I 

117TH CONGRESS 

1ST SESSION H. R. 2704 

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 

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. 

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’’. 


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1 SEC. 2. IMPROVEMENTS TO EQUAL EMPLOYMENT OPPOR2 TUNITY FUNCTIONS OF DEPARTMENT OF 

3 VETERANS AFFAIRS. 

4 (a) ALIGNMENT OF EEO DIRECTOR.— 

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

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

7 amended— 

8 (A) by striking ‘‘The provisions’’ and in9 serting ‘‘(1) The provisions’’; and 

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

11 paragraph: 

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

13 of the enactment of this paragraph, in carrying out para14 graph (1), the Secretary shall ensure that the official of 

15 the Department who serves as the Equal Employment Op16 portunity Director of the Department— 

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

18 with respect to the functions under this section; and 

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

20 responsibility over personnel functions of the De21 partment or other functions that conflict with the 

22 functions under this section.’’. 

23 (2) CONFORMING AMENDMENTS.—Such section 

24 is further amended— 

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

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


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1 Assistant Secretary or a Deputy Assistant Sec2 retary’’; and 

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

4 ‘‘the Assistant Secretary for Human Resources 

5 and Administration’’ and inserting ‘‘the Sec6 retary’’. 

7 (b) ALIGNMENT OF EEO PROGRAM MANAGERS.— 

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

9 following new subsection: 

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

11 December 31, 2021, the Secretary of Veterans Affairs 

12 shall ensure that each Equal Employment Opportunity 

13 program manager of the Department at the facility level 

14 reports to the head of the Office of Resolution Manage15 ment, or such successor office established pursuant to sub16 section (a), with respect to the equal employment func17 tions of the program manager.’’. 

18 (c) REPORTING HARASSMENT AND EMPLOYMENT

19 DISCRIMINATION COMPLAINTS.—Subsection (a) of such 

20 section 516 is amended— 

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

22 ‘‘(1) The Secretary’’; and 

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

24 paragraph: 


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

2 discrimination complaint resolution system established 

3 under paragraph (1) requires that any manager of the De4 partment who receives a sexual or other harassment or 

5 employment discrimination complaint reports such com6 plaint to the Office of Resolution Management, or such 

7 successor office, immediately, or if such immediate report8 ing is impracticable, not later than two business days after 

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

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

11 is amended by adding at the end the following new sen12 tence: ‘‘Beginning not later than September 30, 2021, the 

13 Secretary shall provide to each employee of the Depart14 ment mandatory annual training on identifying and ad15 dressing sexual and other harassment and employment 

16 discrimination, including with respect to processes under 

17 the Harassment Prevention Program of the Department, 

18 or such successor program. An employee of the Depart19 ment who is hired on or after such date shall receive the 

20 first such mandatory annual training not later than 60 

21 days after being hired.’’. 

22 (e) HARASSMENT AND EMPLOYMENT DISCRIMINA23 TION POLICIES AND DIRECTIVES.—The Secretary of Vet24 erans Affairs shall— 


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

2 on a regular basis thereafter, review the policies re3 lating to sexual and other harassment and employ4 ment discrimination of the Department of Veterans 

5 Affairs to ensure that such policies are complete and 

6 in accordance with the sexual and other harassment 

7 and employment discrimination policies established 

8 by the Office of Resolution Management of the De9 partment, or such successor office; and 

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

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

12 and a handbook for the Harassment Prevention Pro13 gram of the Department. 

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

15 date of the enactment of this Act, and semiannually there16 after for one year, the Secretary of Veterans Affairs shall 

17 submit to the Committees on Veterans’ Affairs of the 

18 House of Representatives and the Senate a report on the 

19 progress the Secretary has made in carrying out this sec20 tion and section 516 of title 38, United States Code, as 

21 amended by this section, including with respect to report22 ing sexual and other harassment and employment dis23 crimination complaints pursuant to subsection (a)(2) of 

24 such section 516. 

Æ 


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