[Senate Hearing 115-728]
[From the U.S. Government Publishing Office]
S. Hrg. 115-728
NOMINATIONS OF THE 115TH CONGRESS, PART 2
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON VETERANS' AFFAIRS
UNITED STATES SENATE
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
__________
APRIL 11, JUNE 13, JUNE 27, AND SEPTEMBER 5, 2018
__________
Printed for the use of the Committee on Veterans' Affairs
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
34-880 PDF WASHINGTON : 2020
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COMMITTEE ON VETERANS' AFFAIRS
Johnny Isakson, Georgia, Chairman
Jerry Moran, Kansas Jon Tester, Montana, Ranking
John Boozman, Arkansas Member
Dean Heller, Nevada Patty Murray, Washington
Bill Cassidy, Louisiana Bernard Sanders, (I) Vermont
Mike Rounds, South Dakota Sherrod Brown, Ohio
Thom Tillis, North Carolina Richard Blumenthal, Connecticut
Dan Sullivan, Alaska Mazie K. Hirono, Hawaii
Joe Manchin III, West Virginia
Robert J. Henke, Staff Director
Tony McClain, Democratic Staff Director
Majority Professional Staff
Adam Reece
Gretchan Blum
Leslie Campbell
Patrick McGuigan
Maureen O'Neill
David Shearman
Jillian Workman
Minority Professional Staff
Dahlia Melendrez
Cassandra Byerly
Jon Coen
Steve Colley
Simon Coon
Michelle Dominguez
Amy Smith
C O N T E N T S
----------
Wednesday, April 11, 2018
Nominations of Paul R. Lawrence to be Under Secretary for Benefits,
U.S. Department of Veterans Affairs; and Joseph L. Falvey, Jr. to be a
Judge of the U.S. Court of Appeals for Veterans Claims
SENATORS
Page
Isakson, Hon. Johnny, Chairman, U.S. Senator from Georgia........ 1
Tester, Hon. Jon, Ranking Member, U.S. Senator from Montana...... 2
Tillis, Hon. Thom, U.S. Senator from North Carolina.............. 66
Cassidy, Hon. Bill, U.S. Senator from Louisiana.................. 68
Rounds, Hon. Mike, U.S. Senator from South Dakota................ 69
Blumenthal, Hon. Richard, U.S. Senator from Connecticut.......... 71
WITNESSES
Lawrence, Paul R., to be Under Secretary for Benefits, U.S.
Department of Veterans Affairs................................. 3
Prepared statement........................................... 5
Questionnaire for Presidential nominees...................... 7
Letter from the Office of Government Ethics.................. 19
Letter from the nominee to the Office of General Counsel,
U.S. Department of Veterans Affairs........................ 20
Response to prehearing questions submitted by:
Hon. Johnny Isakson........................................ 21
Hon. Jon Tester............................................ 22
Response to posthearing questions submitted by:
Hon. Jon Tester............................................ 28
Hon. Mazie K. Hirono....................................... 29
Hon. Joe Manchin III....................................... 30
Falvey, Joseph L., Jr., to be a Judge of the U.S. Court of
Appeals for Veterans Claims.................................... 31
Prepared statement........................................... 32
Questionnaire for Presidential nominees...................... 34
Non-confidential Supplemental Questionnaire.................. 46
Letter from the Judicial Conference of the U.S. Committee on
Financial Disclosure....................................... 56
Response to prehearing questions submitted by:
Hon. Johnny Isakson........................................ 56
Hon. Jon Tester............................................ 58
Response to posthearing questions submitted by:
Hon. Jon Tester............................................ 60
Hon. Mazie K. Hirono....................................... 60
Hon. Joe Manchin III....................................... 61
APPENDIX
Kahn, Thomas S., Director, Legislative Affairs, American
Federation of Government Employees, AFL-CIO; letter............ 75
----------
Tuesday, June 13, 2018
Nomination of John Lowry III to be Assistant Secretary of Labor for
Veterans' Employment and Training
SENATORS
Isakson, Hon. Johnny, Chairman, U.S. Senator from Georgia........ 77
Tester, Hon. Jon, Ranking Member, U.S. Senator from Montana...... 78
Cassidy, Hon. Bill, U.S. Senator from Louisiana.................. 104
Hirono, Hon. Mazie K., U.S. Senator from Hawaii.................. 106
Boozman, Hon. John, U.S. Senator from Arkansas................... 107
Blumenthal, Hon. Richard, U.S. Senator from Connecticut.......... 109
WITNESSES
Young, Hon. Todd, U.S. Senator from Indiana...................... 79
Lowry, John III, Nominee to be Assistant Secretary of Labor for
Veterans' Employment and Training.............................. 80
Prepared statement........................................... 81
Questionnaire for Presidential nominees...................... 83
Letter from the Office of Government Ethics.................. 91
Letter from the nominee to the Office of General Counsel,
U.S. Department of Veterans Affairs........................ 92
Response to prehearing questions submitted by:
Hon. Johnny Isakson........................................ 94
Hon. Jon Tester............................................ 97
Response to posthearing questions submitted by Hon. Joe
Manchin III................................................ 100
----------
Wednesday, June 27, 2018
Nomination of Robert L. Wilkie to be Secretary,
U.S. Department of Veterans Affairs
SENATORS
Isakson, Hon. Johnny, Chairman, U.S. Senator from Georgia........ 113
Tester, Hon. Jon, Ranking Member, U.S. Senator from Montana...... 114
Tillis, Hon. Thom, U.S. Senator from North Carolina
Rounds, Hon. Mike, U.S. Senator from South Dakota................ 166
Sanders, Hon. Bernard, U.S. Senator from Vermont................. 168
Moran, Hon. Jerry, U.S. Senator from Kansas...................... 170
Murray, Hon. Patty, U.S. Senator from Washington................. 172
Boozman, Hon. John, U.S. Senator from Arkansas................... 174
Hirono, Hon. Mazie K., U.S. Senator from Hawaii.................. 175
Sullivan, Hon. Dan, U.S. Senator from Alaska..................... 178
Manchin, Hon. Joe, III, U.S. Senator from West Virginia.......... 180
Heller, Hon. Dean, U.S. Senator from Nevada...................... 181
Brown, Hon. Sherrod, U.S. Senator from Ohio...................... 183
WITNESSES
Wilkie, Robert L., nominee to be Secretary, U.S. Department of
Veterans Affairs............................................... 118
Prepared statement........................................... 120
Questionnaire for Presidential nominees...................... 122
Letter from the Office of Government Ethics.................. 131
Letter from the nominee to the Office of General Counsel,
U.S. Department of Veterans Affairs........................ 132
Response to prehearing questions submitted by:
Hon. Johnny Isakson........................................ 132
Hon. Jon Tester............................................ 136
Response to posthearing questions submitted by:
Hon. Jon Tester............................................ 146
Hon. John Boozman.......................................... 147
Hon. Bill Cassidy.......................................... 148
Hon. Mike Rounds........................................... 149
Hon. Dan Sullivan.......................................... 150
Hon. Patty Murray.......................................... 151
Hon. Bernie Sanders........................................ 154
Hon. Sherrod Brown......................................... 155
Hon. Richard Blumenthal
Hon. Mazie K. Hirono....................................... 157
Hon. Joe Manchin III....................................... 158
APPENDIX
Endorsement by eight members of the United States military
retired, a former Joint Chief of Staff, a former Deputy Joint
Chief of Staff, and six major flag officers of the United
States military; letter........................................ 191
Newspaper article (Fayetteville AP) submitted by Sen. Tillis..... 192
----------
Wednesday, September 5, 2018
Nominations of Tamara Bonzanto to be Assistant Secretary for
Accountability & Whistleblower Protection, U.S. Department of Veterans
Affairs; and James Paul Gfrerer to be Assistant Secretary for
Information and Technology, U.S. Department of Veterans Affairs
SENATORS
Isakson, Hon. Johnny, Chairman, U.S. Senator from Georgia........ 193
Tester, Hon. Jon, Ranking Member, U.S. Senator from Montana...... 195
Moran, Hon. Jerry, U.S. Senator from Kansas...................... 245
Cassidy, Hon. Bill, U.S. Senator from Louisiana.................. 247
Sullivan, Hon. Dan, U.S. Senator from Alaska..................... 249
WITNESSES
Bonzanto, Tamara, to be Assistant Secretary for Accountability &
Whistleblower Protection, U.S. Department of Veterans Affairs.. 197
Prepared statement........................................... 199
Questionnaire for Presidential nominees...................... 201
Letter from the Office of Government Ethics.................. 209
Letter from the nominee to the Office of General Counsel,
U.S. Department of Veterans Affairs........................ 210
Response to prehearing questions submitted by:
Hon. Johnny Isakson........................................ 211
Hon. Jon Tester............................................ 212
Response to posthearing questions submitted by:
Hon. Sherrod Brown......................................... 216
Hon. Richard Blumenthal.................................... 216
Hon. Mazie K. Hirono....................................... 217
Hon. Joe Manchin III....................................... 217
Gfrerer, James Paul, to be Assistant Secretary for Information
and Technology, U.S. Department of Veterans Affairs............ 218
Prepared statement........................................... 220
Questionnaire for Presidential nominees...................... 222
Letter from the Office of Government Ethics.................. 231
Letter from the nominee to the Office of General Counsel,
U.S. Department of Veterans Affairs........................ 232
Response to prehearing questions submitted by:
Hon. Johnny Isakson........................................ 234
Hon. Jon Tester............................................ 236
Response to posthearing questions submitted by:
Hon. Tom Tillis............................................ 241
Hon. Richard Blumenthal.................................... 242
Hon. Mazie K. Hirono....................................... 243
Hon. Joe Manchin III....................................... 243
HEARING ON PENDING NOMINATIONS
----------
WEDNESDAY, APRIL 11, 2018
U.S. Senate,
Committee on Veterans' Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 2:30 p.m., in
room 418, Russell Senate Office Building, Hon. Johnny Isakson,
Chairman of the Committee, presiding.
Present: Senators Isakson, Moran, Cassidy, Rounds, Tillis,
Sullivan, Tester, Brown, Blumenthal, Hirono, and Manchin.
OPENING STATEMENT OF HON. JOHNNY ISAKSON, CHAIRMAN,
U.S. SENATOR FROM GEORGIA
Chairman Isakson. I call the meeting of the Senate
Veterans' Affairs Committee to order. I appreciate everyone
being here today, particularly our two nominees.
The purpose of this hearing will be to hear from two
nominees, one for the Court of Veterans Appeals and one for the
Under Secretary for Benefits in the VA. We thank both of you
for being here today, and in just a minute, we will introduce
you for 5 minutes of testimony that you might want to give.
Then, we will have questions and answers from the Committee.
I would like to say a few things in advance of the hearing,
though, just to be sure to answer a lot of questions I have
been asked by a lot of people which I have refused to answer
because once you start answering, you cannot stop, and I
thought I would do it all at once. This is the best place to do
it.
As you know, the Secretary did a great job, Secretary
Shulkin. I appreciate what he did. He is no longer the
Secretary. We have a nominee with whom I have had one phone
conversation, which I appreciated very much. We will have a
personal meeting. I have told the President, the
administration, and the White House and have told everybody
that has asked that we will have a hearing as expeditiously as
we can when we have everything from them. It is their job to
answer the questions and give the White House documentation,
and until I get that, I cannot schedule anything.
If, however, we get the documentation and this nominee
answers the questions on time, we will have the ability to have
a meeting on the 25th of April. That would be the earliest and
latest in this month that we could have a hearing on the
nominated Secretary.
So, as Chairman with the concurrence of the Ranking Member
when we talked on the phone, we are ready to go when we have
everything from them that puts us in a position of being able
to go. The earliest that can take place is on the 25th of
April, and if we do not get the information a few days in
advance of that, we cannot even do it then. But, that date is
available and it is possible to do. So, we will do it as
expeditiously, yet as thoroughly as possible.
I think it is very important, as we did on the nomination
of the previous Secretary, Dr. Shulkin, to have a thorough
hearing, ask all the questions that need to be asked and make
sure we have vetted the nominee to the maximum extent possible
for the benefit of the nominee, for the benefit of the VSOs,
the benefit of the veterans, the benefit of the Members of the
Committee, and the benefit of the greater public at large.
This is a tremendously important responsibility, taking
care of our veterans. It is one that Senator Tester and I and
all our Members take very seriously. We want to make sure we
have as little break in service and continuity as possible. So,
we are going to move as deliberately but as expeditiously as
possible to make that happen.
Jon, would you like to make a statement?
OPENING STATEMENT OF HON. JON TESTER, RANKING MEMBER, U.S.
SENATOR FROM MONTANA
Senator Tester. I would, Mr. Chairman, and I would
associate myself with your remarks exactly.
Mr. Lawrence and Mr. Falvey, I want to thank you for being
here and thank you for your willingness to serve.
I have been thinking a lot about service over the last week
or so with the passing of a good friend of mine from Montana
who was a fierce advocate for our Nation's veterans. Merv
Gunderson dedicated his life to serving our Nation. He
selflessly lent a hand to fellow veterans and their families
whenever they were in need, and as a leading voice in The
American Legion worked very closely with me to ensure that our
Nation's policies did right by those who served.
Merv stood tall among us, and I am blessed to have called
Merv my friend. The VA needs leaders like Merv Gunderson,
people who are ready, willing, and capable of helping lead a
multifaceted agency and putting the needs of veterans ahead of
everything else.
Mr. Lawrence, by virtue of you being here today, I think we
have answered whether you are willing. Today, my plan is to
find out if you are ready and capable of doing the job for
which you have been nominated. I think we have seen over the
last few months that being a leader at the VA is a challenge
for even the most seasoned professionals.
I have no doubt there is dark money fighting for the very
soul of the VA, and when the forces working for that dark
special interest come to you, will you be ready to put your
career on the line to fight them, as former Secretary Shulkin
did?
America's veterans deserve no less, and they will need
folks at the VA ready to stand with them against the dark
special interests. There will be tough times ahead, and I will
need to know today, as well as other Members of the Committee,
whether you are ready for them.
Mr. Lawrence, the VBA can be challenging even for those who
have the best skill set for managing a complex administration
like the VBA. Challenges such as leading the more than 23,000
personnel in the critically important division of the VA, where
morale has been a concern and firing folks cannot be one of the
first instincts when dealing with employee matters. There is
also constant pressure from the public to make certain veterans
and their families get the benefits and the services they earn
in a timely and a correct manner.
We are talking about veterans suffering from conditions
brought on or intensified by military service, veterans needing
funds to help pay for rent during school, survivors waiting for
assistance after their loved ones have passed. They all deserve
timely and correct decisions from the VA. I want you to never
forget that these are the people you serve. Everyone and
everything else is noise.
Mr. Falvey, I want to emphasize how important it is to me
that veterans get expedited and fair review of their cases. So,
the question of the day is whether you can build on the court
successes and continue delivering timely justice for our
veterans and their families.
What I really want to learn from both of you today is are
you up for the job. We need to know that you folks are the
right folks at this moment in time. It is my hope and the hope
of the Committee that you are, so I look forward to the
discussion today.
Thank you for your willingness to serve.
Back to you, Mr. Chairman.
Chairman Isakson. Mr. Falvey, Dr. Lawrence, would you
please rise. Raise your right hand and repeat after me. Do you
solemnly swear or affirm the testimony you are about to give
before the Senate Committee on Veterans' Affairs will be the
truth, the whole truth, and nothing but the truth, so help you
God?
Mr. Falvey. I do.
Mr. Lawrence. I do.
Chairman Isakson. Thank you very much. Please be seated.
Dr. Lawrence, you are recognized for 5 minutes--or as we
say in the business, up to 5 minutes.
STATEMENT OF PAUL R. LAWRENCE, Ph.D., TO BE UNDER SECRETARY FOR
BENEFITS, U.S. DEPARTMENT OF VETERANS AFFAIRS
Mr. Lawrence. Chairman Isakson, Ranking Member Tester,
distinguished Members of the Committee on Veterans' Affairs,
thank you for the opportunity to testify before you today and
for your consideration of my nomination to serve as Under
Secretary of Benefits.
I have had the privilege to meet with many of you
individually after I was nominated and can say I have benefited
immensely from your advice and insights about ensuring our
Nation's veterans and their families receive the benefits they
have earned. I am deeply honored to have been nominated by
President Trump.
To start, let me tell you a little about myself and my
background. I was raised in an Army family. My father served 24
years and was in the Korean and Viet Nam Wars. He taught me
many valuable lessons about leadership, but the one that
consistently guided me was ``Mission First, Men Always.'' He is
buried in Section 66 of Arlington National Cemetery.
My 93-year-old mother is at home today, and I am sure
watching these proceedings. She came from a large family--11
brothers and sisters. Five of her brothers answered the call
and served in the Armed Forces during World War II. My middle
name, Reynold, was given to me in honor of her only brother who
did not return, killed at Normandy.
I have one brother and two sisters. My brother and I were
both commissioned into the Army through ROTC. I delayed my
entry to active duty after graduating from the University of
Massachusetts to earn a Ph.D. in Economics from Virginia Tech.
There, I learned how to apply scientific methods and conduct
rigorous data-based evaluations and decisionmaking. I have had
the opportunity to study under a professor who would later win
the Nobel Prize in Economics.
After graduate school, I served on active duty in the Army
in the Finance Corps. I left as an airborne-qualified captain
and received the Meritorious Service Medal. I moved to the D.C.
area and got married. Ann, my wife of 33 years, is here with me
today. Her love and support have been invaluable to me. We have
two children. Our son is an optometrist, completing his
residency in low vision at the VA medical center in Hampton,
Virginia.
For most of my professional career, I have worked as a
consultant in large professional services firms, helping
Federal Government leaders improve efficiency and
effectiveness. I have worked at many of the Cabinet agencies,
including the VA. The majority of my career was as a partner in
accounting firms, where I focused on financial management and
organizational improvement.
Importantly, through my work, I have experience with many
of the activities conducted by VBA. I have led projects dealing
directly with the processing of large volumes of materials,
originating and servicing single-family mortgages, and
monitoring student loans. I have firsthand experience with the
opportunities and the management challenges that are similar to
those facing VBA.
I also worked in two global information technology
companies. The work there gave me experience integrating
technology into processes to drive efficiencies. Their large
size helped me develop management skills appropriate for the
scale of the Federal Government.
Finally, in my present company, I have spent the last year
working on an agency's response to the Executive Order on
Agency Reform. This helped me enhance my perspective on driving
change and collaborating with the Office of Management and
Budget.
What is differentiating about my experiences as a
consultant to the Federal Government is I have conducted
extensive research into how government is managed by senior
leaders. Tips and insights from interviewing a wide cross
section of government leaders has enabled me to learn what
contributed to their success. If confirmed, I plan to apply
many of those best practices.
I am passionate about veterans issues and want to
contribute to the efforts to improve the support provided to
our veterans by the VA.
I know this is special time to be part of the team at the
VA and be able to contribute. Efforts to support our veterans
are a key part of the national agenda, and the Congress and
Senate have generously provided the resources. And, through the
series of laws that have been passed in the last year,
addressing accountability, appeals modernization, the Forever
G.I. Bill, and the agency reform initiative, many of the tools
are now in place. It is a unique time to support veterans, and
I would like to do my part.
To that end, there are three priorities I will focus on if
confirmed. The first is providing veterans with the benefits
they have earned in a manner that honors their service. The
programs of the VBA-Compensation, Home Loan Guaranty,
Education, Life Insurance, Vocational Rehabilitation and
Employment, Pension and Fiduciary, and Benefits Assistance--
serve millions and rightly require more than $100 billion in
support. Providing this support should be done efficiently,
timely, and with high quality.
In the recent past, there have been many improvements, and
much has been accomplished. I would plan to build on these and
accelerate the improvements. We would continue to foster a
culture of continuous improvement, streamlining processes, and
reallocating resources to increase effectiveness.
The second is ensure we are strong fiscal stewards of the
money entrusted to us. At the same time we seek to aggressively
support our veterans, we must be equally vigilant supporting
taxpayers who provide our resources. I will work with the
Department, OMB, and others to apply the most appropriate best
practices for financial rigor. One of my initial efforts will
be to examine improper payments.
The third is to foster a culture of collaboration.
Experience has taught me that leaders who model and foster a
collaborative culture reap benefits in terms of employee
satisfaction and productivity. More importantly, there are many
groups and organizations also working to support our veterans.
I will work with the Senate, the House, across the Department,
the DOD, our VSO Partners, the unions, and others with similar
objectives. I will encourage focus and alignment on our common
interests.
I, again, want to thank the Committee for the opportunity
to appear before you today. I look forward to answering your
questions.
[The prepared statement of Mr. Lawrence follows:]
Prepared Statement of Paul R. Lawrence, Nominee for Under Secretary for
Benefits, U.S. Department of Veterans Affairs
Chairman Isakson, Ranking member Tester, Distinguished Members of
the Committee on Veterans Affairs, Thank you for the opportunity to
testify before you today and for your consideration of my nomination to
serve as Under Secretary of Benefits, Department of Veterans Affairs. I
have had the privilege to meet individually with many of you after I
was nominated, and can say that I have benefited immensely from your
advice and insights about ensuring our Nation's Veterans and their
families receive the benefits they have earned. I am deeply honored to
have been nominated by President Trump.
To start, let me tell you a little about myself and my background.
I was raised in an Army family, my father served 24 years and was in
the Korean and Viet Nam wars. He taught me many valuable leadership
lessons, but the one that has consistently guided me was ``Mission
First and Men Always.'' He is buried in Section 66 of Arlington
National Cemetery. My 93-year-old mother is at home today and I am sure
watching these proceedings. She came from a large family--11 brothers
and sisters. Five of her brothers answered the call and served in the
Armed Forces during WWII. My middle name, Reynold, was given to me in
honor of her only brother who didn't return, killed at Normandy.
I have 1 brother and 2 sisters. My brother and I both were
commissioned into the Army through ROTC. I delayed my entry to active
duty after graduating from the University of Massachusetts to earn a
Ph.D. in Economics from Virginia Tech. There I learned how to apply
scientific methods and conduct rigorous data-based evaluation and
decisionmaking. I also had the opportunity to study under a Professor
who would later win the Nobel Prize in Economics.
After graduate school, I served on active duty in the Army in the
Finance Corp. I left as an Airborne qualified Captain and received the
Meritorious Service Medal. I moved to the DC-area and got married. Ann,
my wife of 33 years is here with me today. Her love and support have
been invaluable to me. We have 2 children. Our son is an optometrist
completing his residency in low-vision at the VA Medical Center in
Hampton, Virginia.
For most of my professional career, I have worked as a consultant
in large professional services firms helping Federal Government leaders
improve efficiency and effectiveness. I have worked at many of the
cabinet agencies, including the VA. The majority of my career was as a
Partner in Accounting firms, where I focused on financial management
and improving organization performance. Importantly, through my work I
have experience with many of the activities conducted by VBA. I have
led projects dealing directly the processing of large volumes of
materials, originating and servicing single family mortgages, and
monitoring student loans. I have first-hand experience with
opportunities and management challenges similar to those facing VBA.
I have also worked in two global information technology companies.
This work gave me experience integrating technology into processes to
drive efficiencies. Their large size helped me develop management
skills appropriate for the scale of the Federal Government. Finally, in
my present company I have spent the last year working on an Agency's
response to the Executive Order on Comprehensive Agency Reform. This
has further enhanced my perspective on driving change and collaborating
with the Office of Management and Budget.
What is differentiating about my experiences as a consultant to the
Federal Government is I have conducted extensive research and thought
leadership into how government is managed by senior leaders. Insights
and tips from interviewing a wide cross section of government leaders
has enabled me to learn what contributed to their success. If
confirmed, I plan to apply many of these best practices.
I am passionate about Veterans' issues and want to contribute to
the efforts to improve the support provided to Veterans by the VA. I
know this is special time to be part of the team at the VA and be able
to contribute. Efforts to support our Veterans are a key part of the
national agenda and the Congress and Senate have generously provided
the resources. And, through the series of laws that have been passed in
the last year, addressing Accountability, Appeals Modernization, the
Forever G.I. Bill, and the agency reform initiative, many of the tools
are now in place. It is a unique time to support Veterans and I would
like to do my part.
To that end, there are three priorities I will focus on if
confirmed.
The first is providing Veterans with the benefits they have earned
in a manner that honors their service. The programs of the VBA--
Compensation, Home Loan Guaranty, Education, Life Insurance, Vocational
Rehabilitation and Employment, Pension and Fiduciary, and Benefits
Assistance--serve millions and rightly require more than $100 billion
in support. Providing this support should be done efficiently, timely
and with high quality. In the recent past there have been many
improvements and much has been accomplished. I would plan to build on
these and accelerate the improvements. We would continue to adopt a
culture of continuous improvement, streamlining processes and
reallocating resources to increase effectiveness.
The second is ensure we are strong fiscal stewards of the money
entrusted to us. At the same time, we seek to aggressively support our
Veterans we must be equally vigilant supporting tax payers who provide
our resources. I will work with the Department, OMB and others to apply
the most appropriate best practices for financial rigor. One of my
initial efforts will be to examine Improper Payments.
The third is to foster a culture of collaboration. Experience has
taught me that leaders who model and foster a collaborative culture
reap benefits in terms of employee satisfaction and productivity. More
importantly, there are many groups and organizations working to support
our Veterans. I will work closely with the Senate, the House, across
the Department, the DOD, our VSO Partners, the Unions, and others with
similar objectives. I will encourage focus and alignment on our common
interests.
I, again, want to thank the Committee for the opportunity to appear
before you. I look forward to answering your questions.
______
[The Committee questionnaire for Presidential nominees
follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
------
[A letter from the Office of Government Ethics follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
------
[Letter from Paul R. Lawrence to the Office of General
Counsel, U.S. Department of Veterans Affairs:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
______
Response to Prehearing Questions Submitted by Hon. Johnny Isakson to
Paul R. Lawrence, Nominee to be Under Secretary for Benefits, U.S.
Department of Veterans Affairs
Question 1. If confirmed as Under Secretary for Benefits, what will
your priorities be?
Response. There are three key areas I will focus on:
a. Providing benefits accurately and in a timely manner. This
include the current processes, appeals, and the changes from new
legislations (e.g., the G.I. Bill). I will continue to streamline
processes and reallocate recourses to areas where they can have the
most impact.
b. Financial rigor and stewardship of the funds provided to VBA. I
will work with the Department, OMB and others to ensure we have
applying financial best practices. As appropriate, I will seek
independent testing of key financial processes (such as improper
payments) to determine their effectiveness and how they can be
improved.
c. Collaboration with stakeholders. Many organizations have
supporting veterans as their mission. I will engage and work closely
with as many of these organizations as possible so that our collective
support for Veterans is aligned. I will seek to find our common
interests and the projects we can work on together. I will model
collaborative behavior and strongly encourage the VBA team to do the
same.
Question 2. You have extensive experience working with leaders in
government. How would this experience inform your perspective and
benefit you in the role of Under Secretary for Benefits?
Response. These experiences are relevant, inform my management
approach and I will use many of the best practices I have observed.
These include:
Leveraging the career staff by actively enlisting their
support and insights.
Engage and collaborate with stakeholders. They provide
invaluable ideas and counsel.
Focus and align on key priorities. Make progress by
constantly completing short term goals that lead to completing long
term goals.
Question 3. Please describe what you believe are the biggest
challenges facing the Veterans Benefits Administration (VBA) and your
plans to address them.
Response. There are three key areas I will focus on:
a. Providing benefits accurately and in a timely manner. This
include the current processes, appeals, and the changes from new
legislations (e.g., the G.I. Bill). I will continue to streamline
processes and reallocate recourses to areas where they can have the
most impact.
b. Financial rigor and stewardship of the funds provided to VBA. I
will work with the Department, OMB and others to ensure we have
applying financial best practices. As appropriate, I will seek
independent testing of key financial processes (such as improper
payments) to determine their effectiveness and how they can be
improved.
c. Collaboration with stakeholders. Many organizations have
supporting veterans as their mission. I will engage and work closely
with as many of these organizations as possible so that our collective
support for Veterans is aligned. I will seek to find our common
interests and the projects we can work on together. I will model
collaborative behavior and strongly encourage the VBA team to do the
same.
Question 4. The Appeals Improvement and Modernization Act of 2017
(Public Law 115-55) requires significant changes to the current appeals
system. VBA and the Board of Veterans' Appeals are working toward
implementation of the new system by February 2019. How will you ensure
the law is successfully implemented?
Response. To ensure the Appeals Improvement and Modernization Act
of 2107 is successfully implemented, the VBA continues to work
collaboratively with the Board to reduce legacy appeals through the
Rapid Appeals Modernization Program (RAMP) and solicit and listen to
Veteran, VSO and Congressional feedback. VBA and the Board will team to
explore opportunities to reduce appeal under the Appeals Modernization
Act (AMA). If confirmed, I will meet regularly with the Chairman of the
Board to ensure a successful implementation.
Question 5. If confirmed, how do you intend to ensure that VBA,
across business lines, is providing veterans with timely and quality
decisions on their claims for benefits?
Response. Timeliness is generally a function of efficiency of
receiving and processing the claim. Recently, there has been much
improvement and I would continue that. In particular, I will streamline
processes and allocate resources to have their greatest impact.
Quality work is often a function of the training of employees and
the effectiveness of the monitoring of quality of the work in progress
and when complete. I will review the training program focusing on its
emphasis on timeliness and quality. I will also review the quality
monitoring efforts for effectiveness in detecting and preventing
errors. As appropriate, we will develop and implement plans to enhance
quality.
______
Response to Prehearing Questions Submitted by Hon. Jon Tester to Paul
Lawrence, Nominee to be Under Secretary for Benefits, U.S. Department
of Veterans Affairs
Question 6. Why do you seek this position?
Response. I grew up in a military family and served in the U.S.
Army. I am passionate about Veteran's issues and would like to
contribute to the team and effort to continue to improve how they
receive the benefits they have earned. My professional experiences are
working in areas similar to the key functions of the VBA--processing,
mortgage origination and services, student loans, and education. I am
also familiar with the workings of the Federal Government from
supporting Agencies as a consultant and conducting research with past
political appointees. Because of this, I believe I am well qualified
and capable of making a contribution.
Question 7. What do you believe are the most important problems and
challenges currently confronting the Veterans Benefits Administration?
How do you intend to address them?
Response. There are three key areas I will focus on:
a. Providing benefits accurately and in a timely manner. This
include the current processes, appeals, and the changes from new
legislations (e.g., the G.I. Bill). I will continue to streamline
processes and reallocate recourses to areas where they can have the
most impact.
b. Financial rigor and stewardship of the funds provided to VBA. I
will work with the Department, OMB and others to ensure we have
applying financial best practices. As appropriate, I will seek
independent testing of key financial processes (such as improper
payments) to determine their effectiveness and how they can be
improved.
c. Collaboration with stakeholders. Many organizations have
supporting veterans as their mission. I will engage and work closely
with as many of these organizations as possible so that our collective
support for Veterans is aligned. I will seek to find our common
interests and the projects we can work on together. I will model
collaborative behavior and strongly encourage the VBA team to do the
same.
Question 8. What is your management style? Are you a ``hands-on''
manager? Do you rely on significant delegation? Do you seek consensus
before making a decision or do you generally gather relevant
information and input, and then make a decision?
Response. I consider myself an engaged manager, being as hands-on
as possible and appropriate. I delegate with clear instructions,
accountability and follow-up points. I articulate the key performance
requirements, communicate these frequently and measure regularly to
monitor progress. I prefer to seek consensus before making decisions.
When that is not practical, I gather as much input as possible,
specifically focusing on the different perspectives to understand the
implications of a decision. I will make a decision and, as appropriate,
explain to stakeholders that I did listen to and consider their
perspective and where is why I made this decision.
Question 9. Have you spoken to the Secretary about his expectation
for what your role would be within his leadership team? If yes, what
was discussed?
Response. No.
Question 10. Have you spoken to the President or anyone at the
White House about what your role would be within the Administration? If
yes, what was discussed?
Response. No.
Question 11. On matters of policy, do you believe you will be
receiving direction from the Secretary or someone at the White House?
Response. The Secretary.
Question 12. Describe how you intend to work with the Secretary,
the Deputy and two other Under Secretaries. Please also describe how
you will work with others in the Agency whose work directly impacts VBA
(e.g. Enterprise Integration, General Counsel's Office) but you
wouldn't have authority over.
Response. I will work closely and collaboratively with the
Secretary, the Deputy and two other Under Secretaries. Per their style,
I will meet and review key topics with them as often as possible. I
will work with others in the Agency who work directly impacts VBA as
closely as possible. I will focus on areas of mutual interest and
emphasize how their work supports VBA accomplishing its mission.
Question 13. Your employment history shows considerable time spent
as a Federal contractor. Describe any experience you have had working
with VA and how that experience has shaped your view of the Agency.
Response. In the late 1980s I conducted a study for the Veteran's
Canteen Service on the financial impact of tobacco sales in the ``in-
hospital stores.'' As part of this work, we visited a dozen hospitals
around the country that served different Veteran populations (in
patient, extended and long term care). The report was timely and I
provide short testimony about it to a House Subcommittee grappling with
the policy on tobacco sale in the hospitals. From this experience I
learned first-hand of the role of VA's stakeholders as VCS leadership,
VSO, and ``doctor groups'' in the VHA voiced ideas about the subject
and the report. I also had personally experienced the different ways VA
provides support to Veterans through the trips I conducted to the
different hospitals.
Additional Response. I did no other work for the VA besides that
study. I have not worked as a federal contractor at the VA since that
study (which I recall as being conducted in 1988).
In particular, I have had no involvement in the VA's Agency Reform
Plan.
Question 14. You co-wrote an article on how to be successful in the
Trump Administration. As part of the article you recommended that
nominees dialog with predecessors and experts. Who have you reached out
to since your nomination and what have you learned?
Response. I have talked with former Under Secretary, Benefits,
Allison Hickey, former Deputy Secretary Scott Gould, and former
Secretaries Jim Nicholson and Anthony Principi. Common themes in these
conversations was the importance of collaborating and working with all
stakeholders, especially the VSOs and Unions. Another was the
importance of balance two broad objectives--processing claims quickly
and accurately, while also never forgetting the need for rigorous
fiscal stewardship.
Question 15. How do you plan to work with the veteran service
organizations? Do you anticipate meeting with the VSO representatives
on a regular basis?
Response. Closely and collaboratively. Yes, my present plan is to
meet monthly with them and have additional meetings as appropriate.
Question 16. What would you do to ensure that Members of Congress
are advised in advance of problems, issues and emerging matters--
particularly when those matters are specific to the area a member
represents?
Response. I would communicate these as early as practical, with a
plan to address the situation.
Question 17. There are reports that the Administration, through
their Office of General Counsel, has ordered agencies to not provide
responses to Democrats' information requests. If you were to receive
such an order, what would you do? Have you participated in or been
aware of any communications where this topic was discussed? Please
provide details on the participants in this discussion, the substance
of the discussion, and any outcomes.
Response. I have not received such communication nor am I aware of
it. If I to received such an order I would seek to understand the
purpose behind it. I would evaluate and decide on a course of action
based on what I learned.
Question 18. Committee staff access to career professionals at VBA
is critically important as they conduct oversight of the Agency on
behalf of Members. In the past, VBA staff from all business lines have
been made available for briefings, questions, and related activities.
Committee staff view these open channels of communication as vital. Do
you intend to allow Committee staff the same level of access to VBA
career employees?
Response. Yes.
Question 19. Accurate forecasting of usage of veterans benefits is
essential in planning for resources to administer those benefits. What
do you see as the Under Secretary's role in forecasting the need for
additional staffing resources so that Congress can appropriate those
resources in a timely manner?
Response. Ensuring VBA has sufficient resources to meet its mission
is critical and an important responsibility. I see my roles as ensuring
VBA carefully, thoughtfully, and critically develops estimates of the
resource needed. I also believe it is important to provide these
estimates in manner that corresponds to the time schedule needed for
them to be appropriated.
Question 20. Recent budget requests have included provisions meant
to save the Department money in order to expand other programs, for
example, community care. What is your position on taking money from one
group of veterans in order to pay for programs for another?
Response. I would want to better understand the specific situation
in order to develop an informed position. Generally, my position is
that if Veterans have earned benefits according to the rules and
regulations, those should not be altered.
Question 21. Are you concerned with any portion of the
Administration's budget request for FY 2019 as it pertains to VBA?
Response. Not at this point.
Question 22. Some VA employees have expressed concern regarding the
execution of the recently-signed into law Accountability legislation.
Explain your view of this law.
Response. The Accountability Legislation established the Office of
Accountability and Whistleblower Protection (OAWP), provided protection
for whistleblowers, and provided the Secretary with improved
authorities to improve the accountability of SES, supervisors and other
employees. If the Secretary determines the employee has committed
misconduct or performed poorly, actions can be taken. These actions are
reprimands, suspension of any length; involuntary reassignments,
demotions and removal. The legislation also provides streamlined
processes and expedited schedule for resolution and appeal of the
action.
The legislation expands the tools available to leaders at the VA
when handling poor performance. My experience is this should be only
used when training, coaching and other approaches have consistently
failed because of the employee (not those providing the training,
coaching, etc.). The goal of the leader is to provide services to our
Veterans by creating a healthy and productive work environment and that
engages a top performing team. The old phrase ``you can't fire your way
to success'' reminds me that this tool may need to be utilized to deal
with habitual situations but should only be after other efforts have
been made to increase performance.
Question 23. VBA employees have suffered from low morale partially
due to constant scrutiny of their performance. If confirmed, what steps
would you take to improve morale at VBA?
Response. Experience has taught me that increasing organization
performance has a positive impact on morale. Simultaneously with those
efforts, I will engage employees, communicating regularly, and seeking
their advice and ideas often. As practical, I will travel or use
technology to engage employees outside of Washington, DC, to gain a
balance perspective on issues. I will lead by example, modeling the
behaviors I will expect from others, including focus on the mission,
integrity, and transparency. I will strongly advocate for the VBA,
pointing out accomplishments and educating those who are inaccurate in
their criticism.
I plan to review employee surveys to identify specific issues of
concern. As appropriate, plans to address these issues will be develop
and implemented. Regular followup will occur.
Question 24. Addressing employee concerns will be an important part
of your job. Do you have experience working with an employee union? How
do you intend to work with employee unions at VA?
Response. Yes, I have worked with Unions in my consulting work at
the Internal Revenue Service and the U.S. Postal Service. I intend to
work with the Unions as I will all other VA and VBA stakeholders--as
closely and collaboratively as possible. I will be open, consistent and
fair in my dealing with the Union, emphasizing our common interests in
serving Veterans.
Question 25. Do you believe that VA's 125 day goal for an initial
decision on a claim is appropriate? In your view, how long should a
veteran have to wait to have his or her initial claim for compensation
adjudicated?
Response. At this point yes. I would like to analyze the work
involved for the different claims and compare it to similar activities
in world-class private sector organizations to make that determination.
Question 26. VBA must rapidly respond to outside decisionmakers
like Congress and the Court of Appeals for Veterans Claims, which
frequently modify the benefits package or how claims are processed via
new legislation or court decisions. VBA has struggled with this in the
past. If confirmed, what would you do to ensure that VBA can more
nimbly respond to changes in law?
Response. If confirmed, I will review the process currently used to
respond to these changes for effectiveness and timeliness. Were there
shortcomings, a plan to address these will be developed, socialized
with stakeholders, and implemented. This plan would include regular
feedback from participants on its timeliness.
Question 27. Do you believe that cost is a factor in determining
whether VA's compensation system should be overhauled?
Response. Overhauling VA's compensation system would be a
complicated initiative involving many stakeholders and factors. I
assume cost would be one of many factors.
Question 28. Commissions have been previously established to review
which conditions or disabilities should be service-connected, how much
veterans are compensated for those conditions or disabilities and
related issues. What is your view on this?
Response. At this point I have no view on this process. I will
apply the rules that are established as a result efficiently and
effectively.
Question 29. Historically, VBA has come under fire 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 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 a more balanced approach
can be reached?
Response. Timeliness is generally a function of efficiency of
receiving and processing the claim. Recently, there has been much
improvement and I would continue that. I will continue to streamline
processes and allocate resources to have their greatest impact.
Quality work is often a function of the training of employees and
the effectiveness of the monitoring of quality of the work in progress
and when complete. I will review the training program focusing on its
emphasis on timeliness and quality. I will also review the quality
monitoring efforts for effectiveness in detecting and preventing
errors. As appropriate, we will develop and implement plans to enhance
quality.
A balance approach requires focus on both aspects. Effectiveness
requires management disciple and appropriate tools to regularly monitor
timeliness and quality. If confirmed, I will bring energy to focusing
on both aspects.
Question 30. For some medical conditions that occur after service,
the scientific information needed to connect the medical condition and
the circumstances of service may be incomplete. When information is
incomplete, the Secretary has authority to presume disabilities and
diseases as service-connected for purposes of compensation. If
confirmed as Under Secretary, what would be your approach for
recommending whether a presumption is warranted?
Response. I would carefully review the information about the
certainty of its service connection and resulting disabilities. I would
also review the projected costs of different benefit scenarios.
Question 31. What are your views of consolidating certain claims
processing functions into fewer offices?
Response. This will not be one of my immediate priorities.
Question 32. What changes, if any, do you anticipate making to the
way quality of claims processing is measured at VBA?
Response. High-quality processing of claims will be a top priority.
Even top performing world-class organizations, recognized for high-
quality work seek to continually improve their quality. I will
encourage improvement but at this point don't have specific details.
Once I have these I will share them with stakeholders.
My experience has taught me that often quality is measured based on
the perspective of the organization performing the work rather than the
customer for the work (here Veterans). Generally, it is preferred to
measure quality from the customer's perspective and use that as
indicator and a diagnostic for improvement. If confirm, I will examine
this as part of my review of the quality of claims processing.
Question 33. Are you familiar with the various legal clinics
operated by law schools that assist veterans and family members with
accessing VA benefits and other services that veterans have earned
through their service, and how do you perceive their role in helping
the government deliver benefits to veterans? Should you be confirmed,
do you commit to working with these organizations and fostering
relationships between law schools and VBA Regional Offices in their
areas?
Response. I am unfamiliar with these legal clinics. Yes, to the
extent they are effective in helping Veterans apply and receive the
benefits they have earned.
Question 34. Committee oversight too often finds veterans who are
unaware of the benefits available to them. What type of outreach do you
have planned to ensure that servicemembers and veterans are aware that
they can utilize their benefits?
Response. I plan on aggressive outreach to Veterans so they are
aware of their benefits. This outreach would be using media and format
most appropriate and effective to the Veterans. It could range from the
latest proven technology to the traditional forms, based on their
preference. I will encourage creativity and testing of different
approaches to increase effectiveness.
To do this, I will review present communication methods and
processes for effectiveness and shortcomings. I will review ideas or
suggestions previously developed by VBA to enhance communication. I
will review the feedback on shortcomings to identify specifics, trends
and root causes. As part of this review, I will reach out to
stakeholders to learn of their experiences and the experiences of their
members. As appropriate, a plan to address shortcomings and increase
effectiveness will be developed, socialized with stakeholders, and
implemented. This plan would include regular monitoring and updating to
increase effectiveness.
Question 35. The Harry W. Colmery Veterans Education Assistance Act
is the most sweeping reform of VA education benefits since the Post-9/
11 GI Bill was passed into law. One section of this bill directs VA to
extend up nine additional months of GI Bill benefits for veterans in
STEM programs that require more credit hours than a standard degree
program. If confirmed as undersecretary what will you do to ensure that
VA implements this provision in such a way that predatory schools don't
inflate program requirements to get access to this expanded benefit?
Response. I will work with those planning and implementing this act
to determine how these provisions are being addressed. I will review
controls and oversight for this and other practices that inflate
program requirements for effectiveness. I will also review efforts
being developed and implemented to continually monitor for this
practice for their effectiveness and timeliness.
Question 36. VA's Educational Services is plagued with outdated and
cumbersome IT systems. As a part of the Harry W. Colmery Veterans
Education Assistance Act we provided 30 million to update those systems
and the president's budget request commits to providing additional
money needed to modernize those systems. If confirmed as undersecretary
will you commit to fighting for these upgrades, and ensure that the
appropriate money will spent from VA's IT budget on the Education
Services upgrades?
Response. Yes.
Question 37. VA's vocational rehabilitation program provides
critical job training services to disabled veterans who transitioning
to new careers, but has historically had limited outcome measures. What
kind of markers do you think an employment training program, like VR&E,
should be tracking? And how long after finishing VR&E should VA be
tracking the outcomes of veterans who used the program?
Response. If the goal of the education training programs is to
enable the Veteran to acquire skills to be employed, I would track the
employment status of the Veterans who participate in the program.
Ideally, job type and income information would be track to monitor the
type of jobs they obtain, to monitor if the jobs are a gateway to a
solid career.
I would track the outcomes of Veterans for sufficiently long to
allow for changing initial employers or employment situation. I would
want to study the actual data to be precise, but my sense is this would
be for 2-3 years.
Question 38. 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?
Response. I believe vocation rehabilitation is an important part of
the total rehabilitation. Ideally, VHA supports (as much as practical)
the medical rehabilitation. Vocational rehabilitation would then enable
the veteran to have skills to be employed.
Question 39. 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 cooperate and coordinate with the Department of
Labor's Veterans' Employment and Training Service so that duplication
of effort can be minimized. If confirmed as Under 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 consider DOD and DOL key stakeholders and would
collaborate with them often. A key part of any collaboration with them
will be to increase the effectiveness and efficiency by with the
collective organizations support Veterans.
Question 40. VA and DOL both different ``own'' portions of the
military to civilian employment transition. Explain how the Agencies
might better work together. Do you believe that different functions
being housed at different Agencies is best for veterans? Do you
anticipate advocating for any changes in this regard?
Response. I am generally aware of DOL's Veteran Employment and
Training Service. At this point, I have no opinion on how these
functions being housed at different affects veterans. I do not
currently plan to advocate for any changes in this regard.
Question 41. Some of the underlying causes of homelessness among
veterans are inadequate income, lack of affordable housing, and lack of
accessible and affordable health care. What role, if any, do you
believe VBA should play in preventing and ultimately ending
homelessness among veterans?
Response. Many government and other agencies work together to
address homelessness. VBA can have an impact by helping them develop
the capabilities to earn an adequate income, so they can afford
housing.
Question 42. What role, if any, do you believe VA has in ensuring
that veterans and others using educational assistance benefits receive
quality education and training experiences?
Response. I believe the VA has an important role in monitoring the
quality of education and training experience veterans pursue with their
benefits. I would rely on monitoring done by the U.S. Department of
Education, state education monitoring agencies, and other agencies that
monitor training. This may be augmented in situations where additional
quality monitoring is required.
Question 43. I have heard from constituents that very little
information is available to veterans on the Native American Veteran
Direct Loan program. What actions do you intend to take in the way of
program outreach, local partnerships, and/or other mechanisms to ensure
that eligible veterans are aware that they may participate in this
program?
Response. I would want to do as much as possible, subject to
resource constraints I would want to monitor the approaches for
effectiveness and add additional approaches if this is a hard to
contact population.
______
Response to Posthearing Questions Submitted by Hon. Jon Tester to Paul
Lawrence, Nominee for VA Under Secretary for Benefits, U.S. Department
of Veterans Affairs
Question 1. Unfortunately, those following the VA have to
acknowledge that we can no longer devote all of our time to the
substantive issues that I would like to address. During his tenure,
Secretary Shulkin pointed to those within VA who were undermining his
ability, and the ability of VA, to do right by veterans.
Please describe how you would handle a similar challenge.
Response. If confirmed as the Under Secretary for Benefits, I will
collaborate with leaders and staff in VBA and across the Department. My
focus will be entirely on providing Veterans the benefits they have
earned, efficiently and effectively.
While it is difficult to speculate about a hypothetical situation,
I can say that if individuals in VBA jeopardize the provision of these
benefits and, after a reasonable amount of training and coaching this
doesn't change, I would be left with no choice but to remove them in
accordance with the law. Were these individual not in VBA, I would use
the chain of command. I would enlist the support of the Deputy
Secretary and, if needed, the Secretary to help me address the issues
so that Veterans receive their benefits.
Question 2. VBA has set a goal of 125 days for an initial decision
on a veteran's claim. Unfortunately, when there is an appeal involved,
a veteran could wait years longer for finality. Last year, we passed an
appeals reform bill that, if done right, should go a long way toward
helping with this problem.
What will you do to improve the timeliness and quality of
veterans' claims?
Response. Timeliness is generally a function of efficiency of
receiving and processing the claim. Recently, there has been much
improvement and I would continue that trend. I will streamline
processes and allocate resources to have their greatest impact.
Quality work is often a function of the training of employees and
the effectiveness of the monitoring of quality of the work in progress
and when complete. I will review the training program focusing on its
emphasis on timeliness and quality. I will also review the quality
monitoring efforts for effectiveness in detecting and preventing
errors. As appropriate, I will work with VBA experts to develop and
implement additional plans to enhance quality.
How will you ensure that the appeals reform is implemented
by the February 2019 goal?
Response. To ensure the Appeals Improvement and Modernization Act
of 2107 is successfully implemented, VBA continues to work
collaboratively with the Board to reduce legacy appeals through the
Rapid Appeals Modernization Program (RAMP) and solicit and listen to
Veteran, VSO and Congressional feedback. VBA and the Board will
coordinate to explore opportunities to reduce appeal under the Appeals
Modernization Act (AMA). If confirmed, I will meet regularly with the
Chairman of the Board to ensure a successful implementation.
Question 3. For years I've been pushing for the Fort Harrison
Regional Office to be given its own Director. The office is the only
one of its size in the country, both in workload and number of
personnel, which does not have its own Director. Last year, Secretary
Shulkin took a first step in this process by installing an On-Site
Director for the office. However, the office is still being remotely
managed from Salt Lake City. I believe the staff at the Fort Harrison
Regional Office who get up every day and work hard for veterans need
the sort of leadership and stability that having a dedicated, in-house
Director brings.
Do you agree to work with me to resolve this issue?
Response. Yes.
Within 60 days of your confirmation, will you provide me
the steps that you will take to make sure this issue is resolved?
Response. Yes.
______
Response to Posthearing Questions Submitted by Hon. Mazie K. Hirono to
Paul Lawrence, Nominee for VA Under Secretary for Benefits, U.S.
Department of Veterans Affairs
Question 5. To ensure the fitness of nominees for any of our
appointed positions, I ask every nominee who comes before me to answer
the following two questions:
a. Since you became a legal adult, have you ever made unwanted
requests for sexual favors, or committed any verbal or physical
harassment or assault of a sexual nature?
Response. No.
b. Have you ever faced discipline, or entered into a settlement
related to this kind of conduct?
Response. No.
Question 6. The American Recovery and Reinvestment Act of 2009
established the Filipino Veterans Equity Compensation Fund that
provides a one-time benefit payment to eligible Filipino World War II
veterans.
Response. Over 40,000 claims for this one-time benefit were
received and processed. While more than 18,000 claims have been
approved, nearly 24,000 were denied.
As of September 2017, VA estimates 11 appeals were pending with VBA
and the Board of Veterans' Appeals. These cases can ultimately be
appealed the Court of Appeals for Veterans Claims as well.
As the Filipino veterans are now in their 90s, the urgency of
resolving their applications cannot be emphasized enough. Can you
commit that you will make their claims a priority and work with
advocates like the Filipino Veterans Recognition and Education Project
so that they receive the benefits they earned?
Response. Yes.
Question 7. Will you commit to opposing the use of the remaining
balance of the Filipino Veterans Equity Compensation fund for unrelated
purposes?
Response. Yes.
Question 8. Mr. Lawrence, one of VA's top challenges from a
management perspective is the claims and appeals backlog. Based on your
experience as a consultant how would you tackle this issue? Would you
prioritize hiring more personnel?
Response. To address the claims backlog I will focus on timeliness
of claims processing and the quality of that work.
Timeliness is generally a function of efficiency of receiving and
processing the claim. Recently, there has been much improvement and I
will streamline processes and allocate resources to have the greatest
impact.
Quality work is often a function of the training of employees and
the effectiveness of the monitoring of quality of the work in progress
and when complete. I will review the training program focusing on its
emphasis on timeliness and quality. I will also review the quality
monitoring efforts for effectiveness in detecting and preventing
errors. As appropriate, I will work with VBA experts to develop and
implement additional plans to enhance quality.
The Appeals Improvement and Modernization Act of 2017 is key to
reducing the appeals backlog. To implement this successfully, the VBA
continues to work collaboratively with the Board to reduce legacy
appeals through the Rapid Appeals Modernization Program (RAMP) and
solicit and listen to Veteran, VSO and Congressional feedback. VBA and
the Board will collaborate to explore opportunities to reduce appeals
under the Appeals Modernization Act (AMA). If confirmed, I will meet
regularly with the Chairman of the Board to ensure a successful
implementation.
Yes, if I determine that more personnel are needed, I will
prioritize their hiring.
Question 9. Last year Congress passed the Veterans to Enhance
Studies through (TEST) Accessibility Act sponsored by Sen. Rounds and
myself as part of the Forever GI Bill law. Currently, student veterans,
including over 6,000 in Hawaii, are required to use a full month of
their Post-9/11 GI Bill eligibility to be reimbursed for licensing,
certification and national tests, such as those required to be an
athletic trainer, fire fighter or medical technician. The TEST
Accessibility Act would address this issue by reimbursing veterans for
the cost of an approved test and pro-rating the affected month of
eligibility to be used for future educational expenses, such as
tuition. This provision will become effective on August 1, 2018.
Can you commit that if confirmed you would work to ensure this
provision is implemented and communicated to students and schools in a
timely manner before this effective date?
Response. Yes. If it proves not possible to meet this date, I will
explain why and present our revised implementation plans.
Question 10. Mr. Lawrence, as Under Secretary for Benefits, you
will be involved with determining veteran eligibility for over $1
billion in funding to assist homeless veterans and their families. What
are your thoughts on ways we can continue the progress we made in
reducing veteran homelessness (around 47 percent decline since 2010
with slight uptick in the last year) and improve the transition process
to civilian life to prevent homelessness?
Response. If confirmed I will do everything I can to reduce Veteran
homelessness. I will review the actions taken by VBA that contributed
to the decline and identify plans to continue and enhance those
actions. From this review, I would expect additional actions may be
identified. I will review those and determine what can be done, given
resource constraints.
VBA presently supports the effort to reduce Veteran homelessness
through its Education, Transition Assistance, and Vocational
Rehabilitation and Education programs. Across the Federal Government,
other agencies also participate in these efforts. I will encourage
collaboration within the VBA individual states and across the different
agencies so that VA is aligned and focused on this important issue.
Question 11. One of the issues I often hear from veterans in Hawaii
is the lack of access to information and VA outreach to the neighbor
islands on their earned benefits. If confirmed, what would you order
local VBA offices in Honolulu and across the country under your
responsibility to ensure generation-specific outreach from the
department so that veterans of all generations are informed using the
methods of communication they feel most comfortable with?
Response. If confirmed, I will review the communication strategy
employed to reach Veterans. Some Veterans experience lack of access to
needed information about their earned benefits. After ensuring that VBA
has identified and is prepared to implement the most effective
strategies and approaches to reach these Veterans, I will order that
these strategies be implemented.
______
Response to Posthearing Questions Submitted by Hon. Joe Manchin III to
Paul Lawrence, Nominee for VA Under Secretary for Benefits, U.S.
Department of Veterans Affairs
Question 12. The appeals backlog has been a consistent and growing
problem at VBA. Last year Congress passed The Veterans Appeals
Improvement and Modernization Act of 2017 to give the department the
tools needed to address this issue. However, the Rapid Appeals
Modernization Program (RAMP) appears to be off to a slow start. Some
reports indicate that only 1-3% of veterans invited to use the program
have actually registered. What strategies would you initiate to
increase participation in this program?
Response. RAMP participation was initially low. In the briefings I
received from VBA's Appeals Management Office, they indicated
participation has increased over time. This appears to be because the
benefits from participating are now clearer to the Veteran in terms of
actual reduction in wait time and case resolution. One strategy is to
communicate these results widely and more clearly, so more Veterans can
understand the actual benefits from participation.
In my discussions with the Chairman of the Board of Veterans
Appeals and the leader of the Appeals Management Office, both talked
about the value of in-person communication to the VSOs about the
benefits of participating in RAMP. They described their plans to travel
around the country to meet in person and describe the benefits. I fully
support continued visits to do this.
As the feedback from RAMP continues to increase, I would add
additional strategies based on lessons learned.
Question 13. The Vocational Rehabilitation and Employment (VR&E)
program is a good news story that a lot of us do not hear. From what I
am told, it is life changing for veterans. However, in last year's
Independent Budget compiled by the DAV, AMVETS, VFW, and PVA, they
mentioned that the staff-to-client ratio is increasing and the program
needs more counselors. A good program can deteriorate quickly if we
don't make sure it has the people it needs. When developing your
budget, will you do your best to ensure that this program has the
people they need?
Response. Yes. I received similar information from a high-level
briefing on the VR&E program from the VBA in preparation for my
confirmation hearing. As the Veteran population that draws on this
benefit grows, providing appropriate resources is a key challenge. In
developing the budget, I will seek a balance between additional
counselors and more efficient administrative support.
Chairman Isakson. Thank you, Dr. Lawrence.
Did you get to introduce your family?
Mr. Lawrence. Oh, sure. This is my wife, Ann, and that's my
brother, Chris.
Chairman Isakson. Well, thank them for their service
because they will be sacrificing a lot with you doing the job
you are going to be doing for us, which we appreciate.
Mr. Falvey, you are introduced, up to 5 minutes.
STATEMENT OF JOHN L. FALVEY, JR., TO BE JUDGE OF THE UNITED
STATES COURT OF APPEALS FOR VETERANS CLAIMS
Mr. Falvey. Good afternoon Chairman Isakson, Ranking Member
Tester, and distinguished Members of this Committee.
I am deeply honored to have been nominated by the President
to serve as a judge on the U.S. Court of Appeals for Veterans
Claims. I am also honored to appear before this Committee here
today.
In a sense, I am here representing not only myself but my
family, which is full of veterans. Not surprisingly, no one in
my family has ever addressed a Senate Committee before, so I
would like to take this unique opportunity to recognize the
long line of veterans from which I come.
Almost exactly 100 years ago today, my grandfather served
as an Army machine gunner with the American Expeditionary Force
in France during World War I.
At the end of World War II, my then 17-year-old father
enlisted in the Army Air Corps and went on to serve in the Air
Force through the Korean and Vietnam Wars.
My older brothers each served for 30 years in the Air Force
and Navy, respectively, and are cold war-era veterans.
I myself served in the Marine Corps for 30 years, including
service in Afghanistan. My two oldest sons are Marine Corps
infantry officers. One completed two combat tours in
Afghanistan, and the other is preparing right now for his
second overseas deployment.
One of my daughters is an Air Force Academy graduate and an
Air Force officer, and a son-in-law and a daughter-in-law each
served in the Marine Corps.
Many other close relatives also served, including my
nephew, an Air Force veteran of Operation Iraqi Freedom, who
will be buried later this month at Arlington National Cemetery,
not far from Dr. Lawrence's father and my father and mother.
Military service not only runs in my family, it runs deep
within me. I believe this love of country and its veterans
would serve me well on the Court of Appeals for Veterans
Claims.
Throughout my life and my career in the Marine Corps and as
an attorney, I have sought to serve my country and do my duty
as best as I understand it. Both law and war, it seems to me,
impose duties on us, the living, here in the present. We owe a
tremendous debt to the Americans who came before us, who fought
and died, who were wounded and mangled, in places like Belleau
Wood, Iwo Jima, the Chosin Reservoir, Hue City, Fallujah, and
Helmand Province.
Such bloodshed made it possible to enact our higher law,
the Constitution, and the laws of the United States that
persist today, including those laws that come before the Court
of Appeals for Veterans Claims.
As Burke and Madison explained, our laws are an inheritance
from our forefathers that impose a debt against the living. It
is our duty, therefore, to abide faithfully by our laws, and
judges have a special role in that effort.
This sense of duty is what drew me to the Marine Corps and
to the law. It is why I am much honored to be nominated to the
Court of Appeals for Veterans Claims. This court, perhaps more
so than any other court in the country, has a special calling
to faithfully apply our Nation's laws, to do right by the
Americans who have sacrificed for it.
I have spent the past 37 years in public service, and if
fortunate enough to be confirmed, I would be honored to grow
gray--or in my case grayer--in the service of my country while
seeking daily to do right by our laws and by our warriors.
I am committed to devoting the same level of energy and
effort that I have brought to all my endeavors to ensure timely
and fair resolution of the cases that come before me. I promise
you that I would strive every day that I am a judge to deliver
justice under the law to everyone who comes before me.
Finally, I would like to thank the President for nominating
me. I would like to thank Office of White House Counsel,
Associate Counsel Robert Luther for his assistance, and I would
like to thank my family for their love and support.
Although most of my very large family is unable to be here
today, I would like to recognize my son, Joe, and his wife,
Katherine, who appears to have stepped out with one of my
grandchildren, but he is also here with my grandchildren, Peter
and Joe. And there is Katherine in the back with my
granddaughter, Rose.
Thank you for the opportunity to appear before the
Committee and for considering my nomination to this important
court.
I would be pleased to answer any questions you might have.
[The prepared statement of Mr. Falvey follows:]
Prepared Statement of Joseph L. Falvey, Jr., Nominee to be Judge,
United States Court of Appeals for Veterans Claims
Good afternoon Chairman Isakson, Ranking Member Tester, and
distinguished Members of this Committee. I am deeply honored to have
been nominated by the President to serve as a judge on the United
States Court of Appeals for Veterans Claims.
I am also honored to appear before the Committee today. In a sense,
I am here representing not only myself but also my family, which is
full of veterans. Not surprisingly, no one in my family has ever
addressed a Senate Committee before, so I would like to take this
unique opportunity to recognize the long line of veterans from which I
come.
One hundred years ago, my grandfather served as an Army machine
gunner with the American Expeditionary Force in France during World War
I. At the end of World War II, my then 17-year old father enlisted in
the Army-Air Corps and went on to serve in the Air Force through the
Korean and Vietnam wars. My older brothers each served for 30 years and
are Cold War era veterans. I myself served in the Marine Corps for 30
years, including service in Afghanistan. Two of my sons are Marine
Corps infantry officers (one completed two combat tours in Afghanistan
and the other is preparing for his second overseas deployment), one of
my daughters is an Air Force officer, and a son-in-law and a daughter-
in-law served in the Marine Corps. Many other close relatives also
served, including my nephew, an Air Force veteran of Operation Iraqi
Freedom, who will be buried at Arlington National Cemetery later this
month.
Military service not only runs in my family, it runs deep within
me. I believe this love of country and its veterans would serve me well
on the Court of Appeals for Veterans Claims.
Throughout my life and my career in the Marine Corps and as an
attorney, I have sought to serve my country and do my duty as best as I
understand it.
Both law and war, it seems to me, impose duties on us in the
present. We owe a tremendous debt to the Americans who came before us,
who fought and died, who were wounded and mangled, in places like
Belleau Wood, Iwo Jima, the Chosin Reservoir, Hue City, and Fallujah.
Such bloodshed made it possible to enact our higher law--the
Constitution--and the laws of the United States that persist today,
including the laws that come before the Court of Appeals for Veterans
Claims. As Burke and Madison explained, our laws are an ``inheritance .
. . from our forefathers'' that impose a ``debt against the living.''
It's our duty, therefore, to abide faithfully by our laws, and judges
have a special role in that effort.
This sense of duty is what drew me to the Marine Corps and to the
law, and it's why I am much honored to be nominated to the Court of
Appeals for Veterans Claims. This Court, perhaps more so than any other
court in the country, has a special calling to faithfully apply our
Nation's laws to do right by the Americans who have sacrificed for it.
I have spent the past 37 years in public service and, if fortunate
enough to be confirmed, I would be honored to grow gray in continued
service of my country while seeking daily to do right by our laws and
by our warriors.
I am committed to devoting the same level of energy and effort that
I have brought to all my endeavors to ensure timely and fair resolution
of the cases that come before me. I promise you that I would strive
every day that I am a judge to deliver justice under the law to
everyone who comes before me.
Thank you for the opportunity to appear before you today and for
considering my nomination to this important court. I would be pleased
to answer any questions you might have.
______
[The Committee questionnaire for Presidential nominees
follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
------
[Committee non-confidential supplemental questionnaire
follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
------
[A letter from the Judicial Conference of the United States
Committee on Financial Disclosure follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
______
Response to Prehearing Questions Submitted by Hon. Johnny Isakson to
Joseph L. Falvey, Jr., to be a Judge of the United States Court of
Appeals for Veterans Claims
Question 1. How has your background equipped you to serve in this
role as a judge on the United States Court of Appeals for Veterans
Claims?
Response. I believe that my background and experience as a Marine
Corps officer and judge advocate and as a civilian attorney, including
my litigation and judicial experience, equip me well to serve as a
judge on the U.S. Court of Appeals for Veterans Claims.
Currently, I serve as the District Counsel for the U.S. Army Corps
of Engineers Detroit District. As District Counsel, I am responsible
for providing legal advice on a myriad of legal issues and have had to
master a broad array of Federal civil law topics. During my tenure as
District Counsel, I have been involved in numerous significant Federal
cases as the agency counsel. I previously served as an Assistant U.S.
Attorney in the E.D. of Michigan. As an Assistant U.S. Attorney, I was
responsible for prosecuting violations of Federal criminal law related
to international and domestic terrorism.
As a Marine Corps judge advocate, I held successive positions of
increasing complexity and responsibility. My assignments included
serving as a prosecutor or defense counsel in over 250 criminal trials,
serving on the staff of a special operations unit involved with crisis
response planning and implementation, and providing legal advice to
senior civilian and military leadership on various legal matters. I
have also served as a Trial Judge in over 30 criminal trials.
Certification as a military judge follows an intensive course covering
evidence and criminal law and procedure. I was the distinguished
graduate of this course, finishing first in my class with a cumulative
grade of 100%. I also served as an Appellate Judge on the U.S. Navy-
Marine Corps Court of Criminal Appeals and authored several panel and
per curiam decisions.
Also, I have served as a law professor at the University of Detroit
Mercy School of Law and Ave Maria School of Law and I have taught
Evidence, Trial Advocacy, Criminal Law and Procedure, National Security
Law, and Contracts.
I hold a Bachelor of Arts from the University of Notre Dame, a
Juris Doctor with honors from Notre Dame Law School, and a Master of
Laws with honors from the Judge Advocate General's School. This latter
program involved extensive study of Federal law, including criminal law
and procedure, evidence, administrative law, litigation practice, labor
law, public international law, and government contract and fiscal law.
Although I do not have specific experience litigating veterans'
claims, I have demonstrated throughout my career the ability to master
a broad array of legal topics and to weigh legal arguments carefully
and fairly. I believe these abilities, coupled with my extensive
military, litigation, and judicial experience, equip me well to serve
on the U.S. Court of Appeals for Veterans Claims.
Question 2. Can you describe what you believe are the appropriate
temperament and traits of a judge?
Response. I believe that judges must not only possess the necessary
education and experience, but they also must be persons of integrity,
maturity, and judicial temperament. In this regard, they must exercise
their judgment impartially, always recognizing the human dignity of all
the participants, and avoiding even the appearance of impropriety. This
requires that judges treat the individuals and counsel appearing before
them with civility and respect.
Also, I think that certain character traits are important to the
fair resolution of disputes and the administration of justice. These
traits include integrity, strong oral and written communication skills,
attention to detail, and a strong work-ethic.
I believe that I have the character and judicial temperament
necessary to serve on the U.S. Court of Appeals for Veterans Claims.
Question 3. What examples from your personal experiences can you
provide to demonstrate that you have both the temperament and traits of
a judge?
Response. As noted above, I served as both a trial judge and
appellate judge in the military justice system. I was selected to serve
as a judge by the Judge Advocate General of the Navy based on my
education, experience, maturity, judicial temperament, and professional
reputation. My effective service as a military trial and appellate
judge demonstrate that I have both the temperament and traits of a
judge.
Also, my military and civilian litigation experience has equipped
me with the temperament and traits needed to serve as a judge.
Throughout my career, I have developed the ability to weigh legal
arguments carefully and fairly, to speak and write with analytical
precision, and to safeguard the fairness of our judicial system. I
believe these traits would serve me well as a judge.
In addition, my wife and I are parents of nine children. We have
been licensed foster parents in three states (California, Virginia, and
Michigan), and our five youngest children were adopted out of foster
care. As foster parents, we opened our home to more than a dozen
infants in need of care due to abuse, neglect, or abandonment,
including several special needs children. Each of these children was
provided a loving, nurturing, safe environment in which they thrived
until they could either be returned to their homes or be permanently
placed. Although our experience as foster parents is unrelated to the
law, I believe that being a parent helped develop traits that would
make me an effective judge, such as patience, diligence, and a
commitment to service.
Finally, I also have a great love for the men and women who serve
and who have served our Nation. One hundred years ago, my grandfather
served as an Army machine gunner with the American Expeditionary Force
in France during World War I. My father enlisted in the Army-Air Corps
at the end of World War II and served in the Air Force through the
Korean and Vietnam wars. My older brothers each served for 30 years and
are veterans of the Cold War era. I myself served in the U.S. Marine
Corps for 30 years, including service in Afghanistan. Two of my sons
are Marine Corps infantry officers (one completed two combat tours in
Afghanistan and the other is preparing for his second overseas
deployment), one of my daughters is an Air Force officer, and a son-in-
law and a daughter-in-law also served in the Marine Corps. Many other
close relatives also served. Military service not only runs in my
family, it runs deep within me. I believe this love of country and its
veterans will serve me well on the U.S. Court of Appeals for Veterans
Claims.
______
Response to Prehearing Questions Submitted by Hon. Jon Tester to Joseph
L. Falvey, Jr., to be a Judge of the United States Court of Appeals for
Veterans Claims
Question 4. Looking back at both your Federal and non-government
employment, what experiences have prepared you to be a judge on the
Court of Appeals for Veterans Claims?
Response. I believe that my background and experience as a Marine
Corps officer and judge advocate and as a civilian attorney, including
my litigation and judicial experience, equip me well to serve as a
judge on the U.S. Court of Appeals for Veterans Claims.
Currently, I serve as the District Counsel for the U.S. Army Corps
of Engineers Detroit District. As District Counsel, I am responsible
for providing legal advice on a myriad of legal issues and have had to
master a broad array of Federal civil law topics. During my tenure as
District Counsel, I have been involved in numerous significant Federal
cases as the agency counsel. I previously served as an Assistant U.S.
Attorney in the E.D. of Michigan. As an Assistant U.S. Attorney, I was
responsible for prosecuting violations of Federal criminal law related
to international and domestic terrorism.
As a Marine Corps judge advocate, I held successive positions of
increasing complexity and responsibility. My assignments included
serving as a prosecutor or defense counsel in over 250 criminal trials,
serving on the staff of a special operations unit involved with crisis
response planning and implementation, and providing legal advice to
senior civilian and military leadership on various legal matters. I
have also served as a Trial Judge in over 30 criminal trials.
Certification as a military judge follows an intensive course covering
evidence and criminal law and procedure. I was the distinguished
graduate of this course, finishing first in my class with a cumulative
grade of 100%. I also served as an Appellate Judge on the U.S. Navy-
Marine Corps Court of Criminal Appeals and authored several panel and
per curiam decisions.
Also, I have served as a law professor at the University of Detroit
Mercy School of Law and Ave Maria School of Law and I have taught
Evidence, Trial Advocacy, Criminal Law and Procedure, National Security
Law, and Contracts.
I hold a Bachelor of Arts from the University of Notre Dame, a
Juris Doctor with honors from Notre Dame Law School, and a Master of
Laws with honors from the Judge Advocate General's School. This latter
program involved extensive study of Federal law, including criminal law
and procedure, evidence, administrative law, litigation practice, labor
law, public international law, and government contract and fiscal law.
Although I do not have specific experience litigating veterans'
claims, I have demonstrated throughout my career the ability to master
a broad array of legal topics and to weigh legal arguments carefully
and fairly. I believe these abilities, coupled with my extensive
military, litigation, and judicial experience, equip me well to serve
on the U.S. Court of Appeals for Veterans Claims.
Question 5. How would you evaluate statute? How would you evaluate
Congressional intent?
Response. In my view, the role of the judiciary is to faithfully
interpret and apply the law, exercising judgment, rather than will. As
such, when interpreting statutes, regulations, and rules of evidence
and procedure, the judge must seek their objective, ordinary meaning,
looking first to the language of the statute, regulation, or rule. In
addition, the judge should consider the text, history, and structure of
the statute, regulation, or rule. In this effort, sound interpretive
canons are also helpful. Regarding the evaluation of Congressional
intent, statutory text and its objective manifestation of Congressional
intent, not the subjective intents of various drafters, are paramount
because only the text has been democratically approved via bicameralism
and presentment. Finally, whether interpreting the Constitution,
statutes, or other texts, a judge of an inferior court must account for
the precedents of higher courts.
Question 6. Would you reverse a VA position that is consistent with
long-standing VA practice but you believe is an incorrect
interpretation of statute?
Response. A judge on the U.S. Court of Appeals for Veterans Claims,
like other Federal judges, should adhere to the principle of stare
decisis. Such adherence promotes stability in the law and ensures that
similar cases are treated the same. However, if a court (not simply an
individual judge) decides that the court was mistaken in a previous
decision, it might consider overruling its previous decision. Moreover,
the court would be obligated to reconsider precedents that have been
called into question by Supreme Court or Federal Circuit decisions. It
would be inappropriate for me to comment further on this as I may be
faced with this issue if I am fortunate enough to be confirmed as a
judge on the U.S. Court of Appeals for Veterans Claims. See Canon
3(A)(6) of the Code of Conduct for Federal Judges.
Question 7. Would the potential cost of overturning an established
rule factor into your decision on how to adjudicate a case?
Response. If I am confirmed as a judge on the U.S. Court of Appeals
for Veterans Claims, my role as judge would be to apply the law to the
facts presented consistent with precedent and the principle of stare
decisis. It would be inappropriate for me to comment further on this as
I may be faced with this issue if I am fortunate enough to be confirmed
as a judge on the U.S. Court of Appeals for Veterans Claims. See Canon
3(A)(6) of the Code of Conduct for Federal Judges.
Question 8. What do you believe is a reasonable timeframe for the
court to make a decision?
Response. Each case is unique and requires that amount of time
necessary for full and fair consideration of the issues presented. That
said, I am committed to devoting the same level of energy and effort
that I have brought to all my endeavors to ensure timely resolution of
the cases that come before me if I am confirmed. Moreover, recognizing
the tremendous backlog of cases and the lengthy appellate process faced
by many veterans, if I am confirmed, I am committed to working with the
court to develop processes and procedures for shortening the timeframe
for the court to make decisions.
Question 9. Pro bono attorneys and non-attorney advocates play a
significant role in providing representation to appellants who may
otherwise have to represent themselves before the court. What are your
views of attorney or advocate representation versus pro se
representation?
Response. I am aware of the significant role pro bono attorneys and
non-attorney have played before the U.S. Court of Appeals for Veterans
Claims. Although I would make no distinction between those cases where
an attorney is representing the veteran and those where a non-attorney
advocate is representing the veteran or the veteran is proceeding pro
se, I believe some latitude must be given in the latter instance in
recognition of the lack of legal education and training. This is
consistent with the veteran-friendly nature of the veterans' benefits
system and the courts' sympathetic reading canon. This canon has been
extended to include represented veterans. It would be inappropriate for
me to comment further on this as I may be faced with related issues if
I am fortunate enough to be confirmed as a judge on the U.S. Court of
Appeals for Veterans Claims. See Canon 3(A)(6) of the Code of Conduct
for Federal Judges.
Question 10. In response to the Committee's questionnaire, you note
your membership in the National Rifle Association. How has membership
in the NRA informed your views of Second Amendment rights? If a case
were before the court regarding a VA beneficiary's assignment of a
fiduciary, which initiates that beneficiary's name being forwarded to
the National Instant Criminal Background System, would your membership
in the NRA affect your decision on whether VA made the correct
determination in assigning a fiduciary?
Response. My membership in the NRA has not informed my views of the
Second Amendment. Rather, my understanding of the Second Amendment,
like my understanding of all legal provisions, would be based on the
text, history, and structure of the provision, as well as judicial
precedent. My NRA membership would in no way affect any decision I may
be faced with as a judge on the U.S. Court of Appeals for Veterans
Claims. It would be inappropriate for me to comment further on this as
I may be faced with this issue if I am fortunate enough to be confirmed
as a judge on the U.S. Court of Appeals for Veterans Claims. See Canon
3(A)(6) of the Code of Conduct for Federal Judges.
Question 11. How has your membership in The Federalist Society
informed your view of the role of government? The role of the courts?
Response. Although I am unable to measure how my membership in The
Federalist Society has informed my view of the role of government and
the courts generally, I share its commitment to ``the principles that
the state exists to preserve freedom, that the separation of
governmental powers is central to our Constitution, and that it is
emphatically the province and duty of the judiciary to say what the law
is, not what it should be.''
______
Response to Posthearing Questions Submitted by Hon. Jon Tester for
Joseph Falvey, Nominee to be Judge, Court of Appeals for Veterans
Claims
Question 1. Please provide any suggestions you have that will help
veterans receive a more timely decision on their cases.
Response. I recognize the tremendous backlog of cases at all stages
of the veterans' claims process and the lengthy appellate process faced
by many veterans. The Veterans Appeals Improvement and Modernization
Act of 2017 should accelerate the process and ensure veterans receive
the earliest possible resolution of their claims. This legislation
holds some promise for easing the backlog of cases under review by the
Board of Veterans Appeals (BVA) and, consequently, the Court of Appeals
for Veterans Claims. Moreover, the recently recognized ability of the
Court of Appeals for Veterans Claims to hear aggregate cases or ``class
actions'' provides a mechanism for resolving common claims and provides
some hope for more timely resolution of these claims. The use of non-
precedential single-judge decisions of the Court provides a mechanism
for the quick resolution of cases that present no novel legal issues.
Although panel and en banc decisions of the Court take additional time,
the precedential nature of these decisions provide valuable guidance to
the BVA and, over time, will ensure more accurate and timely decisions
by the BVA. Finally, I am personally committed to ensuring timely
resolution of the cases that come before me and to working with the
Court to develop processes and procedures for shortening the timeframe
for the court to make decisions.
Question 2. Your responses to the Committee questionnaire and
supplemental questionnaire for judicial nominees indicate membership or
past activity in traditionally conservative groups or having more
conservative beliefs. While I respect that people hold different
beliefs, it would be helpful to better understand how you would
separate your own beliefs from the law that you would apply to the
facts of any given case.
a. Please describe how you will evaluate statute.
Response. When evaluating or interpreting statutes, a judge must
seek their objective, ordinary meaning, looking first to the language
of the statute. In addition, the judge should consider the text,
history, and structure of the statute. Also, sound interpretive canons
are helpful. Finally, whenever interpreting statutes, a judge of an
inferior court must account for the precedents of higher courts and
adhere to the principle of stare decisis.
b. Do you believe you believe that you can fairly administer the
law when the facts of the case might be contrary to your personal
beliefs?
Response. Yes. I firmly believe that I can fairly administer the
law and my personal beliefs would in no way affect any decision I may
be faced with as a judge on the U.S. Court of Appeals for Veterans
Claims.
______
Response to Posthearing Questions Submitted by Hon. Mazie K. Hirono for
Joseph Falvey, Nominee to be Judge, Court of Appeals for Veterans
Claims
Question 3. To ensure the fitness of nominees for any of our
appointed positions, I ask every nominee who comes before me to answer
the following two questions:
a. Since you became a legal adult, have you ever made unwanted
requests for sexual favors, or committed any verbal or physical
harassment or assault of a sexual nature?
Response. No. I have never made unwanted requests for sexual
favors, or committed any verbal or physical harassment or assault of a
sexual nature.
b. Have you ever faced discipline, or entered into a settlement
related to this kind of conduct?
Response. No. I have never faced discipline, or entered into a
settlement related to this kind of conduct.
Question 4. The American Recovery and Reinvestment Act of 2009
established the Filipino Veterans Equity Compensation Fund that
provides a one-time benefit payment to eligible Filipino World War II
veterans.
Response. Over 40,000 claims for this one-time benefit were
received and processed. While more than 18,000 claims have been
approved, nearly 24,000 were denied.
As of September 2017, VA estimates 11 appeals were pending with VBA
and the Board of Veterans' Appeals. These cases can ultimately be
appealed the Court of Appeals for Veterans Claims as well.
As the Filipino veterans are now in their 90s, the urgency of
resolving their applications cannot be emphasized enough. Can you
commit that you will make their claims a priority and work with
advocates like the Filipino Veterans Recognition and Education Project
so that they receive the benefits they earned?
Response. Within the bounds of the law, I can commit to ensuring
timely resolution of the cases that come before me and to working with
the Court, the Department of Veterans Affairs, Congress, and Veterans
Service Organizations to develop processes and procedures for
shortening the timeframe for the Court to make decisions. Timely
resolution is particularly important with respect to our World War II
veterans, including those Filipino veterans who may be entitled to
compensation from the Filipino Veterans Equity Compensation Fund.
______
Response to Posthearing Questions Submitted by Hon. Joe Manchin III for
Joseph Falvey, Nominee to be Judge, Court of Appeals for Veterans
Claims
Question 5. During your hearing, you mentioned that you had studied
in preparation for your role as a judge on the Court of Appeals for
Veterans Claims. This included spending time studying VA case law and
reading the writings of certain scholars. Will you elaborate further
about the type of preparation you did ahead of the hearing?
Response. In preparation for the hearing, I read recent decisions
of the Court of Appeals for Veterans Claims, focusing on its
precedential decisions, and applicable decisions of the United States
Court of Appeals for the Federal Circuit and the United States Supreme
Court. I also read numerous law review articles related to veterans
law, focusing on the prolific scholarship of James D. Ridgway and
Michael P. Allen. I also reviewed the annual reports of the Board of
Veterans Appeals and the Court of Appeals for Veterans Claims.
Chairman Isakson. Well, thank you for your service to the
country, and your family is just absolutely beautiful.
I am going to yield my time to begin with to Senator Moran.
I am going to try and get everybody who gets here a chance to
testify before they have to go to other Committee meetings, so
I will be last, and I can move people around. Then, I will go
to Senator Tester, and then we will go on from there.
HON. JERRY MORAN, U.S. SENATOR FROM KANSAS
Senator Moran. Mr. Chairman, thank you for your courtesies.
Mr. Falvey and Dr. Lawrence, thank you very much for your
distinguished service, your family's distinguished service to
our Nation, and thank you for your interest and willingness to
answer the President's call to serve in the Department of
Veterans Affairs.
I think I will ask my questions to Dr. Lawrence, which I
have two.
Dr. Lawrence, most of my efforts--I have been a member of
the Veterans Committee since I came to Congress, for 22 years.
I have served either in the House or Senate on this authorizing
Committee. I serve on the Appropriations Subcommittee that
funds the Department of Veterans Affairs, but most of my work
in dealing with the issues that are associated with my tasks
here in Washington, DC, are based upon what we call case work.
What my staff in Kansas, what they encounter, I would tell
you that we spend more time on veterans' case work than any
other topic. So, what I know about the VA and its service to
veterans across the country, certainly in Kansas, is based upon
the concerns they bring to me and to my staff asking for help.
A lot of our efforts have been associated with health care,
but I certainly would not want to indicate that--in fact, it
would be false to indicate that the benefits side of the VA
generates those needs by veterans across Kansas who are asking
for our help.
So, I want to be your ally in helping to see that those who
come to me asking for help get their problems solved, and
perhaps even more importantly than that, that we reduce the
number of veterans who find it necessary to come to a member of
the U.S. Senate to get what they believe and generally what
turns out to be they are entitled to.
I am impressed by your experience, your technical skills,
your management experience. You have a resume that seems very
appealing to me for the position for which you have been
nominated.
Let me ask you this. What do you think you can do? What can
you accomplish? What do you bring from the private sector that
can enhance the ability for the Department of Veterans Affairs
Benefits Administration to meet the needs, to reduce the amount
of case work, and to solve the problems before veterans find it
required upon them to come to one of us here on the Committee
and say, ``I need your help''?
Mr. Lawrence. Certainly. First, thank you for your offer to
work closely on this because I know that in my conversations
with every Member prior to today, each has expressed a similar
observation: that folks turn to them in their district, their
State, and ask for help; and yes, we want to work closely to
reduce that.
But, the second part, my second comment, that which ties to
your broader question, what do I bring, it is an insight as to
how that happens and why. The immediate problem is to
understand the situation and resolve it, but the question you
pose is how did this actually come to be. From a customer
service perspective, we have to learn what it is that is taking
place in the VBA that resulted in this. Do we not give
transparency? Do we not let them know on their own where their
issue is in the process? Have we done something that results in
more questions and complaints, and if so, how come our
educational materials are not sufficient enough to do that?
So, I think not only working closely to resolve the issues
you are confronted with, but also understanding how that came
to be, figuring out the root cause and addressing it.
Combined with my insights to problems like that, I also
know about what other organizations do. They confront this
problem and do not have the kind of things where they are
calling people and the like. So, we should figure out what they
are doing and copy some of those best practices as well.
Senator Moran. What do you think the impediments to
accomplishing that are specifically at the Department of
Veterans Affairs? What will be your challenges related to that
mission?
Mr. Lawrence. It is very hard for me to pick on specifics,
given the level of knowledge that I have, but I think there is
generally several ways to approach it, systematically thinking
about it, that the multiple cases that are taking place have to
be reviewed in the context of what the patterns and trends are,
figuring out through the root cause, then figuring out what
needs to be done, and actually doing it. I think it is
interesting to talk about the problems, but you have to figure
out what to do. Often it is training with a large number of
employees, as you have pointed out. You have to figure out how
to get that out quickly and fast to such a quick number, and
then reinforce the training, the constant measurement about how
effective you are.
Senator Moran. Let me mention in the 34 seconds I have left
the issue of transition. Suppose somebody departs from the
active military at Fort Benning, in the Chairman's State, but
his hometown is Garden City, KS, and he is returning home with
his family. We have 20 suicides a day, and my question involves
how do we get the services that veterans need. What do we do to
make certain when he transitions out of the military and into
the care of the VA that that transition works well?
Any impediments, Dr. Lawrence, that the Department of
Veterans Affairs creates on the benefit side or the health care
side enhances the chances of that serviceman or -woman--that
now veteran--having greater stress in their life, more
challenges, which increase the chances that suicides continue,
that the challenges that our veterans face are increased, not
diminished.
And my point about--I picked Garden City, KS. It is 4 hours
from any VA facility. It is a town of 35,000 people. It is not
a small place, but there is no VA presence, at least in
structure, in Garden City, KS. How do you provide service to
someone who is that remote from a facility?
Mr. Lawrence. Certainly, a couple of points. One is that
the coordination, collaboration with the Department of Defense
is something I have to focus on because you are right. It
starts there, and we need to make sure they are not just always
starting anew when they eventually leave.
The second is--and you are not the first person to express
this--the far distance from facilities where veterans are--and
they just cannot simply walk into a clinic and the like. And I
know that what I will call ``the hard-to-reach'' populations,
because further, they might not even be on electronic medias,
we have to figure out how to communicate with them and let them
know.
I am very interested in exploring, because this seems to be
coming up a lot in conversations, the systematic approaches we
have in terms of allocating resources, making things available
in a more friendly way for these type of situations.
Senator Moran. Thank you both for your presence today, and
thank you for your responses to my questions, Dr. Lawrence.
Chairman Isakson. Well, Dr. Lawrence, just a little bit of
friendly advice; we have got a Montanan, a Kansan, an Alaskan,
and a Hawaiian on this Committee. You have got some people that
come from places where there is not necessarily a lot of
facilities close by. So, the question you just heard is a
frequent question from a segment of our veteran population that
need that help. So, it was a great question and a good thing
for you to have grown up on, although your answer was fine.
Senator Tester. Thank you, Mr. Chairman.
Mr. Chairman, I have got a letter that AFGE sent to both
you and I. That I would ask unanimous consent that this letter
be put in the record.
It is about--Dr. Lawrence, who does not take a position on
it, but talks about concerns with VBA, and Dr. Lawrence is----
Chairman Isakson. Without objection.
Senator Tester. Thank you, Mr. Chairman.
[The letter can be found in the Appendix.]
Senator Tester. I appreciate you both being here.
Dr. Lawrence, if you keep your answers concise, I can get
to Mr. Falvey, but since your vocal chords are warmed up, I
will start with you.
Last year, there were reports that the administration
ordered agencies to not provide responses to information
requests to Democratic Members of Congress.
In the prehearing question I sent, I asked what you would
do if somebody from the White House told you not to answer the
questions. You stated that you would seek to understand the
purpose behind it, to evaluate, and decide the course of action
based on what you learned. It should not be a surprise, but
that is not the answer I wanted to hear.
I just want to be clear because we are an oversight
committee. I think it is critically important that when we ask
questions of agencies in the administration that it is not ``I
will think about it'' or ``I will try to figure out what the
right thing to do is,'' and I could say it applies to Mazie or
Joe or Patty, but it applies just as much to Tom and Jerry and
Mike on the other side, too. We really do need to have an
unequivocal answer, especially from the VA, which has not had
politics inserted into this agency ever. I am concerned that it
might be now.
So, I will ask the question one more time, and that is, if
I or anybody else on this Committee sent you a request for
information, would you agree to answer?
Mr. Lawrence. The answer is yes, with the caveat that you
will let me read the question and understand if there is
anything sensitive in there, such as PII or security concern,
and talk to you about it so that the answer can be yes without
a hesitation.
Senator Tester. No problem. If it deals with security
issues, that is a different story. OK. But, ultimately, we
would have a conversation to make sure that was true, too.
Good.
Mr. Lawrence. Absolutely. That was the intention of my
written answer.
Senator Tester. Thank you. Thank you very much.
One more question for you, and then I will move on to Mr.
Falvey.
Currently, the VA is requiring Under Secretary level
signoff to fill a fast majority of vacant positions. We have
got 35,500-some positions open as of last November, and we are
requiring an Under Secretary to sign off to fill these vast
positions.
I can tell you that in my 61 years on this earth, I had
been around a lot of good leaders and a lot of good
administrative folks, and ``delegation'' is usually the most
important word in their vocabulary.
This does not appear to be a good use of delegation of
powers, holding people below you responsible. Do you think that
it is necessary to get an Under Secretary, somebody right below
the Secretary, to sign off on basic hiring for benefits
managers in a place like Montana, say?
Mr. Lawrence. I appreciate your perspective on delegation,
and I share it.
I am unfamiliar with the procedures of the VA, particularly
in this instance. My conversations with the Assistant Secretary
for Human Resources leading up to this moment were very high
level and broad. It is something I have to look into and better
appreciate, but I also can imagine, if confirmed, sitting there
trying to do the task you just described----
Senator Tester. Yep. We have got a lot of vacancies in the
VA, and I will tell you that red tape is not something we
should be working on. Give the task to somebody in middle
management or even on the ground in Montana. If they do not do
it right, we have given you the tools to get rid of them.
Mr. Lawrence. I agree.
Senator Tester. OK. Thank you.
Mr. Falvey, thank you for being here. You have a lot of
experience on matters that will come before the court. You have
an impressive resume. You did not--let me take that back. You
have an impressive resume, but you do not have a lot of
experience in matters that come to the court, at least from my
perspective. Correct me if I am wrong.
Do you anticipate needing to get up to speed on veterans
law, or have you experience that I am not aware of?
Mr. Falvey. Senator Tester, I think that my vast experience
as a litigator and as a judge will serve me well before the
court.
I have demonstrated throughout my career, the ability to be
introduced to new areas of the law and quickly master them.
That ability coupled with the ability to analyze legal
situations, analyze the facts, apply the law to the facts, and
clearly and concisely communicate will also serve me well.
I agree that I have little background in veterans law;
however, I have spent the last 6 months exposing myself to it
by reading the precedential decisions of the court. Over the
last 15 years or so, there has been a growing amount of
academic writings about the cases before the court, and I have
read a lot of those, especially those written by Michael Allen,
who recently joined the court, and James Ridgeway, who is
prolific about issues of veterans law. So I have exposed myself
to those, and if I am fortunate enough to be confirmed, then I
understand that the learning curve has just begun. It is a very
complex, vast area of law, and I am committed to climbing that
steep incline.
Senator Tester. Thank you, Mr. Falvey.
Unfortunately, I am out of time. We have some more
questions, but I have got three more hearings I have got to get
to. Besides that, Senator Tillis is salivating to ask you guys
questions. [Laughter.]
Chairman Isakson. I do have to say, though, before you
leave, is Mr. Toth here, please? Judge Toth?
Judge Toth. Yes, sir.
Chairman Isakson. Would you stand, please, so I can see
you.
All right. I have to tell you all, talking about education
and preparedness, Mr. Toth graduated from Ave Maria School of
Law, and Mr. Falvey taught at it. So, we are going to have a
lot of divine intervention on the court----
[Laughter.]
Chairman Isakson [continuing]. Because they learned the law
from a very high place. We are proud of both of them.
Next is, I guess, Senator Tillis.
HON. THOM TILLIS, U.S. SENATOR FROM NORTH CAROLINA
Senator Tillis. Thank you both for being here, and
congratulations on your nominations.
I cannot help but for shamelessly recognize one of my VA
medical centers down in North Carolina. During the work period,
I was at the Asheville VA. Actually, over the work period, I
spoke with all the incoming directors of the medical centers. I
am very impressed with the transition and particularly
impressed with the continued high ratings that Asheville is
getting. We have had the five-star rating. I believe that is
the highest rating you can get in the VA. That puts us in the
top 10 percent, so I appreciate it.
The fact of the matter is I believe a lot of what gets you
to the fifth star is all the hard work that is done by the men
and women in the facility, so I just want to thank them.
Now, Mr. Lawrence, have you had an opportunity in your
preparation to look at the Protecting Veterans from Predatory
Lending Act? It is a bill that I cosponsored with Senator
Warren.
Mr. Lawrence. At a very high level.
Senator Tillis. I am not going to cause you to drill down,
but can you at least generally agree that there are some
predatory lending practices, some churn, and probably only a
small segment of the financial community that we need to figure
out a way to hold them more accountable and protect our
veterans?
Mr. Lawrence. Generally, that is true, and I would agree.
Senator Tillis. When you get confirmed--and I will be
supporting your confirmation--I would really like for you to
dig into that pretty quickly. It is a bill that is now in the
House, and we want to get it there. There may be some things
that we can continue to work out, but I think the baseline bill
is very important.
We have had reports just recently of some bad actors, and I
think this is going to head off some of the future problems
that some of our veterans are dealing with. So, I want to ask
you to dig into the details.
This is another area that you are probably somewhat
familiar with. Since I have been here the last 3 years, I have
spent time along with Senator Burr on Camp Lejeune toxic
substances. I am still a bit frustrated. I have worked well
with the prior two Secretaries to try to move things along. I
give the presumption to the people that may have been exposed
to toxic substances. But, it seems like we are talking half
steps to really get to a point to where the presumption favors
the veteran.
But, we have language in the omnibus that we want answers
to, and I assume that you will be a part of providing the
answers. I would not expect a direct answer today, but I do
expect one pretty soon.
One is why did we create a separate process that falls
outside the traditional compensation and pension examination
process? I do not understand that. I think at best, it is just
a duplication of an existing process; at worst, it is possibly
a process that will make it more difficult to help the
veterans.
I do not know if you can respond to that now, but that is
something that I will be watching pretty quickly. I have got a
lot of focus on this issue, let us say.
We can talk later about the evidentiary standard, but
again, I feel like there is a dual standard. And, I want to
know based on the science why that would be. I am not a
scientist. I do not pretend to be one, but I am pretty good at
logic. I do not understand the logic behind it. So, once you
are confirmed, you can expect us coming pretty fast after you
to get answers to the questions that were posted in the
omnibus.
I do not know if you want to respond to that. You are in a
difficult position because you are not confirmed yet.
Mr. Lawrence. Sure, sure. I have actually had a preliminary
conversation about this and done some research. I appreciate
your perspective and understand. And, I understand that the
review by SMEs is not unique, but I understand your point about
is it appropriate and might it be special.
Were it not for the omnibus language, I would have
suggested we work together to better understand it, but the
language in there is clear. So, I look forward to the
reviewing, participating, and coming back to you to figure out
the right course of action.
Senator Tillis. The only reason the omnibus language is in
there is--I have been a Senator for 3 years. I have been
working on it for 3 years, and I want to get it done. We need
to get you in the job, and I want very specific answers to the
question. Most importantly, I want expedited resolution for the
veterans who I think rightly deserve care.
Thank you. I look forward to supporting your nomination.
Mr. Lawrence. Thank you.
Senator Tillis. I do not promise all of our meetings will
be amicable, but I will always be respectful.
Mr. Lawrence. Thank you.
Senator Tillis. Hopefully, it is going to work out fine,
but this is something that is very important to me.
In my remaining time, Mr. Falvey--is it the correct
pronunciation?
Mr. Falvey. Yes, sir.
Senator Tillis. I am very impressed with not only your
legal experience--we have got to figure out how to clear the
docket more quickly. We need more resources to do that. That is
why I will be supporting your nomination.
But, I am particularly impressed with your own military
service and what looks like almost a Forrest Gump, you know,
Lieutenant Dan sort of history of family service. So, tell me
how the combination of what is clearly a generation's old
military family and your legal experience--what kind of unique
perspective does that actually bring to the appeals process?
Mr. Falvey. Well, I think that, number 1, coming from a
military family, being a military brat, if you will, and being
raised all over the country, exposed me to the notion of public
service, which has been true of myself, my siblings, and now my
children, and it is why I am interested in continuing to serve
the public, especially this special class of public we call
veterans on this court.
My Marine Corps judge advocate experience, both as a trial
counsel, defense counsel, in over 250 trials give me the
perspective of the litigants, and then I also have judicial
experience both at the trial level and at the appellate level
in the Marine Corps.
Senator Tillis. Well, your past experience and your family
experience gives me great confidence you are going to be a
great addition and a nomination I will proudly support.
Thank you, Mr. Chair.
Chairman Isakson. Thank you, Senator Tillis.
Senator Cassidy.
HON. BILL CASSIDY, U.S. SENATOR FROM LOUISIANA
Senator Cassidy. Thank you, Mr. Chair.
Thank you, gentlemen.
Mr. Chair, first, I want to give a shout-out. We have had a
bill sponsored with Dr. Yoho from the House side, the WINGMAN
Act, which was Working to Integrate Networks Guaranteeing
Member Access Now Act. Some folks in our State, veterans in our
State, felt as if there was insufficient responsiveness by
regional offices, but I can say that--and the VA opposed our
WINGMAN Act, but let me just give a shout-out to the folks back
home. Mark Bologna is one of them, who has just made incredible
strides in terms of constituent service, so I just want to give
credit where credit is due. The need that we were identifying
in order to push this legislation on a local level, they have
made strides in eliminating the need for it. So, I just had to
say that.
Dr. Lawrence, I am really interested in exploring the
increased incidence of suicide among veterans, and it is
unclear to me that it is peculiar to veterans. If you look at
the nonveteran population in the same demographic as the
veterans who are committing suicide, the nonveteran demographic
has--or cohort has the same suicide rate or higher. Does that
make sense?
Mr. Lawrence. I am unfamiliar with the data, but I believe
what you just said, yes.
Senator Cassidy. So, I gather that the VBA has multiple
business lines from which they can capture the data on veterans
committing suicide; for example, the GI Bill, the Home Loan
Guarantee Bill, et cetera. We have not been told how they do
this, but we are just told they can.
We are also told that the Veterans Administration's Office
of Suicide Prevention is in the initial stage of sharing
information to try to collate this in an effort to prevent
veteran suicides, but that it requires a memorandum of
understanding even if it is within the VA. So, the GI Bill
folks may have the info, but they need an MOU to share it with
the Office of Suicide Prevention.
I raise it knowing I know the answer, but just to document.
Would you support this effort, and would you support the Office
of Suicide Prevention team's efforts in expediting what appears
to be a cumbersome process of getting MOUs signed between VA
agencies in order to get the data back to begin to analyze?
Mr. Lawrence. Yes, absolutely. In fact, I think we can even
draw on the experience of the vocation rehab--rehabilitation
and education folks, where they have counselors who work with
folks to normally get them into education, but they have been
trained. They all have master's degree in case work and
sociology. They also receive additional training for suicide
identification and the like, so a model for that collaboration
and sharing as quickly as possible across the organization
exists.
Senator Cassidy. That would be great.
I have shared this in the past with previous VA panels. I
have been told they would be open, but it has never happened.
There is a researcher at Princeton, Anne Case, Ph.D. She is
the one who has come up with the concept of death by despair,
looking at folks 35 to 55, non-college educated, other things
that are notable; these are the ones who have our high suicide
rates. And what I was interested in is if you took the VA data
and you gave her sort of an analysis, would we learn something
that would help us identify?
I used to think it was all the kids coming back from Iraq
and the current war, but then I later learned, no, it is
Vietnam veterans, it is Korean veterans who are committing
suicide, disproportionately.
So, I guess what I am asking is both internally but also
externally doing the sort of data analysis that would give us
insights as if there is something we can do to decrease the
number of veteran suicides?
Again, just asking your commitment to at least be open to
it because I have raised it in the past. People have assured me
they are open to it, but it never happens, which is somewhat of
a frustration.
Mr. Lawrence. Certainly. I appreciate your frustration.
That sounds like thoughtful analysis and hypothesis. Yes.
Senator Cassidy. OK. Well, I appreciate that.
With that, I yield back. Thank you.
Chairman Isakson. Senator Cassidy, thank you.
Senator Rounds.
HON. MIKE ROUNDS, U.S. SENATOR FROM SOUTH DAKOTA
Senator Rounds. Thank you, Mr. Chairman.
First of all, gentlemen, thank you for offering to serve.
It is appreciated.
Mr. Falvey, I want to, first of all, thank you for
appearing before our Committee and also thank you for your
words to this Committee in which you make it very clear that
you want to do right by our veterans.
As you know, I was involved in advocating for veterans in a
case known as Staab v. McDonald. This related to emergency care
reimbursement for veterans.
The U.S. Court of Appeals for Veterans Claims was the body
that reversed standing VA policy, which then led to the VA
dropping the appeal and revising its rules. It takes confidence
and a strong understanding of veterans laws to write an
opinion, such as the one given in Staab v. McDonald.
This was just, so that everybody understands--this was a
case in which emergency services had been denied to veterans in
direct conflict with what had been a directive by this Congress
that emergency care be delivered to a veteran, regardless if it
was at a VA facility or a private facility.
It took more than 3 years to get it resolved. There were
veterans that died during that time, wondering whether or not
that bill would ever be paid.
My question for you, sir, is can you explain to me how you
will approach cases objectively and give full consideration to
all arguments brought before the U.S. Court of Appeals for
Veterans Claims.
Mr. Falvey. I think it is important for a judge to apply
the law as it exists and the facts before them. Each case is
unique. They should not give consideration to extrajudicial
matters such as--I was asked yesterday by, I think, Senator
Tester's staff about the cost implications of a particular
decision, and while the cost may be a very important factor for
the Department, if it is not part of the law or regulation or
the facts of a particular case, it should not be a
consideration of the court.
Every veteran should be entitled to and should receive
timely justice. I am committed to doing what I can as an
individual judge and as a member of the court to ensure that
happens.
Senator Rounds. Thank you, sir.
Mr. Lawrence, in your testimony, you cited improper
payments as an initial effort that you would like to examine.
Can you elaborate on this possible future effort, and can you
explain how you would seek repayment, if any, from veterans?
I ask this because I recognize that there are instances of
fraud, but also instances of no intentional wrongdoing. I would
be concerned about how aggressive the VA would be in seeking
repayment from a veteran in the case of no intentional
wrongdoing.
Mr. Lawrence. Sure. There is a lot to be said about
improper payments, but let me deal directly with your
perspective on the final thing. After you determine why this
exists and gone through those, getting the money back, and that
interaction between the VA, the VBA, and the veteran is a
really sensitive moment that has to appreciate the situation
you are describing.
It is unlikely that it was their fault. They missed
communication. They had particular life event whereby they were
so distracted by the event--a death, a divorce, something like
this. They just did not remember to fill out the forms. They
find themselves now with more money. That moment of expressing
empathy and dealing with it professionally and understanding
the situation is very, very key and has to be handled
delicately and with respect.
But, the goal is to prevent payments--prevent improper
payments, and by virtue of the small fraction it is--I think it
is .67, \2/3\ of 1 percent at the VBA, on a large number, that
is still a large number, north of $500 million. So, when I talk
about dealing with that, that should be addressed so it does
not happen. If it does not happen, the problems you are
describing, which we are talking about, will not exist, and we
will not find yourself in that situation.
Senator Rounds. Are these improper payments going to a
veteran, or are they going to a third-party provider?
Mr. Lawrence. I believe these are going to veterans. So, it
is overpayments, essentially, if you will.
Senator Rounds. And, these are primarily not based upon
health care payments, as opposed to other payments for other
benefits received?
Mr. Lawrence. Yeah. These are compensation payments. You
have applied for a service-related injury, and now you are
receiving something. Suddenly, now it is too much.
Senator Rounds. So, just to be clear, we are not talking
about veterans who are receiving payments for health benefits
that have been incurred; this is where I am getting at. This is
a case where you are talking about benefits that have been
received by a veteran as a requester of the benefits, and then
the benefits that are being paid are greater than what the
benefit--or than what the veteran should have been entitled to
receive in the first place.
Mr. Lawrence. That is correct. That is correct.
Senator Rounds. OK. Very good. Thank you.
Mr. Lawrence. Thank you.
Senator Rounds. Thank you both.
Thank you, Mr. Chairman.
Chairman Isakson. Thank you, Senator Rounds.
I want to thank Senator Rounds for his dedicated work
during the omnibus when we tried our best to get our Veterans
Choice legislation through, which eventually we are going to
get, so I appreciate your help very much. Nobody looks after
veterans any more than you do.
But, I want to make this point. If I understood what he is
talking about, the VA needs to do a better job of not making so
many mistakes that require them to get refunds back from
veterans who were overpaid for a benefit. I think that is what
you were saying, is it not?
Mr. Lawrence. That was a pretty blunt way of saying it.
Yes, sir.
Chairman Isakson. Yeah. Well, I did not mean to be blunt. I
mean to be precise. Is that better? [Laughter.]
Succinct.
But, the less we have errors on our part that cause us to
go ask for something back from a veteran, whether it is
meritorious or not, the better off attitudes are going to be
and reception of those benefits are going to be. So, I think
that is one of the things Senator Rounds was talking about. I
have seen the same thing in my office as well.
Mr. Lawrence. That is absolutely correct, and we save money
because we do not have to go and get the money back into both
the resources to that as well.
Chairman Isakson. Because otherwise they are left to go
hire lawyers like Blumenthal, who will drive everybody crazy
getting their benefit back.
Oh, Senator Blumenthal. Welcome. You are recognized.
[Laughter.]
HON. RICHARD BLUMENTHAL,
U.S. SENATOR FROM CONNECTICUT
Senator Blumenthal. Mr. Chairman, thank you.
Mr. Falvey, thank you for your service. I understand that
you served in Afghanistan with a young man named Second
Lieutenant Matthew Blumenthal.
Mr. Falvey. Actually, Senator, that was my son, Joe.
Senator Blumenthal. Oh.
Mr. Falvey. They served together.
Senator Blumenthal. Well, we are both proud of our sons.
Thank you for your service also to our Nation.
Mr. Falvey. Thank you.
Senator Blumenthal. I want to ask you about backlogs. As
you know, backlogs have plagued the VA appeals process for some
time, and they have left thousands of veterans in limbo as they
try to pursue their benefits. The Veterans Appeals Improvement
and Modernization Act of 2017 takes some important steps in the
right direction and seeks to improve this broken system in the
fiscal years 2015 to 2017.
The number of pending appeals increased from 380,000 to
470,000. That is a 20 percent increase.
Have you thought about what the Court of Appeals for
Veterans Claims can do to reduce the backlogs, either through
its remands to the VBA or other steps that can be taken?
Mr. Falvey. Yes, Senator. I think the Appeals Modernization
Act is a great first step, and I think it holds great promise
that it will reduce the number of cases as veterans choose
other tracks than going through the VBA and to the court. Time
will tell; however, that has not been yet implemented. So, we
will see how that works.
A couple other things that I know are in the works at the
court is that the court recently on a case reversed by the
Federal circuit has opened up the possibility of aggregate
cases or class actions, if you will, and I think that that
opens up the possibility that similarly situated veterans who
are facing the same issue can have their issue resolved as a
class rather than waiting for their individual merits decision.
Third, I think that--I make note of the fact that most, the
substantial majority of cases before the court are resolved by
a single judge, non-precedential decisions, which is a valuable
technique of moving a case timely along, but it should be
reserved for those cases that are not unique that are pretty
straightforward and do not require that sort of precedential
decision.
But, in appropriate circumstances, these precedential
decisions, although they take a little bit longer, give the BVA
the guidance they need, such that they do not commit error,
requiring intervention by the court. So, hopefully, those sorts
of measures will do what the court can do to move these cases
along, but the numbers you cited are largely--that is the
backlog at the BVA, not at the court. So, it is coming out of
the BVA that the court needs to move promptly on the cases
before them.
Senator Blumenthal. Thank you.
Dr. Lawrence, do you think the issue of privatization
played a role in Dr. Shulkin's departure?
Mr. Lawrence. I do not know. I honestly do not know. My
conversations leading up to--since I have been nominated have
been with the team from Deputy Secretary below, did not have
interactions with Dr. Shulkin.
I can say the team I have dealt with is very professional
and very much focused on veterans issues.
Senator Blumenthal. Do you have views on privatization?
Mr. Lawrence. No, I do not. I know that if confirmed as
then Under Secretary of Benefits, I will devote all my time and
energy to get veterans the benefits they have earned, most
effectively and efficiently.
I think, as you point out, the appeals modernization, the
new GI Bill are a daunting task that will occupy all my time. I
have no plans to privatize the VBA.
Senator Blumenthal. In your contacts prior to your
nomination, were you interviewed by the White House?
Mr. Lawrence. No, I was not.
Senator Blumenthal. Who interviewed you?
Mr. Lawrence. Well, it is a commission process, as you
know. The Deputy Secretary selects 11 people, resumes, all from
the United States. The commission process, I am under the
impression a limited number of resumes are brought or sent over
to the Secretary.
I did interview with Dr. Shulkin in November of last year,
a very short interview, a very busy guy, and that was it. That
was the process.
Senator Blumenthal. When was it completed, the process,
that is?
Mr. Lawrence. I received notification from the White House
or email early in January to complete my paperwork. At that
time, it was not clear I was exactly the nominee, and then in
early February, they announced the intent to nominate, and they
called me and told me that.
Senator Blumenthal. So that occurred--the decision occurred
in early February or sometime before?
Mr. Lawrence. Yeah. Sometime between January and February,
that is correct. Yes, sir.
Senator Blumenthal. And you were never asked about your
views on privatization by anyone?
Mr. Lawrence. Correct.
Senator Blumenthal. OK.
Thank you, Mr. Chairman.
Chairman Isakson. Thank you, Senator Blumenthal.
Thanks to both of our nominees. Thank you very much for
your service. You both have exemplary records that prepare you
greatly for the task ahead of you.
Mr. Falvey, the appeals process is critical for a healthy
VA. One of our biggest problems has been a long delinquency in
decisions being made and final decisions being made in terms of
eligibility or percentages.
Your help with that will be immeasurable, and now you will
be the ninth sitting judge for the first time I think in--is it
1 year or 2 years? Two years? Almost 3 years. We can have a
full court. So, having enough manpower is not an excuse, and
Judge Toth is back there nodding his head, so he has heard this
before. He knows that, and we want to use that manpower and
woman power and legal power and veterans power to get the
backlog resolved as quickly as we can and move forward to have
a much better and more responsive appeals process for our
veterans.
As far as benefits are concerned, every time, you, Dr.
Lawrence, with all the experience you have in management
consulting and consulting people in terms of organizational
psychology and things like that, the better we can run a
streamlined agency where we do not create problems for
ourselves, the better off we are going to be.
And, I can tell you from 3 years of being the Chairman of
this Committee, we create as many problems for ourselves as
were created by somebody else, and the best thing to do is
start cleaning up your own problems first. I think you will be
a good start for that.
I know the people that are at the VA now, I know that they
have gotten this message, and we are all going to try and do
so, so we have the responsive team that is on the field,
working day and night for our veterans, just like they work day
and night for us when they served our country.
With that said, I will repeat what I said at the beginning
of the hear. We will have a confirmation hearing with the
nominee for Secretary when the nominee's paper and everything
else that we need to get as a Committee are over here from the
White House. The earliest that could probably be and the latest
it probably needs to be is the 25th of April, which right now
we are on target to be able to meet that time if, again, the
nominee and the people behind the nominee get us the paperwork
that we will need. We will work expeditiously to do that.
In the meantime, it is full steam ahead, serve our
veterans. Let us work hard for them, just like they worked for
us.
I want to thank the Committee for making the effort for so
many Members to get here for this hearing today and be a part
of it. Thank you very much.
With that said, we stand adjourned.
[Whereupon, at 3:27 p.m., the Committee was adjourned.]
A P P E N D I X
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[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
HEARING ON THE NOMINATION OF JOHN LOWRY III TO BE ASSISTANT SECRETARY
OF LABOR FOR VETERANS' EMPLOYMENT AND TRAINING
----------
TUESDAY, JUNE 13, 2018
U.S. Senate,
Committee on Veterans' Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 3:20 p.m., in
room 418, Russell Senate Office Building, Hon. Johnny Isakson,
Chairman of the Committee, presiding.
Present: Senators Isakson, Boozman, Heller, Cassidy,
Tester, Brown, Blumenthal, and Hirono.
OPENING STATEMENT OF HON. JOHNNY ISAKSON, CHAIRMAN,
U.S. SENATOR FROM GEORGIA
Chairman Isakson. This session of the Senate Veterans'
Affairs Committee will come to order. The purpose of this
hearing is for confirmation and questions.
Mr. Lowry, before we do so, I would like to ask Mr. Lowry
if he would raise his right hand, and under the rules of the
Committee, your testimony will be under oath. If you will
repeat after me, I would appreciate it. Do you solemnly swear
or affirm that the testimony you are about to give before the
Senate Committee on Veterans' Affairs will be the truth, the
whole truth, and nothing but the truth, so help you God?
Mr. Lowry. I do.
Chairman Isakson. Please be seated.
I will make a brief opening statement, and then I think
Senator Tester will do the same. Then we will go to your
statement, Mr. Lowry, which you will have up to 5 minutes to
say whatever you would like to say. The longer you go, the
bigger the votes against you are going to be, so try to stay
within that 5 minutes. [Laughter.]
And, I count the votes.
Then, we will go to questions and answers from the
Committee, and I know Mr. Young is here to introduce you, but
before we get to that point, let me just make an opening
statement and then turn to Jon. Then we will go to Mr. Young,
if that is OK.
The most important thing for our--all aspects of life are
important for our veterans, but nothing is more important than
to return from combat or to return from deployment overseas,
return from active duty and find a place to work, find purpose,
find meaning, and support your life and your family.
Employment is the key to doing that, and as we all know,
there are difficult times going from active duty to being
employed depending on the economy, depending on where you end
up, depending on a lot of things. So, this today, Mr. Lowry's
nomination, is for a most important position. It is for an
Assistant Secretary position at the Department of Labor for
Veterans' Employment and Training, which is a critical,
critical program to help us reduce the amount of unemployment,
raise the amount of employment, and see to it that we pay back
our vets for the jobs that they have done for us overseas and
around the world.
So, I am glad you are here, Mr. Lowry. I congratulate you
on your nomination.
I recognize the Ranking Member for any remarks he may have.
OPENING STATEMENT OF HON. JON TESTER, RANKING MEMBER, U.S.
SENATOR FROM MONTANA
Senator Tester. Well, thank you, Mr. Chairman, and I want
to welcome not only Mr. Lowry but Senator Young to the
Committee. I appreciate you being here, Senator.
Mr. Lowry, I want to thank you for your willingness to
serve, and I want to thank you for the visit we had in my
office the other day.
The Jobs for Veterans State Grant Program could work better
in Montana. There are simply too few staff members available to
cover the veterans who need your help.
And, Montana veterans are not the only ones struggling with
getting the services they need to find meaningful employment.
Many veterans who reside in rural areas--and we visited about
this the other day--face the same challenges.
If you are confirmed, I want to know whether you believe
that we need to modify the criteria used to deploy grant
dollars to take into account rural State special circumstances.
Mr. Lowry, as Assistant Secretary, you are going to be
tasked with meeting the unique employment needs of different
cohorts of veterans; for example, issues faced by Native
American veterans are not widely understood.
Under your leadership, we will want to know how DOL VETS
can better support veterans who are Native American, who are
women, and others who face burdens of employment.
Additionally, I will want your commitment to end veterans'
homelessness by providing the necessary tools and resources
through the Homeless Veterans Reintegration Program. I am sure
that you would agree that these veterans need a path toward
meaningful employment and financial security. All of this is
directly related to a servicemember's transition to civilian
life.
It is important that I can count on you to understand how
employment, housing, family support, and dozens of other
factors come together during the transition process.
I would also like to highlight family support. Military
spouses sacrifice right alongside servicemembers, and their
ability to succeed in the workforce is a key component of a
family's successful transition.
Mr. Lowry, it is my sincere hope that your business
experience can help DOL VETS better understand what employers
are looking for and how we get our transitioning servicemembers
and veterans to a place where they are at the top of any hiring
official's offer list.
I look forward to the discussion today, and I look forward
to your testimony. By the way, assuming everything goes well, I
look forward to your speedy confirmation.
Chairman Isakson. Thank you, Senator Tester.
Before I introduce Senator Young, I want to thank Senator
Young from Indiana for being here today to introduce our
witness and welcome him to the Committee.
Senator Young, you are recognized.
INTRODUCTION BY HON. TODD YOUNG,
U.S. SENATOR FROM INDIANA
Senator Young. Well, thank you, Mr. Chairman and Ranking
Member Tester. It is a privilege to be here, and it is an honor
to introduce a fellow Marine and a one-time Hoosier, Mr. John
Lowry, to serve as Assistant Secretary of Labor for Veterans'
Employment and Training.
Mr. Lowry currently leads the U.S. operations and supply
practice for the executive search firm, Egon Zehnder, where he
has worked since 2016. Prior to his current role at that firm,
Mr. Lowry gained a wealth of valuable business experience.
Mr. Lowry worked at Harley Davidson for 12 years, with the
last 5 spent as a member of the company's senior leadership
group. As a member of Harley-Davidson's senior leadership
group, Mr. Lowry managed the company's plants in Kansas City
and Milwaukee.
In 2013, Mr. Lowry made an excellent decision to accept a
position as chief operating officer of the Allied Recreation
Group in Indiana. Mr. Lowry helped turn around Allied
Recreation Group and returned the company to profitability.
He also has a long and distinguished career in the Marine
Corps and Marine Corps Reserve.
Following graduation from Princeton and service in the
Marine Corps platoon leader class, Mr. Lowry accepted a
commission in the U.S. Marine Corps. He spent 15 years as an
infantry and force reconnaissance officer and served in
operation Desert Storm. Mr. Lowry then left active duty to
attend Harvard Business School. He remained in the Marine Corps
Reserve, however, and would later command 1st Battalion 24th
Marines and Headquarters Battalion for the 4th Marine Division.
As if degrees from Princeton and Harvard were not enough to
demonstrate his intellectual prowess, Mr. Lowry also attained
degrees from Stanford and the U.S. Army War College.
Mr. Chairman, it is clear that Mr. Lowry has a sterling
reputation and reputation of success in both the private sector
and service to his country. The position of Assistant Secretary
of Labor for Veterans' Employment and Training, I know is
critical to ensuring that our servicemen and -women are
prepared to transition from the service to the civilian
deployment.
Thank you so much for considering his nomination. I yield
back.
Chairman Isakson. Thank you.
Before you are recognized to speak, before you speak, I
want you to introduce that lovely lady that you introduced to
me, your wife, and any other special guests that are here
today.
STATEMENT OF JOHN LOWRY III, NOMINATED TO BE ASSISTANT
SECRETARY OF LABOR FOR VETERANS' EMPLOYMENT AND TRAINING
Mr. Lowry. Thank you, Senator.
Right behind me, my wife, Meleda, a second-grade classmate
from New Canaan, CT, where we grew up. I also have Craig Norman
with me, in the back row--Craig and I worked at Harley-Davidson
together--and Major General Paul Kennedy, who was in my rifle
company when we were young lieutenants a couple years ago.
Thank you, Senator.
Chairman Isakson. You know, when you were introduced a
second ago by Mr. Young, he called you a Marine, but he called
you a former Hoosier. I know there are no former Marines, only
all-time Marines.
Mr. Lowry. Former Hoosier, that is right, sir.
Chairman Isakson. You are introduced, Mr. Lowry. Thank you.
Mr. Lowry. Well, good afternoon, Mr. Chairman, Ranking
Member Tester, distinguished Members of the Veterans Affairs'
Committee. I want to thank you for this opportunity today to
testify before you and for considering my nomination as the
Assistant Secretary for Veterans Employment and Training
Service, and I thank you for your support of veterans. It has
been inspiring, and it means a lot to, I know, people, to the
veterans and to their families.
I would also like to thank the President and Secretary
Acosta for recommending me for this nomination, and I owe a
special debt of gratitude to my wife, who we just introduced,
for not only her support as a military spouse while I wore the
uniform, but her support throughout my time in the private
sector.
As a veteran and as a businessman, I am passionate about
the VETS mission to prepare America's servicemembers and
spouses for meaningful careers, to provide employment resources
and expertise, to protect their well-earned employment rights,
and to promote their employment opportunities.
I believe that fulfilling this mission is not only the
right thing to do for our veterans, but it is also important
for America.
As somebody who has served in leadership roles in plants in
Indiana, Pennsylvania, Missouri, and Wisconsin, I know
firsthand how veterans are some of the most exceptional
employees we have, and when they live up to their potential, as
you know, they are in a much better position to provide for
their families, bring value to the organizations they serve,
and ultimately strengthen American competitiveness.
Given my experience as a veteran of the regular active-duty
force and as a drilling Reservist who has been activated, I
have some insights into some of the challenges that veterans
face.
In my private-sector role, I also have some insights into
what businesses--challenges--face, and I have seen veterans
help companies meet those challenges.
What I do today as the head of the Supply Chain Operations
practice for Egon Zehnder, I am really in the business of
helping companies address their talent challenges. I like to
think that all of these elements of my career have relevance
for this role.
I also like to think the privilege that I have had to work
for some great leaders over the years is also relevant. Their
example has rubbed off on my a little bit and helped make me a
better leader and a manager. If I am confirmed, I will give my
all to provide capable and able leadership to the VETS team as
we serve this important mission for our great country.
As you are well aware, the screening and training that one
goes through in the military, the responsibilities that
servicemembers are given at a young age, and the fact that
veterans spend their formative years in a culture of
accountability and mission focus provide soft skills that are
arguably unmatched by any other feeder pool.
Unfortunately, however, soft skills are not always enough,
and that is why, if confirmed, I would make the ongoing
apprenticeship initiative a particular priority as
apprenticeships, which I have supported throughout my
manufacturing career, provide a great opportunity.
Apprenticeships are a great tool to get those critical skills
to both transitioning and transitioned veterans alike.
So, too will engaging employers to participate in the Hire
Vets Act recognition program be a priority. Broad participation
will allow the program to pay for itself while also promoting
the many benefits of hiring veterans.
And, my final priority, if confirmed, would be to promote a
continuous improvement mindset in VETS whereby we think
creatively on how we can better serve our veterans and be
responsible stewards for our limited resources.
To that end, I would make it a personal priority to
strengthen relationships with other governmental agencies, with
the VSOs, and other external stakeholders who are supporting
our veterans.
In closing, if confirmed, I will work closely with you,
with our partners, stakeholders, and with the dedicated VETS
team to provide transitioning servicemembers, veterans and
their families with the best possible resources that they will
need to enable their success in today's economy.
Thank you again for your dedication and commitment to our
veterans and for consideration of my nomination. I appreciate
the opportunity to testify before you today, and I look forward
to your questions.
[The prepared statement of Mr. Lowry follows:]
Prepared Statement of John Lowry III, Nominee for U.S. Department of
Labor, Assistant Secretary for Veterans' Employment and Training
Service
Good morning Chairman Isakson, Ranking Member Tester, and
distinguished Members of the Committee on Veterans' Affairs. Thank you
for the opportunity to testify today and for considering my nomination
to serve as the Assistant Secretary for Veterans' Employment and
Training Service, and thank you for your inspiring support of our
Veterans, transitioning servicemembers and their families. I also would
like to thank the President of the United States for nominating me and
Secretary Acosta for recommending me. And I owe a special debt of
gratitude to my wife who is with me today. She knows from personal
experience many of the challenges that our servicemember spouses face,
and I am grateful for her tremendous support both during my years in
uniform and throughout my time in the private sector.
As a veteran and as a businessman, I am passionate about the VETS
mission to prepare America's servicemembers and their spouses for
meaningful careers, to provide employment resources and expertise, to
protect their well-earned employment rights and to promote their
employment opportunities. I believe that fulfilling this mission is not
only the right thing to do for our veterans, but it is also important
for America. As somebody who has served in leadership roles in
manufacturing plants in Pennsylvania, Missouri, Wisconsin and Indiana,
I know firsthand how exceptional our veteran employees can be. As you
know, when veterans achieve their potential they are in a much better
position to provide for their families, bring value to the
organizations they serve and ultimately strengthen American
competitiveness.
My experiences as a 15 year veteran of the regular active force and
an additional 10 year veteran of the reserves (while working in the
private sector) have provided me insights on the challenges our
veterans face. My nearly two decades in the private sector also provide
insights on the challenges facing businesses, and I've seen how
veterans have helped companies meet those challenges. In my current
role as the head of the US Supply Chain and Operations practice for
Egon Zehnder (the world's largest privately held executive search and
leadership consulting firm), I am in the business of helping companies
address talent needs. I believe that all of these elements of my career
have relevance for the VETS leadership role. Also relevant, I believe,
is the great fortune I've had to work for many exceptional leaders over
the years. I like to think that their example has influenced my
leadership and management skills, and if fortunate enough to be
confirmed, I would give my all to provide capable and ethical
leadership to the VETS team as we serve this important mission for our
great country.
As you are all well aware, the screening and training one goes
through in the military, the responsibilities that servicemembers are
given at a young age and the fact that veterans spend their formative
years in a culture of accountability and mission focus, provide soft
skills to employers that are arguably unmatched by other feeder pools.
Unfortunately, however, these soft skills are often not enough to meet
the needs of today's employers. That's why, if confirmed, I would make
the ongoing apprenticeship initiative a particular priority as
apprenticeships--which I have supported during my manufacturing
career--are a particularly good tool to provide critical skills to
transitioning and transitioned servicemembers alike. So too, will
engaging employers to participate in the Hire Vets Act recognition
program be a priority. Broad participation will allow the program to
pay for itself while also promoting the many benefits of hiring
veterans. My final priority, if confirmed, would be to promote a
continuous improvement mindset at VETS whereby we think creatively on
how we can better serve our veterans and be responsible stewards of our
limited resources. To that end, I would make it a personal priority to
strengthen relationships with other governmental agencies, VSOs and
other external stakeholders who support our veterans.
In closing, if confirmed, I will work closely with you, with our
partners, stakeholders and with the dedicated VETS team to provide
transitioning servicemembers, veterans, and their families with the
best possible resources that they will need to enable their success in
today's economy. Thank you again for your dedication and commitment to
our veterans and for your consideration of my nomination. I appreciate
the opportunity to testify before you today and am happy to answer any
questions you may have.
------
[The Committee questionnaire for Presidential nominees
follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
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[A letter from the Office of Government Ethics follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
------
[Letter from John Lowry III, Nominee for U.S. Department of
Labor, Assistant Secretary for Veterans' Employment and
Training Service:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
______
Response to Prehearing Questions Submitted by Hon. Johnny Isakson to
John Lowry III, Nominee to be Assistant Secretary for Veterans'
Employment and Training
Question 1. Please state why you want to be Assistant Secretary of
Labor for Veterans' Employment and Training and what skills and
experience make you qualified for this important role?
Response. As a veteran and as a businessman, I am passionate about
the DOL-VETS mission to prepare America's veterans, servicemembers and
their spouses for meaningful careers, to provide employment resources
and expertise, to protect their employment rights and to promote their
employment opportunities. I believe that fulfilling this mission is not
only the right thing to do for our veterans, but it is also important
for America. When veterans achieve their potential they are in a much
better position to provide for their families, bring value to the
organizations they serve, and ultimately strengthen American
competitiveness.
My experiences as a 15 year veteran of the regular active force and
an additional 10 year veteran of the reserves (while working in the
private sector) have provided me insights on the challenges our
veterans face. My nearly two decades in the private sector also provide
insights on the challenges facing businesses and how veterans could
help companies meet those challenges. As somebody who has served in
leadership roles in plants in Pennsylvania, Missouri, Wisconsin and
Indiana, I know firsthand how exceptional our veteran employees can be.
Finally, in my current role as the head of the US Supply Chain and
Operations practice for Egon Zehnder (the world's largest privately
held executive search and leadership consulting firm), I am in the
business of helping companies address talent needs. I believe that all
of these elements of my career have relevance for the role. I am a
capable manager and an ethical leader, and I would give my all to serve
this important mission if fortunate enough to be confirmed.
Question 2. If confirmed, what will your priorities be?
Response. If confirmed, my priorities would align with the stated
mission of DOL-VETS and the President.
The apprenticeship initiative that is underway more broadly in the
Department of Labor is a particularly good tool to help provide
critical skills to transitioning and transitioned servicemembers alike
and will be a priority. So too, will engaging employers to participate
in the Hire Vets Act recognition program, as broad participation will
promote the many benefits of hiring veterans. I will also promote a
continuous improvement mindset at DOL-VETS, whereby we think creatively
on how we can better serve our veterans and be responsible stewards of
our limited resources. There are opportunities to better leverage
technology to expand DOL-VETS' positive impact. Related to this idea of
continuous improvement, if confirmed, I would make it a personal
priority to strengthen relationships with other governmental agencies,
Veterans Service Organizations (VSOs) and other external stakeholders
who support our veterans. By forging great working relationships and
helping to harness the collective energies of the many entities in this
space, we should be able to improve outcomes for all.
Question 3. Please describe your professional work for the last 10
years, including positions held, major job duties, operating budgets,
and number of subordinate employees and/or organizations. Also please
include any major accomplishments for each position.
Response. 2007-2011 General Manager, Harley-Davidson Vehicle
Operations, Kansas City and member of Harley-Davidson's Senior
Leadership Group. At the time Harley was a $4+ billion dollar company,
and I was responsible for approximately 40% of the company's global
vehicle production. More than 1,000 employees reported to me in my
plant. A major accomplishment on the Harley side of my responsibilities
was helping H-D recover from the economic downturn by co-authoring and
implementing a common operating system to drive continuous improvement
in manufacturing.
Until 2009, I had roughly another 1,000 Marine Corps reservists who
reported to me in my dual capacity of being the Commanding Officer of
Headquarters Battalion for the 4th Marine Division. I retired from my
reserve job in 2009 to focus on my corporate duties. The reserve units
I led were spread out from North Dakota to Louisiana and we were
rotating detachments in and out of theater to support Operation Iraqi
Freedom and Operation Enduring Freedom (OIF/OEF). 2011-2013 General
Manager, Harley-Davidson Powertrain Operations, Milwaukee and member of
Harley-Davidson's Senior Leadership Group. I led Harley's manufacturing
in the Milwaukee area where we made 95% of all engines and
transmissions produced globally. This was a vertically integrated
operation with 1,800 machine tools, more than 1,000 employees, and a
large assembly operation. A major accomplishment was driving employee
engagement. Powertrain Operations saw greater year over year engagement
score improvements (as measured by Gallup) during 2012 and 2013 than
any other plant or business function at Harley-Davidson.
2013-2015 Chief Operating Officer, Allied Recreation Group. ARG
(now known as the REV Recreation Group) was a $400 million manufacturer
of recreation vehicles produced under the American Coach, Fleetwood,
Holiday Rambler and Monaco brands. This was a private equity owned
company, and I was responsible for design, engineering, procurement,
manufacturing, quality, safety, logistics, distribution and human
resources of this 1,500 person operation. During my watch we returned
the company to profitability in year one and in year two grew EBITDA by
78%. REV is now a public company.
2016-present Consultant and Head, US Supply Chain and Operations
practice. Since February 2016, I have been with Egon Zehnder in
Chicago, the largest privately held executive search firm in the world.
Given that this is a firm with a partnership model I do not manage
employees. I do, however, collaborate with other consultants to serve
our clients and drive business. Today our firm enjoys the leading
market share in many of the markets in which we compete, and we are on
pace to have a record year in 2018.
Question 4. Considering your experience working in the private
sector and your own transition out of the military, what are the most
significant challenges facing transitioning servicemembers, veterans,
and employers in terms of veterans employment and overall economic
success?
Response. The biggest challenge for the transitioning servicemember
is overcoming the general lack of understanding of how to pick and
pursue the right path for their civilian careers. This challenge is
compounded by the fact that while they are still in and approaching
their transition, none of their Staff NCO and Officer leaders have been
through the transition themselves, so their mentors are not in a
position to provide personal insights. This is the challenge that TAP
is trying to address.
Part of pursuing the right path is understanding one's skills gaps.
This is not an easy thing to do when the servicemember doesn't have a
great understanding of the requirements in the private sector. In my
own case, I decided that I should go to business school immediately
after active duty to learn some of the mechanical aspects of business.
In order to get into business school, I had to take the GMAT and submit
my application in the fall preceding the academic year I would start.
This meant that my transition effort began a year and a half before my
resignation. Business school will not be the right path for everybody.
There are other ways to close the skills gap. Apprenticeships are a
great example. All of these gap closure measures, however, take time,
and the earlier a servicemember can start thinking about their
transition, the better the outcome will be.
On the employer side, the same can be said about a ``general lack
of understanding'' being the biggest challenge. Although I think this
is beginning to change, for many years the vast majority of employers
didn't understand what a veteran can bring to a business to help that
company be successful. The screening and training one goes through in
the military, the responsibilities that servicemembers are given, and
the fact that veterans spend their formative years in a culture of
accountability and mission focus provide soft skills to employers that
are arguably unmatched by other feeder pools. As more employers realize
the benefits that veterans bring and understand the avenues by which
they can hire more veterans, businesses will be that much stronger.
VETS plays an important role in addressing all of these challenges.
Question 5. What is the role and responsibility of the Federal
Government to support veteran job seekers and employers, and where do
you see the Department of Labor's Veterans' Employment and Training
Service (DOL-VETS) fitting into that role? Are there other Federal
agencies that provide key functions to support veterans' economic
success?
Response. The U.S. Government has a vested interest in supporting
veterans in their efforts to find meaningful employment. The military's
ability to continue to find volunteers to join will be enhanced if part
of the ``sales pitch'' to would-be recruits is that on the back end of
their service they will be able to leverage their military experiences
to build a successful civilian career. Conversely, if this is not the
case because we have not assisted our servicemembers during their
transitions (or assisted unemployed veterans) our recruiting efforts
will be that much harder. A fully employed veteran population also
drives economic growth and helps reduce the burden of paying
unemployment benefits.
VETS, as the recognized focal point within the U.S. Government for
veteran employment, plays a critical role in helping achieve synergies.
In the parlance of our military, a well synchronized inter-agency
effort to support our veterans can be a ``force multiplier.''
Question 6. What role do state and local entities play in
supporting veterans transitioning out of the military and seeking
employment? How do you see DOL-VETS interacting with these entities to
carry out its mission?
Response. State and local entities play a critical role because
they are the ones in the field who have the most contact with our
veterans. DOL funds and partners with the state workforce agencies who
manage the network of 2414 American Job Centers (AJC) nationwide that
served more than 850,000 veterans last year. DOL-VETS administers the
Jobs for Veterans State Grant program (JVSG) which provides funding for
Disabled Veterans' Outreach Program (DVOP) specialists and Local
Veterans' Employment Representatives (LVER) staff located in AJCs and
other locations. As the administrator of the JVSG program, DOL-VETS has
a responsibility to ensure that resources are used wisely to deliver
improved outcomes. To fulfill that responsibility DOL-VETS must have an
open channel of communication with state and local entities.
Question 7. Veterans homelessness has declined by 45 percent since
2009, though the number of homeless veterans slightly increased in
2017. What is your perspective on DOL-VETS' role in addressing and
preventing homelessness through programs such as the Homeless Veterans'
Reintegration Program?
Response. I believe that DOL-VETS has a role to play in addressing
the issue of veteran homelessness as homelessness often correlates to
and is an outcome of unemployment. The Homeless Veterans' Reintegration
Program provides employment and training services to homeless veterans
equipping them with the skills to gain meaningful work. DOL-VETs also
participates on the Interagency Council on Homelessness and if
confirmed, I would support DOL-VETS continued engagement in this
effort.
Question 8. Your questionnaire indicated that you were deployed as
a Marine Corps reservist. Please describe any challenges you or your
employer faced, as well as any lessons learned, and how that will
inform your oversight of the Uniformed Services Employment and
Reemployment Rights Act (USERRA) if you are confirmed as Assistant
Secretary?
Response. The biggest challenge that my employer faced while I was
deployed was that they suddenly had a hole in their organization that
they hadn't planned on, and it needed to be filled in my absence. I
don't believe there were any lessons learned on the company side from
my activation. Harley-Davidson (my employer at the time) was well
versed in their USERRA obligations and went above and beyond their
legal obligations to support me. While deployed, they made me whole for
the difference between my military base pay and Harley-Davidson salary,
and upon my return I was actually promoted into a larger, more highly
compensated position. Harley has received ESGR recognition, and the
company is a good example of an employer who supports their employees
who serve in the Guard and Reserve. Unfortunately, not every employer
has this record.
If confirmed, my oversight of USERRA will be informed by my
experiences as both an employer who has supervised mobilized employees
and as a reservist who has mobilized reservists and educated them on
their employment rights under the act. I have had Marines in my reserve
units encounter USERRA abuses, and I understand the impact. If
confirmed, I would be committed to the efficient administration,
informed interpretation and timely enforcement of this important law.
Question 9. DOL-VETS is part of an interagency team responsible for
assisting servicemembers in transitioning out of the military. Please
describe what you think are the key resources and areas of expertise
that DOL contributes to this interagency team.
Response. I believe that the interagency team comprised of
representatives from DOL-VETS, DOD, VA, DoEd, SBA as well as
representatives from the military services is an important vehicle to
improve the delivery, enhance the curriculum and better understand the
efficacy of TAP. The key expertise that DOL-VETS bring is the insights
obtained from being out in the field. Of all of the members on this
interagency team DOL-VETS is in the best position to understand the
needs of employers and what skills gaps exist. As an entity within the
Department of Labor, DOL-VETS is uniquely positioned to bring to bear
relevant resources that reside within DOL more broadly, particularly
those within the Employment and Training Administration. Helping
transitioning servicemembers gain access to apprenticeships so that
they can take a running start at their next career is a good example of
the kind of expertise and resources DOL-VETS can provide.
Question 10. Congress relies on the expertise of the professionals
who deliver Federal programs when it drafts and considers new laws.
DOL-VETS has testified before Congress about proposed changes to laws
governing transition assistance, USERRA, the Homeless Veterans
Reintegration Programs, and the Jobs for Veterans State Grant program.
Do you think it is important for DOL-VETS to engage with Congress on
these topics and provide testimony on proposed changes when asked?
Response. Yes, I believe it is important that DOL-VETS engage with
Congress on these topics and provide testimony on proposed changes when
asked.
______
Response to Prehearing Questions Submitted by Hon. Jon Tester to John
Lowry III, Nominee to be Assistant Secretary for Veterans' Employment
and Training
Pre-Hearing Questions for the Record Nomination Hearing of John Lowry
III to be Assistant Secretary for Veterans' Employment and Training
Department of Labor
Question 11. Have you and Secretary Acosta discussed the duties and
the role you would assume as Assistant Secretary for Veterans'
Employment and Training if you are confirmed? If so, what specific
areas of the job were discussed?
Response. Yes, Secretary Acosta discussed the duties of the role.
He emphasized the importance of forging good working relationships with
interagency stakeholders to deliver the best outcomes for our
transitioning servicemembers and their spouses and veterans. He is
particularly interested in making sure that efforts are coordinated and
mutually supportive.
Question 12. 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? How would you address
instances where your vision and the White Houses' are not aligned?
Response. If confirmed, I see my role as delivering on the DOL-VETS
mission, and doing so in a manner that is aligned with Secretary
Acosta's and the Administration's direction. My decades of military
service and experience in business have taught me that I have an
obligation to support my boss and part of that support is having the
courage to speak up if I have a differing view. Sometimes that
differing view will alter the direction and sometimes it won't, but I
would be doing the Secretary and the Administration a disservice if I
withheld my perspective if it was not entirely aligned.
Question 13. Are there any specific problems or challenges that you
have already identified that you would like to tackle in this new
position? If confirmed, what would you most like to accomplish in your
new position?
Response. Not having served in DOL-VETS before, I do not have a
sufficiently informed perspective to answer the first question.
Experience has taught me that all organizations have room to improve,
so if confirmed, I will be most interested in identifying and
addressing the problems and challenges which undoubtedly exist. My
objectives, if confirmed, are realizing improved and measureable
outcomes for our veterans and their families and to have a positive
impact on the culture of DOL-VETS that would endure beyond my tenure.
Question 14. How would you describe your management style and how
is it suited to this particular position?
Response. I aspire to be a servant leader. I want to remove the
barriers that are getting in the way of my team being able to
accomplish their mission. The people in any organization who are
closest to the customer are the ones who drive the most value, so it is
up to people in leadership roles to support them in that pursuit. Being
a servant leader, however, does not mean you don't hold people
accountable or that you forego a leader's responsibility to set the
tone and direction for the organization. I think the most influential
tool a leader has is the power of his or her personal example. As such,
I hold myself and those around me to high standards. I also believe
that leaders should be visible and approachable. I try to be a good
listener and I understand that good ideas can come from anywhere
particularly when the leader has established an engaged and high-trust
culture. Having had the privilege of leading a number of different
teams over the years, I have found this approach to me effective and I
suspect, if confirmed, it would be effective at DOL-VETS as well.
Question 15. What in your experience do you believe contributes to
your qualifications for this new position?
Response. My experiences as a 15 year veteran of the regular active
force and an additional 10 year veteran of the reserves (while working
in the private sector) have provided me insights on the challenges our
veterans face. My nearly two decades in the private sector also provide
insights on the challenges facing businesses and how veterans could
help companies meet those challenges. Finally, in my current role as
the head of the US Supply Chain and Operations practice for Egon
Zehnder (the world's largest privately held executive search and
leadership consulting firm), I am in the business of helping companies
address talent needs. I believe that all of these elements of my career
have relevance for the role. I am capable manager and an ethical
leader, and I would give me all to serve this important mission if
fortunate enough to be confirmed.
Question 16. There are reports that the Administration has ordered
agencies to not provide responses to Democrats' information requests.
If you were to receive such an order, what would you do? Have you
participated in or been aware of any communications where this topic
was discussed? Please provide details on the participants in this
discussion, the substance of the discussion, and any outcomes.
Response. Secretary Acosta has consistently instructed his staff to
respond to all Members of Congress and if confirmed, I would comply
completely with that directive.
Question 17. Please describe your past Veterans Service
Organizations and Military Service Organizations interactions. Please
give specific examples of how you anticipate involving the VSOs and
MSOs if confirmed.
Response. I have maintained an active membership of the Veterans of
Foreign Wars since 1996 and of the American Legion since 2001. I am a
Life Member of both organizations. I appreciate what the VSOs and MSOs
do for our veterans, and if confirmed, would continue DOL-VETS
tradition of engaging with these important organizations. DOL-VETS
participates in quarterly meetings with the ``Big 6 VSOs.'' I believe
these meetings provide a great opportunity for DOL-VETS to better
understand the needs of the veteran community and coordinate our
support efforts where it makes sense.
Question 18. Have you ever been the subject of or potential suspect
in an Inspector General investigation or review? If yes, please
describe the circumstances surrounding such investigation or review.
Response. I have not been the subject of nor a potential suspect in
an Inspector General investigation or review.
Question 19. I believe much can be done to improve the coordination
and cooperation between VA and DOL. What thoughts do you have as to how
this might be achieved?
Response. The most important thing that can be done to improve
coordination and cooperation between the VA and DOL is for the
organizations to have an open channel of communication and a good
working relationship on an ongoing basis. The tone is set from the top,
and if confirmed, I would make it a priority to forge a positive
working relationship with the VA in order that the two agencies can
better coordinate efforts to support veterans.
Question 20. How do you believe special hiring authorities--for
example, veterans' preference, might be promoted to increase the
employment of veterans across all Federal agencies?
Response. Whether it be veterans' preference or the military spouse
executive order, I believe that awareness of the various hiring
authorities is key to enabling the authorities to achieve their
objectives. DOL-VETS can help promote awareness when investigating
Veterans Employment Opportunities Act compliance complaints. DOL-VETS
can also educate veterans and transitioning servicemembers about the
hiring preferences which they and their spouses have earned. Again,
broader awareness of these authorities both on the Federal hiring side
and on the veteran side should increase the employment of veterans
across all Federal agencies.
Question 21. How do you plan to use your role to enhance employment
opportunities for homeless veterans?
Response. If confirmed, I would continue DOL-VETs engagement with
Federal partners to address veteran homelessness across the country.
Additionally, under the authorities of the Homeless Veterans
Reintegration Program (HVRP), I would continue to forge partnerships
with third party entities who are addressing the critical issue of
veteran homelessness. I would seek to understand the root causes of the
issue and advocate for programs and ideas that will promote an end to
veteran homelessness.
Question 22. What role should VETS play in the effort to collect,
aggregate, share, and leverage data to inform the employment situation
of veterans for government and public consumption?
Response. As the focal point for veteran employment within the USG,
I believe that DOL-VETS has a role to play in the effort to collect,
aggregate, share, and leverage data to inform the employment situation
of veterans for government and public consumption. At this point, I do
not have a deep enough understanding of what that exact role should be,
but if confirmed, I would engage on this issue.
Question 23. Do you believe DOL is doing enough to ensure that all
Federal agencies are delivering a consistent message to transitioning
servicemembers, veterans, and their families regarding the services and
resource available to support employment? How would you ensure that
they are?
Response. DOL-VETS membership on the interagency team that
coordinates the Transition Assistance Program puts DOL in a good
position to help drive a consistent message to transitioning
servicemembers. It is an open question in my mind if transitioning
servicemembers and veterans are hearing a consistent message. If
confirmed, I would look into this question. If I discovered that
messaging was not consistent I would engage the proper stakeholders
elsewhere in government and work with them to resolve any
inconsistency.
Question 24. What new initiatives do you plan to implement at DOL
VETS if confirmed?
Response. If confirmed, I would like to instill a continuous
improvement culture at DOL-VETS whereby the agency is able to deliver
better outcomes with the same level of resources. By identifying and
eliminating waste DOL-VETS will be able to increase its capacity to
serve veterans. I am particularly interested in how DOL-VETS might make
greater use of technology in support of the mission.
Question 25. VA and DOL ``own'' different portions of the military
to civilian employment transition. Explain how the Agencies might
better work together. Do you believe that different functions being
housed at different Agencies is best for veterans? Do you anticipate
advocating for any changes in this regard?
Response. In my mind, the division of effort between the VA and
DOL-VETS makes sense, and so long as the two agencies coordinate with
each other the disparate ``ownership'' should not have a negative
impact on the transitioning servicemember and spouse. At this point, I
do not know enough to say whether or not I would advocate for
realignment of responsibilities, but in general, I believe that DOL-
VETS should be the focal point for employment related matters and the
VA should be the focal point for benefits because that aligns with the
respective expertise of the two agencies. If confirmed, I would work
closely with the VA to ensure that our transitioning servicemembers
receive the support they need to enable a smooth transition.
Question 26. The Vocational Rehabilitation and Employment program
is a VA run program designed to help veterans with job training,
employment accommodations, resume development, and job seeking skills.
What role do you think DOL should play in the administration of this
program?
Response. It is my understanding that there are aspects of the VR&E
program with which DOL-VETS can and does assist. If confirmed, I would
ensure that DOL-VETS continues to play a role in identifying and
referring veterans who would qualify for VR&E benefits.
Question 27. Local Veterans Employment Representatives (LVERs) and
Disabled Veterans Outreach Program specialists (DVOPs) currently track
three measures for veterans and spouses that utilize their services.
Those measurements are the Entered Employment Rate, the Employment
Retention Rate, and the Six Month Average Earnings. In addition to
these three outcomes, which others should DVOPs and LVERs be tracking,
and how do you think those measurements should be attained?
If confirmed, I look forward to taking a closer look at this issue.
Question 28. What improvements could be made to the DVOP and LVER
programs? Do you foresee making recommendations for changes to the Jobs
for Veterans State Grants program that provides funding for the states
to maintain those positions at American Job Centers?
Response. I am not sufficiently knowledgeable about the efficacy of
the programs to make any specific change recommendations, but if
confirmed, I will review the programs' inputs and outcomes and be open
to improvement ideas.
Question 29. Last year DOL met with the Employer Support of the
Guard and Reserve (ESGR) Communications Team and identified
opportunities for collaborating communications messaging to the
reserve/guard community. How will DOL specifically improve its
communications with ESGR and the reserve/guard community?
Response. I am not familiar with what was discussed during last
year's meeting between DOL and ESGR, so I cannot provide any insight
into how the two organizations have agreed to collaborate. That said, I
know firsthand the critical role ESGR plays to avert USERRA violations,
so I am encouraged that DOL and ESGR have an open dialog. If confirmed,
I would continue that dialog and explore ways to partner in pursuit of
our respective missions.
Question 30. Jobs for Veterans State Grants, which provide funding
for states to hire DVOPs and LVERs, are based primarily on a state's
population without any consideration of the size of the state. For
large rural states, this has been a significant problem. Success has
been impaired because there are far too few individuals expected to
provide personalized assistance to veterans or to build relationships
with local employers. How can you move these programs away from one-
size-fits-all policies that do not serve the best interests of
veterans, particularly those in rural areas?
Response. If confirmed, I would want to look into this issue as one
size does not appear to fit all. I am sensitive, however, to the fact
that the distribution of these funds are left to the discretion of each
state. I would be interested in understanding if there are technology
or partnership solutions that could improve our ability to provide for
our veterans in rural areas. I would also explore ways to leverage DOL-
VETS relationships with senior leaders in large companies that may have
sites in rural areas.
Question 31. How can VETS better support Native American veterans?
Response. If confirmed, I look forward to being briefed on DOL-VETS
existing programs and partnerships with Native American veterans and
working with the President and Congress to better support the Native
American veteran community. I would also be interested in engaging VSOs
like the Native American Veterans Association that have special
insights into the needs of Native American veterans.
______
Response to Posthearing Questions Submitted by Hon. Joe Manchin III to
John Lowry III, Nominee to be Assistant Secretary for Veterans'
Employment and Training
Question 1. While the national veterans' unemployment rate is down
to 3.4%, West Virginia's veterans' unemployment rate remains at 5.1%.
a. How do you plan to continue to drive down the rates of veterans'
unemployment, particularly those areas with higher unemployment rates
and rural areas?
Response. There are over six million open jobs currently in our
Nation. Every veteran who wants a job should have an opportunity to
work. Thus, as stated in my confirmation hearing, I see engaging
employers and promoting opportunities for veteran employment as a
critical role. It's one of the four pillars of the mission and if
confirmed would be one of my top priorities.
Additionally, I would bring the full force of Department of Labor
Veterans' Employment and Training Service (VETS) and agencies within
the Department of Labor (DOL) to bear to address rural veteran
unemployment.
Within the last fiscal year, VETS referred nearly 100 companies to
the DOL Office of Apprenticeship for certification. Once approved,
businesses can offer a veteran an opportunity to learn critical skills
while receiving the housing portion of their GI Bill. Research shows
that when completed, a veteran on average will make $60,000 a year
about par with their counterpart who attended a four year college. I
would advocate for greater use of this program.
Also, VETS funds and administers the Jobs for Veterans State Grants
(JVSG) program which provides funding to states for Disabled Veterans'
Outreach Program (DVOP) specialists and Local Veterans' Employment
Representative (LVER) staff. DVOP specialists provide intensive
services to veterans, prioritizing service to disabled veterans. LVER
staff promote hiring veterans in communities through outreach
activities with local employers. While I am sensitive to the fact that
States have discretion on how the JVSG funds are spent, I believe VETS
has a critical partnership role to play with the States as we seek
better outcomes for veterans in rural areas. If confirmed, I would also
explore if there are ways to leverage technology to provide better
service to rural areas.
I pledge to look for ways to measure the effectiveness of these
efforts and work with you on state targets that create realistic yet
challenging goals to reduce veteran unemployment in West Virginia.
b. If confirmed, will you come to West Virginia to see, first-hand,
our employment programs and challenges?
Response. Yes, absolutely I would welcome an opportunity to visit
West Virginia to see first-hand the employment challenges faced by
veterans in your state.
Question 2. Regional hiring events are critical for reaching
veterans who may not be able to travel to an American Job Center. How
does VETS coordinate with communities to ensure they are reaching the
maximum number of local businesses, hiring centers and veterans?
Response. One of the four pillars of VETS is to promote the
Department's efforts to conduct employer outreach, intra/inter-agency
coordination, and stakeholder outreach.
VETS conducts engagements with Federal, state, and local
governments; private sector employers and trade associations;
institutions of higher learning; non-profit organizations; and Veteran
Service Organizations to establish and develop a network that enables
servicemembers, veterans, and their families to successfully integrate
into their communities.
Additionally, VETS initiated a regional engagement and integration
strategy by staffing a Regional Outreach Specialist within each of the
six Regional Offices nationwide. They work to provide a valuable bridge
between national and regional employers, who are eager to commit to
hiring veterans, and workforce development staff at the American Job
Centers, who are tasked with building local employer relationships and
assisting in entering gainful employment.
Question 3. As a component of the Transition Assistance Program,
the Department of Labor provides a mandatory three-day employment
workshop and an optional two-day Career Technical Training Track
curriculum. How does VETS review these courses to account for input
from employers, veteran service organizations and other stakeholders to
address the skills gaps that hinder veteran employment?
Response. The curricula of the three day Department of Labor
Employment Workshop (DOLEW) and the additional two day Career Technical
Training Track (CTTT) are vital to the employment success of the
transitioning servicemember (TSMs). I understand that VETS recently
completed an in-depth review and revision of both DOLEW and CTTT
curricula. VETS engaged over 40 stakeholders and Veteran Service
Organizations such as Hiring Our Heroes, Veterans of Foreign Wars, and
the American Legion in the review process.
The new curricula was piloted in FY 2018 with full implementation
expected in FY 2019. If confirmed, I would work closely with TAP
partner agencies on the TAP Curriculum Working Group to ensure training
reflects industry best practices and meets the needs of transitioning
servicemembers as well as employers.
VETS also receives post DOLEW and CTTT survey data from its
Department of Defense partners which provides insights into how useful
servicemembers find the courses.
Chairman Isakson. We welcome you and thank you, and
congratulations on your nomination.
Let me ask you to begin with--are you familiar with the
USERRA law, the Uniform Services Employment and Reemployment
Rights Act?
Mr. Lowry. Yes, Senator, I am.
Chairman Isakson [continuing]. And, the tremendous
challenge that has, particularly for our soldiers and the
effects it has when they are deployed, go overseas--the
Guardsmen and Reservists--and then come back to make sure their
rights and their jobs are protected? Do you have any comments
you would like to make about USERRA and its enforcement?
Mr. Lowry. Yes, sir. As both an employer of Guardsmen and
Reservists who have mobilized, as someone who has mobilized
himself, and also as a commander of two battalions and the
Reserves, where we were sending companies, rotating in and out
of theater, supporting Operations Enduring Freedom and Iraqi
Freedom, I probably learned more than I wanted to know about
USERRA.
It is those times when you have those USERRA violations
that causes you to understand what the law says and make sure
that we are--that they are being enforced.
So, I have been an advocate for reservists. I would like to
think I have been a responsible employer when I was on the
employer side, and I think that protecting those well-earned
rights are a critical part of this mission and one that I take
very seriously, sir.
Chairman Isakson. Well, no doubt, because we are dependent,
so dependent on Guard and Reserve for first line of defense,
and the transition we went through under Rumsfeld, they are now
just as important as the enlisted man and the regular Army,
regular Navy or Air Force, and it is important that they have
some degree of help and assurance when they leave their
temporary employment or under deployment, to come back to the
job, that that job is still there, their family was watched
after while they are gone. I think it is important to always
raise the visibility, that responsibility to those employers as
they employ those people and also make sure that we get every
one of them educated, to be sure they follow through on that
and that representation.
Harley-Davidson obviously manufactures motorcycles.
Obviously, the STEM subjects in the school systems are the most
important subjects employers look for today, and Home Depot
from my State and a Georgia company is one of the largest
employers of veterans of any company in the United States of
America.
What do you see in your role as a promoter of companies
being more aggressive in terms of hiring vets when they leave
the military, whether Reserve or whether active duty.
Mr. Lowry. Thank you for your question, Senator.
I see promoting the opportunities for veteran employment as
a critical role. It is one of the four pillars of the mission,
and that is why one of my priorities is going to be engaging
employers, getting them enrolled in the medallion recognition
program, to hire more vets, retain them, and put them on the
trajectory that they are going to need to be successful. But, I
see this is a critical role for the job and one where I would
personally engage in and advocate for them.
Chairman Isakson. Good.
Senator Young, you are free to leave, if you need to.
Senator Young. Thank you for your courtesy, Mr. Chairman.
Chairman Isakson. I did not know if you needed to be
dismissed or not. You are kind of a military guy, so I want to
make sure I gave you the permission.
Senator Young. Thank you. [Laughter.]
Chairman Isakson. Well, thank you, and thank you for your
kind introduction.
Senator Tester.
Senator Tester. Thank you, Mr. Chairman, and once again,
thank you, Mr. Lowry, for your willingness to serve and serve
our veterans in particular.
I had talked about how the grant program is not working
well in Montana, but I have got a notion, anybody from a rural
State or anybody from a rural area in a State could say the
same thing.
I would ask that within the first 3 months of your
confirmation if you would commit to providing this Committee
with a review of the criteria of deployment of jobs for this
Veterans State grant program, and I would say that in that
review would be a discussion of whether rural and frontier
States are being adequately served.
And, I think we would--now, if in fact you are up to this
review, which I think is critically important to be able to get
your feet on the ground and move forward in a direction that
works for our veterans in both rural and urban areas as far as
that goes, whether any of the recommended modifications you
could do by rule or we need to do by an act of Congress.
Let me give you an example. Should we be looking at the
number of veterans in a State only, or should we also be taking
into consideration the service area, the geography, so to
speak, that each one of these job counselors have?
So, does that seem like a reasonable request to you?
Mr. Lowry. Yes, Senator, it does, and apparently, one size
is not fitting all here, and I think that it would be important
for me just doing my due diligence of understanding the role to
be looking into the efficacy of this and other programs.
Senator Tester. Well, I appreciate that. I think it could
make what is meant to be a good program truly a real good
program for everybody.
I would also mention that Native American vets serve in our
armed services at a higher rate than any other minority, but as
these veterans return home and they seek assistance that they
are entitled, veteran services and benefits can fall short
across the board. Oftentimes, they are less adequate than those
that are provided to the non-Native counterparts.
Tribal lands and reservations in Montana are rural, very
rural, with limited economic opportunity or development, which
can increase barriers absolutely for jobs. So, for a Native vet
returning home, this can make getting a roof over his head
particularly challenging.
So, I guess the question is, are you willing to expand
collaborations with our Native American communities to try to
get their input and their expertise to add to your expertise to
try to solve this problem?
Mr. Lowry. Thank you for your question, Senator.
Yes. If confirmed, I would seek to do that, and I would
seek to do that in partnership with--I know the Veterans
Affairs has formal relationships with some of the Native
communities as well as there is VSOs, as you know----
Senator Tester. Yes.
Mr. Lowry [continuing]. That are also focused on supporting
that group and I think strengthening those partnerships and
being an active listener to understand what their particular
needs are.
Senator Tester. So, once again, would you commit to
providing this Committee--and I do not think we have ever asked
for this--with a focused outreach plan for Indian Country, for
Native American communities specifically on Tribal lands in
order to make sure that the vets are getting the services that
you can offer them?
Mr. Lowry. Senator, I would commit to understanding this
issue, and I am afraid at this juncture, I am not sure I know
enough to know what a plan might look like, but I would
certainly----
Senator Tester. No, look, I think it is going to take time
because it is a different population, quite frankly, with
different challenges, the same way that inner city may have a
different population with different challenges, more emphasis
on different challenges because they are all vets.
Mr. Lowry. Yes, sir.
Senator Tester. So, if there is some way that--and I would
be more than happy to help you, and I know there are other
members in the Senate that would be more than happy to help you
that particularly serve on the Indian Affairs Committee that
will encourage you to do consultations with the Tribes and find
out what can be done.
I would tell you what I have found in Indian Country is
that we can put forth all the policies in the world, but the
suggestions that come from Indian Country, from the ground, if
we can take those and make them work, they are much more
effective.
And, I think that is also very true when it comes to our
veteran population.
I do not mean to give a speech, but thank you, Mr. Lowry. I
appreciate your willingness to serve and appreciate you being
here today.
Thank you, Mr. Chairman.
Chairman Isakson. Thank you, Senator Tester.
HON. BILL CASSIDY, U.S. SENATOR FROM LOUISIANA
Senator Cassidy. Hello, Mr. Lowry. Again, thank you for
your forgoing a lot of opportunity in order to serve veterans.
I thank you for that.
My staff and I have been looking at veteran suicide rates,
and there are some things that were counterintuitive to me. It
turns out those who were never deployed were more likely to die
by suicide than those who had been deployed. I would not have
thought that. So, it is not PTSD, per se, and I wonder if it is
not just the same as suicide among the nonveteran population.
I am giving a little bit of a preamble, and you will see
why in a second. The data shows that life stressors predictably
can bring on suicide: loss of a job; loss of housing; a
marriage that does not do well because of financial stress.
Now, our government--I imagine when you are in your
private-sector firms, the silos are consciously broke down,
whereas here, it seems as though they are consciously erected.
And, there is a Veterans Office of Suicide Prevention, and you
are the ones providing the transition assistance.
The other thing I learned is that the suicide rate is
highest for those separated from 3 months to 12 months, one and
a half times more, and there is also an increased rate for
those who are out for 3 months and less. But, the peak is from
3 months--so it is that transition assistance who you are going
to be pivotal on, if you are with me.
So, your thoughts about that, and what do you see about the
opportunities to work with the Veterans Affairs Office of
Suicide Prevention to give us a better idea of what is going
on?
I did not know this until my staff began to educate me, but
I suspect my colleagues would like to know this information, as
well. Your thoughts on that?
Mr. Lowry. Thank you, Senator. I appreciate the question.
I was not aware of that really compelling statistic on why
it is so important that we get the transitions right, and I do
know there is a correlation between job loss and suicide. So,
to the extent that, if confirmed, I can enable not only a
smooth transition, but a transition that has a trajectory and
has stability and long-term prospects for our veterans and
their families, I think it would make a difference in this
issue.
With respect to your observation around silos, I see the
VETS playing a focal role on veterans employment and those
transition issues, but we obviously partner in a number of
other agencies--the Veterans' Affairs, Small Business Bureau,
Department of Education. I know you know the whole laundry
list, Senator. I would commit to being an active and able
partner so that we can--not only across the interagency, but
also external stakeholders, so we can harness the collective
energies of a lot of entities that want to eradicate and fix
this problem. But, I see that this would be a critical part of
my mandate.
Senator Cassidy. I do too. And, I think partly that we need
creative thinking. Where can we get the data that is pertaining
to transition housing to, again, integrate with that which is
in the veterans--and several of us are on the Health,
Education, and Labor Committee, so, believe me, we would cover
your back on that.
But, I think what we need is a creative way to look at the
data. For those people who are going through the transition
program now, those are the ones who have an increased rate of
suicide within the first year.
So, if we know financial stressors are part of it, I almost
say that what we are currently doing may not be effective to
the degree it needs to be and to the degree the life's
financial stressors contribute to suicide.
Are you with me?
Mr. Lowry. Yes, sir. I believe that is a very logical
conclusion.
Senator Cassidy. And, frankly, I am not blaming anybody
because it is only because of I have enterprising staff folks
that we are kind of overturning these relationships. So, I
think what we would appreciate is a fresh look at this and
maybe a retooling of the program, not only to have a transition
seminar when folks are leaving the service, but rather to have
a follow-up. Do you see where I am going with that?
Mr. Lowry. Yes, sir, absolutely.
Senator Cassidy. I appreciate your service, and I look
forward to working with you on this issue. I just thank you for
the life's experience that you are bringing to it, so thank
you.
Mr. Lowry. Thank you, Senator.
Chairman Isakson. Thank you, Senator Cassidy.
Senator Hirono.
HON. MAZIE K. HIRONO, U.S. SENATOR FROM HAWAII
Senator Hirono. Thank you, Mr. Chairman.
Thank you, Mr. Lowry, for your service.
I ask this question of every nominee who comes before any
of the Committees I sit on to ensure the fitness of the
nominees for their appointed positions.
So, I am going to ask you the following two questions as a
start. Since you became a legal adult, have you ever made
unwanted requests for sexual favors or committed any verbal or
physical harassment or assault of a sexual nature?
Mr. Lowry. No, Senator, I have not.
Senator Hirono. Have you ever faced discipline or entered
into a settlement related to this kind of conduct?
Mr. Lowry. No, Senator, I have not.
Senator Hirono. Thank you.
As Assistant Secretary for Veterans' Employment, you will
be managing homeless veteran employment programs such as the
Homeless Veteran Reintegration Program, HVRP, and HVRP provides
funding for grantees to assist homeless veterans to find jobs
and/or training.
So, what are your thoughts on ways we can improve these
programs? How can we continue the progress we have made in
reducing veteran homelessness--estimated at around a 47 percent
decline since 2010--which is really important? Which, as we
were talking about, the indicators that lead to suicide,
certainly homelessness and lack of jobs are two of them.
So, how can we improve the transition process to civilian
life to prevent homelessness? What can you do? What are your
thoughts?
Mr. Lowry. Thank you, Senator, for your question.
What I can do is make sure that we are doing a better job
transitioning our servicemembers into the civilian sector, so
that some of the stressors that Senator Cassidy had mentioned
are not as prevalent.
I also know that VETS sits on the Interagency Task Force on
Homelessness, and I think we would have a critical role to
play--or do have a critical role, and if confirmed, I would
engage in that task force, but specifically focused on the
employment side of the problem.
I also understand that homelessness issues, the drivers of
them vary quite a bit from location to location. I do not know
enough about this juncture on what the data would tell me as to
what those drivers are, but I believe that it is very important
that we direct some of those funds and partner with people that
are in the local areas to help address the homelessness where
it is happening. I am fully committed to the goal of
eliminating homelessness, not just for veterans, but for all
people.
Senator Hirono. Well, certainly for the veteran population
because there are many special programs that we have put in
place in Congress to help veterans, various centers and all
that, and I think that as our service people transition from
active to veteran status, that transition period is really
important. And, I know we can do a heck of a lot more to make
that transition seamless.
So, one of the things that I hear from veterans at all
levels is that they do not get enough information about what
kind of services, what kind of programs are available to them.
So, if confirmed, what would you tell the local Department of
Labor offices in Honolulu as well as across the country to
promote more effective outreach and information to the
veterans?
Mr. Lowry. Thank you, Senator.
If confirmed, I would definitely want to spend quite a bit
of time understanding how those local veteran employment
representatives are messaging and getting the information out
to the veterans.
I also think that ahead of the transition, while there is
still--while the service people are still in uniform, there is
an opportunity to partner with the Department of Defense to
make sure that we are starting that messaging early.
As someone who has been a veteran, I realize that when you
are in uniform, those mentors that you have, those staff NCOs
and officers, not one of them have been through the transition
themselves. So, it is particularly important that people on the
outside get the message to them, and again, I would commit as
one of the pillars of the VETS mission to, one, understand sort
of how good or not we are, and then try to drive continuous
improvement in that.
Senator Hirono. And, I think part of that is there are
preparatory kinds of information given to our service people
while they are still in service just prior to transitioning
out, and they are inundated with a lot of information that does
not necessarily stick.
I think that it is very important as a consideration that
some of this information is repeated to them when they reach
veteran status because they do have a lot of information.
So, I did want to mention to you that Senator Rounds and I
introduced a bill that was signed into law relating to how the
full month of post-9/11 GI benefits are used to pay for
licensing, certification, nationalization tests, and we have to
make a change in the law so that they could use only part of
their monthly pay for these purposes.
I would want to have you commit to work with us to ensure
that this particular provision--and you can familiarize
yourself with it--is implemented and communicated to the
eligible participants.
Mr. Lowry. I look forward to doing that, Senator, if
confirmed.
Senator Hirono. Thank you.
Thank you, Mr. Chairman.
Chairman Isakson. Thank you, Senator Hirono.
Senator Boozman.
HON. JOHN BOOZMAN, U.S. SENATOR FROM ARKANSAS
Senator Boozman. Thank you, Mr. Chairman, and thank you,
Mr. Lowry, for being here.
You have exactly the background I think that is needed for
the job like the one you have been nominated for. With time on
active duty and in the private sector, you understand how to
make the transition from one to the other. You have gone
through that. I think that is important.
Even more with your experience in the Reserves, you
understand the toll of balancing the lifestyle of the citizen-
soldier; in your case, a Marine. So, you know what commitments
employers make when they hire Reservists and Guardsmen, and you
know how important it is to protect these commitments.
I enjoyed getting some time to visit with you in the office
last week, and I appreciate your willingness to take on this
job that will impact the lives of veterans, their families,
companies, and our communities.
In 2017, the Arkansas' veterans unemployment rate was 4.4
percent. I am proud to say that we have great companies and
communities that support veterans, and our employment number
reflects that. It is actually lower than that now. Of course,
those numbers depend upon the resources provided to companies
and to veterans for training and development, to ready them to
fill the needs of today's workforce.
If you are confirmed for your position, you will be in a
key position to ensure those resources are well used.
In your written testimony, you identified apprenticeships
as a priority for your tenure at Labor. Can you expand a bit on
how you have seen apprenticeships work from your manufacturing
background and what you expect to do to encourage more
apprenticeships for veterans?
Mr. Lowry. Thank you, Senator. I appreciate the question.
Apprenticeships in my manufacturing background are
absolutely essential or have been for the running of a
manufacturing operation and the providing of great
opportunities for advancement of those individuals that are
able to take advantage of the program.
As you may know, Senator, the 91 percent of people that
have gone through and completed an apprenticeship, their
average wage in year one is approximately $60,000, which puts
them in, more or less, parity with what you might be able to
earn with a 4-year degree, so it is a really great way to
accelerate earnings.
And, frankly, in the manufacturing environment we live in
now, it is absolutely essential to keep the factory running
because the soft skills that that serviceman or -woman comes
out with, which are great, out of the military, are not going
to help them change that spindle on that lathe. They need the
technical skills to do that.
Senator Boozman. Very good.
Have you thought about what, if any, resources or
authorities you would anticipate needing to support the
priority?
Mr. Lowry. Well, the beauty, as I see it, of VETS being
nested inside the Department of Labor, is we have the
Employment and Training Administration, which has key resources
for us, for our apprenticeships that we can direct toward
transitioning servicemembers, veterans, and also the greater
population. I see a real opportunity to leverage those
resources inside labor and also look for partnerships that are
external to the Government.
Senator Boozman. In your testimony, you said you will focus
on strengthening relationships with other Government agencies
that support veterans. Can you talk a little bit about how you
intend to engage with the VA, the DOD, and key veteran
stakeholders like the VSOs, which I see several are represented
and always do such a good job? How can you build better
cooperation?
Mr. Lowry. Thank you, sir, for your question.
I believe that it all comes down to open lines of
communication, building trust, being visible, and I would
commit in my first 90 days on the job to figure out who those
key nodes are within the various agencies, both within the
Government, VSOs, and externally, and begin to build those
relationships where relations do not exist and where they do,
leverage them and reinforce them, sir.
Senator Boozman. Very good.
Thank you, Mr. Chairman.
Chairman Isakson. Thank you very much, Senator Boozman.
Senator Blumenthal.
HON. RICHARD BLUMENTHAL,
U.S. SENATOR FROM CONNECTICUT
Senator Blumenthal. Thanks, Mr. Chairman.
Good afternoon, Mr. Lowry, and welcome to the Committee.
Thank you for your very extensive service to our Nation, in the
Marine Corps, on active duty, and in the Reserve. We welcome
you here and congratulate you on your nomination.
I know that the Chairman has covered the USERRA Act and
that you have said you support and take USERRA seriously. There
are currently areas where USERRA perhaps should cover
discrimination and provide redress in court when it comes to
that kind of employment discrimination.
I have led the Justice for Servicemembers and Veterans Act
2017. It is bipartisan, bicameral legislation that ensures that
servicemembers and veterans employment and reemployment rights
are effectively enforced under USERRA, so that, in effect, they
have their day in court. I hope that you would support that
legislation and effectively enforce it if you are confirmed.
Mr. Lowry. Absolutely, Senator. If confirmed, I would--I
think it is very important and would be happy to support it.
Senator Blumenthal. Do you have knowledge yourself of
employment discrimination that may affect either our men and
women in uniform coming out of service or in the Reserves when
they are called up and then come back?
Mr. Lowry. I have had experience with it in the past, not
as an employer. Most of my Reserve time--all my Reserve time
was at Harley-Davidson, and that was one company that
understood and did it right. But, as a battalion commander, 1st
Battalion 24th Marines and 4th Headquarters Battalion for 4th
MARDIV, when we were rotating units and individuals in and out
of theater, too often we found violations of USERRA. So, I
became more familiar with the Act than I wished to have, but,
yes, I am familiar. I know it happens, sir.
Senator Blumenthal. Let me ask about the Career-Ready
Student Veterans Act in January 2017. As you may know, the
Department of Education published the first round of debt-to-
earnings rates under the Gainful Employment Rule, which is a
measure of how the for-profit schools are doing in their
education of veterans and others. More than 800 programs, 98
percent of them, for-profit colleges, had failing debt-to-
earnings ratio. Another 1,239 programs were on the brink of
failure.
Again, last Congress, I led a bicameral, bipartisan effort
to unanimously pass what came to known as the Miller-Blumenthal
Health Care and Benefits Improvement Act, which among other
things included the Career-Ready Student Veterans Act that
requires the VA to disapprove GI bill benefits for programs
that lack appropriate accreditation for graduations to earn
State licenses and certification.
The Career-Ready Students Act enables our veterans to
essentially get work, and I hope that you will commit to
ensuring that the VA is in compliance with that statute.
Mr. Lowry. Senator, I will be nested inside Labor. I will
not have--if confirmed, I do not think I have direct oversight,
but certainly anything that I would see or become aware of, I
would commit to making sure that that was----
Senator Blumenthal. And, I assume you agree that the VA
should not be contracting with organizations that fail those
kinds of accreditation measures?
Mr. Lowry. I would not presume to speak for the VA,
Senator, but my personal opinion, that makes sense.
Senator Blumenthal. Great. Congratulations and good luck.
Thank you.
Thank you, Mr. Chairman.
Chairman Isakson. Thank you, Senator Blumenthal.
Mr. Lowry, I appreciate your testimony and your goals and
the aspirations that you have set.
The departments of labor are sometimes misunderstood. They
are agencies of the Federal and the State government. The
Federal Government funds most of the departments of labor in
the States, but the departments of labor do most of the work,
if you follow what I am talking about.
We are at a point now, we have 3.8 percent unemployment,
according to the statisticians, in the United States. If we
have 3.8 percent unemployment, that means virtually everybody
who is employable is employed, yet we have a lot of veterans
who do not have their jobs. I think it is important to
understand your job in part is by making the veterans of the
State aware of where they can come to find a job, come to you
for a job, come to you for support and training for a job.
We fund more job training programs through the Federal
Government than the States fund in their own State. The
Workforce Innovation and Opportunity Act, WIOA, which we passed
and expanded a couple years ago, has a lot of money into it,
and the Governors now have the authority to tailor-make the
applications for those funds for purposes for training and
employment that allow you to take a segment like veterans and
appeal directly to them, so you can kind of customize your
State program.
So, I would encourage--you have been with some wonderful--
you have got three great degrees from Princeton, Harvard,
places I could not get into on a bet, and I commend you for
that. You have been in the Marine Corps. You have been with
Harley-Davidson. You have been all over the place, done a great
job, and have a great reputation.
This is your chance to shine and make us shine as well. So,
you have got the encouragement and support of this Committee
and will have it, I am sure, to help you in any way possible.
Further, I urge you to be a risk taker, be aggressive, do
whatever you can to make the assets that are available to our
veterans and our States and the assets that are available to
them through the U.S. Department of Labor aware in every
veteran's mind and every VSO and other support organizations to
know the same thing because with knowledge is power and with
power is employment and with employment is a satisfied vet.
That is what we want to have.
In the absence of any other questions, since everybody but
Richard has left me, I guess we can--I guess you dodged the big
bullet, so----
Senator Blumenthal. I am always with you, Mr. Chairman.
Chairman Isakson. He is my wingman.
We will adjourn this hearing. Congratulations on your
nomination and great to see you, Mr. Lowry.
Mr. Lowry. Thank you, Mr. Chairman.
[Whereupon, at 4:02 p.m., the Committee was adjourned.]
NOMINATION OF ROBERT L. WILKIE TO BE SECRETARY, U.S. DEPARTMENT OF
VETERANS AFFAIRS
----------
WEDNESDAY, JUNE 27, 2018
U.S. Senate,
Committee on Veterans' Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 2:27 p.m., in
room G50, Dirksen Senate Office Building, Hon. Johnny Isakson,
Chairman of the Committee, presiding.
Present: Senators Isakson, Moran, Boozman, Heller, Cassidy,
Rounds, Tillis, Sullivan, Tester, Murray, Sanders, Brown,
Blumenthal, Hirono, and Manchin.
OPENING STATEMENT OF HON. JOHNNY ISAKSON,
CHAIRMAN, U.S. SENATOR FROM GEORGIA
Chairman Isakson. I call this meeting of the Senate
Veterans' Affairs Committee together for purpose of a
confirmation hearing for the nominee for the next Secretary of
the Veterans Administration.
Before we introduce the nominee for his remarks, the
Ranking Member and I will make opening remarks, and then we
will turn it over to Senator Tillis who will officially
introduce our nominee. Then, we will go to questions and
answers after our nominee's testimony.
Yesterday in Atlanta, GA, a sad occasion and a tragedy took
place when a veteran of the United States military set himself
on fire and was severely injured near the State capitol. Being
my homestate, my home city, my country, my capitol, and a
veteran, I immediately called home to find out about the
circumstances of the situation.
I am very proud of the response that was given to him
almost instantaneously. The VA, in my conversation with them,
were doing everything they could to ascertain everything that
had led up to this incident and everything that they had done
and everything that could have been done, and I am satisfied
with the information that I have to date that their response
has been thorough and complete.
Obviously saving the veteran's life is the number 1 goal
and priority, which is in the process of being done now, and we
hope and pray that will happen.
The reason I bring it up is this. We have had a situation
here for my last 4 years here on the Committee where every
headline I ever saw about the VA was about something that
happened 5 years ago that was wrong or bad, never about
something happening now that is good. We have had so much good
stuff happen, the Chairman--myself and the Ranking Member from
Montana--that I just thought it was time to say this. We want
to make good headlines. We want to confront every tragedy when
it happens and do everything we can to put every resource
behind it and see to it that it never happens again.
We also want to uplift those in the VA that are doing so
much to make the VA a better VA today than it was in the past.
Senator Tester and I are going to work as hard as we can to see
that happens, and I am confident that Republicans and Democrats
on this Committee will do the same thing.
We have a respected, talented nominee for Secretary who you
will hear from in just a little bit. We will go through this
hearing today. Hopefully, if everything goes smooth, in the
near future, we will have a Secretary sitting on the
President's Cabinet for the Veterans Administration who will
begin building forward on the legislation this Committee has
passed in the last 2 years to make caregivers possible,
accountability possible, better health care for our veterans
possible, accessibility for veterans who live in rural,
sparsely-populated areas are cared for.
We have done a plethora of things to improve the plight,
the service, and everything we give to our veterans in terms of
VA health services. Senator Tester and I are going to see to it
that we put a cherry on top of that sundae and every day is a
good day at the VA and a better day for all the veterans of
America.
With that said, I introduce our Ranking Member, Jon Tester.
OPENING STATEMENT OF HON. JON TESTER, RANKING MEMBER, U.S.
SENATOR FROM MONTANA
Senator Tester. Well, thank you, Mr. Chairman. Our thoughts
are certainly with the family of the veterans and certainly
with the folks of Georgia and with you because what happened in
Georgia is not good news. It is not the kind of news we ever
want to hear about a veteran in this country. Just know that we
are going to continue to work together, as the Chairman said,
to make the VA all it can be, so thank you, Mr. Chairman.
Robert, it is good to see you. It is good to have you here
today. I appreciate your willingness to serve as Acting
Secretary, and I appreciate your willingness to step forward
now during what I believe are unprecedented times at the VA.
If confirmed--and you know this--you will be tasked with
ensuring that our Nation's veterans have access to timely care,
services, benefits, both housing, education, and others that
they have earned.
You will also be expected to treat every veteran,
regardless of gender, race, sexual orientation, with the
dignity and the respect that they deserve.
Today, this Committee is here to determine whether you are
the right person for the job. Every new administration brings
its own priorities and its own people to the table. That
transition period can often lead to turmoil and confusion and
can generate uncertainty inside and outside the agency, but
from my perspective, the VA has always been above that fray.
The sacred mission of serving our veterans and their
families has always transcended personal and political
agendas--or political affiliations.
Since I have been in this Committee, I have worked with Jim
Nicholson as closely as I worked with Eric Shinseki, and I also
worked with Jim Peake as closely as I worked with Bob McDonald.
Each of them were focused on how best to serve the veterans,
and they did not allow politics to get in the way of the
progress.
Recently, we have seen VA political appointees work
actively and publicly to undermine a Secretary and a Deputy
Secretary who were unanimously confirmed by the Senate.
As we speak, the Secretary and Deputy Secretary positions
are vacant within the VA, while those same political appointees
continue to collect paychecks from the VA.
We are seeing nonpartisan senior leaders and subject-matter
experts leave the VA in unprecedented numbers. Many are
concerned that the sound policies and ideas are being
increasingly marginalized at the expense of politics.
We are seeing VA implement reform after reform in a manner
that is inconsistent with congressional intent.
We are seeing political interest groups given a seat at the
table instead of veterans service organizations.
We are seeing VA leadership, none of whom have been
confirmed, lash out at anyone who is seeking true transparency.
In the last couple of weeks, the VA's official media
account has attacked news outlets as ``fake news.'' The VA's
official media account has attacked news outlets as ``fake
news,'' and the Acting Secretary has improperly claimed that
the independent Inspector General is his subordinate, which
could not be further from the truth.
I hope that you agree that this type of behavior undermines
the VA's mission, and it does a disservice to the millions of
veterans who rely upon VA services. And, I hope that everyone
at the VA who was watching last week when the Senate voted 96
to nothing to reaffirm the independence of the VA IG.
Federal agencies cannot be trusted to police themselves.
Veterans and taxpayers need to know that the VA is not above
the law.
So, Robert, I need to know that you are the guy who
understands the VA has larger challenges ahead, and I think you
do. It simply cannot afford to get weighed down by unforced
errors.
Veterans are counting on the VA to implement the MISSION
Act within the next year, and it needs to be done with more
transparency than the Accountability Act. Congress has provided
the VA ample time to roll out the MISSION Act and to get it
done and to get it done right. If it does not happen, the buck
stops with you. Congress and veterans will hold you
accountable, and I think you understand that.
I am already concerned the Department is not as ready as it
should for this monumental undertaking of the MISSION Act. For
example, VA is supposed to be contracting for Community Care
Networks that will help facilitate a veteran's access to
community care. Those dates have been pushed back multiple
times now. I am concerned about that and I hope you are, too.
We will also be accounting on you to ensure that care
inside the VA is accessible and of the highest quality.
Congress has provided the VA with tool after tool to better
carry out its mission, and by the leadership, I might say, of
Chairman Isakson, they provide those tools. But, far too often,
the VA has failed to properly utilize those tools to deliver
better outcomes for veterans. This absolutely needs to change.
I am going to be looking to you as the person who is ultimately
responsible to make this happen.
Robert, I appreciate our working relationship. As I have
told you recently, I believe you are a straight shooter, and I
think that when confronted with a decision about what is best
for veterans, you will act with the best of intentions. The
question is how that decision will ultimately be impacted by
the influence of others, whether talking about political
appointees at the VA or over at the White House.
Sooner or later, you are going to come to a crossroads with
these folks. That is what happened to David Shulkin. That is
what happened to Tom Bowman, and that is what happened to
countless other folks who are no longer with the Department.
My only advice to you is to take the cues from the
veterans, the folks that are sitting in this audience, and do
what you think is right, even if political forces threaten your
job, because I want you to succeed. I really want you to
succeed. I think the veterans across this country--in fact, I
know the veterans across this country want you to succeed too.
This post requires courage, honesty, integrity, and a
vision for the future. Leading this Nation's largest health
care system is no small task, and it depends the very best.
I look forward to our discussion today, and once again, I
want to thank you for your willingness to serve on behalf of
this Nation's veterans.
Thank you.
Chairman Isakson. Thank you, Senator Tester.
I am now going to introduce Senator Thom Tillis from North
Carolina for the purpose of introducing our nominee, after
which I will administer the oath, and then he will have his
testimony.
Senator Tillis.
INTRODUCTION BY HON. THOM TILLIS,
U.S. SENATOR FROM NORTH CAROLINA
Senator Tillis. Thank you, Mr. Chairman.
Chairman Isakson, Ranking Member Tester, and distinguished
Members of the Committee, I am proud to introduce my friend and
colleague, Robert Wilkie, as the nominee for Secretary of the
VA.
I have had the honor of working with Robert for 3 years
now. Sometimes he worked for me, and many times I worked for
him. His combination of knowledge, humor, humility, and heart
has endeared him to all of my staff and to scores of North
Carolina constituents, many of them veterans and
servicemembers.
