S.Amdt. 988

SA 988. Ms. ERNST submitted an amendment intended to be proposed to
amendment SA 948 proposed by Mr. Shelby to the bill H.R. 3055, making
appropriations for the Departments of Commerce and Justice, Science,
and Related Agencies for the fiscal year ending September 30, 2020, and
for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in division A, insert the
following:
Sec. ___. (a) In this section--
(1) 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;
(2) 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
(3) 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.) that 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) None of the funds made available by this Act may be
used to pay the basic pay, or to increase the basic pay, of a
Federal employee who--
(1) has been convicted of a sexual assault offense; or
(2) is the individual who engaged in a nonconsensual sexual
act upon another person that was part of the course of
conduct constituting the applicable unlawful employment
practice in a sustained complaint involving sexual assault
that has become final.
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