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
guidelines and rules under paragraphs (3) and (4) of sub-
section (a).
(c) STANDARDS FOR ALTERNATIVE DISPUTE RESO-
LUTION PROCESSES.—The guidelines required by sub-
sections (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 rep-
resentatives of such employees in such processes,
(2) an opportunity for meaningful participation
by Federal employees, and their authorized rep-
resentatives if appropriate, in the design and devel-
opment 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 prin-
ciples,
(6) periodic evaluation of the efficacy of
facilitators,
(7) periodic evaluation of the efficacy of the al-
ternative 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 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 1997.
‘‘(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
INFORMATION.
(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,
2000.
(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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