S.Amdt. 1123

1. Adds SEC. ___. SUSPENSION AND REMOVAL FOR MAJOR MALFEASANCE, CRIMINAL CONDUCT, AND OTHER MISCONDUCT AT ODDS WITH THE MISSION OF AN AGENCY wherever appropriate

   Adds a section

   Inserted: SEC. ___. SUSPENSION AND REMOVAL FOR MAJOR MALFEASANCE, CRIMINAL CONDUCT, AND OTHER MISCONDUCT AT ODDS WITH THE MISSION OF AN AGENCY.

   Inserted: (a) In General.--Chapter 75 of title 5, United States Code, is amended by adding at the end the following:

   Inserted: "Subchapter VI--Major Malfeasance, Criminal Conduct, and Other Misconduct at Odds With the Mission of an Agency "Sec. 7551. Definitions "In this subchapter--

   Inserted: "(1) the term 'agency' has the meaning given that term in section 551;

   Inserted: "(2) the term 'employee' means an individual employed by an agency; and

   Inserted: "(3) the term 'suspension' means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay.

   Inserted: "Sec. 7552. Suspension and removal

   Inserted: "(a) In General.--Notwithstanding any other provision of this chapter, or any other provision of law, the head of an agency may suspend without pay an employee of the agency if the head of the agency determines--

   Inserted: "(1) the employee has engaged in major malfeasance, criminal conduct, or other misconduct at odds with the mission of the agency; or

   Inserted: "(2) the employee failed to report major malfeasance, criminal conduct, or other misconduct at odds with the mission of the agency the employee knows was engaged in by an employee of the agency who is supervised by the employee.

   Inserted: "(b) Notice and Opportunity to Be Heard.--For an employee suspended under subsection (a)--

   Inserted: "(1) the head of an agency shall notify the employee of the reasons for the suspension; and

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   Inserted: "(2) not later than 30 days after the date of the notification, the employee is entitled to submit to the officer designated by the head of the agency statements or affidavits to show why the employee should be restored to duty.

   Inserted: "(c) Removal.--Subject to subsection (d), the head of an agency may remove an employee suspended under subsection (a) if, after such investigation and review as the head of the agency considers necessary, the head of the agency determines that removal is necessary or advisable, in light of the major malfeasance, criminal conduct, or other misconduct at issue. The determination of the head of the agency under this subsection is final.

   Inserted: "(d) Process.--

   Inserted: "(1) In general.--An employee described in paragraph (2) is entitled, after suspension and before removal, to--

   Inserted: "(A) not later than 30 days after the date of the notification of the suspension, a written statement of the charges against the employee, which--

   Inserted: "(i) not later than 30 days after providing the written statement, may be amended; and

   Inserted: "(ii) shall be stated as specifically as possible;

   Inserted: "(B) not later than 30 days after the later of the date on which the written statement is provided or the date on which the written statement is amended, an opportunity to answer the charges and submit affidavits;

   Inserted: "(C) a hearing, at the request of the employee, by an agency authority duly constituted for this purpose;

   Inserted: "(D) a review of the matter by the head of the agency or a designee, before a decision adverse to the employee is made final; and

   Inserted: "(E) a written statement of the decision of the head of the agency.

   Inserted: "(2) Employees covered.--An employee described in this paragraph is an employee who--

   Inserted: "(A) is suspended under subsection (a) of this section;

   Inserted: "(B) has a permanent or indefinite appointment;

   Inserted: "(C) has completed his probationary or trial period; and

   Inserted: "(D) is a citizen of the United States.".

   Inserted: (b) Technical and Conforming Amendment.--The table of sections for chapter 75 of title 5, United States Code, is amended by adding at the end the following:

   Inserted: "subchapter vi--major malfeasance, criminal conduct, and other misconduct at odds with the mission of an agency "7551. Definitions.

   Inserted: "7552. Suspension and removal.".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed