New VA Deputy Secretary Donald Remy, left, was sworn in by VA Secretary Denis McDonough last month. Photo from VA Secretary’s Twitter feed

WASHINGTON — Former National Collegiate Athletic Association (NCAA) attorney Donald Remy, an Army veteran, has been confirmed by the Senate to be the VA’s deputy secretary.

The 91-8 vote last month came after a six-week delay initiated by Sen. Marsha Blackburn (R-TN), who put a hold on the confirmation of four VA leaders, demanding answers from the agency about proposed toxic exposure legislation. Blackburn’s hold put a roadblock in the way of some of VA’s larger initiatives, which are overseen by the deputy secretary. 

Blackburn’s concerns were about the Comprehensive and Overdue Support for Troops (COST) of War Act, which would lower requirements for veterans to prove the connection between burn pits and other sources of toxic exposure and their medical conditions. That would, in turn, make it easier for them to obtain disability benefits.

Numerous Republican lawmakers have voiced concerns over the bill, warning that the price tag could run into the hundreds of billions of dollars. These lawmakers have pressed VA for a clear answer on estimated cost and whether the department could absorb it. 

Blackburn’s actions sparked strong words from Sen. Jon Tester (D-MT), chairman of the Senate Committee on Veterans’ Affairs. “We can sit here and play these games—holding up nominees to fill critical departments—and we can play them, play them again. But if you’re doing that on behalf of the veterans, that is bull,” Tester said in a speech on the Senate floor in June. 

New VA Deputy Secretary Donald Remy

If Blackburn had concerns over the COST of War Act, she should voice them by debating the bill on the Senate floor, rather than holding VA nominations hostage, Tester declared.

“And by the way, we’re still not done with Agent Orange—hypertension and [multiple myeloma], which is in this bill,” he said. “[Veterans] will die. Some more of them will die. We send our young people off to war, they come back changed, and we don’t have the guts to step up and debate the bill?”

Blackburn eventually relented and let the nominations move forward. She still spoke out against Remy’s nomination, however, this time citing his work with the NCAA as a reason he would not make a good advocate for veterans.

“We need to keep in mind that Mr. Remy was comfortable using his training as a lawyer and his considerable power as a top NCAA official to maintain the culture of exploitation that defines modern college athletics,” Blackburn declared on the Senate floor during the July confirmation vote. “I am not sure what led President Biden to believe that Mr. Remy could help lead an agency notorious for its own brand of careless exploitation. But whatever the reason, we have a duty to get in his way.” 

Despite Blackburn’s passionate objection, Remy was confirmed on July 15. The eight nays were all from Republican senators, with Sen. Lindsay Graham (R-SC) not voting. 

Remy graduated from Howard University School of Law in 1991, joining the Army and serving as assistant to the General Counsel of the Army from 1991-1995. He retired at the rank of captain. 

Following his military service, Remy went to work at the Department of Justice, serving as its deputy assistant attorney general from 1997-2000. He then worked at Fannie Mae as chief compliance officer and general counsel. His work at Fannie Mae derailed a 2009 nomination by President Barack Obama to serve as general counsel of the Army. Remy failed to name the corporation on his nomination forms, eventually resulting in the nomination being withdrawn.  In 2011, he joined the NCAA as its chief operating officer and remained there until moving to the VA.

As deputy secretary, Remy replaces Carolyn Clancy, MD, who has served as acting deputy secretary since the start of President Joe Biden’s term. Clancy will remain at VA in her role as assistant under secretary for health.