IB 

Union Calendar No. 504 

113TH CONGRESS 

2D SESSION H. R. 5094 

[Report No. 113–672, Part I] 

To amend title 38, United States Code, to authorize the Secretary of Veterans 

Affairs to recoup certain bonuses or awards paid to employees of the 

Department of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 14, 2014 

Mr. MILLER of Florida introduced the following bill; which was referred to 

the Committee on Veterans’ Affairs, and in addition to the Committee 

on 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 

DECEMBER 12, 2014 

Additional sponsors: Mrs. BLACKBURN and Mr. ROE of Tennessee 

DECEMBER 12, 2014 

Reported from the Committee on Veterans’ Affairs with amendments 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 12, 2014 

The Committee on Oversight and Government Reform discharged; committed 

to the Committee of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on July 14, 2014] 


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A BILL 

To amend title 38, United States Code, to authorize the 

Secretary of Veterans Affairs to recoup certain bonuses 

or awards paid to employees of the Department of Veterans Affairs. 


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•HR 5094 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AUTHORITY TO RECOUP BONUSES OR AWARDS 

4 PAID TO EMPLOYEES OF DEPARTMENT OF 

5 VETERANS AFFAIRS. 

6 (a) IN GENERAL.—Chapter 7 of title 38, United States 

7 Code, is amended by adding at the end the following new 

8 section: 

9 ‘‘§ 714. Recoupment of bonuses or awards paid to em10 ployees of Department 

11 ‘‘(a) RECOUPMENT.—Notwithstanding any other pro12 vision of law, the Secretary may issue an order directing 

13 an employee of the Department to repay the amount, or 

14 a portion of the amount, of any award or bonus paid to 

15 the employee under title 5, including under chapters 45 or 

16 53 of such title, or this title if— 

17 ‘‘(1) the Secretary determines such repayment 

18 appropriate pursuant to regulations prescribed by the 

19 Secretary to carry out this section; and 

20 ‘‘(2) the employee is afforded notice and an op21 portunity for a hearing conducted by the Secretary. 

22 ‘‘(b) REVIEW.—The decision of the Secretary regarding 

23 a repayment by an employee pursuant to subsection (a) is 

24 final and may not be reviewed by any other agency or any 

25 court.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by adding at the 

3 end the following new item: 

‘‘714. Recoupment of bonuses or awards paid to employees of Department.’’. 

4 (c) EFFECTIVE DATE.—Section 714 of title 38, United 

5 States Code, as added by subsection (a), shall apply with 

6 respect to an award or bonus paid by the Secretary of Vet7 erans Affairs to an employee of the Department of Veterans 

8 Affairs before, on, or after the date of the enactment of this 

9 Act. 

10 (d) CONSTRUCTION.—Nothing in this Act or the 

11 amendments made by this Act may be construed to modify 

12 the certification issued by the Office of Personnel Manage13 ment and the Office of Management and Budget regarding 

14 the performance appraisal system of the Senior Executive 

15 Service of the Department of Veterans Affairs. 

16 SEC. 2. LIMITATIONS ON SUBCONTRACTS UNDER CON17 TRACTS WITH SMALL BUSINESS CONCERNS 

18 OWNED AND CONTROLLED BY VETERANS. 

19 (a) IN GENERAL.—Section 8127 of title 38, United 

20 States Code, is amended— 

21 (1) by redesignating subsection (l) as subsection 

22 (m); and 

23 (2) by inserting after subsection (k) the following 

24 new subsection (l): 


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1 ‘‘(l) LIMITATIONS ON SUBCONTRACTING.—(1)(A) The 

2 requirements applicable to a covered small business concern 

3 under section 46 of the Small Business Act (15 U.S.C. 657s) 

4 shall apply with respect to a small business concern owned 

5 and controlled by a veteran with a service-connected dis6 ability or a small business concern owned and controlled 

7 by a veteran that is awarded a contract that is counted 

8 for purposes of meeting the goals under subsection (a). 

