S.Hrg.119-87

1[Senate Hearing 119-87]2[From the U.S. Government Publishing Office]34                                                         S. Hrg. 119-8756                HEARING TO CONSIDER PENDING NOMINATIONS78=======================================================================910                                HEARING1112                               BEFORE THE1314                     COMMITTEE ON VETERANS' AFFAIRS15                          UNITED STATES SENATE1617                    ONE HUNDRED NINETEENTH CONGRESS1819                             FIRST SESSION20                               __________2122                              JUNE 4, 202523                               __________2425       Printed for the use of the Committee on Veterans' Affairs2627              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]2829        Available via the World Wide Web: http://www.govinfo.gov30                                ______3132                   U.S. GOVERNMENT PUBLISHING OFFICE333460-596 PDF                 WASHINGTON : 20253536                 SENATE COMMITTEE ON VETERANS' AFFAIRS3738                     Jerry Moran, Kansas, Chairman39John Boozman, Arkansas               Richard Blumenthal, Connecticut,40Bill Cassidy, Louisiana                Ranking Member41Thom Tillis, North Carolina          Patty Murray, Washington42Dan Sullivan, Alaska                 Bernard Sanders, Vermont43Marsha Blackburn, Tennessee          Mazie K. Hirono, Hawaii44Kevin Cramer, North Dakota           Margaret Wood Hassan, New45Tommy Tuberville, Alabama              Hampshire46Jim Banks, Indiana                   Angus S. King, Jr., Maine47Tim Sheehy, Montana                  Tammy Duckworth, Illinois48                                     Ruben Gallego, Arizona49                                     Elissa Slotkin, Michigan5051                     David Shearman, Staff Director52                Tony McClain, Democratic Staff Director5354                            C O N T E N T S5556                              ----------5758                              June 4, 20255960                                SENATORS6162                                                                   Page63Hon. Jerry Moran, Chairman, U.S. Senator from Kansas.............     164Hon. Richard Blumenthal, Ranking Member, U.S. Senator from65  Connecticut....................................................     466Hon. Tommy Tuberville, U.S. Senator from Alabama.................     867Hon. Patty Murray, U.S. Senator from Washington..................     968Hon. Margaret Wood Hassan, U.S. Senator from New Hampshire.......    1169Hon. Angus S. King, Jr., U.S. Senator from Maine.................    1270Hon. Mazie K. Hirono, U.S. Senator from Hawaii...................    1471Hon. Tammy Duckworth, U.S. Senator from Illinois.................    167273                                NOMINEES7475                                Panel I7677Hon. Cheryl Mason, Nominee To Be Inspector General, U.S.78  Department of Veterans Affairs.................................     27980                                Panel II8182Don Bergin, Nominee To Be Assistant Secretary for Congressional83  and Legislative Affairs, U.S. Department of Veterans Affairs...    208485                                APPENDIX8687                           Opening Statement8889Hon. Richard Blumenthal..........................................    359091                              Introducers9293Hon. Thom Tillis, U.S. Senator from North Carolina...............    419495Hon. John Cornyn, U.S. Senator from Texas........................    459697                          Nomination Material9899Hon. Cheryl Mason, Nominee100101  Prepared statement.............................................    49102103  Response to Pre-Hearing Questions for the Record submitted by:104105    Hon. Jerry Moran.............................................    52106107    Hon. Richard Blumenthal......................................    58108109  Response to Questions for the Record submitted by:110111    Hon. Richard Blumenthal......................................    66112113    Hon. Angus S. King, Jr.......................................    78114115    Hon. Marsha Blackburn........................................    82116117    Hon. Bill Cassidy............................................    84118119  Questionnaire for Presidential Nominees........................    85120121                      Nomination Material (cont.)122123Don Bergin, Nominee124125  Prepared statement.............................................   115126127  Response to Pre-Hearing Questions for the Record submitted by:128129    Hon. Jerry Moran.............................................   119130131    Hon. Richard Blumenthal......................................   125132133  Response to Questions for the Record submitted by:134135    Hon. Richard Blumenthal......................................   132136137  Questionnaire for Presidential Nominees........................   133138139                       Submissions for the Record140141Excerpt provided by Senator Duckworth of Public Law 110-409,142  Section 3(b), ``Inspector General Act of 1978''................   147143144Government Executive article ``VA forces staff in workforce145  reduction discussions to sign non-disclosure agreements''......   148146147The New York Times article ``8 Inspectors General Fired by Trump148  File Lawsuit Seeking Reinstatement''...........................   150149150The New York Times article ``Fired Inspectors General Raise151  Alarms as Trump Administration Moves to Finalize Purge''.......   153152153Senator Blumenthal letter dated May 22, 2025 to The Honorable154  Tammy Hull, Acting Chair, Council of the Inspectors General on155  Integrity and Efficiency (CIGIE)...............................   159156157Council of the Inspectors General on Integrity and Efficiency158  (CIGIE) response to Senator Blumenthal letter dated May 22,159  2025...........................................................   161160161Government Executive article ``NDAs for VA employees working on162  staff reduction plans prompts House Dems probe''...............   165163164Government Executive article ``Trump's picks for oversight roles165  will jeopardize independent scrutiny of government operations,166  watchdog group says''..........................................   167167168Government Executive article ``VA blocks its benefits employees169  from speaking freely to the department's lawyers''.............   170170171                      HEARING TO CONSIDER PENDING172                              NOMINATIONS173174                              ----------175176                        WEDNESDAY, JUNE 4, 2025177178                                       U.S. Senate,179                            Committee on Veterans' Affairs,180                                                    Washington, DC.181    The Committee met, pursuant to notice, at 4:06 p.m., in182Room SR-418, Russell Senate Office Building, Hon. Jerry Moran,183Chairman of the Committee, presiding.184185    Present: Senators Moran, Tuberville, Blumenthal, Murray,186Hirono, Hassan, King, and Duckworth.187188             OPENING STATEMENT OF HON. JERRY MORAN,189               CHAIRMAN, U.S. SENATOR FROM KANSAS190191    Chairman Moran. Good afternoon, everyone. This hearing will192come to order. Good afternoon and thank you for your presence193here today. We're going to consider the nominees for the VA194Inspector General and the Assistant Secretary for Congressional195and Legislative Affairs. We'll do so respectively, two196different panels. These are two really important and I think197difficult positions, and I'm pleased to have two candidates198that are committed to--for our consideration, to pursue and199perform these duties of these positions.200    I've spoken many times here in this hearing and elsewhere201about the importance of having a Senate-confirmed Inspector202General. The IGs work is essential to identifying areas where203the VA is falling short, and this Committee's job would be much204harder without the help of an Inspector General.205    Before us today is a lawyer, a military spouse, a leader206who has been appointed to high level positions within the VA by207both President Biden and President Trump, and I look forward to208hearing this afternoon how Cheryl Mason, the nominee for VA209Inspector General, would continue the IGs independent210oversight, if she's confirmed.211    Similarly, I look forward to hearing how Don Bergin, the212nominee to be Assistant Secretary of Congressional and213Legislative Affairs would improve transparency, timeliness, and214substance of the VA's communications with this Committee and215Congress as a whole, if he is confirmed.216    Regardless of which party is in the White House, or which217party has control of Congress, the Department of Veterans218Affairs has never been as open and as forthcoming as they219should be. I'm hopeful that Don, a veteran lawyer and former220congressional liaison for the Marine Corps, and a former Senate221staffer, will be able to detail his plans for helping the VA222quickly improve on that front in his testimony today.223    I appreciate both nominees and their family members for224being here today, and for their interest in taking on these225roles. In the absence of Senator Blumenthal, Senator Murray,226anything you want to say?227    Senator Murray. I will just ask to put his statement in the228record, and welcome Ms. Mason to the Committee.229    Chairman Moran. Without objection.230231    [The opening statement of Senator Blumenthal appears on232page 35 of the Appendix.]233234    Senator Tillis and Senator Cornyn had planned on being here235today to introduce Ms. Mason and Mr. Bergin, but due to their236scheduling circumstances are unable to join us. And I ask237unanimous consent that their statements be submitted for the238record. Without objection.239240    [Introduction statements from Senator Tillis and Senator241Cornyn appear on pages 41 and 45 of the Appendix.]242243    Chairman Moran. Ms. Mason, before being recognized for your244opening statement, please stand and raise your right hand. Do245you solemnly swear or affirm that the testimony you're about to246give before the United States Senate Committee on Veterans247Affairs will be the truth, the whole truth, and nothing but the248truth, so help you God?249    Ms. Mason. I do.250    Chairman Moran. Thank you. Thank you very much. And Cheryl251Mason, you are now recognized for your statement.252253                            PANEL I254255                          ----------256257    STATEMENT OF HON. CHERYL MASON, NOMINEE TO BE INSPECTOR258          GENERAL, U.S. DEPARTMENT OF VETERANS AFFAIRS259260    Ms. Mason. Thank you, Senator. Chairman Moran,261distinguished Members of this Committee, I'm honored to sit262before you today as the President's nominee to be Inspector263General of the Department of Veterans Affairs.264    I'm joined today by my husband of 39 years, Brett Mason,265Lieutenant Colonel U.S. Air Force, retired, our youngest son,266Trevor, and my brother's widow and his adult children. Our267oldest son, Bryan, sends his regrets as he was unable to268attend.269    Since 1865, when President Lincoln proclaimed our Nation's270duty was to care for those who had borne the battle, their271widows, and orphans, our country has made care for our veterans272a tenet. This is the core mission of VA. If confirmed, I pledge273to uphold my lifelong commitment to the Constitution and to our274veterans, their families, survivors, and caregivers.275    My commitment to those who serve this country is deep and276personal. As an Air Force veteran's spouse, daughter of a Navy277veteran, sister of an Army Guardsman, and proud American, I am278one of those survivors and a dependent such as those VA serves.279My father served in the U.S. Navy during World War II, but he280lost his battle with mental health and died by suicide when I281was 4 years old.282    My family lived in Appalachia, and we didn't know about the283benefits and care he could have received from VA. And as I sit284here today, decades later, there are still veterans in this285country who do not know about the veteran services they can286receive. While others wait much too long for their benefits and287care. This is not acceptable.288    I also lost my only brother, that Army National Guardsman,289to