Sec. 5. Authority to recoup bonuses or awards paid to employees of Department of Veterans Affairs
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/bill/115/s/152/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 7 is further amended by inserting after section 717, as added by section 4, the following new section: 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 chapter 45 or 53 of such title, or this title if— the Secretary determines such repayment appropriate pursuant to regulations prescribed under subsection (c); and before such repayment, the employee is afforded notice and an opportunity for a hearing conducted by another department or agency of the Federal Government.
Upon the issuance of an order by the Secretary under subsection (a), the employee shall be afforded— notice of the order and an opportunity to respond to the order; and consistent with paragraph (2), an opportunity to appeal the order to another department or agency of the Federal Government. If a final decision on an appeal made under paragraph (1)(B) is not made by the applicable department or agency of the Federal Government within 30 days after receiving such appeal, the order of the Secretary under subsection
(a)shall be final and not subject to further appeal. The Secretary shall prescribe regulations to carry out this section. . The table of sections at the beginning of chapter 7 is further amended by inserting after the item relating to section 717, as added by section 4, the following new item: 719. Recoupment of bonuses or awards paid to employees of Department. . Section 719 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 on or after the date of the enactment of this Act. Nothing in this section or the amendments made by this section 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.