
time of war or national emergency?
Response. The Assistant Secretary would have a leading role in
helping VA achieve one of its key strategic objectives. ``Improve the
Nation's preparedness, for response to war, terrorism, national
emergencies, and natural disasters by developing plans, and taking
actions to ensure continued service to Veterans as well as support to
national, state, and local emergency management and homeland security
offices.''
Question 12. What do you see as VA's principal challenges in
recruiting, training, and retaining a high quality police force?
Response. We would be committed to providing excellent training to
prospective and current members of the police force. From my past
experience, equalities in pay, authorities and entitlement systems are
important factors in recruiting and retaining a high quality work
force.
Question 13. In reading your resume, I noticed that, although you
have years of experience in emergency preparedness and management, you
do not have significant background in either law enforcement or
security. What do you view as the biggest challenges of assuming
responsibility for VA's Police Service and Law Enforcement Training and
Security Investigation Center?
Response. I believe that the fundamentals of successful emergency
preparedness and management, and law enforcement and security are
basically the same. The keys to success are good leadership,
establishing clear metrics for success, identifying quality
individuals, training them and rewarding performance. I am confident
that the VA's Police Service and Law Enforcement Training and Security
Investigation Center will serve as an outstanding organization for
other institutions to
emulate.
Question 14. Secretary Shinseki has placed an emphasis on improving
the level of collaboration and cooperation between VA and DOD. What do
you believe will be your role in dealing with areas of concern
involving the two departments?
Response. Secretary Shinseki's vision for greater collaboration
between VA and DOD, notably with respect to a single electronic health
care record, represents real transformation in the way our Nation cares
for its Veterans and active-duty personnel. The importance of secure
inter-agency communications between VA and DOD under all conditions is
critical to the success of that transformation. I would welcome all
opportunities to improve that communication bond--that transformation--
and I would be committed to making that happen.
Question 15. Do you agree to supply the Committee with such non-
privileged information, materials, and documents as may be requested by
the Committee in its oversight and legislative capacities for so long
as you serve in the position of Assistant Secretary for Operations,
Security and Preparedness?
Response. Yes, I would work with Secretary Shinseki and VA
leadership to ensure that any information requested by the Committee
would be provided in a timely manner. I can promise to be forthright
and direct with you in our joint efforts to put Veterans first.
Question 16. Do you agree to appear before the Committee at such
times and concerning such matters as the Committee might request for so
long as you serve in the position for which you now seek confirmation?
Response. Yes, I would consider our priority to be the same, to do
what is right for our Veterans, and I would welcome the opportunity to
work with this Committee as a partner in that endeavor.
______
Response to Pre-hearing Questions Submitted by Hon. Richard Burr to
Jose D. Riojas, Nominee to be Assistant Secretary for Operations,
Security, and Preparedness, U.S. Department of Veterans Affairs
Question 1. The Assistant Secretary for Operations, Security, and
Preparedness has a wide range of important responsibilities.
A. What do you see as the key responsibilities of this position?
Response. I believe that my key responsibilities will include
ensuring that the VA will be able to provide support to Veterans
regardless of the conditions--particularly prior to, during and after
any man-made or natural disaster. I also believe that I will have a
leading role in helping VA set the standard in inter-agency
collaboration and partnership formation.
B. How do you believe your background has prepared you to take on
each of those responsibilities?
Response. I believe I have been well prepared for this position. I
was blessed to have served as a Soldier for over 30 years. Most of that
time was in command and operational positions in peacetime and in
combat. Additionally, for the past year and a half, I have served as
the Executive Director of the Department of Homeland Security's,
National Center for Border Security and Immigration--a job that has
called for extensive work in voluntary institutional collaboration and
cooperation
Question 2. As you know, VA has over 1,000 sites of care across the
Nation, with medical personnel already on the ground at these sites
and, importantly, existing relationships with other community
providers.
A. Do you believe that VA's role in the overall Federal effort to
respond to natural disasters, chemical or biological agent attacks, or
flu pandemics, like we are seeing now, is sufficiently appreciated?
Response. In the last several weeks, I became aware for the first
time of several great VA success stories from previous emergency
situations. If confirmed, I would look forward to helping to tell such
stories of VA capabilities and successes.
B. Could VA take on a larger role in providing medical support to
the Nation during an emergency or perhaps take on a lead role?
Response. I do not have detailed information as to VA capabilities
relative to other organizations charged with medical support nor do I
have an opinion as to whether lead responsibilities are properly
assigned. I am confident that if confirmed I would have an active role
in the Department's inter-agency role in emergency management,
continuity of operations, domestic incident management and national
security emergency programs.
Question 3. You may have read recent news accounts of a VA law
enforcement officer who was fired based on an accusation of using
excessive force against an elderly veteran.
A. What steps do you believe are necessary to ensure that
situations of this type are avoided?
Response. I am not familiar with this particular situation. In
general, training individuals in accordance with clear standards and
then supervising and appropriately recognizing their level of
performance relative to those standards can serve to significantly
minimize sub-performance.
B. What in your background has prepared you to effectively handle
this type of problem?
Response. I believe that my experience as a Soldier for over thirty
years--having trained and led individuals in countless operational
situations--will serve me well in this position if confirmed.
______
Response to Post-Hearing Questions Submitted by Hon. Daniel K. Akaka to
Jose D. Riojas, Nominee to be Assistant Secretary for Operations,
Security and Preparedness, U.S. Department of Veterans Affairs
Question 1. In response to one of my pre-hearing questions, you
stated that one of your first priorities would be to assess the
efficiency and effectiveness of ongoing operations and collaboration
between the Office of Operations, Security, and Preparedness and other
members of the VA team to include the VHA. Within 60 days, please give
me your assessment regarding that efficiency and effectiveness.
Response. Yes, I will.
[See follow-up letter dated June 23, 2009, below.]
Question 2. How do you envision the Office of Operations, Security,
and Preparedness will support the Departments of Homeland Security and
Health and Human Services?
Response. I believe this would be accomplished by the Office of
Operations, Security, and Preparedness ensuring that both departments
are aware of VA capabilities, and ensuring that VA is included in any
planning, training or exercises related to emergency management,
continuity of operations, domestic incident management and national
security emergencies.
Question 3. What actions will you take to determine the most
pressing challenges confronting the Office of Operations, Security, and
Preparedness?
Response. I would determine the most pressing challenges
confronting the Office of Operations, Security, and Preparedness (OSP)
by soliciting input from various individuals and stakeholders. These
would include individuals from within the OSP team, stakeholders within
VA such as VHA, VBA and NCA and stakeholders outside of VA such as, but
not limited to, the Department of Homeland Security and the Department
of Health and Human Services.
Question 4. How do you envision playing a significant role in
transforming the VA into becoming a model 21st century department?
Response. I believe Secretary Shinseki would count on me being an
active member of the VA leadership team. Specifically, I would be
responsible for the oversight of the transformation of the Department's
operations center into a 21st Century organization by improving the
leadership team's situational awareness and operational decisionmaking.
I would be in charge of the coordination and development of Department
policies and the implementation of those policies regarding the
Department's inter-agency role in emergency management, continuity of
operations, domestic incident management and national security
emergency programs. Additional responsibilities would include
developing training and exercises that enhance VA's preparedness
programs and security mission.
Question 5. The VA Office of Operations, Security, and Preparedness
performs a number of very important services for this country. To most
effectively do so, it is important for you to work hand-in-hand with
other government agencies. What would you do as Assistant Secretary to
ensure that all other relevant agencies are aware of and can trust the
capabilities of the VA Office of Operations, Security and Preparedness?
Response. I would first establish open lines of communications with
other government agencies. I would then work to maintain those open
lines of communication by exchanging routine information and ensuring
that VA is an integral part of inter-agency planning, training and
exercises. Operating in this manner will help to maximize VA's inter-
agency effectiveness prior to, during and after times of
emergency.
[Follow-up to Question 1 of Post-Hearing Questions from
Hon. Daniel K. Akaka]
U.S. Department of Veterans Affairs,
Office of Operations, Security, and Preparedness,
Washington, DC, June 23, 2009.
Hon. Daniel K. Akaka,
Chairman,
Committee on Veterans' Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: This letter is in response to the Committee's
direction during my confirmation hearing that I provide an assessment
of the efficiency and effectiveness of ongoing operations and
collaboration between the Office of Operations, Security and
Preparedness (OSP) and other members of the VA team including VHA. I
appreciate the opportunity to provide the results of my assessment.
My initial (?) assessment of OSP is that it is a team filled with
very talented and dedicated professionals.
As a result of numerous conversations I have had with Under
Secretaries (VHA included), Assistant Secretaries, Medical Center
Directors and other leaders within VA, I have found that there is an
overall satisfaction with the level of performance by OSP with respect
to VA's emergency management, preparedness, security and law
enforcement activities. Additionally, all of them were supportive of
our mission to prepare and coordinate VA's response to war, terrorism,
national security matters and natural disasters, while ensuring
continued service to Veterans. I consider these initial conversations
to be the foundation for an effective and ever improving working
relationship between me and each of these leaders as well as between
our teams.
My assessment of the efficiency and effectiveness of ongoing
operations and collaboration between my office and other VA
organizations is most encouraging. I believe we have established a
strong foundation of mutual respect and mission focus that will result
in continued growth of our efforts to improve Veteran care.
Sincerely yours,
Jose D. Riojas,
Assistant Secretary.
[The Committee questionnaire for Presidential nominees from
Mr. Riojas follows:]
[A letter from the Office of Government Ethics follows:]
[Letter from Mr. Riojas to the Office of General Counsel,
U.S. Department of Veterans Affairs:]
Senator Akaka. Thank you very much for your statement.
Finally, we turn our attention to John U. Sepulveda, who
has been nominated for Assistant Secretary for Human Resources
and Administration. Mr. Sepulveda brings over 25 years of
experience as an innovative leader in the public and private
sectors. He served as Deputy Director of the Office of
Personnel Management, a position for which he was nominated in
1998 by President Clinton. I can share that I served as Ranking
Member of the Subcommittee of the Governmental Affairs
Committee that considered his nomination back then. It goes
without saying that our Committee, now Homeland Security and
Governmental Affairs, favorably reported his nomination to the
full Senate at that time. Mr. Sepulveda earned two Master's
degrees from Yale University and a B.A. degree from Hunter
College.
Welcome again, and please share with us those accompanying
you this morning. When you are done, please begin with your
statement.
