[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