,,ii  #aadth ,,congress  #ast ,session  
,s4 #heb  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #bd1         
#bjae,mr4 ,vitter introduced the        
following bill2 which was read twice and
 referred to the ,committee on ,health1 
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to provide that                
employment-related arbitration          
agreements shall not be enforceable with
 respect to any claim related to a tort 
arising out of rape4  #a4 ,short title  
,this ,act may be cited as ,a ,voice for
 ,victims ,act of #bjae4  #b4 ,findings2
 purpose  7a7 ,findings ,congress finds 
the following3  7#a7 ,federal law has   
long held that workplace disputes may be
 the subject of valid agreements to     
arbitrate unless ,congress has evinced  
an intention to preclude such agreements
 for the disputes at issue4 7,see       
,gilmer v4 ,interstate_/,johnson ,lane  
,corp41 #ejj ,u4,s4 #bj1 #bf 7#aiia774  
7#b7 ,it is the intent of ,congress that
 employees not be compelled by an       

employer to arbitrate any claim related 
to a tort arising out of rape4  7b7     
,purpose ,the purpose of this ,act is to
 evidence the intent of ,congress to    
preclude an employer from enforcing an  
agreement to arbitrate any claim related
 to a tort arising out of rape4  #c4    
,arbitration of certain controversies   
7a7 ,in general ,notwithstanding any    
other provision of law1 any agreement   
made between an employer and an employee
 to arbitrate a dispute shall not be    
enforceable with respect to any claim   
related to a tort arising out of rape4  
7b7 ,rule of construction ,this ,act    
shall not be construed to limit1 in any 
way1 the broad construction given to the
 scope of employment under any ,federal 
or ,state workers' compensation law4    
7c7 ,definitions ,in this section3  7#a7
 ,commerce ,the term commerce means     
trade1 traffic1 commerce1               
transportation1 transmission1 or        
communication--  7,a7 among the several 
,states2  7,b7 between a ,state and any 

place outside thereof2  7,c7 within the 
,district of ,columbia or a possession  
of the ,united ,states2 or  7,d7 between
 points in the same ,state but through a
 point outside thereof4  7#b7 ,industry 
affecting commerce ,the term industry   
affecting commerce--  7,a7 means any    
activity1 business1 or industry in      
commerce or in which a labor dispute    
would hinder or obstruct commerce or the
 free flow of commerce2  7,b7 includes  
any activity or industry affecting      
commerce1 within the meaning of the     
,labor-,management ,reporting and       
,disclosure ,act of #aiei 7#bi ,u4,s4,c4
 #dja et seq472 and  7,c7 includes any  
governmental industry1 business1 or     
activity4  7#c7 ,employer ,the term     
employer means a person engaged in an   
industry affecting commerce who has #ae 
or more employees for each working day  
in each of #bj or more calendar weeks in
 the current or preceding calendar year1
 and any agent of such a person1 but    
such term does not include--  7,a7 the  

,united ,states1 a corporation wholly   
owned by the ,government of the ,united 
,states1 or any department or agency of 
the ,district of ,columbia subject by   
statute to procedures of the competitive
 service 7as defined in section #bajb of
 title #e1 ,united ,states ,code72 or   
7,b7 a bona fide private membership club
 7other than a labor organization7 which
 is exempt from taxation under section  
#eja7;c7 of the ,internal ,revenue ,code
 of #aihf4  7#d7 ,employee ,the term    
employee means an individual employed by
 an employer1 except that the term      
employee shall not include any person   
elected to public office in any ,state  
or political subdivision of any ,state  
by the qualified voters thereof1 or any 
person chosen by such officer to be on  
such officer's personal staff1 or an    
appointee on the policy making level or 
an immediate adviser with respect to the
 exercise of the constitutional or legal
 powers of the office4 ,the exemption   
set forth in the preceding sentence     

shall not include employees subject to  
the civil service laws of a ,state      
government1 governmental agency or      
political subdivision4 ,with respect to 
employment in a foreign country1 such   
term includes an individual who is a    
citizen of the ,united ,states4