One bill remains outstanding as a part of the final appropriations process for FY 2010 - the Department of Defense (DOD) appropriation - the bill to which the Franken Amendment was attached. The Franken Amendment would prohibit the award of DOD funds to any Federal contractor that forces its employees or independent contractors to submit to pre-dispute binding arbitration of Title VII and sexual-assault tort claims.
On Wednesday, December 16, 2009, very significant progress on DOD Appropriations - and on the Franken Amendment - was made. Most important, a somewhat revised Franken Amendment was included, as Section 8116, in the bill that emerged from the Conference Committee. The House has passed the conferenced bill, along with amendments relating to short-term extensions of unrelated bills. The bill is currently before the Senate for final action. It is expected that the Senate will concur with the House version.