9 ‘‘(B) For purposes of applying the requirements of sec10 tion 46 of the Small Business Act (15 U.S.C. 657s) pursu11 ant to subparagraph (A), the term ‘similarly situated enti12 ty’ used in such section 46 includes a subcontractor for a 

13 small business concern owned and controlled by a veteran 

14 with a service-connected disability or a small business con15 cern owned and controlled by a veteran described in such 

16 subparagraph (A). 

17 ‘‘(2) Before awarding a contract that is counted for 

18 purposes of meeting the goals under subsection (a), the Sec19 retary shall obtain from an offeror a certification that the 

20 offeror will comply with the requirements described in para21 graph (1)(A) if awarded the contract. Such certification 

22 shall— 

23 ‘‘(A) specify the exact performance requirements 

24 applicable under such paragraph; and 


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1 ‘‘(B) explicitly acknowledge that the certification 

2 is subject to section 1001 of title 18. 

3 ‘‘(3) If the Secretary determines that a small business 

4 concern that is awarded a contract that is counted for pur5 poses of meeting the goals under subsection (a) did not act 

6 in good faith with respect to the requirements described in 

7 paragraph (1)(A), the small business concern shall be sub8 ject to the penalties specified in— 

9 ‘‘(A) section 16(g)(1) of the Small Business Act 

10 (15 U.S.C. 645(g)(1)); and 

11 ‘‘(B) section 1001 of title 18. 

12 ‘‘(4)(A) The Director of Small and Disadvantaged 

13 Business Utilization for the Department, established pursu14 ant to section 15(k) of the Small Business Act (15 U.S.C. 

15 644(k)), and the Chief Acquisition Officer of the Depart16 ment, established pursuant to section 1702 of title 41, shall 

17 jointly implement a process using the systems described in 

18 section 16(g)(2) of the Small Business Act (15 U.S.C. 

19 645(g)(2)), or any other systems available, to monitor com20 pliance with this subsection. The Director and the Chief Ac21 quisition Officer shall jointly refer any violations of this 

22 subsection to the Inspector General of the Department. 

23 ‘‘(B) Not later than November 30 of each year, the In24 spector General shall submit to the Committees on Veterans’ 

25 Affairs of the Senate and House of Representatives a report 


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1 for the fiscal year preceding the fiscal year during which 

2 the report is submitted that includes, for the fiscal year cov3 ered by the report— 

4 ‘‘(i) the number of referred violations received 

5 under subparagraph (A); and 

6 ‘‘(ii) the disposition of such referred violations, 

7 including the number of small business concerns sus8 pended or debarred from Federal contracting or re9 ferred to the Attorney General for prosecution.’’. 

10 (b) EFFECTIVE DATE.—Subsection (l) of section 8127 

11 of title 38, United States Code, as added by subsection (a) 

12 shall apply with respect to a contract entered into after the 

13 date of the enactment of this Act. 

14 SEC. 3. REVIEW OF LISTS OF FORMER PRISONERS OF WAR. 

15 (a) REVIEW OF LISTS OF PRISONERS OF WAR.—The 

16 Secretary of Veterans Affairs shall review the VA POW list 

17 and the DOD POW list to identify any discrepancies in 

18 such lists. 

19 (b) INSPECTOR GENERAL REVIEW OF PROCESS.—The 

20 Inspector General of the Department of Veterans Affairs 

21 shall review the process by which the Secretary determines 

22 that a veteran is a former prisoner of war, including wheth23 er the Secretary is following guidelines established by the 

24 Secretary to determine that a veteran is a former prisoner 

25 of war. 


