Sec. 9. Recoupment of bonuses or awards paid to employees of Department
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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, United States Code, including under chapter 45 or 53 of such title, section 141(d)(5)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1018(d)(5)(B) ), or another provision of Federal law, if— the Secretary determines that the individual engaged in misconduct or poor performance prior to payment of the award or bonus, and that such award or bonus would not have been paid, in whole or in part, had the misconduct or poor performance been known prior to payment; before such repayment, the employee is afforded— notice of the proposed order; and an opportunity to respond to the proposed order by not later than 10 business days after the receipt of such notice; and the Secretary issues the order— 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 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).
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. The Director shall make a final decision with respect to an appeal under paragraph
(1)within 30 business days after receiving such appeal. This section shall apply with respect to an award or bonus paid by the Secretary to an employee of the Department on or after the date of the enactment of this Act.
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Sec. 9
Recoupment of bonuses or awards paid to employees of Department
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