[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1243 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1243
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 SENATE OF THE UNITED STATES
April 20, 2021
Ms. Ernst (for herself and Ms. Hassan) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
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 Equal Employment Opportunity 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 the Improving VA Accountability To Prevent Sexual
Harassment and Discrimination Act of 2021, 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 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 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 successor office,
immediately, or if such immediate reporting is impracticable, not later
than two days after the date on which the manager receives the
complaint.''.
(d) Training.--Subsection (c) of such section is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) 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.
``(B) 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 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) Semiannual 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 Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives 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.
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