[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2133 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2133

    To amend title VII of the Civil Rights Act of 1964 and the Age 
 Discrimination in Employment Act of 1967 to improve the effectiveness 
 of administrative review of employment discriminations claims made by 
               Federal employees; and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 1995

     Mr. Martinez (for himself, Ms. Norton, Mr. Clay, Mr. Frank of 
    Massachusetts, Mr. Mineta, Mr. Wynn, Mr. Rush, and Mr. Jacobs) 
 introduced the following bill; which was referred to the Committee on 
 Government Reform and Oversight, and in addition to the Committee on 
Economic and Educational Opportunities, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend title VII of the Civil Rights Act of 1964 and the Age 
 Discrimination in Employment Act of 1967 to improve the effectiveness 
 of administrative review of employment discriminations claims made by 
               Federal employees; and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Employee Fairness Act of 
1995''.

SEC. 2. AMENDMENTS RELATING TO ADMINISTRATIVE DETERMINATION OF FEDERAL 
              EMPLOYEE DISCRIMINATION CLAIMS.

    (a) Definitions.--Section 701 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e) is amended--
            (1) in paragraph (f) by striking ``The term'' and inserting 
        ``Except when it appears as part of the term `Federal 
        employee', the term'', and
            (2) by adding at the end the following:
    ``(o) The term `administrative judge' includes an administrative 
law judge appointed under section 3105 of title 5 of the United States 
Code.
    ``(p) The term `Commission' means the Equal Employment Opportunity 
Commission.
    ``(q) The term `entity of the Federal Government' means an entity 
to which section 717(a) applies, except that such term does not include 
the Library of Congress.
    ``(r) The term `Federal employee' means an individual employed by, 
or who applies for employment with, an entity of the Federal 
Government.
    ``(s) The term `Federal employment' means employment by an entity 
of the Federal Government.
    ``(t) The terms `government', `government agency', and `political 
subdivision' do not include an entity of the Federal Government.''.
    (b) EEOC Determination of Federal Employment Discrimination 
Claims.--Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16) is amended--
            (1) in subsection (b)--
                    (A) by inserting ``(1)'' after ``(b)'',
                    (B) in the second sentence--
                            (i) by redesignating paragraphs (1), (2), 
                        and (3), as subparagraphs (A), (B), and (C), 
                        respectively,
                            (ii) in the subparagraph (B), as so 
                        redesignated, by striking ``and'' at the end,
                            (iii) in subparagraph (C), as so 
                        redesignated, by striking the period at the end 
                        and inserting ``; and'', and
                            (iv) by inserting after subparagraph (C), 
                        as so redesignated, the following:
            ``(D) require each entity of the Federal Government--
                    ``(i) to make counseling available to Federal 
                employees who believe such entity has discriminated 
                against them in violation of this section, for the 
                purpose of trying to resolve the matters with respect 
                to which such discrimination is alleged (Such entity 
                shall assist such employee to identify the respondent 
                required by subsection (c)(1) to be named in a 
                complaint alleging such violation, shall inform such 
                Federal employee individually of the procedures and 
                deadlines that apply under this section to a claim 
                alleging such discrimination, and shall make such 
                counseling available throughout the administrative 
                process.);
                    ``(ii) to establish a voluntary alternative dispute 
                resolution process to resolve complaints, except that a 
                Federal employee's decision to forgo such process shall 
                not affect the rights of such employee under this 
                title;
                    ``(iii) not to discourage Federal employees from 
                filing complaints on any matter relating to 
                discrimination in violation of this section;
                    ``(iv) not to require Federal employees to 
                participate in conciliation made available under 
                subsection (c)(1)(A)(ii) unless such entity has an 
                alternative dispute resolution process approved by the 
                Commission as described in such subsection; and
                    ``(v) not to require Federal employees to 
                participate in a dispute resolution process made 
                available under clause (ii).
    ``(2)(A) A Federal employee who believes that an entity of the 
Federal Government has discriminated against such employee in violation 
of this section, to whom subsection (c)(1)(A)(ii) applies, who has 
requested such entity to provide the conciliation described in 
subsection (c)(1)(A)(ii), and who is the subject of, or about to be the 
subject of, a personnel action to be taken against such employee as a 
result of expressing that belief or requesting such conciliation may 
file with the Commission a request for a stay of such personnel action, 
together with an affidavit made by such employee in support of such 
request.
    ``(B) Immediately after receiving such request so supported, the 
Commission shall appoint an administrative judge to review such 
request. Subsection (f)(3) shall apply with respect to such review and 
to the issuance of a stay requested under subparagraph (A).''.
                    (C) in the third sentence by striking ``The'' and 
                inserting the following:
    ``(3) The'',
                    (D) in the fourth sentence by redesignating 
                paragraphs (1) and (2) as subparagraphs (A) and (B), 
                respectively,
                    (E) in the last sentence by striking ``With'' and 
                inserting the following:
    ``(4) With'', and
                    (F) by adding at the end the following:
    ``(4)(A) Subject to subparagraph (B), an unlawful employment 
practice of the kind described in section 704(a) is established under 
this section if an employee or applicant for employment demonstrates 
that his opposing any practice made an unlawful employment practice by 
this title, his making a charge, testifying, assisting, or 
participating in any manner in an investigation, proceeding, or hearing 
under this title, or his communicating with the Congress regarding 
discrimination in violation of this section was a contributing factor 
in an adverse personnel action that was taken or is to be taken against 
such employee or applicant.
    ``(B) On a claim in which a Federal employee proves a violation 
under subparagraph (A) and a respondent demonstrates, on the basis of 
the evidentiary standard specified in section 1221(e)(2) of title 5 of 
the United States Code, that the respondent would have take the same 
personnel action in the absence of the impermissible motivating factor, 
the court--
            ``(i) may grant declaratory relief, injunctive relief 
        (except as provided in clause (ii)), and attorney's fees and 
        costs demonstrated to be directly attributable only to the 
        pursuit of a claim under subparagraph (A); and
            ``(ii) shall not award damages or issue an order requiring 
        any admission, reinstatement, hiring, promotion, or payment not 
        described in clause (i).'',
            (2) by striking subsection (c),
            (3) in subsection (d)--
                    (A) by inserting ``(1)'' after ``(d)'',
                    (B) by striking ``(k)'' and inserting ``(j)'',
                    (C) by striking ``brought hereunder'' and inserting 
                ``commenced under this section'', and
                    (D) by adding at the end the following:
    ``(2) The head of the department, agency, or unit in which 
discrimination in violation of this section is alleged to have occurred 
shall be the defendant in a civil action alleging such violation. If a 
department, unit, or agency is named as the defendant, the court shall 
freely grant leave to amend the complaint to name the head of such 
department, agency, or unit.
    ``(3)(A) In any action or proceeding under this section, the court, 
in its discretion, may allow the prevailing party (other than an entity 
of the Federal Government) a reasonable attorney's fee (including 
expert fees) and costs as a court has authority to award under section 
706(k), as amended from time to time, and the same interest to 
compensate for delay in payment as in cases involving nonpublic 
parties.
    ``(B) If an action brought under this section by or on behalf a 
Federal employee is found by the court to be unreasonable, groundless, 
or vexatious, the court, in its discretion, may allow the respondent a 
reasonable attorney's fee (including expert fees), costs, and interest 
as a court has authority to award in an action to a prevailing party 
under subparagraph (A).'',
            (4) by redesignating subsections (d) and (e) as subsections 
        (o) and (p), respectively, and
            (5) by inserting after subsection (b) the following:
    ``(c)(1)(A) Except as provided in subparagraphs (B), (C), (D), and 
(E), a complaint filed by or on behalf of a Federal employee or a class 
of Federal employees and alleging a claim of discrimination arising 
under this section shall name as the respondent, and be filed with, the 
head of the department, agency, or unit in which such discrimination is 
alleged to have occurred, or with the Commission--
            ``(i) not later than 180 days after the alleged 
        discrimination occurs, except as provided in clause (ii); and
            ``(ii) in the case of a respondent that provides to such 
        employee a voluntary alternative dispute resolution process 
        approved by the Commission in accordance with rules issued by 
        the Commission under section 6(a)(4) of the Federal Employee 
