S.Amdt. 3223Senate113th Congress (2013-2015)

S.Amdt. 3223

What it does: Adds SEC. __. BONUSES wherever appropriate
Submitted May 15, 2014

What it changes

1 change to H.R. 3474

Adds a section
  1. Adds SEC. __. BONUSES wherever appropriate

    Adds a section

    Inserted: SEC. __. BONUSES.

    Inserted: (a) Adverse Findings and Employees Under Investigation.--Chapter 45 of title 5, United States Code, is amended by adding at the end the following:

    Inserted: "Subchapter IV--Limitations on Bonus Authority "Sec. 4531. Certain forms of misconduct

    Inserted: "(a) Definitions.--In this section--

    Inserted: "(1) the term 'adverse finding' relating to an employee means a determination that the conduct of the employee--

    Inserted: "(A) violated a policy of the agency for which the employee may be removed or suspended; or

    Inserted: "(B) violated a law for which the employee may be imprisoned of more than 1 year;

    Inserted: "(2) the term 'agency' has the meaning given that term under section 551; and

    Inserted: "(3) the term 'bonus' means any bonus or cash award, including--

    Inserted: "(A) an award under this chapter;

    Inserted: "(B) an award under section 5384; and

    Inserted: "(C) a retention bonus under section 5754.

    Show 5 more inserted paragraphs

    Inserted: "(b) Adverse Findings.--

    Inserted: "(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.

    Inserted: "(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.".

    Inserted: (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:

    Inserted: "subchapter iv--limitations on bonus authority "4531. Certain forms of misconduct.".

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 3223. Ms. AYOTTE submitted an amendment intended to be proposed by her to the bill H.R. 3474, to amend the Internal Revenue Code of 1986 to allow employers to exempt employees with health coverage under TRICARE or the Veterans Administration from being taken into account for purposes of the employer mandate under the Patient Protection and Affordable Care Act; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. 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) the term ‘adverse finding' relating to an employee means a determination that the conduct of the employee--

“(A) violated a policy of the agency for which the employee may be removed or suspended; or

“(B) violated a law for which the employee may be imprisoned of more than 1 year;

“(2) the term ‘agency' has the meaning given that term under section 551; and

“(3) the term ‘bonus' means any bonus or cash award, including--

“(A) an award under this chapter;

“(B) an award under section 5384; and

“(C) a retention bonus under section 5754.

“(b) Adverse Findings.--

“(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.

“(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.”.

(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:

“subchapter iv--limitations on bonus authority

“4531. Certain forms of misconduct.”.

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Senate amendment submitted

May 15, 2014