; (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; and (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; (2) before such repayment, the employee is afforded— (A) notice of the proposed order; and (B) an opportunity to respond to the proposed order by not later than 10 business days after the receipt of such notice; and (3) the Secretary issues the order— (A) in the case of a proposed order to which an individual responds under paragraph (2)(B), not later than five business days after receiving the response of the individual