[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2704 Reported in House (RH)]
<DOC>
Union Calendar No. 21
117th CONGRESS
1st Session
H. R. 2704
[Report No. 117-36]
To amend title 38, United States Code, to improve the equal employment
opportunity functions of Department of Veterans Affairs, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2021
Mr. Pappas (for himself, Mrs. Hinson, and Ms. Kuster) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs
May 17, 2021
Reported from the Committee on Veterans' Affairs; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve the equal employment
opportunity functions of Department of Veterans Affairs, 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 ``Improving VA Accountability To
Prevent Sexual Harassment and Discrimination Act of 2021''.
SEC. 2. IMPROVEMENTS TO EQUAL EMPLOYMENT OPPORTUNITY FUNCTIONS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Alignment of EEO Director.--
(1) Reporting and duties.--Subsection (h) of section 516 of
title 38, United States Code, is amended--
(A) by striking ``The provisions'' and inserting
``(1) The provisions''; and
(B) by adding at the end the following new
paragraph:
``(2) Beginning not later than 90 days after the date of the
enactment of this paragraph, in carrying out paragraph (1), the
Secretary shall ensure that the official of the Department who serves
as the Equal Employment Opportunity Director of the Department--
``(A) reports directly to the Deputy Secretary with respect
to the functions under this section; and
``(B) does not also serve in a position that has
responsibility over personnel functions of the Department or
other functions that conflict with the functions under this
section.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (b)(1), by inserting ``, in
accordance with subsection (h)(2),'' after ``an
Assistant Secretary or a Deputy Assistant Secretary'';
and
(B) in subsection (e)(1)(A), by striking ``the
Assistant Secretary for Human Resources and
Administration'' and inserting ``the Secretary''.
(b) Alignment of EEO Program Managers.--Such section is further
amended by adding at the end the following new subsection:
``(i) In accordance with subsection (b), not later than December
31, 2021, the Secretary of Veterans Affairs shall ensure that each
Equal Employment Opportunity program manager of the Department at the
facility level reports to the head of the Office of Resolution
Management, or such successor office established pursuant to subsection
(a), with respect to the equal employment functions of the program
manager.''.
(c) Reporting Harassment and Employment Discrimination
Complaints.--Subsection (a) of such section 516 is amended--
(1) by striking ``The Secretary'' and inserting ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the employment discrimination
complaint resolution system established under paragraph (1) requires
that any manager of the Department who receives a sexual or other
harassment or employment discrimination complaint reports such
complaint to the Office of Resolution Management, or such successor
office, immediately, or if such immediate reporting is impracticable,
not later than two business days after the date on which the manager
receives the complaint.''.
(d) Training.--Subsection (c) of such section 516 is amended by
adding at the end the following new sentence: ``Beginning not later
than September 30, 2021, the Secretary shall provide to each employee
of the Department mandatory annual training on identifying and
addressing sexual and other harassment and employment discrimination,
including with respect to processes under the Harassment Prevention
Program of the Department, or such successor program. An employee of
the Department who is hired on or after such date shall receive the
first such mandatory annual training not later than 60 days after being
hired.''.
(e) Harassment and Employment Discrimination Policies and
Directives.--The Secretary of Veterans Affairs shall--
(1) by not later than September 30, 2021, and on a regular
basis thereafter, review the policies relating to sexual and
other harassment and employment discrimination of the
Department of Veterans Affairs to ensure that such policies are
complete and in accordance with the sexual and other harassment
and employment discrimination policies established by the
Office of Resolution Management of the Department, or such
successor office; and
(2) by not later than 180 days after the date of the
enactment of this Act, issue a final directive and a handbook
for the Harassment Prevention Program of the Department.
(f) Reports.--Not later than 180 days after the date of the
enactment of this Act, and semiannually thereafter for one year, the
Secretary of Veterans Affairs shall submit to the Committees on
Veterans' Affairs of the House of Representatives and the Senate a
report on the progress the Secretary has made in carrying out this
section and section 516 of title 38, United States Code, as amended by
this section, including with respect to reporting sexual and other
harassment and employment discrimination complaints pursuant to
subsection (a)(2) of such section 516.
Union Calendar No. 21
117th CONGRESS
1st Session
H. R. 2704
[Report No. 117-36]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve the equal employment
opportunity functions of Department of Veterans Affairs, and for other
purposes.
_______________________________________________________________________
May 17, 2021
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed