I 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Employee Re-
tirement Accountability Act’’. 
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SEC. 2. REDUCTION OF ANNUITY OF EMPLOYEE CON-
VICTED OF A FELONY FOR WHICH AN AD-
VERSE ACTION IS OR WOULD HAVE BEEN 
TAKEN. 
(a) REDUCTION OF ANNUITY OF EMPLOYEE CON-
VICTED 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: 
‘‘§ 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 chap-
ter or chapter 84 if— 
‘‘(A) the covered individual is finally con-
victed 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— 
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‘‘(i) were taken or not taken in the 
performance of the covered individual’s of-
ficial duties at the agency; and 
‘‘(ii) are sufficient to support a re-
moval action under section 7513, 7543, or 
any other provision of law against the cov-
ered individual. 
‘‘(2) 
PROCEDURES.—A 
covered 
individual 
against whom a determination is made under para-
graph (1) shall be afforded— 
‘‘(A) notice of the determination 15 busi-
ness days in advance of a final order under 
paragraph (3); and 
‘‘(B) an opportunity to respond to the de-
termination 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 
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‘‘(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 re-
spect 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 oper-
ation of this section and transmit the amended 
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records to the Director of the Office of Personnel 
Management. 
‘‘(2) ANNUITANTS.—With respect to any cov-
ered 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 busi-
ness days after the receipt of amended retirement 
records from an agency under paragraph (1), recal-
culate such annuity. 
‘‘(c) LUMP-SUM ANNUITY CREDIT.—Any covered in-
dividual 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 pe-
riod of felonious service. 
‘‘(d) SPOUSE EXCEPTION.—The spouse of any cov-
ered individual referred to in subsection (a) shall be eligi-
ble 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 deter-
mines 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. 
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‘‘(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) re-
moved 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 re-
moval action for performance or mis-
conduct 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 deci-
sion with respect to such action; 
‘‘(2) the term ‘felonious service’ means, with re-
spect 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 
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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 re-
moved 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 pro-
posed removal action; 
‘‘(3) the term ‘finally convicted’ and ‘final con-
viction’ 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 ap-
peals process for which is completed; 
‘‘(4) the term ‘lump-sum credit’ has the mean-
ing 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).’’. 
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(2) CLERICAL AMENDMENT.—The table of sec-
tions 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 Man-
agement may prescribe regulations to carry out the pur-
poses of this section and the amendments made by this 
Act. 
Æ 
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