        Fairness Act of 1995, after the expiration of the 20-day period 
        beginning on the date the Federal employee specifically named 
        in the complaint (or an individual authorized to represent such 
        Federal employee or both) requests and offers to meet once with 
        an individual authorized to represent the respondent in 
        accordance with subparagraph (B) to engage in the precomplaint 
        conciliation approved under such section by the Commission to 
        be provided by the respondent, except that such 20-day period 
        shall be excluded for purposes calculating such 180 days.
    ``(B) For purposes of subparagraph (A)(ii)--
            ``(i) conciliation shall occur during the regular working 
        hours of such Federal employee; and
            ``(ii) an individual may not be authorized to represent the 
        respondent if such individual--
                    ``(I) has or has had any involvement in the 
                circumstances relating to any of such claims; or
                    ``(II) has or has had supervisory authority over 
                such Federal employee.
    ``(C) If, not later than 180 days (determined under subparagraph 
(A)) after the alleged discrimination occurs, the complaint is filed--
            ``(i) with such department, agency, or unit and fails to 
        name the head of the department, agency, or unit as the 
        respondent; or
            ``(ii) except as provided in subparagraph (E), with any 
        other entity of the Federal Government, regardless of the 
        respondent named;
the complaint shall be considered to be filed in compliance with 
subparagraph (A).
    ``(D) A complaint filed under this section with respect to a claim 
of discrimination arising under this section shall be dismissed if--
            ``(i) such claim is a grievance that is subject to section 
        7121 of title 5, United States Code; and
            ``(ii) the aggrieved Federal employee has, in the 
        discretion of the Federal employee, exercised the option under 
        section 7121(d) of such title to raise the matter under the 
        negotiated grievance procedure before filing the complaint.
    ``(E) A complaint filed by or on behalf of a Federal employee, or a 
class of Federal employees, employed by a department, agency, or unit 
in the intelligence community (as defined by Executive Order 12333 or 
any successor to such order) and alleging a claim of discrimination 
arising under this section shall be filed with the department, agency, 
or unit in which such discrimination is alleged to have occurred not 
later than 180 days (determined under subparagraph (A)) after the 
alleged discrimination occurs.
    ``(2) If the complaint is filed with an entity of the Federal 
Government other than the department, agency, or unit in which such 
discrimination is alleged to have occurred, then--
            ``(A) such entity (other than the Commission) shall 
        transmit the complaint to the Commission, not later than 10 
        days after receiving the complaint; and
            ``(B) the Commission shall transmit a copy of the 
        complaint, not later than 10 days after receiving the 
        complaint, to the head of the department, agency, or unit in 
        which such discrimination is alleged to have occurred 
        (hereinafter in this section referred to as the `respondent').
    ``(3) Not later than 10 days after the respondent receives the 
complaint from a source other than the Commission, the respondent shall 
transmit to the Commission a copy of the complaint.
    ``(d) Throughout the period beginning on the date the respondent 
receives the complaint and ending on the latest date by which all 
administrative and judicial proceedings available under this section 
have been concluded with respect to such claim, the respondent shall 
collect and preserve documents and information (including the 
complaint) that are relevant to such claim, including the documents and 
information that comply with rules issued by the Commission.
    ``(e)(1) The respondent shall make reasonable efforts to conciliate 
each claim alleged in the complaint beginning on the date the complaint 
is filed under subsection (c). After the complaint is filed, the 
respondent shall promptly inform such Federal employee individually of 
the procedures and deadlines that apply under this section to a claim 
alleging such discrimination.
    ``(2)(A) With respect to such claim, the respondent may enter into 
a settlement agreement with such Federal employee.
    ``(B) The entity of the Federal Government with which the complaint 
is filed under subsection (c) shall immediately give formal written 
notice to such Federal employee that such Federal employee may either--
            ``(i) before the expiration of the 90-day period beginning 
        on the date such Federal employee receives such notice, file 
        with the Commission--
                    ``(I) a written request for a determination of such 
                claim under subsection (f) by an administrative judge 
                of the Commission, together with, at the option of such 
                Federal employee, a request that the administrative 
                judge request a stay described in subsection (f)(3)(A);
                    ``(II) if such claim alleges discrimination in the 
                Commission or alleges an action appealable to the Merit 
                Systems Protection Board, a written request electing 
                that a determination of such claim be made under the 
                procedures specified in either subparagraph (A) or (B) 
                of section 7702(a)(2) of title 5, United States Code, 
                or a request described in subclause (I); or
                    ``(III) if such claim alleges a grievance that is 
                subject to section 7121 of title 5, United States Code, 
                but not appealable to the Merit Systems Protection 
                Board, a written request to raise such claim under the 
                administrative and judicial procedures provided in such 
                section 7121 or a request described in subclause (I); 
                or
            ``(ii) in the 90-day period beginning on the date the 
        complaint is filed under subsection (c) or in the 90-day period 
        beginning on the date such Federal employee receives such 
        notice (whichever 90-day period begins later), commence a civil 
        action in an appropriate district court of the United States 
        for de novo review of such claim.
    ``(3)(A) Such Federal employee may either--
            ``(i) file a written request described in clause (i) of 
        paragraph (2)(B) at any time before the expiration of the 90-
        day period specified in clause (i) of such paragraph; or
            ``(ii) commence a civil action described in clause (ii) of 
        such paragraph before the expiration of the applicable 90-day 
        period specified in paragraph (2)(B)(ii).
    ``(B) If such Federal employee files a written request under 
subclause (II) or (III) of paragraph (2)(B)(i) and in accordance with 
subparagraph (A)(i), the Commission shall transmit the complaint, not 
later than 10 days after the Commission receives the complaint, to the 
appropriate agency for determination.
    ``(f)(1) If such Federal employee files a written request under 
subsection (e)(2)(B)(i)(I) and in accordance with subsection (e)(3)(A) 
with the Commission for a determination under this subsection of a 
claim with respect to which notice is required by subsection (e)(2), 
then the Commission shall transmit a copy of such request to the 
respondent and, not later than 10 days after receiving such request, 
shall appoint an administrative judge of the Commission to determine 
such claim. If such request includes a request for a stay described in 
paragraph (3)(A), then the Commission shall appoint an administrative 
judge immediately after receiving such request.
    ``(2) Not later than 5 days after receiving a copy of a request 
under subsection (e)(2)(B)(i), the respondent shall transmit--
            ``(A) to the Commission if such request is for a 
        determination under this subsection; or
            ``(B) to the Merit Systems Protection Board if such request 
        is for a determination be made under the procedures specified 
        in section 7702(a)(2)(A) of title 5, United States Code;
a copy of all documents and information collected by the respondent 
under subsection (d) with respect to such claim.
    ``(3)(A) The administrative judge, in accordance with rules issued 
by the Commission, may request any member of the Commission to order a 
stay of any personnel action for 45 days if the administrative judge 
determines that there are reasonable grounds to believe that the 
personnel action was taken for discriminatory or retaliatory reasons 
prohibited under this section.
    ``(B)(i) Any member of the Commission requested under subparagraph 
(A) to order a stay shall order such stay unless the member determines 
that, under the facts and circumstances involved, such a stay does not 
comply with such rules or otherwise would not be appropriate.
    ``(ii) Unless denied under clause (i), any stay requested under 
subparagraph (A) shall be deemed to be ordered on the third calendar 
day (excluding Saturdays, Sundays, and legal holidays) after the date 
of the request.
    ``(C) If a stay is ordered under subparagraph (B), the member who 
received the request for such stay may terminate such stay at any time 
after giving notice, and an opportunity for oral or written comments, 
to the aggrieved Federal employee on whose behalf such stay was 
ordered.
    ``(D)(i) The Commission may extend the period of any stay granted 
under subparagraph (B) for any period that the Commission considers 
appropriate.
    ``(ii) Members of the Commission shall allow any entity of the 
Federal Government that would be subject to a stay, or to the extension 
of a stay, to comment to such members and the Commission on the request 
for such stay and on a request for such extension.
    ``(iii) The respondent shall comply with a stay in effect under 
this section.
    ``(4) The administrative judge shall determine whether the 
documents and information received under paragraph (2) comply with 
subsection (d) and are complete and accurate. If the administrative 
judge finds that the respondent has failed to produce the documents and 
