[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1243 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1243

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 SENATE OF THE UNITED STATES

                             April 20, 2021

 Ms. Ernst (for herself and Ms. Hassan) introduced the following bill; 
which was read twice and 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving VA Accountability To 
Prevent Sexual Harassment and Discrimination Act of 2021''.

SEC. 2. IMPROVEMENTS TO EQUAL EMPLOYMENT OPPORTUNITY FUNCTIONS OF 
              DEPARTMENT OF VETERANS AFFAIRS.

    (a) Alignment of Equal Employment Opportunity Director.--
            (1) Reporting and duties.--Subsection (h) of section 516 of 
        title 38, United States Code, is amended--
                    (A) by striking ``The provisions'' and inserting 
                ``(1) The provisions''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) Beginning not later than 90 days after the date of the 
enactment of the Improving VA Accountability To Prevent Sexual 
Harassment and Discrimination Act of 2021, in carrying out paragraph 
(1), the Secretary shall ensure that the official of the Department who 
serves as the Equal Employment Opportunity Director of the Department--
            ``(A) reports directly to the Deputy Secretary with respect 
        to the functions under this section; and
            ``(B) does not also serve in a position that has 
        responsibility over personnel functions of the Department or 
        other functions that conflict with the functions under this 
        section.''.
            (2) Conforming amendments.--Such section is further 
        amended--
                    (A) in subsection (b)(1), by inserting ``, in 
                accordance with subsection (h)(2),'' after ``an 
                Assistant Secretary or a Deputy Assistant Secretary''; 
                and
                    (B) in subsection (e)(1)(A), by striking ``the 
                Assistant Secretary for Human Resources and 
                Administration'' and inserting ``the Secretary''.
    (b) Alignment of EEO Program Managers.--Such section is further 
amended by adding at the end the following new subsection:
    ``(i) In accordance with subsection (b), not later than December 
31, 2021, the Secretary shall ensure that each Equal Employment 
Opportunity program manager of the Department at the facility level 
reports to the head of the Office of Resolution Management, or such 
successor office established pursuant to subsection (a), with respect 
to the equal employment functions of the program manager.''.
    (c) Reporting Harassment and Employment Discrimination 
Complaints.--Subsection (a) of such section is amended--
            (1) by striking ``The Secretary'' and inserting ``(1) The 
        Secretary''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The Secretary shall ensure that the employment discrimination 
complaint resolution system established under paragraph (1) requires 
that any manager of the Department who receives a sexual or other 
harassment or employment discrimination complaint reports such 
complaint to the Office of Resolution Management, or successor office, 
immediately, or if such immediate reporting is impracticable, not later 
than two days after the date on which the manager receives the 
complaint.''.
    (d) Training.--Subsection (c) of such section is amended--
            (1) by inserting ``(1)'' before ``The Secretary''; and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) Beginning not later than September 30, 2021, the Secretary 
shall provide to each employee of the Department mandatory annual 
training on identifying and addressing sexual and other harassment and 
employment discrimination, including with respect to processes under 
the Harassment Prevention Program of the Department, or such successor 
program.
    ``(B) An employee of the Department who is hired on or after such 
date shall receive the first such mandatory annual training not later 
than 60 days after being hired.''.
    (e) Harassment and Employment Discrimination Policies and 
Directives.--The Secretary of Veterans Affairs shall--
            (1) by not later than September 30, 2021, and on a regular 
        basis thereafter, review the policies relating to sexual and 
        other harassment and employment discrimination of the 
        Department of Veterans Affairs to ensure that such policies are 
        complete and in accordance with the sexual and other harassment 
        and employment discrimination policies established by the 
        Office of Resolution Management of the Department, or successor 
        office; and
            (2) by not later than 180 days after the date of the 
        enactment of this Act, issue a final directive and a handbook 
        for the Harassment Prevention Program of the Department.
    (f) Semiannual Reports.--Not later than 180 days after the date of 
the enactment of this Act, and semiannually thereafter for one year, 
the Secretary of Veterans Affairs shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives a report on the progress the Secretary 
has made in carrying out this section and section 516 of title 38, 
United States Code, as amended by this section, including with respect 
to reporting sexual and other harassment and employment discrimination 
complaints pursuant to subsection (a)(2) of such section 516.
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