,,ib  ,union ,calendar ,no4 #ejd  #aacth
 ,,congress  #b;d ,session  ,h4 ,r4     
#ejid  ,report ,no4 #aac-fgb1 ,part ,i  
,,in ,,the ,,house ,,of                 
,,representatives  ,july #ad1 #bjad ,mr4
 ,miller of ,florida introduced the     
following bill2 which was referred to   
the ,committee on ,veterans' ,affairs1  
and in addition to the ,committee on    
,oversight and ,government ,reform1 for 
a period to be subsequently determined  
by the ,speaker1 in each case for       
consideration of such provisions as fall
 within the jurisdiction of the         
committee concerned  ,december #ab1     
#bjad ,additional sponsors3 ,mrs4       
,blackburn and ,mr4 ,roe of ,tennessee  
,december #ab1 #bjad ,reported from the 
,committee on ,veterans' ,affairs with  
amendments ,strike out all after the    
enacting clause and insert the part     
printed in italic  ,december #ab1 #bjad 
,the ,committee on ,oversight and       
,government ,reform discharged2         
committed to the ,committee of the      

,whole ,house on the ,state of the      
,union and ordered to be printed ,for   
text of introduced bill1 see copy of    
bill as introduced on ,july #ad1 #bjad  
,a ,,bill  ,to amend title #ch1 ,united 
,states ,code1 to authorize the         
,secretary of ,veterans ,affairs to     
recoup certain bonuses or awards paid to
 employees of the ,department of        
,veterans ,affairs4  #a4 ,authority to  
recoup bonuses or awards paid to        
employees of ,department of ,veterans   
,affairs  7a7 ,in general ,chapter #g of
 title #ch1 ,united ,states ,code1 is   
amended by adding at the end the        
following new section3  #gad4           
,recoupment of bonuses or awards paid to
 employees of ,department  7a7          
,recoupment ,notwithstanding any other  
provision of law1 the ,secretary may    
issue an order directing an employee of 
the ,department to repay the amount1 or 
a portion of the amount1 of any award or
 bonus paid to the employee under title 
#e1 including under chapters #de or #ec 

of such title1 or this title if--  7#a7 
the ,secretary determines such repayment
 appropriate pursuant to regulations    
prescribed by the ,secretary to carry   
out this section2 and  7#b7 the employee
 is afforded notice and an opportunity  
for a hearing conducted by the          
,secretary4  7b7 ,review ,the decision  
of the ,secretary regarding a repayment 
by an employee pursuant to subsection   
7a7 is final and may not be reviewed by 
any other agency or any court4  4  7b7  
,clerical amendment ,the table of       
sections at the beginning of such       
chapter is amended by adding at the end 
the following new item3  #gad4          
,recoupment of bonuses or awards paid to
 employees of ,department4  4  7c7      
,effective date ,section #gad of title  
#ch1 ,united ,states ,code1 as added by 
subsection 7a71 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 before1 on1 or after the date 

of the enactment of this ,act4  7d7     
,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 ,affairs4  #b4 
,limitations on subcontracts under      
contracts with small business concerns  
owned and controlled by veterans  7a7   
,in general ,section #habg of title #ch1
 ,united ,states ,code1 is amended--    
7#a7 by redesignating subsection 7l7 as 
subsection 7m72 and  7#b7 by inserting  
after subsection 7k7 the following new  
subsection 7l73  7l7 ,limitations on    
subcontracting  7#a7  7,a7 ,the         
requirements applicable to a covered    
small business concern under section #df
 of the ,small ,business ,act 7#ae      
,u4,s4,c4 #fegs7 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 7a74  7,b7   
,for purposes of applying the           
requirements of section #df of the      
,small ,business ,act 7#ae ,u4,s4,c4    
#fegs7 pursuant to subparagraph 7,a71   
the term similarly situated entity used 
in such section #df 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 7,a74    
7#b7 ,before awarding a contract that is
 counted for purposes of meeting the    
goals under subsection 7a71 the         
,secretary shall obtain from an offeror 
a certification that the offeror will   
comply with the requirements described  
in paragraph 7#a77;,a7 if awarded the   

contract4 ,such certification shall--   
7,a7 specify the exact performance      
requirements applicable under such      
paragraph2 and  7,b7 explicitly         
acknowledge that the certification is   
subject to section #ajja of title #ah4  
7#c7 ,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  
7a7 did not act in good faith with      
respect to the requirements described in
 paragraph 7#a77;,a71 the small business
 concern shall be subject to the        
penalties specified in--  7,a7 section  
#af7;g77#a7 of the ,small ,business ,act
 7#ae ,u4,s4,c4 #fde7;g77#a772 and  7,b7
 section #ajja of title #ah4  7#d7  7,a7
 ,the ,director of ,small and           
,disadvantaged ,business ,utilization   
for the ,department1 established        
pursuant to section #ae7k7 of the ,small
 ,business ,act 7#ae ,u4,s4,c4 #fdd7k771
 and the ,chief ,acquisition ,officer of
 the ,department1 established pursuant  