information necessary to comply with such subsection, the 
administrative judge shall, in the absence of good cause shown by the 
respondent, impose any of the sanctions specified in paragraph (6)(C) 
and shall require the respondent--
            ``(A) to obtain any additional documents and information 
        necessary to comply with such subsection; and
            ``(B) to correct any inaccuracy in the documents and 
        information so received.
    ``(5)(A) After examining the documents and information received 
under paragraph (4), the administrative judge shall issue an order 
dismissing--
            ``(i) any frivolous claim alleged in the complaint;
            ``(ii) any claim of a Federal employee who fails to comply 
        with subsection (c)(1)(A)(ii) if applicable to such employee; 
        and
            ``(iii) the complaint if it fails to state a nonfrivolous 
        claim for which relief may be granted under this section.
    ``(B)(i) If a claim or the complaint is dismissed under 
subparagraph (A), the administrative judge shall give formal written 
notice to the aggrieved Federal employee that such Federal employee 
may, before the expiration of the 90-day period beginning on the date 
such Federal employee receives such notice--
            ``(I) file with the Commission a written request for 
        appellate review of such order; or
            ``(II) commence a civil action in an appropriate district 
        court of the United States for de novo review of such claim or 
        the complaint.
    ``(ii) Such Federal employee may commence such civil action after 
the dismissal of such claim or the complaint and before the expiration 
of the 90-day period specified in clause (i).
    ``(6)(A)(i) If the complaint is not dismissed under paragraph 
(5)(A), the administrative judge shall make a determination, after an 
opportunity for a hearing, on the merits of each claim that is not 
dismissed under such paragraph. The administrative judge shall make a 
determination on the merits of any other nonfrivolous claim under this 
section, and on the merits of any action such Federal employee may 
appeal to the Merit Systems Protection Board, reasonably expected to 
arise from the facts on which the complaint is based.
    ``(ii) On the request of the aggrieved Federal employee, the 
administrative judge shall--
            ``(I) determine whether the administrative proceeding with 
        respect to such claim may be maintained as a class proceeding; 
        and
            ``(II) if the administrative proceeding may be so 
        maintained, shall describe those whom the administrative judge 
        finds to be members of such class.
    ``(B) With respect to such claim, a party may conduct discovery by 
such means as may be available in a civil action to the extent deemed 
appropriate by the administrative judge.
    ``(C) If the aggrieved Federal employee or the respondent fails 
without good cause to respond fully and in a timely fashion to a 
request made or approved by the administrative judge for information or 
the attendance of a witness, and if such information or such witness is 
solely in the control of the party who so fails to respond, then the 
administrative judge shall--
            ``(i) draw an adverse inference that the requested 
        information, or the testimony of the requested witness, would 
        have reflected unfavorably on the party who so fails to 
        respond;
            ``(ii) consider the matters to which such information or 
        such testimony pertains to be established in favor of the 
        opposing party;
            ``(iii) exclude other evidence offered by the party who so 
        fails to respond;
            ``(iv) grant full or partial relief, including--
                    ``(I) relief of the kinds described in section 
                706(g); and
                    ``(II) compensatory damages for unlawful 
                intentional discrimination (not an employment practice 
                that is unlawful because of its disparate impact) 
                prohibited under this section, subject to the 
                limitations specified in section 1977A(b)(3) of the 
                Revised Statutes of the United States;
        to the aggrieved Federal employee; or
            ``(v) take such other action the administrative judge 
        considers to be appropriate.
    ``(D) In a hearing on a claim, the administrative judge shall--
            ``(i) limit attendance to persons who have a direct 
        connection with such claim;
            ``(ii) bring out pertinent facts and relevant employment 
        practices and policies, and ensure that the record is developed 
        for a full and fair determination of such claim, but exclude 
        irrelevant or unduly repetitious information;
            ``(iii) permit all parties to examine and cross examine 
        witnesses; and
            ``(iv) require that testimony be given under oath or 
        affirmation.
    ``(E) At the request of any party or the administrative judge, a 
transcript of all or part of such hearing shall be provided in a timely 
manner and simultaneously to the parties and the Commission. The 
respondent shall bear the cost of providing such transcript.
    ``(F) The administrative judge shall have authority--
            ``(i) to administer oaths and affirmations;
            ``(ii) to regulate the course of hearings;
            ``(iii) to rule on offers of proof and receive evidence;
            ``(iv) to issue subpoenas to compel--
                    ``(I) the production of documents or information by 
                the entity of the Federal Government in which 
                discrimination is alleged to have occurred; and
                    ``(II) the attendance of witnesses who are Federal 
                officers or employees of such entity;
            ``(v) to request the Commission to issue subpoenas to 
        compel the production of documents or information by any other 
        entity of the Federal Government or by the aggrieved Federal 
        employee, and the attendance of other witnesses, except that 
        any witness who is not an officer or employee of an entity of 
        the Federal Government may be compelled only to attend any 
        place--
                    ``(I) less than 100 miles from the place where such 
                witness resides, is employed, transacts business in 
                person, or is served; or
                    ``(II) at such other convenient place as is fixed 
                by the administrative judge;
        and shall be paid fees and allowances, by the party that 
        requests the subpoena, to the same extent that fees and 
        allowances are paid to witnesses under chapter 119 of title 28, 
        United States Code, as amended from time to time;
            ``(vi) to exclude witnesses whose testimony would be unduly 
        repetitious;
            ``(vii) to exclude any person from a hearing for 
        contumacious conduct, or for misbehavior, that obstructs such 
        hearing; and
            ``(viii) to grant full or partial relief, including--
                    ``(I) relief of the kinds described in section 
                706(g); and
                    ``(II) compensatory damages for unlawful 
                intentional discrimination (not an employment practice 
                that is unlawful because of its disparate impact) 
                prohibited under this section, subject to the 
                limitations specified in section 1977A(b)(3) of the 
                Revised Statutes of the United States.
    ``(G) The administrative judge and the Commission shall have 
authority to award to a prevailing party (other than an entity of the 
Federal Government)--
            ``(i) a reasonable attorney's fee (including expert fees) 
        and costs as a court has authority to award under section 
        706(k), as amended from time to time; and
            ``(ii) the same interest to compensate for delay in payment 
        as in cases involving nonpublic parties.
    ``(H) The Commission shall have authority to issue subpoenas 
described in subparagraph (F)(v).
    ``(I) In the case of contumacy or failure to obey a subpoena issued 
under subparagraph (F) or (H), the United States district court for the 
judicial district in which the person to whom the subpoena is addressed 
resides or is served may issue an order requiring such person to appear 
at any designated place to testify or to produce documentary or other 
evidence.
    ``(7)(A) Except as provided in subparagraph (B), the administrative 
judge shall issue a written order making
 the determination required by paragraph (6)(A), and granting or 
denying relief, not later than--
            ``(i)(I) 300 days after the complaint containing such claim 
        is filed by or on behalf of a Federal employee if such 
        complaint is filed in the 1-year period beginning on the 
        effective date of this subsection.
            ``(II) except as provided in subclause (I), 210 days after 
        the complaint containing such claim is filed by or on behalf of 
        a Federal employee; or
            ``(ii) 2 years and 30 days after the complaint containing 
        such claim is filed on behalf of a class of Federal employees;
except that these time periods shall be extended for 30 days if the 
administrative judge certifies, in writing, that such 30-day period is 
needed to secure additional documents or information from the 
respondent to have a complete administrative record.
    ``(B) The administrative judge shall issue such order not later 
than 30 days after the applicable period specified in subparagraph (A) 
if the administrative judge certifies in writing, before the expiration 
of such applicable period--
            ``(i) that such 30-day period is necessary to make such 
        determination; and
            ``(ii) the particular and unusual circumstances that 
        prevent the administrative judge from complying with the 
        applicable period specified in subparagraph (A).
    ``(C) The administrative judge may apply to the Commission to 
extend any period applicable under subparagraph (A) or (B) if manifest 
injustice would occur in the absence of such an extension.
    ``(D) The Commission--
            ``(i) may not grant such extension; or
            ``(ii) shall terminate such extension;
if the aggrieved Federal employee shows that such extension would 
