[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3480 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3480
To address Federal employees and contractors who commit sexual
misconduct.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 13, 2023
Ms. Ernst introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To address Federal employees and contractors who commit sexual
misconduct.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compulsory Requirement to Eliminate
Employees who are Perpetrators of Sexual misconduct Act of 2023'' or
the ``CREEPS Act''.
SEC. 2. SEXUAL MISCONDUCT BY FEDERAL EMPLOYEES AND CONTRACTORS.
(a) Definitions.--In this section--
(1) the term ``becomes final'' means--
(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
action;
(2) the term ``bonus''--
(A) means any bonus or cash award; and
(B) with respect to a Federal employee, includes--
(i) an award under chapter 45 of title 5,
United States Code;
(ii) an award under section 5384 of title
5, United States Code; and
(iii) a retention bonus under section 5754
of title 5, United States Code;
(3) the term ``civil service'' has the meaning given that
term in section 2101 of title 5, United States Code;
(4) the term ``contractor'' includes a subcontractor, at
any tier, of an individual or entity entering into a contract
with the Federal Government;
(5) the term ``Federal employee'' has the meaning given the
term ``employee'' in section 2105 of title 5, United States
Code, without regard to whether the employee is exempted from
the application of some or all of such title 5;
(6) the term ``sexual assault offense'' means a criminal
offense under Federal law or the law of a State that includes
as an element of the offense that the defendant engaged in a
nonconsensual sexual act upon another person;
(7) the term ``sustained complaint involving sexual
assault'' means an administrative or judicial determination
that an employer engaged in an unlawful employment practice
under title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.) which included, as part of the course of conduct
constituting the unlawful employment practice, that an employee
of the employer engaged in a nonconsensual sexual act upon
another person; and
(8) the term ``sustained complaint involving sexual
misconduct'', with respect to an employee, means an
administrative or judicial determination that the employee
engaged in conduct that involved unwelcome sexual advances,
requests for sexual favors, and deliberate or repeated
offensive comments or gestures of a sexual nature, if--
(A)(i) submission to the conduct by a person was
explicitly a term or condition of the person's job,
pay, or career advancement prospects;
(ii) submission to or rejection of the conduct by a
person was represented to have an impact on the
person's job, pay, or career advancement prospects; or
(iii) the conduct had the purpose or effect of
creating an intimidating, hostile, or offensive working
environment; and
(B) the conduct was so severe or pervasive that a
reasonable person would perceive the conduct as
hostile, offensive, and of a sexual nature.
(b) Federal Employees.--
(1) Criminal convictions.--The head of the agency, office,
or other entity employing a Federal employee who is convicted
of a sexual assault offense committed while a Federal employee
shall, after notice and an opportunity for a hearing, remove
the Federal employee from the civil service.
(2) Unlawful employment practices.--
(A) Sexual assault.--During the 5-year period
beginning on the date on which a sustained complaint
involving sexual assault with respect to an agency,
office, or other entity employing Federal employees
becomes final, the head of the agency, office, or other
entity may not increase the rate of basic pay
(including any increase in grade and any within-grade
step increase) of a Federal employee who engaged in a
nonconsensual sexual act upon another person that was
part of the course of conduct constituting the
applicable unlawful employment practice, award such a
Federal employee a bonus, or promote such a Federal
employee.
(B) Sexual misconduct.--During the 5-year period
beginning on the date on which a sustained complaint
involving sexual misconduct with respect to a Federal
employee becomes final, the head of the agency, office,
or other entity employing the Federal employee may not
increase the rate of basic pay (including any increase
in grade and any within-grade step increase) of the
Federal employee, award the Federal employee a bonus,
or promote the Federal employee.
(3) Interaction with other laws.--The authority under this
subsection is in addition to any authority provided to the head
of an agency, office, or other entity employing Federal
employees.
(c) Contractors.--Any contract to procure property or services
entered into or modified by the Federal Government on or after the date
of enactment of this Act shall require that the contractor have in
effect policies that provide that--
(1) the contractor shall, after notice and an opportunity
for a hearing, terminate an employee of the contractor who is
convicted of a sexual assault offense committed while an
employee of the contractor; and
(2) during the 5-year period beginning on the date on
which--
(A) a sustained complaint involving sexual assault
with respect to the contractor becomes final, the
contractor may not increase the rate of basic pay of an
employee of the contractor who engaged in a
nonconsensual sexual act upon another person that was
part of the course of conduct constituting the
applicable unlawful employment practice, award such an
employee a bonus, or promote such an employee; or
(B) a sustained complaint involving sexual
misconduct with respect to an employee of the
contractor becomes final, the contractor may not
increase the rate of basic pay of the employee, award
the employee a bonus, or promote the employee.
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