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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5932 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5932
To enhance employee accountability, prevent fraud, strengthen
whistleblower protections, and modernize disability rating processes in
the Department of Veterans Affairs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 7, 2025
Mr. Biggs of Arizona introduced the following bill; which was referred
to the Committee on Veterans' Affairs, and in addition to the
Committees on the Judiciary, and Oversight and Government Reform, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To enhance employee accountability, prevent fraud, strengthen
whistleblower protections, and modernize disability rating processes in
the Department of Veterans Affairs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Claims Legitimacy and Evaluation
Accountability Nationwide for VA Act'' or the ``CLEAN VA Act''.
SEC. 2. EXPEDITED PROCEDURES FOR EMPLOYEE ACCOUNTABILITY ACTIONS.
(a) Modification of Disciplinary Procedures for Department of
Veterans Affairs Employees.--Section 714 of title 38, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``by substantial
evidence'' after ``the Secretary determines''; and
(B) by adding at the end the following new
paragraph:
``(3)(A) When making an initial decision under this subsection with
respect to determining whether a covered individual should be removed,
demoted, or suspended, the deciding employee of the Department shall
exclusively apply the following factors:
``(i) The nature and seriousness of the offense, and its
relation to the covered individual's duties, position, and
responsibilities, including whether the offense was intentional
or technical or inadvertent, or was committed maliciously or
for gain, or was frequently repeated.
``(ii) The covered individual's job level and type of
employment, including supervisory or fiduciary role, and
prominence of the position.
``(iii) The covered individual's past disciplinary record.
``(iv) The covered individual's past work record, including
length of service, performance on the job, ability to get along
with fellow workers, and dependability.
``(v) Mitigating circumstances surrounding the offense such
as unusual job tensions, personality problems, mental
impairment, harassment, or bad faith, malice, or provocation on
the part of others involved in the matter.
``(B) The Secretary shall review the initial decision and uphold
such decision if it is supported by substantial evidence.'';
(2) in subsection (c)--
(A) by striking paragraph (1)(D); and
(B) in paragraph (3), by inserting before the
period the following: ``, and the Secretary may carry
out such a removal, demotion, or suspension without
first placing a covered individual on a performance
improvement plan'';
(3) in subsection (d)--
(A) in paragraph (2), by adding at the end the
following new subparagraph:
``(C) Except to the extent that an appeal under this subsection
presents a constitutional issue, the administrative judge may not
review a challenge to the penalty imposed against the covered
individual.'';
(B) in paragraph (3), by adding at the end the
following new subparagraph:
``(D) Except to the extent that an appeal under this subsection
presents a constitutional issue, the Merit Systems Protection Board may
not review a challenge to the penalty imposed against the covered
individual.'';
(C) in paragraph (5), by adding at the end the
following new subparagraph:
``(C) Except to the extent that an appeal under this subsection
presents a constitutional issue, such Court may not review a challenge
to the penalty imposed against the covered individual or mitigate such
penalty.''; and
(D) by striking paragraph (10); and
(4) by redesignating subsection (h) as subsection (j).
(b) Timing of Disciplinary Actions.--Section 714 of title 38,
United States Code, is further amended by inserting after subsection
(a) (as amended by subsection (a) of this section) the following new
subsection:
``(b) Timing.--
``(1) The aggregate period for notice, response, and final
decision by the Secretary of an action under this section may
not exceed 15 business days.
``(2) The period for the response of a covered individual
to a notice under subsection (a)(2)(A) shall be 7 business
days.
``(3) The final decision by the Secretary under subsection
(a)(1)(B) shall--
``(A) be issued not later than 15 business days
after notice is provided under subsection (a)(2)(A);
and
``(B) be in writing and shall include the specific
reasons for the decision.''.
SEC. 3. ENHANCED PENALTIES FOR VA EMPLOYEE FRAUD AND MISCONDUCT;
WHISTLEBLOWER PROTECTIONS AND INCENTIVES.
(a) Enhanced Penalties for Fraud and Misconduct.--
(1) Public money, property, or records.--Section 641 of
title 18, United States Code, is amended by adding at the end
the following: ``If the offense under this section is committed
by an employee of the Department of Veterans Affairs, acting in
an official capacity or using access to veterans' records or
benefits systems, the term of imprisonment shall be not more
than 15 years, and any fine imposed shall be not more than
$500,000. The court shall order mandatory restitution to the
Department of Veterans Affairs or the United States Treasury
for any loss sustained.''.