Mr. Sepulveda. Thank you, Mr. Chairman. I am proud to
introduce my wife, Awilda Rodriguez-Sepulveda, who is here, as
well as several friends: Jody Greenblatt, Danielle Johnson
Kutch, Candace Reddy, and Joe Mancias.
Senator Akaka. We welcome your family and friends.
STATEMENT OF JOHN U. SEPULVEDA, NOMINEE TO BE ASSISTANT
SECRETARY FOR HUMAN RESOURCES AND ADMINISTRATION, U.S.
DEPARTMENT OF VETERANS AFFAIRS
Mr. Sepulveda. Thank you. Chairman Akaka, Senator Burr,
thank you for the honor and privilege of testifying before you
today.
I am deeply honored to be nominated by President Obama to
serve as Assistant Secretary for Human Resources and
Administration at the Department of Veterans Affairs. I am also
honored to have Secretary Shinseki's trust and confidence to
serve in this important position. I would also like to express
my profound gratitude to my wife Awilda Rodriguez-Sepulveda,
who has encouraged and supported my love and passion for public
service for many years.
To better serve those who have served this country with
courage, dedication, and sacrifice--our Veterans and their
families--President Obama and Secretary Shinseki have called
for the transformation of the Department of Veterans Affairs
into a 21st century organization.
Key to achieving the VA's transformation will be the
strategic development and management of the Department's human
capital--the more than 280,000 employees at VA who work to
serve our veterans and their families every day. In other
words, we must make sure that we have the right people doing
the right job at the right place at the right time, at all
times. If confirmed as Assistant Secretary, I will be
responsible for providing leadership and management of the
Department's human capital assets and policies, working closely
with the Deputy Secretary and the executive team.
As Deputy Secretary Gould has already testified, VA must
invest in its workforce to better serve our veterans and to
support the transformation of the Department. This investment
must include taking the following steps:
First, increasing professional training opportunities for
employees, including managers.
Second, greater use of automation and technology to
efficiently and securely process and manage all personnel
actions, including hiring, performance evaluations, employee
benefits and records.
Third, promoting new and existing work-life initiatives
within VA to increase productivity and morale.
And, fourth, expanding succession planning and executing
new and creative recruitment strategies to better prepare for
the large numbers of retirements that will impact the
Department in the coming years.
If confirmed, these are some of the specific aspects of the
human capital investment agenda at VA that I look forward to
addressing.
VA must continue to strive to be a model employer of choice
for veterans, people with disabilities, women and minorities.
Indeed, increasing efforts to expand the numbers of veterans
employed at VA is and will continue to be a top priority.
I have been a public servant for much of my adult life,
having served at the local, State, and Federal levels. I know
firsthand how our public servants carry out their jobs each day
with dedication and professionalism. Consequently, I will
ensure that all VA employees are treated with the respect that
they deserve.
I also hope to lead the Department's efforts to provide
customer service training to all employees, especially those
providing direct services to our veterans. We must make sure
that all veterans seeking informational services from the
Department are always treated with the consideration and
respect that they have earned and that they deserve.
I know that changing an organization as complex and as
large as VA will be difficult, especially given that the
Department has to, in the short term, launch several major new
programs and initiatives. However, if given the opportunity to
serve, I would bring the necessary Government experience and
leadership skills in human resources and change management to
contribute substantially to accomplishing the goal of a 21st
century VA.
While serving as the Deputy Director of the U.S. Office of
Personnel Management, the Federal Government's primary human
resources agency, I had the opportunity to lead or work on
several internal and governmentwide civil service reform
initiatives.
My nearly 5 years of service on an advisory panel to the
intelligence community--which focused on diversity and human
resources issues--familiarized me with many of the current
human capital challenges facing Federal agencies, including VA.
My experience in Federal program transformation includes my
participation and leadership in the successful modernization of
two major programs at the Federal Housing Administration in the
early 1990s, including the restructuring of 81 field offices
and the creation of two processing centers.
If confirmed, I look forward to working with this Committee
to ensure that the Department of Veterans Affairs successfully
meets our Nation's obligations to our veterans and their
families no matter who they are and no matter where in our
great country they may live.
Thank you.
[The prepared statement of Mr. Sepulveda follows:]
Prepared Statement of John U. Sepulveda, Nominee for Assistant
Secretary for Human Resources and Administration, U.S. Department of
Veterans Affairs
Chairman Akaka, Senator Burr and Distinguished Members of the
Committee on Veterans' Affairs, Thank you for the opportunity to
testify before you to today.
I am deeply honored to be nominated by President Obama to serve as
Assistant Secretary for Human Resources and Administration at the
Department of Veterans Affairs. I am also honored to have Secretary
Shinseki's trust and confidence to serve in this important position. I
would like to also express my profound gratitude to my wife Awilda
Rodriguez-Sepulveda, who has encouraged and supported my love and
passion for public service these many years.
To better serve those who have served this country with courage,
dedication and sacrifice, our Veterans and their families, President
Obama and Secretary Shinseki have called for the transformation of the
Department of Veterans Affairs into a 21st century organization. Such
an organization would be completely and exquisitely focused on meeting
the needs of our Veterans; deploying state-of-the-art technology,
efficient delivery systems and dedicated and well-trained employees to
provide to our former warriors comprehensive, effective and expedited
benefits, mental health programs and medical services whenever and
wherever they are needed.
Key to achieving the transformation of Veterans Affairs is the
effective and strategic management and development of the Department's
human capital: the 280,000 employees at VA who work hard each day to
serve our Veterans and their families. In other words, we must make
sure that we have the right people doing the right job at the right
place at the right time, at all times. If confirmed as Assistant
Secretary for Human Resources and Administration, I will be responsible
for providing leadership, direction and management of the Department's
human capital assets and human resource policies, working closely with
the Deputy Secretary and executive team.
As Deputy Secretary Gould has already testified, VA must invest in
our civil servants to better serve our veterans now and to support the
transformation of the Department. This investment must include
expanding training opportunities for employees, including managers,
using a broad spectrum of delivery systems and media. Greater use of
automation and technology to efficiently, expeditiously and securely
process and manage all personnel actions, including hiring, performance
evaluations, employee benefits and records. Promoting new and existing
work-life initiatives within VA to help maintain productivity and
morale. Preparing for the large numbers of VA employee retirements that
will be coming with effective succession planning and proactive
recruitment strategies must also be part of this overall investment
agenda. These are among the specific areas of human capital development
that I look forward to addressing if confirmed.
Moreover, VA must continue to strive to be a model employer of
choice for veterans, people with disabilities, women and minorities.
Indeed, strengthening efforts to increase the numbers of veterans
employed at VA is and will continue to be a priority.
I have been a public servant for much of my adult life, having
served at the local, state and Federal levels. So I know first hand how
our public servants strive each day to carry out their jobs with
dedication, professionalism and integrity. If given the opportunity to
serve as Assistant Secretary, an ongoing priority for me will be to
make sure that all VA employees are treated with the respect that they
deserve.
Working with the Deputy Secretary, my colleagues on the executive
team, and VA H.R. teams throughout the country, I will help lead
efforts to make available appropriate and updated customer service
training to all employees, especially those providing direct services
to Veterans and their families. We must make sure that all Veterans
seeking information or services from the VA are treated, at all times,
with the respect and consideration that they have earned and deserve.
I am under no illusion that changing an organization as large and
complex as Veterans Affairs will be easy, simple and quick, especially
given that the Department must, in the short-term, also accomplish
several major new programs and initiatives, including implementing the
New GI Bill this summer; successfully integrating hundreds of thousands
of Priority Group 8 and OEF and OIF Veterans into the disability claims
and health care systems; and significantly improving the quality and
timeliness of claims processing; among other immediate challenges.
However, I believe if given the opportunity I would bring the necessary
experience and leadership skills in human resources and change
management to contribute significantly to accomplishing the goal of a
21st century VA set by President Obama and Secretary Shinseki.
While serving as the Deputy Director of the U.S. Office of
Personnel Management, the Federal Government's primary human resources
agency, I had the opportunity to lead or work on several internal and
governmentwide civil service reform initiatives.
My nearly five years of service on an advisory panel to the
Intelligence Community focused on diversity and human capital issues
helped to familiarize me with many of the current human resources
challenges facing virtually all Federal agencies, including Veterans
Affairs.
My experience in Federal program transformation includes my
participation and leadership in the successful modernization in the
early 1990s of two major programs at the Federal Housing
Administration, including the restructuring of 81 field offices and the
creation of two processing centers achieved with the support of HUD's
labor unions.
Deputy Secretary Gould noted in his earlier testimony before this
Committee that among his first steps would be ``synchronizing the
people, process and technology'' in order to achieve the people
centric, results oriented and forward looking VA that Secretary
Shinseki is committed to delivering to the American people. If given
the opportunity, I look forward to being part of the Secretary's
executive team that will no doubt achieve this synchrony on behalf our
Veterans.
I would like to close by again thanking this distinguished
Committee for giving me the opportunity to testify. If confirmed, I
look forward to working with this Committee to ensure that the
Department of Veterans Affairs successfully meets our Nation's
obligation to our Veterans no matter where they may live.
______
Response to Pre-Hearing Questions Submitted by Daniel K. Akaka to John
U. Sepulveda, Nominee to be Assistant Secretary for Human Resources and
Administration, U.S. Department of Veterans Affairs
Question 1. Have you and Secretary Shinseki discussed the duties
and the role you would assume as Assistant Secretary for Human
Resources and Administration if you are confirmed? If so, what specific
areas of the job were discussed?
Response. Yes. Secretary Shinseki expressed to me his strong
commitment to making VA a high-performing, 21st century organization,
focused on the mission of effectively serving Veterans and their
families, and that the role of human capital at VA is critical to that
mission. He expects the Assistant Secretary for Human Resources and
Administration, working with the Deputy Secretary, to take the lead in
transforming VA's workforce into the most efficient client-oriented,
veteran-centric, and forward looking Department it can possibly be.
Should I be confirmed, my priorities will be: improving recruitment,
hiring and retention procedures, staff training, and performance
evaluation. The Secretary will also look to me to establish initiatives
for achieving a high-quality and diverse management team to help
position VA to better meet its responsibilities to veterans and their
families.
Question 2. Do you anticipate having a policymaking role if you are
confirmed?
Response. While I look forward to providing policy advice and
recommendations to the Secretary and Deputy Secretary, especially
concerning human resources and administration, I will not have a
policymaking role independent of the Secretary, since he is the only
one authorized to make policy decisions on behalf of the Department of
Veterans Affairs. At the point at which the Secretary makes a decision
on a specific policy, particularly in the area of human resources, my
job will be to ensure that the policy is fully executed to the best of
my abilities.