suicide when he was 34 years old. My brother's widow and290children received no benefits following his death, and they had291to fight to get him recognized as a veteran. This is not292acceptable.293    It was my mother, a Rosie the Riveter, during World War II294and a public servant, government teacher for more than 30295years, who steered our family through these challenging times.296She instilled in me the value of public service, the importance297of the Constitution and the U.S. Government, and the impact of298making a difference to others and to our Nation.299    My experiences as a military spouse amplified my300understanding of the tremendous sacrifice made by the men and301women who commit themselves to the defense of this Nation. When302I became a lawyer, I made it my lifelong commitment to serve303veterans and military families.304    With more than 30 years as a government employee, to305include 28 at Department of Veterans Affairs, I have countless306hours of service to veterans and their families as a veterans307law judge and as a VA attorney. It was an honor to be nominated308by President Trump in 2017 and advanced by this Committee under309the leadership of Senators Isakson and Tester, and confirmed by310the Senate to serve as the first woman and military spouse,311chairman of the Board of Veterans Appeals.312    And as chairman, I worked with Members of Congress and313Senators and staff of this Committee with its long history of314bipartisan accomplishments and commitment on behalf of American315veterans, to address mental health and suicide, increase316accountability, and improve access to benefits and care and317services with the Appeals Modernization Act, the MISSION Act,318the Blue Water Navy Act, and the VA Telehealth Modernization319Act. I was humbled by Senator Tester's tribute to me in the320January 2023rd Congressional Record regarding my advocacy and321commitment to veterans through my many years of service in the322government.323    It's an honor to be nominated by President Trump and324considered by this Committee to be the VA Inspector General. I325remain dedicated to ensuring veterans receive VA benefits,326care, and services they earned. And I strongly believe that the327VA has to be held accountable to deliver such. Our veterans and328their families are counting on it.329    My leadership and lifelong experience demonstrate my330impartiality, my expertise, my skills, and judgment to be a331highly effective Inspector General. My professional legal332career provided me with valuable expertise and experience in333investigations, audits, and inspections, focusing on the facts334and the evidence, and applying the law.335    The VA Inspector General plays a crucial and independent336role in ensuring the VA meets its mission by promoting337efficiency and eliminating fraud, waste, and abuse. Recent338reports from this body, OIG, GAO, and others, highlight the339need for improvements of VA's services to veterans. If340confirmed, I will use the authority provided by law to341implement strong oversight, and strengthen programs, and342policy, and culture at VA.343    As chairman and veterans law judge, I acted independently,344issuing decisions to be followed by VA, guarding the345impartiality and independence of the board, and I will do the346same as if confirmed as IG. This is indeed a great347responsibility, and I can assure you, Mr. Chairman, Ranking348Member Blumenthal, Members of this Committee, that if349confirmed, I will uphold that trust on behalf of all men and350women who serve, all those who have served, and the American351public.352    Thank you. I look forward to your questions.353354    [The prepared statement of Ms. Mason appears on page 49 of355the Appendix.]356357    Chairman Moran. Ms. Mason, thank you very much. Senator358Blumenthal, the Ranking Member, is recognized.359360                    HON. RICHARD BLUMENTHAL,361         RANKING MEMBER, U.S. SENATOR FROM CONNECTICUT362363    Senator Blumenthal. Thank you. Thank you to Senator Murray364for putting my opening statement in the record.365    I will just add two quick points. First of all, the Office366of Inspector General is one that has to be completely367nonpartisan and independent. We have never, I am told,368confirmed someone for that position who was a political369appointee already serving in any department. You would be370unique in that regard, which gives me tremendous pause. And it371has to be seen in the context of the firing of most of our372inspectors general by the President of the United States,373illegally done in a way that seems really regrettable.374    So, what we need now, more than any time in our history, is375a person in that position who is nonpolitical, completely376nonpartisan, and independent. The alternative is for the377credibility of the office to be diminished. And so, I think you378have the burden of proof at this point before this Committee to379show that you will in fact pursue the kind of waste, fraud, and380abuse--to use the classic phraseology that has come to be so381commonly used that it has lost a lot of its meaning and in382reality has been ignored by this administration.383    So, that is as much as I think I need to say right now, my384full statement is in the record. And thank you for your385willingness to serve, to you, and Mr. Bergin. We look forward386to your testimony further.387    Chairman Moran. Senator Blumenthal, thank you. Ms. Mason,388along the lines, you indicated during your opening statement389about some of the things that Senator Blumenthal is talking390about. But I share, my number one question on my list is to ask391you how your experience as a senior advisor to Secretary392Collins will inform your work and priorities as the VA393Inspector General, and how would you maintain objectivity, and394independence, and avoid even the appearance of impropriety395given that you have been serving as a senior political leader396at the department when you're now undertaking a new task with397different responsibilities?398    Ms. Mason. Well, thank you, Senator Moran, and I appreciate399the question. And, Senator Blumenthal, I acknowledge your400remarks.401    So, let me start with facts and evidence. As a lawyer, and402as a previous investigator, facts are extremely important. So,403let's look at the facts of who Cheryl Mason is and my track404record. I noted that I had worked at the department for 28405years as part of my 30 years of service. Those 28 years were406spent at the Board of Veterans Appeals, an independent,407impartial organization that holds the vet, holds the department408accountable to follow the law and implement veterans' benefits409and services that under the decisions made. I spent 20 years of410my time, including my time as chairman, as a judge at the411board.412    So, when the President asked me to return as senior413advisor, the role is not as many assume, the senior advisor414role may be--at least not my role as senior advisor--my role415was to use that knowledge I had at VA, and that experience I416had as an impartial, independent fact-finder and advisor to the417Secretary on things I understood and knew about VA as a418subject-matter expert in veterans law and in leadership.419    So, the senior advisor role was to convey, gather420information much like a fact-finder does, and convey that421information to the Secretary and to other senior leaders. So,422it's very--it correlates well to Inspector General. The423difference is Inspector General has teeth, and that is very424much what is needed.425    In the department, I saw it from my 28 years in the426department as an attorney, and judge, and chairman. I had to427protect the independence of the board on a number occasions428against interference. And, you know, those are things that I429would do again, as Inspector General, if confirmed430    Chairman Moran. Ms. Mason, under the Inspector General Act,431the IG serves under the VA Secretary, but has a dual and432independent reporting relationship with the United States433Congress. Explain how, if confirmed, would you balance those434dual responsibilities owed to separate branches of the435government whose interests may at times conflict?436    Ms. Mason. Well, thank you for that question, Chairman437Moran. And, you know, as the daughter of a government teacher,438I cut my teeth on the Watergate hearings, I well understand the439differences and the responsibilities of all three branches of440government; the executive branch, and the judicial branch, and441the legislative branch.442    And indeed, as you note, an Inspector General is unique as443much as I am in serving both reporting to the Secretary and444reporting to this Committee. And I acknowledge the oversight of445this Committee just as I did as chairman. It's extremely446important that you have that relationship with the IG so that447you can bring those issues and you can also report those same448issues to the Secretary to ensure there's awareness of issues449and concerns that--so the Secretary needs to know what's going450on in his world, and you need to know what's going on at VA.451    Chairman Moran. Ms. Mason, why do you think the VA has yet452to implement so many recommendations made by the Inspector453General? And, if confirmed, how would you anticipate working454with the VA to close out as many of those recommendations as455possible and make certain that future recommendations by the IG456are acted on in a much more timely manner?457    Ms. Mason. Thank you for the question, Chairman. If458confirmed, that is one of the areas that does concern me. There459are over 500 pending open, unimplemented recommendations from460the IG. Some going back as long as seven years. I believe there461needs to be an inventory and accountability on those follow-ups462with all of those recommendations.463    Even the ones that the department has taken, it's the464responsibility of the IG to follow up and monitor to ensure465that those are properly being followed. And that's something466that I would be setting up as IG, working with the staff as I467assess how they work and how they do their work. Because I468think following up with those important recommendations to469ensure that we're providing the best services, care, and470benefits to veterans is extremely important.471    Chairman Moran. Thank you for your answers to my questions,472Senator Blumenthal.473    Senator Blumenthal. Thanks. Let me ask you, if confirmed,474will you launch an investigation into Secretary Collins's mass475termination of employees, which have been found illegal by the476courts?477    Ms. Mason. Senator Blumenthal, thank you for that question.478If confirmed, the responsibility of the IG is to look at all479concerns and issues that it brings up itself, whereas the480Committee brings up or others. And so----481    Senator Blumenthal. Well, I'm asking you about the482terminations in particular----483    Ms. Mason. If there are----484    Senator Blumenthal. Would you want investigation into those485terminations?486    Ms. Mason. If there are terminations that impact the487benefits, and care, and service to veterans that are improper,488IG will look into them. Yes.489    Senator Blumenthal. It's been found to be illegal. Won't490you investigate?491    Ms. Mason. Well, I would investigate if--but some of those492issues are currently in litigation with the courts, and so it493wouldn't be appropriate for me to comment on them at this time.494    Senator Blumenthal. Will you investigate the Secretary's495proposed reorganization?496    Ms. Mason. Thank you for the question, Senator Blumenthal.497I can't investigate anything until the action occurs. So, OIG498would definitely look at that with the team and assess whether499there needs to be an investigation into that.500    Senator Blumenthal. Well, you can investigate actions that501are taken preliminarily to a final plan or action. Let me ask502you, have you had any role in either the firings of VA503employees to date?504    Ms. Mason. No, I have not, Senator.505    Senator Blumenthal. And what about the plans to fire as506many as 83,000 more?507    Ms. Mason. Thank you for the question. I have not had a508role in any of those activities. Those activities were handled509by the HRA team and general counsel.510    Senator Blumenthal. Have you participated in the511realignment of senior executive service staff across the board,512VBA, and Office of General