,i #aaith ,,congress #ast ,session ,h4 ,r4 #eicb ,,in ,,the ,,house ,,of ,,representatives ,november #g1 #bjbe,mr4 ,biggs of ,arizona introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs1 and in addition to the ,committees on the ,judiciary1 and ,oversight and ,government ,reform1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to enhance employee accountability1 prevent fraud1 strengthen whistleblower protections1 and modernize disability rating processes in the ,department of ,veterans ,affairs4 #a4 ,short title ,this ,act may be cited as the ,claims ,legitimacy and ,evaluation ,accountability ,nationwide for ,,va ,act or the ,,clean ,,va ,act4 #b4 ,expedited procedures for employee accountability actions 7a7 ,modification of disciplinary procedures for department of veterans affairs employees ,section #gad of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting by substantial evidence after the ,secretary determines2 and 7,b7 by adding at the end the following new paragraph3 7#c7 7,a7 ,when making an initial decision under this subsection with respect to determining whether a covered individual should be removed1 demoted1 or suspended1 the deciding employee of the ,department shall exclusively apply the following factors3 7i7 ,the nature and seriousness of the offense1 and its relation to the covered individual's duties1 position1 and responsibilities1 including whether the offense was intentional or technical or inadvertent1 or was committed maliciously or for gain1 or was frequently repeated4 7ii7 ,the covered individual's job level and type of employment1 including supervisory or fiduciary role1 and prominence of the position4 7iii7 ,the covered individual's past disciplinary record4 7iv7 ,the covered individual's past work record1 including length of service1 performance on the job1 ability to get along with fellow workers1 and dependability4 7v7 ,mitigating circumstances surrounding the offense such as unusual job tensions1 personality problems1 mental impairment1 harassment1 or bad faith1 malice1 or provocation on the part of others involved in the matter4 7,b7 ,the ,secretary shall review the initial decision and uphold such decision if it is supported by substantial evidence4 2 7#b7 in subsection 7c7-- 7,a7 by striking paragraph 7#a77;,d72 and 7,b7 in paragraph 7#c71 by inserting before the period the following3 1 and the ,secretary may carry out such a removal1 demotion1 or suspension without first placing a covered individual on a performance improvement plan2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#b71 by adding at the end the following new subparagraph3 7,c7 ,except to the extent that an appeal under this subsection presents a constitutional issue1 the administrative judge may not review a challenge to the penalty imposed against the covered individual4 2 7,b7 in paragraph 7#c71 by adding at the end the following new subparagraph3 7,d7 ,except to the extent that an appeal under this subsection presents a constitutional issue1 the ,merit ,systems ,protection ,board may not review a challenge to the penalty imposed against the covered individual4 2 7,c7 in paragraph 7#e71 by adding at the end the following new subparagraph3 7,c7 ,except to the extent that an appeal under this subsection presents a constitutional issue1 such ,court may not review a challenge to the penalty imposed against the covered individual or mitigate such penalty4 2 and 7,d7 by striking paragraph 7#aj72 and 7#d7 by redesignating subsection 7h7 as subsection 7j74 7b7 ,timing of disciplinary actions ,section #gad of title #ch1 ,united ,states ,code1 is further amended by inserting after subsection 7a7 7as amended by subsection 7a7 of this section7 the following new subsection3 7b7 ,timing 7#a7 ,the aggregate period for notice1 response1 and final decision by the ,secretary of an action under this section may not exceed #ae business days4 7#b7 ,the period for the response of a covered individual to a notice under subsection 7a77#b77;,a7 shall be #g business days4 7#c7 ,the final decision by the ,secretary under subsection 7a77#a77;,b7 shall-- 7,a7 be issued not later than #ae business days after notice is provided under subsection 7a77#b77;,a72 and 7,b7 be in writing and shall include the specific reasons for the decision4 4 #c4 ,enhanced penalties for ,,va employee fraud and misconduct2 whistleblower protections and incentives 7a7 ,enhanced penalties for fraud and misconduct 7#a7 ,public money1 property1 or records ,section #fda of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,if the offense under this section is committed by an employee of the ,department of ,veterans ,affairs1 acting