[House Hearing, 119 Congress]
[From the U.S. Government Publishing Office]


                         LEGISLATIVE HEARING ON.
              H.R. 472; H.R. 1041; H.R. 740; AND H.R. 1391

=======================================================================

                                HEARING

                               BEFORE THE

                     COMMITTEE ON VETERANS' AFFAIRS

                     U.S. HOUSE OF REPRESENTATIVES

                    ONE HUNDRED NINETEENTH CONGRESS

                             FIRST SESSION

                               __________

                       TUESDAY, FEBRUARY 25, 2025

                               __________

                            Serial No. 119-7

                               __________

       Printed for the use of the Committee on Veterans' Affairs
       
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                    Available via http://govinfo.gov
                    
                                __________

                   U.S. GOVERNMENT PUBLISHING OFFICE                    
59-865                     WASHINGTON : 2025                  
          
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                    COMMITTEE ON VETERANS' AFFAIRS

                     MIKE BOST, Illinois, Chairman

AUMUA AMATA COLEMAN RADEWAGEN,       MARK TAKANO, California, Ranking 
    American Samoa, Vice-Chairwoman      Member
JACK BERGMAN, Michigan               JULIA BROWNLEY, California
NANCY MACE, South Carolina           CHRIS PAPPAS, New Hampshire
MARIANNETTE MILLER-MEEKS, Iowa       SHEILA CHERFILUS-MCCORMICK, 
GREGORY F. MURPHY, North Carolina        Florida
DERRICK VAN ORDEN, Wisconsin         MORGAN MCGARVEY, Kentucky
MORGAN LUTTRELL, Texas               DELIA RAMIREZ, Illinois
JUAN CISCOMANI, Arizona              NIKKI BUDZINSKI, Illinois
KEITH SELF, Texas                    TIMOTHY M. KENNEDY, New York
JEN KIGGANS, Virginia                MAXINE DEXTER, Oregon
ABE HAMADEH, Arizona                 HERB CONAWAY, New Jersey
KIMBERLYN KING-HINDS, Northern       KELLY MORRISON, Minnesota
    Mariana Islands
TOM BARRETT, Michigan

                       Jon Clark, Staff Director
                  Matt Reel, Democratic Staff Director

Pursuant to clause 2(e)(4) of Rule XI of the Rules of the House, public 
hearing records of the Committee on Veterans' Affairs are also 
published in electronic form. The printed hearing record remains the 
official version. Because electronic submissions are used to prepare 
both printed and electronic versions of the hearing record, the process 
of converting between various electronic formats may introduce 
unintentional errors or omissions. Such occurrences are inherent in the 
current publication process and should diminish as the process is 
further refined.
                         
                         C  O  N  T  E  N  T  S

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                       TUESDAY, FEBRUARY 25, 2025

                                                                   Page

                           OPENING STATEMENTS

The Honorable Mike Bost, Chairman................................     1
The Honorable Mark Takano, Ranking Member........................     3

                         SPEAKING FROM THE DAIS

The Honorable Delia Ramirez, U.S. House of Representatives, (IL-
  3).............................................................     6

                               WITNESSES
                                Panel 1

Ms. Beth Murphy, Acting Principal Deputy Undersecretary for 
  Benefits, Veterans Benefits Administration, U.S. Department of 
  Veterans Affairs...............................................     8

        Accompanied by:

    Ms. Tracey Therit, Chief Human Capital Officer, Office of 
        Human Resources and Administration/Operations, Security, 
        and Preparedness, Veterans Health Administration, U.S. 
        Department of Veterans Affairs

    Dr. Sachin Yende, Chief Medical Officer, Integrated Veteran 
        Care, Veterans Health Administration, U.S. Department of 
        Veterans Affairs

                                Panel 2

Mr. Jim Whaley, Chief Executive Officer, Mission Roll Call.......    30

Mr. Patrick Murray, Director, National Legislative Service, 
  Veterans of Foreign Wars.......................................    31

The Honorable Max Rose, Senior Advisor, Vet Voice Foundation.....    33

                                APPENDIX
                    Prepared Statements Of Witnesses

Ms. Beth Murphy Prepared Statement...............................    43
Mr. Jim Whaley Prepared Statement................................    66
Mr. Patrick Murray Prepared Statement............................    76
The Honorable Max Rose Prepared Statement........................    79

                       Statements For The Record

Disabled American Veterans Prepared Statement....................    83
Veterans Healthcare Policy Institute Prepared Statement..........    88
Whistleblowers of America Prepared Statement.....................    91
Paralyzed Veterans of America Prepared Statement.................    93
National Association of Veterans' Research and Education 
  Foundations Prepared Statement.................................    97
Joint Letter from the U.S. Department of Veterans Affairs Labor 
  Unions.........................................................    99

                          APPENDIX--continued

American Federation of Government Employees, AFL-CIO Prepared 
  Statement......................................................   101
Concerned Veterans for America Prepared Statement................   118
National Association for Gun Rights Prepared Statement...........   122
Letter from the Everytown for Gun Safety submitted by Mark Takano   125
Letter from the National Fraternal Order of Police submitted by 
  Mark Takano....................................................   132

 
                         LEGISLATIVE HEARING ON
              H.R. 472; H.R. 1041; H.R. 740; AND H.R. 1391

                              ----------                              


                       TUESDAY, FEBRUARY 25, 2025

                    Committee on Veterans' Affairs,
                             U.S. House of Representatives,
                                                    Washington, DC.
    The joint hearing met, pursuant to notice, at 2:13 p.m., in 
room 360, Cannon House Office Building, Hon. Mike Bost 
[chairman of the Veterans' Affairs Committee] presiding.
    Present: Representatives Bost, Miller-Meeks, Murphy, 
Hamadeh, King-Hinds, Barrett, Takano, Brownley, Pappas, 
Ramirez, Budzinski, Kennedy, Dexter, Conaway, and Morrison.

            OPENING STATEMENT OF MIKE BOST, CHAIRMAN

    The Chairman. The committee will come to order. Good 
afternoon, everyone. Just so you know, I am glad to be here 
today and consider my bill, H.R. 4472, the Restore VA 
Accountability Act of 2025; also, H.R. 1041, the Veterans 2d 
Amendment Protection Act; H.R. 740, the Veterans' Assuring 
Critical Care Expansions to Support Servicemembers (ACCESS) Act 
of 2025. Now, we will also be discussing a Discussion Draft 
related to information the Secretary is allowed to transmit to 
the U.S. Department of Justice (DOJ) related to the Second 
Amendment issues. Finally, we will consider Ms. Ramirez's bill, 
the Student Veteran Benefit Restoration Act of 2025.
    Before I discuss the bills before us today, I would first 
like to welcome all of our witnesses who are here to testify on 
this legislation before us. We have discussed at length each of 
the issues these bills would address in multiple oversight 
hearings and through letters and traveled outside the Beltway 
to listen to the men and women who work at U.S. Department of 
Veterans Affairs (VA) and the veterans that they serve to fix 
these problems. Now, that this is this is what each of these 
bills would do, is fix a significant problem that exists in the 
VA.
    Now, I am sure the ranking member will suggest otherwise 
during his comments and he is welcome to continue to disagree. 
I remain concerned by the rhetoric-based talking points and 
fearmongering coming from our friends on the other side of the 
aisle. Despite this, I am focused on action on behalf of the 
millions of men and women who serve and from my seat as 
chairman. That is what the American people elected us to do and 
that is what the House Republican majority will deliver on.
    None of the bills on today's agenda are new or should come 
to a shock to anyone. In fact, we marked two of them up last 
Congress. I should also point out that the ranking member voted 
for VA Accountability Act in 2017, along with 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, when they both passed 
with large bipartisan majorities.
    With that, I am proud to have introduced my bill H.R. 472, 
the Restore VA Accountability Act of 2025 again this Congress. 
My bill would codify Congress' intent in 2017 to protect 
veterans' care and the taxpayers' investment by holding VA 
employees accountable. The Biden-Harris administration 
repeatedly protected employees who were accused of all kinds of 
misconduct, from disturbing sexual harassment to racism to 
senior executives incorrectly pocketing funds to poor patient 
care. Our investigation list was long and continues to grow, 
and holding people accountable who failed the veterans they are 
in charge of serving has taken far too long.
    Now, under President Trump's leadership, accountability is 
back at VA. Protecting veterans, not protecting bureaucrats is 
our mission once again. This means providing essential services 
to veterans by building a world-class workforce at the VA. The 
VA workforce is the second largest bureaucracy in the world. My 
legislation would protect those employees who come to work 
every day and do the right thing. I am 100 percent confident 
that most VA employees want to do good work. Time and time 
again, members on both sides of the aisle have heard from 
whistleblowers that bad employees continue to serve as a 
distraction from the mission. Right now VA does not have the 
ability to hold these bad employees accountable. This has a 
direct impact on the delivery of services across VA. We must 
ask ourselves if bad employees know they will not face 
consequences, then what is the incentive to correct the 
behavior?
    Now, I am grateful to the over 15 organizations who support 
my bill and I look forward to the discussion today. I am proud 
to also have introduced my bill, H.R. 1041, the Veterans' 2d 
Amendment Protection Act. My bill would prohibit VA from 
sending a veteran's name to the Federal Bureau of 
Investigation's (FBI) National Instant Criminal Background 
Check System (NICS) unless a judge or a court decides that the 
person could be a danger to themselves or others.
    In some cases, Virginia will appoint a fiduciary to a 
veteran to help them manage their VA benefits and finances. The 
appointment of a fiduciary has nothing to do with somebody 
being dangerous. It is about the veteran's ability to manage 
their financial benefits. The minute VA appoints a fiduciary, 
that veteran's name is automatically sent to NICS. In every 
other system a person must be found to be a danger by a judge 
based on the evidence being reported to NICS. Our veterans are 
reported to NICS without the same due process, as others who 
have not worn the uniform.
    My message remains simple: VA should not be able to take 
away a veteran's Second Amendment rights without due process 
simply because they need help managing their finances. Veterans 
should not be treated any different than every other American 
citizen. We know this practice creates a stigma around 
accessing veterans' critical VA care and services. It is time 
to stop it. This bill is not about guns on demand. It is about 
giving veterans the same due process as every other American.
    We also have a Discussion Draft before us today that would 
fix how VA has already reported over 250,000 veterans to NICS 
without due process solely because they have a fiduciary. I 
look forward to today's discussion about this bill and I am 
proud to have introduced my bill, H.R. 740 the Veterans' ACCESS 
of 2025. The House Republican bill would safeguard a veteran's 
right to healthcare that they want, whether in-community or in-
house; ensuring veterans have access to life-saving mental 
healthcare and treatment; place veterans, not bureaucrats, back 
in the control seat of their own healthcare decisions. It will 
make clear that community care is VA care. Let me say that 
again. Community care is VA care. The ACCESS Act would ensure 
VA's focus is veterans, not bureaucracy.
    VA healthcare is some of the best healthcare in the world, 
but only when it fully relies on the assets in the community. 
This bill ensures that we uphold the promise of President Trump 
and House Republicans' MISSION Act to ensure that veterans 
receive care they deserve. We drafted this legislation 
following two reports of VA bureaucrats during the Biden-Harris 
administration who were actively working to keep veterans' 
healthcare in-house. That is unacceptable. I have said it 
before, I will say it again, the MISSION Act is not optional. 
It is the law. My bill makes this message perfectly clear.
    I am looking forward to a thoughtful discussion on the 
legislation before us today so that we can make a meaningful 
impact for veterans this Congress.
    I now yield to Ranking Member Takano for his opening 
remarks.

        OPENING STATEMENT OF MARK TAKANO, RANKING MEMBER

    Mr. Takano. Well, thank you, Mr. Chairman.
    In the audience and watching the livestream today, we are 
joined by former VA employees who were illegally and suddenly 
terminated by President Trump since he took office on January 
20th. These are Americans, many of them veterans and military 
spouses, who are now unemployed and I want to tell a few of 
their stories.
    An operations manager in Veterans Benefits Administration 
(VBA) who served 9 years in the Air Force before continuing his 
service at VA, he is 100 percent service-connected. All of his 
performance evaluations were Outstanding or Fully Successful. 
Now jobless, thanks to Trump.
    An Information Technology (IT) specialist in VA's financial 
technology services, she is a veteran spouse and her 
performance was outstanding. She told us her family depends on 
her income. They are now left scrambling to figure out how to 
pay their bills and what they are going to do for health 
insurance, thanks to Trump.
    An appellate attorney in the Office of General Counsel, he 
is 100 percent service-connected disabled veteran with two 
Bronze Stars who served on four combat deployments. He had 9 
days until the end of his probationary period. Fired by 
President Trump.
    A training specialist for the Warriors to Workforce 
Program, nearly 8 years of service in the Navy. He had moved 
his family from Colorado to Maryland just to work at VA. He is 
his family's breadwinner. Now jobless, thanks to Trump.
    These are just a few of the many responses committee 
Democrats have received from VA employees, veterans, and 
military spouses. We are gathering information about these 
reckless firings as a part of our oversight responsibilities. 
It is absolutely heartbreaking, heartbreaking, to hear from 
these Americans who were victims of the illegal Department of 
Government Efficiency (DOGE) purge.
    We are in the midst of a constitutional crisis unlike any 
America has ever faced. Our democracy hangs in the balance. The 
guardrails that check and balance our system of governance are 
rapidly weakening. Our institutions are literally being 
dismantled. Presidents Musk and Trump continue their blatantly 
illegal and unconstitutional rampage, which is premised on the 
belief that we will not notice and that my Republican 
colleagues continue to ignore, that we will not care as we see 
neighbors and friends harmed by these actions.
    We cannot pretend that this is normal or right. This is not 
government efficiency. This is not fixing the bureaucracy. It 
is destruction.
    Now, my colleagues across the aisle accuse us of partisan 
fearmongering and hysteria as they yell and feign outrage. I am 
sure they will continue to do so today because they do not want 
the public to learn the truth: that the illegal and 
unconstitutional actions taken by Musk and Trump are directly 
harming veterans and their families. Veterans are already 
suffering under this regime and anyone who denies that is not 
telling the truth.
    The outrage should be directed at this, at what is really 
happening. Many of those VA employees who lost their jobs since 
January 20th were HR professionals. Their terminations, along 
with a rumored lockout from HR software and USAJobs, are 
already directly impacting VA's ability to onboard mission-
critical positions, like physicians, nurses, and disability 
claim raters.
    We have also heard that DOGE canceled a contract that 
Veterans Health Administration (VHA) uses to recruit healthcare 
providers. Without the ability to recruit doctors, VA cannot 
sustain a stable healthcare workforce to meet the needs of 
veterans.
    We have talked to veterans whose access to healthcare has 
been directly impacted by employee terminations. We know new 
clinics that would increase access to care cannot open due to 
staffing shortages. This is the truth and it is our 
responsibility as Members of Congress to tell these stories and 
to demand transparency from VA.
    Now, I am appalled that we are even here today considering 
the Restore VA Accountability Act. This bill makes absolutely 
no sense. If we open our eyes to what is happening at VA with 
the ongoing purge of employees based on lies, why would we even 
think about giving VA more authority to fire employees when 
they are haphazardly and illegally terminating employees as we 
speak?
    Last week, the Office of Inspector General released a 
report that revealed UnitedHealth Group and TriWest Healthcare 
profited and pocketed nearly 1 billion taxpayer dollars in 
overpayments from VA through the Community Care program that 
these two third-party administrators have decided they just do 
not want to pay back. Why are we considering a bill that would 
further enrich UnitedHealth Care Group and TriWest Healthcare 
when they are caught up in a legal dispute with VA over the 
money that they owe back to the government?
    Now, I want to share one final story from a terminated VA 
employee. She is a service-connected disabled veteran of the 
Marine Corps, a military spouse of 23 years, and a Federal 
employee for the last 7, with outstanding performance reviews. 
She is now facing immense emotional and financial distress. She 
writes, ``I have given my life to serving this country. Now I 
ask my country to stand by me.''
    With that, I yield back, Mr. Chairman.
    The Chairman. I thank the ranking member.
    You know, I have said it once and I will say it again, you 
know, I trust Secretary Collins is doing the right thing for 
veterans and taxpayers to effectively right size and recognize 
VA to work better for the men and women it serves. One, because 
he is a veteran himself. Two, because he knows the mission that 
he is serving and the veterans that he is serving.
    I believe my colleagues on the other side of the aisle have 
lost sight of VA's mission. As chairman and as a veteran 
myself, my mission is the same: veterans are my number one 
priority, not protecting bureaucracy. We would be lying if we 
said that everything at the VA is perfect and that there are 
not any improvements to be made to make an agency work better. 
That includes the workforce. I take Secretary Collins at his 
word when he says there will be no impact to the delivery of 
care benefits and services for veterans with this plan.
    My colleagues on the other side of the aisle continue to 
spread false information about what is happening to scare and 
use veterans because they have no real plan for the American 
people. The fearmongering needs to stop. I think it is amazing 
that now here we are with the decisions we are trying to make 
to make it better, that during the last administration we had a 
time when our oversight discovered that we had one VA that ran 
a sex room in their VA and we did not fire the employees that 
actually were involved with it. Now we are saying, oh, no, no, 
we cannot do that. We had administrators that where we were 
supposed to be giving bonuses to the frontline workers, the 
docs, the frontline workers, the nurses, and instead they gave 
it to the--they gave that, but they also gave a 20 percent 
bonuses at times to those administrators right here in DC that 
get paid a whole lot more than those docs and nurses. Yet 
nobody said anything.
    Now here we are. We are watching them reduce a staff 
situation and, you know what, if you are the person that were 
mentioned, you know, I am empathetic with that. The concerns 
that you have, reach out to your Congressman or reach out to 
our office and say, okay, here is what my job was. We will try 
to work through that. Let me tell you that just turnover itself 
reduces our staffing by that much about once a month.
    Understand this. The amount of numbers that are being put 
out there are less than 1 percent. Less than 1 percent to help 
to try to straighten out a bureaucracy that is running wild. If 
we can take those dollars and shift them over to try to reduce 
one more suicide from happening, to provide better quality care 
in those programs that actually are working, how do you tell 
that to the taxpayers? How do you tell that to the taxpayers?
    VA has reduced its workforce by less than 1 percent, as I 
just said. All of these employees were in their probationary 
period and have an appeals process. If they believe that it was 
not done properly, there is a process by which you can appeal.
    I will also say that VA has a record hiring surge last 
year. The former administration acknowledges many times over 
that they over-hired and were hoping to manage the problem 
through employee turnover. That was not done. We are in this 
position because the Biden-Harris administration could not 
manage their budget and irresponsibly over-hired employees.
    Now, my colleagues, they go on and leave out details in the 
midst of their rallies and press conferences and fearmongering. 
They do not mention the fact that that is the case, that we 
over-hired. We have heard this song and dance before and I hope 
my colleagues on the other side of the aisle will stop using 
veterans and their families for political posturing. As I said 
before, I trust Secretary Collins, President Trump are doing 
the right thing for millions of veterans at the VA. As long as 
I am chairman, I will continue to focus on the results from 
those men and women.
    With that, let us get back to the business at hand. I would 
this time would now like to recognize Representative Ramirez to 
testify about her legislation that we are discussing here 
today.

                   STATEMENT OF DELIA RAMIREZ

    Ms. Ramirez. Thank you, Chairman. I appreciate that.
    Earlier today I had an opportunity to be in our joint 
hearing and hear from many veteran service organizations on the 
incredible work that they are doing and also on the request 
that they have for us to make sure that we are protecting all 
of the veteran benefits that we all say we care so deeply 
about. I am grateful to be here with you now to talk about an 
important bill that I introduced last Congress.
    As someone that gets to represent 20,727 diverse veterans, 
I take this job very seriously. It is why I continue to be part 
of this committee in my second term in Congress. It is an honor 
of my life to represent Illinois' Third congressional District, 
advancing policies that improve the lives of my constituents, 
ensuring that every single veteran has access to the benefits 
that they have earned and that we have promised them. Access to 
affordable quality education is one of those benefits. The GI 
Bill is a critically important policy that makes educational 
opportunities affordable and accessible to veterans.
    We know veterans are diverse. I mean, we were just talking 
about that in a committee a couple weeks ago. When we talk 
about veterans, we are not just talking about veterans because 
of race, but we are talking about women, we are talking about 
first generation veterans, we are talking about low-income 
veterans, we are talking about people of color, we are talking 
about LGBTQI veterans, and deported veterans. Yes, because 
there are veterans that go fight for our country and because of 
trauma, Post-Traumatic Stress Disorder (PTSD), come back to the 
country that they love and then they find themselves in a 
difficult situation that gets them deported. We are talking 
about every single veteran, including them.
    As a result of the diversity, they have diverse interests 
and diverse educational needs. Ensuring that they have the 
ability to choose a school that best meets their need while 
being confident that regardless of their choice, they receive a 
high-quality education is one of my top priorities. However, in 
recent years, student veterans have been targeted by bad actors 
seeking to enrich themselves by exploiting veterans' GI 
benefits. Those actors have reduced those who have served our 
Nation to a tuition payment and exploited them to gain access 
to dependable Federal disbursement. Folks, that is 
unacceptable.
    When a student veteran is defrauded by a bad faith actor, 
it is only right, only just that the veteran have recourse or a 
way for them to get their benefits back. No student veteran 
should have to give up or defer their dreams of an education 
because of fraud. That is why I am so proud to say that the 
very first bill I ever introduced as a Member of Congress was 
the Student Veteran Benefit Restoration Act, which would begin 
the process of restoring GI Bill education benefits for student 
veterans who have been defrauded by an educational institution. 
The bill last Congress passed the House with bipartisan 
support, 406 votes in favor.
    We also know that the bill moved us just a step closer to 
having a comparable restoration process to those that govern 
the Federal benefits of non-veteran students. That is why I am 
so proud to reintroduce my bill again this Congress. The 
Student Veteran Benefit Restoration Act of 2025 is stronger and 
offers our student veterans more comprehensive protections. The 
bill introduced this Congress, my first of the 119th, offers 
student veterans who have been defrauded by predatory 
institutions the following protections. It includes mandatory 
restoration, which means benefits could be automatically 
restored in cases of fraud, loss of approval, or even legal 
action. The bill also expands the fraud scope, which means my 
bill would include court rulings and DOJ closures in addition 
to VA investigations for restoration. The bill also provides a 
separate appeals process created for schools who want to 
challenge the repayment determinations. It includes an explicit 
fraud definition. It defines fraud as including false, 
misleading, and deceptive acts.
    We have more work to do to protect our veterans from bad 
faith actors and make certain that they have every single 
opportunity to live a meaningful, thriving, and joyful life 
post service. This bill gets us closer to that.
    Thank you to all of my colleagues in this committee, to the 
ranking member, to the chairman for your support last Congress. 
I look forward to getting this bill passed this Congress out of 
the House, then the Senate, and signed to law. I look forward 
to working with every one of you to make that happen.
    Thank you, Chairman. I yield back.
    The Chairman. I also look forward to it passing as well.
    I would like at this time to welcome our first panel. If 
everyone would please come to the front. Testifying before us 
today, we have Ms. Beth Murphy, acting principal deputy 
undersecretary for benefits at the Veterans Benefit 
Administration for the U.S. Department of Affairs. She is 
accompanied by Ms. Tracey Therit, is that correct? Chief human 
capital officer at the Office of Human Resources and 
Administration/Operations, Security, and Preparedness for the 
Department of Veterans Affairs. Does that fit on a business 
card? That is pretty long. Dr. Sachin Yende, chief medical 
officer in integrated veterans care at the Veterans Health 
Administration at the Department Veterans Affairs.
    I ask the witnesses to please stand and raise their right 
hands.
    [Witnesses sworn.]
    The Chairman. Thank you. Let the record reflect that the 
witnesses have answered in the affirmative.
    Ms. Murphy. Hi. I now recognize you for 5 minutes for your 
testimony.