Question 3. Have you formulated any thoughts on what your job
responsibilities will be and how you will approach those
responsibilities if confirmed?
Response. The Assistant Secretary for Human Resources and
Administration at VA has responsibilities for administration, human
resources management, diversity management and EEO, labor-management
relations and resolution management. My first priority will be to
ascertain what resources and changes the Secretary and Deputy Secretary
will require from those program areas to support the transformation of
VA, which will include the modernization of VHA, VBA and NCA, the
upgrading and centralization of the agency's IT system, etc.
As part of that effort, I will assess the current state of VA's
human capital, including personnel levels, recruitment and hiring
procedures, training programs, staff evaluations and overall morale to
determine what gaps need to be filled to ensure a work force fully
capable of carrying out the transformation of the department.
Question 4. If confirmed, what would you most like to accomplish in
your new position? What would you hope your legacy to the Department
would be?
Response. Generally speaking, I look forward to helping the
Secretary and Deputy Secretary make the personnel, organizational,
structural and cultural changes needed to assure our Veterans and their
families that VA of the 21st century will always be able to meet their
needs. To support this transformation, VA will need a proactive,
innovative and strategic human resources team. My goal is to leave such
a team in place to benefit VA's clients, employees and programs for
years to come.
Question 5. How would you describe your management style and how is
it suited to this particular position?
Response. In my more than 25 years of leadership and management
experience in the public and private sectors I have had to employ
various management styles, guided by these principles: 1) respecting
employees working for me, trying to understand their concerns and
seriously considering their suggestions; 2) stressing a collaborative
team approach to problem solving; 3) delegating authority and trusting
in the team to carry out its core responsibilities; 4) leading by
example and by walking around; 5) providing my staff with clear
direction and support so they can get their jobs done; and 6) accepting
full responsibility for whatever happens in my area on my watch.
Given my extensive public sector experience and strong leadership
abilities, if I am confirmed, I am confident that I will implement a
management approach best suited to help Secretary Shinseki achieve his
vision of a VA positioned to effectively serve our country's Veterans
and their families for decades to come.
Question 6. How does your experience at the Office of Personnel
Management contribute to your qualifications for this new position?
Response. My experience at OPM and elsewhere, including as a member
of an advisory panel to the Director of National Intelligence
concerning diversity and human capital issues, has helped familiarize
me with many of the strategic human resources challenges facing all
Federal agencies, including VA. Serving as the deputy director at OPM,
the chief human resources agency for the entire Federal Government, I
had the opportunity to serve on or lead various major civil service
reform initiatives. I also had responsibility for labor issues,
facilities management at headquarters, diversity recruitment,
succession planning, and much more, including policy and program areas
pertinent to the responsibilities of the Assistant Secretary for Human
Resources and Administration at VA. I have developed considerable
management experience with effecting structural change in government
programs. This experience will help me support the Secretary's
transformation and modernization of VA in the coming months and years.
Question 7. ``A VA for the 21st Century'' has been a rhetorical
slogan for many in recent years. However, as we near the end of the
first decade of the century, it seems that that goal is still quite far
away. How do you view the role of the Office of Human Resources and
Management in moving VA forward in this regard?
Response. I see the Office of Human Resources Management playing a
crucial role in virtually all transformational activities, including
recruiting and hiring the appropriately skilled staff to carry out
existing program and restructuring activities, and securing needed
technical and management training to support transition to a truly 21st
century VA. Ensuring that successful transformation of the Federal
Government's second-largest department begins and ends with the
department's personnel. With the right levels of staffing, training,
performance evaluations and incentives, organizational efficiencies and
streamlining, forward leaning leadership among all middle and senior
managers, state-of-the-art, user-friendly technology, and an outward
looking culture that always centers on veterans, a 21st century VA is
an achievable goal.
Question 8. As the official who will be responsible for managing
the human resources of the Department, you most likely will need to
deal with delicate situations that impact the lives of many. What
skills do you bring with you to this new position that will help you
handle such cases?
Response. As a result of many years of leading and managing diverse
workforce populations in the public and private sectors, I believe I
have developed a range of skills that will enable me to successfully
address a wide range of delicate personnel issues. Should I be
confirmed, I will bring sensitivity, compassion, discretion, and strong
communications abilities to my job. I have an unshakeable respect for
public servants, acquired over the many years that I served in local,
state and Federal agencies. I always approach any delicate individual
or department-wide human resources matter with clearly expressed
respect for the employee or employees involved. I have found over the
years that by beginning with open and respectful communication, most
situations can be negotiated or otherwise resolved quickly and without
long-term difficulties or rancor.
Question 9. What strategies that might be implemented to ensure
effective communication with all VA employees?
Response. If confirmed, I will actively support efforts of the
Secretary and Deputy Secretary to promote communication and synchrony
among and across all of VA's administrations. VA is already employing a
variety of media to communicate with its employees across the country,
including the VA Web site, video newscasts, emails, and a variety of
publications. I am certain that the new Assistant Secretary for Public
Affairs will soon establish new methods and channels for communicating
with veterans, VSOs, other Federal, state, and local agencies, and the
general public that can also be used to strengthen communication with
employees within VA.
Question 10. What are your thoughts on the ability of VA to deal
with increasing numbers of retirees over the next several years and
what can the Department do to prepare for the loss of experienced
personnel?
Response. Succession planning is a crucial element of any Federal
department's Human Resources strategy; there is no question that we
must be proactive in assuring that the Federal workforce remains
vibrant and refreshed at every level. While I am not familiar,
specifically, with the internal capacities of VA to be able to comment
on its ability to meet the challenge of mass retirements in the coming
years, if confirmed, I will assess the quality of the department's
current centralized and/or unit-level succession and workforce planning
efforts to determine whether they are adequate to meet this challenge.
Question 11. Secretary Shinseki has placed an emphasis on improving
the level of collaboration and cooperation between VA and DOD. What
role do you see for Office of Human Resources and Management in dealing
with areas of concern involving the two departments, such as at the
proposed new Federal Health Center in Chicago?
Response. While I am aware of VA and DOD collaborative efforts to
share health care resources, I am not familiar enough with such joint
projects to comment on the HRM issues related to them. Should I be
confirmed, I will come up to speed very quickly on this topic because I
know Secretary's Shinseki is committed to achieving a seamless health
care system that will serve both active-duty personnel and veterans.
I'm sure that the H.R. issues, though they may be complex, are well
within the abilities of VA's and DOD's HRM offices to resolve jointly,
to the mutual benefit of the men and women both departments serve.
Question 12. Are there any specific problems or challenges that you
have already identified that you would like to tackle in this new
position?
Response. Supporting Secretary Shinseki's goal of a truly 21st
century VA requires addressing a number of short- and long-term
challenges. If confirmed I would work closely with the Deputy Secretary
and the other assistant secretaries, to determine what specific human
resources support will be needed to: 1) move expeditiously on filling
critical vacancies to improve delivery of vital services to veterans
and their families; and 2) to assist in the overall transformation of
VA.
Question 13. This position puts you in a position of being
responsible for a vast array of issues, an enormous numbers of
problems, and a virtual army of personnel all attempting to meet the
needs of more than 23 million veterans and their families--and ideally
do it all with compassion, caring and committed attitude. How will you
approach this challenge?
Response. Veterans have sacrificed much to protect our country.
They have earned our respect, gratitude and support to help them live
their lives as fully and productively as possible. They, and their
families, rightfully expect much of VA, and we have to deliver on our
promise to care for them. Because I believe in the ``walking around,''
principle of management, if confirmed, I will visit VA medical centers,
clinics, regional offices and national cemeteries, and meet with VSOs
and individual veterans in order to better understand the scope of my
work. I will listen carefully to the concerns and recommendations of
veterans and VA staff who are working hard each day to serve them. With
that knowledge in hand, I will be better prepared to lead the Office of
Administration and Human Resources, and provide our employees with the
H.R. services they need to get their jobs done.
Question 14. What emphasis do you place on having a diversified
workforce?
Response. I fully agree with the Secretary's goal of having a high-
quality and diverse workforce as part of his vision for a new, people-
centric, result-driven and forward-looking VA. Indeed, for most of my
Federal career I have worked on various efforts to promote greater
diversity within the civil service in order to ensure a government that
reflects the richness of our country. At OPM I led various initiatives
to increase diversity within that and other agencies. During the past
five years I served on an advisory panel under the Director of National
Intelligence that focused on identifying human capital strategies,
programs and policies to increase diversity throughout the Intelligence
Community.
If confirmed, I will work with my colleagues at VA to ensure that
the department is seen as a highly visible employer of choice for
veterans, people with disabilities, women and minorities from all parts
of the United States.
Question 15. Veterans are afforded specific protections under the
Uniformed Services Employment and Reemployment Rights Act. What
emphasis will you place on striving to make VA the model employer at
the Federal level so that veterans who have fought for the Nation do
not have to come home and fight for their jobs and benefits?
Response. I will make certain that our veterans know that VA is, in
fact, a model employer, and that, under Secretary Shinseki's
leadership, veterans will always be respected and encouraged to join
the VA workforce. Already, veterans make up nearly 30 percent of all VA
employees, and I will, if confirmed, make sure that our doors remain
wide open to our Nation's defenders. Wherever, and whenever, issues
arise that could impede any veteran's opportunity to work for VA, I
will aggressively seek resolution of those issues with all the
authority of my office.
Question 16. The Committee has been advised that every new hire in
the Central Office is currently being examined by the Secretary's
office as part of a ``top to bottom'' review that is currently in
place. Once the Deputy Secretary for Human Resources position has been
filled, what changes do you foresee in the current hiring process and
structure?
Response. Secretary Shinseki transformation vision for the 21st
century VA is ``People-centric, Results driven, and Forward looking.''
I support this vision and the current effort of ``top to bottom''
review of hiring, especially in light of the unprecedented growth of
the organization over the past year and a half. More than 25,000 new
employees joined VA in 2008, with another 17,000 expected to be hired
in 2009. The hiring review allows VA to ensure that the right people
with the right skills to support the delivery of benefits and services
to our Nation's Veterans and their families are where they can do their
best work.
Question 17. During a Congressional briefing on VA's current hiring
practices, a VA official mentioned that an initial review revealed that
a number of available policies are not currently being implemented. For
example, VA has the ability to hire immediately veterans who are rated
at least 30% service-connected disabled. How do you plan to ensure that
managers are not only aware of this authority, but that they will
utilize it in appropriate situations?
