FALSE Act

II 117TH CONGRESS 1ST SESSION S. 191 To require the removal of Federal employees who engage in certain actions. IN THE SENATE OF THE UNITED STATES FEBRUARY 3, 2021 Ms. ERNST 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Federal Actors Lying 4 Should be Eliminated Act’’ or the ‘‘FALSE Act’’. 5 SEC. 2. REMOVAL OF CERTAIN FEDERAL EMPLOYEES. 6 (a) DEFINITIONS.—In this section: 7 (1) BECOMES FINAL.—The term ‘‘becomes 8 final’’ means, with respect to a sustained com- 9 plaint— 10 (A) that— 11 VerDate Sep 11 2014 05:33 Feb 16, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S191.IS S191 kjohnson on DSK79L0C42PROD with BILLS 2 •S 191 IS (i) there is a final agency action; and 1 (ii)(I) the time for seeking judicial re- 2 view of the final agency action has lapsed 3 and judicial review has not been sought; or 4 (II) judicial review of the final agency 5 action was sought and final judgment has 6 been entered upholding the agency action; 7 or 8 (B) that final judgment has been entered 9 in a civil or criminal action. 10 (2) CIVIL SERVICE.—The term ‘‘civil service’’ 11 has the meaning given the term in section 2101 of 12 title 5, United States Code. 13 (3) COVERED EMPLOYEE.—The term ‘‘covered 14 employee’’ means an employee with respect to whom 15 there is a sustained complaint that becomes final. 16 (4) EMPLOYEE.—The term ‘‘employee’’ means 17 an individual occupying a position in the civil serv- 18 ice. 19 (5) SUSTAINED COMPLAINT.—The term ‘‘sus- 20 tained complaint’’ means an administrative or judi- 21 cial determination that an employee engaged in any 22 of the following actions: 23 (A) The employee violated section 1001 of 24 title 18, United States Code. 25 VerDate Sep 11 2014 05:33 Feb 16, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S191.IS S191 kjohnson on DSK79L0C42PROD with BILLS 3 •S 191 IS (B) The employee knowingly and will- 1 fully— 2 (i) violated section 1301(a) of title 31, 3 United States Code; or 4 (ii) caused such section 1301(a) to be 5 violated. 6 (C) The employee knowingly and willfully 7 entered inaccurate data into the website estab- 8 lished under section 2(b) of the Federal Fund- 9 ing Accountability and Transparency Act of 10 2006 (31 U.S.C. 6101 note). 11 (b) REMOVAL REQUIRED.—Notwithstanding any 12 other provision of law, the head of an agency, office, or 13 other entity employing a covered employee shall, after no- 14 tice and an opportunity for a hearing, remove the covered 15 employee. 16 Æ VerDate Sep 11 2014 05:33 Feb 16, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S191.IS S191 kjohnson on DSK79L0C42PROD with BILLS