prejudice a claim of, or otherwise harm, such Federal employee.
    ``(E) In addition to findings of fact and conclusions of law, such 
order shall include formal written notice to each party that before the 
expiration of the 90-day period beginning on the date such party 
receives such order--
            ``(i) the aggrieved Federal employee may commence a civil 
        action in an appropriate district court of the United States 
        for de novo review of a claim with respect to which such order 
        is issued; and
            ``(ii) unless and until a civil action is commenced in such 
        90-day period under clause (i) with respect to such claim, any 
        party may file with the Commission a written request for 
        appellate review of the determination made, and relief granted 
        or denied, in such order with respect to such claim.
    ``(F) Such Federal employee may commence such civil action at any 
time before the expiration of the 90-day period beginning on the date 
such Federal employee receives an order described in subparagraph (A).
    ``(G) If such order applies to more than one claim and if--
            ``(i) such employee does not commence a civil action in 
        accordance with subparagraph (E)(i); and
            ``(ii) neither party requests appellate review in 
        accordance with subparagraph (E)(ii);
with respect to a particular claim, then the determination made, and 
relief granted, in such order with respect to such particular claim 
shall be enforceable immediately.
    ``(g)(1) If a party files timely a written request in accordance 
with subsection (f)(5)(B)(i) or (f)(7)(E)(ii) with the Commission for 
appellate review of the determination made, and relief granted or 
denied, with respect to a claim in such order, then the Commission 
shall immediately transmit a copy of such request to the other parties 
involved and to the administrative judge who issued such order.
    ``(2) Not later than 7 days after receiving a copy of such request, 
the administrative judge shall transmit to the Commission the record of 
the proceeding on which such order is based, including all documents 
and information collected by the respondent under subsection (d).
    ``(3)(A) After allowing the parties to file briefs with respect to 
such determination, the Commission shall issue a written order with 
respect to such claim affirming, reversing, or modifying the applicable 
provisions of the order of the administrative judge not later than--
            ``(i) 150 days after receiving such request; or
            ``(ii) 30 days after such 150-day period if the Commission 
        certifies in writing, before the expiration of such 150-day 
        period--
                    ``(I) that such 30-day period is necessary to 
                review such claim; and
                    ``(II) the particular and unusual circumstances 
                that prevent the Commission from complying with clause 
                (i).
    ``(B) The Commission shall affirm the determination made, and 
relief granted or denied, by the administrative judge with respect to 
such claim if such determination and such relief are supported by a 
preponderance of the evidence in the record taken as a whole and are 
otherwise in accordance with law. The Commission shall accord 
substantial deference to the findings of fact of the administrative 
judge.
    ``(C) In addition to findings of fact and conclusions of law, the 
Commission shall include in its order formal written notice to the 
aggrieved Federal employee that, before the expiration of the 90-day 
period beginning on the date such Federal employee receives such order, 
such Federal employee may commence a civil action in an appropriate 
district court of the United States for de novo review of a claim with 
respect to which such order is issued.
    ``(D) Such Federal employee may commence such civil action at any 
time before the expiration of the 90-day period beginning on the date 
such Federal employee receives an order described in subparagraph (A).
    ``(h)(1) In addition to the periods authorized by subsections 
(f)(7)(F) and (g)(3)(D)--
            ``(A) during the period beginning 20 days after the 
        expiration of the applicable period specified in subparagraph 
        (A) or (B) of subsection (f)(7) and ending on the date the 
        administrative judge issues under such subsection an order with 
        respect to such claim; and
            ``(B) during the period beginning 20 days after the 
        expiration of the applicable period specified in subsection 
        (g)(3)(A) and ending on the date the Commission issues under 
        such subsection an order with respect to such claim;
such Federal employee may commence a civil action in an appropriate 
district court of the United States for de novo review of such claim.
    ``(2) Whenever a civil action is commenced timely and otherwise in 
accordance with this section to determine the merits of a claim arising 
under this section, the jurisdiction of the administrative judge or the 
Commission (as the case may be) to determine the merits of such claim 
shall terminate.
    ``(i) A Federal employee who prevails on a claim arising under this 
section may bring a civil action in an appropriate district court of 
the United States to enforce--
            ``(1) the provisions of a settlement agreement applicable 
        to such claim;
            ``(2) the provisions of an order issued by an 
        administrative judge under subsection (f)(7)(A) applicable to 
        such claim if--
                    ``(A) a request is not filed timely under 
                subsection (g)(1) for appellate review by the 
                Commission; and
                    ``(B) a civil action is not commenced timely under 
                subsection (g)(3)(D) for de novo review;
        of such claim; or
            ``(3) the provisions of an order issued by the Commission 
        under subsection (g)(3)(A) applicable to such claim if a civil 
        action is not commenced timely under subsection (g)(3)(D) for 
        de novo review of such claim.
    ``(j) Any amount awarded under this section (including fees, costs, 
and interest awarded under subsection (f)(6)(G)), or under title 28 of 
the United States Code, with respect to a violation of this section, 
shall be paid by the entity of the Federal Government that violated 
such subsection from any funds made available to such entity by 
appropriation or otherwise.
    ``(k)(1) An entity of the Federal Government against which a claim 
of discrimination is alleged in a complaint filed in an administrative 
proceeding or a civil action under this section shall grant the 
aggrieved Federal employee paid administrative leave if otherwise on 
duty, for time expended in accordance with rules issued by the 
Commission to carry out this section, except that such leave shall 
include reasonable time for--
            ``(A) preparation of a complaint based on such allegation;
            ``(B) conciliation required by subsection (c)(1)(A)(ii);
            ``(C) responding to requests made by the Commission 
        (including administrative judges) or the respondent for 
        information; and
            ``(D) attendance at such proceeding or action.
    ``(2) Except as provided in paragraph (1), an entity of the Federal 
Government shall grant a Federal employee--
            ``(A) paid administrative leave to participate for the 
        benefit of a claimant in an administrative proceeding or civil 
        action commenced under this section to the same extent and 
        under such circumstances as such entity would grant an employee 
        official duty or paid administrative leave to participate for 
        the benefit of a Federal entity in an administrative proceeding 
        or civil action commenced under this section against such 
        entity; and
            ``(B) other leave to participate for the benefit of a 
        claimant in an administrative proceeding or civil action 
        commenced under this section to the same extent and under such 
        circumstances as such entity would grant an employee other 
        leave to participate for the benefit of a Federal entity in an 
        administrative proceeding or civil action commenced under this 
        section against such entity.
    ``(l)(1) In enforcing compliance with an order issued by an 
administrative judge or the Commission, the Commission may make a 
written determination that--
            ``(A) any officer or employee of the agency, department, or 
        unit charged with complying with such order; or
            ``(B) any officer or employee of the United States 
        determined to be responsible for the failure of the agency, 
        department, or unit to comply with such order;
who is not an officer or employee appointed by the President by and 
with the advice and consent of the Senate, shall not be entitled to 
receive payment for service as an officer or employee for the period 
during which such order has not been complied with. The Commission 
shall certify to the Comptroller General of the United States that a 
determination under this paragraph has been made, and no payment shall 
be made out of the Treasury of the United States for any service 
specified in such determination.
    ``(2) In enforcing compliance with such order with respect to any 
officer or employee described in subparagraph (A) or (B) of paragraph 
(1) who is an officer or employee appointed by the President by and 
with the advice and consent of the Senate, the Commission shall notify 
the President that such officer or employee has failed to obey such 
order.
    ``(m) If with respect to the merits of a claim of intentional 
discrimination (other than an employment practice that is unlawful 
because of its disparate impact) prohibited by this section, a Federal 
employee prevails in a proceeding under subsection (f) or a civil 
action commenced under this section, then not later than 15 days after 
issuing an order finding liability under this section, the 
administrative judge or the district court involved shall transmit to 
the Office of Special Counsel a copy of such order.
    ``(n) This section, as in effect immediately before the effective 
date of the Federal Employee Fairness Act of 1995, shall apply with 
respect to employment in the Library of Congress.''.
SEC. 3. AMENDMENTS TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT AND THE 
              REHABILITATION ACT OF 1973.

