[Congressional Record Volume 161, Number 58 (Tuesday, April 21, 2015)]
[Senate]
[Pages S2306-S2307]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1123. Mr. KIRK submitted an amendment intended to be proposed by 
him to the bill S. 178, to provide justice for the victims of 
trafficking; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

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

    ``Subchapter VI--Major Malfeasance, Criminal Conduct, and Other 
            Misconduct at Odds With the Mission of an Agency

     ``Sec. 7551. Definitions

       ``In this subchapter--
       ``(1) the term `agency' has the meaning given that term in 
     section 551;
       ``(2) the term `employee' means an individual employed by 
     an agency; and
       ``(3) the term `suspension' means the placing of an 
     employee, for disciplinary reasons, in a temporary status 
     without duties and pay.

     ``Sec. 7552. Suspension and removal

       ``(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--
       ``(1) the employee has engaged in major malfeasance, 
     criminal conduct, or other misconduct at odds with the 
     mission of the agency; or
       ``(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.
       ``(b) Notice and Opportunity to Be Heard.--For an employee 
     suspended under subsection (a)--
       ``(1) the head of an agency shall notify the employee of 
     the reasons for the suspension; and
       ``(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.
       ``(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.
       ``(d) Process.--
       ``(1) In general.--An employee described in paragraph (2) 
     is entitled, after suspension and before removal, to--
       ``(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--
       ``(i) not later than 30 days after providing the written 
     statement, may be amended; and
       ``(ii) shall be stated as specifically as possible;
       ``(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;
       ``(C) a hearing, at the request of the employee, by an 
     agency authority duly constituted for this purpose;
       ``(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
       ``(E) a written statement of the decision of the head of 
     the agency.
       ``(2) Employees covered.--An employee described in this 
     paragraph is an employee who--
       ``(A) is suspended under subsection (a) of this section;
       ``(B) has a permanent or indefinite appointment;
       ``(C) has completed his probationary or trial period; and

[[Page S2307]]

       ``(D) is a citizen of the United States.''.
       (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:

    ``subchapter vi--major malfeasance, criminal conduct, and other 
            misconduct at odds with the mission of an agency

``7551. Definitions.
``7552. Suspension and removal.''.
                                 ______