                    STATEMENT OF BETH MURPHY

    Ms. Murphy. Good afternoon, Chairman Bost, Ranking Member 
Takano, and members of the committee. Thank you for the 
invitation to present our views on pending legislation that 
would affect Department of Veterans Affairs' programs and 
services. Accompanying me today is Ms. Tracey Therit, chief 
human capital officer, Office of Human Resources and 
Administration/Operations, Security, and Preparedness; Dr. 
Sachin Yende, chief medical officer for VHA's Integrated 
Veterans Care.
    VA offers support for much of the proposed legislation 
before us today. First, VA supports H.R. 1391, the Student 
Veterans Benefit Restoration Act, which would restore VA 
education benefits for veterans affected by deceptive 
educational institution practices. VA believes the institution, 
not the students, should repay all covered assistance, 
including payments directly to students. To ensure this, VA 
recommends amending the bill to require institutions to 
reimburse both direct student payments and tuition funds 
received from VA, preventing veterans from bearing the burden 
of repayment.
    VA also supports H.R. 1041, the 2d Amendment Protection 
Act, and the unnamed Second Amendment bill, but also notes 
risks with both aspects of the bills. VA has continuously 
complied with all legal reporting requirements to the 
Department of Justice for recording individuals on the National 
Instant Criminal Background Check System, or NICS. When VA 
determines a veteran unable to manage their affairs, H.R. 1041 
would require an evaluative consideration in addition to a VA 
incompetency decision to determine whether the veteran's mental 
capacity warrants NICS reporting.
    Additionally, VA notes that H.R. 1041 would neither remove 
nor amend DOJ's policies and procedures when enforcing the 
Brady Handgun Violence Protection Act. DOJ defines mental 
defective as any individual who lacks the mental capacity to 
contract or manage their own affairs. To avoid putting the 
veteran at risk of facing criminal liability when purchasing a 
firearm, VA recommends including legislative language that 
would clearly exempt an individual deemed incompetent for 
purposes of the VA fiduciary program from being considered a 
mental defective as defined by DOJ. However, I want to make it 
clear, Mr. Chairman, that, if passed, VA will continue to 
comply with Federal law and implement both bills as written.
    VA does wish to note that we continue to take veterans' 
suicide prevention extremely seriously. One example of our 
efforts is that, effective February 14, 2025, VA, in 
collaboration with Veterans Health Administration, requires the 
distribution of two new fact sheets on gun safety storage and 
suicide awareness to prospective fiduciaries during the 
appointment process, reinforcing VA's commitment to veteran 
safety.
    VA also supports H.R. 4472, the Restore Accountability Act 
of 2025, with amendments, to strengthen its disciplinary 
authorities. Legal challenges to the VA Accountability Act have 
weakened its distinction with existing laws, prompting VA to 
advocate for modifications to 38 U.S. Code Sections 712, 713, 
and 714 to enhance accountability, reduce litigation risk, and 
ensure disciplinary actions stand. VA welcomes the opportunity 
to engage in technical assistance to address these issues. VA 
will continue to take disciplinary action under applicable 
existing authorities, providing certainty and minimizing legal 
risk to VA while working with Congress to address the legal 
risks identified in the draft bill.
    Finally, VA strongly supports the intent of H.R. 740, the 
Veterans' ACCESS Act of 2025, proposed by Chairman Bost, which 
directly aligns with Secretary Collins' focus on providing 
timely care for eligible veterans. The bill would codify VA's 
access standards, strengthen referral processes, and expand 
options for mental health residential rehab care. It also 
establishes a standardized screening process for residential 
mental healthcare and requires real-time wait times tracking 
across facilities. VA is steadfast in its commitment to 
refining processes, strengthening provider networks, and 
working with Congress to ensure timely care for veterans. We 
appreciate the committee's leadership and look forward to 
advancing these and similar solutions that prioritize veterans.
    Mr. Chairman, that concludes my statement. Thank you again 
for the opportunity to discuss this important legislation to 
improve benefits and services for veterans, servicemembers, and 
their families. My colleagues and I would be glad to answer any 
questions you or the other members of the committee may have.

    [The Prepared Statement Of Beth Murphy Appears In The 
Appendix]

    The Chairman. Thank you, Ms. Murphy. We appreciate your 
testimony.
    We are going to go to questions.
    Ms. Murphy, and I only need a yes or no answer, other 
versions of the Discussion Draft on the bill requiring us to no 
longer return to NICS's list for those who are seeking a 
fiduciary, other drafts would for the VA notification would 
notify the Attorney General that all VA prior reports of the 
veteran to the NICS list was ``improper.'' Do these other bills 
put Trump administration and VA at risk of being sued, 
including for possible reparations?
    Ms. Murphy. Yes, sir.
    The Chairman. Okay. Okay. I also need a yes or no answer. 
Once the Consolidation Appropriations Act of 2024 and the 
subsequential Continuing Resolutions expire, will VA resume 
reporting VA with fiduciary to NICS unless Congress passes the 
permanent solution?
    Ms. Murphy. We would follow the law that was applicable. If 
it expired, yes, we would follow the law in effect at the time.
    The Chairman. Ms. Therit, why are the authorities in the 
Accountability Act necessary for VA to be able to hold its 
employees accountable?
    Ms. Therit. Chairman Bost, the authorities in the Restore 
Accountability Act will help us to hold our employees to a 
higher performance standard as well as a higher standard of 
conduct, and that is good for serving veterans.
    The Chairman. Dr. Yende, what are VA's current policies 
when veterans are seeking administration to residential 
rehabilitation treatment programs (RRTP)?
    Dr. Yende. Chairman Bost, the current policy is if a 
veteran needs priority care, that should be provided within 72 
hours. If it is a non-priority care for RRTP programs, it 
should be provided within 30 days.
    The Chairman. Can you tell me how you think that my bill, 
Veterans' ACCESS Act, would improve access for veterans seeking 
substance abuse treatment?
    Dr. Yende. Chairman Bost, we are supportive of this 
legislation. We already are making some changes in our policies 
and procedures. We do require some minor tweaks where we would 
change the priority admission threshold from 72 hours to 48 
hours and the 30-day threshold to 20 days.
    Additionally, there will be a requirement for screening. We 
have already started working on those screening measures by 
standardizing our screening procedures at the Veterans 
Integrated Services Network (VISN) level. I think what is in 
the ACCESS Act, we have already started taking some steps 
toward that direction and we believe it will help in providing 
timely access to our vets.
    The Chairman. Thank you. Ms. Murphy, once again, yes or no 
answer. Do you believe that every veteran with a fiduciary is 
automatically a danger to themselves and others?
    Ms. Murphy. I am not able to answer that----
    The Chairman. Wait, wait, wait. You are not able to answer 
whether you believe if a fiduciary is provided for a veteran, 
whether they are automatically a danger to themselves or 
others?
    Ms. Murphy. If a fiduciary is provided, that fiduciary 
takes care of their VA funds.
    The Chairman. Their financial needs.
    Ms. Murphy. Their financial needs. If you are using the 
word ``automatically,'' then I would say no.
    The Chairman. Okay. Dr. Yende, over the last month, this 
committee has conducted several oversight hearings focused on 
community care. Our witnesses have included VA program 
administrators and providers, but, most importantly, veterans. 
Under Secretary Collins, how is VA planning to ensure veterans 
can get the care, including community care, that they have 
earned?
    Dr. Yende. Chairman Bost, we believe community care is VA 
care, and we would make sure that when a veteran is eligible 
and desires community care, our veterans should be provided 
access to community care. We are working, as Secretary Collins 
has said, in making sure that veterans have earned the access 
to community care and will take the steps to make sure that 
happens.
    The Chairman. Thank you. Ms. Murphy, I have one more 
question, and I know that you are probably not going to answer, 
but I am going to put it on the record anyway. Do you believe 
that it is right for those people who have fought and died, 
many of them physically disabled for life in many ways, that 
seek care from the VA should have every due process under the 
law that someone who has not receives?
    Ms. Murphy. I believe that we, as part of our VA 
responsibilities, have to administer all the due process that 
is required.
    The Chairman. Okay. Maybe I should ask this. You believe--I 
apologize.
    Ms. Murphy. It is all right, sir.
    The Chairman. By golly, I normally have to stand up in a 
position of attention for that.
    Ms. Murphy. Sounds inspirational, for sure.
    The Chairman. Let me ask this. Do you believe that the VA 
has the authority to give due process?
    Ms. Murphy. Regarding VA benefits and services, yes.
    The Chairman. Regarding their constitutional rights?
    Ms. Murphy. We, as part of our due process, provide 
information, in this case regarding the Brady Bill, information 
that would be helpful to the potential beneficiary, the 
potential individual covered by the fiduciary program, so they 
are aware of the rights. We provide information.
    The Chairman. Well, first off, let me say that I believe 
that every other person in this United States besides veterans 
has the right to go before a judge to make that decision to 
offer them due process. That is why I carry this bill and why 
we are going to push hard to make sure that bill passed.
    With that, my time has expired and I yield to the ranking 
member for his questions. Thank you.
    Mr. Takano. Thank you, Mr. Chairman.
    Ms. Therit, your title at VA is chief human capital 
officer. Is that correct?
    Ms. Therit. That is correct, Ranking Member Takano.
    Mr. Takano. Thank you. Can you tell me how many VA 
employees have been terminated since January 20, 2025?
    Ms. Therit. Approximately 1,400 employees have been 
terminated during their probationary period.
    Mr. Takano. Can you speak up? I cannot hear you too well.
    Ms. Therit. Sorry. Ranking Member Takano, approximately 
1,400 employees have been terminated during their probationary 
period.
    Mr. Takano. Thank you for that. Who in your chain of 
command ordered you to carry out these terminations?
    Ms. Therit. Ranking Member Takano, I am happy to take 
questions about the termination of employees during their 
probationary period for the record. Today my focus is on the 
legislation, the Restore Accountability Act.
    Mr. Takano. Well, madam, please stop. The Restore VA 
Accountability Act changes the authorities VA has to terminate 
employees, right?
    Ms. Therit. The Restore Accountability Act----
    Mr. Takano. Just to answer my question. The Restore VA 
Accountability Act changes the authorities VA has to terminate 
employees, right?
    Ms. Therit. Ranking Member Takano----
    Mr. Takano. I am establishing the germaneness of my 
questions to you----
    Ms. Therit. I understand.
    Mr. Takano [continuing]. so please answer my questions. Who 
in the chain of your command ordered you to carry out these 
terminations?
    Ms. Therit. I used the authorities within the Code of 
Federal Regulations.
    Mr. Takano. Nobody ordered you to carry out these 
determinations. You did it on your own?
    Ms. Therit. There was direction from the U.S. Office of 
Personnel Management (OPM).
    Mr. Takano. There was a direction from OPM, instructed you? 
Who in that office instructed you?
    Ms. Therit. Sir, I am happy to take these questions----
    Mr. Takano. You are refusing to answer the question. Were 
leaders in the VA offices that these employees worked in 
notified prior or even after their termination?
    Ms. Therit. Sir, I am happy to take questions----
    Mr. Takano. You are nonresponsive. Many VA program officers 
still do not know who from their ranks were terminated. Was the 
decision to terminate these employees made outside of VA?
    Ms. Therit. Ranking Member Takano, I am happy to answer the 
questions for the record.
    Mr. Takano. For the record. You will answer it later? Is 
what you are telling me?
    Ms. Therit. I will, sir.
    Mr. Takano. Thank you. How many VA employees did you 
terminate on the night of February 13, 2025?
    Ms. Therit. Ranking Member Takano, as I mentioned, 
approximately 1,400 employees have been terminated during their 
probationary period.
    Mr. Takano. Okay. You cannot tell me on February 13, 2025?
    Ms. Therit. I will provide that information for the record.
    Mr. Takano. Thank you. How many VA employees did you 
terminate yesterday?
    Ms. Therit. Ranking Member Takano, approximately 1,400 
employees were terminated during their probationary period. I 
can provide the information requested for the record.
    Mr. Takano. Okay. Thank you. I have a poster that shows the 
memo that you wrote and sent to the employees that were 
terminated. Did you write and sign this memo?
    Ms. Therit. Ranking Member Takano, that is my signature on 
that letter.
    Mr. Takano. You wrote and signed the memo?
    Ms. Therit. It is my signature on the letter.
    Mr. Takano. Did you write the memo?
    Ms. Therit. The memo was provided.
    Mr. Takano. You did not write it. It was provided to you by 
someone else?
    Ms. Therit. The memo was provided for----
    Mr. Takano. You are not going to tell me who provided you 
with the memo?
    Ms. Therit. Ranking Member Takano, I am happy----
    Mr. Takano. Your name is on the memo.
    Ms. Therit. I am happy to take questions----
    Mr. Takano. Did you personally determine and verify which 
probationary employees to terminate?
    Ms. Therit. Ranking Member Takano, I am happy to take that 
question for the record.
    Mr. Takano. Okay. Right here, you wrote that based on this 
employee's termination--that you based this employee's 
termination on their performance. Did you verify that each 
terminated employee had been evaluated for their performance?
    Ms. Therit. Ranking Member Takano, I will answer your 
questions for the record.
    Mr. Takano. Did every probationary employee who was 
terminated have performance issues?
    Ms. Therit. Ranking Member Takano, I am happy to answer 
your question----
    Mr. Takano. You cannot answer that question, though you 
sent this memo out and it resulted in their termination?
    Ms. Therit. At today's hearing, I am prepared to talk about 
the Restore Accountability Act.
    Mr. Takano. Okay. Ms. Therit, my staff has now heard from 
many of the people who were fired, and we know that many had 
stellar performance records, which directly contradicts the 
memo you sent out. Did you do your due diligence before you 
sent this memo out and assure yourself that everything in this 
memo was true?
    Ms. Therit. Ranking Member Takano, I am happy to take your 
questions for the record.
    Mr. Takano. You just sent this memo out and whether or not 
you are going to fire an employee based on their performance, 
but you did not do the due diligence yourself to make sure that 
this memo was true?
    Ms. Therit. I am happy to take the question and provide 
that information for the record.
    Mr. Takano. The answer is no. It is not just that you are 
happy to take my question. The acting U.S. attorney in New York 
decided that she would resign before engaging in a quid pro quo 
that violated the oath she took. Did you take an oath to do the 
job you are doing now?
    Ms. Therit. Ranking Member Takano, every Federal employee 
has an oath----
    Mr. Takano. Okay, thank you. Yes. The answer is yes. Do you 
believe that terminating these employees and lying about the 
reason why was a violation of that oath?
    Ms. Therit. Ranking Member Takano, I am supporting the 
decision that was made.
    Mr. Takano. You supported the decision and you sent out 
memos without knowing whether or not their performance actually 
justified their termination?
    Ms. Therit. Ranking Member Takano I am happy to answer 
questions----
    Mr. Takano. Madam, at what point would you resign rather 
than follow an instruction from a superior?
    Ms. Therit. Ranking Member Takano----
    Mr. Takano. Does not that weigh on your conscience that 
somebody's livelihood was terminated and you did not do the due 
diligence to find out whether this memo was, in fact, true?
    Ms. Therit. Ranking Member Takano, if any employee is 
concerned----
    Mr. Takano. Just look at the veterans that are sitting 
behind you, ma'am. You fired these people.
    The Chairman. The gentleman's time has expired.
    Representative King-Hinds, you are recognized for 5 
minutes.
    Ms. King-Hinds. Whew. We got 99 problems in the Veterans 
Administration. You know, I am a new member and I have seen 
multiple reports, both from the Government Accountability 
Office (GAO) and the Inspector General (IG), laying out what 
the issues are and all this work that needs to be done with 
regards to providing the access to the care that veterans 
rightfully deserve. I want to reshift our focus to the policy 
at hand. For me, my district, the issue is access. The manner 
in which we have been having the conversation with regards to 
access is a one or the other proposition, right? Whether we 
should just put all the money with regards to the VA or expand 
to community care services.
    I am looking for a win-win. How do we--and I do not think, 
right, when you are looking at communities like mine where 
access is an issue, you cannot just get in a car and drive. You 
know, this is an issue for rural communities as well. How do we 
balance and optimize basically having those two complement each 
other so that we ensure that veterans who live in remote rural 
areas actually have access?
    Dr. Yende. Thank you for the question. Dr. Braverman and I 
testified a couple of weeks ago. We completely understand that 
in places like the Pacific Islands and Alaska, we will have to 
come up with some innovative solutions given challenges with 
access in those areas. We actually worked recently with VISN 21 
that covers your area, put together a brief report outlining 
access both through VA direct care system as well as the 
community care system. As Mr. McIntyre from TriWest testified, 
we are also working with our third-party administrators.
    I will make sure we will provide you that summary. I think 
it is already on its way, but I will personally make sure we 
provide you with a detailed summary of how we can ensure access 
in your area.
    Ms. King-Hinds. I would appreciate that because some of the 
conversations that we are having seems or sounds like a first 
world problem to me when the issue really is just can we get 
some service? Looking forward to that report. Thank you very 
much.
    I yield my time. Thanks.
    The Chairman. Representative Budzinski, you are recognized.
    Ms. Budzinski. Thank you, Chairman Bost and Ranking Member 
Takano, for this hearing, and thank you to the witnesses for 
your time.
    I have strong concerns about several of the bills up for 
consideration today, but most notably H.R. 472, the Restore VA 
Accountability Act. We have seen, as Ranking Member Takano 
discussed, the mass firings across the Federal Government, but 
specifically those 1,400 VA staff that were fired just last 
night. That is a total of actually at least 2,400 employees let 
go at the VA headquarters. That is not accounting for those who 
have taken the so-called Fork in the Road leave package.
    I want to note I have the privilege of serving as a ranking 
member on the Subcommittee on Tech Modernization. We held our 
first hearing yesterday regarding the ongoing rollout of the 
electronic health record system. At a time when we need to be 
recruiting and retaining staff for major projects, like 
Electronic Health Record Modernization (EHRM) that has really 
struggled to catch fire and get off the ground, it troubles me 
that as a part of that hearing it was acknowledged that some of 
these firings were actually within the EHRM program, creating 
potentially further struggles for the program being further 
short-staffed.
    I want to point out that veterans make up approximately 30 
percent of the Federal workforce. Not only is this 
administration firing thousands of employees who provide 
crucial service to our vets, they are also firing thousands of 
veteran employees themselves. I have also heard directly from 
veteran employees in my district who were unjustifiably 
terminated. I believe in staff accountability, especially when 
it comes to those providing services for our veterans, but it 
must be done in a just and fair manner. VA officials themselves 
have communicated to the committee that they do not need 
additional authorities to hold employees accountable.
    When the Restore VA Accountability Act was considered by 
this committee last Congress, I offered an amendment that would 
have stricken provisions of this bill that explicitly 
superseded collective bargaining agreements made with VA 
employee unions with respect to disciplinary procedures. I 
noted at the time that more than 79 percent of VA's workforce 
are bargaining unit employees. Procedures outlined in VA's 
collective bargaining agreements have been agreed upon after 
extensive negotiations between unions and management to enact 
legislation that would simply throw out these contracts out the 
window, I think is cruel and unfair, given that the parties 
negotiated these agreements under the law at the time.
    When Congress passes new laws, it is customary for labor 
and management to return to the bargaining table to incorporate 
those new laws into VA's collective bargaining agreements, not 
for Congress to unilaterally deny the workforce that right. 
Specifying in this bill that any collective bargaining 
agreements must be superseded is anti-union and anti-worker, 
and it is just that simple.
    My question is, Ms. Therit, my question for you is that if 
instead of tossing out collective bargaining agreements and 
beyond any mass firings of the VA workers, would it not be more 
efficient and cost-effective to simply improve training for HR 
employees and frontline supervisors on how to properly and 
effectively discipline employees under Title V, and especially 
when compared to attempting to pass a law that has proved 
unconstitutional in the past and will almost certainly be 
litigated?
    Ms. Therit. We have recognized that the Restore 
Accountability would require some modifications and some 
rigorous technical review working with the committee. I think 
two things that we have been steadfast in is that we are always 
looking to improve, whether it is improving the training, 
whether it is improving the processes, whether it is improving 
the timelines that we have to propose, decide, and finalize an 
action. The bill offers a lot of those opportunities for us to 
improve our accountability when it comes to performance and 
conduct.
    The other component is that we want to make sure that any 
actions that we take are legally defensible. We do not want to 
have to reinstate employees. We do not want to have to reverse 
actions that we have taken. The sections that you reference 
with respect to collective bargaining, with respect to 
opportunities to improve, in our views on the bill, we do look 
forward to working with the committee to make sure the language 
in those sections is sufficient enough for us to be able to 
learn from some of the challenges that we have had in the past 
and still be able to hold our employees to high levels of 
performance and conduct. Whether it is in the investigative 
process, in the training process, in the execution of these 
authorities that we are able to do what the committee expects 
of us, which is to hold our employees to a high standard and 
keep the veteran at the center of all that we do.
    Ms. Budzinski. There is an acknowledgement that there are 
some issues specifically around collective bargaining that have 
to be addressed, that this legislation is not superseding 
collective bargaining agreements?
    Ms. Therit. Ma'am, Representative Budzinski, we do have, in 
our views, some recommendations for rigorous technical 
assistance with the committee on those sections. The one thing 
that we want to do is learn from the past where we implemented 
without bargaining, and understand what our obligations are, so 
that we meet those obligations and that we use the authority to 
its fullest extent possible.
    Ms. Budzinski. I yield back. Thank you.
    The Chairman. Representative Barrett.
    Mr. Barrett. Thank you, Mr. Chairman.
    Thank you for being here today. I want to follow-up on a 
few of Ms. Budzinski's questions because we are genuinely 
looking at this electronic health record issue.
    First, I wanted to ask Ms. Murphy, and the chairman was 
kind of getting at this point earlier, but is it true that a 
veteran who has their Second Amendment rights revoked through 
that process, their only opportunity to appeal, that is after 
they have already appeared on the list, basically prohibiting 
them from owning a firearm? Is that correct?
    Ms. Murphy. VA, previous to the Consolidated Appropriations 
Act last year, was reporting to NICS. Now we have only reported 
to NICS when there is a court order finding that meets the 
requirements. As far as the--sir, I have lost track of your 
question. Could you help me out?
    Mr. Barrett. Yes. Basically, their only opportunity to 
appeal be after NICS has already been----
    Ms. Murphy. We report as required in the cases. Once they 
are on the NICS list, there is an appeal process. There is a--
--
    Mr. Barrett. There is no----
    Ms. Murphy. There is a----
    Mr. Barrett. There is no opportunity or no notification 
given to a veteran before they would appear on NICS, basically 
to discourage that from going forward.
    Ms. Murphy. From our side, from the VA side, we would 
provide them information. We make two attempts at phone calls 
during our due process for the fiduciary program purpose, to 
explain what the Brady Act is, what the ramifications would be, 
just so that they are aware. I believe that--so once they are 
on the NICS list, they could ask for a reconsideration.
    Mr. Barrett. Just of that particular provision. It is 
different than what a civilian would encounter in a similar 
situation.
    Ms. Murphy. That is my understanding.
    Mr. Barrett. Okay, thank you. Then, Ms. Therit, can you 
give us a few examples in your experience of just misconduct 
that you have been made aware of that led to an investigation, 
that led to a termination, and others that led to an 
investigation that did not lead to a termination for an 
employee?
    Ms. Therit. Representative, we have varying examples.
    Mr. Barrett. Right.
    Ms. Therit. We take about 5,000 adverse actions a year to 
remove, to suspend, or to demote employees. I know our Office 
of Accountability and Whistleblower Protection has testified on 
some of the investigations that they have done of senior 
leaders and the outcomes that have been implemented regarding 
termination of those senior leaders. I am aware of situations 
that have led to an investigation which was recommended, a 
termination, and that termination was taken. We have also had 
situations where employees have retired or resigned before that 
action could be taken.
    Mr. Barrett. Okay.
    Ms. Therit. I know I have recommended that we look at 
strengthening some of those procedures so individuals are not 
walking out the door with adverse actions and no action taken 
to hold them accountable.
    Mr. Barrett. If a person resigns prior to a finding, does 
that carry forward with them to another Federal agency or 
another Federal job that they may be applying for?
    Ms. Therit. There are limitations in the current 
legislation. For instance, it does not cover senior executives, 
it does not cover individuals who retire, and the circumstances 
under which a personnel record can be annotated. If somebody 
goes to another Federal agency, that adverse action or that 
misconduct is seen by the current employer does not always 
happen in every single case.
    Mr. Barrett. Okay.
    Ms. Therit. We, again, look forward to the committee to 
saying, what can we do to improve? What can we do to be the 
standard bearer when it comes to----
    Mr. Barrett. Right.
    Ms. Therit [continuing]. employee performance and 
accountability in the Federal Government?
    Mr. Barrett. Then how long, on average, does it take for an 
investigation for a serious case of misconduct, an allegation 
of that, how long would an investigation typically take?
    Ms. Therit. Average timeframes can vary depending on the 
allegations, depending on the number of witnesses who need to 
be contacted.
    Mr. Barrett. Can you give me a typical?
    Ms. Therit. I know the Office of Accountability and 
Whistleblower Protection maybe said 120 days on average in some 
cases.
    Mr. Barrett. Okay, 120 days.
    Ms. Therit. That means 4 months.
    Mr. Barrett. I am running short on time. Do you feel that 
there is a disincentive baked into that for managers within VA 
to go forward with that investigation if they feel that it 
takes too long, that the results will not actually be actioned, 
that a person will walk away and maybe take another job before 
they would be held accountable for something?
    Ms. Therit. Representative, I have heard of situations 
where managers feel that it is either not worth their time or 
they do not feel that they would be supported in going through 
the process and taking an action. We need to make sure that our 
managers are supported if they are doing the right thing and 
holding somebody who is not performing at the level expected or 
engaging in misconduct accountable.
    Mr. Barrett. Thank you. Thank you, Mr. Chairman.
    The Chairman. Representative Ramirez, you are recognized 
for 5 minutes.
    Ms. Ramirez. Thank you, Chairman.
    As the ranking member of Oversight Investigations for this 
committee, I take seriously my responsibility to carefully 
weigh the impacts of legislation we advance out of this 
committee. It is my priority to ensure that the bills we 
advance protect the VA programs and services that meet 
veterans' needs and improve the quality of their lives. 
However, I got to say, there are some that still insist that 
the mass firings that are happening are not impacting our 
veterans.
    Ms. Therit, let me ask you, did you do an analysis of how 
these reckless terminations would impact the agency's 
efficiency?
    Ms. Therit. Representative Ramirez, I mentioned in Ranking 
Member Takano's call that it is about 1,400 employees.
    Ms. Ramirez. No, no. I am asking, did you do an analysis 
before you went on to fire that many people?
    Ms. Therit. I mentioned to Ranking Member Takano that I 
would be happy to take these questions on the terminations 
during probation and provide answers.
    Ms. Ramirez. You are not responding about doing analysis. 
We do not know who in the VA did that analysis. We do not know 
who told you to prepare that memo. We do not know what went 
into any analysis if, in fact, there was an analysis, because 
we are saying that there is not going to be an impact on 
veterans. We are seeing mass firings happen. We do not know if 
you trusted that analysis because you are unable to disclose 
that.
    Let us say it for what it is. As far as right now, we as 
members of this committee and as the ranking member of 
Oversight and Investigations, I have no idea if you did your 
homework before firing thousands of veterans and VA employees 
to make sure veteran care and benefits would not be impacted. 
Let me just make sure I say that.
    Ms. Therit, less than 3 weeks ago, you testified before our 
subcommittee that under current law, the VA cannot discipline 
an employee if there is no evidence to support a punishment. In 
other words, the VA can only discipline an employee only if 
there is evidence of wrongdoing. Yet today, the VA supports the 
Restore VA Accountability Act, which limits the evidence the VA 
can consider when disciplining employees. By limiting the 
Douglas factors, which is an important criteria that agencies 
have to consider before any disciplinary action to ensure 
fairness in the process, are not we suggesting that the VA 
should consider some piece of evidence but not others? Is not 
that, in effect, just to pressing evidence?
    I mean, we are clear that there could be evidence that 
negates or mitigates a disciplinary action. Correct? The VA 
would not be able to consider that evidence? I do not 
understand how that is fair.
    Ms. Therit, let me ask, my question to you is, do you 
believe that limiting the Douglas factor is constitutional?
    Ms. Therit. Representative Ramirez, I want to make sure 
that the Restore Accountability Act----
    Ms. Ramirez. Hold on.
    Ms. Therit [continuing]. offers employees due process.
    Ms. Ramirez. Okay. Let me ask the question again because I 
think it is really important. I mean, our responsibility is to 
uphold the Constitution here. Let me ask you again. Do you 
believe limiting the Douglas factors is, in fact, 
constitutional? Yes or no?
    Ms. Therit. I believe employees are due--should have due 
process when they are held to a standard of performance in 
kind.
    Ms. Ramirez. You do not believe the Douglas factors is 
constitutional, or you do believe that they are constitutional? 
Yes or no?
    Ms. Therit. I believe there have to be factors, whether 
they were the Douglas factors or other factors, that are used 
in making those due process determinations.
    Ms. Ramirez. Ms. Therit, I am sitting here and I am 
watching people who have dedicated their life to protecting and 
to providing access to benefits and service to our veterans in 
tears. I am asking myself, how the heck am I in a room right 
now where the person that is responsible for emails cannot tell 
me who told you to write the email, cannot walk us through the 
process in which they determine if it is going to impact the 
ability for veterans to receive the benefits that they deserve? 
Here I am with no answers.
    I mean, you have to understand the frustration in the 
ranking member here because we are talking about 
accountability, but somehow there is no accountability in what 
you just did. That is why I have to tell you that it is 
incredibly important that on the record I state to you that 
what is happening in the VA is unacceptable and has real 
consequences to our veterans. If there was no real analysis 
done, if you are firing left and right during probation period, 
and if you have no way of determining why the employee was 
fired, then that tells me that there is no real due process. I 
cannot leave here without putting that on the record.
    Ms. Murphy, I want to go to you as I wrap up, and I just 
want to ask you a real quick question. Do you believe that 
without sufficient mechanisms in place that we are able to 
protect veterans?
    Ms. Murphy. Could you be more specific with the context for 
that, please?
    Ms. Ramirez. Yes. Well, I know that we are running out, so 
let me get back, if I can, the next round.
    Ms. Murphy. Certainly.
    Ms. Ramirez. Thank you.
    The Chairman. First off, I want to remind members that 
their questions should be directed to the topic of the hearing, 
which is the three pieces of legislation that we have before 
us. Five pieces of legislation we have before us. It has been a 
long day. So, with----
    Mr. Takano. Well, Mr. Chairman, I will just remind you 
that, you know, we are considering the VA Accountability Act, 
which does change the course----
    The Chairman. That is true.
    Mr. Takano [continuing]. of our questions.
    The Chairman. That is true. Some of the comments have went 
beyond what that language actually does. The questions went 
beyond what the Accountability Act actually does.
    Mr. Takano. Well, everything that I have heard today is 
very germane to accountability. What are the standards we are 
using to hire and fire people or how they can be----
    The Chairman. Not the actual language of the bill.
    Mr. Takano [continuing]. disciplined? Our questions are 
going to. You know, people are being fired and under 
disciplinary--you know, they were said that they are----
    The Chairman. Not under the bill that we are discussing.
    Mr. Takano. Well, the bill we are discussing----
    The Chairman. The bill that we are discussing does not deal 
with the situation that--and I gave you free rein to go ahead 
and have the communication and talk about it and I responded. 
We have to be focused on these bills that are before us today. 
That does not mean we will not have another time where we will 
talk and discuss that. As we go off away from what the actual 
language of the bill is, then it deters from the actual 
language of the bills that we are trying to deal with.
    Mr. Takano. Mr. Chairman, when will we have a hearing on 
this topic of all these dismissed veterans? When will you 
commit to do a hearing?
    The Chairman. We can discuss that at another time, but 
right now we have----
    Mr. Takano. Do you commit to doing a hearing on all these 
dismissals that contradict----
    The Chairman. You know, we have----
    Mr. Takano. The veterans----
    The Chairman.--actually had conversations in this room. We 
have had conversations in the other room in the full hearing on 
these issues. Now, my thought is, is that we need to get 
focused on the bills that are before us. You and I have had 
this. We have actually discussed it in two full--actually in a 
bicameral hearing and we have let that go. We need to actually 
get back to focusing on the bills that are before us so that we 
can have this hearing that we need to have.
    Mr. Takano. Well, that is fine. We have veterans who have 
been dismissed, who has----
    The Chairman. We have each----
    Mr. Takano [continuing]. glowing performance records and we 
ought to know why.
    The Chairman. Do you know why?
    Mr. Takano. I am asking you, will you commit to doing a 
hearing on that topic?
    The Chairman. I have answered that if they come to me, we 
can talk about that.
    Mr. Takano. Excuse me?
    The Chairman. If they come to me, we can talk about that. I 
said that to the hearing in there. I said that if the 
individual--there is a due process that they can go through.
    Mr. Takano. I would ask you, I think this merits a hearing. 
The American people are upset about these veterans who have 
been dismissed with glowing performance records. There seems to 
have been no performance--there has been no analysis on 
efficiency, on how this affects--there is no justification for 
why.
    The Chairman. Okay. Representative Hamadeh, you are 
recognized.
    Mr. Hamadeh. Thank you, Mr. Chairman.
    You know, as I sit here time and time again, I see my 
colleagues on the other side always seeming to protect the 
bureaucracy. I want to remind everybody that the VA employs 
over 400,000 employees. What we are talking about is 1,400. I 
mean, the 400,000 employees, that is bigger than the United 
States Navy. I know you all have a tough task ahead of you to 
make sure that the VA is actually working for the veteran.
    Going back to the topic at hand, as a veteran and a former 
prosecutor myself, I understand that oath of office to uphold 
the Constitution and to protect the communities. I am proud to 
co-lead Chairman Bost's Veterans 2d Amendment Protection Act 
because it is crucial that veterans retain the same 
constitutional rights we fought to protect.
    Now, Ms. Murphy, does the VA ever report veterans to NICS 
before considering any evidence that they may be a danger to 
themselves or others?
    Ms. Murphy. Thank you for that question. Under the current 
construct, we are not reporting anyone other than those who 
have been adjudicated under a court order that included that 
they were a danger to themselves or others. That is under our 
current instruction. That is already taken care of by the 
court.
    Mr. Hamadeh. When did that happen?
    Ms. Murphy. In March 2024, under the Consolidated 
Appropriations Act. That is the authority we are operating 
under now.
    Mr. Hamadeh. Are you following the Supreme Court's 
guidelines?
    Ms. Murphy. We are. We are following the guidelines of the 
act.
    Mr. Hamadeh. Now, Ms. Murphy, would the ACCESS Act, by 
codifying clear access standards and expanding eligibility for 
substance use and urgent mental healthcare, help these veterans 
get the care they deserve?
    Ms. Murphy. I would like to ask Dr. Yende to weigh in on 
that, please.
    Dr. Yende. Yes, Congressman, we are supportive of the 
ACCESS Act and we believe it will improve access to veterans 
both on the community care side as well as on the direct care 
side and making sure veterans get timely access to substance 
abuse care and residential treatment programs.
    Mr. Hamadeh. I often hear this report or this poll that is 
by my Democrat colleagues and some at the VA that say that the 
VA has a 92 percent trust in the healthcare that they receive 
when veterans go there. That study often is only talking about 
people who actually went through the VA process or the 
outpatient. It is a post outpatient survey, but it does not 
talk about those who never made it through the system. That is 
kind of my biggest concern right now when you are talking about 
mental health and substance use and they never make it through 
the system because they find the bureaucracy and the red tape 
so difficult to go through. I think that is why the ACCESS Act 
is going to hopefully resolve some of this. Is that what your 
opinion is as well?
    Dr. Yende. I would say, Congressman, the ACCESS Act, 
particularly the RRTP provisions, very clearly delineate the 
thresholds when we should be referring veterans out. They would 
be reducing both the priority threshold from 72 to 48 hours and 
the non-priority thresholds from 30 to 20 days. We believe that 
will improve access to veterans.
    Mr. Hamadeh. Have you been implementing that already?
    Dr. Yende. We have made a policy decision, and I cannot 
tell you exactly when, to implement the 72-hour threshold and 
the 30-day threshold. If this act is implemented, we will make 
some changes to meet that threshold. We have already put in 
some place some processes that allow us to sort of meet the 
current thresholds and we will have to just tweak those if this 
particular act is passed.
    Mr. Hamadeh. You are able to currently do that, even given 
the 1,400 people who were dismissed?
    Dr. Yende. I am not sure I can answer your question in 
terms of the impacts of those 1,400 individuals. I would just 
say we are committed to making sure veterans get their timely 
access. The only thing I would add is that there is an 
exceptions list that has been submitted and most of the 
frontline staff are part of that exception list.
    Mr. Hamadeh. All right, thank you.
    Chairman, I yield back.
    The Chairman. Representative Brownley.
    Ms. Brownley. Thank you, Mr. Chairman. I wanted to ask my 
first question to Dr. Yende.
    Dr. Yende, last week DOGE canceled a contract with a 
service-disabled, veteran-owned small business that supported 
VHA in marketing and recruiting for difficult to fill clinical 
staff positions, staff vacancies at VA medical centers and 
clinics nationwide. It is my understanding that this contract, 
some version of which has existed for 20 years, actually saves 
VA money by decreasing the cost per hire. Without this 
contract, VA will struggle to attract the doctors and nurses 
that they need, leading to additional workforce shortages, care 
delays, and more care being sent to the community and rising 
costs. Are you aware of this contract being canceled?
    Dr. Yende. I am not aware about the cancellation of the 
contract, so I would take that back as to potential impacts.
    Ms. Brownley. Are you aware of the contract and what it 
does?
    Dr. Yende. I am vaguely aware about contracts to help hire 
sort of providers in the VA, but I do not have the details.
    Ms. Brownley. Okay. You are vaguely aware of the contract. 
Vaguely aware of what its intention to do is to help bring in 
applicants for important positions within the VA. Do you agree 
that that is its purpose?
    Dr. Yende. I believe so.
    Ms. Brownley. Okay. If we do not have it, if we do not have 
that contract, do you believe that that could impact our 
ability to hire high-quality professionals in the organization?
    Dr. Yende. Congresswoman, having served at a facility as a 
chief of staff, I would say there are multiple ways to bring on 
providers, both VA providers, fee basis providers. In terms of 
the impacts of terminating that contract on being able to bring 
in frontline providers, I do not have that information, but we 
can definitely get back to you on that.
    Ms. Brownley. Okay, thank you. Ms. Therit, I think I wanted 
to ask you to--you know, so I think we have established that 
2,400 people have been laid off or fired from the VA. Are you 
aware that the VA has continually told us that there are 40,000 
vacancies within the VA that need to be filled? Does that 
number sound accurate to you?
    Ms. Therit.
    [Audio malfunction] thousand employees and we manage to our 
budget. Our budget does not have 40,000 vacancies on our 
records. We are looking at a smaller percentage than 40,000 
vacancies of positions that we continue to fill. As Dr. Yende 
had mentioned, under the hiring freeze that the Office of 
Personnel Management communicated in January, we have 
identified over 100 occupational series that we continue to 
fill and we make sure that those positions that are in the 
Veterans Health Administration, the Veterans Benefits 
Administration----
    Ms. Brownley. Okay, Okay, Okay.
    Ms. Therit [continuing]. National Cemetery Administration, 
and the board are filled.
    Ms. Brownley. Got it, got it, got it. Thank you. Of the 24 
that have been fired, do you have any idea--so, veterans make 
up about almost 29 percent of the VA's workforce and many of 
those are 100 percent service-connected disabled veterans who 
were in those jobs. Do you have any idea how many of our 
veterans were impacted by this firing and layoff?
    Ms. Therit. Representative Brownley, about a third of our 
workforce are veterans. With respect to veteran hiring and 
veteran recruitment and veteran retention, probationary status 
looks at prior Federal service and in many of those instances, 
under the Veterans Recruitment Authority, they continue to have 
continuous service. We do not have the specific numbers of the 
1,400 that have been impacted, but can provide that 
information.
    Ms. Brownley. Okay. Well, I would certainly like to know 
that. I would also like to know how many actually were working 
in VA medical facilities across the country as well.
    I do not have much time left. I understand that there are 
several people here in the audience who have been impacted by 
this firing and layoff. I just want to thank them actually for 
being here. I do not know what all of their responsibilities 
are exactly, but I know some of them are doing very important 
work that have been laid off. Some are training actually people 
who are coming out of the military to work for the VA, to teach 
them how to be procurement managers. Some are making sure that 
their benefits are right and completely fulfilled, as they 
should be.
    To me, these are very, very important positions that need 
to be filled. I am sorry to the people who are here that do not 
have a voice in this hearing/
    I will yield back.
    The Chairman. Representative Kennedy.
    Mr. Kennedy. Thank you. First, let me start by thanking all 
the veterans that are here with us today for your service to 
our country and those Federal workers that are here with us 
today that are veterans of this country and those that are 
service-disabled. I thank you for your service and I am 
disgusted by the way that you have been treated. Not just you 
in this room, but your colleagues, military colleagues across 
this country. It is heartbreaking, it is infuriating, and it is 
wrong.
    We are talking about those that have dedicated their lives 
to service to this country and then some of whom have bled for 
this country and then have dedicated their lives even further 
by going into public service as Federal workers. Yet because 
you are on probation, or so that is what we have been told, we 
cannot even get a straight answer today, your job is 
terminated. That is despicable. Our veterans deserve better, 
especially those veterans that have bled for this country. This 
House has an obligation to treat you with dignity and respect 
like the heroes that you are.
    I spoke to a service-disabled veteran this past week, who 
worked as a Federal worker for over a decade and a half and 
took a promotion less than a year ago. His job was terminated. 
He was on the chop block. These were arbitrary cuts. Arbitrary 
cuts. Despicable.
    Ms. Therit, you talk about the fact that there is less of a 
staff shortage across the VA. According to the VA's own 
numbers, it is 40,000. That is the number we were told by the 
VA. That is not accurate?
    Ms. Therit. Representative Kennedy, the 40,000 number are 
not funded positions. There are a smaller number of funded 
vacancies.
    Mr. Kennedy. There is a shortage.
    Ms. Therit. There are staffing models that identify 
requirements and those requirements can support that number 
that you mentioned. There is a requirements and a staffing 
model and a staffing study that is done around what workforce 
is needed to support some of the care. I believe those were 
some of the numbers that were identified through the The 
Sergeant First Class Heath Robinson Honoring our Promise to 
Address Comprehensive Toxics (PACT) Act.
    Mr. Kennedy. Yet, right when the executive order by 
President Trump was put into place, the hiring freeze, there 
were 1,900-plus people in the pipeline that were hired, ready 
to go to work at our VA across this country, and they were 
automatically cut. Is that accurate?
    Ms. Therit. Representative Kennedy, there were many 
employees, about 1,700, who had job offers and they were 
brought on board.
    Mr. Kennedy. Those job offers were rescinded, correct?
    Ms. Therit. No, they were actually brought on board by 
February the 8th based on those offers that had been made and 
those start dates that were announced.
    Mr. Kennedy. 1,700 people whose jobs have been offered were 
hired----
    Ms. Therit. Correct.
    Mr. Kennedy [continuing]. after the hiring freeze?
    Ms. Therit. Correct.
    Mr. Kennedy. I would like to see a detailed account of 
that. There were 716 job postings that were taken offline. Is 
that accurate?
    Ms. Therit. My understanding is it was 714.
    Mr. Kennedy. Okay, 714 that were taken down, correct?
    Ms. Therit. Correct.
    Mr. Kennedy. We have a staff shortage according to the VA's 
own account. We have those that were posted that were not hired 
and we have 1,400, you are telling us 1,400. We still have not 
seen a detailed account of these firings.
    Ms. Therit. Representative Kennedy, we have exemptions 
approved by the Office of Personnel Management to continue 
hiring, to continue posting job opportunity announcement. We 
continue to bring employees on each pay period to support our 
veterans in our medical centers as well as our benefits offices 
and our cemeteries.
    Mr. Kennedy. Well, tell that to the 1,400 people that were 
terminated, those veterans and service-disabled veterans who 
were terminated. Tell them that there was an exemption. There 
was no true exemption for our VA and those veterans, including 
those that are sitting right behind you here today. It is 
unconscionable. This country is better than that. We have a 
history of treating our military veterans with a priority and 
that did not happen in this instance.
    I yield back.
    The Chairman. Representative Dexter, you are recognized for 
5 minutes.
    Ms. Dexter. Thank you, Chairman Bost and Ranking Member 
Takano, for convening this hearing. Thank you to our witnesses 
for being here today. To our veterans who were so clearly fired 
without any understanding of the impact not only on you, but on 
our veterans throughout this country, I am sorry and thank you 
for being here.
    Please know that the Democrats are going to be fighting for 
you. That includes standing up against H.R. 472, which makes it 
easier to fire our committed VA employees, injecting more cruel 
chaos into our communities. Just last week back home in Oregon, 
I convened a roundtable with almost 15 veteran serving 
organizations. Our State has one of the highest veteran suicide 
rates in the country. Each one of the advocates and veterans at 
that table underscored the importance of preventing these 
tragic deaths.
    Ms. Therit, is it correct that suicide prevention is the 
VA's number one clinical priority?
    Ms. Therit. Dr. Yende to answer the question.
    Ms. Dexter. Thank you. Dr. Yende.
    Dr. Yende. Yes, Dr. Dexter, we agree.
    Ms. Dexter. Thank you. I believe Ms. Therit has confirmed 
this number, but I just want to ask again. How many veterans 
have been fired since January 20th? Veterans.
    Ms. Therit. Dr. Dexter, I will have to take that question 
for the record.
    Ms. Dexter. Okay. Job and income loss are two of the top 
indicators for suicidal ideation. Is that correct, Dr. Yende?
    Dr. Yende. It could be one of the many factors. I believe 
it is documented that that is accurate, but thank you.
    Now tell me, Ms. Therit, what communication did the VA 
provide to veterans prior to termination to help them cope with 
their job and income loss?
    Ms. Therit. Dr. Dexter, I will take that question for the 
record.
    Ms. Dexter. I just want to underline that we have 
prioritized clinically suicide prevention as our top clinical 
priority. We went on to terminate veterans without any impact--
or impactful intervention prior to that termination. Is that 
accurate?
    Ms. Therit. Dr. Dexter, I will take that question for the 
record.
    Ms. Dexter. OK. We have established that you sent an email 
to fire them. I will assert, unless we are proven otherwise, 
when you get back to us, that that was done without any 
additional support for these veterans.
    Ms. Therit. Dr. Dexter, as I had mentioned, I am prepared 
to talk about the Restore Accountability Act today.
    Ms. Dexter. I think this is directly relevant. I am going 
to now move to what did you send these veterans after they were 
terminated to help them cope with their job and income loss, to 
hopefully prevent suicide in these veterans and our workers?
    Ms. Therit. Dr. Dexter, I can mention that as the chief 
human capital officer at the VA, in my signature block, I have 
the 911 suicide prevention hotline. That information is always 
available to individuals who contact me. I think, as Chairman 
Bost had mentioned, if anybody has concerns about the action 
that the VA has taken, they are free to reach out to us or to 
others for answers to those questions.
    Ms. Dexter. That is a 911 is always available. I also 
understand that our crisis line had terminations impacting that 
as well. I will just make the statement because I assume that 
that is not going to be elaborated on.
    Laying off veterans, especially without proper mental 
health resources, is a betrayal of their service to our country 
and our promise to them. I urge you all to remember that no 
amount of perceived efficiency is worth abandoning our values 
as Americans and our commitment to these brave veterans who 
served our country.
    To add insult to injury among those fired, Ms. Therit was 
an instructor, as I mentioned, for the Veterans Suicide 
Prevention Hotline. It is a cruel irony that the Trump 
administration, enabled by Republicans, is not only putting our 
veteran employees at risk, but in doing so is making it harder 
for veterans to access care, which we have said is our top 
clinical priority in their greatest hours of need. Our veterans 
deserve much better than what this administration and our 
country is standing up for at this moment. I believe that we 
have a duty to address this issue imminently.
    Thank you, Mr. Chair. I yield back.
    The Chairman. Dr. Conaway, you are recognized for 5 
minutes.
    Mr. Conaway. Thank you, Mr. Chairman.
    Our veterans are courageous men and women who have 
sacrificed much of their lives to defend and protect our 
country. These brave men and women make up roughly 30 percent 
of our Federal workforce. Our House Appropriations Committee 
estimates that nearly 6,000 veterans have lost their jobs, 
which is, to my mind, completely unacceptable when we 
understand and know. We have heard, well, partial answers to 
our questions about staffing levels at the VA.
    Many veteran employees who have been terminated were 
probationary employees, as you mentioned, as some of you have 
mentioned. Many of these persons were not people who were new 
to the VA system. They were people who had been in the VA 
system for some time and were promoted into new positions. It 
makes their termination--presumably, they were promoted because 
they were doing a good job to be promoted. It makes their 
determination as probationary periods, using that as a subtext, 
particularly galling.
    Can you discuss, and I will start with Ms. Murphy, what 
impact you think these firings will have on the lives of 
veterans and our families, and in particular the many veterans 
who were terminated from service in these rounds of cuts?
    Ms. Murphy. Dr. Conaway, from the veterans benefits 
perspective on our side of VA, the core mission, delivering 
benefits to veterans, has continued. I would point out that 
just today we issued a press release noting that we have 
reached our one-millionth claims processed earlier this year 
than ever. In the last--we have had 10 of our highest 
production days just in the last month, and the highest day 
ever at 12,000 claims. We are continuing to deliver, as 
Secretary Collins has instructed, on our core mission: 
delivering benefits to veterans.
    Mr. Conaway. Well, that you are working on your core 
mission is one thing, but the question is what are the outcomes 
as you are working on that?
    Ms. Therit, you mentioned that the number 40,000 is not an 
accurate number reflecting the vacancies. You suggested in your 
comments that if you look at what is budgeted for staff, that 
there is a gap between with respect to the number of employees 
for which there is a budget whose positions have not actually 
been filled. Can you tell us what that number is? If 40,000 is 
wrong and you mentioned we have got a budget limiting that, 
what is the number of budgeted positions that are not filled?
    Ms. Therit. Dr. Conaway, the information that we publish on 
a quarterly basis related to the MISSION Act, Section 505 
report, contains that information. I am happy to provide it. I 
do not have it with me today.
    Mr. Conaway. OK, thank you. I look forward to getting that 
information.
    Now, Dr. Yende, excuse me, do you--and we have had a 
question about this and perhaps we can get a more fulsome 
answer, but the VA facilities across the Nation, are they fully 
staffed? I mean, and if they are not fully staffed, and we do 
not believe they are, is it 70 percent fully staffed, 80 
percent? Where do you think that number? Can you give us a 
range at least about the staffing levels at these facilities 
across the Nation?
    Dr. Yende. I would have to take that question back and 
provide a more definite number. I do not have that information.
    Mr. Conaway. Just in your experience running agencies and 
healthcare systems, does not staffing play an important role in 
the outcomes of care that people receive in those institutions 
that are delivering, well, any service, but in this case 
healthcare to veterans or other services to veterans for that 
matter?
    Dr. Yende. Yes, Dr. Conaway, staffing does play a role, but 
leadership at VA facilities day-in and day-out try to make sure 
that veterans' frontline access is not impacted by staffing. 
There are multiple ways to do that.
    Mr. Conaway. Yet we have seen time after time, and this is 
not any particular administration, by the way, but we have seen 
that veterans are having trouble accessing care. You know, 
referrals can sit for 6, 9 months, we have heard in this very 
hearing room for people with possible cancer who do not get on 
to definitive care.
    What do you expect that you are going to be able to do to 
meet the staffing shortfall that is currently in place? By the 
way, you mentioned--well, I am about done. Please tell us about 
what you expect to happen with respect to staffing and how that 
is going to positively impact the responsibilities of VA.
    The Chairman. The gentlemen's time has expired.
    Thank you.
    Dr. Miller-Meeks, you are recognized for 5 minutes.
    Ms. Miller-Meeks. Thank you very much, Mr. Chair, and thank 
you for holding this important hearing.
    Ms. Murphy, after a veteran, and I am saying this as both a 
veteran married to a veteran in a family of veterans and also a 
doctor, former nurse, so, after a veteran is already reported 
to NICS based on no evidence of dangerousness, is not it 
harmful to a veteran's mental health that they have to prove to 
the VA that they are not dangerous to get their name removed 
from NICS?
    Ms. Murphy. Pardon me----
    Ms. Miller-Meeks. Is there any effect on a veteran's 
dignity, purposefulness, and mental health and well-being if 
they have to prove to the VA that they are not defective after 
they have been reported to the NIC system by someone who may 
not be a doctor, may not have any medical experience, and may 
not be a judge?
    Ms. Murphy. I do want to point out that this year, since 
March 2024, when our reporting requirements changed, we have 
reported three individuals. The number in the past, I believe 
the prior Fiscal Year was around 13,000, similar to the prior 
Fiscal Year before that. Our reporting numbers are much lower. 
To have the requirement to be--it is currently not an issue.
    Previously when we were reporting hire, there was an appeal 
process, there was a request for relief process, and those were 
taken on a case-by-case basis. Even in the Veterans Fiduciary 
Program, there is opportunity if there is a change in the 
mental health condition, they can submit additional evidence. 
Plus----
    Ms. Miller-Meeks. Well, thank you for saying that. If the 
VA updates the Attorney General that all prior reports of 
veterans to NICS solely because they have a fiduciary no longer 
applies, will the veteran who was reported to the NICS list for 
other reasons stay on the NICS list or are they removed from 
the NICS list? Are they still on the list even if they find 
there was no basis or they know the fiduciary no longer applies 
to them?
    Ms. Murphy. They would still be on the NICS list and we 
would have to----
    Ms. Miller-Meeks. Without due process, they are still on 
the NICS list. They are denied their constitutional rights even 
after the Attorney Generals have been told that it no longer 
applies to them. They are referred solely on the basis of 
having a fiduciary. I found that appalling after these veterans 
are the ones that defended our rights.
    Dr. Yende, one of the things that we have heard throughout 
the community and from veterans is that their experience 
getting appointments with community care. If they meet the 
eligibility, i.e., they cannot get into a VA clinic appointment 
within 30 days and/or they live over 40 miles, that getting the 
appointment varies dramatically depending upon which VA 
facility or region they are in. What steps is the VA taking to 
ensure that community care policies such as the Referral 
Coordination Initiative are implemented consistently across all 
business?
    Dr. Yende. We have very clear guidance to each facility to 
make sure that Referral Coordination Initiative, or RCI, is 
implemented in as many specialties as possible.
    I would just add, Chairman, there are other reasons why 
there may be delays, which may be related to staff who help to 
schedule these appointments. We work closely with the sites 
where there are long wait times in making sure they have the 
right processes, the right leadership, and the right staffing 
level. It is not just typically staffing level. There may be 
multiple factors at play.
    Ms. Miller-Meeks. Dr. Yende, if a veteran wants a mental 
health appointment in person, should not that be up to them and 
their decision?
    Dr. Yende. Yes.
    Ms. Miller-Meeks. Rather than the VA considering that we 
have given them a telehealth appointment within 30 days and so, 
therefore, they have denied a visit or an appointment if they 
want their visit in person?
    Dr. Yende. We agree with you.
    Ms. Miller-Meeks. OK. Thank you so much.
    With that, Mr. Chair, I yield back.
    The Chairman. Thank you. The gentlewoman yields back.
    Ms. Murphy and all others, thank you so much for being 
here. You are dismissed and excused. We want to then invite the 
second panel up to the witness table.
    The Chairman. Turn my mic on first. I would like to welcome 
our second panel, Mr. Jim Whaley, the chief executive officer 
of Mission Roll Call; Mr. Patrick Murray, the director of 
National Legislative Services of Veterans of Foreign Wars (VFW) 
. I would also like to extend a special welcome to a former 
Member of Congress, himself a veteran, Mr. Max Rose has served 
here in this Congress and like I said, is a veteran himself. 
Nice tie, by the way. Welcome. No one understands that but you 
and I do. He is with us today as a senior advisor to the 
Veterans Voice Foundation.
    I appreciate all of you being here. If you could, would you 
please stand and raise your right hand?
    [Witnesses sworn.]
    The Chairman. Thank you. Let the record reflect that the 
witnesses have answered in the affirmative.
    Mr. Whaley, you are now recognized for 5 minutes for your 
opening statement.

                    STATEMENT OF JIM WHALEY

    Mr. Whaley. Good afternoon, Chairman Bost, Ranking Member 
Takano, and distinguished Members of the House Veterans Affairs 
Committee. Thank you for this opportunity to testify on behalf 
of Mission Roll Call and the 1.4 million veterans we represent.
    At Mission Roll Call our goal is simple: making sure 
veterans' voices are heard where it matters most. We use 
polling and direct engagement to bring real, unfiltered veteran 
perspectives to policymakers and the public. Amplifying this 
data on behalf of veterans and their families allows us to 
advocate for meaningful change that improves the lives of those 
who have served.
    One of the biggest concerns we hear about is access to 
healthcare. While the Mission Act of 2018 made improvements, 
many veterans still struggle. A recent poll of over 2,500 
veterans and family members found 44 percent experienced delays 
in care, 31 percent had difficulty scheduling, and 12 percent 
were denied community care. Veterans should not have to wait 
unreasonable amounts of time or travel excessive distance to 
receive care. That is why we support the Veterans' ACCESS Act 
of 2025, to ensure care is built around the veteran, not 
bureaucracy.
    This act makes important progress on several fronts. 
Namely, it mandates reasonable time and distance standards to 
ensure veterans are not asked to travel too far or too long to 
receive care. It clarifies wait time standards to help prevent 
lengthy delays in receiving care. It gives veterans a voice in 
how, when, and where they receive care. Perhaps most 
importantly, it ensures no veteran in need of crucial mental 
healthcare is left unattended in their moments of greatest 
need.
    Another issue is the Veterans 2d Amendment Protection Act. 
Right now, the VA reports to the FBI's NICS data base over 
270,000 veterans since 1998. By comparison, the FBI itself has 
reported fewer than 2,000 under the same criteria. The decision 
to list any American on the NICS list and encroach upon 
constitutionally protected rights should not be made lightly 
and should only be done through judicial process. Yet the VA 
has made this an administrative decision. Veterans fear seeking 
help for PTS or Traumatic Brain Injury (TBI) could cost them 
their rights without due process. Congress temporarily 
addressed this issue last year, but it is time to make it a 
permanent protection.
    Of course, none of this matters if we do not hold the VA 
accountable. The VA serves over 9 million veterans, but too 
many still face barriers to timely care. Long wait times 
persist and veterans regularly report difficulty assessing 
services. The Restore VA Accountability Act of 2025 is a step 
toward ensuring the VA effective, addresses underperformance, 
maintains a veteran's first culture. Serving veterans is a 
privilege and every VA employee should be held to the highest 
standards.
    Last, I want to highlight the importance of the Student 
Veteran Benefit Restoration Act. Education benefits are life-
changing for veterans. Veterans invest in their futures using 
their hard-earned educational benefits. When a school loses 
State approval or commits fraud, they are left with nothing. 
This bill ensures veterans do not lose their benefits due to 
circumstances out of their control.
    At Mission Roll Call, we believe in solutions, not just 
critiques. We are eager to partner with the VA to tackle these 
challenges together. We also recognize the vital role of 
veterans service organizations nationwide and urge 
collaboration to maximize impact. Working together, we can 
ensure veterans and their families receive the care and support 
they deserve.
    The bottom line? We need policies that put veterans first, 
healthcare, protection of rights, accountability at the VA, and 
education benefits. These issues directly impact veterans and 
their families. Mission Roll Call will continue to amplify and 
bring their voices to you because where policy and serving 
veterans is concerned, veterans' voices should lead the 
conversation.
    Chairman Bost, Ranking Member Takano, other distinguished 
members of the committee, this concludes my testimony. Thank 
you. I look forward to any questions.

    [The Prepared Statement of Jim Whaley appears in the 
Appendix]

    The Chairman. Thank you, Mr. Whaley. Appreciate that.
    Mr. Murray, you are recognized for 5 minutes.

                  STATEMENT OF PATRICK MURRAY

    Mr. Murray. Chairman Bost, Ranking Member Takano, members 
of the committee, on behalf of the men and women of the VFW and 
its auxiliary, thank you for the opportunity to provide remarks 
on this legislation today.
    On accountability, the VFW fully agrees that the VA 
Secretary should have the ability to remove bad employees from 
their roles. We believe Secretary McDonough should have had 
this authority as the same applies to Secretary Collins. We are 
worried that this could now lead to more arbitrary firings of 
competent and capable employees simply as a cost-cutting 
measure.
    Two weeks ago, Secretary Collins announced VA fired more 
than a thousand employees. Last night it was 1,400 more. 
Nowhere in these messages did it explain what warranted that 
action. Members on this committee regularly say VA needs to 
weed out the bad actors, and we agree. The dismissal of 
thousands of employees was not done because it was warranted. 
It was done because it was easy.
    Among the employees who were let go were veterans and 
military spouses. Other firings were of employees recently 
promoted into new roles. Some of these firings have been 
rescinded because they were key positions, but that is not the 
case for all. Before this committee advances this bill, we ask 
that there be proper oversight to ensure the men and women who 
serve our veterans, caregivers, and survivors were not fired 
from crucial roles.
    The VFW supports the Student Veteran Benefit Restoration 
Act to protect student veterans and their earned education 
benefits from schools that commit fraud. This legislation would 
require VA to restore the education entitlements to the 
student, and the school would be required to repay VA the 
associated funds it received. As written and if passed into 
law, these protections would apply to future violations of 
fraud, and we recommend including retroactive restoration of 
education entitlements for students who could be affected prior 
to enactment.
    The VFW supports H.R. 1041 to protect veterans' Second 
Amendment rights and establish due process for those who have 
been assigned fiduciaries by VA before referring them to the 
NICS list. We supported this bill over 15 years ago when an 
earlier version was first brought to VFW's attention and will 
continue to support this proposal until it is passed into law. 
Even though the issue of fiduciaries affects a small percentage 
of veterans, we argue that every veteran deserves protection of 
their constitutional rights.
    The VFW also supports H.R. 740, the Veterans' ACCESS Act. 
This proposal would provide some enhancements to the VA 
community care program. Since the passage of the MISSION Act 
2018, VA has not implemented this program consistently across 
this entire network. Veterans deserve consistency in their care 
and this is a step toward providing that. While this proposal 
does not address VA direct care, we would be remiss not to 
remind this committee that some of the reasons community care 
appointments and costs are increasing is because VA cannot 
provide some of these vital services.
    Care in the community is VA care, but providing resources 
for care only in the community is something that we cannot 
abide by. VA care, direct care can lead to--sorry, VA direct 
care can lead to a less capable VA and an over reliance on the 
pressure relief system of community care. This could be 
detrimental to the overall care for veterans.
    Last, Section 302 of this proposal seeks to implement a 
different pilot program for accessing certain mental health 
services without a prior referral authorization if the veteran 
is enrolled in VA healthcare. This process is similar to the 
existing urgent care treatment models available to veterans. 
That system works for veterans because it allows quick access 
to treatment that could typically face certain delays or 
overcrowding VA emergency rooms. That system also brings high 
costs and unknown budget impacts. VA does not know if 10 
veterans will use that system or if 10,000 veterans will use 
that system. VA simply has to pay the bill when it shows up. 
This uncoordinated care has grown the community care budget in 
the past few years, and we predict this provision could have 
similar unpredictable increases in cost. We believe this 
provision could be beneficial, but we would like to warn 
against reductions in direct VA care in order to maintain these 
uncoordinated care options.
    Chairman Bost, Ranking Member Takano, thank you for the 
opportunity to provide remarks on these bills today and I am 
prepared to answer any questions you may have.

    [The Prepared Statement Of Patrick Murray Appears In The 
Appendix]

    The Chairman. Mr. Murray, thank you.
    Congressman Rose, you are recognized.

                     STATEMENT OF MAX ROSE

    Mr. Rose. Chairman, thank you. It is great to see you 
again. Ranking Member, it is great to see you as well. It is 
really an honor to come back to this committee, which I was so 
honored to serve on. Of course, I am equally honored that my 
return to this committee has caused such a surge in member 
attendance to hear what I have to say.
    I am the senior advisor to Vet Voice Foundation, 
representing nearly 2 million veterans and military families 
across the country. I am also a veteran myself, a Purple Heart 
recipient, and I continue to serve in the Reserves. Roughly 3, 
4 years ago, I myself hit a rough patch and made the decision, 
along with my family, that I would seek mental healthcare at my 
local VA. It is not something I am ashamed of, and I think 
every veteran at one point or another goes through that moment.
    What I found at my local VA was an institution that was not 
just represented by the actual healthcare providers. I found a 
home, a place that understands veterans. That is why we built 
this institution as a Nation. That is why we continue to 
support it because we have collectively made the decision that 
we need a healthcare organization that is uniquely suited for 
veterans. I believe that this committee stands in a bipartisan 
fashion to fight for and defend that, which brings me to this 
issue of community care.
    We all collectively agree that if there needs to be a 
safeguard for if veterans cannot seek care or find the care 
that they need at a local VA. I also equally believe that we 
have to fight for each and every day to make sure that our VA 
is properly resourced. At times those two issues can be awfully 
conflicting. We have got to make sure that both from a 
budgeting standpoint as well as from a policy standpoint, what 
we are spending our days on is looking at how we can improve 
the VA itself, not slowly kill it via a thinly veiled effort at 
privatization. That is what I believe our North Star should be.
    I am also gravely concerned by the lack of transparency and 
uncertainty surrounding the recent policy changes that have 
directly impacted VA, the VA workforce. I do not believe that 
there is any such thing as a non-essential category of VA 
workers. They are all essential and they all directly impact 
patient care. We know for a fact that there have been blanket 
firings, at least large groups of people that work the front 
desk at VA's medical, technicians, people that service 
hotlines, people that support, at least on an ancillary basis 
surgeries, and other absolutely essential services. Now, they 
may not be direct providers, but they are absolutely essential 
and they absolutely impact direct patient care.
    I believe that the consequences of these mass firings will 
result in veterans not receiving the care that they need and, 
ultimately, veterans being put in harm's way. That directly 
contradicts the promise that we as a Nation have made to 
veterans, that they, when they sign on that dotted line and 
make a promise to make the ultimate sacrifice for this Nation, 
that we will be there for them when they come home.
    My views on the legislation before the committee today is 
in my written testimony. I, of course, look forward to speaking 
about that. I will conclude with this. As you deliberate on 
these bills, my guiding principle remains steadfast. Our 
veterans deserve policies that honor their service, protect 
their rights, and provide them with the support they need to 
thrive. I look forward to working with this committee to ensure 
your legislative efforts achieve our common goals while 
upholding the trust and well-being of our veterans.
    I thank you for your time and look forward to your 
questions.