    (a) Enforcement by EEOC.--(1) Section 15 of the Age Discrimination 
in Employment Act of 1967 (29 U.S.C. 633a) is amended--
            (A) by striking subsections (c) and (d),
            (B) by inserting after subsection (b) the following:
    ``(c)(1)(A) Except as provided in subparagraph (B), any individual 
aggrieved by a violation of subsection (a) of this section may file a 
complaint with the Commission in accordance with section 717 of the 
Civil Rights Act of 1964.
    ``(B) Subsections (c) and (d) of this section, as in effect 
immediately before the effective date of the Federal Employee Fairness 
Act of 1995, shall apply with respect to employment in the Library of 
Congress.
    ``(2) Except as provided in paragraph (1)(B) and subsection (d), 
such section 717 shall apply to a violation alleged in a complaint 
filed under paragraph (1) in the same manner as such section applies to 
a claim arising under section 717 of such Act.
    ``(d)(1) If an individual aggrieved by a violation of this section 
does not file a complaint under subsection (c)(1), such individual may 
commence a civil action--
            ``(A) not less than 30 days after filing with the 
        Commission a notice of intent to commence such action; and
            ``(B) not more than 2 years after the alleged violation of 
        this section occurs;
in an appropriate district court of the United States for de novo 
review of such violation.
    ``(2) On receiving such notice, the Commission shall--
            ``(A) promptly notify all persons named in such notice as 
        prospective defendants in such action; and
            ``(B) take any appropriate action to ensure the elimination 
        of any unlawful practice.
    ``(3) Section 717(o) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e-16(o)) shall apply to civil actions commenced under this 
subsection in the same manner as such section applies to civil actions 
commenced under section 717 of the Civil Rights Act of 1964.'',
            (C) in subsection (f)--
                    (i) by inserting ``(1)'' after ``(f)'',
                    (ii) by striking ``section 12(b)'' and inserting 
                ``sections 12(b) and 4(d)'', and
                    (iii) by adding at the end the following:
    ``(2)(A) Subject to subparagraph (B), an unlawful personnel action 
of the kind described in section 4(d) is established under subsection 
(a) if an employee or applicant for employment demonstrates that his 
opposing any practice made an unlawful employment practice by 
subsection (a), his making a charge, testifying, assisting, or 
participating in any manner in an investigation, proceeding, or hearing 
under this section, or his communicating with the Congress regarding 
discrimination in violation of subsection (a) was a contributing factor 
in an adverse personnel action that was taken or is to be taken against 
such employee or applicant.
    ``(B) On a claim in which a Federal employee proves a violation 
under subparagraph (A) and a respondent demonstrates, on the basis of 
the evidentiary standard specified in section 1221(e)(2) of title 5 of 
the United States Code, that the respondent would have taken the same 
personnel action in the absence of the impermissible motivating factor, 
the court--
            ``(i) may grant declaratory relief, injunctive relief 
        (except as provided in clause (ii)), and attorney's fees and 
        costs demonstrated to be directly attributable only to the 
        pursuit of a claim under subparagraph (A); and
            ``(ii) shall not award damages or issue an order requiring 
        any admission, reinstatement, hiring, promotion, or payment not 
        described in clause (i).'',
    (2) Section 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794a) 
is amended--
            (A) in subsection (a)(1)--
                    (i) by inserting ``(A)'' after ``(a)(1)'',
                    (ii) by striking ``706(k)'' and inserting 
                ``706(j)'',
                    (iii) by striking ``through (k)'' and inserting 
                ``through (j)'', and
                    (iv) by adding at the end the following:
    ``(B) The first sentence of this paragraph, as in effect 
immediately before the effective date of the Federal Employee Fairness 
Act of 1995, shall apply with respect to employment in the Library of 
Congress.'', and
            (B) in subsection (b) by striking ``In'' and inserting 
        ``Except as provided in subsection (a)(1), in''.
    (b) Opportunity To Commence Civil Action.--If a complaint filed 
under section 15 of the Age Discrimination in Employment Act of 1967 
(29 U.S.C. 633a), or section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791)), with the Equal Employment Opportunity Commission is 
pending in the period beginning on the date of the enactment of this 
Act and ending on December 31, 1996, the individual who filed such 
complaint may commence a civil action under such section not later than 
June 30, 1997.

