Stop Improper Federal Bonuses Act

To amend title 5, United States Code, to appropriately limit the authority to award bonuses to Federal employees. 1. Short title This Act may be cited as the “ Stop Improper Federal Bonuses Act 2. Bonuses (a) Adverse findings and employees under investigation Chapter 45 IV Limitations on bonus authority 4531. Certain forms of misconduct (a) Definitions In this section: (1) Adverse finding (A) In general The term adverse finding (i) violated a policy of the agency for which the employee may be removed or suspended for a period of not less than 14 days; or (ii) violated a law for which the employee may be imprisoned for more than 1 year. (B) Basis A determination described in subparagraph (A) may be based on an investigation by, a determination of, or information provided by the Inspector General or another senior ethics official of an agency or the Comptroller General of the United States, as part of carrying out an activity, authority, or function of the Inspector General, senior ethics official, or Comptroller General, respectively, under a provision of law other than this section. (2) Agency The term agency (3) Bonus The term bonus (A) section 4505a; (B) section 5384; or (C) section 5754. (4) Employee The term employee (b) Prohibition The head of an agency may not award a bonus to an employee of the agency until the date that is 5 years after the end of the fiscal year during which the head of an agency makes an adverse finding relating to the employee. (c) After bonus awarded (1) In general For a bonus awarded to an employee after the date of enactment of this section, if the head of the agency employing the employee makes an adverse finding relating to the employee during the fiscal year in which the bonus is awarded, the head of the agency, after notice and an opportunity for a hearing, shall issue an order directing the employee to repay the amount of the bonus. (2) Repayment plan An agency shall allow an employee who is required to repay a bonus under paragraph (1) to repay that bonus using a repayment plan. (3) Hearings A hearing under this subsection shall be conducted in accordance with regulations relating to hearings promulgated by the head of the agency under chapter 75. (d) Condition of receipt As a condition of receiving a bonus awarded after the date of enactment of this section, an employee shall sign a certification stating that the employee shall repay the bonus in accordance with a final order issued under subsection (c). (e) Appeal An employee determined to be ineligible for a bonus under subsection (b) or against whom an order is issued under subsection (c) may submit an appeal to the Merit Systems Protection Board under section 7701. . (b) Rulemaking The head of each agency, as defined in section 551 of title 5, United States Code, may promulgate rules to carry out section 4531 of title 5, United States Code, as added by subsection (a). (c) Technical and conforming amendment The table of sections for chapter 45 “SUBCHAPTER IV—Limitations on bonus authority “4531. Certain forms of misconduct.”. October 24, 2019 Reported without amendment

Summary: Stop Improper Federal Bonuses Act This bill prohibits a federal agency from awarding a bonus to any employee for five years after the end of a fiscal year in which the agency makes an adverse finding relating to the employee. An adverse finding is a determination that an employee's conduct violated (1) a policy of the agency for which the employee may be removed or suspended for at least 14 days, or (2) a law for which the employee may be imprisoned for more than one year. The bill requires an agency to issue an order directing an employee to repay a bonus awarded in any year in which an adverse finding is made, and the agency must allow such employee to repay such bonus using a repayment plan. As a condition of receiving a bonus awarded after this bill's enactment, an employee must certify that he or she will repay the bonus in accordance with such an order.