Sec. 1122. AUTHORITY FOR WAIVER OF RECOVERY OF CERTAIN PAYMENTS PREVIOUSLY MADE UNDER CIVILIAN EMPLOYEES VOLUNTARY SEPARATION INCENTIVE PROGRAM

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## SEC. 1122 AUTHORITY FOR WAIVER OF RECOVERY OF CERTAIN PAYMENTS PREVIOUSLY MADE UNDER CIVILIAN EMPLOYEES VOLUNTARY SEPARATION INCENTIVE PROGRAM ###

(a)Authority for Waiver Subject to subsection (c), the Secretary of Defense may waive the requirement under subsection (f)(6)(B) of section 9902 of title 5, United States Code, for repayment to the Department of Defense of a voluntary separation incentive payment made under subsection (f)(1) of that section in the case of an employee or former employee of the Department of Defense described in subsection (b). ###

(b)Persons Covered Subsection

(a)applies to any employee or former employee of the Department of Defense— ####

(1)who during the period beginning on April 1, 2004, and ending on March 1, 2008, received a voluntary separation incentive payment under subsection (f)(1) of section 9902 of title 5, United States Code; ####

(2)who was reappointed to a position in the Department of Defense to support a declared national emergency related to terrorism or a natural disaster during the period beginning on June 1, 2004, and ending on March 1, 2008; and ####

(3)with respect to whom the Secretary determines— #####

(A)that the employee or former employee, before accepting the reappointment referred to in paragraph (2), received a representation from an officer or employee of the Department of Defense that recovery of the amount of the payment referred to in paragraph

(1)would not be required or would be waived; and #####

(B)that the employee or former employee reasonably relied on that representation when accepting reappointment. ###

(c)Required Determination The Secretary of Defense may grant a waiver under subsection

(a)in the case of any individual only if the Secretary determines that recovery of the amount of the payment otherwise required would be against equity and good conscience because of the circumstances of that individual’s reemployment after receiving a voluntary separation incentive payment. ###

(d)Treatment of Prior Repayments The Secretary of Defense may, pursuant to a determination under subsection

(c)specific to an individual, provide for reimbursement to that individual for any amount the individual has previously repaid to the United States for a voluntary separation incentive payment covered by this section. The reimbursement shall be paid either from the appropriations into which the repayment was deposited, if such appropriations remain available, or from appropriations currently available for the purposes of the appropriation into which the repayment was deposited. ###

(e)Expiration of Authority The authority to grant a waiver under this section shall expire on December 31, 2012.