Response. As I have studied VA's accomplishments, I have learned
that VA has a long and distinguished record of achievement as it
pertains to Veterans' employment. VA is second only to the Department
of Defense both in the raw number of Veterans in our workforce, as well
as the overall percentage--As of 30 March, 85,556 (29.74%) of our
287,672 employees are Veterans and 23,473 (8.15%) are disabled
Veterans. If I am confirmed, I will be firmly committed to hiring
veterans not just because regulations encourage it, but because it is
the smart thing to do for the department. If VA is not applying all
available authority to bring veterans on board, I will work to remedy
that deficiency.
Question 18. What will your emphasis be on using VA's special
hiring authorities--for example, veterans' preference, Veterans
Readjustment programs, Disabled Veterans affirmative action programs,
and others--to facilitate the employment of veterans?
Response. As I have stated, if I am confirmed, I will be committed
to hiring veterans not just because regulations encourage it, but
because it is the smart thing to do for the department. If VA is not
applying all available authority to bring veterans on board, I will
work to find out why, and address the problem.
Question 19. There have been reports from former Committee staff
that in certain cases, employees who have left the Committee and joined
VA have experienced lengthy delays in effecting the transition between
the two workplaces, including long waits for crediting prior service,
no telephone or computer availability, and non-transfer of benefits. I
am concerned not only by these specific reports but also interested to
know if these types of situations are typical of other new hires within
VA. Please comment on what you believe should be the normal experience
for new VA employees?
Response. I believe that any new hire--in any Federal department--
should be accorded a timely and respectful process. When a new employee
comes on board, he or she should be able to work productively from day
one. This means they should have all the tools available to them, and
that includes the support systems as well as the usual computers,
phones, and supplies. It also means helping them meet with their
colleagues and their managers from the first day and letting them know
that they can access all the services they need to do their job to the
fullest.
Question 20. How will you ensure that field H.R. offices are
familiar with, and utilize, all of VA's programs providing recruitment
and retention incentives for health care providers?
Response. While I don't know enough about this issue or any actions
being taken at VA to address it in detail, from my own H.R.
experiences, I believe that any program that deals with recruitment and
retention must have a good communications component. That includes
providing the most timely training materials and other media
appropriate to educating managers and staff in the best practices of
attracting, hiring, and retaining the best possible employees. If
confirmed, I will look into this matter to determine, in consultation
with the Deputy Secretary and the Under Secretary of Health, the
appropriate course of action that Human Resources Management should
take to help achieve the needed level of health providers throughout
the VA system.
Question 21. How will you make potential applicants aware of
recruitment and incentive programs such as the Health Professional
Scholarship Program, the Nurse Education Tuition Reimbursement Program,
the Employee Incentive Scholarship Program, the Education Debt
Reduction Program, VA Nursing Academy, the VALOR Program, and the
Travel Nurse Corps Program?
Response. As I understand it, VA currently communicates information
to potential applicants regarding these programs in a variety of ways
to include press releases to the news agencies, VA internet Web sites;
national recruitment advertising campaigns both online and print; and
as topic areas in recruitment brochures and literature that target both
new graduates and mid career professionals; and where programs apply,
information is contained in job announcements. I will, if confirmed,
build on the most successful elements of VA's recruitment strategies,
and seek out other communications channels to improve VA's outreach to
potential employees in these critical areas.
Question 22. Currently, offers of employment for health care
providers do not routinely include determinations as to whether VA can
offer them loan repayment through the Education Debt Reduction Program.
How can this program work as a recruitment incentive if such a
guarantee is not included in an initial offer of
employment?
Response. I agree that hiring incentives are valuable tools for
bringing individuals with much-needed healthcare skills into the
Federal workforce, particularly VA. As I understand the EDRP,
applicants for VA employment in critical needs, or hard-to-recruit
areas, are advised that EDRP may be offered, though they still must
complete an EDRP application. If confirmed, I will look into how
information about the proper use of this tool can be better
disseminated among hiring officials and potential eligible candidates.
______
Response to Pre-hearing Questions Submitted by Hon. Richard Burr to
John U. Sepulveda, Nominee to be Assistant Secretary, Human Resources
and Administration, U.S. Department of Veterans Affairs
Question 1. The Department of Veterans Affairs (VA) is our
country's largest civilian agency. If confirmed, you would have the
enormous task of overseeing personnel and administrative issues for
nearly 300,000 employees.
A. How do you plan to approach that challenge?
Response. If confirmed, I will draw on my more than 25 years of
leadership and management experience in the private and public sector
to carry out my responsibilities. I will work within the priorities and
strategic parameters set by the Secretary to carry out those duties,
especially concerning the transformation of the VA. I will work closely
and consistently with the Deputy Secretary, the executive team and VA's
career staff to build on the successful management systems already in
place, and to reform policies and practices that are ineffective or
obsolete. Whenever possible I will ensure that new and readily
available technology and training resources are leveraged to support
effective management and administration of VA's human capital assets.
Finally, I will work with the executive team to meet the current hiring
priorities and ensure that significant attention is given to planning
for the mass retirements that will affect VA in the years to come.
B. What lessons would you bring with you from your experience at
the Office of Personnel Management?
Response. At OPM I had the opportunity to work on various human
resources policy issues and civil service reform initiatives that
provided me with experience in such relevant areas as: labor-management
relations; alternative dispute resolution; diversity management;
succession planning, especially concerning the Senior Executive
Service; the development of new management training; the need for
greater technology to streamline the recruitment, selection, hiring and
retention of mission critical employees; and emergency and contingency
planning.
Among the lessons I would bring from OPM include the importance of
having all of the key stakeholders at the table before developing and
launching a major organization restructuring or reform initiative;
ensuring that vital (actionable) information is fully and consistently
shared with employees at all levels; being consistently clear with all
employees who the agency's ultimate customer is (e.g., the veterans for
VA); making sure that consideration and respect are shown to all
employees at all times; understanding, respecting and complying with
the letter and spirit of any legislation passed by Congress at all
times; and the importance of always respecting the executive oversight
responsibilities of the Congress.
C. What would you hope to accomplish during your tenure?
Response. I look forward to helping the Secretary and Deputy
Secretary make the personnel, organizational, structural and cultural
changes needed to achieve a 21st Century VA that will effectively and
efficiently meet the needs of Veterans and their families. To support
this transformation in short and long-term, a proactive, creative and
strategic human resources team at VA will be needed. I hope to leave
such a team in place when I leave VA.
Question 2. My staff from the U.S. Committee on Veterans' Affairs
has been briefed about a top-to-bottom review of personnel procedures
that Secretary Shinseki initiated. It is my understanding that, during
this review, new personnel will not be hired without approval from the
Office of the Secretary.
A. Have you discussed this review with Secretary Shinseki?
Response. No.
B. If so, what are your thoughts about this approach?
Response. I generally believe it is always appropriate to conduct a
careful review of resources, programs and policies whenever a new
leadership team takes over at an agency or company. Given that VA has
hired 25,000 new employees in 2008 and expects to hire another 17,000
in 2009, a careful review of hiring is appropriate to ensure that
sufficient personnel are hired and deployed to carry out the specific
priorities of Secretary Shinseki. Nevertheless, I do not have enough
information on this particular process outlined above to offer any
additional opinion.
[The Committee questionnaire for Presidential nominees from
Mr. Sepulveda follows:]
[A letter from the Office of Government Ethics follows:]
[Letter from Mr. Sepulveda to the Office of General
Counsel, U.S. Department of Veterans Affairs:]
Senator Akaka. Thank you very much for your testimony.
Before we begin with our questions, let me ask you, Colonel
Gunn, to introduce your family.
Colonel Gunn. Thank you, Chairman. We have been joined by
my wife, Dawn Latham Gunn; by my parents, Willie and Elizabeth
Gunn; by my son, Latham Gunn; my daughter, Arena Gunn; as well
as by my pastors, Pastor Rosemary Bonner and Apostle Crosby
Bonner.
Senator Akaka. Well, thank you very much. Welcome to the
hearing this morning.
I will ask the nominees to please stand for the
administration of the oath. Will you please raise your right
hand? Do you solemnly swear or affirm that the responses you
are about to give to questions, as well as your testimony and
any answers to any pre- or post-hearing questions before the
Senate Committee on Veterans' Affairs will be the truth, the
whole truth, and nothing but the truth, so help you God?
Mr. Baker. I do.
Colonel Gunn. I do.
General Riojas. I do.
Mr. Sepulveda. I do.
Senator Akaka. Thank you. Let the record note that the
nominees answered in the affirmative.
Mr. Baker, in your written testimony, you acknowledge the
challenges you are inheriting in the position. Of course, if
confirmed, these will be your challenges. You note that there
is no easy path, no simple answer, and no shortcut solution to
creating a strong IT capability at VA.
That being said, where do you plan to begin to fix the
problems and create solutions?
Mr. Baker. Thank you, Mr. Chairman. In my view, this is a
large-scale management problem. You know, key areas to focus on
in the beginning are: to address the issues with failed
programs and the environment that allows programs to continue
on for 10 years before being identified as failed programs; and
fixing that from a management standpoint.
Clearly, a focus on continued good operational delivery of
services to the internal customers (the Veterans Health
Administration, the Veterans Benefits Administration); working
with the people in the VA IT organization to improve skills and
address skills gaps; to do training; and working with the
partners at the Department--the vendors that work with the
Department that are probably half again as many staff as we
have employees--to make certain that we are getting the real
benefit of the work that they do in a timely fashion. I think
those are probably the four starting points.
There will be many, many challenges as we go along, and I
think it is probably safe to observe that, as soon as we say
here is where we want to start strategically, things will start
to pop up that we have to deal with, to make certain that they
are being appropriately dealt with from an urgent standpoint.
Senator Akaka. You mention in your testimony ``seamless
transition.'' My question to you at this point is: How do you
intend to work with the Defense Department on records so that
they can become seamless from Defense to Veterans?
Mr. Baker. Mr. Chairman, I have a high expectation of what
``seamless transition'' means. The servicemembers, when they
join the military, do not expect that they are going to have to
change complete organizations when they move from military
servicemember to veterans. They, I believe, see themselves as
working for the same Government.
The records that DOD has about the servicemember's service
and about their health are vital to the VA being able to
provide what appears to the veteran as something that means
they have never left the same Government. Potentially, they can
log into the same Web sites with the same log-in IDs that they
used to when they were in the DOD at VA, see the same sorts of
information, and have an environment where it is clear that we
are supporting them.