Robert was born in Frankfurt, Germany, the son of an Army
artillery officer. He literally grew up on Fort Bragg, and he
lived most of his early life on Fort Bragg or in Fayetteville,
NC. He received his BA from Wake Forest University, his JD from
Loyola College of Law in New Orleans. He received his Master of
Laws from Georgetown University and his Masters in Strategic
Studies from the U.S. Army War College.
Robert is an intelligence officer in the U.S. Air Force
Reserves today. Previously, he served in the Atlantic
Intelligence Command and Joint Forces Intelligence Command, and
he also served in the U.S. Navy.
He has long been regarded in Washington--and been held in
high regard in Washington--especially here on Capitol Hill,
where he has developed close relationships with members on both
sides of the aisle. He has also forged an excellent working
relationship with the Committee and the Committee staff, and he
is universally recognized as a team player and a mentor.
Throughout his distinguished career in public service,
Robert has also been a trusted advisor to some of the Nation's
most respected leaders, including Condoleezza Rice, Robert
Gates, Donald Rumsfeld, and Secretary Mattis.
Frankly, given his depth of experience, I was pleasantly
surprised and very proud to have Robert accept a position with
a newly sworn-in freshman Senator. It was clear to me from the
start, he was destined to serve the Nation at a higher level.
And, last year, Robert received that call from the
administration when he was nominated to be the Under Secretary
of Defense for Personnel and Readiness. Robert demonstrated his
extraordinary skills in just a few short months. So, it was no
surprise to me that the administration identified him as the
perfect fit to become the Secretary of the VA.
When he was appointed to the acting role as VA Secretary,
he quickly worked to improve morale at the VA, earning strong
reviews and trust from VSOs and Members of Congress and the VA
staff.
He moved decisively to execute the electronic health record
project, which we all know is a critical part of the VA
transformation, and he also successfully pushed through the VA
MISSION Act to the finish line.
Robert has all the education and professional experience
required to be the Secretary of the VA. Yet, perhaps what makes
Robert best suited for the job is his lifelong experience as an
Army brat and the personal experience as the son of a gravely
wounded soldier and being a servicemember himself.
He has literally lived the experience, so I know that
Robert will bring his professional experience and his personal
insight and an intensity to the role that will serve our
veterans well.
Thank you, Mr. Chairman.
Chairman Isakson. Thank you very much, Senator Tillis.
Would you please rise, Robert, and raise your right hand to
affirm your pledge. Do you solemnly swear or affirm that the
testimony you are about to give before the U.S. Senate
Committee on Veterans' Affairs will be the truth, the whole
truth, and nothing but the truth, so help you God?
Mr. Wilkie. I do.
Chairman Isakson. Please be seated, and please introduce
your lovely wife, Julie, so that everybody can get an eye on
her.
STATEMENT OF ROBERT L. WILKIE, NOMINATED TO BE SECRETARY, U.S.
DEPARTMENT OF VETERANS AFFAIRS
Mr. Wilkie. Thank you, sir. My wife Julie is behind me. We
have known each other since we were youngsters growing up in
Fayetteville. As you know, Mr. Chairman, she has a very strong
Georgia connection. Her grandmother was from Folkston, GA, and
just----
Chairman Isakson. That is the real swamp.
Mr. Wilkie. That is the real swamp. That is right.
[Laughter.]
And, just as in 2006 and 2017, she is with me; nothing that
I have achieved would have been possible without her.
Mr. Chairman, Senator Tester, and distinguished Members of
the Committees on Veterans Affairs, this is the third time I
have appeared in the confirmation chair.
I mentioned how long I have known my wife, and one of the
aspects of our relationship in those early years is that our
high school was about three blocks away from the Fayetteville
Veterans Hospital. Every day on our way to and from high
school, we would see a sign outside the Veterans Hospital that
says that the price of freedom is visible here.
So, I am humbled today not only by the confidence placed in
me by the President of the United States and the support of our
veterans service organizations, but to be introduced by Senator
Tillis. Having grown up in the military world, he exemplifies
what all of us from that world strive to be, and that is
servant-leader.
As the Senator said, I have been privileged to experience
military life from many angles. As the son of a gravely wounded
combat soldier, as an officer, as a senior leader in the
Pentagon, including leading the reform of the Defense Health
Agency, and for 8 weeks as the Acting Secretary of the
Department of Veterans Affairs.
My modest military service was inspired by my ancestors. I
walked the field of Shiloh with my great-grandfather, Colonel
Abram Somerville. As a young captain of field artillery, he
witnessed thousands perish in a matter of minutes in the Battle
of the Meuse Argonne in 1918. In the short time that I was
privileged to know him, he impressed upon me the cost paid by
ordinary Americans caught up in the incommunicable experience
of war.
Mr. Chairman, as Senator Tillis noted, my own life changed
when my father returned from his second combat tour in Vietnam.
I was 7 when we received the word that he had been terribly
wounded. When he came home after almost a year in Army
hospitals, he weighed less than half of what he did when he
left. I watched his agonizing recovery, and that experience was
on my mind when I was asked to come to VA.
As Acting Secretary of Veterans Affairs, I visited five VA
hospitals in 8 weeks, met with the combined leadership of our
three major VA components--Benefits, Health, and Cemeteries--
and visited our Claims Processing center in Baltimore as well
as the Maryland Veterans Treatment Court. It was clear to me
that the veterans population is changing faster than we
realize. For the first time in over 40 years, half of our
veterans are now under the age of 65. Of America's 20 million
veterans, 10 percent are now women. The new generation is
computer savvy and demands 21st century service, service that
is quick, diverse, and close to home. For the VA to thrive as
an integrated health care network, it must be agile and
adaptive.
But, more importantly, as I mentioned to Senator Sanders in
our meeting last week, I experienced what can and will never be
duplicated in the private sector, and that is the communal
aspect of VAs. What does that mean? It means that when our
veterans walk into any VA facility, they converse with men and
women who speak the unique language of military service.
So, what are the priorities? First, improve the culture;
offer world class customer service. Second, improve access to
care through implementation of the MISSION Act and
transformative IT modernization, such as the Electronic Health
Records programs. Reduce the backlog of claims and payments,
and finally, business transformation including reform of our
human resources system.
Mr. Chairman, the prime directive is customer service. When
an American veteran comes to VA, it is not up to him to employ
a team of lawyers to get VA to say yes. It is up to VA to get
the veteran to yes, and that is customer service.
Many of the issues I encountered as Acting Secretary were
not with the quality of medical care but with getting our
veterans through the door to reach that care. Those problems
are both administrative and bureaucratic. Alexander Hamilton
said that the true test of a good government is its aptitude
and tendency to produce a good administration, and that is
where VA must go.
The new Electronic Health Record system is the first step
to modernize VA. It modernizes our appointment system. It is
also the template to get us started on the road to automate
disability claims and our payment claims, particularly to our
providers in rural America and those who administer emergency
care. More importantly, the interoperability of the new
Electronic Health Records system will connect VA to the DOD,
private doctors, and private pharmacies to create a continuum
of care and organize health care around our veteran's needs.
This is also our opportunity to turn the corner and be an
industry leader on opioid abuse intervention and suicide
prevention.
Business transformation to standardize our policies and
procedures across the integrated service networks is also
essential if we are to move past the mid-1990s
compartmentalized model and give power to the professionals
closest to our veterans. This means reforming human resources,
to give those same people more leeway to manage their budgets
and recruit, retain, and relocate the staff they need to serve
veterans.
Transformation also means entering into more robust
partnerships with our State and local communities to address
veteran homelessness that particularly plagues our Vietnam
veterans who also suffer the highest rates of suicide.
We are also pledged to help veterans transition to a new
life in education and nonmilitary careers. If confirmed, I will
leverage VA's partnership with Labor, Small Business
Administration, Defense, and other agencies to carry out this
pledge.
Mr. Chairman, as Secretary Mattis said when this Congress
passed a $700 billion Defense budget, there are no more
excuses. You and the Ranking Member have infused VA with a $200
billion budget. You have passed the Accountability Act, to
shake up complacency, and you have passed the MISSION Act to
bring the institutional VA, community care, and caregivers
closer together. The future now is up to the Department.
I would like to take the opportunity to close with a charge
from President Eisenhower. Five months after his inauguration,
about 40 Korean War veterans climbed aboard Presidential yacht
Williamsburg, docked about 2 miles from where we were sitting.
Many of those veterans were missing limbs, and some were
horribly disfigured. When Ike arrived at the pier, the Secret
Service ran up the plank to separate the President from his
troops. Seeing that, Eisenhower yelled, ``Halt. I know these
men.''
The agents retreated, and the soldiers gathered around the
President. He asked to address them at attention, and those who
could did stand, but he said that there was nothing that the
country could do for them to compensate what they had given to
America. Though, he also said, ``You never put your uniform
away. You have to get well to remind your countrymen every day
that freedom is never free.''
Mr. Chairman, that is why VA must succeed. It is to remind
Americans every day that freedom is not free.
Mr. Chairman, I thank you and look forward to the
questions.
[The prepared statement of Mr. Wilkie follows:]
Prepared Statement of Robert L. Wilkie, Nominee for Secretary,
U.S. Department of Veterans Affairs
Mr. Chairman, Senator Tester and distinguished Members of the
Committee on Veterans Affairs. This is the third time I have appeared
in the confirmation chair. Just as in 2006 and 2017, my wife Julie is
with me. We have known each other since we were youngsters in North
Carolina. Our high school was two blocks from the Veterans Hospital in
Fayetteville. On our way to and from school we could not help but read
the sign at the entrance--``The price of freedom is visible here.''
I am humbled today not only by the confidence placed in me by the
President and the support of our Veterans Service Organizations, but to
be introduced by Senator Tillis. No one better exemplifies what those
of us who have come through the military world strive to be--a servant
leader.
I have been privileged to experience military life from many
angles, as the son of a gravely wounded combat soldier; as an officer;
as a senior leader in the Pentagon, including leading the Defense
Health Agency reform, and eight weeks as Acting Secretary of Veterans
Affairs.
My modest military service was inspired by my ancestors. I walked
the field of Shiloh with my great grandfather, Colonel Abram
Somerville. As a young captain of field artillery, he saw thousands
perish in minutes in the Meuse Argonne in 1918. In the short time that
I was privileged to know him, he impressed upon me the cost paid by
ordinary Americans caught up in the incommunicable experience of war.
Mr. Chairman my own life changed when my father returned from his
second combat tour in Vietnam. I was seven when we received a message
that he had been terribly wounded. When he came home after a year in
military hospitals, he weighed less than half of what he did when he
left us. I watched his agonizing recovery and that experience was on my
mind when I was asked to come to VA.
As Acting Secretary of Veterans Affairs, I visited five VA
hospitals across the country--met with the combined leadership of our
three major VA components--Benefits, Health and Cemeteries--and visited
our Claims Processing center in Baltimore and the Maryland Veterans
Treatment Court presided over by my childhood friend, Judge Halee
Weinstein.
It is clear that the Veterans population is changing faster than we
realize. For the first time in forty years--half of our veterans are
under the age of sixty-five. Of America's twenty million veterans, ten
percent are now women. The new generation is computer savvy and demands
21st century service--service that is quick, diverse and close to home.
For the VA to thrive as an integrated health care network, it must be
agile and adaptive.
More importantly, I experienced what can never be duplicated in the
private sector--the communal aspect of VA. What does that mean? It
means that when our veterans walk into any of VA facility they converse
with men and women who speak the unique language of military service.
What are the priorities?
Improve the culture--offer world class customer service
Improve access to care through implementation of the
MISSION Act and transformative IT Modernization such as the Electronic
Health Records Program.
Reduce the backlog of claims and payments.
Business transformation including reform of the human
resource systems
Mr. Chairman, the prime directive is customer service. When an
American veteran comes to VA it is not up to him to employ a team of
lawyers to get VA to say YES. It is up to VA to get the Veteran to
YES--that is customer service.
Many of the issues I encountered as Acting Secretary were not with
the quality of medical care but with getting our veterans through the
door to reach that care. Those problems are administrative and
bureaucratic. Alexander Hamilton said, ``The true test of a good
government, is its aptitude and tendency to produce a good
administration.'' That is where VA must go.
The new Electronic Health Record system is the first step to
modernize our appointment system, it is also the template to get us
started on the road to automate disability claims and our payment
claims particularly to our providers in rural America and those who
administer emergency care. More importantly, the interoperability of
the new electronic health records system will connect VA to the DOD,
private doctors and private pharmacies to create a continuum of care
and organize the healthcare around our veteran's needs. This is also
our opportunity to turn the corner and be an industry leader on opioid
abuse intervention and suicide prevention.
Business transformation to standardize our policies and procedures
across the VISNs is also essential if we are to move past the mid-1990s
compartmentalized model and give power to the professionals closest to
our veterans. This means reforming human resource systems to give those
same people more leeway to manage their budgets and recruit, retain and
relocate the staff they need to serve veterans.
Transformation also means entering into more robust partnerships
with our state and local communities to address Veteran homelessness,
that particularly plagues our Vietnam Veterans who also suffer the
highest rates of suicide.
We are also pledged to help veterans transition to a new life in
education and non-military careers. If confirmed, I will leverage VA's
strong partnership with Labor, Defense, and other agencies to carry out
this pledge.
Mr. Chairman, as Secretary Mattis said when this Congress passed a
$700 billion Defense budget, there are no more excuses. You have
infused VA with a $200 billion budget, you have passed the
Accountability Act--to shake up complacency--and you have passed the
Mission Act to bring the institutional VA, community care and
caregivers closer together. The future is up to the Department. If
confirmed, I pledge to help build on your work.
I would like to close with a charge from President Eisenhower.
Five months after his inauguration, about forty Korean War Veterans
climbed aboard the yacht Williamsburg--many were missing limbs, some
were horribly disfigured. When Ike arrived at the pier, the Secret
Service ran up the plank to separate the President from his troops.
Seeing that, Eisenhower yelled ``Halt! I know these men.'' The agents
retreated, and the soldiers gathered around the President. He addressed
them at attention and said there was nothing the country could do for
them to compensate for what they had given to America but, he said,
``You never put away your uniform. You must get well, to remind your
countrymen every day that freedom is never free.''
Mr. Chairman that is why VA must succeed--to remind Americans every
day that freedom is not free.
------
[The Committee questionnaire for Presidential nominees
follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
------
[A letter from the Office of Government Ethics follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
------
[Letter from Robert L. Wilkie to the Office of General
Counsel, U.S. Department of Veterans Affairs:]
June 21, 2018.
Ms. Catherine Mitrano
Designated Agency Ethics Official
Office of the General Counsel
Department of Veterans Affairs
Washington, DC
Dear Ms. Mitrano: The purpose of this letter is to describe the
steps that I will take to avoid any actual or apparent conflict of
interest in the event that I am confirmed for the position of Secretary
of the U.S. Department of Veterans Affairs.
As required by 18 U.S.C. Sec. 208(a), I will not participate
personally and substantially in any particular matter in which I know
that I have a financial interest directly and predictably affected by
the matter, or in which I know that a person whose interests are
imputed to me has a financial interest directly and predictably
affected by the matter, unless I first obtain a written waiver,
pursuant to 18 U.S.C. Sec. 208(b)(1), or qualify for a regulatory
exemption, pursuant to 18 U.S.C. Sec. 208(b)(2). I understand that the
interests of the following persons are imputed to me: any spouse or
minor child of mine; any general partner of a partnership in which I am
a limited or general partner; any organization in which I serve as
officer, director, trustee, general partner or employee; and any person
or organization with which I am negotiating or have an arrangement
concerning prospective employment.
I resigned from my position with the Jesse Helms Center and
Foundation on November 1, 2017. For a period of 1 year after my
resignation, I will not participate personally and substantially in any
particular matter involving specific parties in which I know the Jesse
Helms Center and Foundation, is a party or represents a party, unless I
am first authorized to participate, pursuant to 5 C.F.R.
Sec. 2635.502(d).
If I have a managed account or otherwise use the services of an
investment professional during my appointment, I will ensure that the
account manager or investment professional obtains my prior approval on
a case-by-case basis for the purchase of any assets other than cash,
cash equivalents, investment funds that qualify for the exemption at 5
C.F.R. Sec. 2640.20l(a), obligations of the United States, or municipal
bonds.
I understand that as an appointee I must continue to abide by the
Ethics Pledge (Exec. Order No. 13770) that I previously signed and that
I will be bound by the requirements and restrictions therein in
addition to the commitments I have made in this ethics agreement.
I will meet in person with you, or another designated ethics
official, during the first 15 days of my service in the position of
Secretary in order to complete the initial ethics briefing required
under 5 C.F.R. Sec. 2638.305. Within 90 days of my confirmation, I will
document my compliance with this ethics agreement by notifying you in
writing when I have completed the steps described in this ethics
agreement.
I have been advised that this ethics agreement will be posted
publicly, consistent with 5 U.S.C. Sec. 552, on the website of the U.S.
Office of Government Ethics with ethics agreements of other
Presidential nominees who file public financial disclosure reports.
Sincerely,
Robert L. Wilkie.
______
Response to Prehearing Questions Submitted by Hon. Johnny Isakson to
Robert L. Wilkie, Presumptive Nominee to be Secretary, U.S. Department
of Veterans Affairs
Question 1. What do you see as the most significant challenges
facing VA and what would be your highest priorities if confirmed as
Secretary?
Response. Customer service is the prime directive. When an American
veteran comes to VA it is not up to him to employ a team of lawyers to
get VA to say ``YES.'' It is up to VA to get the Veteran to ``YES''--
that is customer service. Most of the problems I encountered were not
with medical care but with getting our veterans through the door to
reach that care and receive the benefits they deserve. The problems are
primarily administrative and bureaucratic.
Question 2. How did your time as Acting VA Secretary inform your
perspective on the role and what your priorities would be if confirmed
as Secretary?
Response. I learned from my 8+ weeks as Acting Secretary that the
VA has thousands of great stories--of Veterans serving Veterans every
single day, and that those stories need to be told. To do that I will
commit to even greater transparency, communications, and continuing to
bring the VA to the forefront of technology with electronic health
records management (EHRM) and telehealth and further reducing opioid
use/prescriptions--showcasing areas where we lead the Nation and in
some cases the world. My priorities are to ensure the proper oversight
and implementation of the MISSION Act, of the EHRM program, and of the
Appeals Modernization backlog reduction legislation. I commit to
unsurpassed communication with our partners in Congress, Veterans
Service Organizations (VSOs), and Veterans to meet or exceed the
deadlines required by law.
Question 3. Would you please detail what experiences you have had
while serving at the Department of Defense (DOD) that you believe have
helped prepare you to lead VA?
Response. Both former Secretary Bob Gates and Secretary Jim Mattis
have believed that Personnel & Readiness (P&R), although the most
important of the DOD Under Secretariats, was fundamentally broken--
morale was rock bottom and leadership was fractured. Secretary Gates
referred to P&R as the dysfunctional family picnic. My priority was to
restore morale. I walked the post and talked to the employees across
the department. I replaced those who had been in their positions too
long and promoted leaders who showed promise and new ideas. I directed
that all outstanding NDAA directives--some going back to the FY 2010
Act--be implemented including a DOD Sexual harassment policy; Defense
Health Agency Reform and the Exceptional Family Member Program. This
signaled to the staff and to the Department that P&R was a changed
organization.
Secretary Mattis rewarded P&R with what he considers his most
important project--the Close Combat Lethality Task Force.
P&R has the same complex history as VA. In scope it is every bit as
large as VA--700,000 civilian employees (not to mention responsibility
for the training and readiness of the entire uniformed force) plus the
second largest health system in the United States. I intend to pursue
the same leadership philosophy at VA that was used to right the P&R
ship.
Question 4. What do you see as the role of this Committee in
conducting oversight regarding VA and what steps would you take to
ensure that the Committee is promptly notified of any emerging trends,
issues, or developments at VA?
Response. This Committee is the strong partner of the Secretary to
ensure he or she is making the best decisions on behalf of Veterans
across this country. If confirmed, I will make the time to reach out
personally and regularly to the Chairman and Ranking Member to make
them aware of any issues. Additionally, my team in the Office of
Congressional and Legislative Affairs will have real time information
on the issues, trends, or developments that are briefed to me daily and
will make Committee staff aware of emergent and systemic issues.
Question 5. Congress recently passed S. 2372, the VA MISSION Act,
to streamline the Veterans Choice Program and VA's other non-VA care
programs into one program. Going forward, how do you envision expanding
veterans' access to non-VA care while preserving within the Veterans
Health Administration (VHA) the care and services VHA performs well?
Response. If confirmed, I would like VA to continue its focus on
the evolution of VA health care delivery, including investing in and
growing foundational services, attracting and retaining high quality
staff, using innovative technologies to optimize health outcomes, and
enhancing partnerships to support education and training clinicians
treating our Veterans.
Question 6. Under the Veterans Appeals Improvement and
Modernization Act, enacted in August 2017, the Secretary is responsible
for certifying that the new system for processing veterans' appeals is
ready before fully replacing the existing system. If confirmed, how do
you intend to approach the responsibility of certifying that VA is
prepared to implement the new system to timely address appeals, while
at the same time addressing the more than 460,000 legacy appeals?
Response. Through a series of initiatives that offer Veterans
choices and streamline functions, VA is on track to ensure on time
certification and implementation of the Appeals Modernization Act in
February 2019 while reducing the wait time for those appealing
disability benefits claims. The legacy appeals system is a lengthy,
complex, and confusing system; ensuring that VA is ready to implement
the new streamlined modernized appeals system will be one of my top
priorities if confirmed. Currently, VA has taken a multifaceted
approach to planning and I would continue the focus that the agency has
placed on planning for this historic change.
VA lines of business have been working collaboratively with
internal and external stakeholders, to include VSOs, since prior to
passage of the Appeals Modernization Act to ensure timely certification
and successful implementation. I will continue to seek the advice of
our stakeholders in order to determine readiness for certification, as
required by the Act.
Through this planning process, VA has identified risks, primarily
among them is the stringent timeline for publishing regulations, and
possible delays in the development of information technology necessary
to update our computer processing systems. While VA has mitigation
strategies in place for these risks, if confirmed I would continue to
track progress, and evaluate any new or emerging risks.
I am aware that VA needs decisive leadership action to address the
legacy appeals inventory, but to be successful we also need assistance
and support from our Congressional partners. As such, I urge you to
approve the fiscal year (FY) 2019 President's Budget request for an
additional 605 full time equivalents (FTE) for appeals processing at
the Veterans Benefits Administration.
However, despite the need for additional resources, VA has made
some noteworthy gains through the use of innovative programs such as
the Veterans Benefits Administration's Rapid Appeals Modernization
Program (RAMP).
Additionally, the Board of Veterans' Appeals is issuing decisions
to Veterans and their families at historic levels. As a result of
increased funding, the Board added personnel, primarily Veterans Law
Judges and decision writing attorneys. The Board has modernized
technology processes, enhanced training initiatives, and increased
efficiencies. Through June 18, 2018, the Board has signed a (to date)
record number, 58,557 decisions, which is more decisions than the Board
has ever signed in a fiscal year.
The Chairman, the Director of VBA's Appeals Management Office
(AMO), and the Office of General Counsel (OGC) provide VA's Office of
the Secretary with weekly updates on VA's progress with Appeals
Modernization. VA's Office of Enterprise Integration conducts ongoing
review and analysis. Additionally, the Board and AMO report on the
Appeals Modernization Act implementation as part of the Agency Priority
Goal (APG) Action Plan. Finally, the Board responds to all requests and
inquiries from internal and external stakeholders.
In sum, Appeals Modernization has garnered extensive attention and
monitoring at the highest levels of the agency. This attention will
ensure that any issues with the readiness indicators, such as the
status of the rulemaking; lessons learned from the processing of
higher-level reviews and supplemental claims in RAMP; and the status of
IT systems development, are addressed and mitigated as necessary to
ensure successful implementation. If confirmed, I would champion and
encourage innovative solutions to deal with the legacy appeals
inventory while improving service for Veterans.
Question 7. Congress passed a law last year to give the Secretary
of Veterans Affairs authority to hire critical employees and suspend or
remove employees who don't meet the needs of the Department. If
confirmed, how would you approach workforce management at VA, and what
principles would you apply to ensure the right employees get hired and
the wrong employees are removed?
Response. Similar to the way DOD approaches workforce management, I
intend to approach workforce management holistically--by addressing the
entire employee lifecycle: recruitment, onboarding, developing and
retention. My overall strategy will be to target one key performance
indicator--how well we meet the needs of the Veterans we serve. I'll
concentrate on using the VA healthcare system to maximize our ability
to provide optimal care to Veterans. While some recent events have
raised concerns about VA's staffing capabilities, I will work
aggressively to address concerns from Congress, GAO and OIG to
implement corrective measures and recommendations to ensure we are
hiring the right employees to care for our Veterans.
VA has recently established a manpower management office, and has
updated its H.R. System of Record to enhance talent acquisition
capabilities. I intend to continue with efforts already underway to
develop new staffing models and decision matrices for medical
facilities to use when setting specialty care staffing requirements. By
benchmarking access, quality and staffing against similar healthcare
systems, the VA established a databaseline, demonstrating the
relationship between Veteran demand for specialty care services with
corresponding cost, complexity and productivity factors. I'll use these
models to identify facilities at risk of critical staffing shortfalls,
and then validate and refine the models to provide a robust and
comprehensive staffing capability.
With respect to accountability, VA programs have a significant
impact on millions of Americans, and the Department is accountable to
our Veterans for the services it provides. Be assured that my guiding
principles will fully demonstrate, by example, VA's obligation to
maintain high standards of employee integrity, conduct, effectiveness,
and service to the public. To ensure these principles are met, I will
insist and expect that leadership at all levels promote a culture of
accountability to make certain our Veterans are treated with respect
and provided the services to which they are entitled, due to their
service to our Nation. When employees fail to uphold these principles,
I expect managers to judiciously employ corrective action based on
their evaluation of an employee's misconduct or performance
deficiencies and consider action that is reasonable and commensurate
with the facts of the case.
Question 8. 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?
Response. VA provides full services to women Veterans, including
comprehensive primary care, gynecology care, maternity care, specialty
care, and mental health services. VA is on the forefront of information
technology for women's health and is redesigning its electronic medical
record to track breast and reproductive health care. VA also tracks
quality by gender and, unlike other health care systems, has been able
to reduce and eliminate gender disparities in important aspects of
health screening, prevention, and chronic disease management.
However, I believe that there are several challenges in meeting the
demand of the increasing women Veteran population. While VA is training
providers and other clinical staff, VA is unable to keep up the demand
to have trained providers to care for women Veterans. By end of fiscal
year (FY) 2017, VA reached the milestone of training more than 5,000
VHA providers and nurses in the women's health mini-residency. VA has
at least one Women's Health Primary Care Physician (WH-PCP) at all of
VA's health care systems. In addition, 90 percent of community based
outpatient clinics (CBOCs) had a WH-PCP in place. VA continues to train
additional providers to ensure that every woman Veteran has the
opportunity to receive her primary care from a WH-PCP. VA has
implemented women's health care delivery models of care that ensure
women receive equitable, timely, high-quality primary health care from
a single primary care provider and team, thereby decreasing
fragmentation and improving quality of care for women Veterans.
Additionally, privacy and safety for women Veterans needs to remain
a high priority for VA. If confirmed I will ask that VA continue
working to improve standards and maintain its facilities to provide
gender-specific healthcare delivery in a sensitive and safe
environment.
Question 9. Given your experience as a military leader, what
priorities would you pursue, if confirmed as Secretary of VA, to work
on with DOD in order to improve the transition from military service to
civilian life? Is there anything you would recommend DOD do differently
to improve veterans' overall well-being?
Response. If confirmed, I will continue the improvements we've
begun with the Transition Assistance Program (TAP). While I was serving
as Acting Secretary, VA released updated curricula to the VA portion of
TAP, making an already valuable program for Veterans even better. Using
adult learning research and past participant recommendations, the new
VA Benefits I and II curricula for TAP were developed to be
collaborative and stimulating, helping servicemembers make informed
decisions about their health care, employment, housing, and other
transition benefits. Suggestions made by Veterans, VSOs, and post-9/11
Veteran groups included taking a more holistic view of a
servicemember's new life, including the psychosocial aspects of the
transition to civilian life. The implementation of the new electronic
health record will also serve as a key enabler and allow us to focus on
the most ``at risk'' transitioning servicemembers. Additionally, the
President's Executive Order 13822 tasked VA/DOD-DHS to develop a joint
action plan to address the complex problems of transitioning
servicemembers. Our implementation of these initiatives, to include
early and constant contact and peer support. will also improve the
transition process.
Given that no two transitions are the same, the updates deliver
elements relevant to each transitioning servicemember based on where
they are in their transition. This redesign will encourage whole health
support for servicemembers and their family members, include relevant
information about VSOs and allow time for familiarization with local
VSO representatives.
With respect to DOD, I would encourage strong collaboration to
enable the deployment of Military Life Cycle concepts throughout
Servicemembers careers, where VA and partner agencies will deliver
timely and useful education and services at multiple touchpoints, so
servicemembers can access the benefits and services at the times they
need them in the manner they desire throughout their lives.
Coming from Department of Defense, I am familiar with the TAP
program, and I believe these changes will strengthen the program and
provide real-life relevance to those who have given a portion of their
lives to serving our nation.
Question 10. The National Cemetery Administration (NCA) has
repeatedly earned the highest customer satisfaction score among the
private or public sectors, yet the American Customer Satisfaction Index
ranked the Department of Veterans Affairs third last in customer
satisfaction among Federal agencies for 2015. What factors set NCA so
far apart from the rest of VA and how would you leverage their best
practices to improve customer satisfaction across the rest of the
department?
Response. NCA's high level of customer satisfaction can be
attributed to several factors. There is a commitment from senior
leadership and all levels of the organization to provide the best
service possible to Veterans and their families. This is accomplished
through continuous process improvement. For example, NCA has
established an Organizational Assessment and Improvement Program based
on Malcom Baldridge criteria for organizational excellence. Standards
and measures for each cemetery are aligned with drivers of customer
satisfaction and clearly defined with input from all levels of the
organization. Cemeteries are evaluated against those criteria on an
annual basis and employees are held accountable. Tools are provided to
enable success and to communicate expectations, such as a robust
training program at NCA's National Training Center in St. Louis, MO.
NCA also collects quarterly survey feedback from stakeholders
(Veterans, family members, funeral home directors) to validate what the
organization is doing well, as well as to make improvements when
needed. Finally, the composition of the NCA workforce is unique. Nearly
three quarters of the employees in the field are Veterans, which
provides NCA an exceptional sense of pride and ownership regarding the
operations and maintenance of our national shrines.
Many of NCA's best practices are already being employed and
leveraged within the department. For example, VA's Veterans Experience
Office (VEO) is working to enable the department to be the leading
customer service organization in government. VEO is capturing Veteran
feedback and is implementing solutions based on Veteran-centered
designs and industry best practices. Forrester's 2018 Customer
Experience Index reported that VA was one of two Federal agencies to
improve in customer experience, in the past year. VA is also seeking to
centralize certain administrative functions to provide more efficient
and effective support services to the field.
Question 11. VA has been criticized in the past for a lack of
coordination between its Benefits Administration and Health
Administration. Do you think these two major arms of the Department
need to better align their efforts to improve wellness among the
veterans they serve?
Response. Business practices in huge bureaucracies can always stand
to be improved. If confirmed I will ensure that the VA improves its
overall customer service to ensure Veterans are at the center of
everything the department does and that Veterans have a growing
confidence that VA is working with them to provide high quality health
care and benefits.
______
Response to Prehearing Questions Submitted by Hon. Jon Tester to Robert
L. Wilkie, Presumptive Nominee to be Secretary, U.S. Department of
Veterans Affairs
Question 1. If confirmed, how would you address instances where
your vision and the White House's are not aligned?
Response. I had the privilege in the 8+ weeks at the VA to meet
with the President for several hours. He and General Kelly, have open
door policies and in the event that our opinions differ, we will have
ample opportunity to discuss.
Question 2. Describe how you managed the Department during your
tenure as Acting Secretary. Did you take a hands-on role in the day-to-
day operation of the Department? Please describe significant actions
you made during your tenure as Acting Secretary that are specific to
each of the Department's three administrations.
Response. I come from a long line of military service. You are
taught to ``walk your post'' and talk to the Veterans who utilize our
facilities day in and day out. During my short 8+ weeks I was able to
visit five VA hospitals across the country--meet with the combined
leadership of three major VA components--Benefits, Health and
Cemeteries--and visit the Claims Processing center in Baltimore and the
Maryland Veterans Treatment Court.
My goals for the short time I was the Acting Secretary were
straight forward. Restore morale and collaborate and clear any
Department hurdles to allow this Committee to pass the groundbreaking
MISSION Act. I wanted to quickly do my due diligence on the EHRM
program/contract to ensure Veterans and their providers will have the
best technology at their fingertips and the best transition of care
from DOD to the VA for generations, third, I wanted to lead the effort
to get back to great customer service for Veterans at all facilities by
calming the waters and moving VA forward. I achieved those goals.
Question 3. What are your top three specific and measurable goals
as Secretary of Veterans Affairs and how would you achieve them?
Response. My three goals are to ensure the proper oversight and
implementation of the MISSION Act, of the EHRM program, and of the
Appeals Modernization backlog reduction legislation. VA has established
working groups that meet weekly and if confirmed, I will get frequent
updates in daily meetings and ``walk my post'' to visit with those
teams and get personal updates as well. I commit to transparency (and
competence) with our partners in Congress, VSOs, and Veterans to meet
or exceed the deadlines required in law.
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 advocate for the level of funding that I believe
is needed to fund the VA's critical mission to both OMB and the
President. It's my responsibility to successfully justify my budget
request such that we are all in agreement that the resource request is
both adequate and reasonable.
Question 5. The sheer size and scale of the Department necessitates
a Secretary having the ability to appropriately delegate
responsibilities while ensuring that initiatives are executed according
to leadership's vision. How do you envision making sure your direction
to the field is carried out correctly, in a non-military organization?
Response. VA is embarking on the largest transformation and
modernization effort in recent history. The scale and criticality of
these efforts requires management discipline and strong governance. I
will review and validate the strategic objectives of each initiative,
Administration and Staff Office. Based upon this review, it may be
necessary to adjust or adapt our execution plans. As we implement
plans, I will apply a consistent governance process to measure progress
against anticipated milestones, anticipate and mitigate risk, and hold
leaders accountable.
Question 6. a. During your tenure as Acting Secretary, did you make
a point to meet with members of the labor unions? If confirmed, what
will be your plan to work with employee unions? Do you believe they
play an important role in bridging communication between VA employees
and management? What is your experience in dealing with unions or
employees who have collective bargaining rights?
Response. I specifically did not meet with our labor union partners
because of ongoing negotiations and the expectation that I would return
to the Department of Defense as the Under Secretary of Defense for
Personnel & Readiness. It is my desire to work with our labor partners
and develop innovative solutions to ensure all groups are on the same
page and working hard to improve Veterans' healthcare. I believe if we
put Veterans first during our discussions with our labor partners, the
outcome will be better services and benefits to our Nation's Veterans
and their families.
b. Do you believe they play an important role in bridging
communication between VA employees and management?
Response. In some cases, I believe the unions can be an important
part of the discussion with our employees regarding the changing
environment in which we find ourselves. At the same time, management is
responsible for managing the Department. VA management can always do
better when communicating with employees at the front lines of
providing care and benefits for our Veterans. The discussion leadership
needs to have with our labor partners and the employees they represent
is acknowledging that our sole purpose is to serve Veterans. And we can
only accomplish this together by implementing the modernization of the
Department of Veterans Affairs. We need to have this discussion and
remember to preface every idea with putting Veteran's first. Management
and labor must speak from the same book to modernize the Department and
become more efficient in delivering care and services to our Nation's
Veterans.
c. What is your experience in dealing with unions or employees who
have collective bargaining rights?
Response. As a military officer and leader, I have had the
opportunity to engage with Federal unions throughout the Department of
Defense. I have always maintained a productive relationship with
Federal employee unions without compromising the mission, no matter the
issue.
Question 7. Last year Congress passed legislation that made it
easier for the Department to sanction underperforming employees. VA has
been using the new authorities in this legislation in a fairly severe
way against people who have minor first time offenses. Will you commit
to reviewing how VA is utilizing this authority? Moving forward, how
would you ensure that the law is executed fairly and uniformly? Please
describe your leadership philosophy, specifically including whether you
believe people should be afforded opportunities to correct their
behavior and work, or whether you support firing and removal for first
offenses.
Response. I am committed to improving accountability and enhancing
transparency throughout the Department. My commitment includes the fair
and uniform application of corrective measures. In my experience, the
vast majority of Federal employees are diligent stewards of the public
trust. However, when an employee violates that trust, through
misconduct or extremely poor performance it is essential that they be
held accountable. The necessary actions for that accountability will
vary depending on the specifics of the individual case. In egregious
cases or repeated offenses, removal is entirely appropriate. I agree
that minor, first offenses or correctable performance deficiencies
should not automatically be met with removal. In those instances
employees should be afforded the opportunity to correct their behavior
or bring their work product to a satisfactory level.
Question 8. Will you commit to quarterly meetings to update this
Committee on progress the Department has made on recommendations from
OIG, GAO, OSC, and other investigative reports? Who is responsible
within VA for tracking and ensuring that these recommendations are
implemented?
Response. I will commit to updating this Committee on progress the
Department has made on recommendations received. The Office of
Accountability and Whistleblower Protection was given this centralized
responsibility through the VA Accountability and Whistleblower
Protection Act, Public Law 115-41. I will ensure this function is
brought to full implementation.
Question 9. How do you anticipate building and maintaining a
positive relationship with the Department's Inspector General, who
plays a key role in making sure taxpayer dollars are spent wisely and
that facilities are operating in accordance with policy? What have been
your dealings with the Inspector General during your tenure as Acting
Secretary? Describe your dealings with Inspectors General while at the
Pentagon and in uniformed service. Did those experiences color your
view of the work of the Office of Inspector General?
Response. The Inspector General must be a full partner with the
Secretary of the VA to ensure the Department runs smoothly and
ethically every day. It doesn't work any other way. If confirmed, I
will expect the Inspector General to do his due diligence, and uncover
wrongdoing at any level.
Question 10. Please give specific examples of how you anticipate
involving the VSOs and MSOs if confirmed.
Response. Veterans Service Organizations (VSOs) will play an
integral role under my leadership. I am committed to actively engaging
and soliciting input and feedback from VSOs on key issues, best
practices and/or opportunities to improve VA programs and services for
our Nation's Veterans. During my tenure as Acting Secretary, I
personally met with the VSOs several times through a monthly breakfast,
one-on-one meetings, and calls and at White House, Congressional or VSO
events. In addition, I am committed to traveling to VSO conventions,
meetings, and events to meet with national, state and local leaders. I
will continue to develop relationships, understand key priorities and
identify and resolve any issues or concerns. All these engagements are
necessary and will continue as VSOs are an important partner of the
Department so that we understand what improvements are needed to better
deliver care and services to our Nation's Veterans. There are several
areas of planned collaboration and ongoing communication between VA and
the VSOs going forward to include: Choice/Community Care,
Accountability, Caregivers, Electronic Health Record, Suicide
Prevention, GI Bill and Appeals Modernization Programs.
Question 11. Will you commit to continuing to make data public,
including the Monday morning workload report and wait times by medical
facility?
Response. I commit to continuing to make data public including wait
times by medical facility. I also commit to determine what additional
metrics would be of benefit for public release and to release those
metrics.
Question 12. VA has put out solicitations to build community care
networks to help it manage veterans access to non-Department care. How
familiar are you with this issue? Do you foresee any delay in awarding
community care network contracts to help ease veterans' access to non-
VA care?
Response. I don't foresee any delay. In December 2016 the VHA
Office of Community Care let a request for proposals (RFP) for a future
Community Care Network (CCN) contract. This RFP and subsequent contract
will serve as the bridge, allowing VA to fix current issues in
community care while providing flexibility for the future of VA
Community Care. The potential new contract will lead to the replacement
of existing community care contracts, and will enable VA to leverage
innovative solutions to expedite how Veterans receive care and make it
easier for providers to work with VA. Through the CCN, Veterans will
benefit from improved timely access to care closer to home and an
increased number of providers available for their community care needs.
VA is committed to awarding Community Care Network (CCN) contracts as
soon as possible. To accomplish this, VA intends to award CCN regional
contracts using a phased award rollout by Spring 2019.
Question 13. Many veterans, especially those with complicated
health issues, rely upon VHA's specialized services. 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. What is your perspective on the future of VA specialized
services (spinal cord injury, polytrauma, blinded rehabilitation,
mental health)?
Response. I am fully committed to ensuring that VA maintains these
capabilities to provide timely access to high quality, recovery-
oriented care that anticipates and responds to Veterans' needs and
supports their reintegration into their communities.
Rehabilitation and Mental Health are foundational services of the
Veterans Health Administration. VA offers an extensive health continuum
of care including many outpatient, intensive outpatient, partial
hospitalization, residential, and inpatient services for Veterans with
disorders and disabilities related to these areas.
In 2017, over half of all Veterans treated in VHA received
prosthetic and sensory aids items and services; VA spent over $3B to
provide 21 medical items, devices and services to more than 3.4M
Veterans. Additionally, nearly one third of all Veterans treated in VHA
saw a rehabilitation provider, and 28 percent of all VA patients
received mental health care.
Thankfully Congress has taken measures to support VHA in
maintaining its capacity to treat disabled Veterans that need
specialized treatment or rehabilitation, including those with spinal
cord dysfunction, Traumatic Brain Injury, amputations, blindness, and
mental illness through 38 U.S.C. Sec. 1706. This law provides specific
criteria for measuring the capacity to provide these forms of treatment
for Veterans with these disorders.
Question 14. The roll-out and execution of the Veterans Choice
Program in Montana and many other states has been nothing short of a
disaster. As many of these issues remain the responsibility of the
Third Party Administrators in Choice, what are you going to do to hold
them accountable for a continued failure to meet the terms of their
contract, and to meet the basic expectations of veterans and community
providers?
Response. If confirmed I will hold the Third Party Administrators
(TPA) accountable, when they do not meet the standards outlined in the
contract. When the Veterans Choice Program (VCP) Third Party
Administrator (TPA) fails to meet the terms of the contract, I will
personally contact the CEO to ensure he or she fully understands the
problem and corrects it.
Question 15. In your time as Acting Secretary, have you developed
an opinion as to whether more needs to be done to improve personnel
recruitment and retention at VA health care facilities? What specific
actions would you take to make VA an employer of choice in the medical
community?
Response. In my time as Acting Secretary, I learned that, as the
Nation's largest integrated health care delivery system, the Veterans
Health Administration's (VHA) workforce challenges mirror those of the
health care industry as a whole. Some factors affecting this include: a
growing national shortage of experienced, quality candidates who
possess the competencies required for the position; the salaries
typically paid by private industry for similar positions; employment
trends and labor-market factors that may affect the ability to recruit
candidates; and other supporting factors such as rural/highly rural
locations that may be considered less desirable.
VHA's hiring process is also administratively burdensome and
lengthy. Additional investment in Human Resources--including adequate
staff to recruit, credential, and onboard providers--as well as better
H.R. IT systems that make the candidate experience seamless and easy,
are long-term strategies VA needs to implement to effectively recruit
and hire scarce talent.
Question 16. What is the appropriate level of oversight and
responsibility that VA should have for the care veterans receive from
community providers?
Response. I believe that VA's current level of oversight and
responsibility for the care Veterans receive from community providers
is appropriate. Currently Network Veteran Quality and Safety Peer
Review and the Joint Quality Oversight and Safety Committees meet to
discuss and/or resolve quality and safety issues from a variety of
sources including, but not limited to; quality metrics, Veteran safety
events, medical documentation, claims data, Veteran satisfaction data,
Veteran complaints and other quality and safety concerns associated
with the performance of the contract.
Question 17. Do you anticipate making any enrollment changes
regarding Priority Group 7 or 8 veterans?
Response. The determination to revise enrollment categories
includes consideration of relevant internal and external factors (e.g.,
economic changes, changes in medical practices, and waiting times to
obtain an appointment for care). If confirmed, I would ask the team to
conduct an impact analysis to make an informed decision on whether
enrollment changes for Priority Group 7 or 8 Veterans is necessary.
Question 18. What do you see is the role of the Secretary in
directing the implementation of the EHR modernization? Drawing on your
recent work at DOD and VA, what part of this project do you believe
will be the most challenging aspect, and what plans do you have to
mitigate that challenge?
Response. This initiative is a top priority for both Departments.
If confirmed as VA Secretary, I plan to work with VA leadership, DOD,
and partners such as Veteran Service Organizations to ensure the EHRM
Program is interoperable with DOD, and with community providers and
meets the needs of Veterans--providing them with the best patient
experience possible. I observed the thoroughness of VA staff in
evaluating the Cerner solution and have great confidence it will meet
the needs of our Veterans while being a good steward of taxpayer
dollars.
Throughout the years, VA clinicians and leaders have continued to
pioneer medical advancements in support of the best care for our
Veterans. In today's world, technology solutions are rapidly changing
and drastically reshaping the medical field; therefore, VA needs to be
able to quickly and effectively adopt state-of-the-art solutions that
will allow providers to meet the evolving needs of Veterans. Yet EHR
implementations are never easy and the magnitude of the VA only
intensifies the challenges. Additionally, there is a sense of ownership
by many VA staff with the legacy EHR system. VA is fully committed to
effectively implementing a robust change management strategy that will
include regular communication with the field and training to all VA
staff that will start well before the new EHR will be deployed. All
aspects of the deployment will include VA representatives from across
the Nation to ensure we address the true needs of our front-line staff.
Question 19. Please explain how you will ensure that the challenges
experienced in the first deployment of MHS GENESIS are not experienced
at VA, and what relationship with DOD do you have to draw on lessons
learned? Project governance has been identified as a critical failure
in prior VA/DOD IT efforts. How do you foresee the agencies
coordinating on this and how will you monitor these efforts? Further,
how will you ensure that the absence of permanent leadership and a lack
of prior experience in EHR implementation and change management by your
senior VHA and OIT leadership will not hamper the project?
Response. VA is fully committed to the successful implementation of
the new EHR ensuring interoperability at VA, with DOD, and with
community providers. By learning from DOD, VA will be able to
proactively address these challenges to further reduce potential risks
at VA's IOC sites. VA and DOD are working closely together to ensure
lessons learned at DOD sites will enhance future deployments at DOD as
well as VA. In addition, VA has proactively engaged stakeholders to
identify requirements critical for the success of Cerner
implementation. As challenges arise throughout the deployment, VA and
DOD will work closely and urgently to mitigate the impact to Veterans
health care. VA strongly believes that implementing a single electronic
health record will improve seamless care for our Nation's
Servicemembers and Veterans.
To ensure inter-agency coordination, there is an emphasis on
transparency through integrated governance both within/across VA and
with DOD. DOD and VA have instituted a working group to review use
cases and collaborate on best practices for business, functional, and
IT workflows. VA and DOD's leadership meet regularly to strategic
leadership, advance interoperability goals, and successfully implement
the new EHR.
The EHRM Program Executive Officer, Mr. John H. Windom, is leading
VA's EHR effort and reports directly to VA Deputy Secretary. The EHRM
leadership team includes senior leaders permanently assigned from the
Veterans Health Administration (VHA) and VA's Office of Information and
Technology (OIT). This organizational alignment will enhance senior
leadership engagement across the VA, as well as the appropriate
strategy alignments with VHA and OIT leadership.
Question 20. Many industry leaders believe that VHA staff will be
challenged in adopting Cerner's EHR package because VistA was home-
grown and there is a sense of ownership in its success. What is your
plan to ensure that VHA clinicians, providers, and employees are bought
into the cultural change required to make the EHR transition a success?
Response. With any large-scale transformation, there will always be
some level of criticism in moving in a new direction. Understanding
that much of the success of the new EHR rollout relies on leadership
buy-in and employee acceptance, VA is deploying a robust change
management strategy to support this transformation effort. The strategy
includes working with affected stakeholders to identify and resolve the
employee resistance. Beginning with VA medical center leadership,
managers/supervisors, and staff, VA will provide on-going
communications regarding deployment schedule and changes to their day-
to-day work. VA has also created clinical councils, with
representatives from the field, who will develop national workflows and
elevate concerns regarding proposed changes. VA is prepared to offer
additional training for staff if additional reinforcement is needed.
Question 21. 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. Rural Veterans rely on VA for care at a much higher rate
than urban Veterans--this should compel us to place even greater
emphasis on finding innovative technological and staffing solutions and
developing strong community partnerships to meet all of our rural
Veterans health care needs. If confirmed, under my leadership, VA will
aggressively use the tools provided by the MISSION Act to pursue
community care alternatives to serve Veterans; by ensuring the timely
scheduling of medical appointments, ensuring continuity of care and
services, coordinating coverage for Veterans who utilize care outside
of a region from where they reside and ensuring Veterans do not
experience lapses in health care service
Continue on a path of increased use of telehealth to extend care,
including mental health, to rural Veterans closer to home and even in
their homes; and
Place significantly greater emphasis on overcoming the challenges
associated with rural provider recruitment and retention.
Question 22. How do you think changing the culture of how mental
health issues are addressed in DOD would help reduce servicemember and
veteran suicide? How can VA and DOD improve the services they offer,
and what changes do you think you can effect to reduce veteran suicide?
Response. Veterans who seek care for mental health issues have got
to find peace and comfort in their surroundings. Telehealth allows them
to receive care anywhere. This is just one piece of taking care of them
holistically. The new EHRM system may help us turn the corner on
suicides by seeing and documenting the relationships between mental
health issues, opioid abuse, sexual assault, and suicide attempts.
Efforts to facilitate a culture where Servicemembers and Veterans
seeking help is seen as a strength that begins the first day of
service/ during a servicemembers duty time and naturally extends
throughout their veteran status are helpful. Cultural shift takes time
but it is something that we should continue to work on and measure our
effectiveness on overtime.
Question 23. Last year, HUD conducted a nationwide point-in-time
(PIT) count of homeless veterans and saw a slight increase in 2017,
making it the first increase in homeless veterans since 2010. This
year, HUD conducted another nationwide PIT count and it was reported to
me that my state of Montana saw a 135% increase in homeless veterans.
While VA has cut the homeless veteran population in half over the past
eight years, it is alarming to see a rising trend. I am concerned about
VA's recent commitment to this issue and about current programs
receiving the proper attention and resources for this underserved
population. If confirmed, how will you prioritize this issue and what
will you do to ensure that this trend is reversed and reflects a
commitment to ending homelessness among veterans?
Response. Last year's selective increase in the Point-in-Time count
was limited to cities with very high market rate rents and low
vacancies where HUD--VASH vouchers rates and SSVF subsidies are
noncompetitive. If confirmed I would be committed to prioritizing this
issue through continued efforts and collaboration with our Federal,
state and community partners and other stakeholders.
Based on the 2017 Annual Homeless Assessment Report published
December 2017 from HUD, homelessness in the general population in
Montana in 2017 rose 7.8% from 2016 levels but showed a significant -
10.5% reduction from 2015 levels. Paralleling this change, the number
of homeless Veterans in Montana in 2017 (205) rose 24% from 2016 levels
(165) which was still a -26% reduction from 2015 levels (277). VA
Montana routinely seeks out and takes advantage of resource
opportunities to address Veteran homelessness in Montana. This year VA
Montana was awarded an additional 26 HUD-VASH vouchers to place
homeless Veterans in safe housing. Currently, 95% of the 410 vouchers
allotted to Montana are in use, resulting in 388 Veterans who now
access to have stable housing.
Question 24. According to the VA's National Center on Homelessness
Among Veterans, the fastest growing subpopulations of homeless veterans
are female veterans and those who have deployed to Afghanistan and Iraq
under OEF/OIF/OND in the last decade and a half. What will you do to
ensure that VA homelessness programs address the needs of these
specific groups?
Response. If confirmed I would continue the emphasis on
homelessness programs and ensure resources are available to reduce
veteran homelessness in all populations.
VA provides a range of resources to meet the unique needs of women
Veterans who are experiencing or at-risk of homelessness.
A higher percentage of women Veterans have a service-connected
disability, have no income, and are in poverty, than are their male
counterparts--compounding risk factors that greatly increase the risk
of homelessness. Designed to provide permanent housing to chronically
homeless Veterans, HUD-VASH prioritizes disabled Veterans with
dependent children, many of whom are women. Unlike grant-based housing
programs, HUD-VASH provides eligible Veterans with housing subsidies
that can be used to securing housing options that can accommodate an
entire family instead of a single person.
Services for Veteran Families Program's (SSVF) ability to directly
serve family members of Veterans is unique within the VA. SSVF grantees
are required to provide assistance to family members that will help
support housing stability and this includes connecting family members
to health and mental health care, income supports, child care, and a
range of other services. Furthermore, SSVF allows this assistance to
continue even if for any reason the Veteran is separated from the
household.
Question 25. Over the last 16 years, Congress has worked to improve
health care, benefits, and care coordination for our most seriously
wounded, ill and injured servicemembers, veterans, and their
caregivers/family members to ensure a seamless transition between the
DOD and VA systems and to provide continuity in care and services.
Given your unique experience of leading Personnel-related issues for
DOD, how do you plan to strengthen collaboration and cooperation
between these two agencies and improve upon the existing health and
benefit systems?
Response. If confirmed, I intend to use my experience to strengthen
interagency collaboration to ensure we provide a more personalized,
customer service experience for military members as they transition
from DOD to VA. The Joint Executive Committee provides a strong
governance structure and we are implementing several joint efforts that
will improve our ability to care for the most at risk servicemembers
and Veterans. These efforts include: deploying a new electronic health
record to improve continuity in care and services, implementing the
President's executive order to expand access to mental health care
through a joint action plan, and re-designing our Transition Assistance
Program to enable servicemembers to register for healthcare and
initiate a disability benefits claim during the transition process.
Question 26. Historically, VBA has come under fire 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 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 a more balanced approach
can be reached?
Response. VBA successfully deployed the National Work Queue (NWQ)
in May 2016 to all regional offices (ROs), which provided the
capability to strategically prioritize and distribute claims workload
across the Nation based on the workforce's real-time capacity. The NWQ
has allowed VA to reduce the overall time it takes to process Veterans'
claims, and in April 2017 VA expanded the NWQ's functionality to
include administrative adjustments.
Prior to NWQ, VBA's workload was largely processed at the Regional
Office (RO) nearest the Veteran's home. This resulted in an unbalanced
workload across the Nation due to a fluctuating volume of receipts in
relation to each RO's staffing level. Some RO's received more work than
they had capacity to keep up with, while others did not have a
sufficient amount of work for their employees. This meant Veterans who
lived in certain parts of the country waited longer for decisions
solely because our resources could not be adjusted quickly enough to
match the inventory changes.
Since May 2016 deployment of NWQ, VBA's timeliness of rating
disability claims has improved significantly. Initial development
timeliness has improved from 24.7 days in January 2016 to 8.5 days in
May 2018, a decrease of 16.2 days. The average time claims are waiting
for a rating decision has dropped from 28.5 days in January 2016 to 3.1
days in March 2018, an improvement of 25.4 days.
Since expansion of NWQ in April 2017, VBA's inventory of dependency
claims, which represents a significant portion of the non-rating/
administrative adjustment workload, has seen a commendable reduction.
Dependency inventory has decreased 38% from 111.4K in October 2016 to
69.6K in May 2018, and the average days pending for a dependency claim
has decreased by 59% since October 2016.
On March 1, 2018, VBA implemented a new in-process review (IPR) for
the 800 claims processors that were having the most significant impact
on quality. This IPR has allowed VBA to identify error trends and
provide additional training to these employees. In addition, VBA
believes that targeted training and consistent messaging through
national quality calls, consistency studies, and transparent reporting
and feedback, will result in an improvement in the timeliness and
accuracy in disability claims processing.
Question 27. As VBA and the Board of Veterans' Appeals prepare to
fully implement the Veterans Appeals Improvement and Modernization Act,
VA is currently piloting two of the five new appeals options through a
pilot known as RAMP. The GAO recently released a report that
highlighted the importance of thoroughly utilizing RAMP to identify and
mitigate key risks associated with implementing the new appeals
process. That same report also indicated that VA's current appeals plan
does not fully address all required elements. As Secretary, what will
you do to ensure that RAMP and the VA's appeals plan are being
optimized to ensure a smooth rollout of appeals reform?
Response. I will actively meet with and supervise Appeals
Modernization implementation project teams with chairman Mason and USB
Lawrence. The project managers meet regularly to coordinate at the
enterprise level and integrate all activities and timelines from the
individual project teams into VA's Master Project Schedule. VA's
continued outreach to Veterans, Veterans Service Organizations, and
additional stakeholders, as well as VA's sensitivity analysis, test
programs, and project plan coordination will allow for a smooth
implementation of the Appeals Modernization Act.
Question 28. For some medical conditions that occur after service,
the scientific information needed to connect the medical condition and
the circumstances of service may be incomplete. When information is
incomplete, the Secretary has authority to presume disabilities and
diseases as service-connected for purposes of compensation. If
confirmed as Secretary, what would be your approach for establishing
presumptions?
Response. The law requires that a positive association exists
between service and a disease before the Secretary may add a disease to
the list of presumptive diseases. As Secretary, my duty is to review
all available sound scientific and medical evidence in making the
determination of whether to add a disease to a presumptive list. This
would include review of any relevant studies conducted by scientific
bodies such as the National Academy of Medicine, as well as
consultation with medical and scientific experts within the VA, other
Federal agencies, and from outside the Federal government.
Question 29. The National Academy of Sciences made recommendations
to VA regarding three new presumptive conditions associated with Agent
Orange exposure, as required by law, on March 10, 2016. VA has not yet
implemented those recommendations. What will you do to ensure those
recommendations are implemented, and that future recommendations from
the National Academy are acted upon in a timely manner?
Response. As I understand it, the National Academy of Medicine
(NAM) reviews evidence from available scientific and medical literature
on veterans and non-veterans to determine the health effects of
exposure to Agent Orange used in Vietnam. Based on its literature
reviews of available evidence, NAM would then classify the reviewed
conditions under one of the following categories: Sufficient Evidence
of an Association; Limited or Suggestive Evidence of an Association,
and Inadequate or Insufficient Evidence to Determine an Association.
NAM does not make presumptive recommendations to VA. If confirmed, I am
committed to thoroughly review the evidence presented in the NAM report
and consult with VA epidemiology experts to determine the appropriate
course of actions that VA should take to address this issue.
Question 30. VA and DoL both different ``own'' portions of the
military to civilian employment transition. Explain how the Agencies
might better work together.
a. Do you believe that different functions being housed at
different Agencies is best for veterans? Do you anticipate advocating
for any changes in this regard?
Response. VA and DoL both different ``own'' portions of the
military to civilian employment transition. Explain how the Agencies
might better work together.
The Department of Veterans Affairs (VA) will continue to promote
the Department of Labor (DOL) Employment Workshop and work alongside
the Transition Assistance Program (TAP) interagency partners to support
transitioning servicemembers (TSMs), their families, and caregivers
throughout their transition journey. As required by the 2011 VOW Act,
VA continues to collaborate with DOL to better assist our TSMs in
achieving their post-military goals. There have been significant gains
in reducing unemployment among TSMs due to TAP components, such as the
employment workshops.
b. Do you believe that different functions being housed at
different Agencies is best for veterans?
Response. The needs of TSMs are multi-faceted and require a
holistic Federal Government approach. The interagency partners have
made progress toward making TAP more relevant and beneficial to TSMs,
even though each partner is responsible for components of transition
support. Interagency TAP has achieved operational efficiencies by
moving civilian career preparation and transition assistance from an
end-of-service event to involve planning across a servicemember's
entire military career.
c. Do you anticipate advocating for any changes in this regard?
Response. I will request the support of Congress in developing
data-sharing agreements among agencies and orchestrating the movement
of data collection processes to, for example, create a fast-track
authority for veteran outcome-associated research. If these data-
sharing agreements and fast-track authorities existed, interagency
partners would have more access to things like earnings data, which
could help inform enhancements to transition service delivery.
Question 31. 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. 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. The Department of Veterans Affairs (VA) Vocational
Rehabilitation and Employment (VR&E) program, also known as the Chapter
31 program, plays an integral role in the total rehabilitation of a
Servicemember or Veteran recovering from severe combat--related
injuries. VR&E staff are trained to provide a holistic approach to the
rehabilitation process. To accomplish this, VR&E assists Veterans and
Servicemembers with service-connected disabilities and an employment
barrier to prepare for, obtain, and maintain suitable employment. VR&E
provides comprehensive services to include vocational assessment,
rehabilitation planning, and employment services. For Veterans with
service-connected disabilities so severe that they cannot immediately
consider work, the VR&E program offers services to improve their
ability to live as independently as possible in their families and
communities.
VR&E remains engaged in a number of transformation efforts to
improve the delivery of rehabilitation services. These include the use
of Tele-counseling, which allows the VRC and participant to meet
remotely, if the participant wishes to utilize this technology. VR&E is
also in the process of transitioning from a paper-based model to a
digital and electronic system, which will decrease the amount of time
the VRC must spend on administrative tasks; allowing for more time to
be spent in a counseling relationship with each participant.
VR&E is also leveraging technology to implement a process where our
participants are reminded of upcoming appointments through a text
message on their mobile device.
Question 32. The Harry W. Colmery Veterans Education Assistance Act
is the most sweeping reform of VA education benefits since the Post-9/
11 GI Bill was passed into law. One section of this law directs VA to
extend up nine additional months of GI Bill benefits for veterans in
STEM programs that require more credit hours than a standard degree
program. If confirmed what will you do to ensure that VA implements
this provision in such a way that predatory schools don't inflate
program requirements to get access to this expanded benefit?
Response. Given its magnitude, Section 111 of Public Law 115-48
(STEM Scholarship) requires extensive work by VA to implement this
provision, so that Veteran students are able to maximize their benefits
while also ensuring safeguards are in place to protect beneficiaries
and taxpayers from ill-intentioned entities. Currently, VA is analyzing
statutory requirements to develop planning documents for the STEM
scholarship, which goes into effect August 1, 2019. VA has identified
the Regional Processing Office in Buffalo, NY, as the sole site
dedicated to processing and tracking the STEM Scholarship.
In further support and recognition of the STEM Scholarship's
uniqueness and significance, VA is hiring additional temporary staff in
Buffalo to stand this initiative up, process related claims, and
provide the necessary oversight to ensure statutory requirements are
met. VA is also working with its SAA partners to better understand STEM
program requirements, so that it can leverage such information and
available data as it sets program requirements and outlines its
oversight activities.
