[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6388 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 6388
To amend title 5, United States Code, to provide for the reduction of
the annuity for any Federal employee who is convicted of a felony that
resulted in, or would have resulted in, removal from the civil service,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 16, 2018
Mrs. Brooks of Indiana introduced the following bill; which was
referred to the Committee on Oversight and Government Reform
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to provide for the reduction of
the annuity for any Federal employee who is convicted of a felony that
resulted in, or would have resulted in, removal from the civil service,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Retirement
Accountability Act''.
SEC. 2. REDUCTION OF ANNUITY OF EMPLOYEE CONVICTED OF A FELONY FOR
WHICH AN ADVERSE ACTION IS OR WOULD HAVE BEEN TAKEN.
(a) Reduction of Annuity of Employee Convicted of a Felony for
Which an Adverse Action Is Taken.--
(1) In general.--Subchapter II of chapter 83 of title 5,
United States Code, is amended by adding at the end the
following:
``Sec. 8323. Reduction of benefits of employees convicted of certain
crimes
``(a) Reduction of Annuity.--
``(1) In general.--The felonious service of a covered
individual shall not be taken into account for purposes of
calculating an annuity with respect to such individual under
subchapter III of this chapter or chapter 84 if--
``(A) the covered individual is finally convicted
of a felony; and
``(B) the head of the agency at which the
individual was employed determines that the conviction
was based on the acts or omissions of the covered
individual that--
``(i) were taken or not taken in the
performance of the covered individual's
official duties at the agency; and
``(ii) are sufficient to support a removal
action under section 7513, 7543, or any other
provision of law against the covered
individual.
``(2) Procedures.--A covered individual against whom a
determination is made under paragraph (1) shall be afforded--
``(A) notice of the determination 15 business days
in advance of a final order under paragraph (3); and
``(B) an opportunity to respond to the
determination by not later than ten business days
following receipt of such notice.
``(3) Final order.--The head of the agency shall issue a
final order to carry out paragraph (1)--
``(A) in the case of a covered individual who
responds under paragraph (2)(B), five business days
after receiving the response from the covered
individual, to the maximum extent practicable; or
``(B) in the case of a covered individual who does
not so respond, 15 business days after the date the
head of the agency provided notice to the individual
under paragraph (2)(A), to the maximum extent
practicable.
``(4) Appeal.--Any covered individual with respect to whom
an annuity is to be reduced under this subsection may appeal
the final order under paragraph (3) to the Merit Systems
Protection Board pursuant to such regulations as the Board may
prescribe for purposes of this subsection. An appeal may not be
made under this paragraph later than that date that is 10
business days after the date an order is issued under paragraph
(3).
``(b) Administrative Requirements.--
``(1) In general.--Not later than 30 business days after
the date that the head of an agency issues a final order under
subsection (a) or a final decision of the Merit Systems
Protection Board is rendered (as the case may be) with respect
to an individual, the applicable employing agency shall amend
the covered individual's retirement records to reflect the
period of service that is no longer creditable by operation of
this section and transmit the amended records to the Director
of the Office of Personnel Management.
``(2) Annuitants.--With respect to any covered individual
who is an annuitant on the date a final order is so issued, the
Director of the Office of Personnel Management shall, not later
than 30 business days after the receipt of amended retirement
records from an agency under paragraph (1), recalculate such
annuity.
``(c) Lump-Sum Annuity Credit.--Any covered individual with respect
to whom an annuity is reduced under subsection (a) shall be entitled to
be paid so much of such individual's lump-sum credit as is attributable
to the period of felonious service.
``(d) Spouse Exception.--The spouse of any covered individual
referred to in subsection (a) shall be eligible for spousal annuity
benefits that, but for subsection (a), would otherwise have been
payable if the Attorney General of the United States or the attorney
general of any state, territory, or the District of Columbia determines
that the spouse fully cooperated with authorities in the conduct of a
criminal investigation and subsequent prosecution of the individual
which resulted in such benefit reduction.
``(e) Application.--Nothing in this section shall be construed to
effect or otherwise mitigate the application of any other section in
this subchapter.
``(f) Definitions.--In this section--
``(1) the term `covered individual' means--
``(A) an individual who was an employee (as that
term is defined in section 2105) removed from a
position in the civil service for performance or
misconduct under section 7513, 7543, or any other
provision of law; or
``(B) an individual who--
``(i) was an employee (as that term is
defined in section 2105) subject to a removal
action for performance or misconduct under
section 7513, 7543, or any other provision of
law; and
``(ii) who leaves employment at the agency
prior to the issuance of a final decision with
respect to such action;
``(2) the term `felonious service' means, with respect to a
covered individual, the period of service--
``(A) beginning on the date that the head of the
agency determines that the individual commenced
engaging in the acts or omissions that gave rise to the
removal action or proposed removal action; and
``(B) ending on the date that is the earlier of--
``(i) the date that the individual is
removed from or leaves a position at the
agency; or
``(ii) the date that the individual ceases
engaging in the acts or omissions that gave
rise to the removal action or proposed removal
action;
``(3) the term `finally convicted' and `final conviction'
refers to a conviction of a felony--
``(A) that has not been appealed and is no longer
appealable because the time for taking an appeal has
expired; or
``(B) that has been appealed and the appeals
process for which is completed;
``(4) the term `lump-sum credit' has the meaning given that
term in section 8331(8) or 8401(19) (as the case may be); and
``(5) the term `service' has the meaning given that term
under section 8331(12) or 8401(26) (as the case may be).''.
(2) Clerical amendment.--The table of sections for
Subchapter II of chapter 83 of title 5, United States Code, is
amended by adding after the item relating to section 8322 the
following new item:
``8323. Reduction of benefits of employees convicted of certain
crimes.''.
(b) Application.--Section 8323 of title 5, United States Code, as
added by subsection (a), shall apply to acts or omissions described in
subsection (a)(1)(B) of such section occurring after the date of the
enactment of this Act.
(c) Regulations.--The Office of Personnel Management may prescribe
regulations to carry out the purposes of this section and the
amendments made by this Act.
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