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Today, Rep. Jen Kiggans, (R-Va.), the Chairwoman of the House Committee on Veterans’ Affairs Subcommittee on Oversight and Investigations, delivered the following remarks, as prepared, at the start of the Subcommittee’s oversight hearing to take a closer look at accountability at VA and how to better protect whistleblowers:

Good morning.

The Committee will come to order.

I want to welcome our witnesses.

I also ask unanimous consent that Representative Obernolte be able to participate in questioning.

Hearing no objection, we will proceed.

The first hearing I held as the Chairwoman of this Subcommittee was titled: “Accountability at VA: Leadership Decisions Impacting its Employees and Veterans.”

At that hearing, and at many other hearings over the past 10 months, my colleagues and I have stressed the importance of building a culture of accountability at VA.

It’s clear that when accountability slips at VA, it is the veteran who suffers.

The bipartisan VA Accountability and Whistleblower Protection Act of 2017 was an important step in the second largest federal agency’s accountability journey.

The law gave the Secretary new tools to hold poor performing employees accountable and swiftly remove employees who are not carrying out VA’s mission of putting veterans first.

A culture of accountability cannot exist at VA if their leadership continues to tolerate employees that harm veterans and harass fellow employees.

Full stop.

A culture of accountability also cannot exist if VA employees are not empowered to speak out when they see this harm and harassment!

That’s why, in addition to the disciplinary authorities created, the 2017 law established the Office of Accountability and Whistleblower Protection – or OAWP.

OAWP was given the explicit task of investigating and making disciplinary recommendations concerning senior executives and whistleblower retaliators.

It is broadly accepted that the first few years of OAWP’s existence were an absolute failure.

At best, OAWP was a completely ineffective organization; at worst it was a tool used to retaliate against the same whistleblowers it was tasked with protecting.

Last Congress, bipartisan legislation passed the House, which would have taken away OAWP’s investigative authority. It was not considered by the Senate.

This Congress, OAWP has confidently told my staff that things are much better now; that they’ve put the right people and policies in place.

I do not doubt that OAWP has many good employees who are attempting to make things right.

But I also know that these employees are fighting an uphill battle.

Many VA employees I engage with don’t trust OAWP, and as a result they are hesitant to engage with the office.

It’s not hard to understand why these employees are hesitant:

•  Many VA employees do not view OAWP as ‘independent’ as OAWP’s leadership reports directly to the VA Secretary;

•  VA employees know about OAWP’s past failings, and the office has not earned VA employees’ trust;

•  And, many employees who’ve engaged with OAWP quite simply haven’t seen results.

Also, VA whistleblowers have other avenues to ensure they receive necessary protections.

The Office of Special Council – or OSC – has existed for more than 40 years and seems to do a pretty good job.

OSC conducts investigations on almost every federal agency including almost as many VA investigations as OAWP.

OSC also seems to get results. In 2022, they negotiated favorable actions with agencies in 12.5% of its prohibitive personnel practice cases. By contrast, OAWP only recommended discipline in 3.4% of its cases.

I know that OSC and OAWP have somewhat different missions, and I know that OSC has had decades to work out the kinks, but I’m still left wondering if OAWP’s juice is worth the squeeze!

OAWP’s budget request this year is $30 million, only $4 million less than OSC’s. 

Last Congress, this Committee decided some of this $30 million could be better spent by OSC, or in other ways that protect veterans and whistleblowers.

I look forward to examining whether OAWP is money well spent to build a better VA.

I am also eager to learn about how VA is working to ensure that all VA whistleblowers are heard, protected, and empowered to speak out free of retaliation.

I appreciate our witnesses being here today to share their expertise on whistleblower protections at VA and I am looking forward to our discussion this morning.