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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Department of Veterans Affairs
Employment Discrimination Resolution and Adjudication 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 subchapter I the following new
section:
''Sec. 516. Equal employment responsibilities
''(a) The Secretary shall provide that the employment
discrimination complaint resolution system within the Department be
established and administered so as to encourage 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 interested 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 complaints of employment
discrimination shall be supervised in those functions by, and
report to, an Assistant Secretary or a Deputy Assistant
Secretary for complaint resolution management; and
''(2) that employees performing employment discrimination
complaint resolution functions at a facility of the Department
shall not be subject to the authority, 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 disciplinary measures,
as authorized by law, in the case of employees 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 exceed 40 full-time equivalent
employees. Any such employee may be assigned equal employment
opportunity counseling functions only at Department facilities in
remote geographic locations (as determined by the Secretary). The
Secretary may waive the limitation in the preceding sentence 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 Opportunity Commission.''.
(2) The table of sections at the beginning of such chapter 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 implementation and operation of
the equal employment opportunity 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 Secretary in relation to the equal employment
opportunity system within the Department of Veterans Affairs.

SEC. 3. DISCRIMINATION COMPLAINT ADJUDICATION AUTHORITY 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:
''Sec. 319. Office of Employment Discrimination Complaint Adjudication
''(a)(1) There is in the Department an Office of Employment
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 responsibility 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 employee, or an applicant for
employment, with the Department. The Director shall make such decisions
in an impartial and objective manner.
''(2) No person may make any ex parte communication 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 retaliatory action directly to the
Secretary or Deputy Secretary, 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 Discrimination 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 chapter 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 Adjudication 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
Congress 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 submitted 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 EMPLOYMENT OPPORTUNITY AND
SEXUAL HARASSMENT PROCEDURES WITHIN THE DEPARTMENT OF
VETERANS AFFAIRS.

(a) Establishment.--There is hereby established a panel to review
the equal employment opportunity and sexual harassment practices and
procedures within the Department of Veterans Affairs and to make
recommendations on improvements to those practices and procedures.
(b) Panel Functions Relating to Equal Employment 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 culture. As part of the
review, the panel shall do the following:
(1) Determine whether laws relating to equal employment
opportunity and sexual harassment, as those laws apply to the
Department of Veterans Affairs, and regulations and policy
directives of the Department 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 Veterans Affairs,
relevant studies, and private sector training and reporting
concepts as those practices, studies, and concepts pertain to
equal employment opportunity, sexual misconduct, and sexual
harassment policies and enforcement.
(3) Provide an independent assessment of the Report on the
Equal Employment Opportunity Complaint 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, particularly in
the area of personnel policy management.
(2) Extensive experience with equal employment opportunity
complaint procedures, either within Federal or State government
or in the private sector.
(3) Extensive knowledge of the Department of Veterans
Affairs, and particularly knowledge of personnel 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 Committees on Veterans'
Affairs of the Senate and House of Representatives. 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 performance 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 outlined 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 terminate 60 days after
the date on which it submits its final report under subsection (e)(2).

Passed the House of Representatives October 6, 1997.

Attest:

ROBIN H. CARLE,

Clerk.
A:
Department of Veterans Affairs Employment Discrimination Resolution and Adjudication Act - Directs the Secretary of Veterans Affairs to provide that the employment discrimination complaint resolution system within the Department of Veterans Affairs be established and administered so as to encourage timely and fair resolution of concerns and complaints and that the system is administered in an objective, fair, and effective manner as perceived by Department employees. Directs the Secretary to impose appropriate disciplinary measures for Department employees who engage in unlawful employment discrimination, including retaliation against employees asserting equal employment opportunity (EEO) rights. Limits to 40 the number of Department employees whose duties include EEO counseling functions as well as other unrelated functions. Allows such splitting of functions only at Department facilities located in remote geographic locations. Directs the Secretary to submit to the Congress reports on the implementation and operation of the EEO system within the Department.
Establishes in the Department an Office of Employment Discrimination Complaint Adjudication headed by a Director who shall be responsible for making final agency decisions on the merits of any unlawful employment discrimination complaints filed by a Department employee. Requires the Director to report to the Secretary or Deputy Secretary of Veterans Affairs when the Director has reason to believe that there has been retaliation against an employee asserting EEO rights. Requires the Director to submit to the Secretary and the Congress reports on the implementation and operation of the Office.
Establishes an independent panel to review and report to the veterans' committees on the EEO and sexual harassment practices and procedures within the Department and to make recommendations on improvements.