[Congressional Record Volume 165, Number 168 (Wednesday, October 23, 2019)]
[Senate]
[Page S6109]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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