Question 33. 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 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. Recognizing the need to enhance burial access for
Veterans and their families, VA revised its national cemetery
establishment policy in 2011. With Congress' support, VA reduced the
Veteran population required to establish a new national cemetery from
170,000 to 80,000 residing within 75-miles of a proposed site.
VA's approach to cemetery establishment has served the Veteran
community very well for many years. Prior to the implementation of the
new policies referenced above, 88 percent of the Veteran population had
convenient access to a burial option in a national, state or tribal
Veterans cemetery (i.e. within 75 miles of their homes). After new
national cemeteries are established, VA will provide 95 percent of
Veterans with such access. VA is working to address the remaining five
percent.
I do not believe Congress should legislate the locations of new
national cemeteries. VA has worked very closely and cooperatively with
Congress over the years to implement burial policies that recommend the
placement of new cemeteries based on objective criteria to best serve
Veterans nationwide. VA moves proactively when revisions to policies
are needed to address emerging burial requirements. This degree of
flexibility would not be possible if legislation was needed to
determine cemetery locations.
Question 34. VA's capitol infrastructure has been underfunded for
some time at VA, many construction policies are old, and the workforce
requires further training; how will you examine VA's construction and
facilities practices and policies to ensure they are industry best
practices? What is your understanding of existing plans to reorganize
OALC and CFM and what action would you take to reorganize construction
activities, if confirmed?
Response. Over the past five years, VA's major construction (and
leasing) programs have undergone significant improvements to better
align with industry guidelines and best practices, update construction
policies and provide appropriate training to the facilities and
construction workforce. If confirmed, I will swiftly review these
operations to ensure we are applying best business practices.
VA is still considering the realignment of its Acquisition,
Logistics & Construction functions. VA has had the benefit of multiple
external reviews that provided many recommendations for improvement; I
am aware that VA Integrated Project Teams have completed significant
work, and that decisions are now needed on the way forward. I plan to
make those decisions as swiftly as possible, targeting key areas for
consolidation, eliminating unnecessary duplication and ambiguity, and
ensuring responsible and accountable leadership and management of the
capital programs at the VA with oversight at the highest levels of the
Department. This will allow for consistent application of industry best
practices and standards, as well as a more integrated and comprehensive
approach to training for the workforce.
Question 35. Previously, VA's recognized a need for market
assessments to help design high performing networks of care for
Veterans. Based on reports to Congress on Federal healthcare planning
and design, I are concerned VA does not have in-house experience
properly complete the assessments on its own. VA started and stopped a
project that would review each local market with the help of objective
experts in public sector and commercial healthcare planning. This
project takes on new importance given the assessments central
involvement in the Asset and Infrastructure Review Act of 2018. What is
your understanding of this program and when do you plan on reviving it?
Response. I understand that VHA did not voluntarily stop work on
the market assessments. In September 2017 the contract for the Market
Assessment work was awarded to PricewaterhouseCoopers. Unfortunately,
there was a contract protest on September 30, 2017 with an initial 60
day cease work order. After significant and continued delays, with
several extensions requested by the judge, a final decision against VA
was made on March 5, 2018.
VA is working on a plan to go forward. VA will file a corrective
action plan, and with a favorable decision by the judge, VA will be
back on track to gain contractor support to complete the market
assessment work.
These assessments will review in significant detail each of VHA's
96 markets for health care demand and available capacity through a
combination of care provided by VA, Academic Affiliates, federally
Qualified Health Centers, Indian Health Service, and private sector
capabilities.
Each VISN, with anticipated contractor support, will determine the
recommendations that will be considered for implementation to move
toward a fully integrated high performing network to best serve our
Veterans. Additionally, these market assessments will be used to create
a National Realignment Strategy as stipulated in the Appropriation Bill
of 2014, 2016 and most recently the 2017 Military Construction,
Veterans Affairs and Related Agencies Appropriation Bill.
Question 36. In your current role as Co-Chair of the Joint
Executive Committee, what value do you see that Committee improving
care and benefits for veterans and servicemembers? Specifically from
in-person meetings of the Committee, what insight did you gain into VA
operations and managing VA's bureaucracy?
Response. The Joint Executive Committee (JEC) provides the
foundation for strategic planning between the Departments. The JEC
leadership has strengthened collaboration and accountability through
the Joint Strategic Plan and annual guidance on priority initiatives
such as efficiencies in healthcare delivery and sharing, expanding
telemedicine, and developing closer coordination between DOD and VA
suicide prevention offices. As Co-Chair, I gained insight into VA's
efforts to adopt a new electronic medical record, improve medical
supply chain, and expand eligibility for mental health care. These
efforts are critical to ensuring we provide a seamless transition for
servicemembers, Veterans, their families and caregivers. I strongly
believe in holding senior leadership accountable for delivering results
and improving our capabilities to provide world-class service to our
customers.
______
Response to Posthearing Questions Submitted by Hon. Jon Tester to
Robert L. Wilkie, Presumptive Nominee to be Secretary, U.S. Department
of Veterans Affairs
Question 1. I'm sure you're aware of GAO's concerns that national
policies aren't implemented uniformly across the Department. Folks have
come to many of us expressing concerns about difficulties and
inconsistent applications of the Kingdomware case and VA's guidance on
set-aside rules. Earlier this year, the Appropriations Committee
directed VA to issue guidance that would help standardize contracting
officers' decisions nationally as they evaluate veteran-owned
businesses. Did you deal with this issue while you were Acting
Secretary and will you commit, if confirmed, to ensuring this guidance
is swiftly issued to maximize consistency across VISNs?
Response. I commit to conducting a thorough review of VA's
contracting processes and policies and will issue guidance to help
standardize contracting processes that provide maximum practicable
opportunities for veteran-owned businesses.
Question 2. The National Academies of Sciences has concluded that
bladder cancer, Parkinson-like syndromes and hypothyroidism have an
increased association with Agent Orange exposure. That update came out
in 2016, and despite letters, hearings, and public outcry, the VA still
has not made a decision on the findings in that report. In my opinion,
it is an embarrassment that these veterans are continuing to suffer
while waiting for VA to make a decision on extending presumptive
service-connection for these conditions. In fact, we've heard VA will
not be able to issue a decision on these conditions until 2020. In
response to my pre-hearing question, you stated, ``I am committed to
thoroughly review the evidence presented in the NAM report and consult
with VA epidemiology experts to determine the appropriate course of
actions that VA should take to address this issue.'' Will you commit to
making a final decision on these findings within 120 days of your
confirmation?
Response. If confirmed, I will review all available evidence within
120 days of my confirmation. While I am unable to commit to a specific
timeframe for a decision, I remain committed to reviewing all available
medical and scientific evidence related to findings on diseases that
are related to Agent Orange exposure, to include the National Academy
of Medicine (NAM) report. I will continue to consult with VA
epidemiology experts and policy staff to determine the appropriate
course of actions that VA should take to address the issues and its
association with exposure to Agent Orange.
Question 3. I am concerned about recent statements by the Acting
Secretary that suicide prevention is no longer THE top clinical
priority but one of many clinical priorities at VA. If confirmed as
Secretary, what should be VA's top clinical priority?
Response. There are many clinical priorities, but the overarching
priority, if confirmed, will remain suicide prevention. Every death by
suicide is a tragedy, and we will not relent in our efforts to connect
Veterans who are experiencing an emotional or mental health crisis with
lifesaving support. Suicide prevention ties into many Veteran issues,
such as opioid abuse, mental health, PTSD, homelessness etc. VA's
number one clinical priority has to be to reduce suicide and suicidal
behavior and that requires a focused, national approach to engage with
all Veterans whether or not they receive care in the VA.
Question 4. There has also been recent reporting on performance
metrics for Vet Center counselors--an underutilized resource for mental
health care. I'm glad we opened a new Vet Center in Missoula, and will
soon see a refreshed Vet Center in Billings. While we need performance
standards that are in tune with the needs of veterans and providers, I
also want to make sure that we have the right staffing mix. If
confirmed, will you commit to ensuring Vet Centers have the resources
they need to support their providers delivering the in-depth, detailed
care Vet Centers are renowned for and report back to us on your
findings?
Response. I will. The value that our Vet Centers provide to
Veterans, Servicemembers and their families is a critical component to
VA's efforts to deliver access to mental health services and inhibit
acts of suicide. I commit to ensuring that we have the right staffing
mix and resources across the VA and will work with you and other
members of Congress on our human capital plan.
Question 5. The Miller-Blumenthal Health Care and Benefits
Improvement Act contained a provision that any program approved for GI
Bill benefits that provides licensure or certification must meet any
state instructional curriculum licensure or certification requirements
and be licensed by that state board or agency. The VSO community has
expressed that many improper programs continue to receive GI Bill
funding. Will you commit to reviewing the implementation of this
statute, and providing the Committee with your findings within 120
days?
Response. Yes.
______
Response to Posthearing Questions Submitted by Hon. John Boozman to
Robert L. Wilkie, Presumptive Nominee to be Secretary, U.S. Department
of Veterans Affairs
I would like to bring to your attention an issue raised by my
constituents regarding a VA regulation for emergency ambulance
reimbursements for veterans.
When a veteran experiences a medical emergency and a bystander
makes the prudent decision to call for emergency ambulance service, the
veteran is rushed to the nearest medical facility that can treat the
potentially life threatening condition. This ``Prudent Layperson
Standard'' for emergency care is applied by all other Federal payers
and insurance companies when making their decision to reimburse
ambulance services for their provision of clinical care and transport.
Despite the fact that the ``Prudent Layperson Standard'' is
included in the VA's regulations, the VA is the only major payer that
applies it in a different manner. Instead of relying on the information
known at the time the ambulance paramedics and EMTs render care, the VA
requires hospital documents that contain the patient's final diagnosis
to decide after-the-fact whether the clinical care provided by the
ambulance service is covered. If the hospital records are reviewed by
the VA and it is determined that the patient's final diagnosis was not
necessarily emergent in nature, or if they are unable to obtain records
from the hospital and other providers who cared for the veteran on the
day in question, the claim for the ambulance service is denied. When
this happens, the veteran becomes responsible for the bill.
Question 6. Will you commit to addressing this issue of
reimbursement for emergency ambulance service providers and fixing this
problem to ensure veterans in Arkansas and around the country are not
left responsible for a bill for emergency ambulance services?
Response. Yes, I will commit to working on the issues surrounding
payment of emergency ambulance claims. The office of Community Care has
already begun implementing changes to meet the needs of our Veterans
and I will commit to providing proper oversight of this important
program
______
Response to Posthearing Questions Submitted by Hon. Bill Cassidy to
Robert L. Wilkie, Presumptive Nominee to be Secretary, U.S. Department
of Veterans Affairs
procurement
Question 7. A recent report by the Government Accountability Office
(GAO) raised concerns about inconsistent implementation at the regional
and local levels of national policies adopted by the Department. This
has been a particular problem in the contracting process, with local
contracting officers acting to overturn or deny contract awards based
on a misinterpretation of the Supreme Court's decision in the
Kingdomware case and the Department's related guidance regarding set-
aside rules.
Response. By overturning prior contract awards and declining to
exercise contract option years, some contracting officers are
potentially increasing costs for the VA and limiting Veterans' access
to quality care. What are the Department's specific plans to address
the GAO's findings and these serious concerns regarding inconsistent
decisionmaking in the contracting process?
I am unaware of the Department's specific plans to address the
GAO's finding but I commit to ensuring a full review of VA's
contracting policies and processes to ensure they comply with statute
and GAO's recommendations.
Question 8. In the Joint Explanatory Statement accompanying the
Fiscal Year (FY) 2018 Consolidated Appropriations Act, Congress
directed the VA to ``issue additional guidance to provide a standard
set of criteria for contracting officers to evaluate veteran-owned
providers' capabilities and to take steps to ensure their
implementation in a consistent manner across the VISNS, in alignment
with the GAO's recommendations, especially with regard to option
years.''
a. The Department is currently conducting a study of the impact of
the Kingdomware decision, including potentially increased costs for the
VA and reductions in access to care for Veterans. What conclusions have
been reached by the VA based on this analysis, and when will the
detailed findings be released for review by Congress and the public?
Response. I am unaware of the Department's specific plans to
address the GAO's finding but I commit to ensuring a full review of
VA's contracting policies and processes to ensure they comply with
statute and Federal regulations.
b. If confirmed, what immediate actions will you take as Secretary
to ensure the issuance and consistent implementation of new guidelines
to accomplish these objectives?
Response. I will commit to a full review of VA's contracting
policies and processes and will issue guidance to ensure VA complies
with statute and GAO's recommendation.
facilities
Question 9. A recent Inspector General Audit found that costs are
increasing for maintenance and repair work that has been put off for
years. As buildings in the VA system continue to age--and many are
already over 50 years old--isn't this problem only going to get worse?
Are these deteriorating buildings threatening the core mission of
delivering healthcare to our veterans and what do you plan to do to
address this issue if confirmed.
Response. Maintenance and modernization of its infrastructure must
be a priority of any healthcare organization in order to deliver state-
of-the-art healthcare in a safe and healing environment. It will be a
priority for VA as it strives to deliver quality healthcare at world-
class facilities. VA-owned facilities currently have facility condition
deficiency correction costs estimated at $20 Billion. The FY 2018
Budget and Infrastructure Plus-Up provides funding support for non-
recurring maintenance and minor construction programs at a level that
begins to address these facility deficiencies. I will continue to
support future budget requests that provide similar funding levels for
this purpose. Another priority will include a review of the VA
Strategic Capital Investment Plan and processes to assure VA does the
right project, at the right facility, and at the right time.
Question 10. Your background in defense makes you aware of the
Military Housing Privatization Initiative (MHPI), a Public-Private
Partnership which allowed the Department of Defense to address its
significant backlog of deferred maintenance. The Department of Housing
and Urban Development borrowed extensively from the MHPI model for its
Rental Assistance Demonstration (RAD) program to address a similar
backlog in our Nation's public housing. Since the VA is facing a
similar deferred maintenance problem, would you consider evaluating
elements of MHPI and RAD to address VA's facilities challenges.
Response. Yes, all ideas, to include evaluating MHPI and RAD, will
be on the table to address VA's facility challenges.
mission act
Question 11. Recently enacted into law, the VA MISSION Act provides
the VA an additional $5.2 billion to continue Choice through May 2019.
However, it is my understanding the MISSION Act doesn't authorize
additional resources to pay for the new program past May 2019 and into
2020.
With another funding gap on the horizon, it seems extremely
important that the VA continues to seek increased public-private
partnerships with capable organizations that can successfully fulfill
the needs of our Veterans while providing for efficient and effective
allocation of limited government resources.
These public-private partnerships can result in creative and
innovative ideas to provide enhanced benefits and services to our
Veterans.
Under your leadership, does the VA plan to seek new, innovative
approaches to leverage public-private partnerships and that stretch
limited government resources.
Response. Efficient and effective implementation of the VA MISSION
Act is critical and one of my top priorities. I would be open to new
and innovating approaches, to include public-private partnerships,
which help fulfill the needs of Veterans while providing for efficient
and effective allocation of limited resources.
electronic health record
Question 12. In January 2018, the GAO issued a report on VA's
health IT Modernization, EHR. It noted `` the Department's dedication
to completing and effectively executing the planning activities that it
has identified will be essential to helping minimize program risks and
expeditiously guide this latest electronic health record modernization
initiative to a successful outcome--which VA, for almost two decades,
has been unable to achieve.''
Response. Without leadership and appropriate oversight the EHR
program will not be successful. History has demonstrated that time and
time again. On January 2018, the then Secretary signed organization
charts for the EHR program which outlined the planned approach for
phase 0 and phase 1. Both phases had the Deputy Secretary in charge of
this important, critical initiative.
a. Given that the Deputy Secretary position is vacant, who do you
think should be in charge of EHR? And if the Deputy Secretary, who
should take their place as that position is now vacant? Who should be
held accountable?
Response. I am fully committed to the successful implementation of
the new EHR program. The EHRM Program Executive Officer, Mr. John H.
Windom, is leading VA's EHR effort and if confirmed, will report
directly me as the SECVA until an Acting Deputy Secretary is selected.
The EHRM leadership team includes senior leaders permanently assigned
from the Veterans Health Administration (VHA) and VA's Office of
Information and Technology (OIT). This organizational alignment will
enhance senior leadership engagement across the VA, as well as the
appropriate strategy alignments with VHA and OIT leadership.
b. The Department of Veterans Affairs operates the largest
integrated health care system. The VA is undertaking an historic
electronic health care record modernization program that could solve
some of the health industry's long-standing challenges with respect to
interoperability. To support this effort, a number of leading health
systems voluntarily announced their support via an ``Open API Pledge''
which will advance API standards development and use. What are your
thoughts on the continuation of the ``Open API Pledge'' and if you are
not supportive of the pledge, how will you achieve true
interoperability?
Response. The interoperability of the new electronic health records
system will connect VA to the DOD, private doctors and private
pharmacies to create a continuum of care and organize the healthcare
around our veteran's needs. An ``Open API Pledge'' is critical to
success and I anticipate that this system will push industry to solve
long-standing challenges with respect to interoperability.
______
Response to Posthearing Questions Submitted by Hon. Mike Rounds to
Robert L. Wilkie, Presumptive Nominee to be Secretary, U.S. Department
of Veterans Affairs
Question 13. Has the VA considered consulting with CMS on best
practices to combat potential waste, fraud and abuse that may occur in
the VA's legacy and future community care programs, to include the use
of third-party contractors with expertise in identifying waste, fraud
and abuse in other Federal programs?
Response. I understand VA and Centers for Medicare and Medicaid
Services (CMS) recently established a partnership focused on maturing
VA's Seek to Prevent Fraud, Waste, and Abuse (STOP FWA) initiative. VA
and CMS each pay billions of dollars to community healthcare providers
and will mutually benefit from aligned efforts for detecting and
preventing fraud, waste, and abuse. Through the partnership, VA and CMS
are working to put the required data sharing agreements in place to
perform analytical comparisons, establish best practices, and share
lessons learned between agencies. If confirmed I will continue to
utilize the CMS partnership to expand opportunities to reduce VA's
exposure to fraud, waste, and abuse.
______
Response to Posthearing Questions Submitted by Hon. Dan Sullivan to
Robert L. Wilkie, Presumptive Nominee to be Secretary, U.S. Department
of Veterans Affairs
Question 14. Now that the VA is moving from a 2 region model
(Triwest/HealthNet) toward the CARE concept and a 4 region model, the
Community Care (CC) office has carved out Alaska into its own region
due to high costs of serving the AK market. Upon confirmation, please
commit to consulting with AK VA Healthcare System (AK VAHS) Director
Dr. Timothy Ballard on the feasibility of allowing the local VA to
assume oversight of the AK healthcare market as they did back in 2013.
This includes setting up the provider network with provider agreements
and taking back the billing/reimbursement process for Alaskan
providers.
Response. If confirmed I intend to fully implement the community
care provisions of the John S. McCain III, Daniel K. Akaka, and Samuel
R. Johnson VA Maintaining Internal Systems and Strengthening Integrated
Outside Networks (MISSION) Act of 2018 and will work with all
stakeholders, including the AK VA Healthcare System to ensure VA meets
the requirements of the law when implementing the provider network.
Question 15. I am asking these questions on behalf my constituent,
DA Anderson: ``What is your vision for the VA in going forward? How can
the VA be run more like a business that has accountability for its
actions and treats the veterans of this country with fairness and
respect.
Response. My priorities are to: improve the culture--offer world
class customer service; improve access to care through implementation
of the MISSION Act and transformative IT Modernization such as the
Electronic Health Records Program; reduce the backlog of claims and
payments; and business transformation including reform of the human
resource systems. VA has established reform working groups that meet
weekly and if confirmed, I will get frequent updates in daily meetings
and ``walk my post'' to get personal updates as well. I commit to
accountability and transparency and will work with our partners in
Congress, VSOs, and Veterans to ensure all veterans receive the care
and benefits they have earned.
Question 16. I am asking this question on behalf my constituent,
Tony Molina: ``I would like to ask if our VA can establish a special
help desk for VSO and Tribal Veteran Representatives, so when a family
member asks for a copy of their DD214 today, [they can receive
immediate assistance.] I have been given many answers but there is
still no quick way for us to attain a DD214 . . . with one phone call
and online takes forever.''
Response. VBAs Nashville VA Regional Office already maintains a
dedicated toll-free number available to all veteran service officers
(VSO) and Tribal Veteran Representatives (TVR). That number is 1-855-
225-0709. Additionally, accredited VSOs and TVRs can also print a DD
Form 214 directly from VBAs electronic systems.
Question 17. I am asking this question on behalf my constituents,
Bob and Judy Lavigne: ``We called one of the VA phone numbers and they
said on the recording that if there was someone who was feeling
suicidal to call a hotline number or call 911. So why is it that the VA
phone systems cannot give an immediate option to press a number to go
immediately to the hotline or to the 911 services.
Response. VHA Office of Mental Health and Suicide Prevention
(OMHSP) has worked closely with the VHA Office of Information and
Technology (OI&T) since 2016, in order to implement a Press 7 option at
all VA medical centers (VAMC), VA Community-Based Outpatient Clinics
(CBOC), and VA Outpatient Clinics (OPC). Implementation of Press 7
ensures that Veterans calling a facility receive the same messaging and
can connect immediately and directly to a Veterans Crisis Line (VCL)
responder by pressing the number seven.
To date, VA has implemented Press 7 in 100% of all VAMC main
telephone numbers, and approximately 75% of all CBOC and OPC facility
telephone numbers. Remaining facility implementations are dependent on
needed OI&T enhancements, budgetary factors, and contract
modifications. I would ask OMHSP to further coordinate with VHA and
OI&T until full implementation is achieved.
Question 18. I am asking this question this on behalf my
constituent, Bejean Page: ``Can you seek out veterans [upon
confirmation] and ask them what they need.
Response. Customer services for our veteran's in my prime directive
and when a veteran comes to VA it is not up to him to employ a team of
lawyers to get VA to say YES. It is up to VA to get the Veteran to
YES--that is customer service.
Question 19. I am asking this question on behalf my constituents,
Mike and Sandy Coons: ``Why can't vets with 20 plus year or 100%
disability get full dental coverage for all needs, routine cleanings,
fillings, crowns, dentures, partials, etc.
Response. All 100% (total) service-connected-disabled Veterans by
scheduler rating or individual employability are eligible for
continuing comprehensive care. Federal statute defines the eligibility
and scope of care provided by VA dental services as cited in the United
States Code and the Code of Federal Regulations. These laws and
regulations mandate dental care as a benefit for specifically defined
Veterans groups.
Question 20. I am asking this question on behalf my constituents,
Bob and Judy Lavigne: ``Retired disabled vets have access through the
VA, but also carry the TRICARE military insurance. The VA process is
very time-consuming or slow. We find that the veteran affairs primary
doctors or Nurse Practitioners seem to be unwilling to refer us via the
TRICARE (to any other region in TRICARE) from when requested by
veterans to reach specialty doctors on the outside that are already
part of the TRICARE (TriWest) service or network partners for quicker
access. Also, the regions for the VA and the regions for the TRICARE
create difficulty to receive services because of the delays trying to
cross over the region lines.
The regions need to be seamless for the veteran. We understand it
might work for the VA and TRICARE to have management regions, but it
doesn't work well for the veteran when we have to see doctors outside
of our region or if we want to have services provided that might put us
in the hospital and/or we want to be closer to family (especially for
people in Alaska). Also, when we travel outside of Alaska to go see
family members or for recreation, it is not a streamlined process for
us to go see another doctor without having to call for some pre-
authorizations to make sure that we're covered and the time zones from
the East Coast to Alaska definitely doesn't help us at all trying to
call back to Alaska during the day. So typically, we use urgent care or
emergency room visits using our TRICARE services and we pay the co-
pays. Then we have to get copies of the records to bring back to the VA
so they can scan them into MyHealth. Can you please improve this.
Response. I commit that VA and DOD will continue to partner and
seek to identify new and innovative methods for coordinating care for
our Veterans.
______
Response to Posthearing Questions Submitted by Hon. Patty Murray to
Robert L. Wilkie, Presumptive Nominee to be Secretary, U.S. Department
of Veterans Affairs
transgender veterans
You played a key role in developing the Administration's ban on
transgender troops. Thousands of transgender veterans rely on VA for
their health care.
Response. This characterization is incorrect. I recused myself from
that decision and had no role in the formulation of that policy.
Question 21. Will health care services provided to transgender
veterans change if you are confirmed to lead the Department?
Response. I assure you that all veterans, regardless of race,
gender or sexual orientation, will be treated with the respect and
support they deserve. VA is proud to provide care, benefits and other
VA services to all Veterans, including transgender Veterans. That
policy will remain unchanged.
Question 22. Will eligibility for benefits change for transgender
veterans?
Response. All veterans, including transgender veterans, will remain
eligible for VA benefits.
Question 23. Under the Trump Administration, the Department of
Health and Human Services has indicated it will roll back protections
designed to ensure transgender Americans are not discriminated against
when seeking health care. Do you agree or disagree with the
Administration's policy of undermining health care access for
transgender Americans?
Response. I would refer you to the Department of Health and Human
Services for questions about HHS policy, but as for VA, the department
is proud to provide care, benefits and other VA services to all
Veterans, including transgender Veterans. That policy will remain
unchanged.
Question 24. Will VA employees be treated with dignity and respect
without fear of employment discrimination or harassment due solely to
their gender identity or support for transgender individuals?
Response. Yes, VA's EEO policy currently addresses these
protections for LGBT employees. If confirmed as Secretary, I will re-
issue and reaffirm this commitment. It is the policy of the Federal
Government to treat all employees with dignity and respect and to
provide a workplace that is free from discrimination whether that
discrimination is based on race, color, religion, sex (including gender
identity or pregnancy), national origin, disability, political
affiliation, marital status, membership in an employee organization,
age, sexual orientation, or other non-merit factors.
diversity
According to the Washington Post, you had worked as a staff member
of Majority Leader Lott to oppose an equal pay resolution in the Senate
in 1997.
Response. That's not entirely correct. I was the floor manager for
the majority leader. Senator Lott's instructions were that he saw every
piece of legislation that came through. I took this issue to him, and
he and the staff responsible for that issue made changes. I was not an
expert in that field and my involvement was limited to communicating
the changes the senator and his staff requested.
Question 25. Do you support equal pay for equal work, and would you
support a resolution affirming that women should be paid equally for
equal work in the VA and all workplace?
Response. I support equal pay for equal work. Pay parity is very
important. If confirmed, I will place a renewed focus on hiring
employees with the right skills, passion, and commitment to provide
timely, quality and customer-focused support for our Nation's Veterans.
I will make certain the VA Leadership Team understands that to be a
model employer, we must ensure that all employees are treated fairly
and equitably. I will direct the VA's Corporate Senior Executive
Service Management Office to review and evaluate the effectiveness of
existing executive pay-setting practices to ensure we are making pay
decisions--equal pay for equal work--that are fair to all employees.
It has also been reported that you attended Confederate memorial
ceremonies and fought to protect images of the Confederacy in a United
State patent.
Given how so many veterans and other Americans view the Confederate
flag and the associations it has with slavery and the darkest moments
of our Nation's history--
Question 26. How would you assure people that under your
leadership, VA would be truly committed to diversity and opposed to
racism--and what specific steps would you take to make this a reality?
Response. I am committed to a diverse and inclusive workplace. I
understand that diversity and inclusion are essential for a high-
performing organization that delivers the best service to our Nation's
Veterans. If confirmed I will affirm my commitment to anti-
discrimination to include discrimination based on race, through
issuance of a non-discrimination policy. I will hold individuals found
to have engaged in discrimination accountable for their conduct through
swift investigations and timely disciplinary action. I will ensure all
VA leaders and employees are trained on the EEO laws and processes for
reporting discrimination as well as the consequences when findings of
discrimination are confirmed.
Question 27. Would you support Confederate flags at VA facilities
or cemeteries?
Response. NCA permits the display of the Confederate flag in
national cemeteries where Confederates are interred only on Memorial
Day or a State-observed Confederate Memorial Day, or an ``in lieu of''
Confederate Memorial Day (if Confederate Memorial Day is not observed
by the State). Display of the Confederate flag is permitted only at the
gravesite or memorial for a Confederate soldier, or as part of a
ceremony when carried by an individual and placed in a temporary stand.
The Confederate flag is never flown from a permanently fixed flagpole
at a VA national cemetery.
Question 28. Please submit for the record the text of any speeches
or remarks you gave at Confederate memorial events.
Response. The memorial ceremonies at Arlington Cemetery which I
attended or made remarks at were all DOD-sanctioned events with broad
attendance and recognition by U.S. Presidents and elected leaders of
both political parties. President Barack Obama sent memorial wreaths to
the event, as did President George W. Bush before him. The annual
Confederate Wreath Laying Ceremony honors all veterans who served in
the Civil War. It has also included special recognition of African-
American Buffalo Soldiers in addition to Confederate, and Union
Soldiers. The sanctioned events included participation from U.S.
military bands at Arlington Cemetery. I did not keep copies of the
remarks as they were made over 15-20 years ago.
sexual harassment
You were a key player in implementation of the Department of
Defense's new sexual harassment policy. Currently VA has significant
problems in this area, including as shown in a recent report by the
Merit Systems Protection Board. In your confirmation hearing you
indicated you would do a comparison between the Department of Defense
policy and VA policy.
Question 29. In your view, what types of policies are most
effective in combatting sexual harassment in the workplace?
Response. If confirmed, I will ensure the VA's policy fully
complies with EEOC guidance and I will ensure such policy is
disseminated throughout the workplace on a regular basis. As the
Secretary I will firmly and clearly indicate to VA employees what is
unacceptable, as well as the process for filling complaints and
emphasize that the VA will protect the confidentiality of harassment
complaints.
I will not tolerate or condone sexual harassment. Sexual harassment
weakens trust within VA and is fundamentally at odds with the
obligations of Federal employees to treat others with dignity and
respect.
Question 30. Please provide more information about how you will
work to change the culture at VA to reflect American values and
standards of behavior.
Response. The vast majority of VA employees work hard every day to
do the right thing for our Nation. Their commitment to public service
is in keeping with American values and standards of behavior. If
confirmed, I will focus on creating a culture that is psychologically
safe so that employees and Veterans alike will be comfortable bringing
concerns to the forefront and can be confident that their concerns will
be addressed fairly and quickly. I will also utilize annual employee
surveys to gauge organizational health and to help focus efforts on a
Veteran-focused culture and work place improvements.
education
Question 31. The Forever GI Bill included provisions restoring
benefits to veterans who attended Corinthian Colleges, Inc. and ITT
Education Services, Inc.. However, VA has struggled to get in contact
with potential beneficiaries and has had a low level of take-up in
benefits restoration. What methods would you commit to employing to
ensure that benefits restoration is provided to all of those eligible?
Response. If confirmed I will work with VBA leaders to ensure
proper notification is made to eligible beneficiaries.
Question 32. Many outside experts and veterans service
organizations have indicated that they believe the ``90/10 loophole''
results in the improper targeting of veterans by predatory colleges and
training programs. Do you believe it is reasonable to close the ``90/10
loophole'' for for-profit colleges, and to count veteran and military
benefits as part of the 90 percent cap on Federal funding? If not,
please explain why you do not think this is reasonable.
Response. The ``90/10 rule'' is a restriction on Federal Student
Aid funding and is administered exclusively by the Department of
Education. While VA defers to the Department of Education (ED) on the
90/10 calculation, there is an argument for including the Post-9/11 GI
Bill in the 90 percent cap. Under the present structure, some
institutions may be marketing to Veterans because the Federal education
benefits they receive are treated the same way as private funds in the
90/10 calculation. I believe institutions should not aggressively
recruit Veterans principally because of financial motives.
I would welcome the opportunity to work with ED and the Committee
if it considers changes in this area.
Question 33. After the confirmation hearing for Former Secretary of
Veteran Affairs David Shulkin, he was asked in writing whether
Department of Veterans Affairs Post-9/11 GI Bill and Department of
Defense Tuition Assistance benefits, paid for by Federal taxpayers, are
Federal funds. He replied simply ``Yes'' that they are indeed Federal
funds. Additionally, a Senate Appropriations Committee hearing last
year with Secretary of Defense James Mattis, he was asked a similar
question, and Secretary Mattis said that ``with respect to the
Department of Defense Tuition Assistance benefits, yes, the Department
agrees that these benefits are Federal funds approved by Congress.'' Do
you believe that GI bill benefits, paid for by Federal taxpayers, are
Federal funds?
Response. Yes.
Question 34. Do you believe it is reasonable to expect that
institutions of higher education receive at least 15 percent of their
revenues from sources other than taxpayer dollars, including veterans'
benefits? If not, please explain why you do not think this is
reasonable.
Response. I defer to the Department of Education regarding the
``90/10 rule'' and/or whether such percentages are reasonable but
welcome the opportunity to work with ED and Congress if changes are
warranted
Question 35. The U.S. Department of Education (ED) recently
announced a process to share data with VA to enable the discharge of
Federal loans for totally and permanently disabled veterans with a 100
percent service-connected disability. This arrangement allows ED to
identify such veterans who are eligible, but still requires them to
submit a form to process this discharge. I have previously called on
these discharges to be automatic for totally and permanently disabled
veterans, particularly given that there are no tax consequences to the
discharge. Do you agree that these loan discharges should be automatic?
Response. Yes, however I defer to the Department of Education as to
the feasibility of such automation.
Question 36. The Consumer Financial Protection Bureau (CFPB) is
currently involved in litigation with Navient, one of the Nation's
largest student loan companies, which has been alleged to have harmed
millions of student loan borrowers, including thousands of disabled
veterans. Can you commit to meeting with Acting Director Mulvaney, or
his successor, to discuss the allegations of harm against veterans by
the student loan industry, including Navient?
Response. Yes.
Question 37. The Department of Defense has called the Public
Service Loan Forgiveness (PSLF) program a ``powerful incentive for
public service-minded people to pursue a career in the Armed Forces of
the United States.'' Do you agree that the PSLF program is an important
tool for VA to recruit qualified individuals to serve our Nation's
veterans?
Response. I agree that PSLF is a powerful incentive for public
service and has been a great recruiting program for the DOD. If
confirmed, I look forward to reviewing programs such as the PSLF to see
if it makes sense at the VA.
______
Response to Posthearing Questions Submitted by Hon. Bernard Sanders to
Robert L. Wilkie, Presumptive Nominee to be Secretary, U.S. Department
of Veterans Affairs
Question 38. It is my understanding that you support President
Trump's ban on transgender servicemembers. Quite frankly, I think this
ban is reprehensible for both moral and national security reasons, and
I am extremely disappointed to see you support it. I am also gravely
concerned about how this support will influence your actions if you are
confirmed as the Secretary of the VA. Right now, we have transgender
veterans throughout this country who are entitled to, and receive,
health care at the VA. Can you assure me that, if you are confirmed,
you will take no action to limit access to care to transgender veterans
and you will endorse all activities of the VA that support our LGBT
veterans?
Response. I assure you that all veterans, regardless of race,
gender or sexual orientation, will be treated with the respect and
support they deserve. VA is proud to provide care, benefits and other
VA services to all Veterans, including transgender Veterans. That
policy will remain unchanged.
Question 39. During our conversation last week, I very much
appreciated your clear understanding of the value of, and science
behind, integrative health care - practices like yoga, guided
meditation, and acupuncture. I have long fought to increase access to
these proven-effective health care options for veterans. If confirmed,
will you commit to work with me and the Committee to continue the
expansion of these options within the VA - both at medical centers and
clinics?
Response. If confirmed, the continued exploration of complementary
and integrative health care for Veterans would be a priority of the VA.
To successfully integrate these approaches into clinical practice,
however, we must commit to shifting the entire model of health care
delivery to a whole health system of care. This redesign of health care
to help people live their fullest life is modeling the future for the
VA, and for the Nation.
Question 40. How much additional funding do you think the VA needs
to really expand these integrative health care services to the veterans
that could benefit from them?
Response. If confirmed, I will research and will work with you to
ensure proper funding for integrated health care services.
Question 41. As women continue to play a vital role in our military
operations, it is my belief that we have an obligation to honor their
service and sacrifice when they return home and transition to civilian
life. Can you expand on how you will specifically address and improve
essential health care services for women veterans at VA facilities?
Response. If confirmed, I will ensure the VA meets the needs of the
increasing number of women Veterans through increased access to women's
health providers, training for providers in rural areas, and enhanced
access to health services through telehealth.
I will ensure that privacy and safety of women Veterans remains a
high priority and that the VA is continually working to improve
standards and maintain facilities to provide gender-specific healthcare
delivery in a sensitive and safe environment.
Question 42. I appreciate your acknowledgement, both in our meeting
and in your public testimony, of the importance of the communal aspect
of the VA, as a place where veterans know their unique experiences are
understood. How will you make sure that any VA resources directed into
private care are matched by spending on internal VA needs such as
infrastructure and hiring, making sure that we have a strong VA into
the future?
Response. VA healthcare should be centered around what is best for
that individual veteran and should be integrated, agile and adaptive.
In some cases that requires VA medical facility care and in other cases
it requires community care. If confirmed, I commit to working with
Congress and the VSOs to develop a program that ensures proper funding
for both VA facilities and the community care program.
______
Response to Posthearing Questions Submitted by Hon. Sherrod Brown to
Robert L. Wilkie, Presumptive Nominee to be Secretary, U.S. Department
of Veterans Affairs
Question 43. The VA has been treating our servicemembers since the
1930's and the buildings that house these medical centers are rapidly
aging. Can you commit to allocating the resources required to modernize
and upgrade aging VA medical facilities if confirmed?
Response. Maintenance and modernization of its infrastructure must
be a priority of any healthcare organization in order to deliver state-
of-the-art healthcare in a safe and healing environment. It will be a
priority for VA as it strives to deliver quality healthcare at world-
class facilities. VA-owned facilities currently have facility condition
deficiency correction costs estimated at $20 Billion. The FY 2018
Budget and Infrastructure Plus-Up provides funding support for Non-
Recurring Maintenance and Minor Construction programs at a level that
begins to address these facility deficiencies. I will continue to
support future budget requests that provide similar funding levels for
this purpose. Another priority will include a review of the VA
Strategic Capital Investment Plan and processes to assure VA does the
right project, at the right facility, and at the right time.
Question 44. What are your plans to align the VA's physical
infrastructure with the services that they provide?
Response. VA intends to conduct market area assessments for each of
VHA's 96 markets and to evaluate each market to determine supply and
demand of healthcare services and what health care services are
available. Through the conduct of the market assessments, VHA can
thoughtfully, with a uniform methodology, create a high performing
network in each market to improve and expand access to care for
Veterans.
Once the market assessments are complete and the evaluation is
done, and if they show a need to reconsider the current allocation of
resources, then a realignment strategy can be contemplated. I would ask
VA to maintain points of care through VA providers and external
partnerships and will strive to enhance the convenience and quality of
services offered.
Question 45. The Military Housing Privatization Initiative (MHPI)
was established to ensure that the military had the flexibility to
address pressing housing needs for our veterans. The program has
reportedly suffered from extreme maintenance and repair backlog that
threatens the safety of thousands of vets and their families. What are
your plans to eliminate this backlog if confirmed?
Response. MHPI is a DOD program. If the program suffers failures,
if confirmed, I will identify those shortcomings that are impacting
former servicemembers so that the Pentagon may address them.
______
Response to Posthearing Questions Submitted by Hon. Richard Blumenthal
to Robert L. Wilkie, Presumptive Nominee to be Secretary, U.S.
Department of Veterans Affairs
transgender veterans
Question 46. Please provide a written commitment that you will not
deny transgender veterans access to the specific health care and
resources they need - including the care they currently can receive
through VA such as gender transition counseling, evaluations for
hormone therapy, and evaluations for gender transition surgeries.
Response. VHA policy on the treatment of transgender Veterans has
been unchanged since 2011 and was renewed in May 2018 as VHA Directive
1341. The services that you listed are all covered care under this
policy. VHA Directive 1341 does not expire until May 2023.
Question 47. As Undersecretary for Personnel and Readiness, you
were responsible for overseeing DOD's transgender service panel. Can
you please provide answers to the following questions:
a. Please provide a list of the medical professionals with
expertise in gender dysphoria who testified before the panel and a
description of their expertise, as well as a list of the medical
professionals with expertise in gender dysphoria who were involved in
drafting the report and recommendations and a description of their
expertise.
Response. Because this matter is subject to ongoing litigation in
multiple Federal courts in which the government is asserting
privileges, lodging objections to requests for information, and relying
on existing protective orders to ensure robust deliberation and protect
confidential and sensitive information, I am unable to provide details
regarding the names of individuals who advised or provided information
to the Panel of Experts. However, the Department's Report and
Recommendations on Military Service by Transgender Persons describes
the process and the categories of individuals the Panel consulted on
pages 17-18 and provides a thorough explanation of the Department's
recommendations on pages 32-43.
b. Please provide a list of any government employees who testified
before the panel, as well as a list of any government employees who
were involved in drafting the report and recommendations.
Response. Same answer as above.
c. Please provide a list of any other non-government employees who
testified before the panel, as well as a list of any other non-
government employees who were involved in drafting the report and
recommendations.
Response. Same answer as above.
interference in va operations by private citizens
Question 48. There are several reports of individuals using their
political connections to the President to influence the VA with little
to no transparency of the nature of these contacts. Please provide the
Committee records of your contacts with CEO of Marvel Entertainment,
Ike Permutter; West Palm Beach physician, Dr. Bruce Moskowitz; and
restructuring consultant at Alvarez & Marshal, Mark Sherman while you
served as Acting Secretary or while awaiting your confirmation. Please
provide the date of each contact, the purpose of the contact, and
disclose any information you provided to them concerning the VA.
Response. I met with Ike Permutter, Dr. Moskowitz, and Mark Sherman
on April 19th, 2018 while serving as Acting Secretary. They are all
great Americans who are concerned about veterans. I also met with many
others throughout my tenure who sought to make progress at the VA. I am
willing to listen to any and all who care about veterans and who seek
to improve veteran's experience.
recognizing service-connected radiogenic disabilities for
palomares veterans
Question 49. In 1966, approximately 1,600 servicemembers
participated in the clean-up of plutonium dust dispersed by the
conventional explosion of two U.S. nuclear bombs that resulted from a
mid-air collision near Palomares, Spain. To date, the VA has failed to
exercise its authority to presumptively recognize the connection of
radiogenic diseases these veterans suffer to their service cleaning up
radioactive dust.
a. If confirmed, will you commit to reviewing the claims of
Palomares veterans suffering from service-connected radiogenic
disabilities and diseases?
Response. Yes.
b. Can you please describe the process you will use to evaluate the
claims of Palomares veterans and what steps you will take to ensure
their claims are given a full and fair review?
Response. I am committed to fair and sympathetic evaluation of all
disability claims from Veterans potentially exposed to nuclear
radiation. VA laws provide presumptive service connection for Veterans
directly associated with nuclear detonations and testing. Procedures
are also in place to evaluate potential ionizing radiation exposure
among Veterans involved with clean-up operations of radiation
contaminated sites, such as Palomares. All claims of service connection
for radiogenic diseases are evaluated on case-by-case bases with input
from VA and Department of Defense (DOD) medical personnel.
Question 50. The VA has relied on the Air Force's scientifically
flawed dose estimate methodology which underestimates radiation
exposure, thus denying service-connected disability claims for
radiogenic diseases by Palomares veterans.
If confirmed, will you use your authority to ensure the VA relies
on a scientifically valid dose estimate methodology to evaluate
service-connected radiogenic disability claims, including for Palomares
veterans?
Response. Yes I would.
______
Response to Posthearing Questions Submitted by Hon. Mazie K. Hirono to
Robert L. Wilkie, Presumptive Nominee to be Secretary, U.S. Department
of Veterans Affairs
transgender veterans
Question 51. In your current position as Undersecretary of Defense
for Personnel and Readiness, you played a central role in implementing
President Trump's transgender ban in the military, a blatantly
discriminatory attack on those who have volunteered to risk their lives
for our country. You told me in our meeting that VA needed to become a
more welcoming place for all veterans especially for women veterans.
a. Does this welcome extend to transgender veterans?
Response. Yes. I value the service of all veterans regardless of
race, gender or sexual orientation, and they will all be treated with
the respect and the support they deserve. VA is proud to provide care,
benefits and other VA services to all Veterans, including transgender
Veterans. That policy will remain unchanged.
b. How do you justify the transgender ban you implemented while
also stating you wish to make the VA more inclusive?
Response. I recused myself as a voting member on the DOD
Transgender Panel of Experts because I was sworn in as Undersecretary
toward the end of the process. This policy decision was not implemented
while I was Undersecretary and in fact, DOD continues to comply with
the court order accessing transgender applicants and retaining
transgender servicemembers for military service beginning Jan. 1, 2018.
ethics
Question 52. If you were asked by the President or anyone in the
Administration to do something illegal, unethical, or immoral, would
you comply? If not, would you be willing to resign?
Response. I have not in the past, nor would I do anything illegal,
unethical, or immoral, even if asked to do so by someone in the
Administration. Yes, I would be willing to resign.
plan to end veteran homelessness
Question 53. As Secretary, you will be responsible for managing
over $1 billion in funding to assist homeless veterans and their
families. While we have made progress in reducing veteran homelessness
(47 percent decline since 2010), the VA did not meet its goal of ending
it by the end of 2015.
Moving forward, if confirmed, what is your plan to realize this
goal and also improve the transition process to prevent homelessness?
Response. The number of Veterans experiencing homelessness in the
United States declined by nearly half since 2010. Nationally, the total
number of homeless Veterans from the January 2017 point in time count,
was just over 40,000. While this represents a slight increase in
Veteran homelessness over 2016, decreases in Veteran homelessness in
the majority of the Department of Housing and Urban Development (HUD)
Continuums of Care in 2017, coupled with the overall decline in Veteran
homelessness since 2010, demonstrate that the evidence-based strategies
employed by the VA and its partners to help Veterans become and remain
permanently housed are working. I am committed to prioritizing this
issue through continued efforts and collaboration with our Federal,
state and community partners and other stakeholders.
communication between va and veterans
Question 54. One of the issues I often hear from veterans in Hawaii
is the lack of access to information and VA outreach to the neighbor
islands on their earned benefits. If confirmed, can you keep an open
line of communication between VA and veterans of all generations using
the methods of communication they feel most comfortable with?
Response. Yes. Absolutely I will.
veteran small business contracts at va
Question 55. The VA is required by law to prioritize veteran-owned
small businesses in procuring its goods and services. However, I have
been hearing from veteran small businesses in Hawaii and nationally
that the VA has not fully complied with this mandate. What actions will
you take to ensure the Department is meeting this obligation to veteran
small business owners?
Response. If confirmed, I plan to do a full review of VA's
contracting programs to ensure VA has fully complied with statute and
Federal regulations.
filipino veterans equity compensation fund
Question 56. The American Recovery and Reinvestment Act of 2009
established the Filipino Veterans Equity Compensation Fund that
provides a one-time benefit payment to eligible Filipino World War II
veterans. Over 40,000 claims for this one-time benefit were received
and processed. While more than 18,000 claims have been approved, nearly
24,000 were denied. As of September 2017, VA estimates 11 appeals were
pending with VBA and the Board of Veterans' Appeals. These cases can
ultimately be appealed the Court of Appeals for Veterans Claims as
well. As the Filipino veterans are now in their 90s, the urgency of
resolving their applications cannot be emphasized enough. Can you
commit that you will not use FVEC funds for unrelated purposes, make
their claims a priority and work with advocates like the Filipino
Veterans Recognition and Education Project so that they receive the
benefits they earned?
Response. Yes.
______
Response to Posthearing Questions Submitted by Hon. Joe Manchin III to
Robert L. Wilkie, Presumptive Nominee to be Secretary, U.S. Department
of Veterans Affairs
Question 57. With VA's expertise on substance abuse and the
Department's robust Office of Research and Development, I believe that
the VA is well equipped to be on the forefront of alterative pain
therapy research for the entire country.
a. Please elaborate on how you will increase the number of
alternative treatments for pain management.
Response. Effective pain management is a research priority for VA
Office of Research and Development (ORD). ORD's pain portfolio consists
of many different non-pharmacological approaches to treat chronic pain,
including movement-based (e.g. exercise, activity, tai-chi, yoga,
etc.), massage, acupuncture, acupressure, light, biofeedback (e.g.
virtual reality), electrical stimulation (e.g. spinal cord stimulation,
nerve stimulation, brain stimulation), bio-behavioral (e.g. peer-
coaching, cognitive behavioral therapy, acceptance-based therapy),
orthotic (e.g. smart canes, foot orthoses), and cell-based
(regenerative medicine for intervertebral disc and knee meniscus)
approaches.
b. What investments will you make and are there authorities you
need from Congress?
Response. If confirmed, I will ask ORD to continue to encourage its
investigators to study the use of innovative non-pharmacological
approaches to treat chronic pain and strengthen collaborations with
clinical partners to provide clinical evidence to support the use of
these non-pharmacological approaches for Veterans in the clinic. I will
work to ensure adequate funding is available to continue this important
work.
Question 58. The VA has pursued a number of significant electronic
health record (EHR) modernization efforts over the past two decades
with lackluster results. This includes the `integrated EHR' (iEHR)
initiative, a joint program between the VA and DOD that was intended to
replace their separate EHR systems with a single, shared system; iEHR
was abandoned in February 2013 and the Secretaries of VA and DOD
announced they would not continue development of a joint system.
a. How is the current EHR modernization (EHRM) initiative distinct
from previous efforts?
Response. The current solution to the overlying question of
interoperability and EHRM is different from previous initiatives
because the VA has committed to a COTS application and is moving
forward with private sector solutions instead of trying to produce
something in house that does not meet the DOD's internal needs.
b. What approaches will you take to ensure this effort succeeds
where others have failed?
Response. In the presence of inaction there is failure. From my
understanding there has historically been a lack of leadership within
VA IT modernization. That has already changed, and if confirmed, unlike
my predecessors, I will be holding my senior leaders accountable for
both the successes and failures of their project management.
Question 59. `Big Data' is becoming increasingly important in
medical research to discover risks, causes, and treatments for diseases
afflicting Veterans, including PTSD, suicide, and substance abuse.
Because the VA research program is embedded in a hospital system that
utilized EHRs for decades, the VA is in a unique position to make
advancements in this area. Studies that leverage and combine very large
data sets (genomics, EHRs, imaging data, etc) require significant
investments in IT infrastructure, however.
a. How is the VA investing in research IT infrastructure?
Response. I agree that `Big Data' is important in medical research
and I will work with VHA to ensure proper investment in IT
infrastructure for research purposes.
b. Does the VA have the IT resources it needs to fully take
advantage of all the data it is collecting to improve Veteran health?
Response. If confirmed, I commit to ensuring the VA has the IT
resources needed to improve Veteran's health.
Question 60. The VA MISSION Act contains an Infrastructure and
Asset Review (AIR). In the act congressional intent was clear that AIR
commission members appointed by the President will be by and with
consultation of the Senate and that he has to consult with majority and
minority leadership of both houses and the VSOs. However, in his
signing statement the President said, ``After reviewing recommendations
of the Secretary regarding modernization and realignment of facilities
of the Veterans Health Administration, the Commission will make
recommendations for the President's approval or disapproval. I
anticipate that I will be able to consult with Members of Congress on
these appointments and will welcome their input, but a requirement to
consult with the Congress in executive decisionmaking violates the
separation of powers, including where the Congress has vested the
President alone or a department head with authority to make
appointments. I will accordingly treat this provision as hortatory but
not mandatory.''
a. Do you agree with the President's statement?
Response. I commit to working with Congress throughout the process
of modernization and realignment of VHA facilities. I will also consult
with and receive input from Congress on the appointments for the
Commission.
b. When the AIR is implemented will you advise the President to
consult with Members of Congress in both chambers and on both sides of
the aisle on these appointments?
Response. I commit to a transparent and inclusive process for AIR
implementation and will advise the President accordingly.
Question 61. The most recent data from HUD found that the number of
homeless veterans increased by almost 2 percent from 2016 to 2017, the
first time the number has risen since 2010. Meanwhile, over the past
year, VA has issued and subsequently reconsidered proposals to
terminate or reallocate funding within programs like Grant Per Diem and
HUD-VASH. This has left providers in West Virginia concerned about
whether their grants will be renewed and forced difficult decisions on
staffing and capacity.
How do you plan to keep local providers informed of changes
relevant to their grant programs in a timely manner?
Response. I commit to working with VHA to ensure the mediums used
to provide information are effective to ensure local providers are
apprised of any changes in program guidance.
Question 62. On March 7th, then-Secretary Shulkin announced a
nationwide restructuring plan that included the consolidation of three
Veteran Integrated Service Networks (VISNs) into one. West Virginia's
VA hospitals would be lumped together with hospitals in the Desert
Pacific and New England under a single VISN. The VA was expected to
release a report on July 1st on the long-term plan for VISN
reorganization.
a. Do you plan on moving forward with the organizational
restructuring?
Response. If confirmed I plan on reviewing the recommendations from
the VISN review before making a determination on the way forward.
b. If confirmed, do you commit to keeping the Veterans' Affairs
Committee informed on the status of the VISN consolidation and
realignment?
Response. VHA is currently completing a systematic review of the
Veterans Integrated Service Networks. The purpose of the review is to
make recommendations to improve VISN oversight, accountability,
performance and strengthen lines of communication throughout the
organization. I will keep the Veterans' Affairs Committee updated on
the corrective actions taken in response to the recommendations from
the VISN Redesign report.
Question 63. It is well known that many hospitals and CBOCs in the
VA system need renovations and maintenance. The process the VA uses to
prioritize minor construction projects is not very transparent,
however.
What meaningful steps can you take to increase transparency and
ensure minor construction dollars are being spent effectively?
Response. If confirmed, a priority for VA capital programs will
include a review of processes to assure VA does the right project, at
the right facility, and at the right time. Improvements to the VA
Strategic Capital Investment Plan (SCIP) are needed and have been
identified in various audits and reviews. I commit to transparency with
this Committee to ensure minor construction dollars are being spent
effectively.
Question 64. You have mentioned there would be value in the VA
adopting private sector business practices for processes like managing
supply chains.
a. Can you elaborate on how you intend to use private sector
practices to improve Veteran services?
Response. If confirmed, business transformation will be a top
priority and upon completion of a thorough review of VA's processes and
business practices, I will apprise this Committee of any recommended
changes.
b. What specific VA processes would you update using private sector
practices?
Response. Same answer as above.
______
Response to Additional Posthearing Questions Submitted by Hon. Richard
Blumenthal to Robert L. Wilkie, Presumptive Nominee to be Secretary,
U.S. Department of Veterans Affairs
modernizing the va's motto
Question 1. Mr. Wilkie, the VA's official motto originates from
President Lincoln's second inaugural address in 1865 and currently
reads:
``To care for him who shall have borne the battle and for his
widow, and his orphan''
This motto is prominently displayed on the VA's website, in its
publications, and on two plaques at the entrance of the VA's
headquarters. Women veterans deserve acknowledgement for the service
and require more respect from the VA. Today, there are nearly 2 million
women veterans in the United States and over 345,000 women are deployed
in support of current conflicts. Likewise, the number of women using VA
services has increased by 80 percent since 2001. Changing the VA's
gendered and exclusionary motto is an imperative first and fundamental
step for truly welcoming women into the culture and community of
veterans.
Do you believe it is time that the VA update its motto to
better reflect the population it is serving?
If confirmed, will you use your authority to revise the
VA's motto in order to better include female veterans?
Response. Lincoln's words serve as a historic tribute to all
Veterans, including women Veterans, whose service and sacrifice
inspires us all. They are a timeless and poignant reminder of the debt
America owes all who have worn the uniform and not only from one of the
greatest leaders in America history but in the history of the world.
When it comes to serving women who have worn the uniform, I
understand that VA has made enormous progress.VA is on the forefront of
information technology for women's health and is redesigning its
electronic medical record to track breast and reproductive health care.
Quality measures show that women Veterans are more likely to receive
breast cancer and cervical cancer screening than women in private
sector health care.
VBA, in partnership with the Veterans Health Administration (VHA),
is utilizing more technology such as social media channels to reach
women Veterans and their families.
That said, there is still more work to be done to ensure we meet
the needs of women Veterans, and, if confirmed, I will make that a top
priority.
I have attached a link to an address I gave at the Women In
Military Service Memorial. This is a civil rights address, that
highlights the ever-expanding role of women in service that I believe
applies equally to those women veterans within the VA. I delivered this
before I knew that I would be asked to become Secretary.
https://www.blogs.va.gov/VAntage/48637/acting-secretary-
participates-in-congressional-caucus-for-womens-issues-wreath-
laying-ceremony/
health services for female veterans
Question 2. As the population of female veterans increases, we must
make sure we do everything to ensure female veterans have access to
quality health care and support services. For example, veterans do not
have the same access as servicemembers to maternity care (VA covers up
to 7 days of newborn care after birth, TRICARE covers newborns up to 60
days).
If confirmed, will you ensure that female veterans seeking care
through the VA have access to the same health services as their
civilian and active duty counterparts?
Response. VA provides full services to women Veterans, including
comprehensive primary care, gynecology care, maternity care, specialty
care, and mental health services. VA has enhanced provision of care to
women Veterans by focusing on the goal of developing Designated Women's
Health Primary Care Providers (WH-PCP) at every site where women access
VA. We have a long way to go and if confirmed, I look forward to your
partnership to continue to innovate and improve services for women
Veterans.
va infrastructure improvements and west haven va, sps facility
Question 3. Thank you for taking the time to meet with me in my
office, I appreciated our discussion about the importance of capital
investment in VA facilities. As we discussed, the West Haven VA in
Connecticut requires $17 million to design and construct a new Sterile
Processing Service (SPS) facility. This is necessary to assure
adherence to national guidelines to sterilize and properly store
medical equipment.
a. If confirmed, will you commit to ensuring funding for the design
and construction of a new SPS facility at the West Haven VA is approved
expeditiously?
Response. Yes, I will commit to ensuring funding for design and
construction of a new SPS facility in West Haven.
b. What action will you take to reduce the backlog of maintenance
and construction at VA facilities? Absent funding for repairs and
upgrades, how will you take meaningful action to improve VA facilities?
Response. Maintenance and modernization of its infrastructure must
be a priority of any healthcare organization. If confirmed, I will
ensure proper governance structures, processes, and policies are in
place to ensure we deliver quality healthcare at world class
facilities.
electronic health record modernization
Question 4. EHR modernization--a historic, multi-billion dollar
overhaul of the system used to track veterans' health records--requires
input from specialized professionals to align the VA and U.S.
Department of Defense with an interoperable system. During our meeting,
you mentioned that you consulted with experts and appropriate parities
prior to moving forward with the VA's contract with Cerner.
Who specifically did you seek input from on this contract? Did Dr.
Bruce Moskowitz or any other individual outside of VA provide input on
EHR modernization?
Response. As part of VA's overall due-diligence in assessing
various aspects of the Electronic Health Record (EHR) Request for
Proposal (RFP) and related requirements documents, the EHRM Team
utilized dozens of external executives and technical/clinical subject
matter experts throughout the health care industry and had them sign VA
Non-Disclosure Agreements. Dr. Moskowitz was one of those experts.
va vacancies and oig report
Question 5. The VA Office of Inspector General recently published
its fifth annual report on staffing shortages at VA. While staffing
levels vary across the country, the report identified three common
challenges across nonclinical and clinical vacancies. These included a
lack of qualified applicants, salaries that are not competitive with
the private sector, and a high turnover rate.
a. If confirmed, what actions will you take to recruit and retain
VA employees? How do you plan to incentivize qualified applicants to
not only accept an offer for employment, but also to make a career at
VA?
Response. It is critical that leaders at all levels have the tools
and authorities to manage talent in their organization. One size does
not fit all and a human capital plan should be tailored to the needs of
each community. If confirmed, I am committed to ensuring we have the
right leaders with the skills, passion and commitment to serving our
Veterans. Pay parity is absolutely important. I will direct the VA's
Corporate Senior Executive Service Management Office to review and
evaluate the effectiveness of existing executive pay-setting practices
to ensure we are making pay decisions that are fair to all employees.
In addition, I will commit to personally reviewing annual salaries of
all VA executives on an annual basis.
b. What will you do to rapidly hire the expertise necessary for
spearheading the VA's EHR modernization and appointment scheduling?
Response. I will direct VHA to work closely with the Department,
and with program and project managers, to ensure human resource
requirements are properly defined, both in terms of quantity and in
terms of skills. VHA will support timely recruiting, hiring and on-
boarding activities to ensure the best qualified professionals are
assigned to these critical initiatives. VA will make full use of Direct
Hire Authority to staff key IT vacancies in EHRM.
equal pay for female va employees
Question 6. The Washington Post article, ``Trump's VA pick, a
longtime aide to polarizing politicians has defended extreme views,''
asserts that as an aide to Majority Leader Trent Lott, you rebutted a
resolution regarding equal pay for women. Across the Federal
Government, there is a gender disparity in compensation that widens the
more senior the positions.
If confirmed, what will you do as Secretary to address the gender
gap in the workforce compensation and leadership of the Department of
Veterans Affairs?
Response. VA compensation data demonstrates that the average salary
of female senior executives compares favorably to the average salary of
male senior executives. This is due in part to ensuring pay-setting
practices are reviewed annually, with a focus on consistency and
excellence. If confirmed, I will direct the VA's Corporate Senior
Executive Service Management Office to review and evaluate the
effectiveness of these practices for further improvement and
application to other clinical and leadership positions. I will also be
happy to have data provided to you for review.
Chairman Isakson. Robert, congratulations on your
nomination, and thank you for an outstanding statement. As I
read it the night before last, before I met with you yesterday,
I thought about what a compelling statement it was and how
appropriate it is for the challenges that we face.
I also want to repeat here what I told you yesterday
because there needs to be no one out there that misses or has
any equivocation about what we are looking to. You are getting
an agency that has had its problems, an agency that represents
the promises we have made to those who served and risked their
lives for our country, an agency that is in need of help, an
agency that we are all proud of and want to be more proud of.
Senator Tester and his Democratic side of the aisle with me
and ours on this side have done everything we could in the last
year and one-half from accountability to COLA increases to
everything in the world we could do to make the VA change in
thought--to respond to the questions the VA has had.
You had mentioned the $200 million infusion as well--or
billion-dollar infusion.