Working with DOD, we will recognize that we currently
exchange a fair amount of information both in the bidirectional
health information exchange and on the benefits side with
information coming from the personnel information at DOD.
But there is a lot more that can be done and a lot of work
that needs to be done just make certain that that information
comes to VA in a usable form. It is one thing to receive the
information; it is another to be able to really use it and
apply it to maximize benefits and minimize wait times.
I have numerous friends at the Defense Department. I know
that, if necessary, we can utilize General Shinseki and Deputy
Secretary Gould's good contacts there to help leverage things.
And in the long term, I guess I would just tie that question--
How do we create a seamless transition?--to the President's
vision of that lifetime electronic record, because that is the
key part. When you have that lifetime electronic record, when
you can access that information at any time that you want to
serve the veteran, that is going to provide much of what is
needed for that seamless transition.
Senator Akaka. Yes, well, thank you. We will have another
round here. I will turn to our Ranking Member for his
questions.
Senator Burr. Thank you, Mr. Chairman. It looks like we
will do this together today, which is advantageous to us.
A couple of housekeeping questions, if I can, for all of
you, and I would just ask for a quick response, if you would.
As Ranking Member, I have some obligations to do oversight
that I think all of you can understand. Do you pledge to submit
timely answers to my questions? Let me start on that side.
Roger?
Mr. Baker. Yes, sir.
Colonel Gunn. I do, sir.
General Riojas. I do.
Mr. Sepulveda. Yes.
Senator Burr. Do you pledge to submit testimony before the
Committee on time and agree to submit follow-up questions for
the record in a timely manner?
Mr. Baker. Yes, sir.
Colonel Gunn. Yes, Senator.
General Riojas. Yes, I do.
Mr. Sepulveda. Yes, sir.
Senator Burr. Each of you stressed in your testimony the
importance of the VA moving to a 21st century organization,
which I think we all want it to. What do you see as the
greatest challenges in this transformation? And how are you
prepared to successfully tackle them?
Mr. Baker. I guess I will start, Senator. Thank you.
As we discussed this morning when we met, the change
management, you know, the organizational change is certainly
the largest challenge that we will face. One of the things you
learn as a technologist is that you can create wonderful
systems that no one wants to use because they either have not
been trained, the interfaces to them are unfriendly, or the
information there is not of any use or the processes there are
not of use to them. So, I think that organizational change
piece--making sure that we are serving the organizations from
an IT perspective, that we are serving the organizations that
directly serve the veterans, our job is to partner with VHA,
VBA, and CA to help provide that service to the veteran. So
from that technology standpoint, I think that is the challenge.
How am I prepared? I would say I have taken my whole career
to prepare for this one. As a CEO you deal with these kinds of
problems all the time--not on the same scale. There are a few
organizations that are the same scale as the Department of
Veterans Affairs. But this is what my career has really
prepared me for, both as a technologist and as a manager.
Senator Burr. Great. Colonel?
Colonel Gunn. Senator, as you know, the Office of the
General Counsel has over 400 attorneys spread out over 22
regional offices with about one-third of those attorneys being
here in Washington, the others spread out all over the country.
Because of that, because of that decentralized aspect,
communication will be a challenge. The Office of the General
Counsel I see as being involved in all aspects of
transformation. We are going to have a piece in it--if nothing
else, from an advisory standpoint--to make sure that we are
complying with law and with regulations and to provide advice
with respect to what areas there need to be changes in order to
effect transformation.
I see that, when you are talking about transformation, one
of the biggest challenges is simply that of communications. I
think it is impossible to overcommunicate. The decentralized
structure that we have places some special demands on
communication, particularly when, as I see it--I have seen the
organization chart--if I am confirmed, I will be the only
political appointee in the Office of the General Counsel. So
there are many people, as we discussed earlier, who could just
wait me out if they wanted to.
So, if we really want to effect change, we are going to
have to--I would have to work very closely with the people that
are already there, and I would have to listen to them; because
I believe that there are a lot of good ideas that are just not
housed here in Washington, but they are spread out all over the
country and all over the organization.
In terms of my preparation, my background is one where I
have been blessed with the opportunity to serve in some
positions at organizations in which I have been in
decentralized environments. I think that, again, as Roger Baker
just stated, the scale does not compare, but I have been in
that situation, and I am up to the challenge.
Senator Burr. Great. General?
General Riojas. Senator, thank you for the question. I
believe I would have several responsibilities relative to the
transformation of the organization. One of them would be
establishing and maintaining an operations center that
facilitates the flow of information and communications within
the VA team so that predictive analysis can be made, and
recommendations can be made so that decisionmakers can make
timely decisions for the organization.
Just as importantly, I think that operations center would
need to be an integral part of the interagency community so
that VA as a Department is seen as an asset to the National
Government as a whole, both before, during, and after times of
crisis, emergencies, manmade or natural disasters.
Senator Burr. Great. John?
Mr. Sepulveda. Yes, Senator, I have some experience in
change management, and I can tell you probably the most complex
challenge is motivating the people at the Department to go in
one direction. As my colleagues mentioned, people are resistant
to change, and because there are changes in administrations,
some people decide that they can wait out this administration
if they do not like the direction that the Department may be
going.
So, the biggest challenge--working with the Deputy
Secretary, working with my colleagues, and working with the
staff there--is to motivate, direct, and lead the staff in a
direction that helps to support the transformation. And one of
the ways that I would do that is, first and foremost, get an
assessment of where the gaps are in terms of training, in terms
of resources, and in terms of leadership. The next is to really
communicate the Secretary's vision to the lowest level and the
highest level, so that we are going in the right direction and
everybody has a stake in the transformation. Because,
ultimately, the transformation is meant to do one thing, and
one thing alone: it is to serve our Veterans, and that is
really the thing that is supposed to unite us. And I am hopeful
that it will.
Senator Burr. Great. Thank you, Mr. Chairman.
Senator Akaka. Thank you very much, Senator Burr.
Colonel Gunn, I understand that it will take you some time
to get up to speed on issues that are facing the General
Counsel's office. Some of the questions that I submitted for
your response, prior to this hearing, were left unanswered
because of your lack of familiarity with the issues.
Will you agree to respond to those questions within the
next 60 days so that they can be made part of the record of
this hearing?
Colonel Gunn. Absolutely, Mr. Chairman.
[Mr. Gunn's follow-up responses are posted as Attachment A
on page 195.]
Senator Akaka. Thank you very much, Colonel.
General Riojas, from the answers to your pre-hearing
questions, it seems clear that you believe interagency
collaboration and cooperation are important. Give me a few
examples of how you will work with other Government agencies to
accomplish the mission of the Office for which you are
nominated.
General Riojas. Mr. Chairman, thank you for the question.
If confirmed, I think establishing and maintaining open lines
of communications--specifically so that trust and confidence
can be established and shared among the agencies--is a bedrock
for that particular operation and that capability. And once
those are established, information sharing among organizations
is very, very important so that each organization can look at
the capabilities and see that all the pistons in the engine can
function and serve the Nation as a whole. This would be my
overall approach to establishing that collaboration and
partnership in the interagency community.
I have had experience in the past doing that. I currently
serve as the Executive Director for the National Center for
Border Security and Immigration, a Center of Excellence for the
Department of Homeland Security, where I have the opportunity
to work in the interagency community. I am very comfortable in
that environment and believe that I could serve in the position
very well in establishing that capability for Veterans Affairs.
Senator Akaka. Thank you, General.
Mr. Sepulveda, a major concern of mine is that VA should be
a model employer when it comes to the important protections
afforded by the Uniformed Services Employment and Reemployment
Rights Act. I do not believe that an individual who has left
their job to fight for this country should, under any
circumstances, come home and have to fight to get their job
back.
Can you expand on what you intend to do to make sure that
VA is fully compliant with USERRA?
Mr. Sepulveda. Thank you, Mr. Chairman, for that question.
You are absolutely right that when we have employees who are
deployed, they should not have to worry about whether or not
the job is still there waiting for them when they return. The
fact of the matter is that when Congress passed USERRA in 1994,
the intent was to ensure that the Federal Government would
always be a model employer, and if there is any agency within
the Federal Government that should be a model employer for
veterans and redeployed employees, it should be the Department
of Veterans Affairs.
So a couple of things that I would specifically look to do:
One would be to make sure that all of our managers and
supervisors and executives are fully aware and fully compliant
with USERRA and understand what their responsibilities are--
there are specific responsibilities that they have--and
understand that they have to carry them out.
The second thing that I would look to do is to have H.R.
staff work with these individuals so that when employees are
indeed deployed, the supervisors and managers are already
planning for their return, so that they already know that
within a period of time--3 months, 6 months, 1 year--they are
going to be returning. And the manager and the executive have
made plans to have that individual integrate quickly,
seamlessly back into the workforce, without any loss of
benefits, without any loss of seniority, without any loss of
stature within the organization.
So those are two specific things that I would look to do,
if confirmed.
Senator Akaka. Thank you very much. I would like to call on
Senator Isakson for any opening statement or questions he may
have for our nominees.
STATEMENT OF HON. JOHNNY ISAKSON,
U.S. SENATOR FROM GEORGIA
Senator Isakson. Thank you, Mr. Chairman. I will not make
an opening statement, but I do have a couple of--well, one
question and one point to make.
General Riojas--is that the correct pronunciation?
General Riojas. Yes, sir, it is.
Senator Isakson. How are you today?
General Riojas. I am doing fine. Thank you.
Senator Isakson. Since you are going to be over Operations,
Security and Preparedness, I would assume that would mean the
VA hospital facilities operations and preparedness. Is that
correct?
General Riojas. Yes, sir.
Senator Isakson. I would appreciate it, when you are
confirmed, which I am sure will take place with your sterling
reputation and record, I wish you would take a look at the
Clairmont facility on Clairmont Road in Decatur, Georgia, which
is the VA hospital there, which is going through extensive
renovations thanks to the help of the Ranking Member and the
Chairman when we got the authorization a couple of years ago.
But as a part of that, almost all the parking has been lost for
a period of time, and a number of the VA patients who are
coming, they actually have to get in line to have their car
parked, and some of the ones who are on oxygen are having to
walk extensive distances to get to the facility because of a
logistical problem with the VA.
