[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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