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 provi-
sions 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 or-
dered 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 Vet-
erans Affairs. 
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Be it enacted by the Senate and House of Representa-
tives 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: 
‘‘§ 714. Recoupment of bonuses or awards paid to em-
ployees of Department 
‘‘(a) RECOUPMENT.—Notwithstanding any other pro-
vision 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 op-
portunity 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.’’. 
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(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 Vet-
erans 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 Manage-
ment 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 CON-
TRACTS 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): 
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‘‘(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 dis-
ability 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 sec-
tion 46 of the Small Business Act (15 U.S.C. 657s) pursu-
ant to subparagraph (A), the term ‘similarly situated enti-
ty’ 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 con-
cern 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 Sec-
retary shall obtain from an offeror a certification that the 
offeror will comply with the requirements described in para-
graph (1)(A) if awarded the contract. Such certification 
shall— 
‘‘(A) specify the exact performance requirements 
applicable under such paragraph; and 
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‘‘(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 pur-
poses 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 sub-
ject 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 pursu-
ant to section 15(k) of the Small Business Act (15 U.S.C. 
644(k)), and the Chief Acquisition Officer of the Depart-
ment, 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 com-
pliance with this subsection. The Director and the Chief Ac-
quisition 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 In-
spector General shall submit to the Committees on Veterans’ 
Affairs of the Senate and House of Representatives a report 
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for the fiscal year preceding the fiscal year during which 
the report is submitted that includes, for the fiscal year cov-
ered 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 sus-
pended or debarred from Federal contracting or re-
ferred 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 wheth-
er the Secretary is following guidelines established by the 
Secretary to determine that a veteran is a former prisoner 
of war. 
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(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Veterans Af-
fairs 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 Per-
sonnel 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. 
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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 Vet-
erans 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 anal-
ysis, 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. 
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(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 di-
alysis 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 Sec-
retary in 2009 to provide dialysis care to patients at 
certain outpatient facilities operated by the Depart-
ment 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.’’. 
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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 author-
ize 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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