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1 (c) REPORT.—Not later than 180 days after the date 

2 of the enactment of this Act, the Secretary of Veterans Af3 fairs shall submit to Congress a report on the VA POW list, 

4 including the following: 

5 (1) Any discrepancies, by period of conflict, in 

6 the number of prisoners of war included on the VA 

7 POW list and the DOD POW list. 

8 (2) With respect to veterans included on the VA 

9 POW list who are not included on the DOD POW 

10 list, information regarding how such determinations 

11 were made, including what types of evidence were 

12 used, in a manner that does not personally identify 

13 such veterans. 

14 (3) The results of the review of the Inspector 

15 General under subsection (b), without change. 

16 (d) DEFINITIONS.—In this section: 

17 (1) The term ‘‘DOD POW list’’ means the list 

18 maintained by the Secretary of Defense, acting 

19 through the Defense Prisoner of War/Missing Per20 sonnel Office, of members of the Armed Forces who 

21 were prisoners of war. 

22 (2) The term ‘‘VA POW list’’ means the list 

23 maintained by the Secretary of Veterans Affairs of 

24 veterans whom the Secretary determines are former 

25 prisoners of war. 


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1 SEC. 4. LIMITATION ON EXPANSION OF DIALYSIS PILOT 

2 PROGRAM. 

3 (a) LIMITATION.—The Secretary of Veterans Affairs 

4 shall not expand the dialysis pilot program or create any 

5 new dialysis capability provided by the Department of Vet6 erans Affairs in any facility that is not an initial facility 

7 until after the date that— 

8 (1) the Secretary has implemented the dialysis 

9 pilot program at each initial facility for a period of 

10 not less than two years; 

11 (2) an independent analysis of the dialysis pilot 

12 program has been conducted at each initial facility; 

13 and 

14 (3) the report required by subsection (b) has been 

15 submitted. 

16 (b) REPORT.—Not later than 60 days after the date 

17 of the completion of the independent analysis required by 

18 subsection (a)(2), the Secretary shall submit to Congress a 

19 report that— 

20 (1) includes the results of that independent anal21 ysis, including a comparison of not only cost but non22 cost factors such as access to care, quality of care, and 

23 Veteran satisfaction; and 

24 (2) addresses any recommendations with respect 

25 to the dialysis pilot program provided in a report 

26 prepared by the Government Accountability Office. 


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1 (c) USE OF EXISTING DIALYSIS RESOURCES.—In 

2 order to increase the access of veterans to dialysis care and 

3 decrease the amount of time such veterans are required to 

4 travel to receive such care, the Secretary shall fully use the 

5 dialysis resources of the Department that exist as of the date 

6 of the enactment of this Act, including any community di7 alysis provider with which the Secretary has entered into 

8 a contract or agreement for the provision of such care. 

9 (d) DEFINITIONS.—In this section: 

10 (1) The term ‘‘dialysis pilot program’’ means the 

11 pilot demonstration program established by the Sec12 retary in 2009 to provide dialysis care to patients at 

13 certain outpatient facilities operated by the Depart14 ment of Veterans Affairs. 

15 (2) The term ‘‘initial facility’’ means one of the 

16 four outpatient facilities identified by the Secretary 

17 to participate in the dialysis pilot program prior to 

18 the date of the enactment of this Act. 

Amend the title so as to read: ‘‘A bill to amend title 

38, United States Code, to authorize the Secretary of 

Veterans Affairs to recoup certain bonuses or awards 

paid to employees of the Department of Veterans Affairs, 

and for other purposes.’’. 


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Union Calendar No. 504 

113TH CONGRESS 

2D SESSION H. R. 5094 

[Report No. 113–672, Part I] 

A BILL 

To amend title 38, United States Code, to authorthe Department of Veterans Affairs. certain bonuses or awards paid to employees of ize the Secretary of Veterans Affairs to recoup 

DECEMBER 12, 2014 

Reported from the Committee on Veterans’ Affairs with 

amendments 

DECEMBER 12, 2014 

The Committee on Oversight and Government Reform 

printed House on the State of the Union and ordered to be discharged; committed to the Committee of the Whole 


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