Counsel?513    Ms. Mason. Thank you for the question, Senator. The514situation there was the acting secretary decided to direct some515changes across the administrations and staff offices under the516President's Executive order to restore accountability to the517career SESs and follow the 1979 SES Act. And he felt that it518was important to reassign some of these people to ensure519collaboration.520    Senator Blumenthal. I don't understand. Have you played a521role in that realignment?522    Ms. Mason. My role was to convey the reassignments to the523staff offices that were in my portfolio.524    Senator Blumenthal. So, you have participated in those525actions?526    Ms. Mason. I did not participate. I conveyed the acting527secretary's direction to reassign those people.528    Senator Blumenthal. Okay. We can argue about words here,529but I think you get my point, which is you're unwilling to530review mass firings which have been found to be illegal. You531are unwilling to be forthright in your responses to these532questions. You served the Secretary of the VA, correct?533    Ms. Mason. I served as a senior advisor to the Secretary of534VA for a period of time, but again, as I explained, my role535was----536    Senator Blumenthal. And to his team?537    Ms. Mason. I'm sorry, to his team?538    Senator Blumenthal. You served as an advisor to him, and539you've worked with his team, correct?540    Ms. Mason. I served as advisor to the Secretary, and I541advised those within my portfolio as to the directions the542Secretary directed.543    Senator Blumenthal. And you've considered yourself to be a544loyal aide, correct?545    Ms. Mason. I consider myself to be an impartial,546independent aide to the department because that's my role.547    Senator Blumenthal. You considered yourself to be a loyal548aide, correct?549    Ms. Mason. I am loyal to the veterans. That's who I serve.550That's who I'm loyal to.551    Senator Blumenthal. You work for him?552    Ms. Mason. I work for the President and the Secretary, but553I also, if confirmed as IG, will work for this Committee.554    Senator Blumenthal. Have you been involved in the request555of VA employees to sign non-disclosure agreements?556    Ms. Mason. Senator, I have not.557    Senator Blumenthal. You have had no involvement?558    Ms. Mason. I have had no involvement in that activity.559    Senator Blumenthal. What is your involvement in the560reorganization and the RIFs that Secretary Collins has planned?561    Ms. Mason. Senator Blumenthal, I have had no involvement in562that activity.563    Senator Blumenthal. What have you done?564    Ms. Mason. Well, again, my information--my role as senior565advisor is to gather information. When you look at how----566    Senator Blumenthal. Seems like you haven't been earning567your pay.568    Ms. Mason. Well, I have because the department is quite569siloed, as you know, and VBA is very siloed and----570    Senator Blumenthal. Well, what have you done?571    Ms. Mason. So, I've been investigating and looking at VBA,572and providing advice to the VBA leadership as well as other573careerists at the board and at National Cemetery574Administration. So, I've been earning my pay 12-hour days575almost every day.576    Senator Blumenthal. So, you have been earning your pay as a577loyal advisor, a member of the Collins' team, an employee at578his behest, a political appointee, not as a career civil579servant. You are a political appointee as Inspector General,580and that is why I will object to your nomination. Thank you,581Mr. Chairman.582    Ms. Mason. Thank you, Senator.583    Chairman Moran. Senator Tuberville.584585                     HON. TOMMY TUBERVILLE,586                   U.S. SENATOR FROM ALABAMA587588    Senator Tuberville. Thank you, Mr. Chairman. Ms. Mason,589thanks for being here. The Office of Inspector General recently590put out a report highlighting reports within the fiduciary591program such as failures with training protocol. Can you commit592to working with me and my staff to developing solutions to make593the program work better for our most vulnerable veterans?594    Ms. Mason. Thank you, Senator Tuberville, and absolutely I595can commit to do that. I think that's extremely important.596    Senator Tuberville. Thank you. The Inspector General has597put out several reports highlighting failures with the Suicide598Crisis Line. How would you work with Secretary Collins to599ensure these recommendations are implemented to support600veterans and reduce suicide?601    Ms. Mason. Thank you for the question, Senator Tuberville.602As we discussed in your office, I'm very--suicide is very603personal to me. I've had two suicides in my family. Both were604veterans. And so, I take that very seriously. And I've looked605at the IG reports, and I've looked at the other things the606department is doing, and there are several activities going on607now.608    Currently, as a senior advisor of VEO, I'm looking at some609of the suicide actions that are being taken to prevent--to do610prevention, and awareness, and our partnerships, and I would611continue to advise to do that. If confirmed as IG, I would612continue to look at those actions to include the grants on613mental health and suicide that the department has, make sure614there's appropriate oversight into that, as well as what the615crisis line is doing. Ensure that they are properly staffed,616and have the right support and resources they need to answer617those calls because those calls do save lives.618    Senator Tuberville. Thank you. When confirmed, what will be619your first thing that you want to do as a new IG?620    Ms. Mason. Thank you, Senator, for that question. I think,621the first thing I want to do is really get a good assessment of622the office. I want to make sure the accountability is extremely623important, and the integrity of that office is extremely624important.625    And I have no reason to think that they don't operate that626way now, but IG has to operate that way as independent and627impartial. And so, I want to make sure that they, one, are628operating that way in everything they do, but they also have629the adequate resources. And then find out what their current630investigations are, see where they are in those investigations.631    But right behind that, is follow-up on those open632unimplemented recommendations and figure out how we bring those633to close with the department and with this Committee.634    Senator Tuberville. Thank you.635    Ms. Mason. Thank you.636    Senator Tuberville. I yield my time.637    Chairman Moran. Senator Murray.638639                       HON. PATTY MURRAY,640                  U.S. SENATOR FROM WASHINGTON641642    Senator Murray. Thank you very much, Mr. Chairman. Ms.643Mason, you did say on your questionnaire that you continued to644be a senior advisor to Secretary Collins after you were645nominated to become the Inspector General, monitoring his646agency while you were senior advisor to Secretary Collins. What647discussions were you involved in related to abruptly canceling648contracts or ending DEI efforts or eliminating outreach to649LGBTQ+?650    Ms. Mason. Thank you for the question, Senator Murray. And651to be clear, yes, at the time I answered the questionnaire, I652was senior advisor to the Secretary. That role ended very653quickly after I submitted that questionnaire. I'm now senior654advisor to the VEO and do not sit in the Secretary's suite.655    Senator Murray. Well, what----656    Ms. Mason. So, as for your question as to those roles, the657only roles I had with contracts were ensuring that the658organizations that were in my portfolio knew that they needed659to justify the contracts and ensure that they responded timely.660I did not review contracts. I was not involved in those.661    As far as in the DEI situation, that was an Executive662order. And shortly after the senior advisors came in, they were663followed by more senior advisors, and that was not something664that was on my plate. That belonged to general counsel and the665senior advisor who was charged with EOs.666    Senator Murray. What--oh, well, I mean, I'd ask Senator667Blumenthal's question again. What substantive work were you668doing if you weren't involved in any of that?669    Ms. Mason. Well, again, my role as senior advisor was to670look into actions that were going on in the administrations----671    Senator Murray. But a lot of the actions that were going on672in the administration that we know about were about ending DEI,673about firing employees, about canceling contracts. So, that was674most of the activity that was going on there, so.675    Ms. Mason. That was not in my portfolio. There were676separate senior advisors assigned to that. My portfolio was677looking at the way those organizations operated and how they678served veterans, particularly VBA, because it's such a large679organization. There were challenges with the Digital GI Bill,680challenges with disability compensation backlogs and inventory681with both the board and VBA, challenges with loan guaranty.682There were a variety of challenges within VBA that I was683looking at.684    Senator Murray. Well, let me ask you differently. What was685your engagement with DOGE and the White House outside of the686Presidential Personnel Office?687    Ms. Mason. I have no engagement with DOGE and the White688House.689    Senator Murray. None. Zero?690    Ms. Mason. None. No contact. The only contact I had was a691swearing in I attended. A swearing in for a person who has692since, I guess, left the department in DOGE. That person I693attended the VA swearing in. That was it.694    Senator Murray. Well, as you know, Congress has a695responsibility to conduct oversight over the Office of696Inspector General to make sure that they are properly697conducting their role. So, it's really crucial, as you well698know, that the OIG is transparent. If you are confirmed, will699you provide us with a list of every ongoing OIG investigation700within 30 days?701    Ms. Mason. Yes, Senator. I will do so.702    Senator Murray. Okay. The budget for VA proposed the703elimination of ``unnecessary outreach activities''. From a704congressional perspective, it is really critical to make sure705that any canceled outreach doesn't impact veterans' ability to706receive care that's necessary to provide.707    If confirmed, will you hold the department responsible for708conducting all outreach that is in statute or policy, even if709the political leadership, meaning your former boss, Secretary710Collins, doesn't want to reach out to those groups.711    Ms. Mason. So, Senator Murray, I will look into all those712situations, and I will see where there are statutorily713required, and they will be held accountable under my watch as714OIG, if confirmed.715    Senator Murray. Okay. Well, let me just ask this. Congress716was very clear in 1978 when it passed the law governing717inspectors general. The law states, and I want to quote it,718``Each Inspector General shall be appointed without regard to719political affiliation and solely on the basis of integrity.''720    Do you believe that an inspector general should be entirely721independent from the administration in which they serve?722    Ms. Mason. Thank you for that question, Senator Murray. I723do.724    Senator Murray. Well, you were a political appointee for725President Trump in his first term. And as we said on your726questionnaire, you said you continued to be an advisor to727Secretary Collins after you were nominated for this. Do you728believe that this demonstrates the kind of non-partisanship it729takes to successfully execute this job?730    Ms. Mason. Well, Senator, I would refer to my years of731experience in the department. I served 12 secretaries, 6 now, 7732administrations. I am unique in that I was a careerist who733became a political appointee during the Trump administration,734but I served into the Biden administration, and President Biden735appointed me to a position to ensure that the department was736implementing the Executive orders from President Obama,737President Trump, and President Biden on hiring veterans and738military spouses.739    So, yes, I do believe I have that as a lawyer, and as a740judge, and as chairman, which was an independent, impartial741position.742    Senator Murray. Thank you very much, Mr. Chairman.743    Chairman Moran. Senator Hassan.744745                   HON. MARGARET WOOD