Now, the hospital is doing a great job of working. They
have leased some parking spaces downtown for all the employees
so they can shuttle them back and forth to leave as much
available as possible. But, just yesterday I had a conference
call with veterans in the State, and one of them who is on
oxygen was talking about how he has to take two extra tanks of
oxygen just to go to the VA hospital in Atlanta to be able to
get from where he is let off to where he goes.
So, if you would look into that, I would appreciate it very
much.
General Riojas. I will, sir.
Senator Isakson. And, Mr. Baker, if you get--and I am a
hometown guy, so I am bragging about Georgia for a second, I
will have to apologize. I hope, as you look at examples of IT
and success in the VA, that you will look at the Eisenhower
Army Medical Center at Fort Gordon and Augusta VA Medical
Center's uptown facility. They are the ones that developed the
seamless transition from DOD health care to veterans health
care and, in particular, have a paperless transfer in terms of
the medical side now. On ``NBC Nightly News'' about 2 weeks ago
there was a feature on that facility and what they are doing. I
am a big believer in medical IT, and I think that the VA is
probably leading all health facilities in getting medical IT
right. But there is an awfully good example of it there at
Augusta at the Eisenhower Medical Center and the uptown VA
facility. So I urge you to take a look at that as soon as you
can.
Mr. Baker. Thank you, sir. I will do that.
Senator Isakson. Thank you, Mr. Chairman.
Senator Akaka. Thank you very much, Senator Isakson.
Let me turn to the Ranking Member for further questions
that he has.
Senator Burr. Thank you, Mr. Chairman.
Roger, in pre-hearing questions, you said that the VA, and
I quote, ``does not benchmark itself versus good private sector
organizations to determine where gaps exist.''
A very simple question: What type of private sector
companies would you look to, to go through that benchmark
comparison?
Mr. Baker. Thank you, Senator. I think there are two sets
of those. In the first case, we should be looking at other
health providers, other insurance providers, understanding how
they do business and how they use technology to best provide
services to their clients.
The second thing is in areas like IT infrastructure,
information security: we should understand who the best
organizations in industry at doing those things are and learn
from them and benchmark ourselves against them. There are lots
of services that will help us understand where our policies,
procedures, and results rank against other organizations, and
in that process, we can learn a lot about how and where could
we improve just by benchmarking ourselves.
Senator Burr. What specific areas would you feel are most
appropriate to try to benchmark?
Mr. Baker. Certainly, operational metrics. I personally
would want to look at what are organizations like Kaiser
Permanente and other folks doing relative to up time for the
systems in hospitals or what are insurance companies like USAA
doing relative to insurance benefits and their ability to help
those benefits processors move the paper along, move the
process along. So those are two relative areas.
I have a lot of experience in information security. I
really want to look at how other very large organizations like
some of the major banks and some of the folks that have had
substantial incursions and losses like we have, have responded
to those and have they done things that we could learn from in
making ourselves better.
Senator Burr. Great. I do hope, as you do that, you will
share that with the Committee, as I am sure you will with the
Secretary.
Colonel Gunn, the VA General Counsel's office is
responsible for representing the Secretary before the U.S.
Court of Appeals for Veterans Claims. In February 2009, one of
the judges from the Court testified before this Committee that
parties from both sides ``have time-management problems, but
the Secretary has the greater number of requests for extension
of time.''
What steps could you take, if confirmed, to reduce any
time-management problems within the General Counsel's office?
Colonel Gunn. Well, sir, of course, I have not had the
opportunity to study--I believe it is Group 7 that deals with
representation before the court. However, upon taking the
position, if I am confirmed, I would go in and launch a
comprehensive study of the entire office, including Group 7.
I think that when you talk about requests for time delays
having been involved in representation before Federal courts,
both at the trial level and also at the appellate level, you
first of all have to ask if the resources that you have match
the caseload that you have. And so, one of the considerations
is if we have the necessary resources in order to accomplish
the job in an effective manner.
The other consideration is, do we have the training in
place in order to provide the representation that needs to be
provided? I would be looking at both of those issues going
forward.
Senator Burr. Thank you. I hope that, if you find
especially that there are assets that are needed, you will
share them with the Committee.
Colonel Gunn. Yes, sir.
Senator Burr. We have a tremendous backlog within the
appellate court, as I am sure you are aware of, and in a
bipartisan approach we have tried to do everything we can to
alleviate that backlog. And, as I said to you this morning and
to your colleagues, we can never forget the human face behind
the VA, which is the veteran that is there for the services.
And it disturbs me when the Secretary seeks an extension of
time because we are forcing a veteran then to drag out the
conclusion of their appeal. And I think we owe it to them to do
it as expeditiously as we can. So, I look forward to any
comments that you might have later on as to how we speed that
up.
Colonel Gunn. Yes, sir.
Senator Burr. Last question, General. Your office has the
oversight responsibilities for the VA's internal police force.
In 2009, the VA's goal was to see that 89 percent of field
police units were determined to be operating at ``satisfactory
levels.''
One, what does ``satisfactory level'' mean?
And, two, would you agree with me that our expectation
should be that 100 percent of that police force meet
satisfactory levels?
General Riojas. Senator, thank you for the question. I am
not familiar either with the number or that particular
categorization of ``satisfactory level,'' so I do not know what
type of metrics were established and then how individuals were
assessed against those metrics. So I am not prepared to answer
that.
Senator Burr. Well, let me ask the question in a different
way. Regardless of what that definition of ``satisfactory''
would be, would you not have expectations that 100 percent of
those officers would meet that level?
General Riojas. Sir, that is a very high number, and I am
not sure that anyone would set themselves up for success by
establishing 100 percent. But, I would say that it is incumbent
upon us to select the right individuals, to train them, to lead
them, to assess their performance along the way, and to reward
their performance, good or bad, along the way. And we would
seek to achieve the highest level of performance by those law
enforcement officers.
Senator Burr. I appreciate your reluctance to necessarily
commit to a high number. I hope that is a goal that we can
shoot for, though. And I would mention that that field police
unit is the law enforcement mechanism on that footprint, that
VA footprint. And it is absolutely essential that we train
those individuals to know the population that they are dealing
with day in and day out. I think all of us up here can speak
from experience that not a day passes that we do not have a
veteran that has a problem with the delivery of care. It may be
a real one, or it may be a problem as they see it.
Unfortunately, if they confront somebody that does not have the
skills or the understanding of the population, a police unit
could react in a way that is not beneficial to the veteran, to
the facility, or to the VA. And I know we want to try to
minimize any confrontations that exist like that. I appreciate
it.
Again, I look forward to a very quick process of
confirmation for all of you.
Thank you, Mr. Chairman.
Senator Akaka. Thank you, Senator Burr.
Mr. Baker, following the recent failure of the new patient
scheduling application, Secretary Shinseki ordered a top-to-
bottom review. My concern is that the individuals conducting
this review are some of the same people who were integrally
involved in the patient scheduling project.
Please report back to me within 60 days of your
confirmation with your personal assessment of how much of the
patient scheduling is salvageable. In the meantime, do you have
any initial thoughts about this latest failure or why VA seems
to have repeated these failures?
Mr. Baker. Thank you, Senator. I certainly will look at
that when I report back to you within 60 days.
As I said in my response to a pre-hearing question, while I
have not had a chance to look in-depth at this one, from the
briefing I was able to attend, my view is that a lot of the
issue with the patient scheduling and other failures is an
environmental one of dealing honestly with recognizing the fact
that you are failing.
The program certainly showed evidence of having problems
well before the 10-year mark and well before it was marked as a
red program in the project schedule. And it is important to
accept those things top to bottom, deal honestly with them,
and, if necessary, admit to yourself that you are failing and
that substantial correction is required, not just incremental
correction.
It is a common-sense management discipline that from my
standpoint I would plan to apply throughout, and maybe the most
common sense is to create an environment where people in the
organization feel they can be honest about where things are and
have that be viewed as a positive and not a negative. So that
is just kind of an overall view of the environmental factor. I
certainly will report back on more detail when I have it.
[Mr. Baker's follow-up letter is on page 180.]
Senator Akaka. Thank you.
Colonel Gunn, in your testimony, you noted that while you
were a White House Fellow, you served as a liaison to the VA
Secretary.
Colonel Gunn. Yes, sir.
Senator Akaka. And since that time, you stated that you
have followed many of the issues affecting VA from afar. From
your perspective, what are the issues that you have followed
that will require your immediate attention, if confirmed as
General Counsel?
Colonel Gunn. Sir, issue number 1 goes to the heart of the
Secretary's vision for transforming the organization into a
21st century organization, and that is the issue of being
people centric.
In both my time in the military, my time since I retired in
2005, and most particularly during the course of the last year
since opening my law firm, I have had the opportunity to talk
to many veterans and their families about the perception among
many that the VA has a long way to go in terms of being a truly
people-centric, customer-friendly organization. And I see that
as really the heart of the matter because if we get there, a
place where the VA is considered a model of being customer
friendly, then from my vantage point, everything else follows
from that.
So, while I have looked at issues in terms of the level of
benefits and the various processes, all of those really pale in
comparison to that central issue of being focused on the people
and making those people feel like that they are what this
Department is most concerned about.
Senator Akaka. Thank you.
Let me call on Senator Burris. Do you have any statement or
questions for the nominees? This is your time.
STATEMENT OF HON. ROLAND W. BURRIS,
U.S. SENATOR FROM ILLINOIS
Senator Burris. Thank you, Mr. Chairman, Mr. Ranking
Member, fellow Senators. I would like to congratulate the
panel. I have interviewed three of them, really, and--did I see
you, Mr. Baker?
Mr. Baker. Yes, sir.
Senator Burris. Well, I have interviewed all of them.
[Laughter.]
I had so many coming at me. I am just trying to figure out
whether or not I covered them all. I do want to say that I
found it very, very informative in our interviews of these
gentlemen; and I also found out, Mr. Chairman, that the
paperwork that is involved in what they are doing is just
tremendous. There are just so many different forms that have to
be filled out and so much vetting has to be done; I was advised
that they were definitely looking at that vetting process. But
I would just like to check with Mr. Baker and see if when he
becomes confirmed, he will definitely look at the information
that is being misplaced and lost and records cannot be found,
so they hope that the information technology system will
improve that somewhat. I am pretty sure you have not had a
chance to go in there and look at anything, but I wonder if you
had any type of views on what the situation is currently prior
to your going on.
Mr. Baker. Thank you, Senator. As you can imagine, I have
not had a chance to look at that closely, and so I think the
best response is that I will come back to you with some answers
on that when I have had a few weeks to take a look at where
things are.
