38 U.S.C. § 721 — Recoupment of bonuses or awards paid to employees of Department
submitted 9 years ago by Pub. L. 115-41 to r/title-38-VETERANS-BENEFITS · 294 words · no verdicts yet
The Secretary may order a Department of Veterans Affairs employee to repay all or part of an award or bonus if misconduct or poor performance occurred before payment and would have prevented the payment if known. The employee may respond and may appeal the order to the Director of the Office of Personnel Management.
(a) In general. Despite any other law, the Secretary* may issue an order requiring a Department* employee to repay all or part of an award or bonus paid under title 5, including chapters 45 or 53 of that title, or under title 38, if all of the following apply:
(1) The Secretary determines that, before the award or bonus was paid, the employee engaged in misconduct or performed poorly, and that the award or bonus would not have been paid, in whole or in part, if that conduct or performance had been known before payment.
(2) Before requiring repayment, the Secretary gives the employee notice of the proposed order and an opportunity to respond no later than 10 business days after receiving the notice.
(3) The Secretary issues the order no later than 5 business days after receiving the employee’s response, if the employee responds; or no later than 15 business days after giving notice, if the employee does not respond.
(b) Appeal of the Secretary’s order.
(1) After the Secretary issues an order under subsection (a), the employee may appeal it to the Director of the Office of Personnel Management. The employee must do so before the date that is 7 business days after the order was issued.
(2) The Director must make a final decision on the appeal within 30 business days after receiving it.
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—
the Secretary determines that the individual engaged in misconduct or poor performance prior to payment of the award or bonus, and that such award or bonus would not have been paid, in whole or in part, had the misconduct or poor performance been known prior to payment; and
before such repayment, the employee is afforded—
notice of the proposed order; and
an opportunity to respond to the proposed order by not later than 10 business days after the receipt of such notice; and
the Secretary issues the order—
in the case of a proposed order to which an individual responds under paragraph (2)(B), not later than five business days after receiving the response of the individual; or
in the case of a proposed order to which an individual does not respond, not later than 15 business days after the Secretary provides notice to the individual under paragraph (2)(A).
Upon the issuance of an order by the Secretary under subsection (a) with respect to an individual, the individual shall have an opportunity to appeal the order to the Director of the Office of Personnel Management before the date that is seven business days after the date of such issuance.
The Director shall make a final decision with respect to an appeal under paragraph (1) within 30 business days after receiving such appeal.
Source credit: (Added Pub. L. 115–41, title II, § 204(a), June 23, 2017, 131 Stat. 875.)
- 2017Enacted · Pub. L. 115-41 · 131 Stat. 875
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-41 on 2017-06-23.
all 0 arguments · sorted by: best
no arguments yet — make the first case