HASSAN,746                U.S. SENATOR FROM NEW HAMPSHIRE747748    Senator Hassan. Thank you, Mr. Chairman. And good749afternoon. Congratulations to you and your family on your750nomination. And just on a personal note, I'm really sorry for751the toll that suicide has taken on your family.752    Ms. Mason. Thank you.753    Senator Hassan. And I'm grateful that you have been open754about that. I think that openness helps a lot of people. I want755to start by asking you a straightforward question that I ask756all nominees. If directed by the President to take action that757would break the law, would you follow the law or follow the758President's directive?759    Ms. Mason. Senator Hassan, I appreciate that question, and760I will follow the law as a lawyer.761    Senator Hassan. Thank you. Earlier this year, President762Trump illegally fired the VA's Inspector General, along with763several other inspectors general. Do you support the firing of764inspectors general without the President first providing the765required statutory notice to Congress?766    Ms. Mason. Well, thank you for that question. It would767really be inappropriate for me to comment on that as that issue768is currently being litigated in the courts.769    Senator Hassan. I will just comment that as a lawyer, as770somebody who has prided herself in this testimony to us as on771understanding, and investigating facts, and applying the law, I772think you could venture to say that the President's firing of773the Inspector General at the VA and across government violated774the clear language of the statute. And I'm disappointed that775you're unwilling to say that.776    Let me move on to another question, which really follows up777on issues that both Senator Moran and Blumenthal have raised.778You've served as a senior advisor to Secretary Collins since779January, and you've worked at the VA for decades. The Inspector780General is required to be, as you pointed out, nonpartisan and781independent from agency leadership.782    However, your prior work advising Secretary Collins calls783into question your ability to be nonpartisan and independent.784If you become the IG, you would need to recuse yourself from785many investigations in order to preserve the independence of786the office. Will you recuse yourself from any investigations787relating to matters you worked on while previously employed by788the VA?789    Ms. Mason. Thank you, Senator Hassan. And yes, as an790attorney, I would, as my duty and as a member of the bar, in791certain situations, I would absolutely have to recuse myself. I792did so as chairman, I did so as a veterans law judge in that793world, and I would do so, as appropriate, as IG.794    Senator Hassan. Thank you. Will you commit to continuing795any open investigations that were initiated by the last796Inspector General?797    Ms. Mason. Yes, Senator, I will.798    Senator Hassan. Thank you. The VA is reportedly planning to799fire roughly 80,000 employees. And recent reporting suggests800that the VA is requiring all employees who are working on these801staffing cuts to sign non-disclosure agreements. However, one802key role of the Office of the Inspector General is to803independently receive reports of wrongdoing within the VA from804employees, and the Inspector General has this obligation,805regardless of whether the employee has signed an NDA.806    Will you commit that your office will independently and807thoroughly investigate any reports of wrongdoing at the VA808regardless of any NDAs that employees have been forced to sign?809    Ms. Mason. Thank you, Senator Hassan. And absolutely, yes,810I will.811    Senator Hassan. Well, thank you. I'm glad to hear you're812committed to conducting thorough independent reviews of any813allegations of wrongdoing. And I yield the rest of my time.814    Chairman Moran. Thank you, Senator Hassan. Senator King.815816                    HON. ANGUS S. KING, JR.,817                    U.S. SENATOR FROM MAINE818819    Senator King. I want to thank you for the time you took for820us to discuss your history. You were imminently qualified for821this position up to about January 2020. And I don't want to822just keep going over and over, but, well, I guess one thing we823learned yesterday that the Office of the Inspector General in824the VA is being cut by 100 people. Were you aware of that?825    Ms. Mason. No, Senator, I was not.826    Senator King. Well, check the budget. You're going to lose827100 people before you even walk through the door.828    Ms. Mason. I will definitely look into that sir.829    Senator King. To me, that doesn't indicate a great deal of830respect and confidence in the job of the Inspector General. And831the challenge that you have is having been a close advisor to832the Secretary and then turning around and being Inspector833General. That's what we've all been concerned about.834    And I think that's--Senator Blumenthal at the beginning835said, basically, you have the burden of proof given this close836relationship to the Secretary as an advisor for the past four837months, through a pretty tumultuous time to convince us that838you can turn around and have an objective, independent view of839actions taken by the Secretary or by senior advisors.840    Give me a reason to vote for you here. I like you. I think841you were very well qualified, but it's very unusual. The842research I've done, it's very unusual for IGs to be appointed843from within the agency that they're going to be an IG. The844conflict of interest just sort of jumps out at you. And given845your longtime association with the VA, you know the people, and846your close association with the Secretary, convince me that you847can be objective, and forthright, and tough, which is the job848of the Inspector General.849    Ms. Mason. Well, Senator, I appreciate the opportunity and850thank you for the question. Again, as we spoke yesterday, and851as you know, I think it's very important to look at my852background and my history. Yes, I came in the department as a853senior advisor in January 2025. We are not disputing that. But854again, my role as senior advisor, I think there's been some855assumptions made. I was brought back at the request of the856President. He asked me to return because of my 28 years in the857department as an impartial, independent----858    Senator King. And if you were before this Committee as a859deputy secretary or another role, I don't think we'd be asking860these questions. You're coming into a very unusual job in our861government and a very important job, and that's the difference.862Do you see that?863    Ms. Mason. I understand----864    Senator King. You're not coming in as a policymaker.865    Ms. Mason. I understand that. And Senator, very little866about my background and my experience is typical. I'm known for867my unusualness. So, let me talk about that. I was brought back868because of that independence and that background. And when I869was asked to advise the Secretary on various things from that870independent, impartial review, the Secretary was not looking871for yes-people. The Secretary is looking for impartiality,872independence of someone that can challenge conventional wisdom,873do things differently. That's what I bring to it.874    So, from my time as chairman of the board, previously as a875judge, I look at things independently and impartially, even876stepping out of the role as a careerist into a political role877during the Trump administration the first time, and walking878into the role as chairman. That provided--that also met with--879was fraught with concern, because again, I had to act880independently. And I held people in the department at bay when881they tried to infringe on actions of the board, and I will do882the same as Inspector General.883    I'm known as a tough, honest broker. I put veterans first.884I am about the veterans and the families of this country.885That's who I serve, and that's who I've served for since I was88620-some-years old.887    Senator King. Thank you. I appreciate that, and I888appreciate your forthrightness. I'd like to suggest, if you're889confirmed, the first investigation should be in these non-890disclosure agreements. Number one, they lack the legally891required language that's supposed to be in all government non-892disclosure agreements that it does not apply to whistleblowers893to the Inspector General. The one that has been circulated that894we've seen in the department does not have that language. It895requires that they report to Congress, but that's about it. In896other words, it's an illegal non-disclosure agreement.897    The second question I hope you'll examine is why do you898need a non-disclosure agreement for talking about a899restructuring exercise? Non-disclosure agreements, in my900experience, usually involve sensitive procurement information901and national security. That's neither the case for how to902reorganize the Veterans Administration. I hope that that's903something that you might look at.904    I think the non-disclosure agreement that's been signed is905illegal and unnecessary. And it certainly doesn't fill us with906confidence that this is going to be carried out in an open,907transparent, and thoughtful way with the engagement of this908Committee and interested parties across the country. So, that909is something I hope you'll take under advisement, as we say in910the legal field.911    But I'm seriously concerned about it. There shouldn't be a912non-disclosure agreement on something like how we're going to913reorganize the department. And by the way, the department has914not been forthcoming at all to this Committee about their plans915and how this process of firing 80,000 people is going to be916carried out.917    Ms. Mason. Thank you. I will take that under advisement.918And I do believe that the Whistleblower Act and Accountability919Act that was sponsored by Senator Blumenthal should be followed920under the law.921    Senator King. Thank you. Thank you, Mr. Chairman.922    Chairman Moran. Mrs. Mason, Senator King used the phrase or923the two words, ``close relationship with the Secretary.'' What924is the relationship with the Secretary?925    Ms. Mason. I see the Secretary periodically. I would not926call our relationship a close relationship. In fact, since the927beginning of May I think the day or so after my nomination, I928moved out of the Secretary's suite. I rarely see the Secretary.929I wouldn't call any relationship I have with him or any other930members of the political team a close relationship or a931friendly relationship.932    Chairman Moran. And what does your word ``periodic'' mean?933    Ms. Mason. It means I might run into him if we happen to be934in the building at the same time at breakfast, and he says hi,935and I say hi.936    Senator King. Mr. Chairman, I wasn't going to bring this937up, but since you did, yesterday when you left my office and938you were walking with my staff member, you noted a Pepsi939machine and a Coke machine. You said, ``I like Pepsi, but the940Secretary's a Coke guy.''941    Ms. Mason. He is.942    Senator King. That sounds like a relationship to me.943    Ms. Mason. No. It was a conversation that was very early. I944went into a meeting with diet Pepsi, and he had Coke, and he945said, ``You know Ms. Mason, I prefer Coke.'' And I said, ``I946prefer Pepsi. [Inaudible.] We're going to disagree to disagree.947    Senator King. Thank you, Mr. Chairman.948    Chairman Moran. Senator Hirono.949950                     HON. MAZIE K. HIRONO,951                    U.S. SENATOR FROM HAWAII952953    Senator Hirono. Thank you, Mr. Chairman. Welcome, Ms.954Mason. I start with two basic questions that I ask of all955nominees before any of the committees on which I sit that goes956to the fitness to serve. So, I will ask you the following two957questions. Since you became a legal adult, have you ever made958unwanted requests for sexual favors, or committed any verbal or959physical harassment, or assault of a sexual nature?960    Ms. Mason. Senator Hirono, it's nice to see you again. I961appreciate the question. And no, I have not, but I have962certainly been the subject of them.963    [Inaudible.]964    Senator Hirono. Have you ever faced discipline or entered965into a settlement related to this kind of conduct?966    Ms. Mason. No, I have not, Senator. Thank you.967    Senator Hirono. It's very clear that our IGs have to be968very independent, and you noted that it is