To prohibit the use of funds for any Federal contract with Halliburton Company, KBR, Inc., any of their subsidiaries or affiliates, or any other contracting party if such contractor or a subcontractor at any tier under such contract requires that employees or independent contractors sign mandatory arbitration clauses regarding certain claims.

SA 2588. Mr. FRANKEN (for himself and Ms. Landrieu) submitted an
amendment intended to be proposed by him to the bill H.R. 3326, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2010, and for other purposes; as follows:

On page 245, between lines 8 and 9, insert the following:
Sec. 8104. (a) None of the funds appropriated or otherwise
made available by this Act may be used for any existing or
new Federal contract if the contractor or a subcontractor at
any tier requires that an employee or independent contractor,
as a condition of employment, sign a contract that mandates
that the employee or independent contractor performing work
under the contract or subcontract resolve through arbitration
any claim under title VII of the Civil Rights Act of 1964 or
any tort related to or arising out of sexual assault or
harassment, including assault and battery, intentional
infliction of emotional distress, false imprisonment, or
negligent hiring, supervision, or retention.

[[Page S10070]]

(b) The prohibition in subsection (a) does not apply with
respect to employment contracts that may not be enforced in a
court of the United States.
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