and inserting the following: ‘‘This subchapter applies 
to— 
‘‘(1) a suspension for 14 days or less, but not 
a suspension under section 7521 or 7532 or any ac-
tion initiated under section 1215; 
‘‘(2) a general furlough for 14 days or less; and 
‘‘(3) a furlough due to lapse in appropriations 
of any duration.’’; 
(3) by redesignating section 7504 as section 
7505; and 
(4) by inserting after section 7503 the fol-
lowing: 
‘‘§ 7504. Furlough cause and procedure 
‘‘(a) GENERAL FURLOUGH.— 
‘‘(1) IN GENERAL.—An employee may be sub-
ject to a general furlough for such cause as will pro-
mote the efficiency of the service. Any employee fur-
loughed under this subsection is entitled to the pro-
cedures established under the regulations promul-
gated under paragraph (2). 
‘‘(2) PROCEDURES.—Not later than 180 days 
after the date of enactment of this section, the Of-
fice of Personnel Management shall promulgate reg-
ulations providing for— 
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‘‘(A) the circumstances under which an 
employee may be furloughed under this sub-
section; 
‘‘(B) the procedures to be afforded fur-
loughed employees, including, to the extent ap-
propriate and practicable under the cir-
cumstances of the furlough action— 
‘‘(i) advanced notice stating the spe-
cific reasons for the proposed furlough; 
‘‘(ii) a reasonable time to answer oral-
ly and in writing and to furnish affidavits 
and other documentary evidence in support 
of the answer; 
‘‘(iii) representation by an attorney or 
other representative; and 
‘‘(iv) a written decision and specific 
reasons therefor at the earliest practicable 
date; and 
‘‘(C) the materials that shall be furnished 
to a furloughed employee and the Merit Sys-
tems Protection Board upon request of the em-
ployee or the Board. 
‘‘(b) FURLOUGH DUE
TO LAPSE
IN APPROPRIA-
TIONS.— 
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‘‘(1) IN GENERAL.—An employee may be sub-
ject to a furlough due to lapse in appropriations. 
‘‘(2) PROCEDURES.— 
‘‘(A) NOTICE.—Under regulations pre-
scribed by the Office of Personnel Management, 
any employee subject to a furlough due to lapse 
in appropriations shall be afforded notice ex-
plaining the reasons for the furlough. If the no-
tice cannot be provided in advance of the fur-
lough, notice shall be provided as soon as rea-
sonably practicable. 
‘‘(B) OTHER PROCEDURES.—No other pro-
cedures, including those provided under sub-
section (a) or any other provision of this title, 
shall be available to any employee subject to a 
furlough due to lapse in appropriations under 
this subsection. 
‘‘(c) DEFINITION.—For purposes of this section, the 
term ‘employee’ means any employee described under sec-
tion 7501(1)(A).’’. 
(b) GENERAL
FURLOUGH
OF
MORE
THAN
DAYS.—Subchapter II of chapter 75 of title 5, United 
States Code, is amended— 
(1) in section 7511(a)— 
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(A) in paragraph (4), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (5), by striking the pe-
riod at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(6) ‘furlough due to lapse in appropriations’ 
means a furlough due to a lapse in appropriations; 
and 
‘‘(7) ‘general furlough’ means a furlough that is 
not due to a lapse in appropriations.’’; 
(2) in section 7512, as amended by section 
2(c)— 
(A) in paragraph (5), by striking ‘‘a fur-
lough of 30 days or less’’ and inserting ‘‘a gen-
eral furlough of more than 14 days but less 
than 31 days’’; 
(B) in subparagraph (D), as redesignated 
by section 2(c), by striking ‘‘or’’ at the end; 
(C) in subparagraph (E), as redesignated 
by section 2(c), by striking the period at the 
end and inserting ‘‘; or’’; and 
(D) by adding at the end the following: 
‘‘(F) a furlough due to lapse in appropriations 
action under section 7504.’’; 
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(3) in section 7513(a), by striking ‘‘an action 
covered by this subchapter’’ and inserting ‘‘an action 
described in paragraphs (1) through (4) of section 
7512’’; and 
(4) by inserting after section 7515 the fol-
lowing: 
‘‘§ 7516. General furlough cause and procedure 
‘‘(a) IN GENERAL.—An employee may be subject to 
a general furlough for such cause as will promote the effi-
ciency of the service. An employee furloughed under this 
section is entitled to the procedures established under the 
regulations promulgated under subsection (b). 
‘‘(b) PROCEDURES.—Not later than 180 days after 
the date of enactment of this section, the Office of Per-
sonnel Management shall promulgate regulations pro-
viding for— 
‘‘(1) the circumstances under which an em-
ployee may be furloughed under this section; 
‘‘(2) the procedures provided under section 
7513 to the extent appropriate and practicable 
under the circumstances of the furlough; and 
‘‘(3) the materials that shall be furnished to a 
furloughed employee and the Merit Systems Protec-
tion Board upon request of the employee or the 
Board. 
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‘‘(c) APPEAL.—An employee against whom a fur-
lough action is taken under this section is entitled to ap-
peal to the Merit Systems Protection Board under section 
7701 not later than 10 business days after the effective 
date of the action.’’. 
(c) 
ADMINISTRATIVE
LAW
JUDGES.—Section 
7521(b) of title 5, United States Code, is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(D) a furlough due to lapse in appropriations 
action under section 7504.’’. 
(d) TECHNICAL AMENDMENTS.— 
(1) SECTION
7503.—The heading of section 
7503 of title 5, United States Code, is amended by 
striking ‘‘Cause and procedure’’ and inserting 
‘‘Suspension cause and procedure’’. 
(2) SECTION
7513.—The heading of section 
7513 of title 5, United States Code, is amended by 
striking ‘‘Cause and procedure’’ and inserting 
‘‘Cause and procedure for actions other 
than furlough’’. 
(e) CLERICAL AMENDMENTS.— 
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SEC. 7. 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 the 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 not later 
than 15 business days in advance of a final 
order under paragraph (3); and 
‘‘(B) an opportunity to respond to the de-
termination by not later than 10 business days 
after receipt of the notice. 
‘‘(3) FINAL ORDER.—The head of the agency 
shall issue a final order to carry out paragraph (1) 
not later than— 
‘‘(A) in the case of a covered individual 
who responds under paragraph (2)(B), 5 busi-
ness 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 on which the head of the agency pro-
vided notice to the individual under paragraph 
(2)(A), to the maximum extent practicable. 
‘‘(4) APPEAL.—A 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 in accordance with any regulations that 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 on which an order is issued under para-
graph (3). 
‘‘(b) ADMINISTRATIVE REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Not later than 30 business 
days after the date on which 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 in-
dividual, the applicable employing agency shall 
amend the covered individual’s retirement records to 
reflect the period of service that is no longer cred-
itable by operation of this section and transmit the 
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amended 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 on 
which 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 the annuity of the annuitant. 
‘‘(c) LUMP-SUM ANNUITY CREDIT.—A covered indi-
vidual with respect to whom an annuity is reduced under 
subsection (a) shall be entitled to be paid so much of the 
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 
a State, a territory, or the District of Columbia determines 
that the spouse fully cooperated with authorities in the 
conduct of a criminal investigation and subsequent pros-
ecution of the individual that resulted in the benefit reduc-
tion. 
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‘‘(e) APPLICATION.—Nothing in this section shall be 
construed to affect or otherwise mitigate the application 
of any other section of this subchapter. 
