§ 723. Recoupment of relocation expenses paid on behalf of employees of Department

381 words·~2 min read·/usc/title-38/section-723

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(a)In General.— 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, paid to or on behalf of the employee under title 5 for relocation expenses, including any expenses under section 5724 or 5724a of such title, or this title if—

(1)the Secretary determines that relocation expenses were paid following an act of fraud or malfeasance that influenced the authorization of the relocation expenses;

(2)before such repayment, the employee is afforded—

(A)notice of the proposed order; and

(B)an opportunity to respond to the proposed order not later than ten business days following the receipt of such notice; and

(3)the Secretary issues the order—

(A)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

(B)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).

(b)Appeal of Order of Secretary.—

(1)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.

(2)The Director shall make a final decision with respect to an appeal under paragraph

(1)within 30 days after receiving such appeal.

(Added Pub. L. 115–41, title II, § 205(a), June 23, 2017, 131 Stat. 876.)

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