Union Calendar No. 166
105TH CONGRESS
1ST SESSION
H. R. 1703
[Report No. 105–292]
A BILL
To amend title 38, United States Code, to provide
for improved and expedited procedures for resolv-
ing complaints of unlawful employment discrimi-
nation arising within the Department of Veterans
Affairs.
OCTOBER 2, 1997
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed
IB
Union Calendar No. 166
105TH CONGRESS
1ST SESSION
H. R. 1703
[Report No. 105–292]
To amend title 38, United States Code, to provide for improved and expedited
procedures for resolving complaints of unlawful employment discrimina-
tion arising within the Department of Veterans Affairs.
IN THE HOUSE OF REPRESENTATIVES
MAY 22, 1997
Mr. EVERETT (for himself, Mr. EVANS, Mr. STUMP, Mr. CLYBURN, Mr. BILI-
RAKIS, and Mr. BUYER) introduced the following bill; which was referred
to the Committee on Veterans’ Affairs
OCTOBER 2, 1997
Additional sponsors: Mr. MASCARA, Mr. GUTIERREZ, Mr. DOYLE, Mr.
FILNER, Mr. SPENCE, Mr. OLVER, Mr. REYES, Mr. SNYDER, Mr. SMITH
of New Jersey, and Mr. PASCRELL
OCTOBER 2, 1997
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 22, 1997]
A BILL
To amend title 38, United States Code, to provide for im-
proved and expedited procedures for resolving complaints
of unlawful employment discrimination arising within the
Department of Veterans Affairs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Department of Veterans
Affairs Employment Discrimination Resolution and Adju-
dication Act’’.
SEC. 2. EQUAL EMPLOYMENT RESPONSIBILITIES IN THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—(1) Chapter 5 of title 38, United
States Code, is amended by inserting at the end of sub-
chapter I the following new section:
‘‘§ 516. Equal employment responsibilities
‘‘(a) The Secretary shall provide that the employment
discrimination complaint resolution system within the De-
partment be established and administered so as to encour-
age timely and fair resolution of concerns and complaints.
The Secretary shall take steps to ensure that the system is
administered in an objective, fair, and effective manner and
in a manner that is perceived by employees and other inter-
ested parties as being objective, fair, and effective.
‘‘(b) The Secretary shall provide—
‘‘(1) that employees responsible for counseling
functions associated with employment discrimination
and for receiving, investigating, and processing com-
plaints of employment discrimination shall be super-
vised in those functions by, and report to, an Assist-
ant Secretary or a Deputy Assistant Secretary for
complaint resolution management; and
‘‘(2) that employees performing employment dis-
crimination complaint resolution functions at a facil-
ity of the Department shall not be subject to the au-
thority, direction, and control of the Director of the
facility with respect to those functions.
‘‘(c) The Secretary shall ensure that all employees of
the Department receive adequate education and training for
the purposes of this section and section 319 of this title.
‘‘(d) The Secretary shall impose appropriate discipli-
nary measures, as authorized by law, in the case of employ-
ees of the Department who engage in unlawful employment
discrimination, including retaliation against an employee
asserting rights under an equal employment opportunity
law.
‘‘(e) The number of employees of the Department whose
duties include equal employment opportunity counseling
functions as well as other, unrelated functions may not ex-
ceed 40 full-time equivalent employees. Any such employee
may be assigned equal employment opportunity counseling
functions only at Department facilities in remote geo-
graphic locations (as determined by the Secretary). The
Secretary may waive the limitation in the preceding sen-
tence in specific cases.
‘‘(f) The provisions of this section shall be implemented
in a manner consistent with procedures applicable under
regulations prescribed by the Equal Employment Oppor-
tunity Commission.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
515 the following new item:
‘‘516. Equal employment responsibilities.’’.
(b) REPORTS ON IMPLEMENTATION.—The Secretary of
Veterans Affairs shall submit to Congress reports on the im-
plementation and operation of the equal employment oppor-
tunity system within the Department of Veterans Affairs.
The first such report shall be submitted not later than April
1, 1998, and subsequent reports shall be submitted not later
than January 1, 1999, and January 1, 2000. Each such
report shall set forth the actions taken by the Secretary to
implement section 516 of title 38, United States Code, as
added by subsection (a), and other actions taken by the Sec-
retary in relation to the equal employment opportunity sys-
tem within the Department of Veterans Affairs.
SEC. 3. DISCRIMINATION COMPLAINT ADJUDICATION AU-
THORITY IN THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) IN GENERAL.—(1) Chapter 3 of title 38, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 319. Office of Employment Discrimination Com-
plaint Adjudication
‘‘(a)(1) There is in the Department an Office of Em-
ployment Discrimination Complaint Adjudication. There is
at the head of the Office a Director.
‘‘(2) The Director shall be a career appointee in the
Senior Executive Service.
‘‘(3) The Director reports directly to the Secretary or
the Deputy Secretary concerning matters within the respon-
sibility of the Office.
‘‘(b)(1) The Director is responsible for making the final
agency decision within the Department on the merits of any
employment discrimination complaint filed by an em-
ployee, or an applicant for employment, with the Depart-
ment. The Director shall make such decisions in an impar-
tial and objective manner.
‘‘(2) No person may make any ex parte communica-
tion to the Director or to any employee of the Office with
respect to a matter on which the Director has responsibility
for making a final agency decision.
‘‘(c) Whenever the Director has reason to believe that
there has been retaliation against an employee by reason
of the employee asserting rights under an equal employment
opportunity law, the Director shall report the suspected re-
taliatory action directly to the Secretary or Deputy Sec-
retary, who shall take appropriate action thereon.
