[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 742 Reported in Senate (RS)]
<DOC>
Calendar No. 386
114th CONGRESS
2d Session
S. 742
[Report No. 114-226]
To appropriately limit the authority to award bonuses to employees.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 16, 2015
Ms. Ayotte (for herself, Mrs. McCaskill, and Mrs. Fischer) introduced
the following bill; which was read twice and referred to the Committee
on Homeland Security and Governmental Affairs
March 14, 2016
Reported by Mr. Johnson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To appropriately limit the authority to award bonuses to employees.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Stop Wasteful Federal
Bonuses Act of 2015''.</DELETED>
<DELETED>SEC. 2. BONUSES.</DELETED>
<DELETED> (a) Adverse Findings and Employees Under Investigation.--
Chapter 45 of title 5, United States Code, is amended by adding at the
end the following:</DELETED>
<DELETED>``Subchapter IV--Limitations on Bonus Authority</DELETED>
<DELETED>``Sec. 4531. Certain forms of misconduct</DELETED>
<DELETED> ``(a) Definitions.--In this section--</DELETED>
<DELETED> ``(1) the term `adverse finding' relating to an
employee means a determination that the conduct of the
employee--</DELETED>
<DELETED> ``(A) violated a policy of the agency for
which the employee may be removed or suspended;
or</DELETED>
<DELETED> ``(B) violated a law for which the
employee may be imprisoned of more than 1
year;</DELETED>
<DELETED> ``(2) the term `agency' has the meaning given that
term under section 551; and</DELETED>
<DELETED> ``(3) the term `bonus' means any bonus or cash
award, including--</DELETED>
<DELETED> ``(A) an award under this
chapter;</DELETED>
<DELETED> ``(B) an award under section 5384;
and</DELETED>
<DELETED> ``(C) a retention bonus under section
5754.</DELETED>
<DELETED> ``(b) Adverse Findings.--</DELETED>
<DELETED> ``(1) In general.--The head of an agency shall not
award a bonus to an employee of the agency until 5 years after
the end of the fiscal year in which the Inspector General or
another senior ethics official of the agency or the Comptroller
General of the United States makes an adverse finding relating
to the employee.</DELETED>
<DELETED> ``(2) Previously awarded bonuses.--If the
Inspector General or another senior ethics official of the
agency or the Comptroller General of the United States makes an
adverse finding relating to an employee, the head of the agency
employing the employee, after notice and an opportunity for a
hearing, shall issue an order directing the employee to repay
the amount of any bonus awarded to the employee during the year
during which the adverse finding is made.''.</DELETED>
<DELETED> (b) Technical and Conforming Amendment.--The table of
sections for chapter 45 of title 5, United States Code, is amended by
adding at the end the following:</DELETED>
<DELETED> ``subchapter iv--limitations on bonus authority
<DELETED>``4531. Certain forms of misconduct.''.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Wasteful Federal Bonuses Act of
2015''.
SEC. 2. BONUSES.
(a) Adverse Findings and Employees Under Investigation.--Chapter 45
of title 5, United States Code, is amended by adding at the end the
following:
``Subchapter IV--Limitations on Bonus Authority
``Sec. 4531. Certain forms of misconduct
``(a) Definitions.--In this section:
``(1) Adverse finding.--
``(A) In general.--The term `adverse finding' means
a determination by the head of the agency employing an
employee that the conduct of the employee--
``(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,
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' has the meaning given that
term under section 551.
``(3) Bonus.--The term `bonus' means any performance award
or cash award under--
``(A) section 4505a;
``(B) section 5384; or
``(C) section 5754.
``(b) Prohibition.--The head of an agency shall not award a bonus
to an employee of the agency until 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 year during 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) Hearings.--A hearing under this paragraph 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 of an
agency shall sign a certification stating that the employee shall repay
the bonus in accordance with a final order issued in accordance with
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 appeal to the Merit Systems Protection Board under
section 7701.''.
(b) Rulemaking.--The head of each agency (as defined under title
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 of title 5, United States Code, is amended by adding at the
end the following:
``subchapter iv--limitations on bonus authority
``4531. Certain forms of misconduct.''.
Calendar No. 386
114th CONGRESS
2d Session
S. 742
[Report No. 114-226]
_______________________________________________________________________
A BILL
To appropriately limit the authority to award bonuses to employees.
_______________________________________________________________________
March 14, 2016
Reported with an amendment