    [The Prepared Statement Of Max Rose Appears In The 
Appendix]

    The Chairman. We are now going to turn to questions. I 
recognize myself for 5 minutes.
    This one is for the entire panel. Yes or no. Do you believe 
every American citizen, including every veteran, is entitled to 
their day in court before they lose any constitutional right?
    Mr. Whaley. Yes.
    Mr. Murray. Yes.
    Mr. Rose. Certainly. I mean, of course.
    The Chairman. Mr. Murray, a few weeks ago, a VFW 
representative testified that VA denied her request for a 
specialized mental health program due to the program being out 
of network. Do you believe veterans should be able to access 
community care that works for them regardless of their network?
    Mr. Murray. Absolutely. That instance, it was actually 
denied multiple times because a veteran on the East Coast 
wanted a treatment facility, first in Arizona, then in Utah. 
Because that was in TriWest versus Optum, it was denied. There 
was nothing that we found that was in writing, that that was in 
statute and regulation. It was just in practice. We believe it 
might have been the contracts, but we are not privy to some of 
that information. That could have led to disastrous 
consequences.
    The Chairman. Mr. Whaley, how do underperforming employees 
impact the quality of care provided to veterans?
    Mr. Whaley. Well, I think every American expects our VA to 
be the most efficient and effective program it could possibly 
be. I mean, we cannot expect to have the greatest military in 
the world if we do not have the greatest healthcare system in 
the world, both for active duty military and for veterans. I 
think we want the best and brightest. We want to retain them. 
We want to give the opportunity to improve the capabilities of 
the VA.
    The Chairman. Mr. Whaley, also, for veterans with substance 
use disorder, does it take a lot of courage to show up to a 
facility and admit they need help? Do you think the VA 
currently--the current community care process is simple enough 
for veterans to get the care that they need?
    Mr. Whaley. No. The numbers speak for themselves. The 
number for suicides has not dropped in years. In fact, it is 
gone higher. We know that there is a challenge, a significant 
challenge, that our country should be embarrassed about. We 
have too many veterans that are taking their life. We need to 
make it easy for them to get the care they want when they need 
it, and promptly. We cannot have veterans that have mental 
challenges, thoughts of suicide have to wait for somebody to 
give them a call to get the appointment that they need. They 
need the appointment now. They need to be taken care of.
    The Chairman. Yes. Congressman Rose, you said yourself you 
have used the VA facility. OK. How close was that VA facility 
to your home?
    Mr. Rose. Well, Staten Island, so the traffic is always 
unpredictable, Chairman.
    The Chairman. I understand, but I would say about a half-
hour.
    OK. I agree with you, we do not want to privatize the VA. I 
am going to tell you that right now. Never have I said I want 
to provide privatize the VA. You do believe that if a person 
lives in Wyoming and is 3 or 4 hours at best from VA, they 
should still be able to receive care at the level that you do, 
being 15, 20 minutes or even a half-hour or 45 minutes based on 
traffic?
    Mr. Rose. Sure, absolutely, Chairman. I believe that is 
already in statute based off of the ability for someone to seek 
community care dependent on how far away the nearest VA 
facility is. What the concern actually is with this 
legislation, if you look at, for instance, the pilot that is 
being offered, much of that is thrown out the window and you 
see the opportunity for people to seek community-based care, 
often even without a referral. This opens the door exactly to 
privatization, what we both collectively have said, we that we 
are opposed to, because in instances like that, you are 
actually drawing funds away from the VA's capacity to serve its 
own institution. That prevents veterans like myself from being 
able to still continue to go to institutions that were 
developed to actually understand them and support them.
    The Chairman. That will lead me to my last question. Do you 
believe the VA was created for the veterans or was it created 
for the VA?
    Mr. Rose. Of course the VA was created for veterans. Of 
course.
    The Chairman. OK. The only concern that I have is that when 
we tell the veteran they have to go to the VA and that veteran 
has, for whatever reason, a need to go into the community care. 
Like I said, do not want to, I think there are some very 
special things that our VA does and continue to do. Of course, 
this also leads to a bill that I believe you were around when 
we passed, which was MISSION Act. Right? You were here for 
that, which part of that was also to revamp the VA so that 
each--because what we have got is, is we have got several 
veterans that might, in 1950's, lived in one area and now we 
have very few veterans there, and that is in the Air 
Commission. This is not an argument for the House because the 
House did their job. It is for the Senate to do their job. We 
have no senators here, so we cannot badmouth them over that.
    With that, I yield back and I recognize the ranking member 
for his question.
    Mr. Takano. Thank you, Mr. Chairman. Yes, we are not going 
to talk about the Air Commission. All right.
    Congressman Rose, good to see you back, my friend.
    Mr. Rose. Good to see you, too.
    Mr. Takano. You are looking well. Thank you for being here 
today. As a veteran and user of VA, you know, your perspective 
is important for us, your insights. As Congress develops 
policies that may change how VA delivers care, what do you 
think are the most important considerations we should weigh to 
ensure veterans receive timely and high-quality healthcare?
    Mr. Rose. Sure. I think the beginning, our North Star 
should be is that the VA, by virtually every metric, is 
performing better than other large healthcare institutions. 
Based off of patient surveys, treatment quality, even in many 
instances wait times, the VA is performing better. I think our 
first immediate priority should be to make sure that we are 
investing at greater numbers into the VA.
    We also should note that the vast majority of VA employees 
could get paid more in other healthcare organizations. They are 
making the explicit choice to continue their record of service, 
many of whom are veterans. Their service should be honored and 
they should be supported rather than fired en masse.
    Mr. Takano. Thank you for that, Congressman Rose. How does 
staffing affect VA's ability to deliver timely and high-quality 
care to veterans?
    Mr. Rose. I believe it is everything. It is not just 
staffing in regards to how many nurses you have, how many 
direct primary care physicians, although that is absolutely 
essential. If you want to make sure that you are delivering 
high-quality care to veterans, you have to make sure that your 
front desks are manned. You have to make sure that there are 
proper care coordinators in place. You have to make sure that 
there are people policing the parking lots. All of those 
different types of positions were very largely represented in 
the groups that were just fired over the course of these past 2 
weeks.
    Mr. Takano. I am glad you are getting to this. VA relies on 
staffing in its community care offices, at VA medical centers 
to coordinate veterans care when it is referred out. When you 
get a referral to go in the community, you have this Office of 
Community Care which actually follows through on that. Is it my 
understanding that some of these, many of these community care 
offices are understaffed?
    Mr. Rose. They are absolutely understaffed. I am so happy 
you brought this up because when we think about community care, 
certainly if a veteran cannot get a specialty appointment 
within a month or even 20 days, community-based care is 
absolutely a priority and important. That veteran then comes 
back to the VA and everyone in healthcare today is focused on 
treating the entire person and making sure that there is 
properly integrated care. That is completely destroyed if we do 
not have an office in the VA that monitors that.
    Mr. Takano. This Office of Community Care, are you aware of 
firings that affected those offices?
    Mr. Rose. Sure. I mean, I think we all collectively are.
    Mr. Takano. OK. Does the Veterans' ACCESS Act do anything 
to ensure that there is adequate staffing at VA community care 
offices to process those referrals?
    Mr. Rose. Absolutely not. Nor does the bill do anything to 
mandate or require that community-based healthcare options can 
actually serve the veteran better at a lower cost. In fact, the 
vast majority of the time, it is at a much higher cost, which 
is a detriment to the taxpayer.
    Mr. Takano. Help me understand this. Currently at the 
Office of Community Care, in many places, at many medical 
centers, I have heard that there may be appointments available 
inside the VA that could be offered to the veteran at a much 
shorter timeline, meaning that they can get in faster at the VA 
than they could in the community. Then that does not often 
happen, and often veterans may also--are not offered the choice 
of going to the VA, even if it is a little longer, because VA 
has better outcomes on a particular specialty.
    Mr. Rose. Sure, absolutely. Look, and I go back to the 
chairman's point that he made earlier. If this committee is 
truly committed on a bipartisan basis to improving the VA, and 
every single healthcare organization can improve, what it would 
focus on is making sure that it could increase efficiency, 
increase patient care, which both can happen at the same time, 
not on constantly figuring out ways to push veterans out of the 
institution.
    Mr. Takano. I would be all in favor of DOGE looking at 
community care coordination operations within VA to make sure 
that the taxpayer is getting the best value. Sometimes the 
taxpayer will get much better value out of having the veteran 
actually be able to go and seek treatment inside the VA and 
that if we adequately staffed the Office of Community Care that 
this could all be done efficiently. We would see veterans 
getting their appointments, right? Does the Veterans' ACCESS 
Act do anything to improve manual processes that frequently 
lengthen the time it takes for a referral to be made?
    Mr. Rose. No. Look, and to your point, this is ultimately a 
detriment to the taxpayer because all too often these options 
outside of the VA cost so much more, particularly with 
healthcare consolidation as it is today. This is something that 
DOGE should actually be opposed to, not in support of.
    Mr. Takano. Well, thank you. My time has run out. I yield 
back.
    The Chairman. Dr. Dexter, you are recognized for 5 minutes.
    Ms. Dexter. Thank you, Chairman Bost.
    Today my Republican colleagues are pushing a proposal to 
expand for-profit care at the expense of our direct VA system. 
The data shows that VA healthcare consistently outperforms for-
profit care in terms of quality and patient satisfaction. That 
alone should make us skeptical of this policy. What makes this 
even more egregious is that they are pushing lower quality care 
at massive unwarranted cost to American taxpayers. Just last 
week, the Office of the Inspector General issued a report 
indicating that the third-party administrators who run the for-
profit VA care program were overpaid by almost a billion 
dollars and that those for-profit entities, predominantly 
Optum, are now refusing to return those overpayments to the VA.
    Congressman Rose, thank you for joining us. Since the 
passage of the VA MISSION Act, VA's expenditures on for-profit 
care has dramatically climbed. Is that correct?
    Mr. Rose. Yes.
    Ms. Dexter. In recent years, year over year growth in 
community care expenditure has been as high as 19 percent. I 
bring this to show the vastly increasing proportion of 
community care versus indirect VA care, 2017 versus 2023.
    Congressman Rose, specialty providers in the community are 
not required to make quality of care data publicly available or 
report that data back to the VA. Is that accurate?
    Mr. Rose. Absolutely.
    Ms. Dexter. It is also true that providers in the community 
are not required to provide real-time data on wait times to 
veterans. Is that accurate?
    Mr. Rose. One hundred percent. We have no way, when they 
seek privatized care, to hold these institutions accountable or 
to have any centralized dashboard or metrics on a national 
basis.
    Ms. Dexter. A veteran does not make an informed decision 
about whether to wait for VA, which they have a relatively 
reasonable understanding of the wait, versus a black box of 
going to the
    [inaudible].
    Mr. Rose. Right. This is why I believe it should be the 
bipartisan prerogative of this committee to be opposed to any 
thinly veiled effort to privatize the VA, which is all this is. 
This is not an effort to improve patient care or save money.
    Ms. Dexter. I absolutely agree with you.
    Finally, providers in the community do not have to return 
medical records to the VA after they see a patient. Is that 
correct?
    Mr. Rose. Absolutely.
    Ms. Dexter. I know this because I have been a VA provider 
in the VA, in the direct care system. I have trained VA 
doctors. I have been a community care provider outside of the 
VA. I have heard multiple times today, care in the community is 
VA care. I will tell you, as somebody who has delivered that 
care, that is absolutely not the case. I did not have access to 
the medications patients were taking, their prior workup, and 
when I finished with them, I sent them back into a black box. 
It is absolutely a misappropriation of funds to do this work 
this way.
    Thank you, Congressman Rose, for your responses. As our VA 
system is robbed of funding that it desperately needs, this is 
a zero sum game. We are not making the pie bigger. We need to 
serve our veterans. It is insane that we are discussing a 
proposal to increase poor care, disruptive care, and at the 
cost of what we know is data-driven, highly satisfactory care 
for our veterans.
    I look forward to working with you, Congressman Rose, to 
ensure that every veteran in this country has access to care at 
a properly funded VA that allows them to receive the 
comprehensive and integrated care that they deserve. For us to 
continue this and move this bill forward is shameful. It is a 
hundred percent prospectively investing in community care that 
undermines veterans' care. I thank you for this time.
    I yield back.
    The Chairman. Thank you. Ranking Member, do you have any 
closing remarks?
    Mr. Takano. Yes. I would like to request unanimous consent 
to enter four items into the record. Let me get the list. I 
have two items, excuse me. I have letters from Everytown Gun 
Safety and the Fraternal Order of Police to be entered into the 
record. I ask for unanimous consent.
    The Chairman. Without objection.
    Mr. Takano. Yes. Thank you. You want final comments?
    The Chairman. Yes. Yep.
    Mr. Takano. Let me say, Mr. Chairman, I do hope that we can 
have a hearing specifically on the topic of the unfairly 
dismissed employees from VA, especially the veterans who had 
stellar performance reviews, but yet were still dismissed. I do 
not think it is adequate that you invited them to come speak 
with you personally. I do think the American people want to 
know what happened and hold whoever made this decision, because 
Ms. Therit was not able to tell me who ordered her to issue 
that memorandum, which fired every employee. Nor was she able 
to deal with this contradiction in her memo that people were 
fired for their performance, but clearly we know that we have 
employees who had stellar performance records.
    Let me say that I appreciate the testimony of the panel 
today. Mr. Murray, I did not ask you many questions, but I 
certainly appreciated what the VFW's views on many sections of 
the ACCESS Act and that you, like I, and the VFW and my views 
about the adequate balance of, the proper balance between 
community care and direct care, well, I would just say it is 
really about for-profit care and direct care within the VA. I 
just want to make sure that we are not summarily putting out, 
referring into the private sector care that diminishes VA's 
ability to offer direct care. Ninety percent of the veterans 
are getting their care--I mean, 90 percent of the veterans who 
are enrolled in VA are getting their care through direct care. 
We do not want to see that diminished by the trend that was 
shown by my colleague from Oregon.
    With that, I yield back and look forward to working with 
you on a future hearing.
    The Chairman. I thank you and we will take everything you 
said under advisement.
    I think that it is vitally important that we do recognize 
that just a few weeks ago in a hearing that GAO noted that 42 
percent of the care which is given by the community is done for 
25 percent of the cost. That is important and that is why we 
should continue the discussion. Not in any way, shape, or form 
to privatize, I have said that.
    It is important that the veteran remember, and I have said 
it so many times, and I have said it so many times today, the 
VA was created for the veteran, not for the VA. Who are we 
serving? Are we serving the bureaucrats at the VA or are we 
serving the veterans? I, and I believe my constituents, even 
though I have a VA right down the road from me, I believe a 
majority of my constituents believe we are to serve our 
veterans.
    With that, I want to thank all of our witnesses for being 
here. I look forward to addressing the problems that these 
bills would fix to provide solutions for our Nation's veterans 
and their families. I will continue to push VA to strive for 
world-class care and know it is capable of providing that for 
veterans. Under my leadership, we will continue to work to 
ensure VA has the best in class workforce to deliver care and 
benefits. We will hold them accountable when they miss the 
mark. As chairman, I will always put veterans first and they 
should never feel fearful of losing their constitutional rights 
when they visit VA.
    With that, I ask unanimous consent that all members shall 
have 5 legislative days in which to revise and extend their 
remarks and include any extraneous material. Hearing no 
objections, so ordered.
    The hearing is now adjourned.
    [Whereupon, at 4:26 p.m., the committee was adjourned.]     
      
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                         A  P  P  E  N  D  I  X

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                    Prepared Statements of Witnesses

                              ----------                              


                   Prepared Statement of Beth Murphy
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                    Prepared Statement of Jim Whaley
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                  Prepared Statement of Patrick Murray

    Chairman Bost, Ranking Member Takano, and members of the committee, 
on behalf of the men and women of the Veterans of Foreign Wars of the 
United States (VFW) and its Auxiliary, thank you for the opportunity to 
provide remarks on this proposed legislation.

H.R. 472, Restore VA Accountability Act of 2025

    The VFW has previously supported this legislation that would 
streamline authorities to suspend, demote, or fire employees of the 
Department of Veterans Affairs (VA) who have been determined to warrant 
such action. We had also supported the Department of Veterans Affairs 
Accountability and Whistleblower Protection Act of 2017 (Public Law 
115-41) because the VFW had seen examples of VA's inability to hold 
certain employees accountable. While this proposal would restore the 
original intent of the law that had technical gaps and was not 
implemented effectively, we would like to express our disappointment at 
how the recent dismissals of VA employees have been handled.
    The VFW fully agrees that the VA Secretary should have the ability 
to remove bad employees from their roles, but we do not agree with 
using authorities this proposal would provide to arbitrarily remove 
competent and capable employees simply as a cost-cutting measure. 
Reduction in Force efforts should not be bluntly used at VA in order to 
satisfy an arbitrary budget goal. VA should always be fully staffed 
with competent and capable employees in order to serve the men and 
women who have earned their VA health care and benefits.
    Two weeks ago, Secretary Doug Collins announced VA fired more than 
one thousand employees. Nowhere in his message did it explain what 
warranted that action. Members on this committee regularly say VA needs 
to weed out the bad actors, but the dismissal of more than one thousand 
employees was not done because it was warranted, instead it was done 
because it was easy. Among the employees who were let go were veterans 
and military spouses. Some of these firings have been rescinded because 
they were key positions, but that is not the case for all of the 
dismissals. Before this committee advances this bill, we believe there 
needs to be proper oversight to ensure the men and women who serve our 
veterans, caregivers, and survivors are not fired arbitrarily from 
their crucial roles.

H.R. 740, Veterans' ACCESS Act of 2025

    The VFW supports this proposal that would provide overall 
enhancements to the VA Community Care program. Since the passage of the 
MISSION Act of 2018, VA has not implemented this program consistently 
across its entire network. Veterans deserve consistency in their care, 
and this is a good step toward providing it. While this proposal does 
not address VA direct care, we would be remiss to not remind this 
committee that some of the reasons community care appointments and 
costs are increasing is because VA cannot provide many of these vital 
services. Care in the community is VA care, but providing resources for 
care only in the community and not also for VA direct care can lead to 
a less capable VA, which would be detrimental to veteran care.
    Sec. 101-The VFW supports the codification of access standards for 
the VA Community Care Network (CCN). These access standards have been 
in place for years and, although they were arbitrarily adopted from old 
TRICARE access standards for retirees, the standards have not changed 
and have not been problematic for veterans since the enactment of the 
MISSION Act. The issues with CCN we have heard from our members are not 
due to the geographic or wait times to access this type of care. Enough 
time has passed since the initial implementation that we are 
comfortable codifying these standards.
    Sec. 102--The VFW supports this portion of the bill that would 
require veterans to be notified of eligibility for community care. Too 
many veterans need to advocate on their own to access care in the 
community. If this care is to be provided appropriately to veterans, 
then it should be transparent and accessible and not hidden behind 
levels of bureaucracy.
    Sec. 103--We support this provision to include a veteran's 
preference in the determination for community care. We understand this 
addition does not mean a veteran's preference is the sole factor for 
accessing community care, but it should be part of the consideration.
    Sec. 104--We support this provision to provide a notification of 
denial to veterans.
    Sec. 105--We support this provision to discuss telehealth options 
that are acceptable to veterans.
    Sec. 106--We support this provision to extend the deadline for 
payment claims of providers by an additional 6 months. TITLE II of this 
bill addresses improvements to certain VA mental health treatment 
programs. The VFW is pleased to see language that would improve the 
policies and processes that govern access to VA's Mental Health 
Residential Rehabilitation Treatment Program (MH RRTP) as we recognize 
it needs serious attention. However, we would ask the standards for 
accessing these programs be thoughtfully considered due to their 
different nature. Priority admission standards should be developed 
differently than routine admission standards because many of these 
programs, whether VA-provided or in the CCN, are not local to veterans.
    MH RRTP locations are often secluded and situated in rural areas as 
part of the provided treatments. The fact that they are often 
intentionally situated away from population centers means many veterans 
would automatically be eligible for referral to community-based 
services regardless of where they live. We believe a carefully 
considered combination of wait times and geographic boundaries must be 
considered for routine admissions, rather than arbitrary calculations 
based on entirely different treatment programs such as standard VA 
mental health care.
    Veterans in crisis must receive timely, quality, and consistent 
care that aligns with their needs while also accounting for their 
individual preferences where feasible. We feel the proposed 48-hour 
deadline for residential treatment screening and admissions decisions 
has the potential to save lives and mitigate instances of veterans 
losing trust in VA's ability to provide or facilitate care when they 
need it most. As we collectively look to improve help-seeking behaviors 
among veterans, Congress and VA must ensure resources like these are 
equipped to meet veterans where they are without bureaucratic hurdles 
or inefficiencies undermining such efforts.
    To that end, we would like this committee to consider including a 
provision that also prohibits barriers to accessing the breadth of 
community-based residential treatment programs that are available and 
commonly tailored to veterans. One VFW member recently sought but 
ultimately gave up on receiving residential mental health care through 
VA because the program the provider determined would best meet the care 
needs was in the wrong network. Other available programs that met 
treatment needs and preferences like gender-specific programming were 
similarly out of network.
    With rare exceptions, veterans referred to residential treatment 
via CCN are able to access only programs that are physically located 
within their respective jurisdictions, each of which is managed by 
either Optum Serve or TriWest Healthcare Alliance. While this structure 
works relatively well for common needs like orthopedics and diabetes 
care, the same cannot be said for mental health and substance use 
disorder (SUD) programs that are limited in number, highly specialized, 
and variable in terms of medical expertise and treatment methods. 
Arbitrarily restricting program access based on administrator network 
boundaries limits VA's ability to coordinate timely and appropriate 
residential mental health and SUD care for veterans. While this is not 
in statute, it is in practice at VA and needs to be rectified.
    Sec. 301--The VFW generally supports the idea of this provision but 
would recommend instructing VA, to the extent possible, to purchase an 
existing platform instead of building its own. The existing language in 
this proposal directs VA to develop and implement a plan to establish 
an online interactive self-service module. However, VA is historically 
inept at developing its own IT platforms and a self-service module 
would be a great improvement for VA care, as long as it is done 
properly.
    We support this proposal, and the community care provisions in the 
Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits 
Improvement Act because community care is a program that needs 
improvements. We would be remiss to not mention the underlying cause of 
some community care problems is VA's current inability to perform some 
of this care. VA direct care and community care can complement each 
other to provide a full suite of services for veterans. Often CCN is 
used to relieve the burden of care VA cannot directly provide. But only 
providing additional resources to the community care portion of VA care 
will continue to exacerbate the problems with VA internal capacity. We 
urge this committee to not only fund community care improvements but 
also continue to improve direct VA care so this ``pressure relief 
valve'' is not overused.

