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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Improving VA Ac3 countability To Prevent Sexual Harassment and Discrimi4 nation Act of 2021’’. 

5 SEC. 2. IMPROVEMENTS TO EQUAL EMPLOYMENT OPPOR6 TUNITY FUNCTIONS OF DEPARTMENT OF 

7 VETERANS AFFAIRS. 

8 (a) ALIGNMENT OF EEO DIRECTOR.— 

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

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

11 amended— 

12 (A) by striking ‘‘The provisions’’ and in13 serting ‘‘(1) The provisions’’; and 

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

15 paragraph: 

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

17 of the enactment of this paragraph, in carrying out para18 graph (1), the Secretary shall ensure that the official of 

19 the Department who serves as the Equal Employment Op20 portunity Director of the Department— 

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

22 with respect to the functions under this section; and 

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

24 responsibility over personnel functions of the De25 partment or other functions that conflict with the 

26 functions under this section.’’. 


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1 (2) CONFORMING AMENDMENTS.—Such section 

2 is further amended— 

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

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

5 Assistant Secretary or a Deputy Assistant Sec6 retary’’; and 

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

8 ‘‘the Assistant Secretary for Human Resources 

9 and Administration’’ and inserting ‘‘the Sec10 retary’’. 

11 (b) ALIGNMENT OF EEO PROGRAM MANAGERS.— 

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

13 following new subsection: 

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

15 December 31, 2021, the Secretary of Veterans Affairs 

16 shall ensure that each Equal Employment Opportunity 

17 program manager of the Department at the facility level 

18 reports to the head of the Office of Resolution Manage19 ment, or such successor office established pursuant to sub20 section (a), with respect to the equal employment func21 tions of the program manager.’’. 

22 (c) REPORTING HARASSMENT AND EMPLOYMENT

23 DISCRIMINATION COMPLAINTS.—Subsection (a) of such 

24 section 516 is amended— 


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

2 ‘‘(1) The Secretary’’; and 

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

4 paragraph: 

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

6 discrimination complaint resolution system established 

7 under paragraph (1) requires that any manager of the De8 partment who receives a sexual or other harassment or 

9 employment discrimination complaint reports such com10 plaint to the Office of Resolution Management, or such 

11 successor office, immediately, or if such immediate report12 ing is impracticable, not later than two business days after 

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

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

15 is amended by adding at the end the following new sen16 tence: ‘‘Beginning not later than September 30, 2021, the 

17 Secretary shall provide to each employee of the Depart18 ment mandatory annual training on identifying and ad19 dressing sexual and other harassment and employment 

20 discrimination, including with respect to processes under 

21 the Harassment Prevention Program of the Department, 

22 or such successor program. An employee of the Depart23 ment who is hired on or after such date shall receive the 

24 first such mandatory annual training not later than 60 

25 days after being hired.’’. 


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1 (e) HARASSMENT AND EMPLOYMENT DISCRIMINA2 TION POLICIES AND DIRECTIVES.—The Secretary of Vet3 erans Affairs shall— 

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

5 on a regular basis thereafter, review the policies re6 lating to sexual and other harassment and employ7 ment discrimination of the Department of Veterans 

8 Affairs to ensure that such policies are complete and 

9 in accordance with the sexual and other harassment 

10 and employment discrimination policies established 

11 by the Office of Resolution Management of the De12 partment, or such successor office; and 

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

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

15 and a handbook for the Harassment Prevention Pro16 gram of the Department. 

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

18 date of the enactment of this Act, and semiannually there19 after for one year, the Secretary of Veterans Affairs shall 

20 submit to the Committees on Veterans’ Affairs of the 

21 House of Representatives and the Senate a report on the 

22 progress the Secretary has made in carrying out this sec23 tion and section 516 of title 38, United States Code, as 

24 amended by this section, including with respect to report25 ing sexual and other harassment and employment disVerDate Sep 11 2014 03:13 May 20, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2704.RFS H2704

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1 crimination complaints pursuant to subsection (a)(2) of 

2 such section 516. 

Passed the House of Representatives May 18, 2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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