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.

(Sec. 1) Authorizes the Secretary of Veterans Affairs (VA) to issue an order directing a VA employee to repay the amount, or a portion of the amount, of an award or bonus paid to the employee if: (1) the Secretary determines that such repayment is appropriate, and (2) the employee is afforded notice and an opportunity for a hearing. Makes the Secretary's repayment decisions final and unreviewable by any other agency or any court.

(Sec. 2) Extends subcontracting limitations that apply to certain small businesses awarded contracts under various Small Business Administration (SBA) programs to small business concerns owned and controlled by veterans with or without service-connected disabilities who are awarded VA contracts.

Requires, for purposes of applying such subcontracting limitations to veterans with small businesses awarded such VA contracts, that: (1) small businesses owned and controlled by veterans be treated in the same manner as small businesses owned and controlled by veterans with service-connected disabilities, and (2) "similarly situated entities" include subcontractors for small businesses owned and controlled by a veteran with or without a service-connected disability (contract amounts expended by small businesses on subcontractors that are similarly situated entities are not considered toward subcontracting limits).

Directs the Secretary, before awarding such a contract, to obtain a certification from the offeror: (1) specifying and promising to comply with the subcontracting performance requirements applicable to such offeror, and (2) acknowledging that the certification is subject to criminal laws concerning false or fraudulent statements or representations. Subjects small businesses to fines, imprisonment, or both for not acting in good faith.

Requires the VA's Director of the Office of Small and Disadvantaged Business Utilization and the VA's Chief Acquisition Officer to: (1) establish a process to monitor the subcontracting requirement compliance of veterans' small businesses that are awarded VA contracts, and (2) refer violations to the VA's Inspector General. Directs the Inspector General to submit annual reports to Congress regarding such violations.

(Sec. 3) Requires: (1) the Secretary to review the prisoner of war (POW) lists of the VA and the Department of Defense to identify any discrepancies; and (2) the VA's Inspector General to review the process by which the Secretary determines that a veteran is a former prisoner of war. Requires the Secretary to report to Congress on the VA's POW list, including information on: (1) such discrepancies, and (2) the results of the Inspector General's review.

(Sec. 4) Prohibits the Secretary from expanding the dialysis pilot program (established by the Secretary in 2009 to provide dialysis care to patients at certain VA outpatient facilities) or creating any new VA dialysis capability in any facility other than an initial facility (one of four outpatient facilities the Secretary identified to participate in the program) until after:

• the Secretary has implemented the pilot program at each initial facility for at least two years,
• an independent analysis of the program has been conducted at each initial facility, and
• the Secretary has submitted a report on such analysis to Congress.

Requires the Secretary, in order to increase veterans' access to dialysis care and decrease the travel time required to receive such care, to fully use existing VA dialysis resources, including any community dialysis provider with which the Secretary has entered into a contract or agreement to provide such care.

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

113th CONGRESS
  2d Session
                                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.


_______________________________________________________________________


                    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

_______________________________________________________________________

                                 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. 712. Recoupment of bonuses or awards paid to employees of 
              Department.
    ``Notwithstanding any other provision of law, the Secretary may 
issue an order directing an employee of the Department to repay 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.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``712. Recoupment of bonuses or awards paid to employees of 
                            Department.''.
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