Mr. Wilkie, there are no excuses anymore. Failure is not an
option. We know what the problems are. We know what we need to
do to take them. We stand ready to be right and be the wind at
your back and to have your back to see to it our veterans get
what they fought for and risked their lives for. The American
people see us reward them with the type of service the VA ought
to have given always and I think will give now and in the
future.
So, that is my one admonition. Whatever my phone number you
have got, I am on duty 24/7 when it comes to the VA. If you
have a problem, you call us because we want to fix it before it
festers, not wait for it to fester.
Now, when you say customer service to a veteran, tell me
what customer service to a veteran means to you.
Mr. Wilkie. Customer service, Mr. Chairman, means that
before the veteran walks into the door of the VA, he has
already been greeted through schedulers, through medical
professionals, with Americans who are ready to serve him.
I noted that in some of the debates this Committee had, the
greatest problem that you all saw was actually getting the
veteran through the door. I have no doubt that VA provides some
of the finest care in America, but I also understand that
getting to that care is something that the leadership of the
Veterans Affairs Department has to focus in on like a laser
beam. A world-class customer service is the key.
That ties into something that you and I talked about in
your office, and that goes to human resource management. The
first people our veterans contact are usually the schedulers.
VA has had a hard time keeping those schedulers. We train them,
and then they often leave. I do believe that it is incumbent on
the Secretary of VA to have long discussions with the Office of
Personnel Management to make sure that the Secretary and those
who work for him have the ability to adjust pay scales so that
people who are there at the very ground level when a veteran
comes to work--or comes to be seen, treat him respectfully and
stay in that job and learn what it means to talk to our
veterans.
Chairman Isakson. Mr. Wilkie, as you know, Senator
Sullivan, Senator Rounds, Senator Boozman, Senator Tester,
other Members of this Committee represent States where our
veterans are a long distance away from our VA facilities, a
full-day's drive in some cases, like Montana as big as it is.
And, as you may know in the debate on the MISSION bill and in
the markups, a choice program that works to make VA health care
services available to the veteran is a key to that argument and
that debate.
Will you work as hard as you can and tell us what you plan
to do to see to it that choice is a reality and the timing of
appointments is good and that we end the problem that we have
had with veterans not being able to reach the services they
deserve and they earned?
Mr. Wilkie. Yes, sir. This goes to something that Senator
Tester and Senator Sullivan and I talked about. So, I will say
that those of us from the East, even in the 21st century, do
not understand the scale of the American West.
In Montana, a normal journey will sometimes take 600 miles
round trip to get to a VA facility. What choice means is giving
those veterans and their family caregivers the opportunity to
engage with VA any time of the day through things like
telehealth, but also with the development of the Community Care
Networks, which will provide them access to services that VA
cannot provide, VA services that will be close to home, so that
the burden is not on them to get to VA.
The problems with choice were also--were such that because
it was so rapidly implemented, particularly in rural America,
our providers were not being paid, not only the small-town
doctors, but the small community hospitals, where veterans go
to get emergency care. If we do not automate that system and
make it part of an integrated Community Care Network, we will
have failed veterans, but in particular those veterans who live
in our largest States, geographically.
Chairman Isakson. Senator Tester.
Senator Tester. Thank you, Chairman, and thank you for
being here, Mr. Wilkie.
When you agreed to take this job, were there any conditions
attached?
Mr. Wilkie. No, sir, there were no conditions.
Senator Tester. Will you have the autonomy to be able to
appoint your own deputies to carry out your vision at the VA?
Mr. Wilkie. Yes, sir.
Senator Tester. Are you empowered to do what you believe is
best for our veterans, even if that is in disagreement with the
President?
Mr. Wilkie. Yes, sir. And, I will say, Senator, as Senator
Tillis noted, I have been privileged to work for some of the
most high-powered people in this town: Dr. Rice, Dr. Gates,
Secretary Rumsfeld, and General Mattis. They pay me for their
opinions, and I give those to them or I would not be working.
Senator Tester. OK. As I had mentioned earlier in my
opening statement, the Acting Secretary recently directed the
independent VA Inspector General to acts as a subordinate. I
can go through his direct quote, but do you think that is
appropriate?
Mr. Wilkie. The Inspector General--and coming from a
military life, the Inspector General is an integral part of any
military organization.
I am not familiar, since I left VA, with all the
particulars that you are talking about.
Senator Tester. Yes.
Mr. Wilkie. But, the IG is a partner, is not subordinate to
the Secretary and VA. Because of the work this Committee has
done, has three prongs of what I would call the investigation
and enforcement tool; not only the Inspector General, but the
Office of the General Counsel as well as the Accountability and
the Whistleblower Protection Office. My vision is that those
three offices work symbiotically.
VA suffered, as everyone on this Committee knows, with
places like Phoenix because the IG office at that time was not
as diligent as it should be, and it lost the train on that.
Senator Tester. OK. You do not believe that the IG works
for you, though, do you?
Mr. Wilkie. I believe the IG works with me.
Senator Tester. Independently.
Mr. Wilkie. Yes. But, the IG, as any IG--and I have
certainly worked with the Department of Defense IG--is given
assignments by the Secretary. The Secretary feels that it is
something that needs to be investigated.
Senator Tester. Yep. Gotcha.
Would you commit to not interfere or hinder the
independence of the IG and be transparent with information with
asked to get it?
Mr. Wilkie. Not only do I commit to that, but interference
with the Inspector General's investigation, even though I am a
recovering lawyer, is probably criminal.
Senator Tester. All right. Thank you.
Look, we have heard about--the choice program has been a
train wreck. You talked about little time for rolling out. I
think that is part of the problem with the Choice Act. It is
not the case with the MISSION Act, though. Congress has
provided the VA with a full year to implement that program with
funding for a full year to get that program off the ground. Any
delays or snags, as I said in my opening statement, will not
be--I just do not think it is going to be accepted by this
Committee.
The implementation of the rules established in standing up
the Community Care Networks, I talked about them in my opening
statements. I am troubled that these contracts are--the awards
have been delayed. I think they potentially could undermine
your ability to establish a robust program, and we would fall
right back into the same pitfalls we had with Choice.
So, the question is, day one, when you get on the job, as
it applies to the Mission Act, what are you going to do to make
sure this program works?
Mr. Wilkie. Yes, sir. The last project I began before I had
to leave and return to the Department of Defense was a deep
dive on the integration of the three regional Community Care
Network contracts. My understanding is that they are on
schedule to be signed or implemented at the end of the year. I
did not get much beyond that, but I will pledge to come back
here, if confirmed, and give you a report as soon as I get
there as to where that is----
Senator Tester. OK.
Mr. Wilkie [continuing]. Because it cannot be delayed any
longer.
Senator Tester. OK. Good.
You talked about one of the problems is getting veterans
through the door--I agree--of the VA. I had a bunch of interns
in my office today, and they said if you could do one thing
with the VA, what would it be. I said we have not got enough
docs, we do not have enough nurses. In Montana, there are 200
clinical vacancies. That is unacceptable.
What do you intend to do differently? Because these
shortages have to be filled. The VA is a good health care
system, as you have already said and we know. What are you
going to do differently to make sure we get folks on board?
Mr. Wilkie. Two things. First of all, because of the size
and complexity of VA, a blunderbuss approach to filling the
vacancies that you rightly mentioned will not work. We have to
target where VA has the greatest need.
To me, even though I am not a doctor, that is primary care
physicians, internists, two skills that are vital, particularly
in the American West; mental health workers; and medical
professionals who specialize in women's health.
The second part of that would be to finally create a
holistic approach to veterans' care. I was stunned when I
visited the Small Business Administration and was told that I
was the first Secretary they had seen in a long time. There are
a lot of places in the Federal Government we can go to leverage
resources to help veterans, particularly in those things that
we do not often talk about: education, vocational
rehabilitation, and job training.
Chairman Isakson. Senator Rounds.
STATEMENT OF HON. MIKE ROUNDS,
U.S. SENATOR FROM SOUTH DAKOTA
Senator Rounds. Thank you, Mr. Chairman.
Mr. Wilkie, first of all, thanks for being here. I
appreciate your service to our country and taking on this very
challenging job.
I am one of the Senators up here that voted against the new
MISSION Act, and I did it not because there were not some good
ideas being brought forth in the new proposal, but rather
because of some protections that were found within the previous
Choice Act are no longer there anymore. One of them was the
fact that if you went for 30 days without being able to get in
that you could go to the doctor of your own choice. That
guarantee is now gone.
At the same time, today, the most recent count that I have
says 53 percent of those veterans who were initially applying
for services were going beyond 30 days. Those folks no longer
have that promise that they can go someplace else.
You have made it very clear that you want to be able to
provide world-class customer service. What I would like you to
be able to do is to share with the veterans out there, the
number of days that they should expect to have to wait, if any,
in order to get in and how long will it take you to change it
from more than 30 days, which it is now, to a reasonable number
of days under the proposal that includes a Community Care
Network.
Mr. Wilkie. Yes. I will keep mentioning that I am not a
doctor, but I certainly was responsible for the reform of the
Defense Health Agency and tackled the waiting times that our
military dependents were facing. We had, as the VA did, on many
military installations, our families still making appointments
on paper.
The threshold question--I think it is a complicated
question--is it depends on what the veteran is seeking. If the
veteran is seeking a yearly physical, I would not expect VA to
handle that in 2 or 3 days. If the veteran is ill, I would
expect VA to move as rapidly as possible, and that would be the
demand.
The 30 days is unacceptable. It goes back, though, to the
reforms that are contained in MISSION Act, and I think the
beauty of the Electronic Health Record System is that it
actually gets to that. It has markers put into the system that
will alert institutional VA as to how rapidly they have to get
that veteran into the system, and it will. There will be a
scale based on what that veteran needs. Thirty days is
unacceptable, and again, with the new automation coming, I
think we will have for the first time the ability to do a
triage as soon as that veteran or his pharmacy or his local
doctor puts information into that system.
Senator Rounds. Let me just ask how long do you think it
will take to implement that system before veterans can actually
expect to have their waiting time less than 30 days.
Mr. Wilkie. Well, that system will take several years, but
the changes----
Senator Rounds. So, what are we doing in the several years
in which veterans have got right now wait times that are in
excess of 30 days?
Mr. Wilkie. Yes, sir. The changes that I will be advocating
in terms of bridges in the appointment system will address
those issues as well as better training for those making the
schedules for our veterans.
We will have a computer system that does that. It does need
to be updated, but we will be able to transfer in increments.
The problem----
Senator Rounds. OK. What you are saying is it is going to
be a while, but that you are focused on it, OK?
Mr. Wilkie. Yes, sir. Focus is important.
Senator Rounds. Next, I have got literally dozens of
providers in South Dakota who had provided services to veterans
who have never been paid, and we are talking anywhere from
hundreds of thousands of dollars to millions of dollars. Would
you commit to us today that you will work so that those folks
that still are owed dollars have an appropriate avenue to get
reimbursed for the services they provided to the veterans?
Mr. Wilkie. Absolutely, absolutely.
Senator Rounds. OK. Thank you.
Last, you said something in my office, which I think was
very compelling, and I just want you to--you bring a huge
perspective from being a military dependent, an Air Force
officer, a congressional staffer, a senior civilian leader in
the DOD to a very difficult job right now. I want to thank you
once again for the service.
When we met in my office last week, you brought up a number
of challenges you witnessed during your time as an Acting VA
Secretary. Would you expand on your reference to walking the
post and other experiences you have had from your time in and
around the military? How would you like to bring that to the
VA?
Mr. Wilkie. Yes, sir. Thank you.
``Walking the post'' is an ancient military term that
requires the commander to walk amongst his troops. I think
Senator Tillis will laugh at me. It comes from Shakespeare. It
is beaten into our heads from the time we raised our hands.
I will tell you--and I am not casting aspersions on
anyone--I was amazed walking in the headquarters in some parts
and being told that I was the first Secretary that many of
those folks have seen.
I mentioned in the first statement that I gave at VA that
it has to be a bottom-up organization. That anyone who sits in
the Secretary's chair and claims he has the answers should not
be there, and he is pulling the wool over eyes.
So, ``walking the post'' means talking to the people and to
the veterans who are using VA services and getting out in the
field.
Thank you, sir.
Senator Rounds. Thank you.
Mr. Wilkie, I think you are the right man for the job. I
think you have got a huge job ahead of you.
Mr. Chairman, thank you.
Chairman Isakson. Thank you, Senator Rounds.
Senator Sanders.
STATEMENT OF HON. BERNIE SANDERS,
U.S. SENATOR FROM VERMONT
Senator Sanders. Thank you, Mr. Chairman.
Thanks for being here, Mr. Wilkie, and thanks for the visit
in my office.
Let me be blunt and tell you what my dilemma is. We
discussed this a little bit last week. The veterans
organizations and the veterans in the State of Vermont are, in
fact, quite proud of the VA. They feel that everything being
equal, once they get into the VA, they receive high-quality
care. There is, to the best of my knowledge, overwhelming
opposition to the privatization of the VA from The American
Legion, the VFW, DAV, and all of the major veterans
organizations.
We had a State-wide veterans meeting in Vermont a couple of
months ago, and what all of the Vermont veterans are saying,
``Bernie, do everything you can to prevent the privatization of
the VA.''
We have a President who last year introduced the budget,
which called for trillion-dollar cuts in Medicaid over a 10-
year-period, $500-billion cut in Medicare. We have a Congress
that wanted to end the Affordable Care Act. We have a sentiment
here that is not terribly in favor of public health or
government-run health care, and yet, of course, the VA, for all
intents and purposes, is a socialized health care system.
Why should--and then on top of all of that, we have the
former Secretary, David Shulkin, who I thought did a pretty
good job, when he was fired by the President, Shulkin indicated
he thought it was because he was not moving forward on
privatization as fast as the President had wanted.
Given that context, let me ask you two questions. Number 1,
do you believe in the privatization of the VA? That is question
number 1.
Mr. Wilkie. No, sir. No, Senator, I do not.
Senator Sanders. OK. Will you vigorously oppose, whether it
is the Koch brothers and their various organizations or the
President of the United States, any effort to privatize the VA?
Mr. Wilkie. My commitment to you is that I will oppose
efforts to privatize VA.
Senator Sanders. OK. The difficulty is, of course, the
devil is in the details. Chairman Isakson made a good point,
which I agree with, that we constantly hear negative stories
about the VA, but you and I know that every single day, the VA
is doing phenomenal work all over this country. There is no
disagreement on this Committee that if somebody has to travel
300 miles to get a physical checkup, that is insane when they
can get it in their community office or, in fact, if somebody
cannot get the services they need at a local VA, of course,
they should be able to get a local caregiver. No one debates
that.
But, the devil then is in the details. So, what happens if
you have a VA where people can walk in, get care in a prompt
manner, but somebody prefers to go to a private-sector doctor,
number 1? And, on top of that, one of my concerns--and the
reason I voted against the MISSION bill--is that it put $5
billion into the Community Care program, zero dollars into the
VA.
My fear is that we are going to see a drip-by-drip
depletion of funds for the VA and the services they provide,
putting that into the Choice program.
Mr. Wilkie. Yes, sir.
Senator Sanders. What do you feel about my concerns?
Mr. Wilkie. Senator--and you and I had a great discussion
about this in your office--I believe in the centrality of VA to
care.
I will also say that there are things that the VA does--and
I mentioned one, but let us go through the medical items that
will never be replicated in the private sector: spinal cord
injury, traumatic brain injury, rehabilitative services,
prosthetics, audiology, and services for the blind. You are not
going to find that anywhere, even in the Mayo Clinic.
Senator Sanders. Right.
Mr. Wilkie. I do believe, though, that if we believe that
the veteran is central, we can also make the argument that as
long as VA is at the central node in his care and that that
veteran has a day-to-day experience with the VA and walks
through where VA can help him with care when he immediately
needs it, that reinforces I think the future of the VA, and
then that is what I believe. And, I also think that that----
Senator Sanders. I apologize to interrupt you. I have very
little time.
Mr. Wilkie. Yes, sir. That is fine.
Senator Sanders. Let me just ask you a couple of questions.
I am probably going to preempt Senator Murray here who has led
the effort on Caregivers.
Mr. Wilkie. Yes.
Senator Sanders. Would you support the full funding of
Caregivers, the Caregivers Program, so that every generation of
veterans will have that service?
Mr. Wilkie. Senator, as I said, I come from--I am a
dependent of the Vietnam era. Yes, sir.
Senator Sanders. OK. One of the concerns that many veterans
organizations have is that central care, which to me is an
integral part of health care, is not part of VA health care,
other than service-connected. Would you be willing to look with
me at expanding health care to dental care for veterans, even
when it is not service-connected?
Mr. Wilkie. Actually, Senator, I left your office and
yesterday talked with the Chairman about that issue. If the
Chairman is desirous, we will explore that with you. I do not
know enough about it, but if there are hearings down the road,
would certainly participate.
Senator Sanders. All right. Mr. Chairman, it is my
understanding we will have a hearing on that issue; is that
correct?
Chairman Isakson. The Senator is correct. In fact, I
brought it up when we talked yesterday, and I told you on the
floor that we would not do any add-ons to any bills going
through, which was the request that you made on the
appropriations bill, but that I would assure you that we would
have a hearing and that it would be timely, which means not put
off for a long time. And, I have got a couple other promises
just like that I made, including one to Senator Murray, which
we will certainly do. I live up to my promise to do that, and
if the facts merit making the decision, we will deal with that
when it comes.
Senator Sanders. OK.
Chairman Isakson. You will have that chance.
Senator Sanders. Thank you, Mr. Chairman.
Thank you, Mr. Wilkie.
Chairman Isakson. Senator Moran.
STATEMENT OF HON. JERRY MORAN,
U.S. SENATOR FROM KANSAS
Senator Moran. Mr. Chairman, thank you very much.
Mr. Wilkie, thank you for your presence with us today.
Thank you for your service to our Nation and to your service as
a public official.
You have been through a few confirmation hearings, and I am
delighted to have you back to have a conversation.
When I judge whether the VA is working for veterans, I do
so by what we call casework, which is when veterans seek help
from my staff to solve problems, the number of those instances
is increasing, not diminishing, and it suggests to me that we
need to do more and to work harder to make certain that those
who need our help receive our help.
Right now, we have 80 open veteran cases with a steady
stream of about 30 cases each month.
You indicate that you want--you indicate in your statement
that when the veteran comes to the VA, he or she ought not have
to employ a team of lawyers to get the VA to yes. I want to
commend you on that. And, I want to work with you to make
certain that you have the best opportunity you can to get the
VA to a position of yes on behalf of those that the Department
is created to serve.
Before I jump into a couple of questions, I want to
highlight a couple of things in construction, both at
Leavenworth and at Wichita VA Med Centers. There are efforts
afoot for a long time to create a partnership--in the case of
Leavenworth, a public-private partnership; in the case of
Wichita VA, a partnership between the Air Force Base,
McConnell, and the VA. I raise those today in your confirmation
hearing because I will be back with you. Those have been on a
list, off and on a list for a long time. Those partnerships are
something we ought to pursue, and to date, the VA has failed to
do so.
In regard to my questions, I acknowledge and believe that
you have a monumental task ahead of you. I think in reforming
and successfully implementing the VA MISSION Act, if it is
implemented correctly, it can be transformative. It can reduce
those number of cases that my staff and I pursue on behalf of
veterans.
One of my complaints--and I raised this in the confirmation
hearing of one of your predecessors--is so often when Congress
passes legislation, the VA's implementation, in my view, is
contrary to the intent, and in many instances, contrary to the
letter of the law that we have implemented. What can you tell
me about your efforts in regard to implementation of VA MISSION
Act? How will you make certain that the will of Congress is
pursued?
We have seen--I have seen, in my view, pushback from the
Department of Veterans Affairs in regard to Community Care. How
can you overcome that reticence?
Mr. Wilkie. Well, sir, first of all, I support, as I told
Senator Sanders, Community Care and its funding, but may I take
a step back and tell you how I did it at DOD?
As many of you know who work military issues, Personnel and
Readiness had not had any confirmed leadership, I think since
the Bush administration. In order for me to send a signal to
the Congress and to those who work in P&R that the organization
was capable of moving forward, my first directive was to
implement outstanding instructions from national defense
authorization bills going back to fiscal year 2010.
VA has a problem, as you mentioned, but the problems at DOD
for P&R were catastrophic. DOD had not implemented the
Exceptional Family Member Program from the fiscal year 2010
bill. It had not implemented the sexual harassment policy from
the fiscal year 2013 bill, and it had not begun the full
implementation of defense health reform from the fiscal year
2017 bill.
I issued the directives for DOD to carry out those
programs. We now have a sexual harassment policy. Exceptional
Family Member Programs are moving out, and we are looking at
October 1st for the first implementation of defense health.
I do not know all of the specifics, Senator, of the
outstanding directives from past authorization bills, but I
will give you the same pledge that I gave Senator McCain that I
will get the list and start moving out.
Senator Moran. I look forward to working with you in that
regard.
I do not have much time, but I would say--and I know that
Senator Tester raised the issue of vacancies, positions
unfilled. I think the Department of Veterans Affairs has a
challenge not only in filling current vacancies, but also in
adding employment and finding different types and more
providers for the medical services. Again, I would hope that
you would confirm to me that you will have an aggressive
approach to filling vacant positions and adding more where
needed.
Mr. Wilkie. Yes, sir, I do.
Senator Moran. Thank you.
Thank you, Mr. Chairman.
Chairman Isakson. Senator Murray.
STATEMENT OF HON. PATTY MURRAY,
U.S. SENATOR FROM WASHINGTON
Senator Murray. Thank you, Mr. Wilkie. I appreciate your
being before us today.
Before I get into some of the specific veterans' policy
issues, I do want to express my concerns with reports about
your opposition to equal pay for equal work and your record on
diversity and your passionate advocacy for the confederate
flag. I am not going to ask you about it at the Committee
hearing. I am going to be submitting questions for the records,
and we do have a limited time. But, I do want to get full
answers back on those from you in writing.
Mr. Wilkie, as part of the MISSION Act, Congress expanded
eligibility for the Caregivers Program that Senator Sanders
mentioned to veterans of all eras and added critically-needed
services. Accordingly, I worked to include in the veterans
appropriation bill almost $861 million for the Caregiver
Program, $365 million above the President's request. VA has the
resources it needs to start implementing this expansion. So, we
need the VA to commit to making the needed reforms, to
enhancing capacity, and strict oversight of this program's
operations.
So, it is extremely important. If confirmed, I want to
know, will you make this a top priority for the VA to fully
implement the new caregivers law as Congress intended?
Mr. Wilkie. Absolutely. Yes. Yes, Senator.
Senator Murray. OK. We will count on that. We will be
watching.
Mr. Wilkie, 2 years ago, this Congress gave VA the
authority to provide IVF and other necessary fertility
treatments for ill or injured veterans and their spouses.
Access to this care is really important. It can help our
veterans realize their dream of starting a family, but access
to this care promised to our veterans is still difficult. If
confirmed, will you ensure additional providers are enrolled
into the program and any other necessary steps taken to make
sure our veterans do have easy access to this treatment in the
country?
Mr. Wilkie. Senator, women's health is the frontier, the
new frontier for VA, absolutely. The issues that I confronted
at DOD are similar to the ones at VA.
In response to Senator Moran's question, the Congress has
spoken on the services that you just described, and we will
move out on those.
Senator Murray. OK. Well, this is really important. This is
about veterans who have been injured through no fault of their
own. Our country has promised to make them whole again, and
being a family is part of it. So, this is something I am going
to be following very closely under your jurisdiction.
Mr. Wilkie. Yes, Senator.
Senator Murray. Senator Sanders asked about privatization.
I appreciate that. I stand where he does, and your answer was
important to all of us.
Let me ask you. I know DOD has been struggling with the
rollout of the new Electronic Health Care Record. You are well
aware of that. I have heard from providers in my State, from
Fairchild Air Force Base to JBLM, about their dire concerns
about the impacts on quality of care.
You signed the contract to move forward on procuring the
same system. We cannot see the same problems that DOD has
experienced. I want to know what you will do to oversee the
rollout and what specific steps you are going to take to make
sure quality and access to care is not diminished.
Mr. Wilkie. Well, Senator, one of the reasons I got a lot
of criticisms for not showing up in VA and immediately signing
off on the health care record is that I wanted to see that it
could work.
I had the best minds from the West Coast and experts from
other parts of the country take a look at it and convince me
that it could work.
I do want to say, though, that the report that we saw at
DOD on MHS--I believe it is MHS GENESIS--not working 2 years
ago, I am glad it did not work because what that was was--I
will give you an example. I am the head of the Secretary's
Close Combat Task Force. My job is to make sure that our
weapons are tested, our systems are tested before we put them
in the hands of any of our soldiers.
The testing of that system was designed to show us where it
was not working before we fully implemented. That is due
diligence in business. It is due diligence in government.
I believe that many of those problems that they were
experiencing have been remedied because they found the kinks
when they started the beta testing several years ago.
I will not commit to putting any problem online until it is
properly tested.
Senator Murray. Since becoming interim VA Secretary, what
are you doing to hire qualified leaders and individuals so they
can manage the implementation of this?
Mr. Wilkie. In the short term, I found experts in complex
DOD systems to come aboard. It stopped when I--when I left VA
and went back to DOD. I will have to pick it up when I return,
if I return.
Senator Murray. OK. Can you get back to me on that on what
steps you will take then?
Mr. Wilkie. Yes.
Senator Murray. OK. Thank you.
And, I do have additional questions that I will submit for
the record.
Chairman Isakson. Thank you, Senator Murray.
Let me inject right here something. What the Senator has
just brought up is extremely important. One of my ventures in
life or misadventures in life was being selected by a Governor
to take over a department of education for Y2K preparation for
187 school systems, all of whom had their own software that was
different from everybody else's, to keep up with the student
information system, the grading system, the finance systems,
and everything else.
I was not a computer expert, but I had run a pretty large
company. So, I knew I needed to go hire people that were able
to do it, and after about a week, I found out that we had
problems in our own agency cooperating with the professionals
we had hired to be able to do what we did.
So, we turned around and fired everybody, canceled the
contracts, got people in that knew what they were doing, and
got it finished in 6 months and passed Y2K.
I am going to expect you to be that type of a flyspecker
when it comes to this as well because what happens in this, the
backups can continue, and all of a sudden, you have a crisis of
a lack of cooperation. So, the first thing we have to do is
have everybody at the ground level in VA cooperating with
everything that is required of them to input into the system to
make it work to begin with.
I am sorry I interrupted, but this is important.
Senator Boozman.
STATEMENT OF HON. JOHN BOOZMAN,
U.S. SENATOR FROM ARKANSAS
Senator Boozman. Thank you, Mr. Chairman, and thank you,
Mr. Wilkie, for being here, as well as your wife, Julie. We
appreciate--when you take on a task like this, these are
certainly family affairs, and we appreciate both of you all.
Mr. Wilkie. Thank you, sir.
Senator Boozman. You have got a varied background, and I
believe that you will serve well in the job that we are asking
you to do. As a military child, military officer, and civil
servant, you understand many of the complexities associated
with serving our Nation and experienced firsthand the
importance of taking care of our Nation's veterans.
We have not been able to get together yet, and I look
forward to doing that. On the other hand, I have enjoyed
working with you in the capacity of enjoying MilCon-VA on
several occasions. I do support your nomination and will
enthusiastically vote for you----
Mr. Wilkie. Thank you, sir.
Senator Boozman [continuing]. Because of the experience I
have had with you.
One thing I would like to visit with you which I think is
very, very important, we had really a tragedy in Arkansas. The
Fayetteville VA Medical Center greatly impacted a number of
families in a very, very negative way. A former pathologist was
found to be impaired and was terminated. Now all of his cases
are under review by a third party.
I am pleased to hear that the initial response phase of the
incident is being met with positive reports from veterans, VSOs
alike. The call center handling patients' inquiries, all of
that is working well. We appreciate the concerted effort of the
team on the ground. I think it really was a model as to how you
responded to that, so we appreciate that very much.
I see Dr. Clancy here. She has been personally involved and
done a very, very good job.
I guess the thing, though, that I would like to follow up
with, I would like to know if I have your personal commitment
that you keep a close eye on the situation as it continues to
unfold to ensure timely notifications continue to remain a
priority; veterans receive timely follow-up care should they
need or request it, and the independent reviews are handled
expeditiously while maintaining the integrity of the review
process.
Mr. Wilkie. Yes, sir. I do very much.
And, Senator Boozman, I will follow up by referring back to
something Senator Tester said. The responses in Arkansas on the
tail end was outstanding because you saw the coming together of
the U.S. Attorney, the VISN leadership, VA, and the State of
Arkansas.
The problem, obviously, was terrible by the time it reached
that, and where Senator Tester was talking about a vigorous
Inspector General, that is one of those areas----
Senator Boozman. Right.
Mr. Wilkie [continuing]. That without a robust Inspector
General, we are going to have problems finding them. It ties
into what the Ranking Member was saying.
Senator Boozman. No, I appreciate that, and really my
follow-up was that I like your commitment that we review the
policies and procedures within the VA to enact the necessary
changes to prevent such a tragedy as a result of this type of
misconduct from occurring again----
Mr. Wilkie. Yes, sir.
Senator Boozman [continuing]. In the future in the VA
facility.
Mr. Wilkie. You did.
Senator Boozman. We appreciate that very, very much.
Mr. Wilkie. Thank you, sir.
Senator Boozman. The other thing is Senator Murray asked
about the IT system and things, and I think we all shared in
the questions that she had. I appreciate the response that you
had concerning that. I guess what I would like to know is how
you believe the program is progressing now. It has not been
very long, yet the progress now, and do you anticipate any
additional delays or challenges during the implementation
phase?
Mr. Wilkie. I do not anticipate any additional delays now,
but I do want to say that it cannot happen overnight. It is a
4-year implementation system for the Caregiver Network.
Veterans injured before May 7, 1975, their programs will be
fully online, I believe, by 2019; 2 years later, those who come
after the end of the Vietnam War will be fully online.
I will do my best to accelerate that, but I read a lot in
the papers about this program happening overnight. This is a
radical change in terms of the MISSION Act for VA. It is still
taking the Department of Defense a while to get TRICARE right,
which is much better than it was 4 years ago.
This is one of those programs that we will implement, and I
will give it my full attention.
Senator Boozman. Good.
Thank you, Mr. Chairman.
Chairman Isakson. Thank you, Senator Boozman.
Senator Hirono.
HON. MAZIE K. HIRONO, U.S. SENATOR FROM HAWAII
Senator Hirono. Thank you, Mr. Chairman.
Welcome, Mr. Wilkie. Thank you for the time you spent
talking with me earlier.
Mr. Wilkie. Thank you, Senator. Thank you, Senator.
Senator Hirono. To start, I ask every nominee who comes
before any of my committees to answer the following two
questions. One, since you became a legal adult, have you ever
made unwanted requests for sexual favors or committed any
verbal or physical harassment or assault of a sexual nature?
Mr. Wilkie. No.
Senator Hirono. Second question. Have you ever faced
discipline or entered into a settlement related to this kind of
conduct?
Mr. Wilkie. Never.
Senator Hirono. I wanted to ask you about some outstanding
VA projects in Hawaii. We did discuss this briefly in our
meeting, and of course, as an island State, veterans in Hawaii
face unique challenges accessing VA care. Oftentimes veterans
need to fly from the islands that they live on to Honolulu if
care is not available in their home island. This is why I have
consistently fought for construction of community-based care
options for Hawaii veterans living on the neighbor islands,
including the new VA clinics planned for Maui, Kauai, and
Hawaii Island. There are a total of seven outstanding VA clinic
projects at various levels in the procurement process that my
office has been monitoring, including the future Leeward Oahu
Outpatient Health Care Access Multispecialty Clinic, which I
worked to authorize in the 2014 Choice Act.
Can you commit to me to continue to provide my office
updates----
Mr. Wilkie. Yes.
Senator Hirono [continuing]. From VA on the status of these
projects and ensure that they are completed in a timely manner?
Mr. Wilkie. Yes, Senator. I am very well aware of the
unique challenges both Hawaii and Alaska face, and if
confirmed, I will take you up on your invitation to come see
those facilities.
Senator Hirono. Thank you very much.
As Under Secretary of Defense of Personnel and Readiness,
you implemented a new sexual harassment policy early in your
tenure, and I commend you for that.
A few months ago, the Merit Systems Protection Board, MSPB,
came out with a troubling survey of Federal employees that
found VA had the most reported instances of sexual harassment
of any Federal agency.
I assume that this will be a high priority for you, and
that I will be in touch with you as to what your plans are to
address this serious problem at the VA.
Mr. Wilkie. Yes, Senator. I will start by comparing what
was done by my office at the DOD to what has been done at the
VA.
Senator Hirono. We will certainly stay in touch with you on
your progress.
Senator Murray referred to a recent article in The
Washington Post, and she will submit some questions for the
record, but I just wanted to ask you. When you were working for
then-Senate Majority Leader Lott, you marked up a draft
resolution meant to highlight the pay gap and call for equal
pay for women for equal work, and some of the reported edits
could be considered rather offensive and condescending,
particularly a provision that you put into this resolution that
``called on Congress to require young women to finish high
school as a condition of receiving welfare.'' Those were your
edits to this proposed resolution.
Why did you make that addition to the resolution?
Mr. Wilkie. Well, thank you for bringing that up. I had to
put on my memory cap to go back and review that. I was the
floor manager for the Majority Leader. Senator Lott's
instructions was that he saw every piece of legislation that
came through. I was not an expert in that field. I took it to
him. He and the staff made changes. Some of the changes that I
remember making that did not get put into The Washington Post
story that Senator Lott, as the Leader, wanted to recognize
American women who chose to stay at home and also that the
tax----
Senator Hirono. Excuse me. I am sorry. Did you put in that
edit?
Mr. Wilkie. I do not--I do not remember. I was not--I
passed it off to staff.
Senator Hirono. Do you think it is a good idea, then, to
require young women to finish high school before they can
receive welfare?
Mr. Wilkie. I would not make that a requirement; again, I
was just the floor manager.
Senator Hirono. I understand.
Mr. Wilkie. I was not an expert in any of those matters.
Senator Hirono. So, do you believe that women, including
veterans, should have to finish high school to receive
government benefits?
Mr. Wilkie. That would never enter my mind.
Senator Hirono. Thank you.
Now, there are--the article also noted some other positions
that you took because you worked for some very conservative
people such as, of course, in addition to Senator Lott, Senator
Helms, and they had some views that would now be deemed very
offensive.
Considering that there are some concerns being raised about
your own attitudes toward the kinds of views that your previous
bosses held, would you welcome the scrutiny that you will
probably face based on your past positions to make sure that
you are treating women and minorities fairly and with respect
as the head of the VA should you be confirmed?
Mr. Wilkie. Well, Senator, I will say--and I say it
respectfully--I welcome a scrutiny of my entire record.
The Washington Post seemed to stop at my record about 25
years ago. If I had been what The Washington Post implied, I do
not believe I would have been able to work for Condoleezza Rice
or Bob Gates or Jim Mattis.
I think I have had 11--nine full field background
investigations by the FBI. And, I will tell you, the first
question they ask anyone they talk to, is this person someone
who discriminates against anyone on the basis of race, sexual
orientation, or creed. They just finished an investigation
going all the way back to my 18th year. So, I will stand on my
record.
Senator Hirono. Thank you for that reassurance.
Thank you, Mr. Chairman.
Chairman Isakson. Thank you, Senator Hirono.
Senator Sullivan.
STATEMENT OF HON. DAN SULLIVAN,
U.S. SENATOR FROM ALASKA
Senator Sullivan. Thank you, Mr. Chairman. Mr. Wilkie,
thank you for volunteering to serve again. I think that was a
very powerful opening statement, one of the best opening
statements I have heard of any Cabinet nominee, and I want to
thank you for that.
I fully intend to support your nomination, and hopefully,
most of my colleagues--or all my colleagues will as well.
I appreciate you and the Chairman already talking about
rural issues. As I have said before, there is rural America,
there is extreme rural America, and then there is Alaska. And,
it is not just the size. I do not like doing this to the
Ranking Member, but you mentioned Montana. I think we are close
to five times the size of Montana, and it is also the expanse.
As we talked about in our meeting, if you looked at the expanse
of Alaska and superimpose it over the Lower 48 southeast
communities, like Ketchikan in my State would be in kind of
northern Florida. Northern communities in my State like Barrow
would be the northern part of North Dakota, and the Aleutian
Islands chain would extend out to San Francisco.
My State is actually a continental-wide place, yet we do
not have a full-service VA hospital in the State of Alaska,
while we have the highest number of vets per capita and an
incredibly patriotic population. That includes the Alaska
Native population, almost 20 percent of my constituents who
serve at some of the highest rates in the military of any
ethnic group in the country despite--you know, let us face it.
During World War II, Korea, Vietnam, there was a lot of
discrimination going on from the Federal Government to this
group of incredible patriotic Americans.
We had a very good discussion, and I appreciated that. Most
of it was about these challenging issues as it relates to
Alaska, so the first thing I would like from you is to get a
commitment to come with me to Alaska soon in your tenure to
meet with my veterans, see some of these challenges, see these
patriotic Americans firsthand.
I think I mentioned Dr. Shulkin did that with me for
almost, gosh, 6 days, and I think it really had an impact on
him on some of our challenges. Can I get that commitment from
you?
Mr. Wilkie. I would be honored to come.
Senator Sullivan. Great. Thank you.
One of the ways that the VA extends its reach into parts of
my State is through partnerships with Alaska Native Health
Organizations, what are called Tribal Sharing Agreements of the
VA.
One of the many aspects of the MISSION Act that focus on
extreme rural States like ours and some of the other States is
these Tribal Sharing Agreements are actually mandated in the
MISSION Act. So, can I get your commitment that you will
initiate consultation with the Alaska Native Health Board and
other Tribal Health Organizations upon your confirmation on
renewed negotiations for the VA Tribal Sharing Agreements to
nail these down?
We are working on a 5-year extension to the current
contract, but that contract is expiring next year. And, the
clock is ticking. So, it is a very high-priority issue for me
and my constituents. Can I get your commitment on that?
Mr. Wilkie. Yes. Yes, sir.
Senator Sullivan. The other issue we talked about was how
you suggested--and I could not agree more with you--that when
it comes to understanding the needs of local veterans in
different States, oftentimes the local VA really knows best. Do
you agree with that still?
Mr. Wilkie. Yes, sir.
Senator Sullivan. Can I get your commitment upon
confirmation that you will come to Alaska and consult with our
local VA leadership? I think, again, one of the things that we
see here is we have challenges at the headquarters, no doubt,
but a lot of times, the VA local leadership is working quite
well. Can I get your commitment on that as well?
Mr. Wilkie. Yes, you can.
Senator Sullivan. Let me ask you; I had asked Dr. Shulkin
this. I had put out a post to a bunch of my veterans just on
questions that they would like to ask you, when Dr. Shulkin was
up for his confirmation, and we are going to submit a number of
those for the record.
One of the questions was from a guy by the name of Bob
Thoms. His nickname is Cajun Bob. He lives in Mat-Su Valley in
Alaska. He is very well known in my State, beloved, but he is
actually a little bit more well known in Washington. People
probably do not know his name, but if you had been going down
Constitution Avenue for the last 6 months and seen that giant
portrait of a Marine in the Tet Offensive at the News Museum
(the Newseum). In the photo he is counter-attacking. He is a
staff sergeant or a gunny in the Tet Offensive in the Hue City
Battle. His cammos are shredded. That is Cajun Bob. He received
six Purple Hearts in the Marine Corps, a Silver Star in the
Battle of Hue City-- that battle is depicted. I think it is
still up there at the Newseum. You should go take a look.
His question to me, a real hero among us--and we have so
many that we are proud of--was the concern that we hear from so
many veterans that there has been stories of senior leadership
at the VA not being held accountable for some of the actions
they have taken. I think we have tried to address this with the
Accountability Act, but that the veterans themselves feel
sometimes they are stuck in a system that works against them,
not for them.
So, he had a very basic question when Dr. Shulkin was up
for his confirmation. I am just going to repeat it. Forgive the
language. He is a bit of a salty marine, and a hero. The
question was ``Will you be able to kick ass and take names for
the veterans''--for the veterans----
Mr. Wilkie. Yes.
Senator Sullivan [continuing]. Above anybody else if you
are confirmed to be the Secretary, and how will you do that?''
Mr. Wilkie. Well, being an Air Force Reserve Officer, we do
not use language like that, but----
[Laughter.]
Mr. Wilkie. It takes away from other things, but yes, sir.
I was very proud--and you can tell Cajun Bob this--when I
was sworn in at the Pentagon. It was referenced that I had been
born in khaki diapers, and I think my attitudes toward that and
leadership flow from having been in that world my entire life.
Senator Sullivan. Thank you. I look forward to your
confirmation.
Thank you, Mr. Chairman.
Chairman Isakson. Thank you, Senator Sullivan.
Senator Manchin.
HON. JOE MANCHIN III,
U.S. SENATOR FROM WEST VIRGINIA
Senator Manchin. Thank you, Mr. Chairman.
Thank you, Mr. Wilkie, for your service and continued
desire to serve.
As you can tell, we are all proud of the veterans in our
States. We just want to make sure you do not move everything to
Alaska.
Mr. Wilkie. That is right.
Senator Sullivan. We still do not have a hospital, so I do
not think that is going to happen.
Mr. Wilkie. Senator Tillis is not going to let me move
everything to Alaska.
Senator Manchin. That is right.
Anyway, this morning, there were 93 VA jobs posted on
USAJOBS, the Federal jobs posting site, for West Virginia. I
will tell you where we are going. We have a full-time primary
care physician that is needed in Petersburg CBOC, psychiatrist
at Martinsburg and Huntington, social work program coordinator
at Clarksburg, registered nurses and IT specialists at several
of our facilities. We will go ahead and submit everything for
you.
I know we brought this to your predecessors before, but
what plan do you have in recruiting, especially in rural areas,
whether it be in Alaska, West Virginia, rural North Carolina,
or Nevada--all of our States--Montana, Georgia? What is your
plan of basically getting more people involved and helping us
in the VA with their expertise?
Mr. Wilkie. Yes, Senator.
I am going to go back to an experience I had with Senator
Tillis when the ribbon was cut on the new VA Center in my
hometown.
One thing that the directors asked Senator Tillis was that
one-size job process does not fit VA. Fayetteville, NC, has
very different needs from West Los Angeles. It probably has
different needs from West Virginia.
My pledge--and I think I mentioned it in my opening
statement because I believe it--is to allow those medical
directors and those VISN directors--the ability to move their
funds to address the kinds of critical needs, if they have the
funds available--and we will work with them to make sure that
they do--to address the immediate medical needs in those areas.
I have to do a deep dive, Senator, on the whole USAJOBS
process. I could tell you Secretary Mattis is thinking deeply
about it in terms of VA and VA's relationship with other
elements of----
Senator Manchin. We look forward to working with you on
that because we all have disparate needs.
Let me move on because my time is limited.
The opioid epidemic that we have--not only just in our
States, but in our military--how do you propose to have input
on basically not getting our veterans hooked when they are
deployed and the treatment, alternative treatment centers when
they come back? So, twofold, if we can stop them from getting
hooked and then how we are going to treat them in a non-opioid
way when they come back.
Mr. Wilkie. I have responsibility for one end right now.
Senator Manchin. I know, but we are asking for your input
because you are seeing the end result. Sometimes on the front
end, if we can prevent that from happening----
Mr. Wilkie. And--yes, sir. I think this is a case--and
Senator Sanders mentioned it--where VA has taken the lead.
VA has come up with what appears on its face to be a very
simple way of addressing this and bringing down opioid
addiction, and that is with alternative therapies, the use of
Advil, Tylenol, and aspirin in place of Tylenol 3 or other
opioids.
The other thing that VA has done is emphasize
rehabilitative care, motion care. DOD is just getting on the
cusp of that. So, yes, I think DOD is moving in the direction
that VA has moved in, and it is absolutely vital that we stop
it there. Yes, sir.
Senator Manchin. My final question is going to be since
1998, the VA's budget has quadrupled from $42.38 billion to
$188.65 billion. A lot of these factors can be pointed to the
Vietnam veterans getting older, the fact that combat medicine
improved and therefore VA is dealing with more complex injuries
and illnesses than ever before, the cost of health care in the
United States has become more expensive, and we have expanded.
I say that we have expanded with good intentions, made a lot of
benefits.
People are going to ask are we making sure we are getting
our best service and best care for our veterans with the bucks
we are spending. So, my question would be what steps do you
plan to take to ensure both that high-quality services are
available for our veterans and families, but are also looking
out for the American taxpayers to make sure that we are
spending their money wisely and giving the care that is needed.
Mr. Wilkie. Yes, sir. I will start by saying there are no
more excuses because of the infusion of money that this
Committee has given.
I do believe, though, that we do have to make sure that the
world-class health services, the priority health services are
fully funded.
I was asked two questions by two Members of this Committee,
to the point that does VA's expansion into Community Care mean
that world-class services like spinal cord or traumatic brain
injury are going to diminish. No. We will go where the need is
greatest.
Senator Manchin. Thank you, Mr. Wilkie.
Chairman Isakson. Thank you, Senator Manchin.
Senator Heller.
STATEMENT OF HON. DEAN HELLER,
U.S. SENATOR FROM NEVADA
Senator Heller. Mr. Chairman, thank you, and to the Ranking
Member also, thank you for this meeting. Mr. Wilkie, thank you
for taking time and to your family that is here today with you.
Mr. Wilkie. Thank you, sir.
Senator Heller. I appreciate you being here and willing to
spend time with us.
You were in my office yesterday. We had a great
conversation. I appreciate that time also, but I think today is
a different opportunity. Yesterday, it was about you and me.
Today, it is about the veterans that are behind you, the
veterans service organizations that are represented, also the
veterans back in the State of Nevada. The point, of course, is
to prove that you are ready to manage an agency of this size
that is, in my opinion, quite a bit of bureaucracy.
I told you yesterday, we have about 300,000 veterans in the
State of Nevada, good men and women, patriotic, will take the
call again, regardless of age, to serve and defend this
country. And, I am just pleased that we both have come to the
same conclusion that they deserve the best quality of care and
benefits that our Nation has to offer.
But, saying that, there is a lot to be done. We need VA
doctors. It has been mentioned several times. Clearly, it is a
national issue. I am working to get a veterans rural cemetery
in one of our rural counties. Our Caregiver Program in Las
Vegas and the VA nursing facility in Reno need improvement, and
unfortunately, the veteran suicide issues remain quite a
challenge in Nevada.
Several times, as I mentioned, doctor shortages have been
raised, but I think Nevada has really felt the impact,
especially in our urban areas like Las Vegas and even in our
rural areas like Elko, Gardnerville, and Pahrump.
Let me give you an example, 2016, I was at the ribbon
cutting of a VA clinic in Pahrump and with all the pomp and
circumstances, and here we are in 2018, and they still do not
have a full-time doctor. So, 2016, here we are 2 years later,
all the pomp and circumstances for that community, they have
been waiting years to get this done, the work by my office,
myself, this Committee, this Congress to get that clinic into
that town, and they still do not have--2 years later, they
still do not have a full-time doctor.
Can I get your commitment to work with me to get a full-
time doctor into that clinic by the end of the year?
Mr. Wilkie. Absolutely, I will work with you on that.
Senator Heller. We have problems in some of our rural areas
with access to mental health services for our veterans. Can you
share with me how you plan on bringing more doctors or mental
health professionals to these rural areas in Nevada?
Mr. Wilkie. Yes, sir. And, I thank you for the time that
you took with me.
I think we have to take a deeper look at how we bring
doctors into VA. There have been many things that the Federal
Government has tried in terms of recruiting doctors, and I
think VA has to look at those. We have to do a better job of
recruiting doctors coming out of the military.
I would like to learn about how we can get commitments from
doctors to work at the VA. This is my opinion; I have not
cleared it with anyone. And, in exchange for their service with
VA, do we go down the road where we take care of their medical
school loans in exchange for long-term service with VA?
We do need to make an assessment again as to where we need
our doctors, and we do need to also, in those underserved
areas, look at how we incentivize people to go out there.
The blessing that I have is that I have been learning a lot
about these things from Carolyn Clancy, who is running VHA now,
and I know she is hard at work trying to address rural needs in
particular.
Senator Heller. I will follow up with you. Time is running
out.
One of the things--I want to kind of steal from Senator
Sullivan and his request, and that is that the Nevada veterans
have been in this VA system for decades. They know the ins and
outs. They know the dos and do nots, and frankly, they know how
to fight for their care. Can I be allowed to make the same
request that I could get you out to Nevada so that you could
spend some time with our veterans at a roundtable to discuss
issues that are important to them?
Mr. Wilkie. Yes, sir. I would be honored to.
Senator Heller. One more question, which is about Agent
Orange. I hear from a lot of Nevada veterans on this particular
topic, especially from our Blue Water Navy veterans.
As you know, the VA does not provide these Blue Water
veterans the disability benefits that they deserve after being
exposed and experiencing these harmful effects. I think we can
agree that this is not right. How do you plan on helping the
Blue Water veterans as well as the veterans exposed to Agent
Orange?
Mr. Wilkie. Well, I will speak to Agent Orange first. I am
from the generation who saw the effects of that on those who
have come back from Vietnam, so that is an experience from
adolescence that remains with me.
On the Blue Water issue, the House has spoken, and it is my
understanding that the issue will be taken up by the Senate. I
stand ready to answer any questions or go down any avenue that
this Committee wants in terms of how we address Blue Water.
Senator Heller. Mr. Wilkie, thank you.
And, to the Chairman, thank you for the time.
Chairman Isakson. Thank you, Senator Heller.
Senator Brown.
HON. SHERROD BROWN, U.S. SENATOR FROM OHIO
Senator Brown. Thank you very much, Mr. Chairman.
Chairman Isakson. Last, but not least.
Senator Brown. Thank you very much for saying that, Mr.
Chairman.
Thank you, Mr. Wilkie. I enjoyed very much our conversation
and wish you well through this process----
Mr. Wilkie. Thank you, sir.
Senator Brown [continuing]. Then, I expect you to be
confirmed as the new VA Secretary.
Yesterday, The Washington Post ran a story about your time
as a staffer for a very divisive--a very racially divisive
Senator. You have been appointed to this job by a very racially
divisive President.
That being said, I will just ask you this. The VA Secretary
needs to serve all veterans, regardless of race, gender,
ethnicity, and sexual orientation. Just yes or no questions.
Will you commit to doing that?
Mr. Wilkie. Absolutely.
Senator Brown. Thank you.
I have worked with two previous Secretaries to establish
the History Research National Heritage Center at the Dayton
VAMC. Will you commit to implementing the existing MOA on this
important project? Yes or no.
Mr. Wilkie. I do, and I look forward to going to Dayton. As
you and I said, I just--this is my geek mode. I just finished
reading a biography of one of Ohio's great Presidents and
learned that Dayton has been the center for VA care for well
over 140 years.
Senator Brown. Good. Thank you. Thank you for saying that.
We have heard reports that VHA cannot account for medical
equipment in VISN 10. Can you commit to get my office
information on the missing equipment?
Mr. Wilkie. Yes, sir.
Senator Brown. Thank you, sir.
I have grave concerns regarding the position in the
administration about privatizing veterans' health care. At
times, Community Care is necessary, which is why we passed the
VA MISSION Act. However, VA should not siphon funding off from
VHA to expand Community Care. Will you commit to fully fund VHA
and stop efforts to privatize the VA?
Mr. Wilkie. I am opposed to the privatization of the
Veterans Affairs Department and will continue to make sure that
VHA is fully funded.
Senator Brown. Thank you.
ProPublica and POLITICO have reported the bulk of the
approximately 1,700 employees fired since the passage of last
year's accountability bill had been low-level employees with
limited offenses, not senior employees with egregious offenses,
which is how the VA said it would use the authority. This gives
me great concern. Will you commit to me that you will not use
this authority to go after whistleblowers or individuals with
limited offenses?
Mr. Wilkie. Absolutely, sir. Absolutely.
Senator Brown. Thank you.
I worked on a provision in the VA MISSION Act to increase
VA vacancy transparency. Will you commit publicly to post--will
you commit to publicly post vacancy data?
Mr. Wilkie. Yes.
Senator Brown. Thank you.
Do you believe the VA has an obligation to provide medical
care and disability compensation for veterans who have been
exposed to toxic chemicals while serving our country?
Mr. Wilkie. Yes.
Senator Brown. Thank you.
Will you increase transparency with Congress on the
Department's position on Agent Orange, presumptive conditions
on Blue Water Navy veterans' eligibility for benefits and to
establish a process to diagnose constrictive bronchiolitis, a
condition caused by burn pit exposures at VA?
Mr. Wilkie. Yes, sir. And, I will add that transparency is
key with this Committee and with the country. During my time
with Senator Tillis, he had me working on the first efforts to
raise the issue of burn pits.
Senator Brown. Good. Thank you. I enjoyed our conversation,
as I said, the other day and appreciated the work that when
Senator Tillis and I cosponsored so many bills together, I
appreciated the work that you did with he and my office. I
thank the both of you.
Mr. Wilkie. Thank you, sir.
Senator Brown. Thank you, Mr. Chairman.
Chairman Isakson. Thank you, Senator Brown.
Senator Tillis.
HON. THOM TILLIS, U.S. SENATOR FROM NORTH CAROLINA
Senator Tillis. Thank you, Mr. Chairman, and, Mr. Chairman,
I first want to thank you and Ranking Member Tester because
you, a couple of years ago, encouraged and endorsed what became
a regular meeting with the leaders of the VA to track their
progress. So, I specifically want to thank Ranking Member
Tester for always being there at every single meeting over the
course of that process with two Secretaries.
Mr. Wilkie, I hope that we have your commitment to continue
that discussion because I think it was very helpful.
Mr. Wilkie. Yes, sir.
Senator Tillis. Mr. Wilkie, I wanted to ask you something.
I had the--I am not going to say the name of the newspaper, but
I am going to have--the person that was reporting the story
called me up. I spent probably 15 minutes, maybe as much as 20
minutes on the phone with them to talk about you. Somehow that
insight was--and much of your recent work history was not at
all reported.
Mr. Chair, without objection, I would like to submit an
article that actually provides context that was written back
in, I believe, 2002 that provides context for a statement that
was asserted in The Washington Post, which I think was out of
context.
Chairman Isakson. Without objection.
[The article appears in the Appendix.]
Senator Tillis. There is something else I wanted to ask
you, and this may require--you have got an incredible sense of
history and a great memory, so hopefully, you will remember
this. It was a vote recommendation in the NDA a couple of years
ago, and at that time, you were my senior advisor. The specific
amendment was related to providing same-sex spouses with
veterans and Social Security benefits. Do you recall how you
recommended that I vote on that?
Mr. Wilkie. Yes, sir. I recommended that you vote yes.
Senator Tillis. And, how did I end up voting?
Mr. Wilkie. You voted yes.
Senator Tillis. Thank you for that recommendation.
There was also a reference--I know Senator Murray was going
to submit questions for the record, but I think it would be
helpful here for some Members who may not see that. I think you
already brought up your role as a floor manager and the
question on equal pay, but there was another reference to the
confederate flag. I do not know exactly how Senator Hirono
framed it, but can you tell me a little bit at least in the
context of the article that has been mentioned here, maybe the
broader context around the confederate flag?
Mr. Wilkie. Yes, sir. The article mentioned participation
in events. There were three events, two sanctioned by the
Department of the Army and Department of Defense and one by the
Speaker of the House. Those events in those days were big
events, participation by Senate and the House Members. At the
last one, the only thing I did was introduce a fellow named Ron
Maxwell, who is the producer of the famous movie
``Gettysburg,'' and I thanked President Obama for his support
of an event that celebrated America's veterans, both Union and
Confederate. President Obama brought--had a wreath delivered by
the Old Guard of the Army.
The broader issue of the flag, to address what The
Washington Post said, I stopped doing many of those things at a
time when that issue became divisive; and I do, though,
believe--and I will say it--and I heard it on Memorial Day at
this Capitol at the Memorial Day concert. I think it was Gary
Sinise who pointed out that 150 years ago in the first
Decoration Day (now called Memorial Day), the most ferocious
warrior in the Union Army, a guy named William Tecumseh
Sherman, said what this Committee is now responsible for. We
honor all veterans, and he ordered flowers and wreaths placed
on the graves of both Union and Confederate soldiers.
So, my last statement on that is I think they have the last
word and that we celebrate veterans.
Senator Tillis. Thank you.
You mentioned Condoleezza Rice, Gates, Rumsfeld, and Mattis
and said that if you had in fact had any history of the sorts
of behaviors that this article put forth, you would not be
working for them. Is there any doubt that if I believe you had
any of that history of behavior, you would ever work for me?
Mr. Wilkie. Absolutely no doubt, sir.
Senator Tillis. You are going to do a great job as
Secretary. I leaned over to Mike Rounds. I said I have got to
make sure I let him know to enjoy the honeymoon because the
floggings will begin soon.
Mr. Wilkie. Yes, sir.
Senator Tillis. We need to make sure that we get you in
there, you act decisively, you have a sense of priority, and
you bring the resources in that will allow you to accelerate
some of the transformation initiatives that you were briefed
on. I should mention that every one of those meetings that
Senator Tester and I have had over the past few years also
included Mr. Wilkie. You have got a keen insight into what
works and what we need to accelerate. I know you have a
commitment, and you are going to bring the intensity that is
necessary and then lacking for quite some time.
So, I look forward to working with you in your new
capacity, and I wish you very well.
Mr. Wilkie. Thank you very much.
Senator Tillis. Thank you, Mr. Chair.
Chairman Isakson. Mr. Wilkie, we have a couple more
questions for you, if you have the patience and the time. I
will have a few, and so does Senator Tester.
One, I would like you to tell me, in your position as the
Under Secretary of the Army, what major accomplishments as
Under Secretary are you proudest of--Under Secretary of
Defense--and how did that experience prepare you for what you
are about to take on at the Veterans Administration?
Mr. Wilkie. Thank you, sir.
First of all, I am extraordinarily proud that someone of
Secretary Mattis' stature asked me to serve with him.
I am very proud that the Office of Under Secretary of
Defense for Personnel and Readiness is now a place where many
people want to work.
I mentioned walking the post and transformative leadership
in that vein, and I think that has begun to happen.
In terms of accomplishments: employing the Exceptional
Family Member Program for the 132,000 military families who
have children with exceptional needs--autism, mental health
issues, cerebral palsy, et cetera; the reform of the Defense
Health Agency, so that we no longer have three independent
health services--Army, Navy, and Air Force--we now have a
Defense Health Administration; and the sexual harassment and
assault policy, which sends a clear message that the military
of the United States has changed, that everyone who signs up
for service deserves dignity and protection.
Finally, to show how P&R has moved, the Secretary of
Defense has empowered my office to take charge of what he
considers to be his most important project, and that is the
Close Combat Task Force. That is the task force that takes the
very deep look into how we train, equip, and fight our front-
line forces, our infantry forces, where 85 to 90 percent of the
casualties take place.
Coming from Secretary Mattis, there is probably no greater
assignment that anyone could have, and I am honored that he
gave me the responsibility to help him on that.
Chairman Isakson. You acknowledged in your testimony
earlier, your speech, that you had been surprised how many
people at the VA had told you they had never seen the Secretary
in that part of the building before.
Mr. Wilkie. Yes, sir.
Chairman Isakson. I can tell you one of the first things I
did when I became Chairman of the Committee is go visit the VA
here and go on the floors. I found the same thing. They had
never seen a Member of Congress either over there, and I do not
think much changed to improve that.
Of all the problems that we have, morale at the VA may be
the biggest single problem. You and I have talked about the
morale change at the CIA when Pompeo went over there and how
much he improved it after some difficult times they had. That
is going to be your biggest challenge. Senator Tester and I are
here to back you up and help you with that. Anything you can do
on the morale issue, we are looking forward to helping you
build the morale of that agency and the esprit de corps.
Mr. Wilkie. Thank you, sir.
Chairman Isakson. Last, I would like to ask unanimous
consent--I guess as Chairman, I can grant. I submit for the
record a letter signed by eight members of the United States
military retired, a former Joint Chief of Staff, a former
Deputy Joint Chief of Staff, and six major flag officers of the
United States military, all in glowing endorsement of your
position as Secretary of the Veterans Administration. I submit
this for the record, without objection.
[The submitted letter is in the Appendix.]
Mr. Wilkie. Thank you, Mr. Chairman.
Chairman Isakson. Senator Tester.
Senator Tester. Thank you, Mr. Chairman.
Once again, thank you for being here today, Mr. Wilkie.
Electronic medical records have been talked about a bit,
and I would just say that I am encouraged with the VA's
purchase of Cerner. You know what the goal is, but I have
concerns about how the VA is communicating its plans to
Congress for this modernization. It has a price tag of $16
billion, and we have a ton of leadership. Vacancies are going
to impact this moving forward at least, I believe. For example,
there is no permanent Deputy Secretary, no Under Secretary for
Health, no Deputy Under Secretary, no Assistant Secretary for
OIT, and no Deputy in OIT.
So, the question is, who do people on this Committee hold
accountable for this program other than yourself?
Mr. Wilkie. Well, that is where--that is where--that is the
be-all and end-all.
Coming from my world, I think Admiral Nimitz was the one
who said if you cannot point to the man in charge, nobody is in
charge; so that is me.
I have pledged to the Committee that I will move as rapidly
as I can, if confirmed, to get those people in place.
I mentioned Dr. Carolyn Clancy as the executive in charge
of VHA. We could not have anybody finer doing that. The process
is moving along because of people like her.
I do pledge that I will be talking with you all about
filling those jobs.
Senator Tester. So, what do you have folks in mind right
now?
Mr. Wilkie. I do not have a list, sir. I have got to be
honest with you. In the 8 weeks that I----
Senator Tester. That is perfectly fine. The Chairman and I
talked about doing an oversight hearing. Man, it is really
tough to do an oversight hearing on the VA right now because
there is nobody to hold accountable, and you need to have some
oversight, quite frankly. I think you would appreciate it.
There was a situation that happened--it is probably over a
year ago--where folks were told not to respond to requests made
by committees. It has never been a problem on this Committee,
and it has never been a problem with previous leadership. But,
I still have got to ask it. If you are asked for information,
are you going to be as transparent as you possibly can to give
that information to anybody on this Committee or anybody in the
Senate, for that matter?
Mr. Wilkie. Absolutely, sir. I was raised in this
institution, and I take Article I seriously.