‘‘(f) DEFINITIONS.—In this section— 
‘‘(1) the term ‘covered individual’ means— 
‘‘(A) an individual who is removed from a 
position as an employee (as defined in section 
2105) in the civil service for performance or 
misconduct under section 7513, 7543, or any 
other provision of law; or 
‘‘(B) an individual who— 
‘‘(i) is an employee (as defined in sec-
tion 2105) subject to a removal action for 
performance or misconduct under section 
7513, 7543, or any other provision of law; 
and 
‘‘(ii) voluntarily separates from service 
with the employing agency prior to the 
issuance of a final decision with respect to 
the removal action; 
‘‘(2) the term ‘felonious service’ means, with re-
spect to a covered individual, the period of service— 
‘‘(A) beginning on the date on which the 
head of the employing agency determines that 
the individual commenced engaging in the acts 
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or omissions that gave rise to the removal ac-
tion or proposed removal action described in 
paragraph (1); and 
‘‘(B) ending on the date that is the earlier 
of— 
‘‘(i) the date on which the individual 
is removed from or voluntarily separates 
from a position at the agency; or 
‘‘(ii) the date on which the individual 
ceases engaging in the acts or omissions 
that gave rise to the removal action or pro-
posed removal action described in para-
graph (1); 
‘‘(3) the term ‘finally convicted’ or ‘final convic-
tion’ 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 
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‘‘(5) the term ‘service’ has the meaning given 
that term in section 8331(12) or 8401(26) (as the 
case may be).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for 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.’’. 
(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 that 
section occurring after the date of enactment of this Act. 
(c) REGULATIONS.—The Office of Personnel Man-
agement may prescribe regulations to carry out this sec-
tion and the amendments made by this section. 
SEC. 8. AUTHORITY TO RECOUP BONUSES OR AWARDS 
PAID TO EMPLOYEES. 
(a) AUTHORITY.— 
(1) IN GENERAL.—Chapter 45 of title 5, United 
States Code, is amended by adding at the end the 
following: 
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‘‘SUBCHAPTER IV—REPAYMENT OF BONUSES 
OR AWARDS 
‘‘§ 4531. Recoupment of bonuses or awards paid to 
employees 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, and except as provided in subsection (c), 
the head of an agency may issue an order directing an 
employee or former employee of the agency to repay the 
amount, or a portion of the amount, of any award or 
bonus paid to the employee under this title, including 
under this chapter or section 5384, 5753, or 5754, if— 
‘‘(1) the agency head determines by clear and 
convincing evidence that— 
‘‘(A) the employee or former employee en-
gaged in misconduct or unsatisfactory perform-
ance prior to payment of the award or bonus; 
and 
‘‘(B) the award or bonus would not have 
been paid, in whole or in part, had the mis-
conduct or unsatisfactory performance de-
scribed in subparagraph (A) been known by the 
agency prior to payment; 
‘‘(2) before the repayment, the employee or 
former employee is afforded— 
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‘‘(A) notice of the determination not later 
than 15 business days in advance of a final 
order under this subsection; and 
‘‘(B) an opportunity to respond to the pro-
posed order by not later than 10 business days 
after the receipt of the notice; and 
‘‘(3) the agency head issues the order not later 
than— 
‘‘(A) in the case of a proposed order to 
which an employee or former employee responds 
under paragraph (2)(B), 5 business days after 
receiving the response of the employee or 
former employee (as the case may be), to the 
maximum extent practicable; or 
‘‘(B) in the case of a proposed order to 
which an employee or former employee does not 
respond, 15 business days after the agency 
head provides notice to the employee or former 
employee (as the case may be) under paragraph 
(2)(A), to the maximum extent practicable. 
‘‘(b) RECRUITMENT, RELOCATION, OR RETENTION 
BONUS.— 
‘‘(1) IN GENERAL.—In addition to ordering an 
employee to repay any payments received under a 
service agreement under subsection (a), the head of 
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an agency shall terminate a recruitment, relocation, 
or retention service agreement and make no further 
recruitment, relocation, or retention bonus payments 
under the agreement. 
‘‘(2) APPLICATION.—A bonus repayment order 
or a termination or withholding of a bonus payment 
under this subsection shall supersede any other 
bonus payment or repayment requirement estab-
lished by law or regulation. 
