H. Rept. 113-672 - AMENDING 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 AFFAIRS113th Congress (2013-2014)
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113th Congress } { Rept. 113-672
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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AMENDING 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.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Miller of Florida, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 5094]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 5094) 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, having considered the same, report favorably
thereon with amendments and recommend that the bill as amended
do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 4
Background and Need for Legislation.............................. 4
Hearings......................................................... 8
Subcommittee Consideration....................................... 9
Committee Consideration.......................................... 10
Committee Votes.................................................. 10
Committee Oversight Findings..................................... 10
Statement of General Performance Goals and Objectives............ 10
New Budget Authority, Entitlement Authority, and Tax Expenditures 10
Earmarks and Tax and Tariff Benefits............................. 11
Committee Cost Estimate.......................................... 11
Congressional Budget Office Estimate............................. 11
Federal Mandates Statement....................................... 13
Advisory Committee Statement..................................... 13
Constitutional Authority Statement............................... 13
Applicability to Legislative Branch.............................. 13
Statement on Duplication of Federal Programs..................... 13
Disclosure of Directed Rulemaking................................ 13
Section-by-Section Analysis of the Legislation................... 13
Changes in Existing Law Made by the Bill as Reported............. 16
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
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.