Senator Tester. OK. So, when it comes to Freedom of
Information Act requests, there are a couple ways to handle it.
People can either turn over the information or they can slow-
roll it. If confirmed, will you require that political
employees comply with any FOIA in a timely manner?
Mr. Wilkie. I will demand that they comply with the law and
with the request from them.
Senator Tester. Aye, Kurumba.
Mr. Chairman, Sen. Blumenthal is coming, so you know.
Chairman Isakson. We are not waiting much longer.
Senator Tester. And, he is not waiting much longer, the
Chairman just told me.
I will give you my closing statement right now, OK?
You have gotten pretty good at this--confirmation. I do not
know how many times you have been in front of a committee to be
confirmed, but you are not a rookie. You not only answered
questions, but you anticipated questions as good as anybody I
have ever seen in front of a Senate committee, not that I have
been here all that long. Yet, I would just say that I, as
others, believe that you are going to be confirmed.
I do not know if I will say it will be a public flogging,
but you will be held accountable. I think that is our job to
make sure that things are moving. We are here representing
veterans because that is who we take our cues from too, so it
is going to be really important that we have a strong leader.
You have got a lot of challenges in front of you, and I would
just say that I think you have the tools to do the job. I do
not think it is going to be easy, and I think there will be
rough waters on occasion, but in the end, if there is good
communication between you and the Members of this Committee,
particularly the Chairman and myself, I think we can smooth a
lot of those rough waters.
Mr. Wilkie. Thank you, sir, and I thank you for your
courtesy to me.
Chairman Isakson. Thank you, Senator Tester. Further,
Senator Tester, if you would inform Senator Blumenthal that we
will adjourn--I will ask the nominee, in the next 48 hours, if
Senator Blumenthal gets you his questions for the record, would
you respond as quickly as possible so he gets those?
We will be in the process of moving toward a confirmation
vote some time in the not-too-distant future, so the quicker
you get those answered, the better off. If you, Senator Tester,
will let Senator Blumenthal know to do that, I would appreciate
it.
Senator Tester. Absolutely, sir.
Chairman Isakson. I want to thank Julie for being here. You
are lucky you married a great lady. You know that. She sat
there the whole time. She has had your back the whole time.
I want to thank everyone. Our VSOs, we are so grateful for
you being here. You have been a part of this process from the
beginning, and to the Members of the Committee, I thank them
for their insightful questions and the endurance of time they
have spent here and all they have done to help us make this
successful.
We have all got each other's back. We are all going to work
hard to make our Veterans Administration of the United States
of America better than it has ever been before with a new
Secretary, Mr. Wilkie.
We stand adjourned.
[Whereupon, at 4:15 p.m., the Committee was adjourned.]
A P P E N D I X
----------
Endorsement Letter Submitted by Hon. Johnny Isakson
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
______
Newspaper Article Submitted by Hon. Thom Tillis
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
HEARING ON PENDING NOMINATIONS
----------
WEDNESDAY, SEPTEMBER 5, 2018
U.S. Senate,
Committee on Veterans' Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 2:32 p.m., in
room 418, Russell Senate Office Building, Hon. Johnny Isakson,
Chairman of the Committee, presiding.
Present: Senators Isakson, Moran, Heller, Cassidy, Rounds,
Sullivan, Tester, and Brown.
OPENING STATEMENT OF HON. JOHNNY ISAKSON, CHAIRMAN, U.S.
SENATOR FROM GEORGIA
Chairman Isakson. I call to order this meeting of the
Veterans' Affairs Committee of the U.S. Senate, and welcome
everybody that is here today.
The purpose of this hearing is to have a hearing on two
nominees for positions within the VA of tremendous
responsibility and importance. The Ranking Member and I will
make opening statements. We will then go to our two
distinguished nominees for their opening statement, then
question and answer on behalf of all of the Committee.
I want to start this by saying something that is not in my
prepared remarks. This morning there was an announcement or it
came to my attention, that the Veterans Administration has
screwed up accountability and responsibility for a Forever GI
bill provision and benefit, which is going to potentially
change about 346,000--the checks of 346,000 veterans.
When I heard about it I said, ``How could we do that?'' It
turned out we did it because we were not watching our
responsibility. The changes should have been made in the
Technology Center, and it was not made, the checks and balances
we have built in the system were not followed, and there was
nobody to really take responsibility.
I am not springing this on our two nominees today because I
explained it to them in the back room before the meeting. I
hate people to come in and embarrass anybody; I am not here to
embarrass them for 1 second.
Now, if it is a year from now and they are in their
position, and we are talking about the same thing, I will
embarrass the hell out of them, because it is time that we
stopped having a VA--it is time that our VA caused its own
support and brought its support behind it and supported them,
because they were making the right decisions at the right time,
finding out what was wrong and fixing it, and taking pride in
their job.
We have a lot of great people at the Veterans
Administration. We have a lot of great people--physicians,
technologists, mental health folks, providers of educational
services, all types of things like that--changing lives for
veterans who have served our country. They deserve a better VA
than we have given them in the past, which the Ranking Member
and I have tried, as Committee officers; we tried through Mr.
McDonald, as Secretary, we tried in other ways with Secretaries
to get the agency itself to be achieving peak performance.
I think with Mr. Wilkie in place that will happen. I have
been very impressed, as most of you--all of you that have
talked to me have been impressed with Mr. Wilkie. Although I am
talking about this problem today, it is his problem. The buck
stops with him.
But, we also happen to have the information technology guys
responsible. Mr. Gfrerer--and if I have missed that French
pronunciation I apologize. Gfrerer--is that right?
Mr. Gfrerer. Gfrerer.
Chairman Isakson. Gfrerer. That is close. But, it is your
responsibility now, and you are on notice. I am going to talk
to him as soon as--he and I will be together Friday in Atlanta
anyway, so we will have a chance to talk about this. We are
going to take great pride in finding out where we can make
ourselves strong. We are going to take great pride in making
our agency an agency that is responsive and responsible to our
veterans. We are going to keep our promises. We are not going
to wake up to stories in the newspaper that we had not heard
anything about.
I just do not want to be waking up in North Dakota, or
South Dakota, or wherever you might be, and reading the
newspaper and finding out something happened at the Veterans
Administration, and run into a reporter who says, ``Oh, you are
on the Committee. Do you know anything about this?'' ``No.''
That just should not happen; which is a breakdown between me
and you, or me and the Committee, or the Committee and the VA.
We are going to make sure we know what we need to fix, then we
are going to fix it. We are going to do it with a smile on our
face, a positive attitude, and do it for all the right reasons.
We serve the people who have served us, which are the veterans
of the United States military.
I had a nice speech which I was prepared to give all of
you, but it just occurred to me this would be the perfect time
to deal with a real dilemma. It would have to be
contemporaneous with our hearing today, to go ahead and address
it in the way I want to address everything, and that is
identify the problem, locate the person responsible, hold them
accountable--which is where our second nominee comes in today
because she is doing the whistleblower and accountability
portion that we passed in the change we made at the VA anyway.
So, we have really got all the appropriate characters here, and
then we are the other characters that have the responsibility
as well. We are going to all work together to be a very
responsive and responsible Veterans Administration.
With that said I am proud to introduce the Ranking Member,
Jon Tester, for any remarks that he may have.
OPENING STATEMENT OF HON. JON TESTER, RANKING MEMBER, U.S.
SENATOR FROM MONTANA
Senator Tester. Thank you, Chairman Isakson. I appreciate
your leadership and I appreciate what you have done for
veterans and this Committee.
Ms. Bonzanto and Mr. Gfrerer, thank you for being here.
Thank you for your willingness to serve. You have both been
nominated for two very important positions in the VA. If you
are confirmed, I hope that we have a constructive conversation,
because communication is critically important.
I would also say that one of the things that I have talked
to many folks in the VA about, including Secretary Wilkie, was
we need to start out by talking about good things that the VA
does, so I am going to do that.
I think the VA has done some great work with the appeals,
and I hope they continue to do that, and I hope they do not
take their foot off the gas. That being said, late last Friday
afternoon, on the cusp of a holiday weekend, the VA issued data
that it was required to make public under the recently passed
VA MISSION Act, that this Committee worked very hard on. That
data showed there are more than 45,000 vacancies in the VA.
These numbers are significantly different than what the VA
previously shared with this Committee and with the public, so
think about that for a second.
Instead of constructively engaging with Congress about the
magnitude of that information, especially the more than 40,000
vacancies at the Veterans Health Administration, VA shared that
information a few minutes before it issued a press release late
Friday afternoon, before the Labor Day weekend.
Mr. Chairman, beyond the larger issue of how VA
communicates with this Committee, I have some serious concerns
about the Department's ability to thoughtfully address
workforce shortages. It is the biggest problem within the VA.
Most people in the VA understand that.
In my view, the VA has not fully utilized the tools and
resources that this Committee has pushed through Congress in
recent years, including those in the MISSION Act. I will soon
be calling on the Department to release information about how
it uses the tools, because these vacancies continue to be the
biggest barrier for health for our veterans in this country.
And, if the VA is not taking the matter seriously enough--I do
have confidence that Secretary Wilkie will--but we are going to
have to make it a priority, because the VA is not going to get
better until the vacancies are addressed.
So, confirmed nominees, I hope that you will do better than
this. Friday night news dumps do not work. Shirking off
requirements set into law, they do not work. The VA MISSION Act
mandated that three additional reports be delivered to Congress
yesterday. As of today we received two of the three. One of
those reports was very important to generations of Americans
and has to do with the Caregiver Program. That is a problem.
The VA needs to be hitting these early milestones. If it is
going to meet the later ones, it needs to do better. And, I
hope that if you are confirmed you will do better.
Ms. Bonzanto, your role would be to advise Secretary Wilkie
on all matters relating to accountability and to be an
effective voice on behalf of VA employees and whistleblowers. I
met with you. You answered the questions. I appreciate it, but
this is no easy task. We are living in a time when
accountability has become shorthand for firing and when
whistleblowers from the VA make up more of the Office of
Special Counsel's workload than any other agency.
We will want to know how you seek to transform the Office
of Accountability and Whistleblower Protection from a loosely
organized office that it has been, criticized for withholding
information from the IG, standing by while low-level employees
are targeted for accountability actions rather than managers
and senior levels.
According to both the GAO and the whistleblowers, who have
reached out to my office, allowed their complaints to be
investigated by the very individuals that the complaints are
against in the first place.
Ms. Bonzanto, I think you have a real opportunity to
initiate cultural changes within the agency, so it welcomes an
airing of problems and concerns so that the VA can truly be a
welcoming place for employees and deliver even better, high-
quality health care and benefits for those that the VA serves,
our veterans.
As I am sure you know, VA is routinely found to be one of
the least attractive agencies to work, and I think that is a
real travesty, given that more than 30 percent of the VA's
workforce is veterans. I want to hear more about your plans for
the office for which you have been nominated and how you intend
to help to build the VA to become the employer of choice for
those who are called for Federal service.
Mr. Gfrerer, I will not sugarcoat this. You will be heavily
involved in the largest care IT transformation in American
history. It is not going to be a small task. You and the
Secretary will be held accountable by myself, the Chairman, and
this Committee, and the American public if the Electronic
Health Record modernization project goes south. That is a lot
of money. It is very important. We have been talking about this
issue for literally more than a decade.
So, today I want to hear how you are going to ensure that
the project does not go south, and I will need to know how you
will balance that effort with other high priorities within the
VA, including appeals modernization and improving the agency's
education IT platform. We will also need your support for
continued development for VISTA for veterans who will not be
treated on the Cerner EHR for several years.
What I really want to learn today is whether both of you
are up for this task. These jobs are important jobs. We need to
know that you are the right folks for these jobs. I look
forward to the discussion and I also want to thank you, and I
mean this. Thank you for your willingness to serve.
Chairman Isakson. Thank you, Senator Tester. We will
administer the oath before your testimony, before your
speeches. So, if you will both stand please and raise your
right hand.
Do you solemnly swear or affirm that the testimony you are
about to give before the Senate Committee on Veterans' Affairs
will be the truth, the whole truth, and nothing but the truth,
so help you God?
Mr. Gfrerer. I do.
Ms. Bonzanto. I do.
Chairman Isakson. Please be seated.
We are pleased to welcome Ms. Tamara Bonzanto to be
Assistant Secretary for Accountability and Whistleblower
Protection, Department of Veterans Affairs. Welcome. We are
glad to have you here today.
Also here today is James Paul Gfrerer--and I am always
going to get his name wrong. I apologize. I am trying to say my
high school French, which I made a D in, by the way--to be
Assistant Secretary for Information Technology at the
Department of Veterans Affairs, which is the signature point of
contact for the benefits that are paid to our veterans, and for
the information that we need as a Committee to create the
programs and the solutions to the problems our veterans have.
Both of you have tremendously important appointments.
I have expressed to you, behind the door here, my complete
confidence that you have the capability of doing it, and in
front of all these people here I am telling you exactly what
Jon just said a minute ago. We are going to hold you
accountable. We want you to be a success in the worst kind of
way, and we want to help you do anything you need to do to be a
success, but you have got to talk to us, you have got to work
with us, and you have got to do your job; plus you have got to
empower the Veterans Administration people under you to do the
job for our veterans.
We are delighted that both of you are here. Ms. Bonzanto,
we will go to you first to give your testimony. Hopefully, you
can hold it to about 5 minutes. If you go a little bit longer,
if you let that time go too long, I will interrupt you. So,
welcome, and please introduce your family who are here with
you.
STATEMENT OF TAMARA BONZANTO TO BE ASSISTANT SECRETARY FOR
ACCOUNTABILITY AND WHISTLEBLOWER PROTECTION, U.S. DEPARTMENT OF
VETERANS AFFAIRS
Ms. Bonzanto. Yes, sir. Chairman Isakson, Ranking Member
Tester, and distinguished Members of the Committee, I want to
thank you for the opportunity and privilege to come before you
and seek your endorsement to serve as the Assistant Secretary
of VA's Office of Accountability and Whistleblower Protection.
I am honored to have been nominated by President Trump and I am
thankful for the opportunity to have met individually with many
of you following my nomination. This Committee's support and
commitment to our Nation's veterans and their families are
encouraging and greatly appreciated.
I am joined here today by my husband Benjamin Bonzanto, an
Army combat veteran, who served in Operation Iraqi Freedom and
Operation Enduring Freedom; my twins, Lilliana and Sophia; and
my mentor, Dr. BethAnn Swan, my nurse colleague. My eldest
daughter, Alexandra, is not here, and I want to wish her well
on her first day in high school.
I am honored to be testifying before the U.S. Senate, and I
want to tell you my American story. I grew up in Trinidad, in a
poor area with poor prospects and limited educational
opportunities. I migrated with my family to this great nation
when I was 15 years old. I am the eldest of four children and
my parents could not afford my education beyond high school.
During a high school college fair, I told a Navy recruiter
my dilemma, and he had a solution. On September 4, 2001, I
enlisted in the U.S. Navy. I served as a Hospital Corpsman in a
variety of roles and was honorably discharged in 2006. After
active duty service, I earned my bachelor of science degree in
nursing from Jefferson College of Nursing at Thomas Jefferson
University in Philadelphia. I continued my work in health care
with the Philadelphia Housing Authority as a nurse case
manager.
In 2012, my passion for assisting servicemembers brought me
back to the military as a contracted nurse case manager for the
Army Reserves. While in this role, I became an expert in
coordinating soldiers' health care between the Department of
Defense, Department of Veteran Affairs, and civilian health
care providers in 13 northeastern States.
In 2015, after my contract ended, I left my family in New
Jersey and came to Capitol Hill when a nationwide VA health
care access crisis was revealed. My unique blend of experiences
and passion for the mission made me the ideal choice to become
the House Veteran Affairs Subcommittee on Oversight and
Investigation health care investigator.
In this role, I witnessed firsthand the work of VA
employees and the impact it has on the everyday lives of our
Nation's veterans. As a veteran and the wife of a combat
veteran, I have seen and experienced the commitment of
hardworking VA employees. As a veteran myself, I utilized the
Post-9/11 GI bill to complete my undergraduate and graduate
degrees in nursing. After my husband's combat tours, he also
accessed health care services and used his Post-9/11 GI Bill
benefits to complete a graduate degree. After service to our
country, we relied on VA for services and benefits to help us
integrate into civilian life.
Professionally, I have worked with countless service men
and women, veterans and their families to coordinate care and
services with VA. I know and understand the importance of VA's
mission. As a nurse, I have seen the struggles servicemembers
experience when integrating into civilian life after war and
military service. I can say from personal experience that the
battle continues after our servicemembers return home.
I have been asked on numerous occasions, why do you want
this position? I have put much thought into this, and I know
this will not be an easy task. I have agreed to take on this
mission because my fellow veterans deserve a health care and
benefits system where there is trust, advocacy, transparency,
and accountability. Every era of veterans have struggled at
some point to access services within VA. I do not want history
to keep repeating itself.
We need to change our approach to serving veterans, and I
see this office as a catalyst for changing the culture in VA.
As a registered nurse, I understand the importance of having
transparency, advocacy, and accountability in health care. The
Office of Accountability and Whistleblower Protection has the
potential to improve communication and employee engagement,
build trust, enhance advocacy, and improve transparency with
both VA employees and the veterans they serve. I see many
opportunities to bring stakeholders from all aspects of VA to
the table to have a meaningful dialog about improving the
delivery of services.
Whistleblowers have been an essential part of our oversight
work in Congress and I value their commitment to improving care
and services for my fellow veterans. I want VA to be a place
where an employee can trust that their chain of command will be
honest and have integrity.
Veterans and employees should feel safe reporting concerns
about the services they receive. If confirmed, I pledge to work
with the Secretary and internal stakeholders to improve
customer service and the culture of VA and improve
communication with external stakeholders, including the Office
of Special Counsel, the VA's Office of Inspector General, the
Government Accountability Office, and Congress. I am also
committed to improving and developing policies and processes to
guide OAWP operations as well as improve OAWP staff training.
That is a key point.
I am committed to continuing advocating for veterans and VA
employees. I know what it takes to leave your family and serve
in the military. I want all veterans to know that after their
service, the VA will be here to fulfill President Lincoln's
promise, ``To care for him who shall have borne the battle, and
for his widow, and his orphan.''
Thank you all for this opportunity, and I look forward to
your questions.
[The prepared statement of Ms. Bonzanto follows:]
Prepared Statement of Dr. Tamara Bonzanto, RN, DNP, Nominee to be
Assistant Secretary for Accountability and Whistleblower Protection,
U.S. Department of Veterans Affairs
Chairman Isakson, Ranking Member Tester, and Distinguished Members
of the Committee on Veterans Affairs, I want to thank you for the
opportunity and privilege to come before you and seek your endorsement
to serve as the Assistant Secretary of VA Office of Accountability and
Whistleblower Protection. I am honored to have been nominated by
President Trump, and I am thankful for the opportunity to have met
individually with many of you following my nomination. This Committee's
support and commitment to our Nations veterans and their families are
encouraging and greatly appreciated.
I am joined here today by my husband Benjamin Bonzanto, an Army
Combat Veteran, who served in Operation Iraqi Freedom and Operation
Enduring Freedom, my twins Lilliana and Sophia, my brother Christopher,
and my mentor Dr. BethAnn Swan. My eldest daughter Alexandra is not
here, and I want to wish her well on her first day in high school.
I am honored to be testifying before the U.S. Senate, and I want to
tell you my American story. I grew up in Piporo, a small village in
Trinidad, in a poor area with poor prospects and limited educational
opportunities. I migrated with my family to this great nation when I
was fifteen years old. I am the eldest of four children and my parents
could not afford my education beyond high school. During a high school
college fair, I told a Navy recruiter my dilemma, and he had a
solution--on September 4th, 2001, I enlisted in the U.S. Navy and was
on my way to boot camp. I served as a Hospital Corpsman in a variety of
roles and was honorably discharged in 2006. After active duty service,
I earned my Bachelor of Science degree in nursing from the Jefferson
College of Nursing at Thomas Jefferson University in Philadelphia. I
continued my work in healthcare with the Philadelphia Housing Authority
as a nurse case manager.
In 2012 my passion for assisting servicemembers brought me back to
the military as a contracted nurse case manager for the Army Reserves.
While in this role I became an expert in coordinating soldiers'
healthcare between the Department of Defense, Department of Veteran
Affairs, and civilian health care providers in 13 northeastern states.
I also served as a medical readiness advisor to the Army Reserves in
the Northeast Region.
In 2015, after my contract ended, I left my family in New Jersey
and came to Capitol Hill when a nationwide VA health care access crisis
was revealed. My unique blend of experiences and passion for the
mission made me the ideal choice to become the House on Veterans'
Affairs Subcommittee on Oversight and Investigation, healthcare
investigator. During my time on the Committee, I was also committed to
continuing my education and completed a Master of Science in Nursing
and Doctor of Nursing Practice-Community Systems Administration.
In this role, I witnessed first-hand the work of VA employees and
the impact it has on the everyday lives of our Nation's Veterans. As a
Veteran and the wife of a combat Veteran, I have seen and experienced
the commitment of hardworking VA employees. As a veteran myself, I
utilized the Post-9/11 GI Bill to complete my undergraduate and a
graduate degrees in nursing. After my husband's combat tours, he also
accessed healthcare services and used his Post-9/11 GI Bill benefits to
complete a graduate degree. After service to our country, we relied on
VA for services and benefits to help us integrate into civilian life.
Professionally, I have worked with countless service men and women,
veterans and their families to coordinate care and service with VA. I
know and understand the importance of VA's mission. As a nurse, I have
seen the struggles servicemembers experience when integrating into
civilian life after war and military service. I can say from personal
experience that the battle continues after our Soldiers and Sailors
return home. The physical, psychological and emotional wounds of war
haunt our service men and women years after service and VA has a
critical role to in delivering quality healthcare and timely benefits.
I have been asked on numerous occasions, why do you want this
position? I have put much thought into this, and I know this will not
be an easy task. I agreed to take on this mission because my fellow
veterans deserve a healthcare and benefits system where there is trust,
advocacy, transparency, and accountability. Every era of veterans have
struggled at some point to access services within VA, and I do not want
history to keep repeating. We need to change our approach to serving
veterans, and I see this office as the catalyst for changing the
culture in VA. As a Registered Nurse, I understand the importance of
having transparency, advocacy, and accountability in healthcare. The
Office of Accountability and Whistleblower Protection has the potential
to improve communication and employee engagement, build trust, enhance
advocacy and improve transparency with both VA employees and the
Veterans they serve.I see many opportunities to bring stakeholders from
all aspects of VA to the table to have meaningful dialogs about
improving the delivery of services.
If confirmed I am committed to collaborating with both internal and
external stakeholders to support a working environment where employees
feel safe identifying concerns and comfortable with the processes for
reviewing or investigating concerns.
Whistleblowers have been an essential part of our oversight work in
Congress, and I value their commitment to improving care and services
for my fellow veterans. I want VA to be a place where an employee can
trust that their chain of command will be honest and have integrity.
Veterans and employees should feel safe reporting concerns about the
services they receive.
In the next few months, the Veteran's Health Administration will be
undergoing significant transformation, with the planning and
implementation of the Mission Act, Caregiver expansion, transformative
IT Modernization and the implementation of the Electronic Health
Records Program. The Veterans Benefits Administration will be focused
on reducing the claims and appeals backlog. We cannot afford to keep
the status quo; we need all hands on deck committed to executing the
President's and the Secretary's priorities for our Nation's Veterans.
If confirmed, I pledge to work with the Secretary and internal
stakeholders to improve customer service and the culture of VA and
improve communication with external stakeholders, including Office of
Special Counsel, the VA Office of Inspector General, the Government
Accountability Office and Congress. I am also committed to improving
collaboration with VA Human Resources and Administration to develop
policies and processes to guide OAWP operations and improve OAWP staff
training.
Serving this country provided me with the opportunity to become
educated and live my American dream. I understand the importance of
public service and as a nurse I am passion about caring for people.
I am committed to continuing advocating for veterans and VA
employees. I know what it takes to leave your family and serve in the
military. My shipmates became my family when I joined the Navy, and I
have lifelong brother and sisters who are still serving this great
country. I want them and all Veterans to know that after their service,
the VA will be here to fuflfill President Lincoln's promise ``To care
for him who shall have borne the battle, and for his widow, and his
orphan.''
Thank you all for this opportunity, and I look forward to your
questions.
______
[The Committee questionnaire for Presidential nominees
follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
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[A letter from the Office of Government Ethics follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
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[Letter from Tamara Bonzanto to the Office of General
Counsel, U.S. Department of Veterans Affairs:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
______
Response to Prehearing Questions Submitted by Hon. Johnny Isakson to
Tamara Bonzanto, Nominee to be Assistant Secretary for Accountability
and Whistleblower Protection, U.S. Department of Veterans Affairs
Question 1. Please describe your background and qualifications to
be Assistant Secretary for Accountability and Whistleblower Protection.
Response. In my current role as a Health Investigator for the House
Veterans' Affairs Committee, I have worked extensively with VA
whistleblowers and Veterans. In the last three years I have conduct
site visit and Congressional staff visits to VA facilities across the
country to review and investigate multiple VA programs. I also recently
completed a Doctor of Nursing Practice degree focused on Community
Systems Administrations. Evidence-based practices guide my practice,
and I have used my skills as a Registered Nurse to collect, review,
investigate and refer cases to the VA OIG, the Office of Special
Counsel and the Government Accountability Office.
Question 2. Please describe your understanding of the role of the
Assistant Secretary for Accountability and Whistleblower Protection at
the Department of Veterans Affairs (VA) and how you would fulfill that
role if confirmed.
Response. As a Registered Nurse, I understand the importance of
having transparency, advocacy, and accountability in healthcare. This
role presents the opportunity to build trust, enhance advocacy and
improve transparency with both VA employees and the Veterans they
serve. If confirmed, I am committed to collaborating with both internal
and external stakeholders to support a working environment where
employees feel safe identifying concerns and are comfortable with the
processes for reviewing or investigating concerns.
Question 3. What experience have you had working with
whistleblowers and how would that experience inform your work as
Assistant Secretary for Accountability and Whistleblower Protection, if
confirmed?
Response. Over the last few years, my interactions with
whistleblowers included phone calls, emails, fax, mail and face to face
contact during oversight visits or in Washington D.C. I have worked
extensively with whistleblowers to review evidence and also refer their
cases to the appropriate entities. Whistleblowers have been an
essential part of our oversight work, and I value their commitment to
improving care for veterans.
Question 4. If confirmed, what would be your priorities as the
first Assistant Secretary for Accountability and Whistleblower
Protection at the VA?
Response. If confirmed, I pledge to work with the Secretary and
internal stakeholders to improve customer service and the culture of
VA, improve communication with external stakeholders, including OSC, VA
OIG, GAO and Congress, improve collaboration with VA Human Resources
and Administration and develop policies and processes to guide OAWP
operations and improve OAWP staff training.
Question 5. Please explain your experience with investigating
wrongdoing in government agencies and how that experience would help
you lead the Office of Accountability and Whistleblower Protection.
Response. In my current role on the House Veterans' Affairs
Committee, I have reviewed evidence files, conducted site visits, met
with witnesses, investigated allegations of wrongdoings and worked with
Congressional stakeholders. I understand the importance of transparency
and building trust within the organization. I have worked extensively
to collecting evidence and referring cases to VA OIG, OSC, and the
Government Accountability Office.
Question 6. If confirmed, how would you plan to work with Congress
to ensure it is kept aware of challenges related to accountability and
protecting whistleblowers in the VA?
Response. If confirmed, I plan to have regular briefings to
Congress on OAWP operations, policies, and procedures. I also will
ensure the timely submission of all congressionally mandated reports on
the office.
Question 7. Have you met with Secretary Wilkie, and if so, how did
that meeting inform your expectations of what your role would be at VA
if confirmed?
Response. No. I have had no conversations with Secretary Wilkie
regarding this role. However, if confirmed, I plan to regularly meet
with the Secretary to provide advice and receive direction.
Question 8. Do you believe the Department of Veterans Affairs
Accountability and Whistleblower Protection Act of 2017 provides VA
with all the tools it needs to sufficiently hold its employees
accountable and protect whistleblowers who are trying to improve the
Department?
Response. Yes.
Question 9. If confirmed, what kind of working relationship would
you seek with VA's Inspector General and with the Office of Special
Counsel? How would you like to see these offices work with VA's Office
of Accountability and Whistleblower Protection to make sure VA is
serving veterans?
Response. If confirmed, I am committed to collaborating and
communicating with the VA OIG and the Office of Special Counsel. In my
current role on the House Veterans' Affairs Committee, I have referred
cases to both of these agencies and have been in numerous briefing with
the staff. I currently have a positive working relationship with VA OIG
and OSC.
______
Response to Prehearing Questions Submitted by Hon. Jon Tester to Tamara
Bonzanto, Nominee to be Assistant Secretary for Accountability and
Whistleblower Protection, U.S. Department of Veterans Affairs
Question 1. Why do you seek this position?
Response. I seek this position to help address concerns related to
accountability and whistleblower protection. Over the last three years,
I have worked with numerous Veterans and VA employees to address
administrative barriers to getting responses to inquiries within VA.
As a Registered Nurse, I understand the importance of having
transparency, advocacy, and accountability in healthcare. This role
presents the opportunity to build trust, enhance advocacy and improve
transparency with both VA employees and the Veterans they serve. If
confirmed, I am committed to collaborating with both internal and
external stakeholders to support a working environment where employees
feel safe identifying concerns and are comfortable with the processes
for reviewing or investigating concerns.
Question 2. Please describe your understanding of VA's mission. In
your response, please describe how you would use the position for which
you have been nominated to further that mission.
Response. VA's mission is ``To fulfill President Lincoln's promise
``To care for him who shall have borne the battle, and for his widow,
and his orphan'' by serving and honoring the men and women who are
America's Veterans.'' This mission statement is clear, and as a Veteran
and wife of a combat Veteran, I have first-hand experience of how VA
cares for and provides benefits to Veterans. My husband completed
several tours in Operation Iraqi Freedom and Operation Enduring
Freedom. VA health services and benefits allowed him the opportunity to
get healthcare and earn a graduate degree. As a Veteran myself, I
utilized the Post-9/11 GI Bill to complete undergraduate and graduate
degrees in nursing. After service to our country, we relied on VA to
help us integrate into the civilian workforce. Professionally, I have
worked with Veterans and their families to coordinate care and service
with VA. If confirmed, I will use this office to help improve
transparency and build public trust. I am committed to working with all
stakeholders to ensure Veterans receive quality health care and
services they deserve.
Question 3. Have you spoken to the Secretary about his expectation
for what your role would be within his team? If yes, what was
discussed?
Response. No. I have not had any conversations with Secretary
Wilkie regarding this role.
Question 4. Have you spoken to the President or anyone at the White
House about what your role would be within the Administration? If yes,
what was discussed?
Response. Yes. I met with Presidential Personnel Office staff as
part of the interview process. We discussed my qualifications and
relevant work experiences.
Question 5. On matters of policy, do you believe you will be
receiving direction from the Secretary or someone at the White House?
Response. Yes.
Question 6. What are your top three specific and measurable goals
as Assistant Secretary of Accountability and Whistleblower Protection
and how would you achieve them?
Response. If confirmed I hope to accomplish these items within the
first 90 days:
Complete an analysis of the current office.
i. Identify the organization strengths, weaknesses,
opportunities and threats related to internal and external
factors and evaluate current staffing models
Improve internal and external stakeholder engagement and
communication.
i. Meeting with stakeholders to discuss expectations and ways
to improve communication and engagement
Collaborate with Human Resources and Administration to
develop standardized staff training to enhance awareness about OAWP
roles and responsibilities.
i. Use clearly defined processes and guidelines so employees
and managers can have a clear understanding of their rights as
a whistleblower.
Question 7. Please describe your prior interactions with labor
unions, whether public or private. What is your experience in dealing
with unions or employees who have collective bargaining rights? If
confirmed, what will be your plan to work with employee unions? Do you
believe they play an important role in bridging communication between
VA employees and management?
Response. In my current role on the House Veteran Affairs'
Committee, I have met with multiple local union leaders and members.
During site visits, whistleblowers occasionally request their union
representative be present during our meetings. If confirmed, I am
committed to collaborating with my VA colleagues within the Office of
Human Resources and Administration to cultivate engagement and improve
communication with union employees.
Question 8. How do you anticipate building and maintaining a
positive relationship with the Department's Inspector General, who
plays a key role in making sure taxpayer dollars are spent wisely?
Please describe your dealings with Inspectors General previously. Did
those experiences color your view of the work of the OIG?
Response. If confirmed, I am committed to regularly collaborating
and communicating with the VA OIG. In my current role, I have referred
cases to the IG and have been in numerous briefings with the staff. I
currently have a positive working relationship with the VA OIG staff.
Question 9. How do you anticipate building and maintaining a
positive relationship with the Office of Special Counsel, which assists
in protecting Federal employees and applicants from prohibited
personnel practices, especially reprisal for whistleblowing. Please
describe your dealings with OSC previously. Did those experiences color
your view of OSC's work?
Response. I currently have a working relationship with staff from
the Office of Special Counsel. As part of my current role, we have met
to discuss VA case loads and whistleblower retaliation. I do not
anticipate any problems collaborating on issues related to VA
employees.
Question 10. Earlier this year, the Department released a statement
that said in part, ``[E]mployees who were wedded to the status quo and
not on board with this administration's policies or pace of change have
now departed VA.'' Is such a statement the right message to be sending
to rank and file VA employees? Potential employees? Whistleblowers?
Response. I read this message, and the context highlights that
employees who are not aligned with the mission of VA have departed. In
my opinion, employees in any organization have the right to leave an
organization if they do not believe in the mission.
Question 11. VA oftentimes has difficulty recruiting medical
professionals into the system in the face of frequent negative media
reports about the Agency. How would you use the Office of
Accountability and Whistleblower Protection as a positive factor in
recruiting these individuals? How would you use your experiences as a
committee staff member to assist in improving recruitment and retention
of these critical professionals?
Response. If confirmed, I am committed to working with HR&A
leadership to improve the retention of employees. I will also use my
experience as a Health Investigator to be a voice for both employees
and Veterans. I have conducted numerous oversight visits, and this
experience has taught me that we need to listen to employees and
Veterans. I believe having meaningful dialogs will improve
communication and transparency.
Question 12. If confirmed, what will you do to foster an
environment that allows employees with concerns to be able to express
them?
Response. If confirmed, I will work with VA's Patient Advocacy
Office and VA's human resources department to improve customer service.
I will also work to ensure that employees have the opportunity to
communicate with leadership through townhalls and online forums.
Question 13. Describe your previous management experience, to
include the number of employees you supervised or managed. Of those
experiences, which have best prepared you to succeed in the office for
which you have been nominated?
Response.
Hospital Corpsman--Responsible for coordinating training
and maintenance of training records for approximately 25
servicemembers, was also the safety coordinator for the primary care
practice.
Practice Coordinator of Internal Medicine Clinic--directly
supervised ten frontline employees and was responsible for the
oversight of 5 physicians in the practice.
Ave Elderly and Disabled Services, Nurse Manager--I
assumed the responsibility and accountability for all the nursing care
of 30 clients that attend the adult day center. Supervised licensed
nurse and 3 certified nursing personnel in the delivery of therapeutic
care daily. Also completed care plans, comprehensive assessments and
deliver care accordingly.
Contract Nurse Case Manager--Managing contract nursing
team of 5 nurses and advised military commanders about Soldiers medical
readiness. At any given time, I was responsible for case managing 150-
175 Soldiers in 13 northeastern states. Responsible for coordinating
care between DOD, VA and civilian health systems.
I can manage cases remotely and oversee my patient's care
in multiple health systems. The complexity of these cases often varied
and required me to be flexible and adaptable. My experiences as a nurse
on the Committee have broadened my knowledge about VA's operations and
accountability issues. As a registered nurse, my approach to problem-
solving has always been evidence-based, and I intend to use this
approach if confirmed as the Assistant Secretary for OAWP.
Question 14. What is your management style? Are you a ``hands-on''
manager? Do you rely on significant delegation? Do you seek consensus
before making a decision or do you generally gather relevant
information and input, and then make a decision?
Response. I am a transformational leader, and I believe that good
performance should be recognized. I also believe in creating a trusting
working environment which fosters open communication.
Question 15. How would your prior subordinates describe your
management style?
Response. They would say I am trustworthy and transparent.
Question 16. Do you agree that VA employees have an absolute right
to petition or communicate with Members of Congress and congressional
staff about matters related to VA matters and that right may not be
interfered with or denied?
Response. Yes.
Question 17. What would you do to ensure that Members of Congress
are advised in advance of problems, issues, and emerging matters?
Response. I will ensure the Secretary is aware of critical issues
that Congress should be aware of and then follow his guidance for
informing members and their staff.
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 if confirmed?
Response. Yes. I agree to respond appropriately to such Committee
requests.
Question 19. In response to question 9 of the Committee's
Questionnaire for Presidential Nominees, you noted three nursing-
related public statements. As a staffer on the Committee on Veterans'
Affairs, did you ever provide any other remarks, lectures, panel
discussions, conferences comments, political speeches or participate in
any question-and-answer sessions in your capacity as a staff member of
that Committee?
Response.
Nurse Organization of Veteran Affairs Legislative Round
Table--3/16/2018
i. I did not provide any statements for the record
I staffed committee members during roundtable discussions
or committee hearings.
Question 20. There are reports that the Administration, through the
Office of General Counsel or other individuals, has ordered agencies to
not provide responses to Democrats' information requests. If you were
to receive such an order, what would you do? Have you participated in
or been aware of any communications where this topic was discussed?
Please provide details on the participants in this discussion, the
substance of the discussion, and any outcomes.
Response. I am not aware of any such conversations.
Question 21. Please describe your interactions with whistleblowers
during your time working on the Committee on Veterans Affairs.
Response. Over the last three years, my interactions with
whistleblowers included phone calls, emails, fax, mail and face to face
contact during oversight visits or in Washington D.C.
Question 22. Have you recused yourself from interactions with
whistleblowers since being nominated?
Response. No.
Question 23. Since your nomination, have you engaged in any
Committee oversight business or inspections at locations that may be
the subject of OAWP investigations?
Response. Since my nomination, I have conducted oversight visits
within VA. I cannot speak to any OAWP investigation at the sites I
visited.
Question 24. Do you believe that facility leadership is capable of
performing unbiased investigations into whistleblower complaints at
their own facilities?
Response. No.
Question 25. Do you believe whistleblower retaliation occurs at VA
and what will you do to address it?
Response. Yes. I will use my skills to assess the evidence,
evaluate the action taken and give my recommendation to the Secretary.
Question 26. Have you used your position on the Committee to
further the interests or treatment of yourself or your family members?
Response. No.
Question 27. Given your role and experience on the Committee,
please explain your perspective on Congressional Oversight, and how it
will shape your work if confirmed as Assistant Secretary?
Response. Congressional oversight is a necessary part of the
American system of checks and balances. Committee oversight allows
Congress to review and monitor programs, activities and policy
implementation within the executive branch. I understand the importance
of transparency and collaboration with Congressional partners. It is
vital that executive leadership communicate with lawmakers on issues
impacting constituents.
Question 28. Do you believe that whistleblowers should have access
to final investigative reports on their disclosures?
Response. I believe that VA OIG reports and the Office of Special
Counsel final reports are public interest documents. I do believe that
there should be a level of transparency of feedback to the
whistleblower, which should be dependent on the type of disclosure.
Question 29. A recent GAO report found that VA maintains 12
different information systems in which partial data are collected
related to employee misconduct and disciplinary actions. They further
found that every single one of those systems had data-reliability
issues. How will you, if confirmed, work to turn OAWP into the
repository of this type of data, as was intended by the law that
created the office?
Response. I understand the importance of tracking disciplinary
action and will work with VA human resources department and VA office
of General Counsel to implement a standardized process for tracking
senior employees' misconduct case files and disciplinary actions.
______
Response to Posthearing Questions Submitted by Hon. Sherrod Brown to
Tamara Bonzanto, Nominee to be Assistant Secretary for Accountability
and Whistleblower Protection, U.S. Department of Veterans Affairs
Ms. Bonzanto, I have some concerns that VA has used this new
authority to fire low-level employees with marginal offenses, not the
senior managers who have had egregious offenses. Over 2,700 employees
have been fired since last July.
Question 1. Can you walk me through your understanding of how the
VA Accountability and Whistleblower Protection Act has been
implemented?
Response. OAWP receives, reviews and refers whistleblowers
disclosures; referrals from other entities; and recommendations from
reports. The staff also investigates allegations of misconduct, poor
performance or retaliation involving VA senior leaders. It is my
understanding that claims of retaliation involving non-senior leaders
are referred to the administrations for review and investigation, but
actions taken are required to be sent to OAWP for data capture.
Question 2. We have heard that facilities are no longer using
performance improvement plans or progressive discipline, if confirmed
will you commit that VA will once again use these tools to address
employee performance, instead of firing?
Response. Yes.
Question 3. Will you commit to addressing that?
Response. I believe that VA is already addressing how performance
issues can be addressed without reinstating the PIP.
Question 4. Will you commit to keeping the Committee informed on
any changes to the Office's policies and update us on how VA continues
to implement the law, including sending information related to adverse
actions taken against whistleblowers, the position and grade of the
employees, and whether the Office of Special Counsel was involved?
Response. If confirmed, I will ensure OAWP continues to implement
and enforce the whistleblower protections in the Accountability and
Whistleblower Protection Act under 38 U.S.C. Section 714. I will ensure
the Committee is timely informed of activity under this provision.
Question 5. Will you provide timely information to my office and
the Committee?
Response. Yes.
______
Response to Posthearing Questions Submitted by Hon. Richard Blumenthal
to Tamara Bonzanto, Nominee to be Assistant Secretary for
Accountability and Whistleblower Protection, U.S. Department of
Veterans Affairs
supervisor training
There are troubling reports that nearly 17% or 2,500 management
posts are vacant. The malign neglect of the VA workforce denies
veterans meaningful choice for their health care, as the failure to
adequately staff VA medical facilities pushes veterans out to private
contractors who are not held accountable for quality and prompt
treatment as the VA is by the law that established the Office of
Accountability and Whistleblower Protection. The failure to hire
managers places immense burden on the supervisors and managers that
remain, working tirelessly to save the system.
Section 209 of the law that authorized the office to which you are
nominated requires VA to invest in periodic training to supervisors on:
(a) the rights of whistleblowers and how to address a report of a
hostile work environment, reprisal, or harassment, (b) how to
effectively manage employees and (c) access assistance from the human
resources office and General Counsel of the Department to address
employees who are performing at an unacceptable level.
Question 1. Have supervisor training programs been robustly
implemented as required by the law? If confirmed, what are your
specific plans to improve management training to make VA first
preference in the Nation for all healthcare employees?
Response. If confirmed, I am committed to continuing the current
robust senior leader training and the development of the employee
training. Recognizing that the statute called for ``face-to-face''
training for all employees, I will rigorously support the development
of ``train-the-trainer'' programs to meet that every two-year
requirement.
Question 2. Can you please identify the dates that these supervisor
training programs took place at the West Haven VA and a description of
the training that took place?
Response. If confirmed, I am will commit to following up on this
issue and providing you a response.
political interference
If confirmed, you will be statutorily responsible for reporting to
this Committee next year on the effectiveness of the VA Accountability
and Whistleblower Protection Act of 2017. I am concerned that the law
is being applied in an inconsistent and inappropriate manner.
Question 3. Will you commit as part of that report, to address the
ability of our legislation to protect Senior VA Executives from the
corrosive impact of political interference from the so called ``Mar-A-
Lago'' cronies on ``the morale, engagement, hiring, promotion,
retention, discipline, and productivity of individuals in senior
executive positions at the Department of Veterans Affairs?''
Response. Yes.
______
Response to Posthearing Questions Submitted by Hon. Mazie K. Hirono to
Tamara Bonzanto, Nominee to be Assistant Secretary for Accountability
and Whistleblower Protection, U.S. Department of Veterans Affairs
sexual harassment history
To ensure the fitness of nominees for any of our appointed
positions, I ask every nominee who comes before me to answer the
following two questions:
Question 1. Since you became a legal adult, have you ever made
unwanted requests for sexual favors, or committed any verbal or
physical harassment or assault of a sexual nature?
Response. No. I have not.
Question 2. Have you ever faced discipline, or entered into a
settlement related to this kind of conduct?
Response. No. I have not.
accountability of va management
Question 3. You state in your testimony that ``whistleblowers have
been an essential part of our oversight work in Congress, and I value
their commitment to improving care and services for my fellow veterans.
I want VA to be a place where an employee can trust that their chain of
command will be honest and have integrity.'' Could you elaborate on how
you will ensure that whistleblowers and the rank and file workers at
VA, many of whom are veterans themselves, can have the confidence to
know that their management chain of command will be held to this
standard?
Response. If confirmed, I am committed to working with VA's Office
of Human Resources & Administration to improve the leadership
development and relationship, responding to employees who have made
disclosures is the prime issue that OAWP performs in a timely manner,
and I will remain committed to the values required to promote trust
within the system.
______
Response to Posthearing Questions Submitted by Hon. Joe Manchin III to
Tamara Bonzanto, Nominee to be Assistant Secretary for Accountability
and Whistleblower Protection, U.S. Department of Veterans Affairs
Question 1. Last October, The Washington Post reported that a
culture of retaliation against whistleblowers has continued at the VA
in spite of the passage of the VA Accountability and Whistleblower
Protection Act. Do you believe that a culture of retaliation against
whistleblowers exists at the VA and, if so, does it exist at local
hospitals and offices, at central office, or both? Also, as Assistant
Secretary what policies will you be implementing to create an
atmosphere in which VA staff will be comfortable coming forward?
Response. Based on my experience as a Health Investigator on the
House Committee on Veteran Affairs, I believe that retaliation against
VA employees sometimes happens at the local and senior levels in VA. If
confirmed, I am committed to creating a system in place where employees
can file complaints anonymously and at the same time improve employees'
awareness of their rights. I also understand that many of those that
claim retaliation are not recognized as whistleblowers, or have pending
disciplinary action against them when they have ``claimed'' a
disclosure. OAWP's current application of the law is in line with
intent, and I promise to continue to work initiatives that are fixing
multiple portals of disclosure, the Whistleblower Re-Integration
Program, and the continued education to all levels of senior leadership
the roles, responsibilities and rights that they should know to
successfully engage this spectrum of issues.
Question 2. Your experience as a Navy Corpsman from 2001-20016,
nurse case manager for the army reserves 2012-2015, and most recently
as a health care investigator for the House Veterans Affairs
Subcommittee on Oversight has given you a great deal of hands-on
experience. Given your experience on both the DOD and VA sides what
policies have you found are ineffective, and what would you change to
implement a positive change? What obstacles do you see to implementing
these changes, and how could Congress be helpful moving forward?
Response. Improving communication and care coordination between DOD
and VA are the most critical steps to enhance Servicemember and Veteran
health and benefits. Currently, the implementation of the EHR between
DOD and VA presents many opportunities to collaborate improve services
for our veterans and their families. I would recommend there are
incentives to coordinate health services between VA and DOD. Congress
play a critical role by performing continuous oversight of the
collaboration between both departments to ensure success.
Question 3. As Assistant Secretary you will be the executive in
charge of a new and important office that exposes waste, fraud, and
abuse and helps to ensure the welfare and safety of veterans using our
VA hospitals. Leadership is vitally important for establishing a staff
culture that fosters an engaged and highly functioning workforce. What
experience do you have that is applicable to an executive level
management position like this one?
Response. In my current role as a Health Investigator for the House
Veterans' Affairs Committee, I have worked extensively with VA
whistleblowers and Veterans. In the last three years, I have conduct
numerous site visits to VA facilities across the country to review and
investigate multiple VA programs. I also recently completed a Doctor of
Nursing Practice degree focused on Community Systems Administrations.
Evidence-based practices guide my performance, and I have used my
skills as a Registered Nurse to collect, review, investigate and refer
cases to the VA OIG, the Office of Special Counsel and the Government
Accountability Office. I also advise committee members, their staff and
other Members of Congress on issues related to veteran's health and
benefits.
Question 4. In an ideal whistleblower case, the hope is that the
whistleblower is an unimpeachable individual with no ulterior motives
against the people they are whistleblowing against. However, I know
that you've probably seen cases where the whistleblower isn't a perfect
employee, and while they are an imperfect messenger, the message they
are delivering is true and warrants a review. This makes the
whistleblowing process complicated and often is what drags things out.
How can the VA, and the government overall, improve the ways that they
analyze these more complicated situations?
Response. In my experience on the Committee, I have seen these
cases. I would recommend that the individual reviewing the complaint
remain neutral. The evidence of the case should be carefully reviewed
before final adjudication.
Chairman Isakson. Thank you, Ms. Bonzanto.
Mr. Gfrerer.
STATEMENT OF JAMES PAUL GFRERER TO BE ASSISTANT SECRETARY FOR
INFORMATION AND TECHNOLOGY, U.S. DEPARTMENT OF VETERANS AFFAIRS
Mr. Gfrerer. Chairman Isakson, Ranking Member Tester, and
distinguished Members of the Committee on Veterans' Affairs,
thank you for the opportunity to testify before you today and
for your consideration of my nomination by President Trump to
serve as Assistant Secretary of Information and Technology for
the Department of Veterans Affairs.
I would like to start by thanking my wife, Julie, and as
the Chairman asked, introduce my daughters, from left to right,
Abigail, Emily, and Katie. With their love and support I am
continuously grateful. Their example and that of countless
military and veteran families and caregivers, whom I know, give
true meaning to Abraham Lincoln's statement and the VA's
mission, ``To care for him who has borne the battle, and their
widow and orphan.''
Growing up I was number seven of nine kids raised by
depression-era parents in a middle-class family in St. Paul,
MN. Life was good and simple, filled with school, sports, and
church. My extended family consisted of many veterans, from
World War II to Vietnam.
In World War II, my Uncles George and Carl served in the
Army in Europe. My Uncle Ed was a Marine rifleman, landing on
Tarawa and combat-wounded on Saipan. His wife, my Aunt
Lorraine, was one of the earliest women Marines. My Uncle Roger
was in the Air Force and my Uncle Jim in the Navy in the Korean
War era, and finally, my cousin Bobby served as a Marine in
Vietnam.
Just short of my 18th birthday, I entered the U.S. Naval
Academy, and 4 years later graduated with a degree in computer
science and a commission as a Second Lieutenant of the Marines.
Over the next 28 years, I had the privilege to serve in combat
and peacetime with men and women from all of the Armed
Services, but principally leading Marines. From Desert Storm to
Operation Iraqi Freedom, and supporting with teams in Operation
Enduring Freedom, it was the privilege of a lifetime for a
blue-collar Midwestern kid to serve his country.
Throughout my military service, I had differential
assignments in training, IT, an Office of Inspector General,
Corporate Fellow, founder of an Information Operations and
Cyber command, and finally, in the U.S. Government Interagency.
In these positions, the experience gained included
understanding the intricacies of IT legacy systems and large-
scale IT projects, the leadership, both good and bad, in
guiding and resourcing projects, and the culture of
organizations and the importance of collaboration.
Since leaving active duty, I have become a patient of the
Veterans Health Administration and a customer of the Veterans
Benefit Administration. Over the past 3 years, I have had the
unique opportunity to view the VA as one of the nine million
veterans who use its services, and in the same 3 years I have
worked as an executive in the private sector doing IT and
cybersecurity transformation for large commercial clients,
further providing me with the experience and perspective to
serve in the VA.
In the 21st century, we know that information technology
undergirds all aspects of our life. VA IT has become a critical
requirement that is central to the processes and productivity
at the VA. Inherently, IT is about business transformation. As
such, the business owners play a crucial role of working with
IT to clearly define the requirements and implement the new
system.
I have already met with leadership from the Veterans Health
Administration and Veterans Benefits Administration, and in
these initial meetings, heard their concerns. Within OI&T's
Enterprise Program Management Office there is an Account
Management Office that deals directly with the Administrations.
If confirmed, they will be a direct priority of mine, including
my own interaction with Administration leadership.
IT also requires a talented team of professionals to bring
the experience and grit to demanding projects. As Secretary
Wilkie stated in his testimony, one of his priorities is to
change the culture of the VA. I embrace my role in that effort
and will support him fully. In today's employment market IT and
cybersecurity positions are in high demand. People have a
choice, and by my example and leadership, the hardworking women
and men of OI&T need to feel part of a respected and high-
functioning team.
My top three priorities would be a focus on: (1)
stabilizing and streamlining core processes and platforms; (2)
eliminating material weakness; and (3) institutionalizing new
capabilities to drive outcomes. To measure progress my intent
would be to use a roadmap with a comprehensive balanced
scorecard for these broad goals and objectives supporting core
internal customers and map to their projects. Finally, my
intent is to ensure full measures of effectiveness and specific
project leads to ensure progress and accountability by office
and individual executive leaders.
In closing, Secretary Wilkie has also mentioned in his
testimony that the Department has been well-resourced and that
the time for excuses is over. He has established his priorities
and set expectations, and, if confirmed, I look forward to
joining the VA leadership team and executing his vision.
Mr. Chairman, I thank you and the Members of the Committee
for the opportunity to appear today, and to be considered for
this position. I look forward to answering your questions.
Thank you.
[The prepared statement of Mr. Gfrerer follows:]
Prepared Statement of James P. Gfrerer, Nominee for Assistant
Secretary, Information & Technology, U.S. Department of Veterans
Affairs
Chairman Isakson, Ranking Member Tester, and Distinguished Members
of the Committee on Veterans Affairs, thank you for the opportunity to
testify before you today and for your consideration of my nomination to
serve as Assistant Secretary of Information & Technology for the
Department of Veterans Affairs.
I'd like to start by thanking my wife Julie, and our three great
kids. They are here today with their love and support for which I'm
continuously grateful. Their example and that of countless military and
Veteran families and caregivers, give true meaning to Abraham Lincolns'
statement and the VA's mission, ``to care for him who has borne the
battle AND their widow and orphan.''
Growing up I was number 7 of 9 kids raised by Depression-Era
Parents in a middle-class family in St. Paul, Minnesota. Life was good
and simple, with a busy life of school, sports, and Church. My extended
family consisted of many Veterans--from World War II to Vietnam. In
World War II, my Uncles George and Carl served in the Army in Europe.
My Uncle Ed was a Marine rifleman landing on Tarawa and combat-wounded
on Saipan. His wife, my Aunt Lorraine, was one of the first Women
Marines. My Uncle Roger was in the Air Force and Uncle Jim in the Navy
in the Korean War era, and my cousin Bobby served as a Marine in
Vietnam.
Just short of my 18th birthday, I entered the U.S. Naval Academy,
and four years later graduated with a Degree in Computer Science and a
commission as a Second Lieutenant of the Marines. Over the next 28
years, I had the privilege to serve in combat and peacetime with men
and women from all five Armed Services, but principally leading
Marines. From Desert Storm, to Operation Iraqi Freedom, and supporting
with teams in Operation Enduring Freedom, it was the privilege of a
lifetime for a blue-collar Midwestern kid to serve his country.
Throughout my military service, I had some differential assignments
in training, IT, an Office of Inspector General, Corporate Fellow,
founder of an Information Operations & Cyber command, and finally in
the US Government Interagency at the Department of State. In these
positions, the experience gained included understanding the intricacies
of IT legacy systems and large scale IT projects, the leadership, both
good and bad, in guiding and resourcing projects, and the culture of
organizations and importance of collaboration.
Since leaving active duty, I've become a patient of the Veterans
Health Administration and customer of the Veterans Benefit
Administration. Over the past three years, I've had the unique
opportunity to view the VA as one of the 9 million Veterans who use the
its services. And in the same three years, I've worked as an Executive
in the private sector doing IT and Cybersecurity transformation for
large commercial clients, further providing me the experience and
perspective to serve in the VA.
In the 21st Century we know that Information Technology undergirds
all aspects of our life. VA IT has become a critical requirement that
is central to the processes and productivity at the VA. Inherently, IT
is about business transformation. As such, the business owners play a
crucial role of working with IT to clearly defining the requirements
and implement the new system. I have already met with leadership from
the Veterans Health Administration and Veterans Benefits
Administration, and in these initial meetings, heard their concerns.
Within OI&T's Enterprise Program Management Office, there is an Account
Management Office that deals directly with the Administrations. If
confirmed, they will be a direct priority of mine, including my own
interaction with Administration leadership.
IT also requires a talented team of professionals to bring the
experience and grit to demanding projects. As Secretary Wilkie stated
in his testimony, one of his priorities is to change the culture of the
VA. I embrace my role in that effort and will support him fully. In
today's employment market IT and Cybersecurity positions are in high
demand. People have a choice, and by my example and leadership, the
hardworking women and men of OI&T need to feel part of a respected and
high-functioning team.
My top three priorities would be a focus on: (1) Stabilizing and
streamlining core processes and platforms, (2) Eliminating material
weakness, and (3) Institutionalizing new capabilities to drive
outcomes. To measure progress my intent would be to use a roadmap with
a comprehensive balanced scorecard for these broad goals & objectives
supporting core internal customers and map to their projects. Finally,
my intent is to ensure full measures of effectiveness (MoE) and
specific project leads to ensure progress and accountability by office
and individual executive leaders.
In closing, Secretary Wilkie also mentioned in his testimony that
the Department has been well-resourced and that the time for excuses is
over. He has established his priorities and set expectations, and, if
confirmed, I look forward to joining the VA Leadership Team and
executing his vision.
Mr. Chairman, I thank you and the Members of the Committee for the
opportunity to appear today, and to be considered for this position. I
look forward to answering your questions. Thank you.
______
[The Committee questionnaire for Presidential nominees
follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
------
[A letter from the Office of Government Ethics follows:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
------
[Letter from James Paul Gfrerer to the Office of General
Counsel, U.S. Department of Veterans Affairs:]
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
------
Response to Prehearing Questions Submitted by Hon. Johnny Isakson to
James Gfrerer, Nominee to be Assistant Secretary for Information and
Technology, U.S. Department of Veterans Affairs
Question 1. At the Department of Veterans Affairs (VA), you would
be tasked with managing a $4 billion information and technology (IT)
budget, if confirmed.
a. Would you please describe how you approached previous positions
and how your approach may be different given the scope and size of the
VA budget?
Response. The large OI&T topline budget decomposes very rapidly
into much smaller and more manageable pockets of money in terms of
salaries, development, and sustainment. Each of the latter two
categories decomposes into many, many projects across the various
entities within VA. Ultimately while these projects and funding lines
are still large dollar amounts, the scope automatically builds a system
of individual project accountability, which I will use to drive project
execution discipline.
Question 2. Based on your knowledge of IT at VA, where do you
anticipate the biggest problems and challenges exist?
Response. Based upon my current knowledge I would say that legacy
systems being migrated and transitioned in a timely manner is one of
OI&T's biggest challenges. This topic is not only an issue for
reliability, but also for the security of the applications.
Question 3. If confirmed as Assistant Secretary, what will be your
priorities and goals?
Response. My top three priorities will focus: (1) Stabilizing and
streamlining core processes and platforms, (2) Eliminating material
weakness, and (3) Institutionalize new capabilities to drive outcomes.
a. What is your strategy to achieve your goals and how has your
background prepared you to address those challenges?
Response. My strategy would be to employ a good Governance process
to track all OI&T projects and the affiliated goals and objectives
which they support. My background has prepared me to employ such tools
(e.g. balanced scorecard) to ensure that projects meet the required
cost, schedule, and performance milestones, by utilizing accountability
driven down to the individual project leader level.
Question 4. Please describe your vision for your role as the
Assistant Secretary and of the VA Electronic Health Record (EHR)
modernization?
Response. Legislation established an Office of EHRM, which reports
directly to the Deputy Secretary. The CIO is a key stakeholder for this
program of record, principally related to the infrastructure
responsibilities to host the new EHR system while maintaining the
current EHR (VistA) and related systems. OI&T's principal
responsibilities for ERHM is providing a sufficiently modern computing
infrastructure to carry the new EHR system and provide the requisite
security, reliability, and availability.
a. Describe your experience with large scale information technology
projects, lessons learned, things you believe need to be addressed from
the outset, etc.
Response. In my prior military/government career, as well as my
recent commercial service, there are several instances of large-scale
IT change management and COTS deployments, though not specifically in
the health care space. The first major effort involved migrating large
legacy H.R. systems from mainframe to mini and PC-based applications,
as well as the initial mobile applications. Additionally, I spent 18
months leading the substantial effort to ready government systems for
Y2K, involving significant programmatic review, change management, and
contractor oversight.
b. How has this vision helped you successfully implement other
large scale initiatives?
Response. In my commercial career, there are several instances of
business optimization where by we assisted clients in streamlining
operations, updating current services and security, while saving
millions of dollars in annual cost. My intent is to bring that same
mindset to VA, in that every dollar for which we are accountable, looks
to be judiciously applied/spent, while simultaneously looking for
greater efficiency and cost-savings in both existing programs and
future acquisition.
Question 5. Have you reviewed or discussed the Office of
Information Technology leadership/organizational structure with the
Secretary?
Response. No, but it is an area in which I will take immediate
interest in reviewing, if confirmed.
Question 6. Are there changes to the task organization within the
office that you believe need to be made?
Response. Again, this is an important review that I believe can
only be done, if/when confirmed and sworn into the position.
a. How does the current task organization enable accountability?
Response. My initial impression is that accountability is driven
from the top down from the Secretary's objectives down to the
corresponding OI&T goals & objectives.
Question 7. Staff turnover will negatively affect any project's
timetable. If confirmed, how will you manage staff turnover so that it
does not negatively affect the first milestone date on October 1st?
Response. Drawing upon my prior experiences as an organizational
leader and H.R. specialist, I intend to utilize every option to
recruit, train, retain, and promote the most capable IT staff. I am
keenly aware of the similar challenges with commercial entities, and
also the tangible and intangible resources needed to build a qualified
and committed IT work force.
a. Will you commit to frequent, transparent, and direct
communication with my staff regarding the timeline for implementation?
What will you do to ensure that this milestone and subsequent
milestones are met?
Response. Yes, I believe that substantial communication with
Congress on these and other matters is important.
Question 8. If the effort to transform VA's EHR system is to be
successful, coordination between the EHR project team, VHA, VBA, and
the Office of Information Technology is critical. As Assistant
Secretary, how will you promote effective communication between VA's
internal departments?
Response. I am aware of the current OI&T Account Management Office
methodology for direct and sustained engagement with the
Administrations. I will place a high priority on meeting the internal
customer's project needs, and by developing a close relationship with
my counterparts.
