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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2704 Referred in Senate (RFS)]

<DOC>
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 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.

            Passed the House of Representatives May 18, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```