[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2647 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2647

To address Federal employees and contractors who commit sexual assault.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 17, 2019

 Ms. Ernst (for herself and Mr. Cramer) 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 assault.

    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 assault Act of 2019'' or the 
``CREEPS Act''.

SEC. 2. SEXUAL ASSAULT 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; and
            (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.
    (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.--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.
            (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 require 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 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.
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