SEC. 1203
TERMINATION OF EMPLOYMENT FOR MISCONDUCT.
(a) In General.--Subject to subsection (c), the Commissioner of Internal Revenue shall terminate the employment of any employee of the Internal Revenue Service if there is a final administrative or judicial determination that such employee committed any act or omission described under subsection (b) in the performance of the employee's official duties. Such termination shall be a removal for cause on charges of misconduct.
(b)
Acts or Omissions.--The acts or omissions referred to under subsection (a)
are--
(1)
willful failure to obtain the required approval signatures on documents
authorizing the seizure of a taxpayer's home, personal belongings, or business
assets;
(2) providing a false statement under
oath with respect to a material matter involving a taxpayer or taxpayer
representative;
(3) with respect to a taxpayer,
taxpayer representative, or other employee of the Internal Revenue Service, the
violation of--
(A) any right under the Constitution of the United States; or
(B) any civil right established under--
(i) title VI or VII of the Civil Rights Act of 1964;
(ii) title IX of the Education Amendments of 1972;
(iii) the Age Discrimination in Employment Act of 1967;
(iv) the Age Discrimination Act of 1975;
(v) section 501 or 504 of the Rehabilitation Act of 1973; or
(vi) title I of the Americans with Disabilities Act of 1990;
(4) falsifying or destroying
documents to conceal mistakes made by any employee with respect to a matter
involving a taxpayer or taxpayer representative;
(5) assault or battery on a taxpayer,
taxpayer representative, or other employee of the Internal Revenue Service, but
only if there is a criminal conviction, or a final judgment by a court in a
civil case, with respect to the assault or battery;
(6) violations of the Internal
Revenue Code of 1986, Department of Treasury regulations, or policies of the
Internal Revenue Service (including the Internal Revenue Manual) for the purpose
of retaliating against, or harassing, a taxpayer, taxpayer representative, or
other employee of the Internal Revenue Service;
(7) willful misuse of the provisions
of section 6103 of the Internal Revenue Code of 1986 for the purpose of
concealing information from a congressional inquiry;
(8) willful failure to file any
return of tax required under the Internal Revenue Code of 1986 on or before the
date prescribed therefore (including any extensions), unless such failure is due
to reasonable cause and not to willful neglect;
(9) willful understatement of Federal
tax liability, unless such understatement is due to reasonable cause and not to
willful neglect; and
(10) threatening to audit a taxpayer
for the purpose of extracting personal gain or benefit.
(c)
Determination of Commissioner.--
(1) In general.--The Commissioner of Internal Revenue may take a personnel
action other than termination for an act or omission under subsection (a).
(2) Discretion.--The exercise of authority under paragraph (1) shall be at the
sole discretion of the Commissioner of Internal Revenue and may not be delegated
to any other officer. The Commissioner of Internal Revenue, in his sole
discretion, may establish a procedure which will be used to determine whether an
individual should be referred to the Commissioner of Internal Revenue for a
determination by the Commissioner under paragraph (1).
(3) No appeal.--Any determination of the Commissioner of Internal Revenue under
this subsection may not be appealed in any administrative or judicial
proceeding.
(d)
Definition.--For purposes of the provisions described in clauses (i), (ii), and
(iv) of subsection (b)(3)(B), references to a program or activity receiving
Federal financial assistance or an education program or activity receiving
Federal financial assistance shall include any program or activity conducted by
the Internal Revenue Service for a taxpayer.