Senator Burris. Please check that out, because the report
from my veterans is that they send some paperwork in and it
gets lost, it gets misplaced, the computer systems are not
talking to computer systems. Some of it, which will go to an
H.R. question, is the resources, that we do not have the
personnel to really handle the volume and workload. Is that
correct, Mr. Sepulveda, to your knowledge?
Mr. Sepulveda. To my knowledge, we have some challenges
there. We have a great staff. People are working really hard,
but the reality is that the H.R. staff clearly needs some
additional training and resources to help them do their job and
to work in concert with the other departments within the
agency. So you are absolutely right. There is a lot that needs
to be done, but I am pleased, from what I have seen so far,
that we have very dedicated people, good people. I think they
just need some additional resources.
One challenge that I just want to mention about the H.R. is
that the retirement issue is going to be a major challenge
because my understanding is that 50 percent of our H.R. team
throughout the Department is eligible for early retirement or
regular retirement. So there is going to be that challenge that
we are going to have to be facing and planning for very soon.
Senator Burris. We will have to find a reason to extend the
time, because given the current planning, some of them may have
to stay on. But I think the Federal pension is probably pretty
good.
I would like to just point out to Colonel Gunn, I have
known this young man for years. We were on the ABA Committee
together when he was in JAG and I was Attorney General working
with those issues. And I ran across the Colonel when he came
in, and I was wondering whether or not that was the same Gunn I
had seen during those years, and, Colonel, it is certainly good
to see you again, to have you come back and make your
acquaintance. We had a great time at the ABA taking care of
those issues.
Colonel Gunn. Yes, sir.
Senator Burris. And being a seasoned veteran and a lawyer--
I am sorry you graduated from Harvard and not Howard, but----
[Laughter.]
Colonel Gunn. I understand.
Senator Burris. Being a seasoned lawyer, I am sure you will
take care of the legal matters. And, of course, I want to
compliment General Riojas, because I was chatting with him the
other day, and I said, ``What rank are you?'' And he says, ``I
am a Brigadier General.'' I said, ``Wow.'' I had to salute him.
So, we are looking forward to you all joining, especially
with the knowledge that you all have, you are veterans, you
know what is going to be needed. Please go in there and be
committed to our men who made this country what it is.
My favorite expression to all you military personnel--and
I've never served in the military--is, ``The only way we can do
in America what we do is because you all have done what you all
did--protecting us and this country and giving us this quality-
of-life.'' And we owe a great debt to all of those individuals
who served this country. Now that you are all in a position as
civilians to help them, take care of them. They took care of
us.
Thank you, Mr. Chairman.
Senator Akaka. Thank you very much, Senator Burris.
Now I would like to call on Senator Johanns for any
statement and questions he may have.
STATEMENT OF HON. MIKE JOHANNS,
U.S. SENATOR FROM NEBRASKA
Senator Johanns. Well, I will pass on the statement, Mr.
Chairman, and I will just jump right into questions.
First, to the entire panel, congratulations. I think just
to be here is an important thing. Having been through a
nomination process and confirmation process as a member of
President Bush's Cabinet,
I think it is just a great honor to serve your Nation in this ca
pacity.
Second, congratulations on outstanding resumes. All of you
are enormously qualified to do what you are heading out to do.
Let me, if I might, start out with General Riojas. We have
been--and still are--going through the issues relating to the
flu. Of course, that has gotten a lot of attention not just
here but all across the world, really.
Give me your impression of how well prepared the Veterans
Administration would be to deal with something of pandemic
circumstances, what you would like to focus on. How do we
ensure that our veterans are able to get the care they need? I
would just like you to cover kind of the bailiwick here in
terms of that kind of very, very drastic situation.
General Riojas. Senator, thank you for the question. If
confirmed, those are exactly some of the questions that I plan
on asking as I conduct my assessment about our internal
capabilities. I think it is very important that we
consistently, constantly focus on the veterans so that no
matter what the circumstances may be, prior to a flu challenge
such as we have right now, or other manmade or natural
disasters, that we be properly prepared for that internally.
I think that it is also very, very important that the
organization as a Department be integrated fully with other
departments in our Government so that proper integration in
planning, preparation, and actually during or after a
particular situation is effective and efficient, maintaining
that service to our veterans but shifting it a bit perhaps to
service to the Nation.
I am not well briefed or completely knowledgeable about
what our exact capabilities are, but I do know assembling that
information so that our decisionmakers within the Department
and, an appropriate, outside the Department so that Secretary
Shinseki can take recommendations to the national departments
would be very, very important, and I would take that lead in
that particular development.
Senator Johanns. I really urge you do to that. When I was a
Cabinet member, we worked on avian influenza, and the
conclusion I reached is: this is just a matter of time.
General Riojas. Yes.
Senator Johanns. The viruses, as you know, ebb and flow,
and in the influenza of 1918, it actually started out and it
did not look like it was going to be so bad.
General Riojas. Yes, Senator.
Senator Johanns. And then it came back with a vengeance,
and I just think we have to be prepared and very mindful that
we have been lucky for a long time. So I encourage you to put
that at the top of your list.
Colonel Gunn, I am going to ask you some questions here
about veterans claims.
Colonel Gunn. Yes, sir.
Senator Johanns. I think everybody on this Committee has
heard from veterans about the painfully slow claims process and
trying to get through that. Give us some ideas on how you might
address that and how we can--I do not know if we streamline or
whatever. Give me some ideas on how we can improve the
situation there for our veterans.
Colonel Gunn. Senator, thank you very much for the
question. In preparation for the hearing, I talked a bit with
the Deputy General Counsel of VA, Jack Thompson, who has been
there for many years, and he informed me that there is a
working group underway to look at exactly how the General
Counsel's office can help in that particular area.
Directly answering your question, though, the first answer
that I have really goes to my colleague here at my right, and
that----
Mr. Baker. Thanks. Absolutely.
[Laughter.]
Senator Johanns. You can say that. We are going to hold you
both accountable.
[Laughter.]
Colonel Gunn. Fair enough. In all sincerity, Senator, I do
see information technology as playing a major role, and it is
in this sense, in the course of the last year--well, actually
last summer--I opened my own law practice to provide service to
veterans and military members. Ironically, even though that was
my goal and I envisioned that I would be representing people
who were trying to obtain VA benefits. It just never worked
out, and so the practice went in a different direction.
I talked to, though, many people that were in that
situation, and one of the frustrations that they had was the
lack of transparency with respect to the claims process in the
sense of: they would submit a package asking for, say, a
disability rating, and then they would just wait. And they
would try to find out information, and they found it extremely
difficult and frustrating to just get information in terms of
where they stood. And I would like to think that there are ways
to get around that so that, at a minimum, an individual would
be able to have more information in terms of, well, your
package was submitted here, it is now at this particular level.
That is reassuring--that in any process, if you know where you
stand and how long it is likely to take after that point, that
helps tremendously.
Senator Burris also asked a question about how do we get
beyond lost documents and such, and again, looking at, OK, are
there impediments right now to our using our existing
technology or developing new technologies so that we are not
depending upon a paper record in that regard. Then I think that
those are things that certainly will help.
And then just finally, more germane to my responsibilities,
if I am confirmed as General Counsel, I just think we have an
ongoing responsibility to make sure that the people that are
working with the claims out in the field, that they know what
the impact of the latest law, as well as court decisions are.
So, we have an ongoing responsibility just to educate, and we
cannot get beyond that.
Senator Johanns. I encourage you to work on this because
you know as well as I do that delay feels like unfairness. You
know, you sit there day after day. You feel you need these
benefits and services. And, you know, to the average veteran
out there, as each day goes by, as each week goes by, it feels
unfair. So, whatever you can do to deal with that delay--you
know, the Veterans Administration has done some great things
with technology. I remember getting a briefing a couple of
years ago on medical records, and some of it is really trend-
setting. My hope is that we can move this technology to another
level because I do think it is important. So, I encourage all
of you to work on that.
Boy, if there was one thing that you could come back in a
couple of years and say, ``Hey, we have done better here,'' I
think the whole Committee would applaud; this would be the
area.
Thanks.
Senator Akaka. Thank you very much, Senator Johanns.
Mr. Sepulveda, in your testimony, you refer on several
occasions to Deputy Secretary Gould's vision of an updated
workforce with well-trained employees. Could you please give us
now your preliminary thoughts on what specific steps you might
take to help this vision become a reality?
Mr. Sepulveda. Thank you, Mr. Chairman, for that question.
I think that first and foremost the vision that we are
operating with is the vision articulated by the Secretary and,
of course, the Deputy Secretary's job is to provide some
detail, and then the rest of us, if confirmed, are to provide
some operational details to that strategic plan.
Clearly, the area that I would be focusing on is human
capital, and that means several things because we have several
challenges facing this Department. One is the retirements, the
large number of retirements that are going to be coming in the
next several years. When you have over 30 percent of your
employees eligible to retire and when you are talking about a
Department of 280,000, you are talking about significant
numbers of people that you are going to have to plan to
replace. That is one challenge that is going to have to be
focused on. So, in other words, what we are talking about is
transforming the Department, but at the same time focusing on
the operational issues to keep it running efficiently right
now. So, succession planning is one.
The other is training. Again, it is incredibly important to
provide the appropriate kinds of training at all levels so that
service can be delivered efficiently. And I would like to
include in that the customer service training that I mentioned
before because I think it is important that we all get grounded
continually in why we are there. We are there to serve the
Veterans. We are there to provide the best service possible,
with respect, with consideration, with compassion. And that is
another part that I would be focusing on.
In addition, we have some major programs that have to be
implemented, the new GI bill, the Priority 8 Veterans, the OEF
and OIF Veterans that have to be integrated into the system.
And we have also the need to accelerate the quality and the
timeliness of the processing of our benefits. So, there are lot
of challenges that are occurring right now.
So, in many ways, we have to, frankly, walk and chew gum at
the same time. We have to transform the Department with a focus
on the strategic vision that the Secretary articulated and the
President articulated, but at the same time operationally
address the needs right now. That is a big challenge, and I see
myself playing a very supportive role there, working with my
colleagues and the Deputy Secretary to make that happen.
Senator Akaka. Thank you, and for the record, can you
please report back to the Committee with a preliminary plan of
action within 60 days?
Mr. Sepulveda. Yes, sir.
[Mr. Sepulveda's response follows:]
Response to Request for 60-Day Follow-up Plan by Hon. Daniel K. Akaka
to John U. Sepulveda, Nominee to be Assistant Secretary for Human
Resources and Administration, U.S. Department of Veterans Affairs
How do you plan to implement Deputy Secretary Gould's vision for
training of VA employees?
Since my confirmation hearing and swearing-in ceremony I have had
several opportunities to meet with Deputy Secretary Gould to learn more
about his vision for investing in human capital. I share the Deputy
Secretary's views on the importance of training and how it is linked to
the Department's ability to deliver on the Nation's commitment to
Veterans. An investment in VA's human capital is also critical to
President Obama's and Secretary Shinseki's pledge to transform VA into
a 21st century organization.
VA has the challenging task of transforming a complex
infrastructure of 290,000 people and a vast network of systems,
processes, and protocols, into an integrated, forward-looking, results-
oriented, Veteran-focused workforce essential to serving Veterans. It
is of paramount importance that the Department not only recruit, hire
and retain the best people possible to ensure that quality care and
services to Veterans continue, but that the workforce is trained and
developed to sustain and continuously improve services to Veterans.
Therefore, training that develops and empowers our workforce must be at
the center of our transformation efforts.
Since joining the Department, I have reviewed the Department's
Strategic Human Capital Plan, which is a roadmap to developing a
workforce fully capable of meeting the demands associated with the
provision of quality health care and the timely delivery of benefits to
Veterans and their families. I will implement the cross-cutting
objectives and strategies of the plan, which include developing leaders
who will inspire our workforce and transforming VA into an organization
capable of meeting the demands of Veterans in the 21st century.
I will use the Plan to guide strategies to recruit the best talent,
to acquire and train entry and mid-level employees, to deploy and
enhance learning management systems, to strengthen the Department's
leadership pool, and to improve service delivery to Veterans. There is
an obvious connection between the quality of VA's workforce and the
quality of VA programs and services. I will work with the staff offices
and administrations to develop, deploy, and evaluate training in the
following areas:
1. Leadership and Management Training supports the development of a
corporate culture and cadre of agency-wide leadership norms and
behaviors, and breaks down stovepipes.
2. Supervisory Training bolsters the critical role that supervisors
play between the organization's goals and the employees' capability to
deliver.
3. Technical Training aligns competencies and skills with employee
performance and organizational goals.
4. Transformation Training provides strategic focus and change
management skills development--including leveraging the inherent value
of diversity and inclusion--that establishes an agency's ability to
deliver forward-looking, Veteran-centered, and results-driven service
as well as establish a reputation as the kind of employer that will
attract and retain outstanding, diverse, and energized talent.
Finally, I will work to ensure that the Department's training
efforts support VA's workforce planning and succession strategies. I
will also create an evaluative framework to assess the efficacy and
impact of training on the workforce's ability to serve Veterans.
Senator Akaka. Mr. Baker, from what you have learned in the
short time since you have been nominated, do you have any
initial thoughts about what is working in the Office of
Information and Technology today and what is definitely not
working?
Mr. Baker. Senator, thank you very much for that question,
because I think sometimes publicly the Department gets focused
on what is not going well, and I think there are a number of
things that are going very well. You know, every day since I
have been advising the Secretary here for a few weeks, I have
seen the operational reports coming through from the IT
operations piece. And every day the systems at the hospitals,
the systems at the benefits organization run well, provide good
response time, and support the operations of the Department.
Clearly, the Department has made major strides forward in
the last few years on information security and moved from one
where I think, rightly, they lived most days in fear of what
was going to happen next to one which is a much more controlled
environment.
As Senator Burris points out, it is not perfect, and there
are continued issues to look at with information loss. But I
think the way to phrase it is, ``Knock wood, we have not seen
another laptop loss or unencrypted piece of information go
out.'' So there are good things going on in there.
On the negative side, I think it is very clear that the VA
has a systems development issue in delivering successful
programs. Had one failed, it would be one item, but there has
been a string of those. And so the question that I have to
enter with is: How do you solve that problem? First, how do you
stop the failures from taking so long to surface? Because in
any organization with 300 or more programs ongoing, there are
going to be failures. The question is: Can you stop them before
they become runaway failures? So, that is an area.
Certainly I think just having the right people in the right
place with the right skills to provide the services is
something that I want to look at. Do we have the right amount
of staff? Are we meeting appropriate metrics for an
organization of our type in responding to trouble calls, in
providing services to the organizations that are meeting the
veterans' needs?
So, just a couple of examples of positive things and
negative things that I think are aspects of the organization at
this point.
Senator Akaka. Thank you. Before I call on Senator Burris
for any other questions, Colonel Gunn, in a recent oversight
visit to the Board of Veterans Appeals, Committee staff found
that there is no tracking system to ensure that claims remanded
from the Court of Appeals for Veterans Claims or the Board of
Veterans Appeals comply with the statutory mandate that some
claims be adjudicated more quickly than others. Will you please
report back to the Committee within 60 days with what can be
done to rectify this issue?
Colonel Gunn. Yes, Senator.
[Mr. Gunn's follow-up responses are posted as Attachment A
on page 195.]
Senator Akaka. Thank you. Let me complete with Mr.
Sepulveda. As Chairman of the Subcommittee on Oversight of
Government Management and the Federal Workforce of the Homeland
Security and Governmental Affairs Committee, I am committed to
making far greater use of telecommunicating opportunities
throughout the Federal workplace.
What are your thoughts on how VA might expand these
opportunities? And what emphasis will you place on
telecommunicating?
Mr. Sepulveda. Thank you, Mr. Chairman, for that question.
Obviously, when we are talking about the numbers of facilities
and staff spread out around the country serving a growing
number of veterans and their families that are located in all
parts of the country, including rural areas that are not being
served adequately, this telecommunications becomes extremely
important, particularly in terms of telemedicine and in terms
of training, distance learning. There is a whole variety of
activities that can fall under that category, and I think that
it is essential that we focus on it.
I personally believe that we have to do that and we have to
do it with greater strategic attention and in a much more
coordinated way. Certainly, I am going to look forward to
working with my colleagues here, particularly Mr. Baker, in how
do we do that. And the other----
[Laughter.]
Mr. Sepulveda. He gets all the issues.
But, also, the other part of this is part of the cultural
change in the training to get managers and supervisors to also
feel comfortable in being able to delegate authority to staff
in other parts of the country and be able to provide the
supervision and the direction over great distances. That is a
cultural change that has to be part of the transformation that
we are talking about at the Department, and certainly I am
going to be working very closely with the executive team and
the deputy to make that happen.
Senator Akaka. Thank you very much.
Senator Burris?
Senator Burris. Thank you, Mr. Chairman. Just one last
point, and then I might have a comment if I collect my thoughts
on it. But I would just like to follow up with a question to
Colonel Gunn in reference to his views on the rulemaking
process.
If we aim to build a 21st century organization, as you
said, VA will need to adapt quickly to various needs that
arise. The current rulemaking process is burdensome and takes
an inordinate amount of time to complete. How do you propose to
improve the process about changing rules and implementing new
ones? What are your thoughts along those lines, Colonel?
Colonel Gunn. Senator, thank you very much for the
opportunity. I must say I have not devoted a great deal of
thought to that at this point in time. However, certainly, as I
go into the Department and transition, I will focus on that.
The little bit that I know right now is that there is a
group within the Office of the General Counsel that is focused
on, I would say, handling the rulemaking process and being the
shepherds of that for the Department, and that is a relatively
new development. And the limited discussions that I have had
thus far suggested that has proven to be a success. So, I am
going to look into it and see what we can do in order to
enhance it and improve it.
Senator Burris [presiding]. Just a comment, Mr. Chairman--
oh, I am also the Chairman.
Having been in Government for so many years--I even worked
in the Federal Government for a while, but I did not go through
the confirmation process--but being in Government in a large
State, when you go into these agencies with your plans and your
ideas and your commitments, there is a thing called ``inertia
in the bureaucracy.'' And you have all these great ideas and
plans, and you get in there and you want to try to deliver
them. You have been questioned by us, and you want to try to
report back to us, but the staff really is not attuned to--they
were not up here answering these questions. They do not want
what you all are trying to bring about. They have been there
for 20 years and know all the answers; so you are going to come
up against some of that.
I just hope that you all are prepared--I know some of you
all have been in Government before, so you are familiar with
that. I am pretty sure the General and the Colonel are, in
dealing with the military chain of command; and unfortunately,
the civilians do not operate like the military. And you are
going to find that those opportunities or those ideas and the
answers that you have given us and the desires and the hopes of
making change is not going to be easy.
I just hope that you all would prepare to deal with that
and keep your goals in mind, keep the focus in mind of how you
can move the agency. This is no bad mark on the employees.
There is a thing called ``protecting their turf'' and
``protecting their jobs.'' And innovation is something that
they just do not adhere to very easily. It is like trying to
turn a battleship around, you know, in the middle of the lake,
if you ever got it in the lake. And you will find that the
employees are not on the same page as you are.
So just a little word of wisdom from an old Government
employee, a person who spent all of his life in Government.
Just be mindful of how you can move your people to get your
ideas and your agenda into place along with your superiors,
because, you know, there is a Deputy Secretary and you have got
Secretary Shinseki whom you are going to have to also report.
You are also going to have to try to carry out those plans and
those ideas to try to improve the system. And the only reason
why we have jobs primarily is because there are problems. If
there are no problems, there would be no jobs. So when you even
create a new position--I mean a new idea or a new program--that
creates new problems, which means some more jobs.
So I just hope that you all will keep that in mind as you
go into these great responsibilities that the President has
nominated you for, and I hope and pray that you will get
confirmed for, and you will go in there and not let your ideas
and your commitment to us get pushed aside by the bureaucracy
and the people who do not want to move, because it is going to
be difficult. And I want you all to be aware of that and just
hope and pray that you can deal with it.
That is my advice to four distinguished appointees. I am
honored to know you all.
Thank you, Mr. Chairman.
Senator Akaka [presiding]. Thank you very much, Senator
Burris.
To all our panelists today, I just want to tell you that I
appreciate very much your desire to serve our Nation's
veterans. For the information of members and staff, I would
like to move these nominations as soon as possible. To that
end, I ask that any post-hearing questions be sent to the
Committee's legislative clerk by the close of business
tomorrow. And I again thank you for bringing your families and
your friends, and I look forward to working with you in this
21st century course that we are taking. It looks good, and we
have lots of work to do. But we can do it very well together.
Thank you. This hearing is adjourned.
[Whereupon, at 10:34 a.m., the Committee was adjourned.]