‘‘(2) before such order is made, the individual 
is afforded notice and an opportunity for a hearing 
conducted by another department or agency of the 
Federal Government. 
‘‘(b) REDUCTION OF ANNUITY FOR RETIRED EM-
PLOYEE.—(1) The Secretary may order that the covered 
service of an individual who is subject to a removal or 
transfer action under section 713 of this title but who 
leaves employment at the Department prior to the 
issuance of a final decision with respect to such action 
shall not be taken into account for purposes of calculating 
an annuity with respect to such individual under chapter 
83 or chapter 84 of title 5, if— 
‘‘(A) the individual is convicted of a felony that 
influenced the individual’s performance while em-
ployed in the senior executive position; and 
‘‘(B) before such order is made, the individual 
is afforded notice and an opportunity for a hearing 
conducted by another department or agency of the 
Federal Government. 
‘‘(2) The Secretary shall make such an order not 
later than seven days after the date of the conclusion of 
a hearing referred to in paragraph (1)(B) that determines 
that such order is lawful. 
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‘‘(c) ADMINISTRATIVE
REQUIREMENTS.—(1) Not 
later than 30 days after the Secretary issues an order 
under subsection (a) or (b), the Director of the Office of 
Personnel Management shall recalculate the annuity of the 
individual. 
‘‘(2) A decision regarding whether the covered service 
of an individual shall be taken into account for purposes 
of calculating an annuity under subsection (a) or (b) is 
final and may not be reviewed by any department or agen-
cy or any court. 
‘‘(d) LUMP-SUM ANNUITY CREDIT.—Any individual 
with respect to whom an annuity is reduced under sub-
section (a) or (b) shall be entitled to be paid so much of 
such individual’s lump-sum credit as is attributable to the 
period of covered service. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered service’ means, with re-
spect to an individual subject to a removal or trans-
fer action under section 713 of this title, the period 
of service beginning on the date that the Secretary 
determines under such section that such individual 
engaged in activity that gave rise to such action and 
ending on the date that such individual is removed 
from the civil service or leaves employment at the 
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Department prior to the issuance of a final decision 
with respect to such action, as the case may be. 
‘‘(2) The term ‘lump-sum credit’ has the mean-
ing given such term in section 8331(8) or section 
8401(19) of title 5, as the case may be. 
‘‘(3) The term ‘senior executive position’ has 
the meaning given such term in section 713(g)(3) of 
this title. 
‘‘(4) The term ‘service’ has the meaning given 
such term in section 8331(12) or section 8401(26) 
of title 5, as the case may be.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 7 of such title is 
amended by inserting after the item relating to sec-
tion 713 the following new item: 
‘‘715. Senior executives: reduction of benefits of individuals convicted of certain 
crimes.’’. 
(b) APPLICATION.—Section 715 of title 38, United 
States Code, as added by subsection (a)(1), shall apply 
to any action of removal or transfer under section 713 
of title 38, United States Code, commencing on or after 
the date of the enactment of this Act. 
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SEC. 6. AUTHORITY TO RECOUP BONUSES OR AWARDS 
PAID TO EMPLOYEES OF DEPARTMENT OF 
VETERANS AFFAIRS. 
(a) IN GENERAL.—Chapter 7 of title 38, United 
States Code, as amended by section 5, is amended by add-
ing at the end the following new section: 
‘‘§ 717. Recoupment of bonuses or awards paid to em-
ployees of Department 
‘‘(a) RECOUPMENT.—Notwithstanding any other pro-
vision 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, including under chapter 45 or 
53 of such title, or this title if— 
‘‘(1) the Secretary determines such repayment 
appropriate pursuant to regulations prescribed under 
subsection (c); and 
‘‘(2) before such repayment, the employee is af-
forded notice and an opportunity for a hearing con-
ducted by another department or agency of the Fed-
eral Government. 
‘‘(b) REVIEW.—A decision regarding a repayment by 
an employee pursuant to subsection (a)(2) is final and 
may not be reviewed by any department or agency or any 
court. 
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‘‘(c) REGULATIONS.—The Secretary shall prescribe 
regulations to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 715, as added by section 
5(a)(2), the following new item: 
‘‘717. Recoupment of bonuses or awards paid to employees of Department.’’. 
(c) EFFECTIVE DATE.—Section 717 of title 38, 
United States Code, as added by subsection (a), shall 
apply with respect to an award or bonus paid by the Sec-
retary of Veterans Affairs to an employee of the Depart-
ment of Veterans Affairs on or after the date that is 180 
days after the date of the enactment of this Act. 
(d) CONSTRUCTION.—Nothing in this section or the 
amendments made by this section may be construed to 
modify the certification issued by the Office of Personnel 
Management and the Office of Management and Budget 
regarding the performance appraisal system of the Senior 
Executive Service of the Department of Veterans Affairs. 
Æ 
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