important that IGs969be impartial and independent. You said that in the beginning970part of your testimony. And there are serious concerns, and I971would say, legitimate concerns, about whether you will be able972to be independent and impartial because you are--after that you973were a senior advisor to Secretary Collins.974    Now, you testified today that you had nothing to do with975the very controversial firings and the potential firing of976another 80,000-plus employees at the VA. But here you are, you977sit as a senior advisor and as an attorney, did you ever raise978the concern with the Secretary that maybe what he was doing was979illegal?980    Ms. Mason. Well, Senator, I appreciate that question, and981as a senior advisor, what I can tell you about my client is982there's privilege. And so, anything I advise the Secretary----983    Senator Hirono. Well, excuse me----984    Ms. Mason [continuing]. Stays between me and the Secretary.985    Senator Hirono [continuing]. You testified--you know, you986opened the door. You testified that you had nothing to do with987the firings and the potential firing of 83,000 more people. And988I'm just asking that as senior advisor, did you consider it989your responsibility to raise the potential that what he was990doing was illegal?991    Ms. Mason. Senator----992    Senator Hirono [continuing]. Just answer yes or no. I'm not993asking for any other kind of content.994    Ms. Mason. Senator, I didn't----995    Senator Hirono [continuing]. In your discussions.996    Ms. Mason [continuing]. Know about them until after the997fact. So, no, I did not.998    Senator Hirono. See, that is why you're being asked all999these questions because as senior advisor, one would think that1000maybe something as big as the kind of controversial firings1001that Secretary Collins engaged in would come to your attention1002and you would say something about it. And so, I think that is1003one of the reasons that The Washington Post, Wednesday, May100428th, they included you in an article, in a list of Trump1005administration nominees who have, to quote The Washington Post,1006``clearly partisan backgrounds.'' That is not what we need or1007want in an IG.1008    It's bad enough that President Trump fired a whole group of1009IGs illegally, but his modus operandi says why did he do that?1010Because he doesn't want IGs that are independent. And so, you1011step into a role where these kinds of questions are going to1012come up. It is very clear that this President likes people that1013he can count on, that he thinks will be loyal to him, that he1014thinks will do his bidding. That is his modus operandi.1015    And here you come telling us that you're going to be1016impartial and independent, and were it not for the fact that1017you serve as senior advisor. And even when you are nominated to1018this position, you did not see fit to resign give a little1019space between your role as senior advisor to an to an agency1020that you're going to--you're supposed to be investigating1021independently. That would help, but you didn't do that. And1022that is why, you know, I think that these questions that we1023have about your independence in view of why President Trump1024fires everybody and gets rid of everybody who can even stand up1025to him, we have these concerns. Thank you, Mr. Chairman.1026    Chairman Moran. Senator, thank you. Senator Duckworth.10271028                     HON. TAMMY DUCKWORTH,1029                   U.S. SENATOR FROM ILLINOIS10301031    Senator Duckworth. Thank you, Mr. Chairman. Welcome, Ms.1032Mason. I think we served in the building at the same time, at1033one point.1034    Ms. Mason. Yes, we did, ma'am.1035    Senator Duckworth. So, I know exactly what the inner1036sanctum of the Secretary's office looks like. And if you're1037behind those doors, you're in the inner sanctum. You're not1038just floating out there. So, you probably saw him a lot more1039than you are trying to lead us to believe.1040    I just want to follow up on your answer to Senator Hirono.1041Are you invoking attorney-client privilege and not responding1042to her question?1043    Ms. Mason. No, I simply--thank you for the question,1044Senator Duckworth, and it is a pleasure to see you again. No,1045I'm not. I'm simply saying that there are situations that I may1046have advised the Secretary and that wouldn't be appropriate for1047me to talk about. This question she asked me was a question1048that I could answer, that I was not engaged and involved with1049and it was not my place to offer my opinion in that situation.1050    Senator Duckworth. Did you advise the Secretary on setting1051the 80,000 goal for firing VA employees?1052    Ms. Mason. No, Senator Duckworth. Thank you. I was not1053involved in that decision.1054    Senator Duckworth. Congress established offices of1055Inspector General in 1978 to, ``create independent objective1056units within agencies.'' So, I'm going to follow continuing on1057the questioning line that my colleagues have already started.1058But critics have questioned whether a Federal agency IG can1059truly be ``independent'' if these officials can be fired by a1060President who leads the administration and IG is tasked to1061oversee.1062    Now, to be fair, Congress has recognized the weakness of1063allowing a President to silence an IG who might uncover1064problems that an administration would prefer to sweep under the1065rug. In fact, 30 years after the passage of the original IG1066Act, Congress amended the law to enhance transparency and1067oversight over potential IG firings.1068    Ms. Mason, can you please remind our Committee of what1069Congress did in passing Section 3 of the IG Reform Act of 2008?1070    Ms. Mason. Let me see if I remember that one.1071    Senator Duckworth. Would you like a copy of it? I can give1072you a copy.1073    Ms. Mason. That would be wonderful, ma'am.1074    Senator Duckworth. Mr. Chairman, I ask unanimous consent to1075provide the witness with a copy of the Act.1076    Chairman Moran. Without objection.10771078    [The information referred to appears on page 147 of the1079Appendix.]10801081    Ms. Mason. Thank you, Senator Duckworth. And I do remember1082reading this now. Yes, I think it's really important to note1083that 2008 was where the Congress put in some protections about1084the 30-day notice and some other areas that asked the President1085to do so before removing an IG.1086    Senator Duckworth. Thank you, Ms. Mason. So, I raised the1087question issue of IG independence because the unfortunate1088reality is this; your nomination is only possible because1089President Trump fired without a cause or explanation, let alone1090the 30-day advance notice as required by law, the Honorable1091Michael Missal who had effectively served as VA IG since 2016.1092    Ms. Mason, did President Trump violate Federal law when he1093indiscriminately fired IG Missal and failed to provide Congress1094with a written notice at least 30 days in advance of the1095removal of his and intent to fire the independent and1096nonpartisan VA Inspector General?1097    Ms. Mason. Well, Senator Duckworth, I appreciate that1098question. And again, that issue is currently before the courts,1099and I would have to defer to the courts and the judge to make1100that decision. And after they make that decision, I will be1101happy to answer the question.1102    Senator Duckworth. Then I will come back to you.1103    Ms. Moran. Okay.1104    Senator Duckworth. It's a simple question. As we discussed,1105the law is clear. It requires written notification to Congress,1106and it mandates that such notice be delivered at least 30 days1107in advance. Look, a key reason that Congress established the IG1108Law was to help ensure any given Presidential administration1109complies with the law, and I am deeply troubled that you are1110unwilling to simply identify President Trump's textbook1111violation of the law. And your nomination was literally made1112possible because President Trump committed that textbook1113violation of the law when he fired IG Missal so that he could1114appoint his own hand-picked appointee, you.1115    IGs must be willing to speak truth to power. So, let's try1116a far simpler yes or no question. Ms. Mason, did President Joe1117Biden win the 2020 Presidential election?1118    Ms. Mason. The 2020 Presidential election? I believe he1119did, yes.1120    Senator Duckworth. Okay. Thank you. And if given an illegal1121and unconstitutional order by either the Secretary of Veterans1122Affairs or President Trump what would your actions be?1123    Ms. Mason. I will always follow the law, Senator Duckworth,1124just as I did as chairman with the same President in office, as1125well as with President Biden in office.1126    Senator Duckworth. Thank you. I yield back, Mr. Chairman.1127    Chairman Moran. Senator Duckworth, thank you. I don't1128anticipate--I don't intend to have a second round of1129questioning, but I want to give the leeway to the Ranking1130Member who has a question to follow-up, and then I'll ask you,1131Ms. Mason, if you have anything you want to conclude your--1132anything you would like to try to correct, or I'm not1133suggesting you need to correct anything, anything you'd wish to1134have said before we ask Mr. Bergin to the table.1135    Ms. Mason. Thank you, Mr. Chairman.1136    Chairman Moran. Senator Blumenthal.1137    Senator Blumenthal. Thank you, Mr. Chairman. I'd like to1138put into the record two articles; one from Government Executive1139entitled, ``VA forces staff and work workforce reduction1140discussions to sign non-disclosure agreements.'' Another from1141The New York Times, ``Fired Inspectors General Raise Alarms as1142Trump Administration Moves to Finalize Purge,'' and then a1143letter that I did to the Council of the Inspectors General on1144Integrity and Efficiency.1145    Chairman Moran. Without objection.11461147    [The information referred to begins on page 148 of the1148Appendix.]11491150    Senator Blumenthal. Thank you. Let me ask you. Have you1151been involved in the termination or firing of any employee of1152the Veterans Administration?1153    Ms. Mason. Since taking office in 2025, I have not. Prior1154to that as Chairman, yes.1155    Senator Blumenthal. In other words, since taking your1156present position, you have not been involved in any termination1157or firing of any single or any employee whatsoever?1158    Ms. Mason. No, Senator Blumenthal, I have not.1159    Senator Blumenthal. How about in the cancellation of any1160contract?1161    Ms. Mason. I have not been involved in any cancellations of1162any contract, Senator Blumenthal.1163    Senator Blumenthal. Prior to this role, you served on the1164President's transition team?1165    Ms. Mason. I did, yes.1166    Senator Blumenthal. And what was the subject matter?1167    Ms. Mason. The subject matter was the Department of1168Veterans Affairs.1169    Senator Blumenthal. Department of Veterans Affairs?1170    Ms. Mason. Yes.1171    Senator Blumenthal. So, your involvement in the Department1172of Veterans Affairs predated your present position?1173    Ms. Mason. My involvement with the Department of Veterans1174Affairs goes all the way back to 1990, Senator Blumenthal.1175    Senator Blumenthal. Well, I mean as part of the Trump1176administration.1177    Ms. Mason. Well, as part of----1178    Senator Blumenthal. When did you begin your service on the1179transition team?1180    Ms. Mason. I believe it was the end of November 2024. I1181would have to check that.1182    Senator Blumenthal. November 2024. So, for whatever number1183of months it is, you've been involved in reviewing, and1184advising, and proposing policies. You've been involved in the1185workings of the Veterans Affairs Administration.1186    Ms. Mason. Senator Blumenthal, thank you for the question.1187Let me clarify. As a member of the transition team, my role was1188to speak with the careerists, who were currently in office,1189including Secretary McDonough who were leaving office and find1190out what they were doing. So, I was part of what they would1191call the landing team. So, my role was simply to look at that--1192and ask questions about how they were operating at the time, to1193get that information so we would be ready to start out Day 1.1194    Senator Blumenthal. Could you give me three decisions or1195actions by the Department of Veterans Affairs since the1196inaugural that