§723 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary can order a Department employee to pay back some or all relocation expenses that were paid under Title 5 (including sections 5724 and 5724a) or under this title if the move was approved after fraud or other wrongdoing that affected the approval. Before ordering repayment, the employee must get a notice and a chance to answer the notice within 10 business days. If the employee responds, the Secretary must issue the repayment order within 5 business days after getting the response. If the employee does not respond, the Secretary must issue the order within 15 business days after giving notice. The employee can appeal the order to the Director of the Office of Personnel Management within 7 business days after the order is issued. The Director must make a final decision within 30 days after getting the appeal.

Title 38, §723

Veterans' Benefits — Source: USLM XML via OLRC

(a)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)(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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior sections 723 to 729 were renumbered sections 1923 to 1929 of this title, respectively.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 115–41, title II, § 205(c),

June 23, 2017, 131 Stat. 877, provided that: “Section 723 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 [

June 23, 2017].”

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