SEC. 4. AMENDMENTS TO TITLE 5 OF THE UNITED STATES CODE.

    (a) Grievance Procedures.--Section 7121 of title 5, United States 
Code, is amended--
            (1) in subsection (a)(1) by inserting ``administrative'' 
        after ``exclusive'', and
            (2) in subsection (d)--
                    (A) by inserting ``(1)'' after ``(d)'',
                    (B) in the first sentence by inserting ``, in the 
                discretion of the aggrieved employee,'' after ``may'', 
                and
                    (C) in the last sentence by striking ``Selection'' 
                and all that follows through ``any other'', and 
                inserting the following:
    ``(2) An employee may commence, not later than 120 days after a 
final decision, a civil action in an appropriate district court of the 
United States for de novo review of a''.
    (b) Actions Involving Discrimination.--Section 7702 of title 5, 
United States Code, is amended to read as follows:
``Sec. 7702. Actions involving discrimination
    ``(a)(1) Notwithstanding any other provision of law, in the case of 
any employee or applicant for employment who--
            ``(A) is affected by--
                    ``(i) an action which the employee or applicant may 
                appeal to the Merit Systems Protection Board, or
                    ``(ii) an action, not described in clause (i)--
                            ``(I) on the part the Equal Employment 
                        Opportunity Commission, and
                            ``(II) with respect to which the employee 
                        or applicant makes an election under section 
                        717(e)(2)(B)(i)(II) of the Civil Rights Act of 
                        1964, and
            ``(B) alleges that a basis for the action was 
        discrimination prohibited by--
                    ``(i) section 717 of the Civil Rights Act of 1964 
                (42 U.S.C. 2000a-16),
                    ``(ii) section 6(d) of the Fair Labor Standards Act 
                of 1938 (29 U.S.C. 206(d)),
                    ``(iii) section 501 of the Rehabilitation Act of 
                1973 (29 U.S.C. 791),
                    ``(iv) sections 12 and 15 of the Age Discrimination 
                in Employment Act of 1967 (29 U.S.C. 631, 633a), or
                    ``(v) any rule, regulation, or policy directive 
                prescribed under any provision of law described in 
                clauses (i) through (iv) of this subparagraph,
the employee or applicant may raise the action as provided in paragraph 
(2).
    ``(2) For purposes of paragraph (1), the employee shall raise the 
action by filing a complaint in accordance with section 717 of the 
Civil Rights Act of 1964 and shall make a request described in section 
717(e)(2)(B)(i) selecting the procedures specified in one of the 
following subparagraphs:
            ``(A) The administrative and judicial procedures provided 
        under sections 7701 and 7703.
            ``(B) The administrative and judicial procedures provided 
        under section 7121.
            ``(C) The administrative and judicial procedures provided 
        under section 717 of the Civil Rights Act of 1964.
    ``(3) The agency (including the Board and the Equal Employment 
Opportunity Commission) that carries out such procedures shall apply 
the substantive law that is applied by the agency that administers the 
particular law referred to in subsection (a)(1) that prohibits the 
conduct alleged to be the basis of the action referred to in subsection 
(a)(1)(A).
    ``(b) If--
            ``(1) an employee elects the procedures specified in 
        subsection (a)(2)(C), and
            ``(2) the Equal Employment Opportunity Commission dismisses 
        under section 717(f)(5)(A) of the Civil Rights Act of 1964 a 
        claim that is based on the action raised by the employee,
then the employee shall have 20 days in which to raise the action under 
the procedures specified in subparagraph (A) or (B) of subsection 
(a)(2), except that no allegation of a kind described in subsection 
(a)(1)(B) may be raised under this subsection.
    ``(c) If at any time after the 120th day following the receipt 
under section 717(e)(3)(B) of the Civil Rights Act of 1964 of a 
complaint as a result of an election made under section 717(e)(2)(B)(i) 
of the Civil Rights Act of 1964 to raise an action under the procedures 
specified in subsection (a)(2)(A) there is no judicially reviewable 
action, an employee shall be entitled to file, not later than 240 days 
after making such election, a civil action in an appropriate district 
court of the United States for de novo review of the action raised 
under subsection (a).
    ``(d) Nothing in this section shall be construed to affect the 
right to trial de novo under any provision of law described in 
subsection (a)(1) after a judicially reviewable action.''.
    (c) Disciplinary Action.--(1) Section 1214 of title 5, United 
States Code, is amended by adding at the end the following:
    ``(g)(1) Whenever the Office of Special Counsel receives any copy 
of an order, in accordance with section 717(m) of the Civil Rights Act 
of 1964, with respect to a claim arising under section 717 of the Civil 
Rights Act of 1964, section 15(a) of the Age Discrimination in 
Employment Act of 1967, or section 501 of the Rehabilitation Act of 
1973, the Special Counsel shall investigate the matter to the extent 
necessary to determine whether there are reasonable grounds to believe 
that a prohibited personnel practice described in section 2302(b)(1) 
has occurred and, if so, shall seek the appropriate disciplinary action 
under section 1215.
    ``(2) A determination under this subsection shall be made not later 
than 180 days after the appropriate date under paragraph (3) for the 
last applicable event described in such paragraph.
    ``(3)(A) With respect to a claim--
            ``(i) to which an order issued by an administrative judge 
        of the Equal Employment Opportunity Commission applies, and
            ``(ii) with respect to which the aggrieved employee 
        neither--
                    ``(I) commences a civil action in accordance with 
                section 717(f)(7)(E)(i) of the Civil Rights Act of 
                1964, nor
                    ``(II) requests appellate review in accordance with 
                section 717(f)(7)(E)(ii) of the Civil Rights Act of 
                1964,
the appropriate date is the date on which the Office of Special Counsel 
receives a copy of an order (referred to in paragraph (1)) from the 
administrative judge.
    ``(B) With respect to a claim--
            ``(i) to which an order issued by the Equal Employment 
        Opportunity Commission applies, and
            ``(ii) with respect to which the aggrieved employee does 
        not commence a civil action in accordance with section 
        717(g)(3)(D),
the appropriate date is the date on which the Office of Special Counsel 
receives a copy of an order (referred to in paragraph (1)) from the 
Commission.
    ``(C) With respect to a claim to which a final judgment issued by a 
court of the United States applies, the appropriate date is the date on 
which the Office of Special Counsel receives a copy of an order 
(referred to in paragraph (1)) from such court.
    ``(4) For the purpose of this subsection--
            ``(A) the term `order' means an order issued on the merits;
            ``(B) the term `judgment' means a judgment issued on the 
        merits; and
            ``(C) the term `final judgment' means a judgment that is 
        either--
                    ``(i) not reviewed by any other court that has 
                authority to review such judgment; or
                    ``(ii) not reviewable by any other court.''.
    (2) Section 1218 of title 5, United States Code, is amended--
            (A) by inserting ``(a)'' before the first sentence; and
            (B) by adding at the end the following:
    ``(b) Any statistical or other information provided under the first 
sentence of subsection (a) shall specify with respect to each 
particular prohibited personnel practice, the extent to which such 
information relates to any matter referred to in section 1214(g), the 
disposition of such practice, and the basis for such disposition.''.
    (d) Recordkeeping.--(1) Chapter 23 of title 5, United States Code, 
is amended by adding at the end the following:
``Sec. 2306. Federal personnel records
    ``(a) For the purpose of this section--
            ``(1) the term `personnel action' has the meaning given 
        such term in section 2302(a)(2)(A);
            ``(2) the term `record' has the meaning given such term in 
        section 552a(a)(4); and
            ``(3) the term `employee' means an employee or applicant 
        for employment in any entity of the Federal Government to 
        which--
                    ``(A) section 717(a) of the Civil Rights Act of 
                1964 applies;
                    ``(B) section 501 of the Rehabilitation Act of 1973 
                applies; or,
                    ``(C) sections 12 and 15 of the Age Discrimination 
                in Employment Act of 1967 apply;
        but does not include any employee or applicant for employment 
        with respect to whom section 117, or title III (excluding 
        section 320), of the Civil Rights Act of 1991 applies.
    ``(b) Records relating to any personnel action taken with respect 
to an employee shall be maintained by the employing authority for at 
least the greater of--
            ``(1) 270 days after the effective date of the personnel 
        action to which such records relate; or
            ``(2) the period of time otherwise required under 
        applicable provisions of law, rule, or regulation, if any.
    ``(c) The Office of Personnel Management, in consultation with the 
Equal Employment Opportunity Commission, shall issue guidelines for the 
implementation of this section by an entity of the Federal Government 
(as defined in section 701 of the Civil Rights Act of 1964).''.
    (2) The table of sections for chapter 23 of title 5, United States 
Code, is amended by adding at the end the following:

