Improving VA Accountability To Prevent Sexual Harassment and Discrimination Act of 2021

IIB 117TH CONGRESS 1ST SESSION H. R. 2704 IN THE SENATE OF THE UNITED STATES MAY 19, 2021 Received; read twice and referred to the Committee on Veterans’ Affairs AN ACT 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 03:13 May 20, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2704.RFS H2704 kjohnson on DSK79L0C42PROD with BILLS 2 HR 2704 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Improving VA Ac- 2 countability To Prevent Sexual Harassment and Discrimi- 3 nation Act of 2021’’. 4 SEC. 2. IMPROVEMENTS TO EQUAL EMPLOYMENT OPPOR- 5 TUNITY FUNCTIONS OF DEPARTMENT OF 6 VETERANS AFFAIRS. 7 (a) ALIGNMENT OF EEO DIRECTOR.— 8 (1) REPORTING AND DUTIES.—Subsection (h) 9 of section 516 of title 38, United States Code, is 10 amended— 11 (A) by striking ‘‘The provisions’’ and in- 12 serting ‘‘(1) The provisions’’; and 13 (B) by adding at the end the following new 14 paragraph: 15 ‘‘(2) Beginning not later than 90 days after the date 16 of the enactment of this paragraph, in carrying out para- 17 graph (1), the Secretary shall ensure that the official of 18 the Department who serves as the Equal Employment Op- 19 portunity Director of the Department— 20 ‘‘(A) reports directly to the Deputy Secretary 21 with respect to the functions under this section; and 22 ‘‘(B) does not also serve in a position that has 23 responsibility over personnel functions of the De- 24 partment or other functions that conflict with the 25 functions under this section.’’. 26 VerDate Sep 11 2014 03:13 May 20, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2704.RFS H2704 kjohnson on DSK79L0C42PROD with BILLS 3 HR 2704 RFS (2) CONFORMING AMENDMENTS.—Such section 1 is further amended— 2 (A) in subsection (b)(1), by inserting ‘‘, in 3 accordance with subsection (h)(2),’’ after ‘‘an 4 Assistant Secretary or a Deputy Assistant Sec- 5 retary’’; and 6 (B) in subsection (e)(1)(A), by striking 7 ‘‘the Assistant Secretary for Human Resources 8 and Administration’’ and inserting ‘‘the Sec- 9 retary’’. 10 (b) ALIGNMENT OF EEO PROGRAM MANAGERS.— 11 Such section is further amended by adding at the end the 12 following new subsection: 13 ‘‘(i) In accordance with subsection (b), not later than 14 December 31, 2021, the Secretary of Veterans Affairs 15 shall ensure that each Equal Employment Opportunity 16 program manager of the Department at the facility level 17 reports to the head of the Office of Resolution Manage- 18 ment, or such successor office established pursuant to sub- 19 section (a), with respect to the equal employment func- 20 tions of the program manager.’’. 21 (c) REPORTING HARASSMENT AND EMPLOYMENT 22 DISCRIMINATION COMPLAINTS.—Subsection (a) of such 23 section 516 is amended— 24 VerDate Sep 11 2014 03:13 May 20, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2704.RFS H2704 kjohnson on DSK79L0C42PROD with BILLS 4 HR 2704 RFS (1) by striking ‘‘The Secretary’’ and inserting 1 ‘‘(1) The Secretary’’; and 2 (2) by adding at the end the following new 3 paragraph: 4 ‘‘(2) The Secretary shall ensure that the employment 5 discrimination complaint resolution system established 6 under paragraph (1) requires that any manager of the De- 7 partment who receives a sexual or other harassment or 8 employment discrimination complaint reports such com- 9 plaint to the Office of Resolution Management, or such 10 successor office, immediately, or if such immediate report- 11 ing is impracticable, not later than two business days after 12 the date on which the manager receives the complaint.’’. 13 (d) TRAINING.—Subsection (c) of such section 516 14 is amended by adding at the end the following new sen- 15 tence: ‘‘Beginning not later than September 30, 2021, the 16 Secretary shall provide to each employee of the Depart- 17 ment mandatory annual training on identifying and ad- 18 dressing sexual and other harassment and employment 19 discrimination, including with respect to processes under 20 the Harassment Prevention Program of the Department, 21 or such successor program. An employee of the Depart- 22 ment who is hired on or after such date shall receive the 23 first such mandatory annual training not later than 60 24 days after being hired.’’. 25 VerDate Sep 11 2014 03:13 May 20, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2704.RFS H2704 kjohnson on DSK79L0C42PROD with BILLS 5 HR 2704 RFS (e) HARASSMENT AND EMPLOYMENT DISCRIMINA- 1 TION POLICIES AND DIRECTIVES.—The Secretary of Vet- 2 erans Affairs shall— 3 (1) by not later than September 30, 2021, and 4 on a regular basis thereafter, review the policies re- 5 lating to sexual and other harassment and employ- 6 ment discrimination of the Department of Veterans 7 Affairs to ensure that such policies are complete and 8 in accordance with the sexual and other harassment 9 and employment discrimination policies established 10 by the Office of Resolution Management of the De- 11 partment, or such successor office; and 12 (2) by not later than 180 days after the date 13 of the enactment of this Act, issue a final directive 14 and a handbook for the Harassment Prevention Pro- 15 gram of the Department. 16 (f) REPORTS.—Not later than 180 days after the 17 date of the enactment of this Act, and semiannually there- 18 after for one year, the Secretary of Veterans Affairs shall 19 submit to the Committees on Veterans’ Affairs of the 20 House of Representatives and the Senate a report on the 21 progress the Secretary has made in carrying out this sec- 22 tion and section 516 of title 38, United States Code, as 23 amended by this section, including with respect to report- 24 ing sexual and other harassment and employment dis- 25 VerDate Sep 11 2014 03:13 May 20, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2704.RFS H2704 kjohnson on DSK79L0C42PROD with BILLS 6 HR 2704 RFS crimination complaints pursuant to subsection (a)(2) of 1 such section 516. 2 Passed the House of Representatives May 18, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 03:13 May 20, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2704.RFS H2704 kjohnson on DSK79L0C42PROD with BILLS