CLEAN VA Act
Sponsored By: Representative Rep. Biggs, Andy [R-AZ-5]
In Committee
Summary
Faster accountability and tougher penalties at the Department of Veterans Affairs. This bill would speed up disciplinary action against VA employees, expand criminal penalties and pension forfeiture, strengthen whistleblower protections and incentives, and modernize the VA disability rating process using data and AI.
Show full summary
- Creates expedited discipline rules under 38 U.S.C. 714, allowing removal, demotion, or suspension without a prior performance improvement plan. Sets a 7-business-day response window and final decisions within 15 business days.
- Requires a comprehensive review of the VA disability rating schedule to close fraud vulnerabilities and align criteria with current medical standards. Directs use of data analytics and AI with human review and privacy safeguards and a 180-day report to committees with modernization recommendations.
- Speeds retaliation investigations with a 60-day target and interim protections. Mandates annual reporting and authorizes monetary awards up to $10,000 for disclosures that prevent or uncover fraud valued over $100,000.
- Raises criminal penalties for VA-related offenses and allows forfeiture of Federal annuity or pension for convictions tied to VA duties. Penalties include long prison terms and fines in the hundreds of thousands.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 2 costs, 1 mixed.
Faster discipline for VA employees
If enacted, the VA would have a much faster disciplinary process for covered employees. Notice, a chance to respond, and a final decision would have to occur within 15 business days total. You would have 7 business days to respond to a notice. The VA could remove, demote, or suspend an employee without first requiring a performance improvement plan, and initial penalties must be supported by "substantial evidence." Review boards and courts could not change penalties except for constitutional issues.
Stronger whistleblower protections at VA
If enacted, the VA would speed up whistleblower retaliation investigations to finish within 60 days and must tell Congress if there is a delay. While claims are pending, employees would get interim protections from reassignment or adverse actions. The VA Secretary could award up to $10,000 for substantiated disclosures that prevent or uncover fraud worth more than $100,000, and awards would be paid from recovered funds when practicable and would not count as pensionable pay. The VA must report annually on claims and settlements and require annual ethics and fraud-prevention training with IG oversight.
Tougher penalties and pension loss for VA
If enacted, penalties tied to VA duties would increase. Bribery tied to VA benefits could carry up to 20 years in prison and a fine up to twice the bribe. False statements about VA claims could carry up to 10 years and fines up to $250,000. Theft of VA property or records could carry up to 15 years, fines up to $500,000, and mandatory restitution. Fraud to obtain VA compensation could carry up to 10 years, fines up to $250,000, and forfeiture of Federal pension or annuity. The bill would also make VA employees convicted of those VA-related offenses forfeit any entitlement to an annuity or retired pay.
AI and review tools for VA disability
If enacted, the VA would build data analytics and AI tools, modeled where practicable after the CMS fraud system, to find irregularities in disability claims. Any automated findings would have to be reviewed and validated by a human before any administrative or disciplinary action. The VA would review the disability rating schedule for fraud vulnerabilities and medical accuracy and report recommendations to Congress within 180 days. These tools could catch fraud faster but could also create erroneous flags that delay or reduce benefits if not carefully managed.
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Sponsors & CoSponsors
Sponsor
Rep. Biggs, Andy [R-AZ-5]
AZ • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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