H.R. 1041, Veterans 2d Amendment Protection Act

    The VFW supports this proposal to protect Second Amendment rights 
for veterans and to establish due process for those who have been 
assigned fiduciaries by VA before referring them to the National 
Instant Criminal Background Check System (NICS). We supported this bill 
over 15 years ago when this issue was brought to the VFW's attention 
and will continue to support this proposal until it is passed into law.
    The VFW hears from veterans that a negative consequence of VA's 
current practice is that they are hesitant to seek mental health care 
because they fear their firearms will be taken away. This has created a 
significant stigma surrounding mental health and has created a barrier 
to care for many. This perception is difficult to change. The VFW 
continues to encourage veterans to use their earned VA health care, 
including the world-class, veteran-specific mental health services that 
VA provides. The VFW has also been involved in numerous efforts to 
reduce veteran suicide, including urging that veterans in distress 
temporarily give their firearms to a trusted friend or consider using 
trigger locks to lessen the ease of using a firearm to harm themselves. 
The VFW also believes in looking at the economic factors veterans face 
that can put them at risk for death by suicide, as we know suicide is 
not solely a mental health or firearm issue.
    Few veterans that the VFW represents in the VA disability claims 
process are assigned a fiduciary, and of those it is very rare that our 
accredited representatives are asked to assist in appealing the 
decision. Even though we understand the issue of fiduciaries likely 
affects a small percentage of veterans, we argue that every veteran 
deserves protection of their constitutional rights.

H.R. XXX To amend title 38, United States Code, to prohibit the 
Secretary of Veterans Affairs from transmitting certain information to 
the Department of Justice for use by the national instant criminal 
background check system

    The VFW does not support this legislation. As written, the bill 
does not contain safeguards to reasonably ensure that beneficiaries 
with VA-assigned fiduciaries are not a danger to self or others prior 
to removal from NICS.
    Between January 1, 2009, and March 14, 2024, VA referred more than 
258,000 incompetent veteran beneficiaries for inclusion in the NICS 
index. Of this number, nearly 40 percent of these veterans were 
diagnosed with serious conditions like dementia or schizophrenia. 
Accordingly, automatic and unconditional NICS removal of beneficiaries 
with VA-fiduciaries could include people whose underlying injury or 
disease may indicate a heightened threat of harming themselves or 
others. We ask this committee to carefully restore veterans' rights 
while not inadvertently causing them harm.

    H.R. XXX, Student Veteran Benefit Restoration Act of 2025

    The VFW supports this legislation to protect student veterans and 
their earned education benefits from schools that commit fraud. 
Instances of fraud could include United States Code, Title 38, Section 
3696 violations of substantial misrepresentation through advertising, 
marketing, recruiting, and enrollment practices. It would also include 
programs without approval by a State Approving Agency (SAA) and schools 
found guilty of fraud by a court of competent jurisdiction.
    This legislation would require VA to restore the education 
entitlements to the student, and the school would be required to repay 
VA the associated funds it had received. As written and if passed into 
law, the protections would apply to future violations of fraud. We 
recommend including retroactive restoration of education entitlements 
for students who could be affected prior to enactment.
    We also recommend that the provision regarding programs not 
approved by SAAs be clarified. Currently, schools without SAA approval 
do not receive VA education funding. However, if clarified this could 
be a useful protection to students who are unable to complete their 
programs if SAA approval were removed due to fraud after they had 
begun.
    Chairman Bost, Ranking Member Takano, thank you for the opportunity 
to present our views today. I am prepared to answer any questions you 
may have.

 Information Required by Rule XI2(g)(4) of the House of Representatives

    Pursuant to Rule XI2(g)(4) of the House of Representatives, the VFW 
has not received any Federal grants in Fiscal Year 2025, nor has it 
received any Federal grants in the two previous Fiscal Years.

    The VFW has not received payments or contracts from any foreign 
governments in the current year or preceding two calendar years.

                     Prepared Statement of Max Rose

    Chairman Bost, Ranking Member Takano, and distinguished members of 
the Committee, thank you for the opportunity to testify today on these 
important pieces of legislation affecting our Nation's Veterans. It is 
an honor to appear before you, as a senior advisor for Vet Voice 
Foundation, representing nearly 2 million Veterans and military 
families across the country, and drawing on my experience serving in 
the U.S. Army and my ongoing commitment to those who have worn the 
uniform of our Armed Forces.
    People join the service for many reasons and share a common 
experience that those who have not served cannot always understand. 
Themes of dedication, sacrifice, embracing the suck and resilience are 
common among veterans. I witnessed the challenges they encounter upon 
transitioning to civilian life, being suddenly disconnected from those 
they served with. Everything feels harder without your battle buddy, 
but there is a familiarity that comes with Department of Veterans 
Affairs (VA) encounters that can feel a little like being back in the 
ranks, at least that's how it feels to me. But besides just feeling 
good, I want those encounters to work for me and my Veteran peers.
    Like millions of my fellow Veterans, I use the Department of 
Veterans Affairs for my healthcare. My personal experiences with the VA 
have been overwhelmingly positive. I have received high-quality care 
from dedicated professionals who understand the unique needs of those 
who have served. I strongly believe that investing in VA direct care 
should be an imperative, not an afterthought, and must be central to 
any discussion about caring for Veterans. The Veterans community is 
largely united in this view; in a recent VFW survey, Veterans indicated 
overwhelming support for VA to remain our primary deliverer of care.\1\
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    \1\ Statement of Patrick Murray, Director National Legislative 
Service Veterans of the Foreign Wars of the United States, before the 
House Veterans Affairs Committee. 17 December 2024. https://
www.vfw.org/advocacy/national-legislative-service/congressional-
testimony/2024/12/pending-legislation.
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    We shouldn't lose sight that the VA is more than just a healthcare 
provider; it is a system built to serve Veterans in ways no private 
sector model can fully replicate. The goal should not be to shift 
resources away from the VA, but to maintain capacity in-house to ensure 
it remains strong, effective, and capable of meeting Veterans' needs 
now and in the future. I support Veterans' choice and the Community 
Care system as important options to access unique specialties or 
capacity that local VA clinics cannot provide. But I don't believe that 
community care or veteran choice should outweigh the VA system at face 
value because we cannot assume that choice automatically increases 
provider capacity. Many local providers are already backlogged and 
overwhelmed with local patients, resulting in long wait times for 
veterans using community appointments.
    I am gravely concerned by the lack of transparency and uncertainty 
surrounding recent policy changes that directly impact the VA 
workforce. While some positions at the VA were exempted from the recent 
round of personnel reductions, military-centric news agencies have 
reported that employees supporting the Veterans Crisis Line and Vet 
Centers were fired.\2\ Veterans employed by VA, many of them disabled, 
have reported receiving confusing messages about their employment 
status. Some have been ``fired for performance problems'', despite 
receiving consistently excellent performance reviews.\3\ Others 
accepted the deferred resignation offer, and were later told they were 
ineligible, and then fired.
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    \2\ ``VA Crisis Line Employees Among Those Fired Amid Federal 
Workforce Purge.'' Patricia Kime, Military.com, 19 February 2025. 
https://www.military.com/daily- news/2025/02/19/va-crisis-line-
employees-among-those-fired-amid-Federal-workforce-purge.html
    \3\ Examples of Veterans fired by DOGE (not comprehensive list): 
``Disabled vet says he was laid off from Department of Veterans 
Affairs.'' WPTV News, 18 February 2025. https://www.youtube.com/
watch?v=u8fgLmbCUQU. ``Veteran speaks out after job at VA terminated in 
DOGE purge.'' CNN, 19 February 2025. ``He Served Four Tours in Iraq and 
Afghanistan. DOGE Just Fired Him.'' Newsweek, 20 February 2025. https:/
/www.newsweek.com/he-served-four-tours-iraq-afghanistan-doge-just-laid-
him-off-2033503 ``Disabled veteran shares emotional story about being 
fired from Federal job.'' CNN, 19 February 2025. https://www.cnn.com/
2025/02/19/us/video/disabled-veteran-fired-Federal-job-digvid
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    Veterans make up 30 percent of the Federal workforce--far higher 
than their representation in the private sector. More than half of the 
Veterans employed by the Federal Government - about 340,000 - are 
disabled. Federal workforce policy and Veterans policy are thus one and 
the same. Policies that impact the Federal workforce disproportionately 
impact Veterans, and disabled Veterans in particular.\4\ Policies that 
harm the VA workforce are doubly harmful, impacting both the Veterans 
employed by VA, and the Veterans who rely on VA.
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    \4\ Employment of Veterans in the Federal executive branch, Fiscal 
Year 2021. U.S. Office of Personnel Management, November 2023. https://
www.opm.gov/fedshirevets/hiring-officials/ved-fy21.pdf
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    The men and women who serve our Veterans deserve clarity, 
stability, and support. It is incumbent upon this Committee, and every 
elected representative, to demand greater information from the 
administration, to consult closely with your Veteran constituents, and 
to fully assess the potential consequences of the externally directed 
staff reductions before moving forward with the legislation under 
consideration today. I urge great caution before taking any action that 
could undermine the VA's ability to serve those who rely on it.
    I would like to offer some brief comments on the legislation before 
the Committee today.

        H.R. 472, The Restore VA Accountability Act of 2025

        H.R. 472 purports to ensure that VA leadership can take 
        necessary action to address poor performance and misconduct 
        within its workforce while maintaining fairness and due process 
        - a laudable goal, and one we all share.

        Unfortunately, if enacted into law as written, H.R. 472 would 
        be counterproductive. VA already has the authorities it needs 
        to discipline employees and it uses those authorities every 
        day. This bill is a counterproductive attempt to make it 
        ``easier'' to fire employees, but it will only result in 
        lengthy litigation over its unconstitutionality. Litigation 
        arising from VA's use of one section of the Accountability and 
        Whistleblower Protection Act of 2017 resulted in more than $130 
        million taxpayer dollars in settlements with former employees 
        and the reinstatement of over 100 employees who had been 
        terminated using that law.\5\ H.R. 472 arguably raises even 
        more constitutional questions than the 2017 Accountability Act, 
        putting VA at risk of lengthy, costly litigation and 
        undermining its ability to take effective disciplinary action.

    \5\ ``VA reinstated 100 employees fired under widely challenged 
law, paid $134M to hundreds more.'' Jory Heckman, Federal News Network, 
29 October 2024. https://Federalnewsnetwork.com/workforce/2024/10/va-
reinstated-100-employees-fired-under-widely challenged-law-paid-134m-
to-hundreds-more/
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        This bill would also undermine the due process and collective 
        bargaining rights of VA employees compared to other Federal 
        employees.\6\ This would have the effect of driving talented, 
        committed professionals away from the VA, and subjecting more 
        Veterans to diminished quality of care. The VA's ability to 
        recruit and retain skilled professionals is already a 
        challenge, and weakening workplace protections will only 
        exacerbate this issue. Ensuring accountability within the VA is 
        critical, but it must be done in a way that strengthens, rather 
        than weakens, the institution's ability to serve Veterans 
        effectively. One wise step, for example, would be to invest in 
        VA's ability to train HR employees and managers in how to 
        effectively use tried and true Title 5 disciplinary 
        authorities, which already enable VA to remove poor performing 
        employees while respecting civil service protections.
---------------------------------------------------------------------------
    \6\ National Fraternal Order of Police letter opposing the Restore 
VA Accountability Act, 18 July 2023. https://fop.net/letter/h-r-4278-
the-restore-va-accountability-act/National Federation of Federal 
Employees, Statement for the Record, 12 July 2023. https://
docs.house.gov/meetings/VR/VR08/20230712/116186/HHRG-118-VR08-20230712-
SD003.pdf American Federation of Government Employees, Statement for 
the Record, 12 July 2023. https://docs.house.gov/meetings/VR/VR08/
20230712/116186/HHRG-118-VR08-20230712-SD005.pdf

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        H.R. 1041, The Veterans 2d Amendment Protection Act

        As a Veteran, I take the Second Amendment and the rights of 
        those who served very seriously. Protecting the constitutional 
        rights of Veterans is a responsibility we all share, but H.R. 
        1041 is not the right approach. Under current law, certain VA 
        determinations regarding a Veteran's ability to manage their 
        own finances can lead to their information being reported to 
        the National Instant Criminal Background Check System. This 
        safeguard exists to prevent those who may be at risk of harming 
        themselves or others from accessing firearms. While due process 
        concerns deserve attention, this bill eliminates an important 
        mechanism that helps prevent tragedies, without offering a 
        meaningful alternative to protect Veterans in crisis.

        Veterans are at a higher risk of suicide than the general 
        population, and firearm-related deaths account for the vast 
        majority of Veteran suicides. Of the 18 Veteran deaths by 
        suicide every day, 13 are from a self-inflicted firearm injury, 
        according to a 2023 VA suicide prevention report.\7\ Weakening 
        protections designed to identify those at risk could have 
        devastating consequences. Ensuring due process is important, 
        but this bill goes too far by stripping away an essential 
        safeguard without providing any replacement to ensure Veterans 
        who need help receive it.
---------------------------------------------------------------------------
    \7\ 2023 National Veteran Suicide Prevention Annual Report. 
Department of Veterans Affairs, November 2023. https://
www.mentalhealth.va.gov/docs/data-sheets/2023/2023-National-Veteran-
Suicide-Prevention-Annual-Report-FINAL-508.pdf

        Instead of passing legislation that could put more Veterans at 
        risk, Congress should focus on improving mental health 
        services, expanding access to crisis intervention by protesting 
        the recent firing of suicide hotline operators, and ensuring 
        Veterans have the resources they need. Protecting Veterans' 
---------------------------------------------------------------------------
        rights must go hand in hand with protecting their lives.

        Discussion Draft: To amend title 38, United States Code, to 
        prohibit the Secretary of Veterans Affairs from transmitting 
        certain information to the Department of Justice for use by the 
        national instant criminal background check system

        Like H.R. 1041, this proposal shows reckless disregard for 
        Veterans' lives, especially in the context of diminishing 
        support from the administration for VA's suicide prevention 
        programs. This bill would remove an essential safeguard by 
        preventing the VA from reporting veterans who have a disability 
        rating for mental illness to the background check system. The 
        background check system is not about infringing on Second 
        Amendment rights--it is about ensuring that firearms do not 
        fall into the hands of individuals who have been legally 
        determined to be a danger to themselves or others. I support 
        the right to bear arms, but with that right comes 
        responsibility. Responsible gun ownership means recognizing 
        that mental health crises must be taken seriously and that 
        preventing tragedies is more important than rhetoric.

        Regrettably, recent policy changes have resulted in the firing 
        of staff for VA's Veterans Crisis Line. I fear that cuts to VA 
        resources, combined with advancing these proposals, would send 
        a dangerous message to Veterans: that suicide prevention is not 
        a priority. Rather than advancing these proposals, Congress 
        should focus on improving mental health care for veterans, 
        reducing the stigma around seeking help, and ensuring that due 
        process is followed when making determinations about 
        competency. We must not allow a well-intentioned but misguided 
        bill to undo necessary protections that help keep Veterans, 
        their families, and the public safe.

        H.R. 740, Veterans' ACCESS Act of 2025

        I strongly support ensuring that Veterans have the freedom to 
        choose among healthcare services and providers. However, I have 
        grave concerns that this bill would significantly weaken the 
        Veterans care system by diverting critical funding from VA 
        direct care to the private sector, ultimately reducing 
        Veterans' access to the specialized, high-quality care they 
        rely on. The VA was built to serve Veterans with complex, 
        service-related conditions--injuries and illnesses that many 
        private providers are neither equipped nor trained to handle. 
        By allowing Veterans to bypass the VA system without oversight, 
        this bill would accelerate the shift from the VA as a provider 
        of care to merely a payer for private sector services, 
        undermining the very institution designed to serve those who 
        have worn the uniform.

        The consequences of this approach are clear: fewer resources 
        for VA hospitals and clinics, staff reductions, and the closure 
        of vital programs and facilities. Veterans--especially those 
        with service-connected disabilities--will see their choices 
        diminish as the services they depend on disappear. 
        Additionally, the VA plays an essential role in medical 
        research, provider training, and emergency response, all of 
        which will suffer if its funding is drained. Instead of 
        dismantling the VA in the name of choice, Congress should focus 
        on strengthening and modernizing it to ensure Veterans continue 
        to receive the best care possible--care that is tailored to 
        their unique needs and experiences.

        H.R. 1391, Student Veteran Benefit Restoration Act of 2025

    The Student Veteran Benefit Restoration Act, as drafted, is a sound 
proposal and important step in protecting the benefits Veterans earned 
through their service. The GI Bill has long been one of the most 
successful programs in helping Veterans transition to civilian life, 
but it must be protected from bad actors who seek to exploit those who 
have served. Unfortunately, too many Veterans have been cheated by 
predatory for-profit schools that take their benefits while providing 
little or no real education in return. This bill ensures that those who 
were defrauded can have their GI Bill benefits restored so they can 
continue their education and pursue the opportunities they earned 
through their service - a commonsense measure that aligns protection 
for Veterans with those already provided to non-Veteran students under 
Federal loan forgiveness programs.

    As you deliberate on these bills, my guiding principle remains 
steadfast: our Veterans deserve policies that honor their service, 
protect their rights, and provide them with the support they need to 
thrive. I look forward to working with this Committee to ensure your 
legislative efforts achieve our common goals while upholding the trust 
and well-being of our Veterans.
    Supporting and improving the VA is not just a policy decision--it 
is a sacred obligation. This Committee has the weighty responsibility 
of ensuring that obligation is met with the greatest care, diligence, 
and commitment.
    I thank you for your time and look forward to your questions.

                       Statements for the Record

                              ----------                              


            Prepared Statement of Disabled America Veterans

    Chairman Bost, Ranking Member Takano and Members of the Committee:

    Thank you for inviting DAV (Disabled American Veterans) to submit 
testimony for the record of this legislative hearing. As you know, DAV 
is a congressionally chartered and Department of Veterans Affairs (VA) 
accredited veterans service organization. We provide meaningful claims 
support free of charge to more than 1 million veterans, family members, 
caregivers and survivors. We are pleased to provide our views on the 
bills under consideration by the Committee.

          H.R. 472, the Restore VA Accountability Act of 2025

    DAV has consistently advocated for a culture of accountability 
within the VA, where VA employees are held to the highest standards of 
performance and conduct. We applaud the committee for its efforts to 
address longstanding issues within the VA and to ensure that Federal 
employees are responsible for their actions. We concur that bad 
employees must be held accountable to ensure that the best Federal 
employees are serving veterans; however, accountability must include 
due process principles, protecting the rights of employees, including 
veterans, who make up nearly 30 percent of VA's workforce.
    H.R. 472, the Restore VA Accountability Act of 2025, makes several 
changes to the due process of appeals for employees at the VA. The Act 
would allow for expedited disciplinary actions for certain categories 
of VA employees based on substantial evidence of misconduct or poor 
performance. Specifically, the bill would remove the Performance 
Improvement Plan (PIP) requirement and the appellant's review by the 
Merit Systems Protection Board (MSPB).
    Although the goal of the Restore VA Accountability Act is to 
increase accountability by streamlining the disciplinary process and 
ensuring that VA employees who do not meet performance standards or 
engage in misconduct can be held accountable more swiftly and 
effectively, DAV asks the committee to give careful consideration to 
our concerns, which may have an indirect impact on the high quality of 
care and benefits services provided to veterans.
    DAV's major concern is the exclusion of the MSPB from the appeals 
process for Federal employees. The MSPB has historically served as an 
independent and impartial body that reviews agency decisions and 
safeguards employees from arbitrary or unjust actions. By removing the 
MSPB from the appeals process, we risk depriving employees of a crucial 
avenue for redress and oversight.
    Additionally, DAV has concerns with provisions that eliminate the 
necessity for PIPs before any disciplinary measures are taken. PIPs 
provide employees with a fair opportunity to address and correct 
performance issues before facing more severe consequences. Eliminating 
this critical step could lead to unjust disciplinary actions.
    DAV wholeheartedly supports the Committee's commitment to 
accountability within the VA. However, striking a balance between 
holding civil servants accountable for their performance while 
maintaining the VA as an employer of choice for the best and brightest 
to ensure veterans receive the best care and timely services remains 
our priority.
    We firmly believe that due process must not be compromised in 
pursuit of these goals, which has been reiterated within DAV's 
Resolution No. 138 that notes any bill enacted by Congress should 
include standards by which accountability can be measured while 
ensuring due process and fairness for VA employees subject to such 
standards.

                 H.R. 740, Veterans' ACCESS Act of 2025

    The VA health care system is vital to millions of service-disabled 
veterans, offering comprehensive primary care and specialized programs 
tailored to their unique needs. While community care should be 
available as a supplement when the VA cannot provide timely, 
accessible, or high-quality care, it should not replace the VA's 
primary role in delivering and coordinating integrated care for 
enrolled veterans. The lack of expansion in the VA's capacity to meet 
the increasing demand for care has led to an over-reliance on external 
providers. The growing reliance on community care in recent years 
presents significant challenges to this comprehensive, evidence-based 
care model.
    The VA MISSION Act of 2018 (P.L. 115-182) introduced a new process 
for integrating community care with the VA's hospital care, medical 
care, and extended care services, ensuring veterans receive the highest 
standards of care regardless of limitations within the VA health care 
system. The legislation aimed to expand access to non-VA care when 
necessary while strengthening the VA direct care system to meet the 
growing needs of enrolled veterans.
    The Act established the Veterans Community Care Program (VCCP), 
setting wait time and travel distance standards. The goal was to ensure 
the VA maintained overall responsibility for veterans' care by 
coordinating their treatment and requiring community providers to meet 
the same quality standards as VA providers. Unfortunately, the VA has 
yet to implement the intended quality standards for non-VA providers or 
establish a robust care coordination program for veterans receiving 
both VA and community care.
    The Act also included provisions to enhance the VA's internal 
capacity by improving the recruitment, hiring, and retention of 
qualified clinicians and addressing the longstanding neglect of the 
VA's aging health care infrastructure. Without sufficient 
infrastructure and capacity to meet the rising needs of veterans, the 
VA has turned increasingly to community care, which has seen more rapid 
growth than VA services. Despite significant increases in the VA's 
workforce over the past 6 years, the Department's health care 
infrastructure remains critically under-funded.
    H.R. 740, the Veterans' Assuring Critical Care Expansions to 
Support Servicemembers (ACCESS) Act of 2025, aims to improve the 
provision of care and services under the VCCP and enhance veterans' 
health care with defined eligibility standards, mandatory notification 
of eligibility and denial of requests, consideration of veterans' care 
preferences, and extension of claim submission deadlines. It also seeks 
to streamline specialized mental health treatment programs with a 
standardized eligibility process and make improvements to the Mental 
Health Residential Rehabilitation Treatment Program (RRTP). The 
legislation also includes provisions to establish an interactive online 
self-service module for care, change requirements for the Center for 
Care and Payment Innovation (CCPI), and mandate pilot programs and 
reports to ensure effective implementation.
    The ACCESS Act stands to bring substantial changes to the VCCP, 
potentially impacting the VA's mission of delivering timely, high-
quality, veteran-focused health care and services to enrolled veterans. 
As we move forward with proposed program changes, we believe that it is 
essential to appropriately balance the role community care plays in the 
VA's provision of specialized health care and support to our Nation's 
ill and injured veterans.
    The Independent Budget for Fiscal Year 2026-2027--coauthored by the 
DAV, Veterans of Foreign Wars and Paralyzed Veterans of America, calls 
on Congress to ensure that VA remains the primary provider and 
coordinator of care for veterans and that community care is available 
and accessible to veterans as needed to support and supplement VA care. 
With this background and context, DAV offers the following comments and 
recommendations regarding H.R. 740.

Section 101: Codification of Requirements for Eligibility Standards for 
Access to Community Care from the Department of Veterans Affairs

    Section 101 of the bill would codify the minimum access standards 
for community care from the VA including all extended care services, 
except for nursing home care and mandate the VA to review these 
standards with an expanded stakeholder group and report to Congress 
triennially. Provisions in this section would prohibit telehealth 
appointments from fulfilling access standards if an in-person VA 
appointment is unavailable within the standards. It would also require 
that canceled VA appointments restart the wait time calculation from 
the original request date, and any deviations in wait time or distance 
agreed upon by a veteran and their provider must be documented and 
provided to the veteran and apply to all VA care and patients, whether 
new or established.
    DAV has no concerns with codifying the eligibility standards for 
access to community care from VHA, while emphasizing the need for 
thorough and periodic reviews of these standards. However, we strongly 
recommend amending the provision that the Secretary shall not take into 
consideration the availability of telehealth appointments from the 
Department when determining whether the VA is able to furnish such care 
or services. We believe that a telehealth appointment should be 
considered as an option if agreeable with a veteran. Additionally, if a 
veteran is eligible and opts for an in-person community care 
appointment because VA only had a telehealth appointment available, 
that appointment in the community should be for an in-person 
appointment only. Telehealth services would have already been offered 
or provided by the VA under Section 105 of this act, which requires the 
VA to discuss telehealth with veterans as an option for care, both in 
the VA health care system and in the community, if telehealth is 
available, appropriate, and acceptable to the veteran.
    We endorse the mandate in this section of the bill to document 
medical records and make them accessible to veterans through digital 
platforms such as VA.gov, email, and mobile text, except where veterans 
specifically request them and lack digital access.

Section 102: Requirement that Secretary Notify Veterans of Eligibility 
for Care under Veterans Community Care Program

    Section 102 mandates the VA to promptly notify veterans of their 
eligibility for community care. To ensure clarity, we propose that the 
2-day notification requirement includes digital methods, as traditional 
mail may not meet the deadline. We recommend expeditious deployment of 
the External Provider Scheduling (EPS) system within the Community Care 
Network (CCN) to facilitate real-time scheduling when the VA cannot 
provide direct care or meet access standards, thereby enhancing more 
timely and effective communication and care coordination for veterans.

Section 103: Consideration of Veteran Preference for Care, Continuity 
of Care, and Need for Caregiver or Attendant

    Section 103 of the Veterans ACCESS Act would require the VA to 
consider various factors when determining if it is in the best medical 
interest of a veteran to seek care in the community. These factors 
include the veteran's preference for when, where, and how to receive 
care, continuity of care, and the veteran's need or desire for a 
caregiver or attendant to accompany them.
    We have concerns with the definition of veterans' preference for 
where, when, and how to seek hospital care, medical care, or extended 
care services. While we want the veteran's preference to be considered 
when determining the best option for care, the best medical interest 
including the distance to care, the frequency of care, and the 
availability of appointments, should be the primary factors considered, 
as provided in the MISSION Act.

Section 104: Notification of Denial of Request for Care under Veterans 
Community Care Program

    Section 104 mandates that if the VA denies a veteran's request for 
community care, it must provide the veteran with the reason for the 
denial and instructions for appealing the decision through the Veterans 
Health Administration's clinical appeals process. DAV has no concerns 
with this section. In fact, our benefits advocates stand ready to 
assist any veteran with filing a clinical appeal.

Section 106: Extension of Deadline for Submittal of Claims by 
Healthcare Entities and Providers under Prompt Payment Standard

    Section 106 extends the deadline for health care entities and 
providers to submit claims for reimbursement for community care 
services from the current 180 days to up to 1 year after service, 
aligning with industry standards.
    DAV has no concerns with this section, as it provides a more 
flexible timeframe for providers without compromising the timely 
processing of claims or the quality of care for veterans.

Section 202: Standardized Process to Determine Eligibility of Covered 
Veterans for Participation in Certain Mental Health Treatment Programs

    Section 202 would require the VA to establish a standardized 
screening process to determine, based on clinical needs, whether a 
covered veteran satisfies criteria for priority admission to a covered 
residential rehabilitation treatment program (RRTP). As part of the 
evaluation process a veteran must be screened and admitted into a 
program within 48 hours if determined eligible for RRTP. Either a 
veteran or relevant health care provider can make the request for 
admission into a treatment program if they meet criteria for priority 
admission.
    We recommend that the language in this section be amended to 
require that a VA clinician make the determination if the veteran meets 
the eligibility criteria for priority admission within 48 hours of the 
request.
    We appreciate the provision in this section of the bill that 
requires non-department RRTP facilities to be properly licensed by a 
State and accredited by the Commission on Accreditation of 
Rehabilitation Facilities (CARF) or the Joint Commission.

Section 203: Improvements to Department of Veterans Affairs Mental 
Health Residential Rehabilitation Treatment Program

    We appreciate that Section 203 includes requirements for the VA to 
develop a process for assessing the quality of specialized RRTP care 
delivered by both VA and non-VA providers, including the use of 
evidence-based treatments, cultural competency, clinical outcomes and 
oversight, and referral of billing practices.
    The VA is advancing efforts to give veterans faster and simpler 
access to its mental health RRTPs, which provide around-the-clock 
support for substance use disorders, posttraumatic stress disorder, 
depression, and other mental health conditions common among veterans. 
Over 27,000 veterans were treated at VA RRTPs in Fiscal Year 2024, and 
we urge the department to increase its bed capacity to expand these 
critical services.
    The VA's national RRTP conference in September 2024 underscored the 
high priority the VA is giving to fostering more timely access for 
veterans who need these programs. The VA is focused on implementing a 
new centralized screening process for each region. However, there are 
still limits to timely access to these specialized services, and we 
want to ensure veterans do not have barriers to accessing this life-
changing care. Accountability and oversight are paramount to ensure 
facilities meet the quality of care standards, include veteran-centric 
programming, and demonstrate effective patient outcomes.

Section 301: Plan on Establishment of Interactive, Online Self-Service 
Module for Care

    Section 301 mandates the VA to create an interactive, online self-
service module to help veterans schedule appointments, track referrals, 
appeal care denials, and receive reminders for both VA and community 
care appointments.
    DAV is supportive of this effort but suggests that alternative 
methods and adequate support be provided to bridge the digital divide 
and guarantee equitable access to care for all veterans, including 
those living in rural and remote communities.

    Section 302: Modification of Requirements for the Center for 
Innovation for Care and Payment of the Department of Veterans Affairs 
and Requirement for Pilot Program

    Section 302 would require the VA to establish and report to 
Congress on a 3-year pilot program allowing enrolled veterans to access 
outpatient mental health and/or substance use services through 
community care network providers without referral or pre-authorization. 
This pilot program would be conducted in areas with varying degrees of 
urbanization, locations with high rates of veteran suicide, overdose 
deaths, calls to the Veterans Crisis Line, and long wait times for VA 
mental health and substance use disorder services. The VA would also be 
required to develop a care coordination plan with appropriate oversight 
and patient safety plans to monitor and support veterans participating 
in the pilot.
    The bill requires development of robust metrics and measures to 
track and oversee the program's implementation, patient safety, and 
patient outcomes. Annual reports would be required to the Committee on 
Veterans' Affairs, detailing the number of participating veterans and 
health care providers, program effectiveness, costs, and other relevant 
matters.
    We appreciate the intent behind the proposed pilot program aimed at 
improving access to outpatient mental health and substance use services 
for veterans. However, we have significant concerns about the bill's 
lack of a requirement for clinical authorization for such care from the 
VA.
    While we fully support the goal of enhancing access to critical 
mental health and substance use services, the absence of a clinical 
authorization requirement raises serious questions about the quality 
and coordination of care. Clinical authorization is a key element in 
ensuring that veterans receive appropriate, evidence-based treatment 
that is tailored to their individual needs. Without this oversight, 
there is a risk of fragmented care, potential overuse or misuse of 
services, and the potential for insufficient monitoring of treatment 
outcomes.
    The VA has a comprehensive understanding of veterans' unique health 
care needs and a robust system for coordinating care across the system. 
By bypassing clinical authorization, the bill may undermine the VA's 
ability to properly manage and oversee the delivery of care 
effectively. This could result in inconsistent treatment plans, gaps in 
care continuity, and ultimately, negative impacts on veterans' health 
outcomes.
    We recommend that the bill be amended to include a requirement for 
clinical authorization from the VA for all services provided under the 
pilot program. This would ensure that veterans receive high-quality, 
veteran-centric, coordinated care that aligns with best practices and 
leverages the VA's expertise in managing veterans' health care and 
these specialized services. Incorporating this requirement will 
strengthen the program's effectiveness and safeguard the well-being of 
our veterans.
    In conclusion, while we understand and support the intent of the 
pilot program, we urge the Committee to address the critical concern of 
clinical authorization. Ensuring that the VA retains a central role in 
authorizing and coordinating care will enhance the program's success 
and better serve our Nation's veterans. We appreciate the opportunity 
to submit this statement and welcome further discussion on this 
important matter.

          H.R. 1041, the Veterans 2d Amendment Protection Act

                                  and

Discussion draft to prohibit the VA Secretary from transmitting certain 
      information to the Department of Justice for the NICS list.

    The Federal Gun Control Act of 1968, as amended, prohibits certain 
classes of persons from purchasing or possessing firearms and 
ammunition. One of the classes of prohibited persons are those who have 
been ``adjudicated as a mental defective.'' A person may be 
``adjudicated as a mental defective'' if a court, board, or commission 
finds that they are a danger to themselves or others.
    Under the provisions of the Brady Handgun Violence Prevention Act 
of 1993, the Federal Bureau of Investigation (FBI) administers the 
National Instant Criminal Background Check System (NICS) that allows 
federally licensed firearms dealers to perform a required background 
check on potential buyers to ensure they are not prohibited from 
purchasing firearms and ammunition.
    Historically, it has been the VA's policy to submit the names of 
all beneficiaries determined to be incompetent to the Attorney General 
for inclusion in NICS. However, incompetency within VA regulatory 
provisions (38 C.F.R. 3.353) defines a mentally incompetent person as 
someone who because of injury or disease lacks the mental capacity to 
contract or to manage his or her own affairs, including disbursement of 
funds without limitations. It does not address the requirement of a 
finding that they are a danger to themselves and others.
    On March 15, 2024, VA announced that through the remainder of 
Fiscal Year 2024, VA would only report to the FBI NICS in instances 
when VA was aware that a mentally incompetent beneficiary had been 
found by a judicial authority to be a danger to themselves or others. 
While VA implemented this change and updated its electronic reporting, 
on March 11, 2024, VA stopped all weekly reporting to the NICS of 
mentally incompetent beneficiaries.
    These bills focus on two main provisions that are essential to 
protecting veterans from unjust stigmatization and the loss of their 
Second Amendment rights without proper due process:

      The VA Secretary must notify the Attorney General that 
the basis for transmitting personally identifiable information of a 
beneficiary to the Department of Justice (DOJ) for use by NICS does not 
apply, or no longer applies, if such transmittal was solely based on a 
determination to pay benefits to a fiduciary.

      The VA Secretary shall not treat a person as having been 
adjudicated as a mental defective solely on the basis of requiring a 
fiduciary.

    Additionally, the draft bill would require notification of lack of 
basis for the VA to have transmitted a veteran's information to the DOJ 
on or after November 30, 1993, for placement on the NICS solely on the 
basis of a determination by the VA to pay benefits to a fiduciary.
    DAV supports these bills, to ensure that veterans are not unfairly 
stigmatized or deprived of their Second Amendment rights based on VA 
determinations without judicial oversight. Our veterans have dedicated 
their lives to defending the freedoms we hold dear, and it is our 
responsibility to safeguard their constitutional rights in return.

   Discussion Draft, Student Veteran Benefit Restoration Act of 2025

    Veterans have selflessly served our country, and it is our duty to 
ensure they receive the benefits they have earned. Unfortunately, some 
educational institutions have taken advantage of veterans, defrauding 
them of their well-deserved educational assistance.
    This draft bill, the Student Veteran Benefit Restoration Act of 
2025, would restore educational entitlements of those veterans who have 
fallen victim to fraudulent practices and would not be charged against 
their benefit entitlements. This includes periods when the institution 
was not approved or engaged in fraudulent activities. Additionally, 
educational institutions found guilty of fraud would be required to 
repay the VA Secretary any funds received fraudulently. This ensures 
that the burden of fraud is placed on the institutions rather than the 
veteran.
    DAV supports this draft bill based on DAV Resolution No. 238, which 
calls for legislation that reduces and removes barriers to a service-
disabled veteran continuing their education. We must ensure that we are 
protecting veterans and their hard-earned education benefits from fraud 
and deceptive acts.
    Mr. Chairman, this concludes DAV's statement for the record.
                                 

       Prepared Statement of Veterans Healthcare Policy Institute

    Chairman Bost, Ranking Member Takano, and distinguished members of 
the committee:
    On behalf of the Veterans Healthcare Policy Institute, we thank you 
for inviting us to submit a statement for the record for today's Full 
Committee Legislative Hearing on improving the care and services for 
veterans. Many members of our organization are veterans or have family 
members who are veterans. Many of us have had long careers serving 
veterans, published papers on veterans' healthcare in peer-reviewed 
journals, or presented testimony to your committee. In today's 
statement, we wish to convey our appreciation for your leadership and 
commitment to ensuring that veterans receive the highest level of 
health care within the Veterans Health Administration (VHA) and 
supplementary care in the private sector when it's both needed and 
authorized by the VHA.
    While today's hearing considers five bills, we limit our comments 
to only one of them----H.R. 740, the ``Veterans' Assuring Critical Care 
Expansions to Support Servicemembers (ACCESS) Act of 2025.'' We are 
concerned especially about Section 302 of the bill, which puts ideology 
before veterans, and in so doing, will imperil their ability to access 
the full range of health care and services through the VHA system. 
Modifications are recommended. Otherwise, it may be harmful to veterans 
because:

        1. By granting veterans unfettered access to community care, 
        large sums of funding will be diverted from the VHA to the 
        private sector. This will drain VHA coffers, forcing reductions 
        of VHA staff, curtailment of in-house programs, and closures of 
        inpatient units, emergency rooms, and entire facilities.

        2. By allowing veterans' access to private sector healthcare 
        without VHA referral or pre-authorization, the VHA's 
        foundational model of integrated healthcare will be replaced. 
        The VHA healthcare system will transform from its current 
        primary role as a provider of healthcare into a payer for 
        private sector care.

        3. In the name of offering more preference and choice, 
        healthcare options will diminish for veterans. Draining VHA 
        funds means that veterans - especially service-connected 
        veterans who depend on VHA as a provider of high-quality care 
        that is tailored to their needs - will be denied that choice 
        when their preferred programs and facilities are defunded and 
        close.

        4. This bill will make it difficult for the VHA to continue to 
        collect data and conduct research on veterans' complex health 
        conditions. Every VHA patient and their electronic health 
        record is available for analysis, which, for decades, has 
        enabled researchers to make impressive big data breakthroughs 
        on veterans' complex healthcare problems. Those innovations 
        will fade if veterans' care becomes scattered across the 
        private sector where there is no dependable way to study 
        veterans. The bill will also jeopardize the critical role the 
        VHA plays in the training of future healthcare professionals. 
        Further, there will be fewer ER and inpatient beds so that the 
        VHA will be unable to fulfill its Fourth Mission as backup for 
        national emergencies.

    Below, we elaborate on the ramifications of Section 302, as well as 
three other sections of important consequence.

Section 302: Modification of requirements for Center for Innovation for 
Care and Payment of the Department of Veterans Affairs and requirement 
for pilot program.

    This section turbocharges the privatization of the VHA via a pilot 
program that dramatically alters how veterans access mental health and 
substance use disorder (SUD) care. It poses an irreversible threat to 
VHA's survival as an integrated healthcare system.
    Veterans would be allowed to receive unfettered Veterans Community 
Care Program (VCCP) outpatient mental health or SUD care without VHA 
referral and pre--authorization. VHA's primary role would shift to 
paying invoices. Though initially a pilot program, the bill also 
mandates that after 3-years, the VHA develop measures to make the 
program universal for all health conditions across the entire VHA.
    A comprehensive report released last year by six healthcare experts 
warned that community care utilization was endangering the VHA. VCCP 
care has been relentlessly increasing 15-20 percent year after year, 
and by 2022, its share of VHA health dollars reached 44 percent. The 
report concludes that even if no additional changes are made as to who 
is eligible to receive private sector care, the VHA system's future is 
at risk due to this unsustainable growth. Section 302 worsens the very 
issues that concerned the report's authors. By significantly expanding 
VCCP eligibility, it accelerates spending and threatens the long-term 
viability of the VHA.

    Eliminating VHA are as the authorizer of care means that over time 
there will be fewer, not more, options for veterans. When VHA funds are 
diverted to the private sector, millions of veterans who depend on the 
VHA--especially those with service-connected conditions who rely 
exclusively or near exclusively on the VHA for all their health care 
needs--will be deprived of the freedom to choose the VHA when units and 
programs they depend on vanish. Many have catastrophic war-related 
ailments, such as lost limbs, traumatic brain injuries, or a variety of 
toxic exposures, which civilian providers are ill-equipped to 
recognize, much less treat.
    A recent summary of research confirmed yet again that the quality 
of care veterans receive from the VHA is as good as or better than what 
they receive in the community. When the VHA is transformed from 
primarily providing integrated healthcare to an insurance payer for 
care, veterans will be deprived of high quality, patient-centered care 
delivered in a system that has amassed decades of expertise 
understanding, recognizing, and treating their complex health 
conditions. In this new insurance system, everything that is 
indispensable and unique to the VHA will fade-integrated and 
coordinated team-based care, comprehensive prevention screenings, wrap-
around services, veteran-centric specialization, training of providers 
with veteran expertise, and research on veterans' conditions that helps 
all Americans. VHA social work connecting patients to veteran-specific 
follow-up resources for legal, transportation, home health, and housing 
services would wane. Bypassing VA oversight also eliminates traditional 
utilization review functions, which would make the care more expensive 
to taxpayers.
    Siphoning VHA funds will also make it nearly impossible to upgrade 
existing infrastructure required to address the demand for services. 
That demand is continuing to grow. Between August 2022 and 2024, VHA 
experienced a 33 percent increase in enrollment over the previous 2-
year period. The PACT Act of 2022 alone contributed to an influx of 
400,000 newly enrolled veterans with serious toxic exposure-related 
medical conditions.
    Unfettered community care is hugely expensive, and as such, a CBO 
score for this section, and others, is urgently needed.

Section 103: Consideration of veteran preference for care, continuity 
of care, and need for caregiver or attendant.

    This language, for the first time, would allow veterans the option 
to obtain care in the private sector if they express that's their 
``preference'' and it's in their own best interest. The percent of VHA 
veterans potentially eligible for the VCCP will increase from 8133 
percent to 100 percent. The extant standards of the VCCP eligibility 
standards - travel time to or wait time for a VHA appointment - would 
become moot.
    This stipulation violates the core agreement that went into 
drafting the VA MISSION Act language. According to the Independent 
Budget's analysis of the MISSION Act at that time, the ``best medical 
interest'' criterion ``is to be considered when a veteran's health and/
or well-being would be compromised if they were not able to be seen in 
the community for the requested clinical service. When using this 
community care eligibility criteria, the ordering provider should 
include the following considerations: nature or simplicity of service; 
frequency of service; need for an attendant; and potential for improved 
continuity of care. `Best medical interest' is not to be used solely 
based on convenience or preference of a veteran'' (bold emphasis 
added).
    The proposed legislative language will predictably increase the 
proportion of VHA funds flowing to the VCCP. For all the reasons noted 
above, increased spending through the VCCP means that, over time, 
veterans will lose their preferred VHA options that are shuttered.
    Many veterans deeply appreciate the convenience of being referred 
to community care close to home rather than traveling long distances to 
VHA facilities. But when they are polled about preserving the VHA 
system, veterans' priorities are clear. A VFW survey of its members 2 
months ago revealed ``overwhelming support for VA to remain the primary 
deliverer of care for veterans.'' A prior VFW report involving 10,000 
members found that 92 percent explicitly prefer that the VHA to be 
``fixed not dismantled.''
    A Veterans Healthcare Policy Institute report noted that many 
veterans who live in rural areas will have no choice of care providers 
should the VHA be turned into an insurance provider. This is due to a 
long-standing crisis in rural healthcare that now deprives rural 
residents of primary care, mental health care, as well as access to 
hospital, emergency, and pharmacy services. Last month, The Center for 
Healthcare Quality and Payment Reform reported that nearly 200 rural 
hospitals have folded, and over 700 more-a third of all rural hospitals 
in the country-are on the brink of collapse.

Section 202: Standardized process to determine eligibility of covered 
veterans for participation in certain mental health treatment programs.
and
Section 203: Improvements to Department of Veterans Affairs Mental 
Health Residential Rehabilitation Treatment Programs (RRTPs).

    The VA MISSION Act of 2018 mandated uniform quality standards 
across VHA and VCCP providers, as outlined in Section 104 of Sec.  
1703C: ``The Secretary shall establish standards for quality regarding 
hospital care, medical services, and extended care services furnished 
by the Department pursuant to this title, including through non-
Department health care providers pursuant to section 1703 of this 
title.'' The phrase ``Community Care is VA Care'' captures this 
intended equivalency between these two settings-from provider training 
to preventative screenings to overall quality of care. Yet, despite 
this explicit requirement for parity between VA and VCCP services 
(including Residential Rehabilitation Treatment Programs (RRTPs)), that 
has not occurred.
    The ACCESS Act takes an important step to address this gap. A key 
provision requires community RRTPs to obtain accreditation from either 
the Commission on Accreditation of Rehabilitation Facilities (CARF) or 
The Joint Commission (TJC) - bringing them in line with VHA's operating 
RRTP standards. We strongly commend this important step that recognizes 
that there must be one, not two, standards of care.
    That said, achieving true parity across both VHA and community RRTP 
settings requires additional requirements. Those include:

    VHA and VCCP program requirement and certification of:

      A scientific peer-reviewed, evidence-basis for its 
treatment program

      Standardized ratios of licensed practitioners (LPs) to 
residents

      Semi-annual LP peer review quality assurance

      Mandatory VHA training for mental health and substance 
use disorder LPs: 4 hours in relevant patient population care and 4 
hours in military culture

      Discharge planning commencement within first week after 
veterans are admitted to the program

      Mental health and substance use assessments for veterans 
at program entry, exit, and 6-months post-discharge

      Submission of veterans' outcome data to VHA for analysis 
and public reporting on the Access to Care website

    Further, this section has no mandated utilization review and 
approval once a veteran enters a VCCP RRTP. The default length of VCCP 
RRTP stays should not be 90 days, which this section tacitly abets. 
Regular utilization review by VHA and approval for extended care, as is 
standard medical practice, should be required.
    Finally, the section's requirement for real-time tracking and 
public reporting of RRTP wait times, for both VHA and community 
facilities, will empower veterans to make informed healthcare 
decisions. However, veterans also deserve transparent information about 
their providers' qualifications, training, and competency in addressing 
specific health concerns. We recommend that VHA gather and publicly 
share this information too.

