Sec. 6. Authority to recoup relocation expenses paid to or on behalf of employees of Department of Veterans Affairs
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Chapter 7 is further amended by inserting after section 719, as added by section 5, the following new section: Notwithstanding any other provision of law, the Secretary may direct an employee of the Department to repay the amount, or a portion of the amount, paid to or on behalf of the employee for relocation expenses under title 5, including any expenses under section 5724 or 5724a of such title, or this title if— the Secretary determines that— the employee has committed an act of fraud, waste, or malfeasance; and such repayment is appropriate pursuant to regulations prescribed under subsection (c); and before such repayment is ordered, the individual is afforded— notice of the determination of the Secretary and an opportunity to respond to the determination; and consistent with paragraph (2), an opportunity to appeal the determination to another department or agency of the Federal Government.
If a final decision on an appeal made under paragraph (1)(B)(ii) 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 paragraph
(1)shall be final and not subject to further appeal. A decision by the applicable department or agency of the Federal Government regarding a repayment by an employee pursuant to subsection (a)(1)(B)(ii) is final and may not be reviewed by any department, agency, or court. 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 719, as added by section 5, the following new item: 721. Recoupment of relocation expenses paid to or on behalf of employees of Department. . Section 721 of title 38, United States Code, as added by subsection (a), shall apply with respect to an amount paid by the Secretary of Veterans Affairs to or on behalf of an employee of the Department of Veterans Affairs for relocation expenses 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.