‘‘(c) OFFICE OF SPECIAL COUNSEL FILING.—If an 
employee or former employee has filed a claim with the 
Office of Special Counsel, an agency seeking repayment 
of any bonus or award from the employee or former em-
ployee shall provide the Office with notice of intent to seek 
repayment, and the repayment order shall not be effective 
unless and until the Office approves the order. 
‘‘(d) APPEAL.—Upon the issuance of an order by an 
agency head under subsection (a) with respect to an em-
ployee or former employee, the employee or former em-
ployee (as the case may be) shall have an opportunity to 
appeal the order to the Merit Systems Protection Board 
under section 7701 not later than 10 business days after 
the date of the issuance.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 45 of title 5, United States Code, 
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is amended by adding after the item relating to sec-
tion 4523 the following: 
‘‘SUBCHAPTER IV—REPAYMENT OF BONUSES OR AWARDS 
‘‘4531. Recoupment of bonuses or awards paid to employees.’’. 
(b) OTHER BONUSES OR AWARDS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, a bonus or award to an employee 
(as that term is defined in section 2105 of title 5, 
United States Code) that is similar to a bonus or 
award covered by section 4531 of that title (as 
added by subsection (a)) shall be subject to the re-
quirements in such section 4531. The head of the 
applicable agency shall ensure that such section 
4531 shall apply to employees of that agency. 
(2) APPLICATION.—An employee covered by 
such section 4531 by operation of paragraph (1) 
may not appeal any decision regarding a bonus 
under that section or paragraph to the Merit Sys-
tems Protection Board if the employee is not other-
wise authorized by law to appeal to the Board. 
(c) SERVICE AGREEMENTS.— 
(1) IN GENERAL.—The Director of the Office of 
Personnel Management shall direct each agency (as 
that term is defined in section 4501(1) of title 5, 
United States Code) to incorporate into service 
agreements entered into after the date of enactment 
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of this Act under sections 5753 and 5754 of that 
title terms addressing the conditions under which 
the agreement and bonus payments shall be termi-
nated and employees may be required to repay bonus 
payments under such section 4531. 
(2) CONFORMING
AMENDMENTS.—Subchapter 
IV of chapter 57 of title 5, United States Code, is 
amended— 
(A) in section 5753(c)(2)(A)— 
(i) in clause (iii), by striking ‘‘and’’ at 
the end; 
(ii) by redesignating clause (iv) as 
clause (v); and 
(iii) by inserting after clause (iii) the 
following: 
‘‘(iv) notwithstanding any additional bonus pay-
ment and service agreement termination require-
ments under this subsection, the conditions under 
which— 
‘‘(I) the agreement and bonus payments 
shall be terminated under section 4531; and 
‘‘(II) the employee may be required to 
repay bonus payments under section 4531 dur-
ing or after the completion of the service pe-
riod; and’’; and 
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(B) in section 5754(d)— 
(i) in paragraph (2)(A)— 
(I) in clause (iii), by striking 
‘‘and’’ at the end; 
(II) by redesignating clause (iv) 
as clause (v); and 
(III) by inserting after clause 
(iii) the following: 
‘‘(iv) notwithstanding any additional bonus pay-
ment and service agreement termination require-
ments under this subsection, the conditions under 
which— 
‘‘(I) the agreement and bonus payments 
shall be terminated under section 4531; and 
‘‘(II) the employee may be required to 
repay bonus payments under section 4531 dur-
ing or after the completion of the service pe-
riod; and’’; 
(ii) by striking paragraph (3); and 
(iii) by redesignating paragraph (4) as 
paragraph (3). 
(d) REGULATIONS.—Not later than 1 year after the 
date of enactment of this Act, the Director of the Office 
of Personnel Management shall issue any regulations nec-
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‘‘(2) For purposes of paragraph (1)— 
‘‘(A) the term ‘formal training’ means, with re-
spect to any position, a training program required 
by law, rule, or regulation, or otherwise required by 
the employing agency, to be completed by the em-
ployee before the employee is able to successfully 
execute the duties of the applicable position; and 
‘‘(B) the term ‘license’ means a license, certifi-
cation, or other grant of permission to engage in a 
particular activity. 