‘‘(d)(1) The Office shall employ a sufficient number of
attorneys and other personnel as are necessary to carry out
the functions of the Office. Attorneys shall be compensated
at a level commensurate with attorneys employed by the
Office of General Counsel.
‘‘(2) The Secretary shall ensure that the Director is
furnished sufficient resources in addition to personnel
under paragraph (1) to enable the Director to carry out
the functions of the Office in a timely manner.
‘‘(3) The Secretary shall ensure that any performance
appraisal of the Director of the Office of Employment Dis-
crimination Complaint Adjudication or of any employee of
the Office does not take into consideration the record of the
Director or employee in deciding cases for or against the
Department.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘319. Office of Employment Discrimination Complaint Adjudication.’’.
(b) REPORTS ON IMPLEMENTATION.—The Director of
the Office of Employment Discrimination Complaint Adju-
dication of the Department of Veterans Affairs (established
by section 319 of title 38, United States Code, as added
by subsection (a)) shall submit to the Secretary and to Con-
gress reports on the implementation and the operation of
that office. The first such report shall be submitted not later
than April 1, 1998, and subsequent reports shall be submit-
ted not later than January 1, 1999, and January 1, 2000.
SEC. 4. EFFECTIVE DATE.
Sections 516 and 319 of title 38, United States Code,
as added by sections 2 and 3 of this Act, shall take effect
90 days after the date of the enactment of this Act.
SEC. 5. INDEPENDENT PANEL TO REVIEW EQUAL EMPLOY-
MENT OPPORTUNITY AND SEXUAL HARASS-
MENT PROCEDURES WITHIN THE DEPART-
MENT OF VETERANS AFFAIRS.
(a) ESTABLISHMENT.—There is hereby established a
panel to review the equal employment opportunity and sex-
ual harassment practices and procedures within the De-
partment of Veterans Affairs and to make recommendations
on improvements to those practices and procedures.
(b) PANEL FUNCTIONS RELATING TO EQUAL EMPLOY-
MENT OPPORTUNITY
AND SEXUAL HARASSMENT.—The
panel shall assess the culture of the Department of Veterans
Affairs in relationship to the issues of equal employment
opportunity and sexual harassment, determine the effect of
that culture on the operation of the Department overall, and
provide recommendations as necessary to change that cul-
ture. As part of the review, the panel shall do the following:
(1) Determine whether laws relating to equal em-
ployment opportunity and sexual harassment, as
those laws apply to the Department of Veterans Af-
fairs, and regulations and policy directives of the De-
partment relating to equal employment opportunity
and sexual harassment have been consistently and
fairly applied throughout the Department and make
recommendations to correct any disparities.
(2) Review practices of the Department of Veter-
ans Affairs, relevant studies, and private sector train-
ing and reporting concepts as those practices, studies,
and concepts pertain to equal employment oppor-
tunity, sexual misconduct, and sexual harassment
policies and enforcement.
(3) Provide an independent assessment of the Re-
port on the Equal Employment Opportunity Com-
plaint Process Review Task Force of the Department.
(c) COMPOSITION.—(1) The panel shall be composed
of six members, appointed as follows:
(A) Three members shall be appointed jointly by
the chairman and ranking minority party member of
the Committee on Veterans’ Affairs of the House of
Representatives.
(B) Three members shall be appointed jointly by
the chairman and ranking minority party member of
the Committee on Veterans’ Affairs of the Senate.
(2) The members of the panel shall choose one of the
members to chair the panel.
(d) QUALIFICATIONS.—Members of the panel shall be
appointed from among private United States citizens with
knowledge and expertise in one or more of the following:
(1) Extensive prior military experience, particu-
larly in the area of personnel policy management.
(2) Extensive experience with equal employment
opportunity complaint procedures, either within Fed-
eral or State government or in the private sector.
(3) Extensive knowledge of the Department of
Veterans Affairs, and particularly knowledge of per-
sonnel practices within the Department.
(e) REPORTS.—(1) Not later than six months after the
members of the panel are appointed, the panel shall submit
an interim report on its findings and conclusions to the
Committees on Veterans’ Affairs of the Senate and House
of Representatives.
(2) Not later than one year after establishment of the
panel, the panel shall submit a final report to the Commit-
tees on Veterans’ Affairs of the Senate and House of Rep-
resentatives. The final report shall include an assessment
of the equal employment opportunity system and the culture
within the Department of Veterans Affairs, with particular
emphasis on sexual harassment. The panel shall include in
the report recommendations to improve the culture within
the Department.
(f) PAY
AND EXPENSES
OF MEMBERS.—(1) Each
member of the panel shall be paid at a rate equal to the
daily equivalent of the annual rate of basic pay payable
for level IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day (including travel
time) during which the member is engaged in the perform-
ance of the duties of the panel.
(2) The members of the panel shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the panel.
(g) ADMINISTRATIVE SUPPORT.—The Chairman may
hire such staff as necessary to accomplish the duties out-
lined under this title.
(h) FUNDING.—The Secretary of Veterans Affairs shall,
upon the request of the panel, make available to the panel
such amounts as the panel may require, not to exceed
$400,000, to carry out its duties under this title.
(i) TERMINATION OF PANEL.—The panel shall termi-
nate 60 days after the date on which it submits its final
report under subsection (e)(2).
Amend the title so as to read: ‘‘A bill to amend title
38, United States Code, to provide for improvements in
the system of the Department of Veterans Affairs for res-
olution and adjudication of complaints of employment
discrimination.’’.