IB 

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 


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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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving VA Ac5 countability To Prevent Sexual Harassment and Discrimi6 nation Act of 2021’’. 

7 SEC. 2. IMPROVEMENTS TO EQUAL EMPLOYMENT OPPOR8 TUNITY FUNCTIONS OF DEPARTMENT OF 

9 VETERANS AFFAIRS. 

10 (a) ALIGNMENT OF EEO DIRECTOR.— 

11 (1) REPORTING AND DUTIES.—Subsection (h) 

12 of section 516 of title 38, United States Code, is 

13 amended— 

14 (A) by striking ‘‘The provisions’’ and in15 serting ‘‘(1) The provisions’’; and 

16 (B) by adding at the end the following new 

17 paragraph: 

18 ‘‘(2) Beginning not later than 90 days after the date 

19 of the enactment of this paragraph, in carrying out para20 graph (1), the Secretary shall ensure that the official of 

21 the Department who serves as the Equal Employment Op22 portunity Director of the Department— 

23 ‘‘(A) reports directly to the Deputy Secretary 

24 with respect to the functions under this section; and 


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1 ‘‘(B) does not also serve in a position that has 

2 responsibility over personnel functions of the De3 partment or other functions that conflict with the 

4 functions under this section.’’. 

5 (2) CONFORMING AMENDMENTS.—Such section 

6 is further amended— 

7 (A) in subsection (b)(1), by inserting ‘‘, in 

8 accordance with subsection (h)(2),’’ after ‘‘an 

9 Assistant Secretary or a Deputy Assistant Sec10 retary’’; and 

11 (B) in subsection (e)(1)(A), by striking 

12 ‘‘the Assistant Secretary for Human Resources 

13 and Administration’’ and inserting ‘‘the Sec14 retary’’. 

15 (b) ALIGNMENT OF EEO PROGRAM MANAGERS.— 

16 Such section is further amended by adding at the end the 

17 following new subsection: 

18 ‘‘(i) In accordance with subsection (b), not later than 

19 December 31, 2021, the Secretary of Veterans Affairs 

20 shall ensure that each Equal Employment Opportunity 

21 program manager of the Department at the facility level 

22 reports to the head of the Office of Resolution Manage23 ment, or such successor office established pursuant to sub24 section (a), with respect to the equal employment func25 tions of the program manager.’’. 


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1 (c) REPORTING HARASSMENT AND EMPLOYMENT

2 DISCRIMINATION COMPLAINTS.—Subsection (a) of such 

3 section 516 is amended— 

4 (1) by striking ‘‘The Secretary’’ and inserting 

5 ‘‘(1) The Secretary’’; and 

6 (2) by adding at the end the following new 

7 paragraph: 

8 ‘‘(2) The Secretary shall ensure that the employment 

9 discrimination complaint resolution system established 

10 under paragraph (1) requires that any manager of the De11 partment who receives a sexual or other harassment or 

12 employment discrimination complaint reports such com13 plaint to the Office of Resolution Management, or such 

14 successor office, immediately, or if such immediate report15 ing is impracticable, not later than two business days after 

16 the date on which the manager receives the complaint.’’. 

17 (d) TRAINING.—Subsection (c) of such section 516 

18 is amended by adding at the end the following new sen19 tence: ‘‘Beginning not later than September 30, 2021, the 

20 Secretary shall provide to each employee of the Depart21 ment mandatory annual training on identifying and ad22 dressing sexual and other harassment and employment 

23 discrimination, including with respect to processes under 

24 the Harassment Prevention Program of the Department, 

25 or such successor program. An employee of the DepartVerDate Sep 11 2014 21:13 May 17, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2704.RH H2704

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1 ment who is hired on or after such date shall receive the 

2 first such mandatory annual training not later than 60 

3 days after being hired.’’. 

4 (e) HARASSMENT AND EMPLOYMENT DISCRIMINA5 TION POLICIES AND DIRECTIVES.—The Secretary of Vet6 erans Affairs shall— 

7 (1) by not later than September 30, 2021, and 

8 on a regular basis thereafter, review the policies re9 lating to sexual and other harassment and employ10 ment discrimination of the Department of Veterans 

11 Affairs to ensure that such policies are complete and 

12 in accordance with the sexual and other harassment 

13 and employment discrimination policies established 

14 by the Office of Resolution Management of the De15 partment, or such successor office; and 

16 (2) by not later than 180 days after the date 

17 of the enactment of this Act, issue a final directive 

18 and a handbook for the Harassment Prevention Pro19 gram of the Department. 

20 (f) REPORTS.—Not later than 180 days after the 

21 date of the enactment of this Act, and semiannually there22 after for one year, the Secretary of Veterans Affairs shall 

23 submit to the Committees on Veterans’ Affairs of the 

24 House of Representatives and the Senate a report on the 

25 progress the Secretary has made in carrying out this secVerDate Sep 11 2014 21:13 May 17, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2704.RH H2704

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1 tion and section 516 of title 38, United States Code, as 

2 amended by this section, including with respect to report3 ing sexual and other harassment and employment dis4 crimination complaints pursuant to subsection (a)(2) of 

5 such section 516. 


pamtmann on DSKBC07HB2PROD with BILLS
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 

purposes. Department of Veterans Affairs, and for other the equal employment opportunity functions of 

MAY 17, 2021 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pamtmann on DSKBC07HB2PROD with BILLS