‘‘(d) The head of each agency shall, in the adminis-
tration of this section, take appropriate measures to en-
sure that— 
‘‘(1) any announcement of a vacant position 
and any offer of appointment made to an individual 
with respect to a vacant position clearly states the 
terms and conditions of any applicable probationary 
period, including any formal training period and any 
license requirement; 
‘‘(2) any individual who is required to complete 
a probationary period under this section receives 
timely notice of any requirements, including per-
formance requirements, that must be met in order to 
satisfactorily complete that period; 
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‘‘(3) any supervisor or manager of an individual 
who is required to complete a probationary period 
under this section receives periodic notifications of 
the end date of that period not later than 1 year, 
6 months, 3 months, and 30 days before the end 
date; and 
‘‘(4) if the agency head decides to retain an in-
dividual after the completion of a probationary pe-
riod under this section, the agency head submits a 
certification to that effect to the President, sup-
ported by a brief statement of the basis for the cer-
tification, in such form and manner as the President 
may by regulation prescribe.’’. 
(2) TECHNICAL AMENDMENT.—Section 3321(e) 
of title 5, United States Code (as so redesignated by 
paragraph (1)), is amended by striking ‘‘Subsections 
(a) and (b)’’ and inserting ‘‘Subsections (a) through 
(d)’’. 
(3) APPLICATION.—This subsection and the 
amendments made by this subsection shall apply in 
the case of any appointment (as referred to in sec-
tion 3321(a)(1) of title 5, United States Code) and 
any initial appointment (as referred to in section 
3321(a)(2) of that title) taking effect on or after the 
effective date provided in section 11 of this Act. 
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(b) ADVERSE ACTIONS.— 
(1) SUBCHAPTER I OF CHAPTER 75 OF TITLE 
5.—Section 7501(1) of title 5, United States Code, 
as amended by sections 5(c) and 6(a)(1), is further 
amended— 
(A) by striking ‘‘or, except’’ and inserting 
‘‘and, except’’; and 
(B) by striking ‘‘1 year of current’’ and in-
serting ‘‘2 years of current’’. 
(2) SUBCHAPTER II OF CHAPTER 75 OF TITLE 
5.—Section 7511(a)(1) of title 5, United States 
Code, is amended— 
(A) in subparagraph (A)— 
(i) in clause (i), by striking ‘‘; or’’ and 
inserting ‘‘; and’’; and 
(ii) in clause (ii), by striking ‘‘1 year’’ 
the first place it appears and inserting ‘‘2 
years’’; 
(B) in subparagraph (B), by striking ‘‘1 
year’’ and inserting ‘‘2 years’’; and 
(C) in subparagraph (C)(i), by striking ‘‘; 
or’’ and inserting ‘‘; and’’. 
(3) APPLICATION.—The amendments made by 
paragraphs (1) and (2) shall apply in the case of 
any individual whose period of continuous service 
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commences on or after the effective date provided in 
section 11. 
(c) REGULATIONS.—The Office of Personnel Man-
agement may prescribe regulations to carry out this sec-
tion and the amendments made by this section. 
SEC. 11. APPLICATION. 
(a) EFFECTIVE DATE.—Unless otherwise specifically 
provided for in this Act, the amendments made by this 
Act shall take effect on the date that is 1 year after the 
date of enactment of this Act. 
(b) COLLECTIVE BARGAINING AGREEMENTS.—Not-
withstanding any other provision of law, the procedures 
established or amended by this Act shall supersede any 
collective bargaining agreement to the extent that the 
agreement is inconsistent with those procedures. 
(c) DEFINITION OF BUSINESS DAY.—For purposes 
of carrying out this Act and the amendments made by this 
Act, the term ‘‘business day’’ means any day other than 
a Saturday, Sunday, or legal public holiday under section 
6103(a) of title 5, United States Code. 
Æ 
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