you've been involved in doing?1197    Ms. Mason. Well, Senator Blumenthal, as a senior advisor,1198I'm not involved in any decisions. That's not my role.1199    Senator Blumenthal. No. I'm asking you whether you've been1200involved in them as an advisor. Three decisions or actions1201where you've served as an advisor?1202    Ms. Mason. I cannot. My role was to gather information and1203convey that information back and forth.1204    Senator Blumenthal. I can't believe that you are telling us1205that you haven't been involved in a single action or decision1206as an advisor.1207    Ms. Mason. I don't have the authority to, sir. My only role1208is to recommend, gather information, convey information, and1209recommend to different parties.1210    Senator Blumenthal. I consider your answers just--well,1211thank you, Mr. Chairman.1212    Ms. Mason. Thank you, Senator Blumenthal.1213    Chairman Moran. Ms. Mason, anything you'd like to add to1214the record before we call up Mr. Bergin?1215    Ms. Mason. Yes, Chairman Moran, a couple of things. So,1216Senator Hirono brought up the concern about me not stepping out1217of my role. I did step out of my role as senior advisor to the1218Secretary shortly after it was announced, and I also moved out1219of the suite, the Secretary's suite as Senator Duckworth noted.1220And I thought it was very important that I do so.1221    Again, you can't just look at me as my role since January12222025. And yes, again, I understand Senator Blumenthal's concern1223about the perception and assumption of senior advisor. But my1224role as senior advisor, my role, just me, Cheryl Mason, was to1225come in and bring the knowledge that I have, my many years of1226service as an independent, impartial player at the Board of1227Veterans Appeals, 28 years in that role, and making decisions1228for veterans, serving veterans, and to look at what the1229department was doing, particularly within VBA, the Board of1230Veterans Appeals, primarily, and to ensure that we were doing1231our best to serve veterans on education, all lines of business1232in BVA.1233    I understand that it might be incredulous that I wasn't1234involved in decisions, but that wasn't my role. My role was to1235advise and to recommend. Whether the Secretary or other leaders1236followed my advice is up to them, much like as I did as a1237consultant, sometimes they do and sometimes they don't.1238    So, I appreciate it. Thank you, and I am happy to meet with1239anybody after the hearing, and I look forward to your post-1240hearing questions. Thank you.1241    Chairman Moran. Ms. Mason, thank you very much. And thanks,1242we welcome your family here with you today as well.1243    Ms. Mason. Thank you.1244    Chairman Moran. Mr. Bergin, would you please join us at the1245table? Maybe before you sit down, Mr. Bergin, I'll have you1246stand up.1247    Mr. Bergin, before being recognized for your opening1248statement, please stand and raise your right hand and repeat1249after me, if you will. Do you solemnly swear or affirm that the1250testimony you're about to give before the United States Senate1251Committee on Veterans' Affairs will be the truth, the whole1252truth, and nothing but the truth, so help you God?1253    Mr. Bergin. I do.1254    Chairman Moran. Thank you. Mr. Bergin, you are now1255recognized for your statement. Welcome to the Committee, and if1256you have family and others you want to introduce, please do so.1257    Mr. Bergin. Thank you, Mr. Chairman.12581259                            PANEL II12601261                           ----------12621263STATEMENT OF DON BERGIN, NOMINEE TO BE ASSISTANT SECRETARY FOR1264   CONGRESSIONAL AND LEGISLATIVE AFFAIRS, U.S. DEPARTMENT OF1265                        VETERANS AFFAIRS12661267    Mr. Bergin. Chairman Moran, Ranking Member Blumenthal,1268distinguished Members of the Committee, thank you for the1269opportunity to appear before you today. I'm deeply honored by1270the confidence President Trump and Secretary Collins have1271placed in me to be considered for the position of Assistant1272Secretary for Congressional and Legislative Affairs at the1273Department of Veteran Affairs.1274    Although he had to step away to meet with the President, I1275would like to thank Senator Cornyn for his kind introduction1276for inclusion in the record. It was an honor to serve alongside1277a living model of leadership and public service. Senator Cornyn1278and Sandy are truly the best of Texas.1279    Finally, I want to express my deepest gratitude to my wife,1280Grace, whose unwavering support has made it possible for me to1281serve in this role. I also want to thank my mother, Nancy, who1282served a quarter century as a military spouse, raising three1283children with strength and resilience, instilling in me the1284values that guide my public service today.1285    The veteran community is my community. I view veterans the1286same way many of you view constituents in your respective1287states. I was born into the Army, just up the street from here1288at Walter Reed Hospital, the son of a West Point graduate. I1289was raised among veterans from the Vietnam War. From an early1290age, I witnessed firsthand the stigmas and challenges faced in1291the community and in seeking care from the VA, struggling with1292limited access to mental health support, archaic prosthetic1293services, and a system that often failed to meet their needs.1294Their resilience shaped my understanding of duty, sacrifice,1295and the lasting impacts of war.1296    My family legacy of service runs deep. Both of my1297grandfathers served in World War II, one in the Army, and the1298other is a B-17 navigator, flying the infamous bombing mission,1299missions over Germany. My father spent nearly 25 years in the1300Army retiring as a colonel. He's buried at West Point. My1301sister is a VA physician. My wife, Grace, is a Federal1302employee.1303    As a military brat, I experienced the sacrifices service1304members and their families make moving every few years, making1305and losing friends, and constantly adapting. Profoundly1306impacted by the September 11th attacks, I immediately walked1307into the Marine Corps recruiting office. I was honored to join1308the first class following 9/11 a diverse group of Americans1309from Wall Street to Main Street, united by shared commitment to1310our country.1311    As an infantry commander, I deployed with the 1st Marine1312Division during the invasion of Iraq, where my unit helped tear1313down the statue of Saddam Hussein. I later served two1314consecutive combat deployments in Fallujah, and I was1315privileged to stand with my fellow Marines whose courage and1316sacrifice will always stay with me.1317    Again, the veteran community is my community. I began my1318service in Congress nearly 20 years ago in the Marine Corps1319Office of Legislative Affairs, gaining firsthand experience in1320how critical congressional engagement is to advance the1321interest of our service members and veterans. I went on to1322serve in personal offices, on congressional committees, and1323ultimately in Senate leadership as a National Security Council1324to the Senate Majority Whip, Senator Cornyn.1325    Throughout these roles, I witnessed the undeniable truth1326that when Congress and VA work together under a common purpose,1327we can deliver real lasting results for the veteran community1328and their families. Just reference the Post-9/11 GI Bill, the1329MISSION Act, the PACT Act, and Elizabeth Dole Act to name a1330few. That collaboration must be honest, bipartisan, and always1331focused on the needs of those who have served.1332    This experience has prepared me to immediately strengthen1333that partnership and ensure the voices of veterans remain at1334the center of every policy and legislative decision. That1335perspective is deeply personal for me. As a patient of the VA,1336I've witnessed the agency's transformation firsthand from the1337struggles of the Vietnam era to the advancements made for the1338OIF and OEF generations. That progress in mental health care1339and prosthetic technology has been remarkable, but there's1340still more work to do.1341    In recognition of veterans' extraordinary service, Congress1342has committed vast resources to honor the Nation's promise to1343them. We have a shared duty to ensure those resources are used1344efficiently, effectively, and directly to improve veterans care1345and benefits. When the Secretary asked me to take on this role,1346I did not hesitate. It offers a rare opportunity to unite my1347experiences from the kitchen table to the battlefield, and to1348Congress, to strengthen this critical partnership and ensure1349the voices of veterans are at the heart of every legislative1350conversation.1351    If confirmed, I'll be a tireless advocate for veterans1352committed to working hand in hand with Congress in a spirit of1353cooperation and shared purpose. Together, we can fulfill1354President Lincoln's promise to care for those who have borne1355the battle. I'll measure every action by a simple standard; am1356I delivering meaningful results and real accountability for1357members of my community who sacrifice so much for this country?1358    Thank you for your consideration. I look forward to your1359questions.13601361    [The prepared statement of Mr. Bergin appears on page 1151362of the Appendix.]13631364    Chairman Moran. Mr. Bergin, thank you for your statement.1365Thank you for your service to our Nation, and we welcome your1366family members who have joined you here today. I thank them for1367their support of your service to the country.1368    Mr. Bergin, for nearly 30 years, I've been a member of1369either the House or the Senate Committee on Veterans' Affairs.1370I cannot recall a time in which I thought that the legislative1371affairs of the Department of Veterans Affairs was as helpful to1372me as a House member or as a Senator, but more importantly to1373my constituents. I can't recall the time in which I thought,1374``Wow, this is really a good job being done.''1375    We had a bit of this conversation in my office, and every--1376as I became a leader of the Veterans' committees, I had more1377opportunity to have conversations and hearings with those who1378were assigned the task of improving service to Members of1379Congress, service to the committees, but most importantly, our1380efforts to make sure that veterans who are need our help are1381getting our help.1382    So, if confirmed, what actions would you take early on?1383What's the first steps you would take in your tenure to improve1384the quality and timeliness of VA's communication with Congress,1385instill greater accountability within the Office of1386Congressional and Legislative Affairs, and set the stage for1387better working relationship between the VA and this Committee?1388How would you measure that success?1389    Mr. Bergin. Thank you for that question, Mr. Chairman.1390First of all, I'd like to start with one of the central tenets1391I learned in the Marine Corps was the qualities of leadership1392aren't taking on roles and missions because they're easy, you1393take them on because they're worthwhile. That's why I'm here.1394    As was pointed out, and I'm sure will not come up in future1395questions, I have been working as a senior advisor to the1396Secretary since April. And in that role, and the reason why the1397Secretary brought me on is because he realized a lot of the1398issues that had been raised here, a lot of the challenges, a1399lot of the feedback, and he even experienced that as a1400Congressman over in the House.1401    And I will say to that end as well, as a staffer who's1402worked--I'm looking at the back row of there, but I've spent1403some time over there, and Senator Blumenthal, I'd like to1404compliment you for hiring a fellow Tar Heel. I've spent time1405back there, and I know the frustrations of the challenges of1406actually getting responses back from nearly every agency in1407government.1408    I can't commit to you that it will be perfect, but I can1409sincerely commit to you that I'll use the experience that I1410have both in leadership and in working in Congress to get that1411done. And to that effect, in my current role, I've spent time1412making recommendations on the way the office should be1413organized as far as actual personnel, personnel roles, and1414then, also on processes.1415    I had the good fortune of working