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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5094 Reported in House (RH)]

                                                 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]

_______________________________________________________________________

                                 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.

 

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

SECTION 1. AUTHORITY TO RECOUP BONUSES OR AWARDS PAID TO EMPLOYEES OF 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Chapter 7 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 714. Recoupment of bonuses or awards paid to employees of 
              Department
    ``(a) Recoupment.--Notwithstanding any other provision of law, the 
Secretary may issue an order directing an employee of the Department to 
repay the amount, or a portion of the amount, of any award or bonus 
paid to the employee under title 5, including under chapters 45 or 53 
of such title, or this title if--
            ``(1) the Secretary determines such repayment appropriate 
        pursuant to regulations prescribed by the Secretary to carry 
        out this section; and
            ``(2) the employee is afforded notice and an opportunity 
        for a hearing conducted by the Secretary.
    ``(b) Review.--The decision of the Secretary regarding a repayment 
by an employee pursuant to subsection (a) is final and may not be 
reviewed by any other agency or any court.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``714. Recoupment of bonuses or awards paid to employees of 
                            Department.''.
    (c) Effective Date.--Section 714 of title 38, United States Code, 
as added by subsection (a), shall apply with respect to an award or 
bonus paid by the Secretary of Veterans Affairs to an employee of the 
Department of Veterans Affairs before, on, or after the date of the 
enactment of this Act.
    (d) Construction.--Nothing in this Act or the amendments made by 
this Act may be construed to modify the certification issued by the 
Office of Personnel Management and the Office of Management and Budget 
regarding the performance appraisal system of the Senior Executive 
Service of the Department of Veterans Affairs.

SEC. 2. LIMITATIONS ON SUBCONTRACTS UNDER CONTRACTS WITH SMALL BUSINESS 
              CONCERNS OWNED AND CONTROLLED BY VETERANS.

    (a) In General.--Section 8127 of title 38, United States Code, is 
amended--
            (1) by redesignating subsection (l) as subsection (m); and
            (2) by inserting after subsection (k) the following new 
        subsection (l):
    ``(l) Limitations on Subcontracting.--(1)(A) The requirements 
applicable to a covered small business concern under section 46 of the 
Small Business Act (15 U.S.C. 657s) shall apply with respect to a small 
business concern owned and controlled by a veteran with a service-
connected disability or a small business concern owned and controlled 
by a veteran that is awarded a contract that is counted for purposes of 
meeting the goals under subsection (a).
    ``(B) For purposes of applying the requirements of section 46 of 
the Small Business Act (15 U.S.C. 657s) pursuant to subparagraph (A), 
the term `similarly situated entity' used in such section 46 includes a 
subcontractor for a small business concern owned and controlled by a 
veteran with a service-connected disability or a small business concern 
owned and controlled by a veteran described in such subparagraph (A).
    ``(2) Before awarding a contract that is counted for purposes of 
meeting the goals under subsection (a), the Secretary shall obtain from 
an offeror a certification that the offeror will comply with the 
requirements described in paragraph (1)(A) if awarded the contract. 
Such certification shall--
            ``(A) specify the exact performance requirements applicable 
        under such paragraph; and
            ``(B) explicitly acknowledge that the certification is 
        subject to section 1001 of title 18.
    ``(3) If the Secretary determines that a small business concern 
that is awarded a contract that is counted for purposes of meeting the 
goals under subsection (a) did not act in good faith with respect to 
the requirements described in paragraph (1)(A), the small business 
concern shall be subject to the penalties specified in--
            ``(A) section 16(g)(1) of the Small Business Act (15 U.S.C. 
        645(g)(1)); and
            ``(B) section 1001 of title 18.
    ``(4)(A) The Director of Small and Disadvantaged Business 
Utilization for the Department, established pursuant to section 15(k) 
of the Small Business Act (15 U.S.C. 644(k)), and the Chief Acquisition 
Officer of the Department, established pursuant to section 1702 of 
title 41, shall jointly implement a process using the systems described 
in section 16(g)(2) of the Small Business Act (15 U.S.C. 645(g)(2)), or 
any other systems available, to monitor compliance with this 
subsection. The Director and the Chief Acquisition Officer shall 
jointly refer any violations of this subsection to the Inspector 
General of the Department.
    ``(B) Not later than November 30 of each year, the Inspector 
General shall submit to the Committees on Veterans' Affairs of the 
Senate and House of Representatives a report for the fiscal year 
preceding the fiscal year during which the report is submitted that 
includes, for the fiscal year covered by the report--
            ``(i) the number of referred violations received under 
        subparagraph (A); and
            ``(ii) the disposition of such referred violations, 
        including the number of small business concerns suspended or 
        debarred from Federal contracting or referred to the Attorney 
        General for prosecution.''.
    (b) Effective Date.--Subsection (l) of section 8127 of title 38, 
United States Code, as added by subsection (a) shall apply with respect 
to a contract entered into after the date of the enactment of this Act.