Question 9. Historically, VA has struggled with IT projects. There
have been numerous reports of waste and abuse that has plagued VA's IT
systems.
a. What steps do you plan to take immediately to prevent further
waste of taxpayer dollars?
Response. Improving individual project management leadership
accountability for meeting milestones as well as cost and performance
metrics.
b. What experience from your background would you rely on to
prevent future IT failures?
Response. Ensuring requirements are clearly identified by the
business application owner, and to maintain the project scope with
limited-to-no scope adjustments, and ruthless focus on achieving
milestones.
c. What lessons have you learned in the private sector related to
standardization and interoperability and how would you apply them to
VA's electronic health records?
Response. In past careers, I have experience leading across multi-
disciplinary teams and across geographically wide areas. The key is to:
(1) retain a focus on the organizational roadmap, (2) ensure the
required resources/guidance are provided, and (3) supervise the efforts
to milestone accomplishment.
Question 10. Protecting veterans' personal healthcare information
must be a top priority for VA. If confirmed, what strategies, ideas, or
initiatives do you have for improving information security at VA?
Response. One of the top three goals for OI&T is ``elimination of
material weakness.'' I look forward to continuing this goal,
specifically around information security and the protection of Personal
Health Information (PHI). As a Veteran customer of VA, I know first-
hand the importance of protecting PHI and other sensitive personally
identifiable data.
______
Response to Prehearing Questions Submitted by Hon. John Tester to James
P. Gfrerer, Nominee to be Assistant Secretary for Information and
Technology, U.S. Department of Veterans Affairs
Question 1. Why do you seek this position?
Response. As discussed in our office call, there is no more noble
calling in the US Government than to serve our Nation's Veterans and
their families, who have given so much. The VA is at a critical
juncture to provide the next generation of services to Veterans, and I
believe I possess the leadership, passion, and experience to lead the
Office of Information & Technology in supporting these efforts.
Question 2. Have you spoken to the Secretary about his expectation
for what your role would be within his team? If yes, what was
discussed? Response. Yes. The discussion centered on the role of the
CIO relative to FITARA and focused on the Electronic Health Record
Management effort.
Question 3. Have you spoken to the President or anyone at the White
House about what your role would be within the Administration? If yes,
what was discussed?
Response. The only contact with the White House, was with the
Office of Presidential Personnel as to normal pre-nomination vetting
for a PAS position.
Question 4. There has been extensive reporting on individuals using
their political connections to the President to influence the VA with
no transparency as to the nature of these contacts. Please provide the
Committee with records of your contacts with CEO of Marvel
Entertainment, Ike Perlmutter; Florida physician, Dr. Bruce Moskowitz;
and restructuring consultant at Alvarez & Marshal, Mark Sherman. Please
provide the date of each contact, the purpose of the contact, who
directed you to speak with any of them, who facilitated any contact,
disclose the nature of any information you provided to them, and
disclose any topics they raised with you. If you had to travel for any
of these contacts, please provide the amount such travel cost, what
party paid for the travel, and whether the party was reimbursed and by
whom.
Response. I have had no contact with the above listed individuals.
Question 5. On matters of policy, do you believe you will be
receiving direction from the Secretary or someone at the White House?
Response. Consistent with FITARA and the VA Organizational
Structure, I anticipate reporting to and taking direction from the
Secretary, and on matters of EHRM, the Deputy Secretary.
Question 6. If confirmed, how would you address instances where
your vision and the White House's are not aligned?
Response. My intent is to align OIT's goals and objectives to the
Department's Strategic Goals and the Secretaries priorities. As to
White House directives around IT Modernization, Cybersecurity, etc, I
would seek additional Departmental guidance should any aspects of these
diverge from current alignment.
Question 7. What are your top three specific and measurable goals
as Assistant Secretary of the Office of Information Technology (AS OIT)
and how would you achieve them?
Response. My top three priorities will focus: (1) Stabilizing and
streamlining core processes and platforms, (2) Eliminating material
weakness, and (3) Institutionalize new capabilities to drive outcomes.
To measure progress, these broad goals & objectives decompose across
core internal customers (VHA, VHA, Memorial, etc.) and map to their
projects. Finally, my intent is to ensure full measures of
effectiveness (MoE) and specific project leads to ensure progress and
accountability by office and individual executive leaders.
Question 8. The sheer size and scale of OIT's operations across the
globe necessitates an AS OIT comfortable with appropriately delegating
responsibilities while ensuring that your initiatives are executed
properly. How do you envision making sure your direction to the field
is carried out as intended?
Response. VA OIT has established a governance model with direct
reporting and accountability to the CIO that is currently being
institutionalized to my understanding. As mentioned previously, there
is--and will be--a solid architecture for performance monitoring of all
OIT programs, with appropriate centralized planning, and decentralized
execution. This approach combined with the right cadence of program
reviews and portfolio management is designed to keep programs on cost/
schedule--and where appropriate--make the right milestone decisions and
corrections.
Question 9. Please describe your prior interactions with labor
unions, whether public or private. What is your experience in dealing
with unions or employees who have collective bargaining rights? If
confirmed, what will be your plan to work with employee unions? Do you
believe they play an important role in bridging communication between
VA employees and management?
Response. I have limited experience working directly with unions,
but I recognize the important role they play in ensuring a quality work
environment for VA employees. I plan to work with all of my employees
to identify any workplace deficiencies and maintain a quality work
environment to accomplish our mission.
Question 10. Last year Congress passed legislation that made it
easier for the Department to sanction underperforming employees. VA has
been using the new authorities in this legislation in a fairly severe
way against people who have minor first time offenses. Will you commit
to reviewing how OIT is utilizing this authority? Moving forward, how
would you ensure that the law is executed fairly and uniformly? Please
describe your leadership philosophy, specifically including whether you
believe people should be afforded opportunities to correct their
behavior and work, or whether you support firing and removal for first
offenses.
Response. My leadership philosophy over three decades has always
been to work within the guidelines of the organization's performance
evaluation system. Each of these systems have had clearly established
procedures for the responsibilities of a specific position, as well at
the approved mechanism for periodic feedback and addressing any noted
deficiencies. With the exception of extreme offenses, the vast majority
of performance-related matters merit the opportunity for remediation,
and are not appropriate for removal for first time occurrences.
Question 11. How do you anticipate building and maintaining a
positive relationship with the Department's Inspector General, who
plays a key role in making sure taxpayer dollars are spent wisely?
Please describe your dealings with Inspectors General previously. Did
those experiences color your view of the work of the Office of
Inspector General?
Response. In a prior career, I worked in an IG office as a younger
officer. That experience gave me an excellent appreciation for the
oversight, education, and prevention role of the IG in ensuring a
compliant and ethical organization. I anticipate building and
maintaining a positive relationship with the VA OIG.
Question 12. What is your understanding of the role of
congressionally chartered Veterans Service Organizations? Please
describe how you anticipate involving them in OIT operations and
policymaking.
Response. Clearly the VSOs play a valuable role in conveying the
``voice of the Veteran.'' My goal will be to listen carefully to these
inputs to best understand the large and varied constituent Veteran
population which has a varied means and preferences of using IT to
access the VA and its services.
Question 13. What do you see is the role of the AS OIT regarding
the EHR modernization? Drawing on your prior work experience, what are
the top three aspects of the project you believe to be the most
challenging, and what plans do you have to mitigate those challenges?
Response. As set forth by FITARA (Federal Information Technology
Acquisition Reform Act (FITARA) Public Law 113-291 Sec. Sec. 831-837
``CIO Authority Enhancements'') the agency CIO has a direct role in any
aspect of information technology. Legislation established an Office of
EHRM, which reports directly to the Deputy Secretary. The CIO is a key
stakeholder for this program of record, principally related to the
infrastructure responsibilities to host the new EHR system while
maintaining the current EHR (VistA) and related systems. The largest
anticipated challenge is that of ``change management.'' As a COTS
solution, the users (principally the Clinicians in VHA) will need to
adjust their workflows to the new EHR, to avoid any unsustainable
customization. Such system adjustments greatly increase the risks to
successful implementation. On a positive note, Cerner will also bring
``best practices'' with the solution, thereby informing Clinicians.
While I anticipate that the Office of EHRM will have this and the
traditional program risks of ``cost, schedule, and performance
covered,'' I also anticipate the greatest risks to OI&T to be (1)
ensuring the appropriate infrastructure upgrades throughout the VA
network, (2) maintaining the current EHR (VistA) and related systems
(3) ensuring continued and increased maturity around protection of
Personal Health Information (PHI), and (4) filling and sustaining the
human capital plan/positions.
Question 14. Please describe your prior experiences related to
large-scale IT change management projects and COTS deployments, in
particular any focused on health-care delivery or EHRs.
Response. In my prior military/government career, as well as my
recent commercial service, there are several instances of large-scale
IT change management and COTS deployments, though not specifically in
the health care space. The first major effort involved migrating large
legacy H.R. systems from mainframe to mini and PC-based applications,
as well as the initial mobile applications. Additionally, I spent 18
months leading the substantial effort to ready government systems for
Y2K, involving significant programmatic review, change management, and
contractor oversight. In my commercial career, there are several
instances of business optimization where by we assisted clients in
streamlining operations, updating current services and security, while
saving millions of dollars in annual cost. My intent is to bring that
same mindset to VA, in that every dollar for which we are accountable,
looks to be judiciously applied/spent, while simultaneously looking for
greater efficiency and cost-savings in both existing programs and
future acquisitions.
Question 15. What do you understand to be OIT's responsibilities
related to the EHRM project? Will you report back to the Committee, if
confirmed, whether you believe OIT has the human capital on board and
the process capability it needs to effectively fulfill its
responsibilities or support the EHRM team?
Response. OIT's principal responsibilities for ERHM is providing a
sufficiently modern computing infrastructure to carry the new EHR
system and provide the requisite security, reliability, and
availability. If confirmed, I will more fully assess the human capital
and other resource needs to support EHR and be available to report to
the Committee.
Question 16. An essential component of the EHRM project is the
upgrading of VHA facilities and other various infrastructure
improvements. These projects will run into the billions of dollars over
the next decade. What role do you believe OIT should play in the
Department's capital asset program management?
Response. OIT will work with OEHRM to develop optimal pivot plans
and integration strategies to assure alignment of OIT legacy
sustainment and development investment plans to infrastructure upgrade
requirements. Additionally, OIT with work with OEHRM to alignment tech
refresh plans to OEHRM-led infrastructure upgrades to prevent
duplication of efforts, mismanagement of assets and/or waste of limited
resources. I expect OIT to share critical legacy knowledge that is
essential to the proper review and assessment of Cerner implementation,
data migration, change management, etc. strategies/plans in support of
overall management of cost, schedule, performance and risk management
objectives. Finally, OIT will support the alignment and integration of
the myriad of ongoing IT investment projects across VA including FMBT,
DMLS, OEHRM and a myriad of joint efforts with DOD.
Question 17. Project governance has been identified as a critical
failure in prior VA/DOD IT efforts. How do you foresee DOD, DHS, and VA
coordinating on EHRM and how will you monitor these efforts?
Response. My understanding is that VA and DOD have recently devised
and are implementing a more robust formal governance process.
Additionally, I am aware that under the auspices of the Interagency
Program Office (IPO) excellent collaboration exists with DOD. Finally,
I am also aware that VA is a leading agency in terms of adopting
relevant DHS standards and available services.
Question 18. Many industry leaders believe that VHA staff will be
challenged in adopting Cerner's EHR package, because VistA was home-
grown and there is a sense of ownership in its success. How do you
believe you can ensure VHA clinicians, providers, and employees are
bought into the cultural change required to make the EHR transition a
success?
Response. Given the constraints of implementing a mature COTS
solution such as provided by Cerner, the change management commitment
from the entire VA team from the VHA through OIT will need to be
continuously reinforced. It will be a different way for VA clinicians
to do business, but given the best-practices that the Vendor will also
present, this should be viewed by all in VA as an opportunity to
improve our core health delivery processes as well as the technology
that undergirds these processes.
Question 19. As VBA and the Board of Veterans' Appeals prepare to
fully implement the Veterans Appeals Improvement and Modernization Act,
VA is currently piloting two of the five new appeals options through a
pilot known as RAMP. The GAO recently released a report that
highlighted the importance of thoroughly utilizing RAMP to identify and
mitigate key risks associated with implementing the new appeals
process. That same report also indicated that VA's current appeals plan
does not fully address all required elements. As AS OIT, what will you
do to ensure that RAMP and the VA's appeals plan are being optimized to
ensure a smooth rollout of appeals reform?
Response. Account Management and our direct support to the priority
programs of VHA, VBA, and NCA will get an outsized share of my interest
and programmatic attention. If confirmed, I will address this question
directly to VBA to ensure the right OIT support to this and other
priority pilots and programs of record.
Question 20. As part of the Harry W. Colmery Veterans Educational
Assistance Act of 2017, Congress provided VA with $30 million to
improve the IT infrastructure for education benefits. VA has since had
difficulty with implementing the IT changes needed to carry out the
Act, focusing on how VA certifies veterans' benefits and upgrades to
legacy systems. With VA's IT budget being a single, consolidated
resource, can you provide concrete assurance for me that IT upgrades
within education services will be appropriately prioritized so that
this law can be implemented, and legacy systems can be upgraded to
ensure the best possible services for our student veterans?
Response. My current understanding is that there are funding
limitations within this IT portfolio. Yes, I will work to provide the
best possible IT upgrades for the delivery of education services.
Question 21. Information technology solutions must continue to play
a significant role in transforming VA into a more efficient and
effective organization.
a. How do you plan to ensure that IT development projects, such as
VistA and cloud transitions, are fully resourced?
Response. Ensuring our legacy systems are migrated and transitioned
in a timely manner, is an utmost priority. Not only for reliability,
but also for the security of the applications. Given the pace of
technological advancement, this is not an easy budgetary balancing act,
though using sound Software Development Life Cycle (SDLC) principals in
concert with industry best practice ITIL and Agile principles, this can
be achieved in a cost-effective and business-responsible manner.
b. What is your understanding of the process VA uses to determine
which development projects receive funding? Please describe your
involvement with development funding processes. What analysis do you
plan to conduct on this process to see if it can be improved?
Response. Funding for all projects happens through the CIO-
administered governance structure. This is consistent with Clinger-
Cohen, DATA, FITARA and MGT legislation. My understanding is that VA
uses a 9-step process. After developing a full understanding of this
process and its utilization, I will work with the team to determine
where process improvements can be achieved.
Question 22. What plans do you have to address the recommendations
in the VA's Office of Inspector General's FY 2017 FISMA audit to
improve VA's information security posture? Will you commit to providing
the Committee with a detailed plan, within 90 days of assuming the
position of AS OIT, on how you intend to continue the work on
remediating VA's information technology security deficiencies?
Response. I have reviewed the OIG report, and intend to follow up
on all aspects of the Information Security Program at VA. As a Veteran
and customer of VA, I take the security of my data--and that of every
other Veteran and their family members, very seriously.
Question 23. OIT utilizes a single acquisition vehicle,
Transformation Twenty-One Total Technology Next Generation, to procure
most IT services for the administrations and staff offices. Do you
believe restricting competition to those companies qualified for this
vehicle is the best way to acquire best-in-class solutions for VA's IT
requirements? Please also describe your experience as it relates to
managing procurements, the largest procurement you have handled, and
any views you have on how VA's IT procurement system could be improved.
Response. As discussed in our office call, a priority effort will
be around OIT's Strategic Sourcing Office. While I have limited Federal
acquisition experience, I know that VA has the requisite personnel, and
if confirmed, I will place an inordinate amount of focus on our
sourcing methodology and processes.
Question 24. What is your understanding of the Kingdomware decision
and its impact on VA's procurement?
Response. Based on the US Supreme Court's decision in Kingdomware
vs. US, the VA must apply the ``Rule of Two'' when considering and
awarding contracts under the Veterans Benefits, Health Care, and
Information Technology Act of 2006. The rule is mandatory, not
discretionary, regardless of whether the rule is being used to meet
annual minimum contracting goals. As such, VA shall award contracts
based upon competition restricted to SDVOSBs or VOSBs when a
contracting officer has a reasonable expectation, based on market
research, that two or more firms listed as verified in Vendor
Information Pages database are likely to submit offers and an award can
be made at a fair and reasonable price that offers best value to the
United States. This is known as the ``VA Rule of Two.''
Question 25. Please discuss your experiences with determining and
managing staffing levels to ensure adequate customer service levels for
the clients your IT staff support. What is your understanding of VA's
current levels and on-going efforts to realign those levels and how
they compare to similar public and private sector entities?
Response. Drawing upon my prior experiences as an organizational
leader and H.R. specialist, I intend to utilize every option to
recruit, train, retain, and promote the most capable IT staff. I am
keenly aware of the similar challenges with commercial entities, and
also the tangible and intangible resources needed to build a qualified
and committed IT work force.
Question 26. Please describe your management style and
decisionmaking process, providing examples as it relates to large,
nationally-deployed organizations.
Response. I adhere to the belief in clear and executable
centralized planning and decentralized execution. VA OIT has an
evolving roadmap, aligned to the Secretary's priorities and VA
Strategic Goals, which lays forth the Office priorities. In past
careers, I have experience leading across multi-disciplinary teams and
across geographically wide areas. The key is to (1) retain a focus on
the organizational roadmap, (2) ensure the required resources/guidance
are provided, and (3) supervise the efforts to milestone
accomplishment.
Question 27. How would your prior subordinates describe your
management style?
Response. Based on prior discussions and a 360-Degree Review, I
would describe my management style as a combination of Inspirational
and Results-based. Especially in IT, the business depends on effective
and reliable systems that meet user and business requirements. In order
to achieve these results, team members need to be inspired and lead in
addition to having the right resources provided.
Question 28. Please describe your previous role with Booz, Allen,
Hamilton as it relates to any work conducted for VA or another
government agency.
Response. I have never been employed by Booz, Allen, Hamilton.
Question 29. What was your impression of the Department during the
time you worked for Booz and experienced ongoing engagement with VA, if
applicable?
Response. Not applicable, I have never been employed by Booz,
Allen, Hamilton.
Question 30. Do you agree that VA employees have an absolute right
to petition or communicate with Members of Congress and congressional
staff about matters related to VA matters and that right may not be
interfered with or denied?
Response. I agree that every US citizen has the right to petition
or communicate with Congress.
Question 31. There are reports that the Administration, through the
Office of General Counsel or other individuals, has ordered agencies to
not provide responses to Democrats' information requests. If you were
to receive such an order, what would you do? Have you participated in
or been aware of any communications where this topic was discussed?
Please provide details on the participants in this discussion, the
substance of the discussion, and any outcomes.
Response. Through the Secretary and his Office of Congressional and
Legislative Affairs, I will be responsive to all information requests.
Since I am not currently an employee of the VA, I have had no
discussions pertaining to Legislative engagement, other than my pre-
confirmation preparation.
Question 32. OIT has not had permanent leadership in almost 20
months. The SES ranks have experienced attrition and many individuals
are in multiple positions. The current leadership has no IT or
executive-level management experience and was imposed on the Office
with the baggage of a sexual harassment lawsuit after being summarily
transferred from the Treasury Department. How will you fix the
leadership crisis at OIT? How will you convince OIT's career staff that
you will be the leadership they have been missing?
Response. My intention is to provide the same ``firm, fair, and
consistent'' leadership to VA OIT that I have to each organization I've
been entrusted to lead over the past 31 years. While leadership is
about accomplishing the mission, it is also simultaneously about taking
care of the people. As Secretary Wilkie has stated, an improvement of
the VA culture is in order. For OIT, that starts with the Assistant
Secretary demonstrating his unwavering, specific commitment to the full
scope of the VA mission and to show authentic concern for the
individuals at OIT and their performance, rewards, ambitions, and
needs.
Question 33. VA health care was added to the GAO High Risk List in
2015, and IT management and acquisition governmentwide has also been on
the High Risk List. What actions do you intend to take to help the
Department mitigate GAO's findings?
Response. I have reviewed the GAO report. I am aware of the GAO
recommendations and fully commit to ensuring their implementation, if
confirmed.
Question 34. What were your particular areas of study while at the
National Defense University's Industrial College of the Armed Forces?
Response. My studies included the core curriculum areas of National
Security Studies, Macro Economics, Military Strategy & Logistics, and
Strategic Leadership, as well as Acquisition. Additionally, I was an
Information & Communications Technology (ICT) concentration Student,
who pursued more detailed studies around information technology from a
U.S. Government perspective, and informed by private companies and non-
profit IT entities. Last, some of my elective courses at ICAF, were
used in my follow on pursuit of my CIO Certificate Program at NDU's
Information Resources Management College.
______
Response to Posthearing Questions Submitted by Hon. Thom Tillis to
James P. Gfrerer, Nominee to be Assistant Secretary for Information and
Technology, U.S. Department of Veterans Affairs
ehrm implementation
Question 1. Mr. Gfrerer, could you discuss any parallel efforts to
the EHR implementation that you would like to see VA undertake in order
to improve the medical records, and their integration, in VistA, AHLTA
and in the community for veterans in areas of the country which will
not receive the new EHR for several years?
Response. If confirmed I will assess if any parallel efforts are
afoot to see how those efforts will converge with the EHR
implementation.
Question 2. Mr. Gfrerer, as EHRM implementation progresses, are
there any plans to test commercially available interoperability
solutions? If so, will these tests be conducted in areas of the country
deploying MHS Genesis and VA EHRM? If there are not currently plans in
place, what are your thoughts on testing such commercially available
interoperability solutions?
Response. While the Office of Electronic Health Records
Modernization (OEHRM) has the lead for this project, if confirmed, I
will work closely with them to provide updates around these questions.
va it modernization
Question 3. Mr. Gfrerer, could you provide an update and your
assessment on how successfully the VA is executing its IT Modernization
Plan?
Response. I am happy to provide an update and assessment of VA's IT
Modernization results to date, if confirmed, and after I am in place at
the VA.
veteran suicide
Question 4. Mr. Gfrerer, tragically, suicide rates for veterans
continue to significantly outpace those for the civilian population.
How do you believe the VA can best utilize data, including but not
limited to self-reported, social media, and call centers, to identify
patterns and behaviors for predicting who may be at higher risk for
suicide?
Response. In consultation with VHA and their Office of Mental
Health and Suicide Prevention, I will seek to support their mission
through the use of data analytics and data visualization to use VA's
vast amount of data to correlate what indicators may exist regarding
suicidal behavior.
______
Response to Posthearing Questions Submitted by Hon. Richard Blumenthal
to James P. Gfrerer, Nominee to be Assistant Secretary for Information
and Technology, U.S. Department of Veterans Affairs
tracking sterilized equipment
VA medical facilities across the country have faced challenges
tracking equipment. This creates huge waste and impacts the quality of
medical care if artificial shortages of medical equipment are created.
The IT solution to solve this problem--Real Time Locating Systems
(RTLS) is a costly complete failure. According to the VA Inspector
General, this failure is due to VA mismanagement in the deployment of
the system that was functionally defective.
The West Haven VA faces chronic challenges ensuring the
sterilization of its equipment due in large part to inadequate storage
facilities. The infrastructure challenge will be resolved through a $17
million investment in a new facility. But that will take time to build
and even once constructed an IT solution will need to be in place to
properly track the use and availability of sterilized equipment. I
understand that the West Haven VA currently relies on the Sterile
Processing Microsystem (SPM) Instrument Tracking Software. But when and
how this software will interact with RTLS and the new electronic
medical records software to be deployed by Cerner is not clear.
Question 1. If confirmed, what will you do to improve the tracking
and better share information on the status of VA medical equipment
generally and sterile equipment specifically?
Response. If confirmed, I would work in coordination and support of
the Veterans Health Administration (VHA) to help determine best
practices around the technology and systems to track VA medical
equipment and sterilization.
Question 2. What IT solutions can be utilized to address tracking
for equipment?
Response. As previously stated, I would work with VHA as the
business process owner to assess current technologies and systems and
any future state changes that might be warranted.
Question 3. What specific IT solutions should the West Haven VA
implement in the interim as it awaits both the replacement of its
storage facility and better IT capabilities overall?
a. How will you support West Haven in these efforts?
Response. I will review the situation at the West Haven medical
center and in consultation with VHA will work to ensure that they are
equipped with the IT infrastructure necessary to complete their
mission.
Question 4. How do you foresee the new Cerner platform tracking the
utilization and storage of sterilization equipment?
Response. The Office of Electronic Health Record Modernization
(OEHRM) implements the Cerner platform in support of VHA, and if
confirmed, I would look forward to assisting these efforts to ensure
they address medical asset tracking and sterilization.
foreign influence campaigns targeting veterans
Russia is now distributing propaganda through social media and
websites to our servicemembers and veterans. During the election it
purchased advertisements on Facebook that specifically targeted our
military and veterans to promote conspiracy theories and advance
disinformation campaigns. It set up fake accounts to try to friend
active duty servicemembers online and hacked servicemembers' email
accounts--including posting on DC Leaks the emails of General
Breedlove, the former Supreme Allied Commander of NATO.
Question 5. What can VA do through education and awareness as well
as its own security practices to help protect veterans' data privacy
and security against foreign influence campaigns?
Response. Security and Awareness education is an important
component for all members. There is a body of existing materials across
the Federal space that can be used by Veteran Service Organizations and
individual Veterans to improve their personal security awareness and
practice. Additionally, if confirmed, I would look to build a ``culture
of security'' within the VA workforce, as well.
modernizing va mail delivery system
A 2017 GAO report (GAO-17-581) found the VA's mail operations lack
performance measures and goals, clear accountability, and sensible
procurement procedures. Often, because of these outdated mail
production practices, VA notices and mail fail to reach the intended
recipient at the correct address within a reasonable timeframe. VA's
decentralized processes are in a large part responsible for these
inefficiencies, resulting in the use of inefficient hardware,
unnecessary labor, and foregone bulk mail postage discounts.
Question 6. In your role as CIO, would you consider modernizing
department mail systems as part of broader modernization efforts? If
confirmed, will you provide the Committee with an analysis of how an
upgraded, consolidated print production architecture will impact VA
costs and service to veterans?
Response. If confirmed I would engage the Office of Enterprise
Integration and the proper leadership team for VA mail systems to
explore the possibilities of modernization and offer any assistance
they may need in addressing any prevalent issues.
______
Response to Posthearing Questions Submitted by Hon. Mazie K. Hirono to
James P. Gfrerer, Nominee to be Assistant Secretary for Information and
Technology, U.S. Department of Veterans Affairs
sexual harassment history
To ensure the fitness of nominees for any of our appointed
positions, I ask every nominee who comes before me to answer the
following two questions:
Question 1. Since you became a legal adult, have you ever made
unwanted requests for sexual favors, or committed any verbal or
physical harassment or assault of a sexual nature?
Response. No.
Question 2. Have you ever faced discipline, or entered into a
settlement related to this kind of conduct?
Response. No.
telehealth services
Question 3. How would you assess the VA's implementation of
telehealth legislation Sen. Ernst and I successfully got signed into
law as part of the VA MISSION Act?
Response. The VHA Office of Connected Care oversees the
Department's efforts around telehealth. If confirmed, I will look to
assess the current state of OI&T's support to VHA regarding the MISSION
ACT and Telehealth.
The law would allow qualified VA health professionals to operate
across state lines and conduct telehealth services, including mental
health care treatment, for veterans from the comfort and privacy of
their own homes.
Question 4. How do you envision the role of telehealth at VA
facilities across the country and what would you do to ensure remote
communities, such as those on the neighbor islands in my state of
Hawaii, would have access to these services?
Response. I look forward to working with VHA to ensure the right
network architecture, technologies and digital capabilities are brought
to bear as they deliver VHA services to remote communities. If
confirmed, I will look forward to working with VHA on supporting this
service channel.
______
Response to Posthearing Questions Submitted by Hon. Joe Manchin III to
James P. Gfrerer, Nominee to be Assistant Secretary for Information and
Technology, U.S. Department of Veterans Affairs
Question 1. As Assistant Secretary one of your most important
initiatives will be modernization of the VA's Electronic Health Record
(EHR). The VA has undergone a number of attempts at EHR modernization
over the years that have failed at an estimated cost of almost $2
Billion in taxpayer dollars. When talking about a new EHR in a health
care system as large as the VA, there really isn't really any such
thing as an ``off the shelf'' system. How is the current EHR
modernization (EHRM) initiative distinct from previous efforts? What
are the biggest challenges facing deployment of a new EHR at VA and how
do you plan to address them?
Response. This most recent effort on the subject has established
the Office of Electronic Health Record Modernization (OEHRM) as the
program lead for EHRM is separate entity within the VA, reporting
directly to the Deputy Secretary. OEHRM, the Veterans Health
Administration and the Office of Information and Technology will
continue to collaborate closely to ensure this important transition is
effectively and smoothly implemented. This is distinctive difference
from past efforts, in that a separate office with greater visibility is
in charge. In discussions with OEHRM, they state that Cerner will bring
commercial best-practices embedded in their EHR services, though they
acknowledge that some degree of standardized customization will likely
have to occur in order to align with VHA business processes. According
to these stakeholders, the largest challenge overall is the ``change
management'' required by VHA clinicians in order to align with the new
EHR System. For OI&T, the biggest responsibility is to provide
sufficient network infrastructure to carry the new system.
Question 2. The VA serves millions of veterans and in the process
it handles many sensitive records, including disability claims and
medical records. The VA may retain some of the most personal and
sensitive data of any agency. As demonstrated the Office of Personal
Management (OPM) data breach and many other attempts to infiltrate
government data systems, keeping this sensitive information secure is a
significant challenge. What is the VA currently doing to ensure VA data
remains secure and out of the hands of bad actors? What additional
measures, if any, should be taken to increase data security of VA
systems?
Response. Based on my experience I would expect the VA to be
compliant with all NIST guidelines and standards and to fully embrace
the NIST cybersecurity framework which holistically addresses the
protection of the types of information entrusted to the VA's care. As
someone who's information was breached in the OPM breach and who's
personal health information (PHI) is in the VHA system, I am personally
vested in safeguarding this information.
Question 3. In professional areas that are in high demand, like
cybersecurity, it can be difficult for government agencies to keep up
with the private sector in terms of compensation. Recruitment and
retention of highly skilled employees is vital to the success of any
organization that relies on technology. What can you do, considering
the human resource challenges faced by Federal agencies, to recruit and
retain the talent needed to implement and maintain the VA's many IT
systems? Are there any additional authorities or resources that
Congress can provide do to assist the VA in recruiting and retaining
highly qualified IT professionals?
Response. Coming from the private sector I fully understand the
necessity of maintaining competitive incentives to encourage both
seasoned and the next generation of IT professionals to work for the
VA. While I'm not yet fully versed on the VA incentive programs for IT
professionals, if confirmed, I won't hesitate to work with OCLA to
communicate to Congress what is needed to help the VA maintain
competitiveness within the industry.
Question 4. The VA is a large and diverse agency with equally large
and diverse information technology needs. In addition to electronic
health records, VA needs IT systems for processing disability claims,
modernization of the appeals process, conducting medical research,
managing benefits programs, etc. Are you familiar with the process the
VA uses to distribute IT funding and resources to its various hospitals
and program offices? If so, in your opinion, does this process ensure
that IT resources are distributed appropriately? Does the VA have the
IT resources needed to fulfill all of its missions?
Response. I understand that the VA is centrally appropriated for
IT, however, I am not presently familiar with how the money is
distributed to the various program offices and individual hospitals. I
intend to learn more about this and will ensure processes and
procedures are in place to fulfill OI&T's FITARA responsibilities to
oversee distribution and execution of IT funds. I will come back to the
Committee with any IT resource needs if any shortfalls are identified.
Question 5. The Military Times recently reported, that the Forever
GI bill was supposed to take effect August 1st, but that it hasn't due
to IT issues. Specifically, veterans are receiving checks with the
wrong amounts for their housing stipends. The law changed and the
stipend is now based off the location where the veteran takes the
majority of their classes, not the location of the location of the
school's main campus--which makes a lot of sense when we see how much
distance learning and other programs have positively impacted the
veteran population. What steps do you think VA should be taking to get
it right?
Response. As a supporting effort to the Veterans Benefits
Administration, I would ensure that OI&T fully supports implementation
of all programs, including the Forever GI Bill. I would ensure that the
original requirements are appropriately mapped all to the law, to
ensure that VBA is able to accomplish its mission in paying out
benefits in a timely and accurate manner.
Chairman Isakson. Thank you both for your excellent
testimony. We are proud of both of you, to have you here, and
proud of your kids back there for doing such a good job pulling
for their parents.
Let me say this. We have a great Ranking Member who very
graciously has got some time to be here today, because he is
campaigning and a lot of times he has not been here. He is
going to give us time to go ask our questions first, out of
courtesy, and I want to thank him. He as set such a good
example, I am going to do the same thing. So, our doctor and
our Kansan both are going to get their chance to ask their
questions before the leadership of the Committee.
We appreciate very much your being here today, and
hopefully by the time your testimony is over we will have other
Members of the Committee come in. I have a ton of questions and
I will clean up with that, if nobody else comes.
Senator Moran.
HON. JERRY MORAN, U.S. SENATOR FROM KANSAS
Senator Moran. Mr. Chairman, thank you. Thank you to you
and the Ranking Member for your courtesy.
I will begin with Ms. Bonzanto.
Ms. Bonzanto. Bonzanto.
Senator Moran. Thank you. Bonzanto. Thank you very much for
being here, both of you. Amazing tasks you have ahead of you,
significant responsibilities, desired outcomes of what we are
looking for.
Let me begin with you, Doctor. You indicated in your
written testimony ``every era of veterans have struggled at
some point to access services within the VA, and I do not want
to keep history repeating itself.'' So, I join you in that. I
do not either.
Let me first of all make the comment that we usually, when
we think of whistleblowers and your work we think of protecting
someone who is reporting bad behavior. But, I also want to talk
about the culture, the accountability portion of your
responsibilities, and that is what do we do to change the
culture? What do we do to rid ourselves of inept employees, or
those who do not have the right motivation for the jobs they
occupy?
We must not accept mediocre behavior. My experience is that
often when there is bad behavior at the VA, the end result is
that that employee is transferred to some other facilities,
some other hospital, where my assumption is the bad behavior
continues.
So, let us begin with how will you change the culture of
the VA? What should I look for, say, a year from now, that
because of your responsibilities that you are performing, the
VA will be different in what way? So, when I vote to confirm
you and I want to have a standard by which I judge your
accomplishments, what would you tell me the VA would look like
that is different than it is today?
Ms. Bonzanto. Senator, thank you for your questions. I
think the most important thing is building trust with the
employees. I think it is key to do that. And, to do that we
require communication across the board, right, improving
communication from the senior leaders to the bottom to the
front line employees, and that is something that I have worked
on in my current role. That is something that I have worked and
struggled with, is how do we improve communication, when
employees report an issue that they can trust that the chain of
command will take care of that issue, and currently that is not
happening.
I am hoping a year from now that we can start reducing the
number of whistleblowers coming to our office to report
concerns, and getting the chain of command and the program
offices to take care of that.
Senator Moran. Why do you think that does not happen today?
Ms. Bonzanto. The culture does not support that, sir.
Senator Moran. What does that mean? Like the culture--I use
that word, you use that word. But, why is it that someone would
protect someone who is not performing?
Ms. Bonzanto. I could not speak to exactly why they are not
doing it because I am not in VA, but as an investigator for the
House Committee I can tell you it is because sometimes
employees just do not understand--a supervisor may not
understand what to do with that information, or they are
hitting barriers when they are reporting up the chain. The
information is not going up, and the information from the top
is not going down, so there are barriers in communication, and
breaking those barriers, I think, is going to be key to
building trust in the organization.
Senator Moran. Those standards I should be looking for, how
would the VA look different a year from now as a result of your
efforts?
Ms. Bonzanto. We will have veterans satisfied with the
delivery of customer service. If you improve the culture and
employees are satisfied with the environment that they are
working in, and they feel safe working in that environment and
reporting concerns, hopefully we can get improvement in
customer services, the sale metrics currently will be able to
improve. And, whistleblower complaints will probably decrease
because employee can now trust that they are using the chain of
command to report concerns.
Senator Moran. Is it your view that the VA now has the
necessary tools to hold employees, including management,
accountable?
Ms. Bonzanto. Yes, sir.
Senator Moran. Does that accountability include the ability
to discharge an employees, particularly a person in management
who has demonstrated incompetence or inabilities over a period
of time?
Ms. Bonzanto. In my opinion, yes, sir.
Senator Moran. So, the ability to discharge an employee now
exists.
Ms. Bonzanto. Yes, sir.
Senator Moran. Let me turn to you about IT, and make
certain, just in the few minutes that I have, which is about a
half of a minute, that you have an understanding that a number
of pieces of legislation exist. FITARA would be one of them.
The MGT Act, Modernizing Government Technology Act, both of
which I and Senator Udall were actively involved in. How do you
see your role as a result of those new pieces of legislation?
Is there an opportunity for things to improve, to change the
reports that we have seen on the VA? Particularly in regard to
protecting information from outside intrusion, it has been far
less than perfect.
Mr. Gfrerer. Senator, thank you for your question. A lot to
respond to there. On the security front, I can tell you that I
have read the OIG report on material weakness. It is a
sustained pattern of unpreparedness. As someone who has their
personal health information in the VA system, and even if I was
Lance Corporal Gfrerer, I would be pretty hot under the collar
if there were continued material weaknesses and insecurities.
So, that, as I mentioned in my testimony, is one of my top
items.
In terms of the legacy systems, I think the Ranking Member
alluded to it as well, that it is going to take a concerted
effort to maintain VISTA, for example, for 9 to 10 years, as we
serve that customer base that will never see Cerner.
Then, I think, finally, on FITARA, the one good piece of
news is many agencies struggle with the leadership access from
the CIO. VA, to my assessment, does not. I think Secretary
Wilkie and the Veterans Affairs Department, the CIO, and
secretary of the position that I am being considered for has
that access and that authority.
Senator Moran. Remind me the status of the CIO at the VA.
Mr. Gfrerer. Well, the current position holder is an
executive director. It is an interim.
Senator Moran. Has someone been nominated?
Mr. Gfrerer. That is me, sir.
Senator Moran. It is you?
Mr. Gfrerer. Yes.
Senator Moran. So, you perform all those responsibilities?
Mr. Gfrerer. All of the things you mentioned would fall
under the purview of OI&T. Yes, Senator.
Senator Moran. Your responsibilities are greater than I
realized. Your challenges are significant. Thank you.
Chairman Isakson. You have had a lot of those
responsibilities already in previous service in the Navy and in
your service to the country. Correct?
Mr. Gfrerer. Yes, Mr. Chairman.
Chairman Isakson. That is why we think you are going to be
so good.
Senator Sullivan. Mr. Chairman, I think it is the Marine
Corps, is it not?
Mr. Gfrerer. Yes, Senator.
Senator Sullivan. Just being clear here. The Marines are
Department of the Navy, but he is a Marine. That is why I am
supporting him.
Chairman Isakson. Senator Cassidy.
HON. BILL CASSIDY, U.S. SENATOR FROM LOUISIANA
Senator Cassidy. Again, thank you to the Ranking Member and
to the Chair for allowing us to go first.
Thank you both for offering yourselves for service. Mr.
Gfrerer, I want to talk about the electronic health record. I
am interested in knowing how this change in leadership will
impact things going forward. Prior to the change in the EHR
leadership, the VA modified its Cerner contract to require an
assessment and report on determining the configuration of the
MHS Genesis, which is the DOD's EHR, and its suitability to use
as a baseline for the VA's EHR. Is this report still a
requirement, and, if so, when can we expect to receive it?
Mr. Gfrerer. Senator, thank you for your question. I have
had one discussion with the EHR office. I am aware of the
modification. I know that one of the values in the
collaboration between DOD and VA that was stressed to me was
the opportunity to learn and make better contractual decisions
going forward, as VA would take on the role of Cerner. So, I
suspect that that is a positive development, but I can get back
to you further on it.
In terms of your question about the actual construct of the
contract, I can tell you about my role a little bit. I mean,
obviously, in OI&T, as you know, the legislation gives the
Office of Electronic Health Record Modernization a direct
reporting role to the Deputy Secretary, and then the Office of
Information and Technology has a direct supporting role to that
effort, you know, kind of a current state, future state.
So, while we are maintaining VISTA and EHR is being brought
online with Cerner, it is a collaborative effort. So,
principally, the effort from OI&T revolves around ensuring that
the network infrastructure and all the other resources are up
to par, given the requirements that MHS will demand.
I do not know if I have fully answered your question.
Senator Cassidy. Well, I understand there has been concern
about the deployment of MHS; so, in turn, how is going to--if
there is concern about that, what is the concern regarding the
interaction of the VA's Cerner EHR with the DOD's Cerner EHR?
Mr. Gfrerer. I will probably have to come back at another
time, Senator, to update you on it. Again, my early
understanding, with the sum total of my briefings, were that
any changes or modifications to the contract were on a lessons-
learned basis, and it was not necessarily a bad thing. It was
not affecting interoperability. That is not to say that there
are not great challenges that are acknowledged across the
enterprise. I think the one thing that a lot of people, myself
included, do not have a full appreciation for up until now is
that the record is really the centerpiece, right. You are
talking about an enterprise effect, all the way from clinicians
to facilities to supply chain, the whole gamut of the business.
So, that is quite a bit of commonality to achieve across two
different medical domains.
So, I think the shorter answer to your question is I will
probably have to follow up, if confirmed, on those specific
points.
Senator Cassidy. Mrs. Bonzanto, Ms. Bonzanto, in June 2017,
Congress passed Pub. L. 115-41, which created the Office of
Accountability and Whistleblower Protection. We have learned
that there has been about 1,200 removals, 46 demotions, and 34
long suspensions. And, during this process, a lot of data was
accumulated.
So, I am asking this kind of leading question, but hoping
that you will agree, if it is your intention to use the data of
all these people discharged or demoted or suspended to better
inform how we can prevent such issues, such as a pre-employment
screening, management skills, or the oversight of first-line
directors. Any thoughts beyond me begging the answer?
Ms. Bonzanto. Senator, that is a great point that you make,
using data to inform how we hire, how we train, how we retain
employees, and also looking for areas--do we have specific
areas in that we have problems in? For example, supply chain,
logistics, looking at employee turnover rates. I absolutely
think that is a good point you are making, and I do intend to
use the data.
Now there are data integrity issues in VA, so maybe we need
a system where we can better track the employee turnover
rates--exit interviews--by doing exit interviews, pre-
employment screenings, like you said. So, it is having a strong
IT system in place that we can do that.
Senator Cassidy. OK. Well, please keep us apprised of those
findings, because clearly if we are having turnover, and if we
are in a health care system and some of that turnover is
negatively impacting patients, that is negative for the patient
and negative for the taxpayer. So, if we could have more
information on that, I would appreciate it.
I am out of time. I yield back. Thank you.
Ms. Bonzanto. Thank you.
Chairman Isakson. Senator Sullivan.
HON. DAN SULLIVAN, U.S. SENATOR FROM ALASKA
Senator Sullivan. Thank you, Mr. Chairman. I want to thank
both of the nominees here for your willingness to serve, and
your families. I know it is not always easy on the families to
do this, so I appreciate that. I think both of you have very
qualified backgrounds, so I intend to support both of the
nominees here.
Ms. Bonzanto, you are the Navy vet, right?
Ms. Bonzanto. Yes, Senator, a corpsman.
Senator Sullivan. OK. A corpsman. Good. Oh, that is almost
like being a Marine. [Laughter.]
Let me get back to the issue, though. You talked about
trust. I actually want to get your sense, from actually both of
you, because you mentioned the trust factor that exists, in
your previous answer, between management and the employees of
the VA, which I think is important. I would like both of you to
comment on what I think is the much, much bigger trust deficit
that exists with regard to the VA, and that is with regard to
the VA and the veterans that they serve.
I think in both of your areas of responsibility, but
particularly yours, there has been a trust deficit, meaning,
you know, the news stories that we hear, and a lot of times it,
you know, VA officials here, I think the vast, vast majority of
the VA, in Alaska, my State, or other places, they are
dedicated, motivated, patriotic public servants. But, when you
do hear the example, and we have heard a number of them in this
Committee, of somebody padding their own wallet or purse with
hundreds of thousands of dollars, and then not even being
disciplined, the trust factor for the veterans plummets. Which,
I think has happened over the course of the last several years.
Can both of you talk to that issue, because I think it is
the most important thing, in many ways, that the entire VA,
whether it is the Secretary or the other Senate-confirmed
nominees in the VA, are going to have to deal with.
Ms. Bonzanto. Senator, thank you for that comment. I do
appreciate what you are saying, and as a nurse I understand the
importance of patient-centered care, right. Veterans are
patients and they are the center of this, and having their
trust, ensuring that they trust in the system will get them
into the system for much-needed services.
Senator Sullivan. Not only that, but when they read about
the, you know, malfeasance--and I am not saying this is
happening all over the place, but it is happening, and those
people are not getting fired. We have now given your agency,
and the Secretary, the power to fire people who are doing a bad
job, or worse, doing some kind of corrupt action. You need to
use it. You need to recommend it and you need to use it in
order to get that trust back.
Ms. Bonzanto. Senator, I agree with you. That is something
that I am willing to do, and I do agree that we need to use the
authority to either improve, like the Chairman said, we either
improve, give them the tools they need, ensure that they are
trained, and if they cannot do the job then maybe it is time
they move on.
Senator Sullivan. OK. Good. Colonel, do you have a view on
that?
Mr. Gfrerer. Senator, thank you for your question. I share
the outrage that the Chairman has. I mean, if it is Petty
Officer Bonzanto or Lance Corporal Gfrerer, you know, USMC
retired, and my 9/11 check is not the right amount and it is
putting my schooling in jeopardy, that is a big deal. I think
part of it is making it personal, beyond the accountability
issues. I believe that everyone comes to work every day and
wants to do the right things for the right reason, but it is up
to leadership to really drive that sense of responsibility and
accountability.
The Chairman and I were talking back before the hearing
and, you know, one of my techniques is to make it personal,
right. I want to have Petty Officer Bonzanto's picture on our
wall, and I want to have a little bit of a death stare at us,
saying, what are you doing to make sure that my earned
benefits, as a result of my service, are timely and in the
appropriate amount, so you are not putting me in jeopardy, and
my health care and everything else that goes along with that.
I can only say that, you know, OI&T has a 59 percent
veteran rating, but it is very easy in our day-to-day grind to
be head down and not realizing the impact we have on the
individual woman or man that is receiving those benefits.
Senator Sullivan. Good. I appreciate that answer.
Let me ask, in terms of what you are going to be focused
on, particularly with the Cerner project, which we all, I
think, agree is an important one but also a complicated one. I
was looking at how the senior leaders at the VA frequently talk
about this electronic health record modernization as a 10-year
project. Now, hopefully, both of you are going to take a little
sense of urgency into these jobs.
When I hear 10-year schedule on the implementation of
Cerner, that kind of makes me quite nervous. When does the
planning and implementation begin? You know, I would rather
have this a 5-year or 3-year or 2-year. I mean, one thing with
the Federal Government is we often get the sense that there is
no urgency here. Can you give me your sense of this, and are we
really looking at 10 years from now in order for this to be
completed? I cannot believe that that is what the plan is.
Mr. Gfrerer. Senator, I understand your concerns around
that, and again, in my early discussions with the Electronic
Health Record Modernization Office there was some expressions
of options to pull milestones forward. I will tell you, if you
look at VA's track record, via the IT dashboard, it is not a
function of necessarily being on schedule. It is more a
function of being over budget.
So, when you look at the various risks to the project, one
of them, though, that was identified by the project lead, by
Mr. John Windom, was that in a 10-year program it is very easy
to not be serious and urgent about those early milestones. I
know that in my early discussion with him there is even looking
for the opportunity to pull milestones forward.
Now, that said, there is a huge change management
component. Any time you implement a commercial off-the-shelf,
uncustomized version, the clinicians are going to have to go
through a very rigorous and substantial training education and
implementation process to kind of confirm their work flows to
the IT system. So, there are some rubs on both sides of that.
Again, I think to your basic question, there is every sense
of urgency to make that timeline under 10 years, not to put it
at or beyond 10.
Senator Sullivan. Right. Well, can you, as part of your
commitment to this Committee, we would like to be kept informed
on that, and if you are trying to push the timelines to the
left more quickly I think you would get support, but we would
like to be keep apprised of that.
Mr. Chairman, may I ask one final question here?
We all represent different, unique States. My State is, as
you probably know, the biggest State in the country by far. We
also have more vets per capita than any State in the country.
It presents unique challenges, delivering benefits and health
care to Alaskan veterans. So, I would like to get each of your
commitment, during your tenure, soon into your tenure, when you
get confirmed, to come on up to Alaska, hopefully with me, and
you can see some of the challenges and meet some of the great
veterans that I represent. Can I get your commitment on that,
both of you?
Ms. Bonzanto. Yes, Senator. I look forward to it, as a
nurse, and that is what I enjoy doing. I would like that.
Mr. Gfrerer. Same as well, Senator.
Senator Sullivan. Great. Thank you. Thank you, Mr.
Chairman.
Chairman Isakson. Senator Sullivan, while you were
describing those adjectives to describe the State of Alaska, my
seatmate up here said, ``Well, that could be said for the State
of Montana, too.'' He was glad that you all shared the same
problem.
Senator Sullivan. I think Alaska is seven times the size of
Montana, but I am just saying.
Chairman Isakson. It is big when it needs to be big but it
is small when it needs to be small.
Senator Sullivan. It is pretty big. The Ranking Member, I
will acknowledge that.
Chairman Isakson. Senator Tester.
Senator Tester. Well, thank you, Mr. Chairman. Before I get
to my questions, how old are your children, Ms. Bonzanto, the
ones that are here?
Ms. Bonzanto. Sir, they are 7-year-old twins.
Senator Tester. Well, I just want to say congratulations.
We have been at this for 46 or 47 minutes and they have been
sitting there being good. We sometimes have some adults up here
that cannot sit still. Good job, girls. What are your names?
Ms. L. Bonzanto. Lilliana.
Ms. S. Bonzanto. Sophia.
Senator Tester. OK. Your names are in the record now. That
is good.
Ms. Bonzanto, as far as the electronic health records, I
agree with Senator Sullivan; we need to get it done. But, what
is even more important, it has got to be done right. I mean, if
there is anything we learned from Choice we pushed, it ended up
being a train wreck. It is really important. This is really
going to make or break the VA moving forward. So, we will get
to your questions in a second, Mr. Gfrerer.
Ms. Bonzanto, there is data that has been provided by the
VA on implementation of the Accountability and Whistleblower
Protection Act. It demonstrates there have been significant
increase in actions taken against lower-grade employees since
the passage of that act, and literally no jump in actions taken
against senior leaders. I will be the first to tell you, unless
there is action to be taken I certainly do not want you to do
it on metrics. But, it does not seem to me that that is going
on right now. And, the reason I say that is because there has
been a lot of higher-grade folks that I get the complaints on.
The folks on the ground, I tell you, I just do not get a lot of
complaints about those guys. They do good.
I just want to know, based on your work on the Committee,
have you found that wage grade 1 through 5 employees are
generally the cause of institutional problems at the VA?
Ms. Bonzanto. No, sir.
Senator Tester. OK. So, last week we also learned that the
arbitration--we learned in arbitration that the VA did not
implement the legislation fairly. Are you aware of that?
Ms. Bonzanto. I am not familiar with the exact details of
the case. There was a press story on it.
Senator Tester. Well, the VA was ordered to rescind actions
taken against employees who did not get the opportunity to
improve through performance improvement plan. And, by the way,
you have said many times here, and when I was on the school
board it was evaluate, remediate, and then, if necessary,
terminate.
I guess given this finding, how can we trust that the rest
of the legislation is going to be implemented fairly?
Ms. Bonzanto. Sir, if confirmed, I am committed to going in
and really looking at the office and what the weaknesses and
the strengths of that office is, and also looking at how the
act, the Accountability Act of 2017, has been implemented at
the local level. Who is utilizing it, what are the numbers, and
where are the problems? Are we getting utilization and higher
numbers of low-grade employees being removed, compared to SES
positions.
Senator Tester. Then, what do you do about that if you find
that out? I mean, I do not want you to go head-hunting for
management folks. I do not want you head-hunting for anybody. I
want you to get rid of the folks who are not doing the job.
That was the intent.
Ms. Bonzanto. Right, sir. I agree. The Accountability
Office serves in an advisory role to the Secretary. The
investigations that we complete in that office, if confirmed,
we will be looking at senior-level employees.
Senator Tester. OK.
Ms. Bonzanto. With that being said, there is nothing
stopping me from, if confirmed, working with H.R. to ensure
that managers are aware of how the law should be implemented
and if they are implementing it appropriately.
Senator Tester. OK. Well, thank you. Let me visit it, and
in response to the previous questions you have noted that you
do not believe that facility leadership is capable of
performing unbiased investigation into whistleblower complaints
at their own facilities. Would you please explain?
Ms. Bonzanto. The current culture, and in my current role
on the House Committee on Veteran Affairs, I do not believe
that, at the local level, there is trust that the local
leadership will do the right thing when it comes to
whistleblowers. We have seen many whistleblowers and we have
had many complaints, in my experience, of whistleblowers being
retaliated against. Currently, the way the office is
structured, the reports of retaliation gets referred back at
the local level for investigation, and I do not believe that is
appropriate, because the culture in VA does not support that
right now.
Senator Tester. OK. This is a big agency.
Ms. Bonzanto. Yes, sir.
Senator Tester. To say the least. Would you commit to
looking into and reporting back to the Committee within a
couple of months, 60 days, as to whether the approach taken by
the agency in terms of where whistleblower complaints are sent
is fair and it is appropriate, including any recommendations
you might have to improve that process?
Ms. Bonzanto. Yes, sir, I will.
Senator Tester. Do you think 60 days--am I being fair with
that ask?
Ms. Bonzanto. For report and a conversation about that?
Senator Tester. Yeah.
Ms. Bonzanto. I think 60 days is appropriate, sir.
Senator Tester. OK. Mr. Gfrerer, last week we talked about
mitigating problems that might occur during the deployment of
the new electronic health record. I want to run a few different
scenarios by you to see what you would do, assuming
confirmation.
So, you come in, you realize quickly that the VA is not
ready to go live at initial sites, when planned. What do you
do?
Mr. Gfrerer. I mean, Senator, with the slippages of any
milestone it would have to be looked at in terms of the follow-
on effect with subsequent milestones. If it were serious
enough, if the question is in terms of accountability, if it
were serious enough to put a further deferral on subsequent
milestones there would have to be some sort of personnel action
to get the team's attention, I would think.
Senator Tester. OK. Where does informing this Committee
fall into that, if a milestone is to be moved?
Mr. Gfrerer. I know that, Senator, in talking with the
current team at OI&T, there is a means there, or there is a
feeling that there really are no yellow programs. There is
either a red or green, in terms of reporting.
Senator Tester. Right.
Mr. Gfrerer. So, yellow is, you know, kind of a
distraction. And, to your question, at the earliest indication
that something is going to red, and going to have a substantial
effect on milestone achievement, I think that is when
communication with this Committee and with the body is
necessary.
Senator Tester. OK. Thank you. OK. So, you begin hearing
that practitioners in Washington State, where the first
deployment will--just a scenario--are very unhappy with the
product. Morale is down. Concerns about turnover are real. What
do you do before deploying to additional sites?
Mr. Gfrerer. Senator, that question gets to the heart of my
statement, too, which is inherently about business
transformation. Throughout the process, I mean, the customer,
the internal customer really is the Veterans Health
Administration. In concert with them, they are my internal
customer, along with EHRM. So, ultimately, in terms of steps
with clinicians at the pilot site and whatnot, it would have to
be done in consultation with the VHA, because they are their
staff.
But, with respect to OI&T staff and their achievement or
failure, meeting milestones at the pilot site, that would
clearly fall within my purview. Again, I share the Senator's
concern about the slippage of milestones in a 10-year-long
program. If you do not put some rigor and accountability on
early in the process, it sends a message very early on that it
is just a matter of we can slip it until the next option year,
and that is going to have a deleterious effect.
Senator Tester. OK. You learning a project is going to come
in significantly over budget; what do you do?
Mr. Gfrerer. Well again, Senator, with the methodology of
projects either being in red or green, and having, you know, a
fairly solid fingertip feel on that cusp of where it is going
to go from green to red, it is not an overnight phenomenon.
But, at the point that it is going to red, or that it needs
to be designated, again, I think communication with this
Committee and with other stakeholders is essential. Again, I
think the gamut of actions, whether it be personnel actions,
additional budgeting discussions, those are all things that
would have to be contemplated at that time.
Senator Tester. OK. Another scenario. Cerner EHR is going
to be, while, I mean, Washington is being rolled out, Montana,
it may be 9 or 10 years that we are still on the VISTA program?
I hope not, but maybe. What do you do if the President's budget
does not support VISTA?
Mr. Gfrerer. Senator, that is a serious question, because,
as you made in your initial statements, and I fully concur with
it, there is no option to the maintenance of VISTA. I mean, to
the VISNs and the sites that are not cut over, or in parallel
process, it is absolutely essential that the funds and
resources be available to the maintenance of the existing
system.
So, I mean, that is a critical issue, certainly one that
the Secretary and I and the Deputy Secretary would have to have
a conversation very early on about that.
Senator Tester. OK. Thank you. Thank you both. I would just
say this. I think it is really, really, really important. This
is a big money item. I mean, we are talking $10 billion and
maybe as high as $16 billion. We are talking 10 years. I agree
with Senator Sullivan. If you move it up, fine, but it may be
longer. And, I think the quicker the better so we can see the
benefits out of it.
I think communication is just going to be really, really
important, and do not look at us as an enemy. Look at us as
somebody who can help support you, get the job done, and get
the job done right. We have got a really good Chairman on this
Committee who listens well. You are going to be challenged, you
are going to be held accountable, but in the meantime, if we do
not know what is going on it just compounds the problem a lot
and makes it a lot worse.
As far as you go, Ms. Bonzanto, I hope you do as you say,
and I have no reason to think that you will not. But, I will
tell you, if you do your job as well as your kids behave, you
are going to be the Secretary of the VA before long.
[Laughter.]
Ms. Bonzanto. Thank you, Senator.
Chairman Isakson. Or maybe a Senator from Georgia.
Before the Ranking Member leaves I want to cover a couple
of points. You just heard his questions and comments regarding
this testimony today, and you saw one of the examples. I enjoy
working so much with Jon Tester because we think a lot alike. I
have been excited about today's hearing for some time because I
think we are finding the right kind of people now to tackle the
jobs, to correct the problems I know we have.
We have a lot of people in the VA that do not think we have
any problems and do not think they need to be held accountable.
Quite frankly, we do not have much cooperation in some areas;
at least I do not sense that we do. But, I think we have got
leaders in both of you that have the chance to do that, and Jon
and I will want you both to know that we will have your back
the whole time, to get it done.
I want to call your attention to the third from the last
paragraph of your prepared remarks, Mr. Gfrerer, where it says,
``My top three priorities would be a focus on: (1) stabilizing
and streamlining core processes and platforms, (2) eliminating
material weakness, and (3) institutionalizing new capabilities
to drive outcomes. To measure progress my intent would be to
use a roadmap with a comprehensive balanced scorecard for these
broad goals and objectives supporting core internal customers
and map to their projects. Finally, my intent is to ensure full
measures of effectiveness (MoE)''--that is the Navy and you are
the Marine Corps--``and specific project leads to ensure
progress and accountability by office and individual executive
leaders.''
That is what Senator Tester and I are looking for. We want
to identify our strengths, identify our problems, apply our
strengths to solve those problems, and measure our progress by
outcomes. That is such a great statement because we have
learned in health care, which is a complicated service to
deliver, that by measuring outcomes and by knowing what you
want the outcomes to be to get to the solution to the problem,
you can map your way on a good process and then develop a good
system to do that. I think your idea about having a roadmap,
measuring outcomes, identifying your strengths, and applying
them to those places where you have weaknesses, is exactly the
right template and the right game plan to go into this.
I think from everything that you said, Ms. Bonzanto, that
you are going to be just fine, just like Ruby is--no, it is not
Ruby. It is Lily. I am sorry. She has got the best smile. Lily,
you have done real good.
But, with your experiences, you are going to be able help
us. What we want to do is wake up one morning and be glad we
got out of bed, look forward to where we are going to work,
look forward to the end of the day when we are going to have a
libation somewhere and discuss our successes, or recalibrate
our goals because we do not have them high enough, and move
them up.
Once you get that type of culture and mentality in any
organization, whether it is the U.S. Senate, the Marine Rifle
Company or Rifle Squad, an airplane crew, or whatever it might
be, you do better, because every job has outcomes. You are
going to have them one way or another. They are going to be bad
or they are going to be good; you are going to have one or the
other, and no in-between choice.
If you measure what you are doing against the roadmap that
you developed, by studying the weaknesses and strengths and
applying your organization's strengths to them, you are going
to do a great job. I am confident that you will. I just hope
that you have a time early in the first few weeks where you
will need to call us and tell us, ``Well, you told us to use
our power to fire if it was justified. We just did on X, Y, and
Z, and this is what we did and why we did it. So, if you get a
complaint, I want you to know about it.'' In other words, be
proactive if you anticipate a problem.
You know, sometimes I had problems in my business, from
time to time, where I did not do a good enough job of walking
around and looking over the shoulder of my employees and asking
if I could help them. It got to where they thought if I walked
in I was looking over their shoulders to see what they were
doing, and spying on them, which is a bad attitude to have.
But, a good attitude is, ``Is my boss here? He wants to help me
succeed so we can reach our goals.'' If that is the way it
operates, it is going to do a great job.
I am delighted with your nominations and I think we will
certainly get to the confirmation vote soon, get it in place. I
will be over there to visit you not 2 days after you get there,
to see how you are doing in your progress after 48 hours. Yet,
I want to tell you, we are looking forward to you being
something we can brag about, what the Veterans Administration
is capable of doing, and did deliver in a positive quality
timeframe.
So, thank you both. Thank you for bringing your children.
By the way, your wife and your daughters all have costumes on.
They all look alike. Mom and the daughters are all just--they
look like the Andrews Sisters back there.
It is just great to have you here. Congratulations on your
nominations.
Are there any other comments? Everybody has left me, so I
will shut up and we will go forward. Thank you very much. This
hearing is adjourned.
[Whereupon, at 3:32 p.m., the Committee was adjourned.]
[all]