``2306. Federal personnel records.''.
    (e) Conforming Amendments.--Section 7703(b) of title 5, United 
States Code, is amended--
            (1) in paragraph (1) by striking ``(1) Except as provided 
        in paragraph (2) of this subsection, a'' and inserting ``A'', 
        and
            (2) by striking paragraph (2).
    (f) Right to Intervene.--Section 1212(c)(2) of title 5, United 
States Code, is amended--
            (1) by striking ``(2)'' and inserting ``(2)(A)''; and
            (2) by adding at the end the following:
    ``(B) Consent under subparagraph (A) shall not be required, in the 
case of an appeal from an action, if--
            ``(i) section 7513(d) is the provision making the action 
        appealable to the Board;
            ``(ii) the appeal is brought in a matter with respect to 
        which a copy of an order has been received by the Office of 
        Special Counsel under section 717(m) of the Civil Rights Act of 
        1964; and
            ``(iii) 1 of the grounds for the action being appealed is 
        discrimination of a type described in section 2302(b)(1).''.

SEC. 5. TECHNICAL AMENDMENTS.

    Section 717(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16(b)) is amended by striking ``Civil Service Commission'' each place 
it appears and inserting ``Commission''.

SEC. 6. ISSUANCE OF PROCEDURAL GUIDELINES AND NOTICE RULES.

