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
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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.
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