in an official capacity or using access to veterans' records or benefits systems1 the term of imprisonment shall be not more than #ae years1 and any fine imposed shall be not more than #ejj1jjj4 ,the court shall order mandatory restitution to the ,department of ,veterans ,affairs or the ,united ,states ,treasury for any loss sustained44 7#b7 ,false statements ,section #ajja of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,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 employee1 the term of imprisonment shall be not more than #aj years1 and any fine imposed shall be not more than #bej1jjj44 7#c7 ,bribery of public officials and witnesses ,section #bja of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,if the public official is employed by the ,department of ,veterans ,affairs1 and the bribe or gratuity relates to the processing or awarding of veterans' benefits or contracts1 the maximum fine shall be twice the amount of the bribe or thing of value received1 and the term of imprisonment shall be not more than #bj years44 7#d7 ,false statements or fraud to obtain ,federal employees' compensation ,section #aibj of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,if a person convicted under this section is an employee of the ,department of ,veterans ,affairs and the fraudulent conduct relates to veterans' disability1 compensation1 or employment benefits1 such person shall be fined not more than #bej1jjj1 imprisoned not more than #aj years1 and shall forfeit any ,federal pension or annuity benefits pursuant to section #hcab of title #e44 7#e7 ,forfeiture of ,federal pension and annuity benefits ,section #hcab of title #e1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7e7 ,an individual convicted of an offense under section #fda1 #ajja1 #bja1 or #aibj of title #ah1 ,united ,states ,code1 as amended by the ,claims ,legitimacy and ,evaluation ,accountability ,nationwide for ,,va ,act1 if such individual is an employee of the ,department of ,veterans ,affairs and the offense relates to their duties1 shall forfeit any entitlement to annuity or retired pay under this chapter or chapter #hd of this title4 4 7b7 ,whistleblower protections and incentives 7#a7 ,expedited retaliation investigations ,section #bcjc of title #e1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7e7 ,in the case of a retaliation claim involving an employee of the ,department of ,veterans ,affairs1 the ,office of ,accountability and ,whistleblower ,protection shall complete investigations within #fj days of filing4 ,the ,office shall provide written justification to ,congress for any delay beyond #fj days and shall ensure interim protections against reassignment or adverse personnel actions while claims are pending4 4 7#b7 ,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 filed1 investigated1 and settled2 the total settlement amounts2 and whether settlement obligations were fulfilled4 ,the ,secretary shall publish an anonymized summary of this report on the ,department's website4 7#c7 ,incentive awards for valid disclosures ,the ,secretary of ,veterans ,affairs is authorized to provide monetary awards up to #aj1jjj for substantiated internal disclosures that prevent or uncover significant fraud1 waste1 or abuse valued over #ajj1jjj4 ,such awards shall be funded from recovered amounts when practicable and shall not be considered compensation for pension or benefit purposes4 7#d7 ,independent review and reporting ,the ,comptroller ,general of the ,united ,states shall review the implementation of the provisions of this subsection within #b years of the date of enactment of this ,act and submit a report to ,congress on the timeliness of investigations1 settlement compliance1 and effectiveness of incentive provisions4 #d4 ,review of the ,,va disability rating schedule 7a7 ,comprehensive review ,the ,secretary of ,veterans ,affairs shall conduct a comprehensive review of the ,department of ,veterans ,affairs schedule for rating disabilities to-- 7#a7 identify vulnerabilities to fraudulent1 exaggerated1 or duplicative claims2 7#b7 assess whether existing rating criteria accurately reflect current medical standards and functional impairment measures2 and 7#c7 recommend updates to ensure consistency1 integrity1 and fairness in disability determinations4 7b7 ,integration of artificial intelligence and data analytics tools 7#a7 ,the ,secretary shall1 in consultation with the ,inspector ,general of the ,department of ,veterans ,affairs and the ,comptroller ,general of the ,united ,states1 develop and implement a program utilizing data analytics and artificial intelligence systems to proactively identify