On October 1, 2009, Minnesota Senator Al Franken proposed an amendment to add to the appropriations bill for the Department of Defense. That amendment reads:

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.

This amendment arose after reports from news media of a woman who had been contracted to work for Halliburton/KBR was drugged and gang-raped by co-workers while working in Iraq. She was then locked in a shipping container for over 24 hours to prevent her from reporting the attack.

Thus far no criminal charges have been brought against the alleged attackers by either the Iraqi government, which is limited in prosecuting foreign contractors, or by the Department of Justice.

When the woman attempted to sue KBR in a civil lawsuit, the company's lawyers argued that she could not sue in open court because of a clause in the contract she signed when was hired on. The lawyers said that in accordance with her contract the matter should be handled by private arbitration.

On October 6, 2009, the full Senate voted on adding the amendment to the bill and it passed by a vote of 68 for and 30 against, with 2 Senators not voting. One of the Senators voting against the bill was Nebraska Senator Mike Johanns.

We contacted Sen. Johanns' office for a comment. They sent us the following points:

• The Senator has always been a strong supporter of stricter penalties for violent crimes, including sexual assault, and worked hard to increase services for victims as both Mayor and Governor.

• Senator Johanns strongly supports targeted responses to ensure violent crimes overseas are prosecuted to the fullest extent of the law, which this amendment failed to do.

• The Franken Amendment doesn't strengthen federal laws to protect Americans from violence. Instead, it bans contractors who have dispute resolution agreements with their employees from doing business with the Department of Defense. Unfortunately, this measure would prohibit a useful and efficient method for workers to have their grievances addressed.

• It is incorrect that this amendment would have helped (the victim),* a victim referenced in the amendment. The facts surrounding her case were found to be outside of her employment agreement and the 5th Circuit ruled that (the victim)* will be permitted to have her day in court. Thus, this amendment simply missed the mark.

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*I have altered the text of this statement slightly. The original statement sent to NTV identifies the woman referenced in this story by name. It is NTV's policy not to release of the name of a victim of any sexual crime.