individual subject to a removal for performance or misconduct under section 4 or any other provision of law, the period of service beginning on the date that the Secretary determines under such applicable provision that the individual engaged in activity that gave rise to such action and ending on the date that the individual is removed from or leaves a position of employment at the Department prior to the issuance of a final decision with respect to such action. (2) The term lump-sum credit has the meaning given such term in section 8331(8) or section 8401(19) of title 5, United States Code, as the case may be. (3) The term service has the meaning given such term in section 8331(12) or section 8401(26) of title 5, United States Code, as the case may be. 9. Recoupment of bonuses or awards paid to employees of Department (a) In general Notwithstanding any other provision 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, United States Code, including under chapter 45 or 53 of such title, section 141(d)(5)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1018(d)(5)(B) ), or another provision of Federal law, if— (1) the Secretary determines that the individual engaged in misconduct or poor performance prior to payment of the award or bonus, and that such award or bonus would not have been paid, in whole or in part, had the misconduct or poor performance been known prior to payment