    (a) Issuance of Certain Rules and Guidelines.--After providing 
notice in accordance with section 553(b) of title 5, United States 
Code, and not later than 1 year after the date of the enactment of this 
Act, the Equal Employment Opportunity Commission shall issue--
            (1) rules to assist entities of the Federal Government to 
        comply with section 717(d) of the Civil Rights Act of 1964, as 
        added by section 2 of this Act,
            (2) rules establishing--
                    (A) a uniform written official notice to be used to 
                comply with section 717 of such Act, as added by 
                section 2 of this Act, and
                    (B) detailed requirements applicable to collecting 
                and preserving documents and information under section 
                717(d), as added by section 2 of this Act,
            (3) guidelines describing an alternative dispute resolution 
        process that may be used by entities of the Federal Government 
        (as defined in section 701(p) of the Civil Rights Act of 1964 
        (7 U.S.C. 2000e(p)), in their discretion, consistent with the 
        administrative process applicable to claims under section 717 
        of such Act, and
            (4) rules establishing the criteria, standards, and process 
        for obtaining Commission simultaneous approval of--
                    (A) a process for precomplaint conciliation of the 
                kind required by section 717(c)(1)(A)(i) of the Civil 
                Rights Act of 1964, and
                    (B) an alternative dispute resolution process for 
                purposes of such section.
    (b) Publication of Proposed Guidelines.--Not later than 180 days 
after the date of the enactment of this Act, the Equal Employment 
Opportunity Commission shall publish in the Federal Register proposed 
guidelines of the kind described in subsection (a)(3) and proposed 
rules of the kind described in subsection (a)(4), and allow not less 
than 30 days for public comment before issuing guidelines and rules 
under paragraphs (3) and (4) of subsection (a).
    (c) Standards for Alternative Dispute Resolution Processes.--The 
guidelines required by subsections (a) and (b) shall provide for 
alternative dispute resolution processes that include--
            (1) procedural rules applicable to the operation of such 
        processes, including a description of the roles of Federal 
        employees and the authorized representatives of such employees 
        in such processes,
            (2) an opportunity for meaningful participation by Federal 
        employees, and their authorized representatives if appropriate, 
        in the design and development of such processes and such rules,
            (3) methods for selecting and training qualified 
        facilitators, including the use of nonparty neutrals not from 
        the employing activities,
            (4) providing to the parties access to relevant documents 
        and witnesses,
            (5) application of decisional law and legal principles,
            (6) periodic evaluation of the efficacy of facilitators,
            (7) periodic evaluation of the efficacy of the alternative 
        dispute resolution process and conciliation (including 
        precomplaint conciliation), and reporting on the resolution and 
        settlement of disputes under such process, and
            (8) confidentiality of communications (including offers of 
        settlement) among participants in such process.
    (d) Identification of Approved Alternative Dispute Resolution 
Processes.--Not later than 21 months after the date of the enactment of 
this Act, and annually thereafter, the Equal Employment Opportunity 
Commission shall publish in the Federal Register the names of the 
entities of the Federal Government (as defined in section 701 of the 
Civil Rights Act of 1964) that provide a voluntary alternative dispute 
resolution process approved by the Commission in accordance with the 
rules in effect under subsection (a)(4).
    (e) Voluntary Settlement Program.--The Equal Employment Opportunity 
Commission shall issue rules establishing a program and procedures, 
consistent with the administrative adjudication of claims under section 
717 of the Civil Rights Act of 1964 as amended by this Act, to foster 
the voluntary settlement of such claims.
    (f) Reporting Requirement.--Section 705 of the Civil Rights Act of 
1964 (42 U.S.C. 2000-e4) is amended by adding at the end the following:
    ``(l) The Commission shall include in each report made under 
subsection (e) the following information separately identified with 
respect to each entity of the Federal Government for the period for 
which such report is made:
            ``(1) The number of Federal employees who participated in 
        conciliation provided under section 717(c)(1)(A)(ii) as added 
        by the Federal Employee Fairness Act of 1995.
            ``(2) The number of such employees who entered into a 
        settlement under section 717, as amended by such Act, for 
        relief of any kind.
            ``(3) The number of such employees who filed complaints 
        under such section 717.
            ``(4) The number of other Federal employees who filed 
        complaints under such section.
The head of each such entity shall provide such information timely to 
the Commission to enable the Commission to comply with this 
subsection.''.
SEC. 7. ISSUANCE OF RULES REGARDING CLASSIFIED INFORMATION.

    (a) Rules Required.--The Equal Employment Opportunity Commission, 
in consultation with the Director of Central Intelligence, the 
Secretary of Defense, and the Director of the Information Security 
Oversight Office of the General Services Administration, shall issue 
rules to ensure the protection of classified information and national 
security information in administrative proceedings under section 717 of 
the Civil Rights Act of 1964 (42 U.S.C. 2000e-16). Such rules shall 
include a requirement that complaints filed under section 717(c) of 
such Act that bear on classified information shall be handled only by 
administrative judges, and other personnel, who have appropriate 
security clearances.
    (b) Definition.--For purposes of subsection (a), the term 
``classified information'' has the meaning given such term in section 
606(1) of the National Security Act of 1947 (50 U.S.C. 426(1)).

SEC. 8. RULES OF CONSTRUCTION.

    Any reference in any law (other than title VII of the Civil Rights 
Act of 1964) to any provision of title VII of the Civil Rights Act of 
1964 amended by this Act shall be deemed to be a reference to such 
provision as amended by this Act.

SEC. 9. SENSE OF THE CONGRESS.

    (a) Appropriation of Funds.--It is the sense of the Congress that 
because the amendments made by this Act--
            (1) impose on the Equal Employment Opportunity Commission 
        additional administrative responsibility in the processing of 
        claims of Federal employees based on discrimination in 
        employment, and
            (2) increase the financial burden on the Commission to 
        carry out such responsibility,
the amount appropriated to the Commission to carry out laws prohibiting 
discrimination in Federal employment should be increased accordingly to 
enable the Commission to carry out its additional responsibility.
    (b) Payment of Relief Awarded.--It is the sense of the Congress 
that the payment of any relief awarded under section 717 of the Civil 
Rights Act of 1964 (42 U.S.C. 20003-16) should not be made by any 
Federal agency out of any funds appropriated to such agency for the 
salaries and expenses.

SEC. 10. EFFECTIVE DATES; APPLICATION OF AMENDMENTS.

    (a) General Effective Date.--Except as provided in subsections (b) 
and (c), this Act and the amendments made by this Act shall take effect 
on January 1, 1998.
    (b) Effective Date of Sections 6 and 7.--Sections 6 and 7 shall 
take effect on the date of the enactment of this Act.
    (c) Application of Amendments.--The amendments made by this Act 
shall not apply with respect to--
            (1) complaints filed under section 717 of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000e-16) before the effective date of 
        this Act; and
            (2) proceedings pending under title 5 of the United States 
        Code before the effective date of this Act.
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