(2) False statements.--Section 1001 of title 18, United
States Code, is amended by adding at the end the following:
``If the offense involves the falsification or concealment of
material facts related to a claim for veterans' benefits or the
performance of duties by a Department of Veterans Affairs
employee, the term of imprisonment shall be not more than 10
years, and any fine imposed shall be not more than $250,000.''.
(3) Bribery of public officials and witnesses.--Section 201
of title 18, United States Code, is amended by adding at the
end the following: ``If the public official is employed by the
Department of Veterans Affairs, and the bribe or gratuity
relates to the processing or awarding of veterans' benefits or
contracts, the maximum fine shall be twice the amount of the
bribe or thing of value received, and the term of imprisonment
shall be not more than 20 years.''.
(4) False statements or fraud to obtain federal employees'
compensation.--Section 1920 of title 18, United States Code, is
amended by adding at the end the following: ``If a person
convicted under this section is an employee of the Department
of Veterans Affairs and the fraudulent conduct relates to
veterans' disability, compensation, or employment benefits,
such person shall be fined not more than $250,000, imprisoned
not more than 10 years, and shall forfeit any Federal pension
or annuity benefits pursuant to section 8312 of title 5.''.
(5) Forfeiture of federal pension and annuity benefits.--
Section 8312 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(e) An individual convicted of an offense under section 641,
1001, 201, or 1920 of title 18, United States Code, as amended by the
Claims Legitimacy and Evaluation Accountability Nationwide for VA Act,
if such individual is an employee of the Department of Veterans Affairs
and the offense relates to their duties, shall forfeit any entitlement
to annuity or retired pay under this chapter or chapter 84 of this
title.''.
(b) Whistleblower Protections and Incentives.--
(1) Expedited retaliation investigations.--Section 2303 of
title 5, United States Code, is amended by adding at the end
the following new subsection:
``(e) In the case of a retaliation claim involving an employee of
the Department of Veterans Affairs, the Office of Accountability and
Whistleblower Protection shall complete investigations within 60 days
of filing. The Office shall provide written justification to Congress
for any delay beyond 60 days and shall ensure interim protections
against reassignment or adverse personnel actions while claims are
pending.''.
(2) Transparency and oversight of settlements.--The
Secretary of Veterans Affairs shall report annually to the
Inspector General of the Department of Veterans Affairs and the
Committees on Veterans' Affairs of the Senate and House of
Representatives on the number of whistleblower retaliation
claims filed, investigated, and settled; the total settlement
amounts; and whether settlement obligations were fulfilled. The
Secretary shall publish an anonymized summary of this report on
the Department's website.
(3) Incentive awards for valid disclosures.--The Secretary
of Veterans Affairs is authorized to provide monetary awards up
to $10,000 for substantiated internal disclosures that prevent
or uncover significant fraud, waste, or abuse valued over
$100,000. Such awards shall be funded from recovered amounts
when practicable and shall not be considered compensation for
pension or benefit purposes.
(4) Independent review and reporting.--The Comptroller
General of the United States shall review the implementation of
the provisions of this subsection within 2 years of the date of
enactment of this Act and submit a report to Congress on the
timeliness of investigations, settlement compliance, and
effectiveness of incentive provisions.
SEC. 4. REVIEW OF THE VA DISABILITY RATING SCHEDULE.
(a) Comprehensive Review.--The Secretary of Veterans Affairs shall
conduct a comprehensive review of the Department of Veterans Affairs
schedule for rating disabilities to--
(1) identify vulnerabilities to fraudulent, exaggerated, or
duplicative claims;
(2) assess whether existing rating criteria accurately
reflect current medical standards and functional impairment
measures; and
(3) recommend updates to ensure consistency, integrity, and
fairness in disability determinations.
(b) Integration of Artificial Intelligence and Data Analytics
Tools.--
(1) The Secretary shall, in consultation with the Inspector
General of the Department of Veterans Affairs and the
Comptroller General of the United States, develop and implement
a program utilizing data analytics and artificial intelligence
systems to proactively identify irregularities or high-risk
indicators within disability claims.
(2) Such systems shall be modeled, to the extent
practicable, after the Waste, Fraud, and Abuse Identification
and Reporting system utilized by the Centers for Medicare &
Medicaid Services.
