subsection (a) was a contributing factor in an adverse per-
sonnel 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 re-
lief (except as provided in clause (ii)), and attorney’s
fees and costs demonstrated to be directly attrib-
utable only to the pursuit of a claim under subpara-
graph (A); and
‘‘(ii) shall not award damages or issue an order
requiring any admission, reinstatement, hiring, pro-
motion, 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 insert-
ing ‘‘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 Em-
ployee Fairness Act of 1995, shall apply with respect to
employment in the Library of Congress.’’, and
(B) in subsection (b) by striking ‘‘In’’ and in-
serting ‘‘Except as provided in subsection (a)(1),
in’’.
(b) OPPORTUNITY TO COMMENCE CIVIL ACTION.—
If a complaint filed under section 15 of the Age Discrimi-
nation 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 Commis-
sion 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 ‘‘adminis-
trative’’ 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 ‘‘Selec-
tion’’ 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:
‘‘§ 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 appli-
cant may appeal to the Merit Systems Protec-
tion Board, or
‘‘(ii) an action, not described in clause
(i)—
‘‘(I) on the part the Equal Employ-
ment Opportunity Commission, and
‘‘(II) with respect to which the em-
ployee 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 dis-
crimination 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 Stand-
ards 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 Dis-
crimination 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) select-
ing the procedures specified in one of the following sub-
paragraphs:
‘‘(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 ap-
plied 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 sub-
section (a)(1)(A).
‘‘(b) If—
‘‘(1) an employee elects the procedures specified
in subsection (a)(2)(C), and
‘‘(2) the Equal Employment Opportunity Com-
mission 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 ac-
tion, 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 af-
fect 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:
‘‘(II) requests appellate review in accord-
ance 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 Em-
ployment Opportunity Commission applies, and
‘‘(ii) with respect to which the aggrieved em-
ployee does not commence a civil action in accord-
ance 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 judg-
ment 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 para-
graph (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 is-
sued on the merits; and
‘‘(C) the term ‘final judgment’ means a judg-
ment 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:
‘‘§ 2306. Federal personnel records
‘‘(a) For the purpose of this section—
‘‘(1) the term ‘personnel action’ has the mean-
ing 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 Fed-
eral 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 Dis-
crimination 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 regula-
tion, if any.
‘‘(c) The Office of Personnel Management, in con-
sultation with the Equal Employment Opportunity Com-
mission, 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 re-
spect 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 ap-
pealed is discrimination of a type described in sec-
tion 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 ‘‘Com-
mission’’.
SEC. 6. ISSUANCE OF PROCEDURAL GUIDELINES AND NO-
TICE RULES.
(a) ISSUANCE
OF CERTAIN RULES
AND GUIDE-
LINES.—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 Gov-
ernment 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 col-
lecting and preserving documents and informa-
tion 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 proc-
ess 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
(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 de-
fined 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 sec-
tion 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 sepa-
rately 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 en-
tered into a settlement under section 717, as amend-
ed 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 informa-
tion timely to the Commission to enable the Commission
to comply with this subsection.’’.
SEC. 7. ISSUANCE OF RULES REGARDING CLASSIFIED IN-
FORMATION.
(a) RULES REQUIRED.—The Equal Employment Op-
portunity 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 na-
tional 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 ad-
ministrative judges, and other personnel, who have appro-
priate 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 Oppor-
tunity Commission additional administrative respon-
sibility in the processing of claims of Federal em-
ployees based on discrimination in employment, and
(2) increase the financial burden on the Com-
mission 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 AMEND-
MENTS.
(a) GENERAL EFFECTIVE DATE.—Except as pro-
vided in subsections (b) and (c), this Act and the amend-
ments made by this Act shall take effect on January 1,
1998.
(b) EFFECTIVE DATE OF SECTIONS 6 and 7.—Sec-
tions 6 and 7 shall take effect on the date of the enact-
ment of this Act.
(c) APPLICATION OF AMENDMENTS.—The amend-
ments 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) be-
fore 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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