to section #agjb of title #da1 shall    
jointly implement a process using the   
systems described in section #af7;g77#b7
 of the ,small ,business ,act 7#ae      
,u4,s4,c4 #fde7;g77#b771 or any other   
systems available1 to monitor compliance
 with this subsection4 ,the ,director   
and the ,chief ,acquisition ,officer    
shall jointly refer any violations of   
this subsection to the ,inspector       
,general of the ,department4  7,b7 ,not 
later than ,november #cj of each year1  
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      
includes1 for the fiscal year covered by
 the report--  7i7 the number of        
referred violations received under      
subparagraph 7,a72 and  7ii7 the        
disposition of such referred violations1
 including the number of small business 
concerns suspended or debarred from     

,federal contracting or referred to the 
,attorney ,general for prosecution4  4  
7b7 ,effective date ,subsection 7l7 of  
section #habg of title #ch1 ,united     
,states ,code1 as added by subsection   
7a7 shall apply with respect to a       
contract entered into after the date of 
the enactment of this ,act4  #c4 ,review
 of lists of former prisoners of war    
7a7 ,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 lists4  7b7       
,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 war1 including     
whether the ,secretary is following     
guidelines established by the ,secretary
 to determine that a veteran is a former
 prisoner of war4  7c7 ,report ,not     
later than #ahj days after the date of  

the enactment of this ,act1 the         
,secretary of ,veterans ,affairs shall  
submit to ,congress a report on the ,,va
 ,,pow list1 including the following3   
7#a7 ,any discrepancies1 by period of   
conflict1 in the number of prisoners of 
war included on the ,,va ,,pow list and 
the ,,dod ,,pow list4  7#b7 ,with       
respect to veterans included on the ,,va
 ,,pow list who are not included on the 
,,dod ,,pow list1 information regarding 
how such determinations were made1      
including what types of evidence were   
used1 in a manner that does not         
personally identify such veterans4  7#c7
 ,the results of the review of the      
,inspector ,general under subsection    
7b71 without change4  7d7 ,definitions  
,in this section3  7#a7 ,the term ,,dod 
,,pow list means the list maintained by 
the ,secretary of ,defense1 acting      
through the ,defense ,prisoner of       
,war_/,missing ,personnel ,office1 of   
members of the ,armed ,forces who were  
prisoners of war4  7#b7 ,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 war4  #d4       
,limitation on expansion of dialysis    
pilot program  7a7 ,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--  7#a7 the ,secretary has         
implemented the dialysis pilot program  
at each initial facility for a period of
 not less than two years2  7#b7 an      
independent analysis of the dialysis    
pilot program has been conducted at each
 initial facility2 and  7#c7 the report 
required by subsection 7b7 has been     
submitted4  7b7 ,report ,not later than 
#fj days after the date of the          
completion of the independent analysis  
required by subsection 7a77#b71 the     
,secretary shall submit to ,congress a  

report that--  7#a7 includes the results
 of that independent analysis1 including
 a comparison of not only cost but      
non-cost factors such as access to care1
 quality of care1 and ,veteran          
satisfaction2 and  7#b7 addresses any   
recommendations with respect to the     
dialysis pilot program provided in a    
report prepared by the ,government      
,accountability ,office4  7c7 ,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 care1 the        
,secretary shall fully use the dialysis 
resources of the ,department that exist 
as of the date of the enactment of this 
,act1 including any community dialysis  
provider with which the ,secretary has  
entered into a contract or agreement for
 the provision of such care4  7d7       
,definitions ,in this section3  7#a7    
,the term dialysis pilot program means  
the pilot demonstration program         

established by the ,secretary in #bjji  
to provide dialysis care to patients at 
certain outpatient facilities operated  
by the ,department of ,veterans         
,affairs4  7#b7 ,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 ,act4  ,amend 
the title so as to read3 ,a bill to     
amend title #ch1 ,united ,states ,code1 
to authorize the ,secretary of ,veterans
 ,affairs to recoup certain bonuses or  
awards paid to employees of the         
,department of ,veterans ,affairs1 and  
for other purposes44  ,december #ab1    
#bjad ,reported from the ,committee on  
,veterans' ,affairs with amendments     
,december #ab1 #bjad ,the ,committee on 
,oversight and ,government ,reform      
discharged2 committed to the ,committee 
of the ,whole ,house on the ,state of   
the ,union and ordered to be printed