(3) All findings generated through automated or algorithmic
processes shall be subject to human review and validation
before any administrative or disciplinary action may be taken.
(4) The Secretary shall ensure that the use of such systems
respects all due process protections and privacy safeguards
afforded to claimants under Federal law.
(c) Coordination and Oversight.--The Secretary shall coordinate
with the Office of Inspector General and the Government Accountability
Office to--
(1) evaluate the effectiveness of the tools described in
subsection (b);
(2) identify risks of over-flagging or under-detection of
improper claims; and
(3) recommend best practices to ensure balanced oversight
and prevention of misuse.
(d) Reporting Requirement.--Not later that 180 days after the date
of enactment of this Act, the Secretary shall submit to the Committees
on Veterans' Affairs and Oversight and Accountability of the House of
Representatives and the Committees on Veterans' Affairs and Homeland
Security and Governmental Affairs of the Senate a report detailing--
(1) the results of the review conducted under subsection
(a);
(2) vulnerabilities identified and corrective measures
proposed;
(3) the status of data analytics and artificial
intelligence integration under subsection (b); and
(4) recommendations for further modernization of the
disability rating process.
SEC. 5. MANDATORY ETHICS AND FRAUD PREVENTION TRAINING.
(a) Requirement for Annual Training.--Subchapter II of chapter 77
of title 38, United States Code, is amended by adding at the end the
following new section:
``Sec. 7735. Mandatory ethics and fraud prevention training
``(a) Requirement.--The Secretary shall require all employees of
the Department to complete annual training on ethics, fraud prevention,
and compliance with applicable laws and regulations.
``(b) Oversight.--The Inspector General of the Department shall
oversee compliance with the training requirement under subsection (a)
and submit an annual report to the Committees on Veterans' Affairs of
the Senate and House of Representatives on training completion rates
and any identified deficiencies.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 77 of title 38, United States Code, is amended by inserting
after the item relating to section 7734 the following new item:
``7735. Mandatory ethics and fraud prevention training.''.
SEC. 6. REVIEW OF THE VA DISABILITY RATING SCHEDULE.
(a) Comprehensive Review.--The Secretary of Veterans Affairs shall
conduct a comprehensive review of the Department of Veterans Affairs
Schedule for Rating Disabilities to--
(1) identify vulnerabilities to fraudulent, exaggerated, or
duplicative claims;
(2) assess whether existing rating criteria accurately
reflect current medical standards and functional impairment
measures; and
(3) recommend updates to ensure consistency, integrity, and
fairness in disability determinations.
(b) Integration of Artificial Intelligence and Data Analytics
Tools.--
(1) The Secretary shall, in consultation with the Inspector
General of the Department of Veterans Affairs and the
Comptroller General of the United States, develop and implement
a program utilizing data analytics and artificial intelligence
systems to proactively identify irregularities or high-risk
indicators within disability claims.
(2) Such systems shall be modeled, to the extent
practicable, after the Waste, Fraud, and Abuse Identification
and Reporting system utilized by the Centers for Medicare &
Medicaid Services.
(3) All findings generated through automated or algorithmic
processes shall be subject to human review and validation
before any administrative or disciplinary action may be taken.
(4) The Secretary shall ensure that the use of such systems
respects all due process protections and privacy safeguards
afforded to claimants under Federal law.
(c) Coordination and Oversight.--The Secretary shall coordinate
with the Office of Inspector General and the Government Accountability
Office to--
(1) evaluate the effectiveness of the tools described in
subsection (b);
(2) identify risks of over-flagging or under-detection of
improper claims; and
(3) recommend best practices to ensure balanced oversight
and prevention of misuse.
(d) Reporting Requirement.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall submit to the Committees
on Veterans' Affairs and Oversight and Accountability of the House of
Representatives and the Committees on Veterans' Affairs and Homeland
Security and Governmental Affairs of the Senate a report detailing--
(1) the results of the review conducted under subsection
(a);
(2) vulnerabilities identified and corrective measures
proposed;
(3) the status of data analytics and artificial
intelligence integration under subsection (b); and
(4) recommendations for further modernization of the
disability rating process.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Veterans' Affairs, and in addition to the Committees on the Judiciary, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Veterans' Affairs, and in addition to the Committees on the Judiciary, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Veterans' Affairs, and in addition to the Committees on the Judiciary, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Oversight and Investigations.
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