1. (a) Evaluation Criteria.—

   1. (1) In evaluating the performance of supervisors of the Department, the Secretary shall include the criteria described in paragraph (2).

   2. (2) The criteria described in this subsection are the following:

      1. (A) Whether the supervisor treats whistleblower complaints in accordance with section 732 of this title.
      2. (B) Whether the appropriate deciding official, performance review board, or performance review committee determines that the supervisor was found to have committed a prohibited personnel action described in section 733(b) of this title by an administrative judge, the Merit Systems Protection Board, the Office of Special Counsel, an adjudicating body provided under a union contract, a Federal judge, or, in the case of a settlement of a whistleblower complaint (regardless of whether any fault was assigned under such settlement), the Secretary.

2. (b) Bonuses.—

   1. (1) The Secretary may not pay to a supervisor described in subsection (a)(2)(B) an award or bonus under this title or title 5, including under chapter 45 or 53 of such title, during the one-year period beginning on the date on which the determination was made under such subsection.

   2. (2) Notwithstanding any other provision of law, the Secretary shall issue an order directing a supervisor described in subsection (a)(2)(B) to repay the amount of any award or bonus paid under this title or title 5, including under chapter 45 or 53 of such title, if—

      1. (A) such award or bonus was paid for performance during a period in which the supervisor committed a prohibited personnel action as determined pursuant to such subsection (a)(2)(B);
      2. (B) the Secretary determines such repayment appropriate pursuant to regulations prescribed by the Secretary to carry out this section; and
      3. (C) the supervisor is afforded notice and an opportunity for a hearing before making such repayment.

(Added Pub. L. 114–223, div. A, title II, § 247(a)(1), Sept. 29, 2016, 130 Stat. 888.)