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113th Congress    }                                  {     Rept. 113-672
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                  {         Part 1

======================================================================
 
 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.