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S. 191 (117th): FALSE Act

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The text of the bill below is as of Feb 3, 2021 (Introduced). The bill was not enacted into law.

II

117th CONGRESS

1st Session

S. 191

IN THE SENATE OF THE UNITED STATES

February 3, 2021

introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To require the removal of Federal employees who engage in certain actions.

1.

Short title

This Act may be cited as the Federal Actors Lying Should be Eliminated Act or the FALSE Act.

2.

Removal of certain Federal employees

(a)

Definitions

In this section:

(1)

Becomes final

The term becomes final means, with respect to a sustained complaint—

(A)

that—

(i)

there is a final agency action; and

(ii)
(I)

the time for seeking judicial review of the final agency action has lapsed and judicial review has not been sought; or

(II)

judicial review of the final agency action was sought and final judgment has been entered upholding the agency action; or

(B)

that final judgment has been entered in a civil or criminal action.

(2)

Civil service

The term civil service has the meaning given the term in section 2101 of title 5, United States Code.

(3)

Covered employee

The term covered employee means an employee with respect to whom there is a sustained complaint that becomes final.

(4)

Employee

The term employee means an individual occupying a position in the civil service.

(5)

Sustained complaint

The term sustained complaint means an administrative or judicial determination that an employee engaged in any of the following actions:

(A)

The employee violated section 1001 of title 18, United States Code.

(B)

The employee knowingly and willfully—

(i)

violated section 1301(a) of title 31, United States Code; or

(ii)

caused such section 1301(a) to be violated.

(C)

The employee knowingly and willfully entered inaccurate data into the website established under section 2(b) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).

(b)

Removal required

Notwithstanding any other provision of law, the head of an agency, office, or other entity employing a covered employee shall, after notice and an opportunity for a hearing, remove the covered employee.