Section 101: Codification of requirements for eligibility standards for 
access to community care from Department of Veterans Affairs.

    Among its key provisions, this section would prohibit VHA from 
considering the availability of a telehealth appointment as satisfying 
the access standards.
    We fully support giving veterans who prefer in-person care the 
option of in-person community care when VHA cannot meet access 
standards. However, for veterans who seek telehealth appointments, 
community care telehealth should only be offered if VHA cannot provide 
telehealth care within the standard timeframe. Such an approach manages 
resources fairly and effectively.
    When establishing the VA MISSION Act eligibility rules, the VHA 
made a significant oversight: they did not include the availability of 
VHA telehealth when calculating distance or wait times for care. This 
was a shortsighted decision that has had serious negative consequences. 
By not considering telehealth options, the VHA has unnecessarily 
limited veterans' access to quality healthcare while wasting taxpayer 
money. Telehealth is a valid means of providing health care to veterans 
who prefer that option. In a survey of veterans engaged in mental 
health care, 80 percent reported that VHA virtual care via video and/or 
telephone is as helpful or more helpful than in-person services. And 
yet, because of existing regulations, VHA telemental health does not 
qualify as access, resulting in hundreds of thousands of visits being 
outsourced yearly to community practitioners that could be 
expeditiously and beneficially furnished by VHA clinicians. The best 
action that Congress can take is to stipulate that VHA telehealth care 
constitutes ``access to treatment.'' If implemented, this correction 
would save taxpayers a vast sum--up to 1.1 billion dollars annually 
according to a VA's September 2022 ``congressionally Mandated Report: 
Access to Care Standards.''
    Our organization is happy to support legislation that encourages 
the judicious use of the private sector to ``support, not supplant'' 
VHA healthcare. We also back legislation that ensures VHA has robust 
resources needed to care for current and future cohorts of veterans.
    We respectfully thank you for the opportunity to provide our 
perspectives on these essential matters. We look forward to working 
with the committee to ensure that veterans can receive timely, high-
quality compassionate care in the VHA and the community now and in the 
future.
                                 

            Prepared Statement of Whistleblowers of America

    Chairman Kiggans and Ranking Member Ramirez:

    Whistleblowers of America (WoA) appreciates the opportunity to 
provide this statement for the record. WoA has worked with this 
committee since 2019 on issues related to the Department of Veterans 
Affairs' (VA) employees and the Office of Accountability and 
Whistleblower Protection (OAWP). We are grateful for the opportunity to 
review and respond to legislative efforts so that the voices of so many 
can be heard. WoA, incorporated in 2017, has connected with thousands 
of whistleblowers seeking peer support from government agencies across 
the country and varies Federal positions. They provide medical care in 
clinics and hospitals. They are scheduling appointments or operating x-
ray equipment. They are police patrolling facilities or managers 
operating voluntary services.
    The WoA primary mission is focused on mental health because 
retaliation is a traumatic stressor that can lead to posttraumatic 
stress disorder, depression, and anxiety- and as you are aware, 
suicide. This is the Committee that also passed the Dr. Chris 
Kirkpatrick Whistleblower Protection Act of 2017. Today, I ask you to 
call upon Dr. Kirkpatrick's memory and his VA experience as a 
psychologist turned whistleblower who shot himself in his living room 
after experiencing some of the same maltreatment that this Committee is 
now calling for in the Restore Department of Veteran Affairs 
Accountability Act 2025. Dr. Kirkpatrick should have known about his 
appeal rights. He should have been afforded the due process opportunity 
that the laws would have provided him when he raised concerns about his 
patients being overly prescribed psychotropic drugs. Dr. Kirkpatrick 
might still be alive today if he had been supported through the process 
and not vilified. How many other VA employees are like Dr. Kirkpatrick? 
I have jointly written to this Committee with the brother of Dr. 
Kirkpatrick asking for a full accountability for the enactment of this 
act, but we have seen no real action to prevent staff from dying by 
suicide or to report on the suicides by employees.
    There is no doubt that there is fraud, waste, and abuse at VA. WoA 
has called out wrongful deaths, substandard care, fraudulent data, 
sextortion, discrimination, and contract manipulation. We have 
advocated for better oversight by the Office of Inspector General (OIG) 
and greater independence for the OAWP to assist claimants, but for the 
Office of Special Counsel (OSC) to take over the investigative mission. 
There is wasteful duplication between OAWP and OSC, with the OSC having 
greater authority to assist. During previous hearings, I have raised 
issues related to the lack of timeliness, unclear processes, misaligned 
staffing, and poor performance in assisting whistleblowing employees as 
well as the disconnect between the OAWP, OIG and the OSC. I have 
previously suggested that VA be mandated to:

        1. Publish a whistleblower policy and be transparent with data 
        requested from the veteran community;

        2. Utilize properly trained, independent, and unbiased staff 
        for investigations; and have timely sanctions for retaliators;

        3. Track OIG recommendations and hold accountable VA leaders 
        for implementing those recommendations, which can otherwise be 
        shelved and ignored ;

        4. Abolish OAWP investigations and transfer resources to the 
        Office of Special Counsel (OSC);

        5. Allow VA employees to take their cases to civilian Federal 
        courts and provide them with access to legal counsel and/or 
        support when they file retaliation claims;

        6. Remove VA Police from the Department and transfer their 
        authority to the Department of Justice similar to other Federal 
        agents. Police should not have to get permission from medical 
        center directors to investigate crimes or be obstructed in 
        their pursuit of justice.\1\
---------------------------------------------------------------------------
    \1\  Retired Special Agent Bruce Sackman describes the impact of 
Medical Center Directors who have control over the investigative 
process as potentially obstructive and impairing to investigations to 
protect their reputations and bonuses in his book, ``Behind the Murder 
Curtain.''

    Additionally, according to 38 U.S. Code Sec.  5103A, the VA has a 
duty to assist claimants. The law states that, ``The Secretary shall 
make reasonable efforts to assist a claimant in obtaining evidence 
necessary to substantiate the claimant's claim for a benefit under a 
law administered by the Secretary.'' A claimant is defined as any 
individual submitting a claim for benefits under the law administered 
by the Secretary. In creating the OAWP, there should be an inherent 
duty to assist the claimant, which would mean that an employee filing a 
claim should be entitled to the same assistance as veterans. This 
---------------------------------------------------------------------------
should include:

    1. Explaining the level of evidence necessary to substantiate a 
claim against an alleged perpetrator;

    2. Assisting with obtaining the necessary evidence to substantiate 
the violation of laws, rules, court opinions or regulations;

    3. Helping document retaliation by using the Occupational Safety 
and Health Administration (OSHA) description;

    4. Offering options and transparency for remedies and settlement 
agreements, which this Committee has also previously advocated during 
hearings;

    5. Establishing an independent mentor program with training and 
education in peer support and a trauma-informed framework as described 
by the Substance Abuse Mental Health Services Administration (SAMHSA).

    WoA understands the frustrations that this Committee feels when 
dealing with the wrongs at VA, but the removal of due process rights 
outlined in Restore Department of Veteran Affairs Accountability Act of 
2025 is not the most effective means to confront these problems. As we 
have seen since the Accountability and Whistleblower Protection Act of 
2017 passed, its implementation has been highly controversial, marked 
by the use of ``hit lists,'' and OSC/MSPB reversals and as POGO 
observed in 2020,\2\ a ``terrified'' workforce is not effective. 
Removing appeal rights harms those individuals and the veteran programs 
that they championed. We have seen dozens of these cases, and once 
adjudicated, it is often discovered that the whistleblower was not the 
problem - it was a supervisor or a senior leader covering up crimes. 
Property stolen from VA is a crime, drug diversion is a crime, and 
contract steering is a crime. Let the OIG and VA police have the power 
to investigate and charge criminals. Make these systems more effective 
and mandate that the VA ensures that perpetrators (employees and 
contractors) are not only terminated but also pay their fines to the 
Department of Treasury Judgement Fund, which they do not currently do. 
That is millions of dollars being lost to the Treasury.
---------------------------------------------------------------------------
    \2\ https://www.pogo.org/investigations/terrified-of-retaliation-
inside-veterans-affairs-whistleblower-office
---------------------------------------------------------------------------
    The US Surgeon General Framework \3\ on Workplace Mental Health and 
Well-being Report describes these attributes as facilitating workplaces 
which protect from harm, have opportunities for growth, encourage work-
life harmony, support connection and community, and engage employees 
with dignity and meaningful work. These are not novel ideas. They are 
based on decades of research on organizational safety and development. 
They come from business management leaders like Edward Deming \4\, 
Donald Berwick \5\, Kurt Lewin \6\ and of course Malcolm Baldridge and 
the National Quality Award \7\ that VA competes in. These are the types 
of tools needed to manage an effective workforce. Treating every 
employee like a criminal will disincentivize initiative, create more 
bystanders, and will distract them from the mission of caring for my 
fellow veterans. Every day, there are VA employees who go the extra 
mile to provide care, listen to problems, assist with appointments, and 
adjudicate benefits. Most of the problems veterans encounter at VA 
occur when employees are hamstrung by policies and procedures that do 
not allow them to think or act outside the box. They must clear 
computer alerts before listening to a patient's problems, cancel 
appointments because there are staffing shortages, and deny benefits 
because the record is unavailable. Suicidal veterans are prescribed 
medication and sent home when there are not enough VA beds available 
for admission and the community is already on diversion. Community Care 
has created new levels of access but also dysfunction when community 
providers cannot see VA records. As a result, care is denied or 
repeated tests and treatments that are unnecessary and wasteful are 
prescribed. To quote The American Legion, VA is a ``system worth 
saving,'' but the system is only as strong as its workforce. We must 
protect and assist those employees who dedicate their professional 
selves to it. There is no ``us/them.'' VA employees are often veterans 
themselves or the spouses, sons, daughters, grandchildren, or siblings 
of a veteran or active duty service member. They are Reservists, 
Guardsmen, former VA interns, or individuals who have undergone a 
prolonged hiring process to get the jobs that they hold dear. Many of 
these employees have participated in the Department of Defense 
SkillBridge program, taken college courses on Military/Veteran Cultural 
Competency, and/or have been active in VA Voluntary Services. They have 
been trained by the Veterans Experience Office (VEO) to ensure veterans 
are satisfied customers. The VEO tools are available within VA to 
improve employment engagement and ensure organizational effectiveness. 
Let's trust that process and those teaching tools.
---------------------------------------------------------------------------
    \3\ https://www.hhs.gov/surgeongeneral/reports-and-publications/
workplace-well-being/index.html
    \4\ https://deming.org/explore/fourteen-points/
    \5\ https://hcp.hms.harvard.edu/people/donald-berwick
    \6\ https://practicalpie.com/lewins-change-theory/
    \7\ https://asq.org/quality-resources/malcolm-baldrige-national-
quality-award
---------------------------------------------------------------------------
    Finally, above all else, lets uphold the 5th Amendment of the US 
Constitution, which states that no person shall be ``...deprived of 
life, liberty, or property without due process of law.'' This provision 
protects Federal employees from discriminatory practices that include 
terminations and other adverse employment decisions without due process 
of law including judicial review. Federal employees are afforded these 
protections as an incentive for a speak up culture that can call out 
corruption without fear of retribution. VA employees take an oath to 
``support and defend the Constitution.'' They should not be excluded 
from these most basic constitutional rights, especially since so many 
of them fought for these rights and their families sacrificed to 
protect America. Now is not the time to alienate them from those 
lawfully protected rights. President Lincoln once called upon this 
Nation to be ``Highly resolve that these dead shall not have died in 
vain - that this Nation, under God, shall have a new birth of freedom - 
and that the government of the people, by the people, for the people, 
shall not perish from the earth.'' (Gettysburg, November 19, 1863). 
These are our people. These are their rights.

    Thank you.
                                 

          Prepared Statement of Paralyzed Veterans of America

    Chairman Bost, Ranking Member Takano, and members of the committee, 
Paralyzed Veterans of America (PVA) would like to thank you for the 
opportunity to submit our views on some of the pending legislation 
impacting the Department of Veterans Affairs (VA) that is before the 
committee. No group of veterans understand the full scope of benefits 
and care provided by the VA better than PVA members--veterans who have 
incurred a spinal cord injury or disorder (SCI/D). We appreciate the 
opportunity to offer our observations on some of the legislation being 
discussed during today's hearing.
    VA's SCI/D system of care is the crown jewel of the VA's health 
care system. It is unequaled in the care it provides to paralyzed 
veterans. There are no comparable systems of such care in either the 
private sector or the world. PVA's number one priority is to protect 
this system of care. Access to the care it provides is the difference 
between life and death for our members. We will strongly oppose any 
efforts that seek to dismantle the VA's SCI/D system of care. This 
includes starving the system through efforts that prevent proper 
staffing, ignoring critical infrastructure needs, and limiting 
available financial resources that are crucial for purchasing items, 
such as wheelchairs and other assistive devices that support PVA 
members' independence and well-being. PVA members want to receive their 
care at the VA because it is the best care available for them.

H.R. 472, the Restore VA Accountability Act of 2025

    PVA supports efforts like the Restore VA Accountability Act to 
ensure proper accountability at all levels of the VA. Throughout the 
years, there have been unfortunate instances where those serving in 
leadership positions at the department have failed to fulfill the 
responsibility of their positions and steps should have been taken to 
remove them. We believe the VA Secretary should have the ability to 
remove bad actors from the department; however, we would not support 
abusing authorities like this proposal to arbitrarily remove competent 
and capable employees simply as a cost-cutting measure or in 
furtherance of any discriminatory purpose. If the VA or any other 
Federal agency needs to remove someone from their position, they must 
follow established procedures designed to protect the rights of workers 
and the government alike. It also ensures that veterans' access to care 
and benefits is not harmed due to inappropriate removals of staff who 
support these crucial services.

    H.R. 740, the Veterans' ACCESS Act of 2025

    PVA supported the passage of the VA MISSION Act of 2018 (P.L. 115-
182), which reformed VA's ability to provide timely access to care and 
modernize its health care infrastructure. Of particular importance to 
PVA were the bill's provisions that increased VA's internal capacity to 
provide care by improving the recruitment, hiring, and retention of 
highly qualified clinicians; expanded eligibility for VA's Program of 
Comprehensive Assistance for Family Caregivers; and established a 
process to address the department's aging health care infrastructure.
    While the MISSION Act also allowed greater numbers of veterans to 
receive care in the community, it was never intended to replace or 
undermine VA's health care system. Also, PVA firmly believes VA is the 
best health care provider for disabled veterans, particularly those 
with catastrophic disabilities. More importantly, our members 
consistently choose VA's SCI/D system of care, because it provides a 
coordinated life-long continuum of services that has increased the 
lifespan of these veterans by decades.
    Beyond the loss of use of arms and legs, SCI/D can affect other 
body systems, including skin, bowel, bladder, and breathing. SCI/D 
demonstrates the interconnectedness of our body's systems, where damage 
to one part of the body can affect other aspects of it. Because SCI/D 
has profound and lasting effects, disrupting both physical and 
neurological functions, seeing a provider who understands the impact on 
each body system is a vital necessity. Most community care providers 
lack the knowledge, expertise, and time to properly understand the 
impact of SCI/D on body systems. While the overwhelming majority of our 
members rely on VA's SCI/D system of care, PVA supports the Veterans' 
ACCESS Act but we offer some thoughts on its individual sections as 
follows:

    Section 101: Although we do not believe codifying access standards 
would improve veterans' access to care, lower wait times, improve 
quality, or produce better health outcomes, particularly for veterans 
with catastrophic disabilities, we do not oppose formalizing the access 
standards for care received in the community.

    Section 102: We support requirements for the VA to notify veterans 
of their eligibility for care under the Veterans Community Care 
Program. However, under no instances should a veteran be forced to 
accept care in the community if they request care at a VA facility.

    Section 103: We support the requirement that a veterans' 
preferences in regard to how, when, and where they receive their health 
care be considered, including whether they require the assistance of a 
caregiver, whenever they are seeking hospital care, outpatient care, or 
extended care services. We understand that the veteran's preference is 
not the sole factor in determining a veteran's access to community 
care, but it should be part of the consideration. Many of our members 
require the assistance of a caregiver, and we are pleased to see that 
recognition included here.

    Section 104: We strongly believe that the VA should provide denials 
in writing not only when requests to access care in the community are 
denied, but also for all other decisions that affect veterans' access 
to care.

    Section 105: As health care delivery evolves, we believe veterans 
should be afforded access to telehealth options. Therefore, we support 
requirements for VA to better inform veterans about telehealth 
appointment availability, but veterans should not be required to use 
telehealth if they would prefer an in-person appointment.

    Section 106: PVA does not object to extending the deadline for 
health care entities and providers to submit claims.

    Section 202: PVA supports efforts like those described in this 
section to improve and standardize VA's processes to determine a 
veteran's eligibility for priority or routine admissions into a covered 
treatment program.

    Section 203: We agree with the intent of this section. However, 
homogenizing policies and procedures for VA's mental health Residential 
Rehabilitation Treatment Programs (RRTP) should be carefully thought 
out, and must include an assessment of its availability within VA's 
health care system and community health care facilities. Unfortunately, 
for veterans with SCI/D, such care is non-existent within VA and the 
community if they require assistance with other health conditions, such 
as regular bowel and bladder care. It is a well-established fact that 
depression is strongly associated with poor health outcomes and 
exposure to higher pain levels often trigger depression among members 
of the SCI/D community. Having a history of mental illness or substance 
abuse, current mental illness other than depression, and current abuse 
of alcohol or illegal substances are also risk factors for depression 
among the SCI/D community. Substance use disorders are prevalent and 
associated with poor outcomes in individuals with SCI/D, with 14 
percent of individuals with SCI/D reporting significant alcohol-related 
problems and 19.3 percent reporting heavy drinking. With its expertise 
in SCI/D care, the VA is uniquely positioned to provide this level of 
care for these veterans and should be directed to do so as part of this 
legislation.

    Section 301: We agree that VA should establish an interactive, 
online self-service module to allow veterans to request and track their 
appointments and their referrals for VA community care. Any such 
system, however, must meet disability access standards to ensure 
veterans with visual, hearing, cognitive, dexterity, and other 
impairments are able to independently use it.

    Section 302: PVA believes that VA-direct care is the best care for 
veterans who need specialized health care services. However, we support 
improved access to community outpatient mental health and substance use 
services for veterans, when appropriate. Any efforts to extend the 
pilot program in (c), following its completion, must carefully consider 
any protections that would be required to ensure there is no 
degradation of care provided in the VA for these or any other 
conditions on which veterans, including those with the most significant 
disabilities, rely. VA is a coordinated care system and how expanded 
access to community care fits into that system must be well thought 
out. The pilot program at (c) could begin to explore several of these 
potential issues by including provisions that address elements like 
whether treated conditions must be service-connected, the veteran's 
prior use of VA health care, how and whether other payment remedies 
must be attempted first, defining reasonable values for reimbursement, 
and setting standards for notifying VA about when community-based care 
has been scheduled or received. [Many of these factors have been 
established in the statute (38 U.S. Code Sec.  1725) and regulation (38 
CFR Sec.  17.120) that govern veteran use of non-VA emergency care 
facilities.

    Based on outreach from our members, most veterans with SCI/D want 
to receive their care at a VA facility. So, if Congress is sincere 
about improving access to care, this committee must also take 
meaningful steps to strengthen VA's internal capacity, in particular, 
the department's specialized services like SCI/D and blind 
rehabilitation. Also, there must be meaningful discussions about what 
can be done to address VA's infrastructure backlog, which was a primary 
goal of the MISSION Act.

H.R. 1041, the Veterans 2d Amendment Protection Act

    PVA supports the Veterans 2d Amendment Protection Act. We believe 
the VA's current practice of reporting veterans who need assistance 
managing their VA benefits and finances to the FBI's National Instant 
Criminal Background Check System, without a court of law finding that 
the veteran is a danger to themselves or others, violates their 
constitutional rights because of a disability.

H.R. 1391, the Student Veteran Benefit Restoration Act of 2025

    PVA supports this legislation which would restore benefits to 
students who were using their VA education benefits at an institution 
of higher learning if they were victims of fraudulent activities, 
including substantial misrepresentation through advertising, marketing, 
recruiting, and enrollment practices. However, we feel the bill could 
be improved by amending the language so the change is applied 
retroactively, and clarifying which programs would not be eligible for 
reimbursement.
    PVA would once again like to thank the committee for the 
opportunity to submit our views on some of the bills being considered 
today. We look forward to working with you on this legislation and 
would be happy to take any questions for the record.

  Information Required by Rule XI 2(g) of the House of Representatives

    Pursuant to Rule XI 2(g) of the House of Representatives, the 
following information is provided regarding Federal grants and 
contracts.

                            Fiscal Year 2025

    Department of Veterans Affairs, Office of National Veterans Sports 
Programs & Special Events----Grant to support rehabilitation sports 
activities--$502,000.

                            Fiscal Year 2023

    Department of Veterans Affairs, Office of National Veterans Sports 
Programs & Special Events----Grant to support rehabilitation sports 
activities--$479,000.

                            Fiscal Year 2022

    Department of Veterans Affairs, Office of National Veterans Sports 
Programs & Special Events----Grant to support rehabilitation sports 
activities--$ 437,745.

                     Disclosure of Foreign Payments

    Paralyzed Veterans of America is largely supported by donations 
from the general public. However, in some very rare cases we receive 
direct donations from foreign nationals. In addition, we receive 
funding from corporations and foundations which in some cases are U.S. 
subsidiaries of non-U.S. companies.

 Prepared Statement of National Association of Veterans' Research and 
                         Education Foundations
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

 Joint Letter from the U.S. Department of Veterans Affairs Labor Unions
[GRAPHIC] [TIFF OMITTED] T9865.036

[GRAPHIC] [TIFF OMITTED] T9865.037

Prepared Statement of American Federation of Government Employees, AFL-
                                  CIO
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

          Prepared Statement of Concerned Veterans for America
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

       Prepared Statement of National Association for Gun Rights
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

   Letter from the Everytown for Gun Safety Submitted by Mark Takano
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

 Letter from the National Fraternal Order of Police Submitted by Mark 
                                 Takano
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


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