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

    (a) Review of Lists of Prisoners of War.--The Secretary of Veterans 
Affairs shall review the VA POW list and the DOD POW list to identify 
any discrepancies in such lists.
    (b) Inspector General Review of Process.--The Inspector General of 
the Department of Veterans Affairs shall review the process by which 
the Secretary determines that a veteran is a former prisoner of war, 
including whether the Secretary is following guidelines established by 
the Secretary to determine that a veteran is a former prisoner of war.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to Congress a report on the VA POW list, including the following:
            (1) Any discrepancies, by period of conflict, in the number 
        of prisoners of war included on the VA POW list and the DOD POW 
        list.
            (2) With respect to veterans included on the VA POW list 
        who are not included on the DOD POW list, information regarding 
        how such determinations were made, including what types of 
        evidence were used, in a manner that does not personally 
        identify such veterans.
            (3) The results of the review of the Inspector General 
        under subsection (b), without change.
    (d) Definitions.--In this section:
            (1) The term ``DOD POW list'' means the list maintained by 
        the Secretary of Defense, acting through the Defense Prisoner 
        of War/Missing Personnel Office, of members of the Armed Forces 
        who were prisoners of war.
            (2) The term ``VA POW list'' means the list maintained by 
        the Secretary of Veterans Affairs of veterans whom the 
        Secretary determines are former prisoners of war.

SEC. 4. LIMITATION ON EXPANSION OF DIALYSIS PILOT PROGRAM.

    (a) Limitation.--The Secretary of Veterans Affairs shall not expand 
the dialysis pilot program or create any new dialysis capability 
provided by the Department of Veterans Affairs in any facility that is 
not an initial facility until after the date that--
            (1) the Secretary has implemented the dialysis pilot 
        program at each initial facility for a period of not less than 
        two years;
            (2) an independent analysis of the dialysis pilot program 
        has been conducted at each initial facility; and
            (3) the report required by subsection (b) has been 
        submitted.
    (b) Report.--Not later than 60 days after the date of the 
completion of the independent analysis required by subsection (a)(2), 
the Secretary shall submit to Congress a report that--
            (1) includes the results of that independent analysis, 
        including a comparison of not only cost but non-cost factors 
        such as access to care, quality of care, and Veteran 
        satisfaction; and
            (2) addresses any recommendations with respect to the 
        dialysis pilot program provided in a report prepared by the 
        Government Accountability Office.
    (c) Use of Existing Dialysis Resources.--In order to increase the 
access of veterans to dialysis care and decrease the amount of time 
such veterans are required to travel to receive such care, the 
Secretary shall fully use the dialysis resources of the Department that 
exist as of the date of the enactment of this Act, including any 
community dialysis provider with which the Secretary has entered into a 
contract or agreement for the provision of such care.
    (d) Definitions.--In this section:
            (1) The term ``dialysis pilot program'' means the pilot 
        demonstration program established by the Secretary in 2009 to 
        provide dialysis care to patients at certain outpatient 
        facilities operated by the Department of Veterans Affairs.
            (2) The term ``initial facility'' means one of the four 
        outpatient facilities identified by the Secretary to 
        participate in the dialysis pilot program prior to 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.''.
                                                 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 authorize the Secretary of 
Veterans Affairs to recoup certain bonuses or awards paid to employees 
                 of the Department of Veterans Affairs.

_______________________________________________________________________

                           December 12, 2014

    Reported from the Committee on Veterans' Affairs with amendments

                           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
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