irregularities or high-risk indicators within disability claims4 7#b7 ,such systems shall be modeled1 to the extent practicable1 after the ,waste1 ,fraud1 and ,abuse ,identification and ,reporting system utilized by the ,centers for ,medicare ,medicaid ,services4 7#c7 ,all findings generated through automated or algorithmic processes shall be subject to human review and validation before any administrative or disciplinary action may be taken4 7#d7 ,the ,secretary shall ensure that the use of such systems respects all due process protections and privacy safeguards afforded to claimants under ,federal law4 7c7 ,coordination and oversight ,the ,secretary shall coordinate with the ,office of ,inspector ,general and the ,government ,accountability ,office to-- 7#a7 evaluate the effectiveness of the tools described in subsection 7b72 7#b7 identify risks of over-flagging or under-detection of improper claims2 and 7#c7 recommend best practices to ensure balanced oversight and prevention of misuse4 7d7 ,reporting requirement ,not later that #ahj days after the date of enactment of this ,act1 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-- 7#a7 the results of the review conducted under subsection 7a72 7#b7 vulnerabilities identified and corrective measures proposed2 7#c7 the status of data analytics and artificial intelligence integration under subsection 7b72 and 7#d7 recommendations for further modernization of the disability rating process4 #e4 ,mandatory ethics and fraud prevention training 7a7 ,requirement for annual training ,subchapter ,,ii of chapter #gg of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #ggce4 ,mandatory ethics and fraud prevention training 7a7 ,requirement ,the ,secretary shall require all employees of the ,department to complete annual training on ethics1 fraud prevention1 and compliance with applicable laws and regulations4 7b7 ,oversight ,the ,inspector ,general of the ,department shall oversee compliance with the training requirement under subsection 7a7 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 deficiencies4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #gg of title #ch1 ,united ,states ,code1 is amended by inserting after the item relating to section #ggcd the following new item3 #ggce4 ,mandatory ethics and fraud prevention training4 4 #f4 ,review of the ,,va disability rating schedule 7a7 ,comprehensive review ,the ,secretary of ,veterans ,affairs shall conduct a comprehensive review of the ,department of ,veterans ,affairs ,schedule for ,rating ,disabilities to-- 7#a7 identify vulnerabilities to fraudulent1 exaggerated1 or duplicative claims2 7#b7 assess whether existing rating criteria accurately reflect current medical standards and functional impairment measures2 and 7#c7 recommend updates to ensure consistency1 integrity1 and fairness in disability determinations4 7b7 ,integration of artificial intelligence and data analytics tools 7#a7 ,the ,secretary shall1 in consultation with the ,inspector ,general of the ,department of ,veterans ,affairs and the ,comptroller ,general of the ,united ,states1 develop and implement a program utilizing data analytics and artificial intelligence systems to proactively identify irregularities or high-risk indicators within disability claims4 7#b7 ,such systems shall be modeled1 to the extent practicable1 after the ,waste1 ,fraud1 and ,abuse ,identification and ,reporting system utilized by the ,centers for ,medicare ,medicaid ,services4 7#c7 ,all findings generated through automated or algorithmic processes shall be subject to human review and validation before any administrative or disciplinary action may be taken4 7#d7 ,the ,secretary shall ensure that the use of such systems respects all due process protections and privacy safeguards afforded to claimants under ,federal law4 7c7 ,coordination and oversight ,the ,secretary shall coordinate with the ,office of ,inspector ,general and the ,government ,accountability ,office to-- 7#a7 evaluate the effectiveness of the tools described in subsection 7b72 7#b7 identify risks of over-flagging or under-detection of improper claims2 and 7#c7 recommend best practices to ensure balanced oversight and prevention of misuse4 7d7 ,reporting requirement ,not later than #ahj days after the date of enactment of this ,act1 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-- 7#a7 the results of the review conducted under subsection 7a72 7#b7 vulnerabilities identified and corrective measures proposed2 7#c7 the status of data analytics and artificial intelligence integration under subsection 7b72 and 7#d7 recommendations for further modernization of the disability rating process4