in the Marine Corps1416Office of Legislative Affairs, and I sincerely appreciate the1417leadership of the Marines that I served with over there. I1418think they built a good model, and I'm trying to take away from1419that model the experiences that I have that I thought were1420valuable. And then add on top of that, the other experiences1421that I've had while working in Congress.1422    So, to that end, first of all, what was most striking to me1423when I started was the dearth of what we call Congressional1424Relations Officers here, both in the Senate and in the House.1425We're pretty short-staffed on that end, and I find it very1426challenging to be able to accomplish this role without having1427those assets out there; the people that are knowledgeable, both1428of your offices and your issues, being able to provide that1429candid feedback to the office of OCLA and to the Secretary.1430    So, I've made recommendations that we staff up in those1431positions. And I've also made recommendations, internal, to1432processes as far as trying to respond to the Committee in a1433timely and useful manner, like providing you relevant1434information that's actually substantive to your request.1435Because my experience has been when you don't answer questions,1436you tend to get more questions, you also tend to get more1437hearings. And I don't know that that's what anyone wants here1438on the Committee, and I certainly respect your time. So, if1439confirmed, sir, I will continue to work on that and implement1440some of the recommendations that I've already made.1441    Chairman Moran. Mr. Bergin, thank you for your answer. And1442I appreciate that it's a difficult task getting timely answers1443from any department or any agency almost without exception. And1444I don't know what the exception is, but I want to give somebody1445the benefit of the doubt in case there is one.1446    But I do want to highlight that this is not an ego kind of1447thing because when the Department of Veterans Affairs fails to1448respond to us, this Committee, the Members of this Committee,1449the Members of the Senate, it further jeopardizes the life and1450well-being of veterans across the country.1451    And I've said this so many times, mostly what I know about1452what is veterans are encountering is because they'll stop me on1453the street, they'll send me an email, they'll tell me the1454story, and that begins the process by which we try to solve1455problems, sometimes individually. And sometimes those1456individual problems then lend itself to us figuring out how do1457we solve problems for more than just a veteran, but veterans1458across the country.1459    And so, your job, if confirmed, is hugely important. I1460mean, you indicate, and I believe you, that you're doing this1461for the--by motivation of wanting to care for your fellow1462veterans. This is a task that needs the attention, not because1463you want to make Members of this Committee happy, but because1464if you provide the information, perhaps we, along with many1465others, can serve those veterans and make their life longer,1466healthier, and the benefits they need to care for themselves,1467their education, their family.1468    It's different than just the usual complaint that I suppose1469Members of Congress might have about an agency that doesn't1470respond and doesn't function well. The functioning of what you1471do can be a life-or-death circumstance for those we all serve1472and all care about. Senator Blumenthal.1473    Senator Blumenthal. Thank you, Mr. Chairman. And I will say1474I agree with everything that you have articulated so well just1475now, and I think it summarizes a lot of the role of our1476Committee, and all of us as Members of the United States1477Senate.1478    Let me just come right to the point. First of all, thank1479you for your service. Thank you to your family, for their1480service, and thank you for your willingness to serve in this1481position. You've been senior advisor at the VA since April,1482correct?1483    Mr. Bergin. Correct.1484    Senator Blumenthal. And during that time, the VA has1485engaged in systematic denial of facts, stonewalling of this1486Committee in an unprecedented way. And it's been, frankly,1487bipartisan, both sides, inquiries in effect, either ignored or1488blown off. The few answers we get are mostly boilerplate, non-1489responsive repetitions of talking points that failed to address1490basic questions.1491    It's been true of Secretary Collins testimony, but also the1492responses that we've received, for example, about the VA's DOGE1493team, what they do, who they are, what they're working on.1494We've asked by email, and we've asked in hearings, Senator King1495has sent a letter, and then more than a dozen colleagues join1496me in sending subsequent letter requesting information1497briefing.1498    We've asked about contracts, and the response has been1499either to give us inaccurate information, which was1500acknowledged to be inaccurate, or telling us that you, ``will1501not be providing a briefing on this issue.'' How do you explain1502this abject failure on the part of the VA?1503    Mr. Bergin. Senator, first, I want to make sure I clarify1504that I personally did not say that I would not provide a1505briefing and I want to make sure that that's not the case. And1506I cannot speak to all the decisions that have been made, sir,1507but what I can tell you is I also recognize the challenges that1508the Secretary has taken on in his role. And I think as everyone1509in this room can attest, the Department of Veterans Affairs is1510not a flawless organization, but it is a very large1511organization----1512    Senator Blumenthal. Well, let me just ask the question1513again, and I apologize if I implied that you told us that you1514would not be providing the briefing, the department told us you1515have been an advisor in the office that was supposed to be1516responding. Have you been involved in any of the answers to any1517individuals on this Committee or the Committee itself?1518    Mr. Bergin. No, sir.1519    Senator Blumenthal. You've had no involvement?1520    Mr. Bergin. I have not.1521    Senator Blumenthal. What have you been doing?1522    Mr. Bergin. I've been working on organizing the Office of1523Congressional Legislative Affairs in a way that if I'm1524confirmed, sir, it will be ready to be more responsive. And I1525would say, I think if you go back and you look at least at the1526timeliness of responses that we have been working to some1527degree to be able to provide those, I've not been involved in1528the substance or----1529    Senator Blumenthal. Part of the answer that you've just1530given me, and I apologize for interrupting, because my time is1531going to expire shortly, you just said you've been working in1532restructuring the office so it would be ``more responsive.''1533    Mr. Bergin. Correct, sir.1534    Senator Blumenthal. I'm going to view that in the most1535positive light and say, my conclusion is that you would join me1536in feeling that the office has been unresponsive so far. But1537you don't have to agree with me or not. The record shows it has1538been abjectly unresponsive. And to the extent you've been1539involved as an advisor, and you've known of our1540dissatisfaction, and you're going to be taking over, I am1541troubled that you haven't said to the Secretary, ``Secretary1542Collins, we got to do something here because we're not1543answering these valid requests for information.'' Did you ever1544go to him and say that?1545    Mr. Bergin. Senator, I'm very sensitive to the concerns1546that you've expressed and appreciate them very much. I have had1547conversations with the Secretary about our ability to respond1548promptly and substantively. That is his intent, is to be able1549to get there. The challenges are that the size of the1550organization takes some time to be able to get there.1551    And I think everyone would agree that the policy positions1552of the previous administration and the current administration1553are fairly vast. So, turning around on a dime for those1554policies is a challenge that we are working on addressing. So,1555getting the voice and the vernacular correct in the way we1556respond is something that's a work in progress.1557    Senator Blumenthal. My time has expired. Thank you, sir.1558    Chairman Moran. Senator King.1559    Senator King. First, I should say that you're having been1560an advisor before now I consider a qualification as opposed to1561the last witness. The fact that you've been involved in the1562inner workings, you know what the problems are. Your record is1563really impressive, and I want to acknowledge that, going back1564to your enlistment, and anyone that was at Fallujah deserves1565our respect and thanks.1566    Senator King. I intend to----1567    Chairman Moran. Senator King, would you pull the microphone1568closer----1569    Senator King. I'm sorry----1570    Chairman Moran. I can't hear and I want to hear more.1571    [Laughter.)1572    Senator King. That's a first. I hope that gets in the1573record.1574    I'm going to support your nomination because you strike me1575as a straightforward guy who's going to do his best. And I1576think you have your work cut out for you. The department thus1577far has not been forthcoming, has not been responsive, and1578Senator Blumenthal sort of went down the list.1579    And I hope that the way you're going to approach this is,1580``Hey, this is our board of directors up there. We better1581listen to them, and we better give them the facts,'' and that1582is that your approach; that you view your job as conveying to1583us the factual information about the conduct of the department,1584and the positions of the department, and the intentions of the1585department. Is that a fair description of your job description?1586    Mr. Bergin. It's a fair description, and it's unfortunate1587that the chairman just stepped out. But to the same point,1588Senator, I am very conscious of the fact that I will not make1589everyone in this room happy. But the necessary part of this1590role in particular is that we have the discussions, we convey1591the information, and where we disagree, we have that1592disagreement and it's an open discussion.1593    Senator King. Well, I have no problem with being unhappy1594with the content. What makes me unhappy is when I'm not--my1595questions aren't answered and I don't get the information. We1596can differ over the policies, but the important thing is that1597we have the information.1598    A perfect example is this reorganization. I don't1599understand why this has to be treated as a national security1600matter with non-disclosure agreements and not informing the1601Committee--a major reorganization that involves the firing of160280,000 people is of concern to this Committee. And I think we1603ought to have an open dialogue with the department about how1604it's being approached. What's the plan? Who's going to be1605making the decisions, what's the timeline? To me, it undermines1606our confidence when we don't get the information.1607    Another example is the contracts. We started looking for1608those contracts when the Secretary announced 585 contracts1609canceled, I think it was on March 4th. We've been asking, and1610asking, and asking, and the fact that we haven't gotten a1611straight answer to that question means we're suspicious. What1612are we not being told? What's in those contracts that the1613Secretary doesn't want us to know about?1614    And so, you can go a long way, and I hope you'll really be1615strong and say, ``Look, this is in the interest of you, Mr.1616Secretary, and the department, to rebuild the confidence of the1617Committee.'' This is a generally bipartisan Committee, all1618committed to veterans. And I think you're in an excellent1619position. You have a great record to be a really valuable1620interface between us and the department, but you have your work1621cut out for you.1622    Mr. Bergin. Well, Senator, thank you. First of all, thank1623you for your personal comments. I appreciate those. I can tell1624you for your questions, in particular on contracts, Senator,1625that the Secretary did come back to me, and he expressed1626frustration about the fact that we haven't provided you that1627information, and he wanted to be able to have that open1628discussion.1629    Because at the heart of it, and I do believe