CREEPS Act

II 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 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 ‘‘Compulsory Require- 4 ment to Eliminate Employees who are Perpetrators of 5 Sexual assault Act of 2019’’ or the ‘‘CREEPS Act’’. 6 SEC. 2. SEXUAL ASSAULT BY FEDERAL EMPLOYEES AND 7 CONTRACTORS. 8 (a) DEFINITIONS.—In this section— 9 (1) the term ‘‘becomes final’’ means— 10 VerDate Sep 11 2014 03:36 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2647.IS S2647 kjohnson on DSK79L0C42 with BILLS 2 •S 2647 IS (A) that— 1 (i) there is a final agency action; and 2 (ii)(I) the time for seeking judicial re- 3 view of the final agency action has lapsed 4 and judicial review has not been sought; or 5 (II) judicial review of the final agency 6 action was sought and final judgment has 7 been entered upholding the agency action; 8 or 9 (B) that final judgment has been entered 10 in a civil action; 11 (2) the term ‘‘bonus’’— 12 (A) means any bonus or cash award; and 13 (B) with respect to a Federal employee, in- 14 cludes— 15 (i) an award under chapter 45 of title 16 5, United States Code; 17 (ii) an award under section 5384 of 18 title 5, United States Code; and 19 (iii) a retention bonus under section 20 5754 of title 5, United States Code; 21 (3) the term ‘‘civil service’’ has the meaning 22 given that term in section 2101 of title 5, United 23 States Code; 24 VerDate Sep 11 2014 03:36 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2647.IS S2647 kjohnson on DSK79L0C42 with BILLS 3 •S 2647 IS (4) the term ‘‘contractor’’ includes a subcon- 1 tractor, at any tier, of an individual or entity enter- 2 ing into a contract with the Federal Government; 3 (5) the term ‘‘Federal employee’’ has the mean- 4 ing given the term ‘‘employee’’ in section 2105 of 5 title 5, United States Code, without regard to 6 whether the employee is exempted from the applica- 7 tion of some or all of such title 5; 8 (6) the term ‘‘sexual assault offense’’ means a 9 criminal offense under Federal law or the law of a 10 State that includes as an element of the offense that 11 the defendant engaged in a nonconsensual sexual act 12 upon another person; and 13 (7) the term ‘‘sustained complaint involving 14 sexual assault’’ means an administrative or judicial 15 determination that an employer engaged in an un- 16 lawful employment practice under title VII of the 17 Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) 18 which included, as part of the course of conduct con- 19 stituting the unlawful employment practice, that an 20 employee of the employer engaged in a nonconsen- 21 sual sexual act upon another person. 22 (b) FEDERAL EMPLOYEES.— 23 (1) CRIMINAL CONVICTIONS.—The head of the 24 agency, office, or other entity employing a Federal 25 VerDate Sep 11 2014 03:36 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2647.IS S2647 kjohnson on DSK79L0C42 with BILLS 4 •S 2647 IS employee who is convicted of a sexual assault offense 1 committed while a Federal employee shall, after no- 2 tice and an opportunity for a hearing, remove the 3 Federal employee from the civil service. 4 (2) UNLAWFUL EMPLOYMENT PRACTICES.— 5 During the 5-year period beginning on the date on 6 which a sustained complaint involving sexual assault 7 with respect to an agency, office, or other entity em- 8 ploying Federal employees becomes final, the head of 9 the agency, office, or other entity may not increase 10 the rate of basic pay (including any increase in 11 grade and any within-grade step increase) of a Fed- 12 eral employee who engaged in a nonconsensual sex- 13 ual act upon another person that was part of the 14 course of conduct constituting the applicable unlaw- 15 ful employment practice, award such a Federal em- 16 ployee a bonus, or promote such a Federal employee. 17 (3) INTERACTION WITH OTHER LAWS.—The au- 18 thority under this subsection is in addition to any 19 authority provided to the head of an agency, office, 20 or other entity employing Federal employees. 21 (c) CONTRACTORS.—Any contract to procure prop- 22 erty or services entered into or modified by the Federal 23 Government on or after the date of enactment of this Act 24 VerDate Sep 11 2014 03:36 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2647.IS S2647 kjohnson on DSK79L0C42 with BILLS 5 •S 2647 IS shall require that the contractor have in effect policies that 1 require that— 2 (1) the contractor shall, after notice and an op- 3 portunity for a hearing, terminate an employee of 4 the contractor who is convicted of a sexual assault 5 offense committed while an employee of the con- 6 tractor; and 7 (2) during the 5-year period beginning on the 8 date on which a sustained complaint involving sexual 9 assault with respect to the contractor becomes final, 10 the contractor may not increase the rate of basic pay 11 of an employee of the contractor who engaged in a 12 nonconsensual sexual act upon another person that 13 was part of the course of conduct constituting the 14 applicable unlawful employment practice, award such 15 an employee a bonus, or promote such an employee. 16 Æ VerDate Sep 11 2014 03:36 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S2647.IS S2647 kjohnson on DSK79L0C42 with BILLS