; and (3) by striking Provided , That the Board and inserting the following: (2) The Board . 4. Handbooks Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ) is amended by inserting after subsection (g) the following: (h) (1) The Board shall find that facially neutral rules, policies and employee handbook provisions adopted or maintained by an employer are lawful under this Act, unless the Board applies the principles and makes findings set forth in paragraphs (2) and (3). For the purposes of this subsection, facially neutral refers to rules, policies, and employee handbook provisions that contain no explicit reference to and prohibition against specific activities mentioned in this Act (such as forming, joining or assisting labor organizations, bargaining collectively, or refraining from such activities as provided in section 7). A rule, policy, or employee handbook provision that explicitly upholds prohibitions on discrimination set forth under title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) shall be deemed facially neutral . (2) When considering claims that the adoption or maintenance of a facially neutral rule, policy, or employee handbook provision violates this Act, the Board in each case must consider and make findings regarding both— (A) the justifications associated with the rule, policy, or handbook provision; and (B) the nature and extent of the impact on protected rights, if any. (3) The Board shall find that the adoption or maintenance of a facially neutral rule, policy, or employee handbook provision violates this Act only if the General Counsel 16 shows by clear and convincing evidence that— (A) adoption or maintenance of the rule, policy, or employee handbook provision has an adverse impact on the exercise of rights under section 7