; and (B) before such order is made, the individual is afforded— (i) notice of the order and an opportunity to respond to the order; and (ii) consistent with paragraph (2), an opportunity to appeal the order to another department or agency of the Federal Government. (2) If a final decision on an appeal made under paragraph (1)(B)(ii) is not made by the applicable department or agency of the Federal Government within 30 days after receiving such appeal, the order of the Secretary under paragraph (1) shall be final and not subject to further appeal. (b) Reduction of annuity for retired employee (1) The Secretary may order that the covered service of an individual who is subject to a removal or transfer action for performance or misconduct under section 713 of this title, chapter 43 or subchapter V of chapter 75 of title 5, or any other provision of law but who leaves employment at the Department prior to the issuance of a final decision with respect to such action shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 of title 5, if— (A) the individual is convicted of a felony that influenced the individual’s performance while employed in the senior executive position; and (B) before such order is made, the individual is afforded— (i) notice of the order and an opportunity to respond to the order