this, Senator,1630and I wouldn't be here if I didn't, the Secretary does want to1631get resources directly to veterans and the effort that he is1632leading, which is a humongous challenge, I think everyone here1633would acknowledge, is a large undertaking with many challenges.1634    And part of those challenges, particularly when it comes to1635personnel and when it comes to contracts are there's very1636extensive deliberations involved in that, that make it very1637challenging when you're in the middle of those deliberations,1638to include court involvement as well, sir. So, the challenge1639has been getting organized in a way where we can provide you1640that information, it be deliberative, and it actually represent1641the policies of both the Secretary and the administration.1642    Senator King. Well, there's a tension between preliminary,1643and predecisional, and final, and you don't get any input. And1644there's some space in between there where we should be engaged.1645And it doesn't have to be the earliest part of the discussion,1646but it may be before the final decisions are made and we're1647presented with a fait accompli.1648    My problem is that there's a wise old man once said, ``What1649you do speaks so loudly, I can't hear what you say.'' And the1650Secretary comes before this Committee and repeats over and over1651how he's all for veterans. But what's being done, both in terms1652of the proposed firing of 80,000 people, and the lack of1653transparency to us about that program, and about the contracts,1654speaks louder than that language about, ``We're all in this for1655the veterans.''1656    We all are in for the veterans, but I'm interested in what1657you're going to do, not what you're going to say. Thank you,1658Mr. Chairman.1659    Mr. Bergin. Thank you, sir.1660    Chairman Moran. Senator Hirono.1661    Senator Hirono. Thank you, Mr. Chairman. Welcome, Mr.1662Bergin. I will start with the fitness to serve initial1663questions that I asked Ms. Mason. Since you became a legal1664adult, have you ever made unwanted requests for sexual favors1665or committed any verbal, or physical harassment, or assault of1666a sexual nature?1667    Mr. Bergin. No.1668    Senator Hirono. Have you ever faced discipline or entered1669into a settlement related to this kind of conduct?1670    Mr. Bergin. No.1671    Senator Hirono. So, Mr. Bergin, having served in several1672congressional offices, being a veteran, if your office is1673anything like mine, a lot of the constituent services requests1674come from veterans. Did you find that to be the case in your1675service for the congressional offices?1676    Mr. Bergin. Absolutely. I mean, it's my observation that1677it's actually the primary outlet. And one of the reasons why1678this relationship is so valuable is that you represent the1679veterans in your state. So, you're a tremendous resource for us1680to work together.1681    Senator Hirono. So, I would think that you would consider1682our ability to respond to veterans to call our offices for1683help, that that would be a priority for you to make sure that1684the VA responds and provides the kind of information that the1685veteran is looking for. And a lot of times, it's things like,1686you know, with the ratings and all of that. And I think you1687understand the need to get back to them with these kinds of1688answers.1689    Mr. Bergin. Absolutely. And just anecdotally, when I was1690first nominated for this position, I think I officially became1691a congressional office because I received at least 20 calls1692from veterans asking me about things that were going on in1693their requests as well.1694    Senator Hirono. So, I hope that you can make a commitment1695to us that it will be a high priority for you to respond to1696congressional offices' inquiries on behalf of veterans.1697    Mr. Bergin. Absolutely.1698    Senator Hirono. And the reality is, though, that things are1699pretty chaotic within the VA. You know, that the word chaos1700comes to mind. You have firings, you have canceling of1701contracts, et cetera, et cetera. And in order to respond to our1702inquiries on behalf of veterans, you need people to respond to1703them. And so, I would hope that you're going to do whatever1704you're going to do to get the workers back, because when you1705start talking about another 80,000 or so more people being1706fired, that is not reassuring regarding a commitment to making1707sure that constituent services for veterans will be a high1708priority. It's a problem. Don't you think it's a challenge?1709    Mr. Bergin. It's a big challenge. I agree.1710    Senator Hirono. And you acknowledge that the VA is a huge1711agency. And in fact, it is the largest healthcare system in the1712entire country. You have to deal with homelessness, suicides,1713all the things that your--a prior Secretary says, ``put at the1714top of the list.'' But from where I sit--and in fact I have1715been told by my staff as they try to help veterans with their1716questions, that they don't even get an acknowledgement that the1717VA has received their inquiry.1718    I hope that that is something that you will fix. Because if1719we don't even know whether the VA has gotten our inquiry, it's1720like we're just sitting there going, ``What the hell?'' So,1721will you at least implement, ``Yes, we got your inquiry. We're1722working on it.'' That would help.1723    Mr. Bergin. I think that's a fair standard operating1724procedure. And to that point, and just real quickly, we have1725two to three staff that do constituent services across all of1726Congress. That's not enough, and we're working on filling those1727positions so that we can be more responsive.1728    Senator Hirono. And already we are seeing delays. And not1729only do we not get an acknowledgement that VA got our inquiry,1730but there is a delay now in getting answers. You know, and1731really with the veterans, I don't need to lecture you on the1732importance of making sure that the veterans who served our1733country, that they get responses. It's very frustrating. We1734hear from so many of them who've said, ``I've been waiting1735months,'' and you sound like the kind of person who will give a1736rip about those kinds of instances and you would want to fix1737it.1738    Mr. Bergin. I will.1739    Senator Hirono. Okay. Well, a positive kind of an attitude.1740I like that, and frankly should you get confirmed. I look1741forward to the kind of changes that will be happening so that1742we can get responses, we can help our veterans, they can get1743answers, they can get delayed payments, et cetera, et cetera,1744because you've been there.1745    Mr. Bergin. If confirmed.1746    Senator King. Maybe he can get some of those 100 people cut1747from the OIG's office.1748    Senator Blumenthal. Maybe when you add to your staff, you1749can hire back some of the veterans who've been fired.1750    Mr. Bergin. We have several veterans on our staff. And1751while we're here, sir, I'd like to recognize, although we've1752been saying that we are understaffed, and there have been1753challenges in the office, what I have found since I've been1754there since April is, the team that is there is almost entirely1755veteran, is extremely diverse and highly qualified, and have1756been working their tails off many over and through the weekend1757to get this done. And I know that that doesn't look1758satisfactory on your end, but I want to make sure that I1759recognize the hard work that people are doing in this1760environment.1761    Senator Blumenthal. And I want to be clear----1762    Chairman Moran. Senator Blumenthal.1763    Senator Blumenthal. I'm sorry, Mr. Chairman. Thank you. I1764want to be clear that nothing I have said now or at any time in1765the past is to impugn in any way the work ethic of the VA1766workforce. And I am pleased to hear that you think that your1767office should be more responsive. The responsibility for the1768evasive and inadequate responses, I put squarely on Secretary1769Collins.1770    Mr. Bergin. Senator, to that point, Secretary Collins is1771also frustrated, and he's depending on people like myself, if1772confirmed, and the other leaders in the organization who,1773rightfully, this Committee is putting pressure on to fill those1774leadership roles and to get the job done as the Senator from1775Hawaii pointed out to serve those veterans.1776    Senator Blumenthal. Thanks, Mr. Chairman.1777    Chairman Moran. Mr. Bergin, and I have just a follow-up and1778then we'll conclude the hearing. While I've highlighted the1779importance of communications, and timeliness, and response, I1780also want to ask for your help, if confirmed, in one other1781arena, although there'll be dozens more than the two I will1782mention today.1783    We also need to make sure that the Department of Veterans1784Affairs follows the letter of the law, follows congressional1785intent. And I hope that you and your position, if confirmed,1786would be the voice for making certain that the intentions of1787this Committee and the legislation that is passed by Congress1788is something that the Department of Veterans Affairs1789implements, interprets, and proceeds in the manner in which the1790law says. And in the absence of a clear understanding that of1791what those words mean that you convey to those who are1792implementing legislation passed the intent of Congress, does1793your role include that and are you willing to do so?1794    Mr. Bergin. Absolutely, Mr. Chairman. And I have to say, I1795do not think that I will be put in that position, but as we1796started off this panel, I've raised my right hand for an oath1797to the Constitution many times in my career, and I intend to1798die holding true to that commitment. So, I will follow the law.1799    Chairman Moran. Thank you. And I guess the additional part1800of that response is that you will encourage and that the1801Department of Veterans Affairs also does so.1802    Mr. Bergin. Yes, sir.1803    Chairman Moran. Anyone? Okay. Mr. Bergin, there appears to1804be no other questions, and I thank you for your testimony and1805your time spent with us. Again, I thank you for your service,1806your family's commitment to your service, your family's1807service.1808    If any Member of this Committee would like to send1809questions for the record to either one of the nominees, they1810should do so as soon as possible and no later than the close of1811business tomorrow. And we would appreciate--here's the standard1812line in my closing of a hearing--and we appreciate the timely1813response to any such questions the nominee may receive.1814    With that, the hearing is adjourned.1815    [Whereupon, at 5:36 p.m., the hearing was adjourned.]18161817---------------------------------------------------------------------18181819                          A P P E N D I X18201821---------------------------------------------------------------------18221823---------------------------------------------------------------------18241825                           Opening Statement18261827---------------------------------------------------------------------18281829    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]18301831---------------------------------------------------------------------18321833                        Introduction Statements18341835---------------------------------------------------------------------18361837     [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]18381839---------------------------------------------------------------------18401841                        Nomination Material for18421843                           HON. CHERYL MASON18441845---------------------------------------------------------------------18461847    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]18481849----------------------------------------------------------------------18501851                        Nomination Material for18521853                               DON BERGIN18541855-----------------------------------------------------------------------18561857    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]18581859------------------------------------------------------------------------18601861                       Submissions for the Record18621863------------------------------------------------------------------------18641865    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]18661867                                  [all]