[Congressional Record Volume 143, Number 137 (Monday, October 6, 1997)]
[House]
[Pages H8369-H8373]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF VETERANS AFFAIRS EMPLOYMENT DISCRIMINATION RESOLUTION AND
ADJUDICATION ACT
Mr. STUMP. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 1703) to amend title 38, United States Code, to provide for
improved and expedited procedures for resolving complaints of unlawful
employment discrimination arising within the Department of Veterans
Affairs, as amended.
The Clerk read as follows:
H.R. 1703
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 ``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.
[[Page H8370]]
(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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona [Mr. Stump] and the gentleman from Illinois [Mr. Evans] each
will control 20 minutes.
The Chair recognizes the gentleman from Arizona [Mr. Stump].
(Mr. STUMP asked and was given permission to revise and extend his
remarks.)
General Leave
Mr. STUMP. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on H.R. 1703.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. STUMP. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, H.R. 1703 is the bipartisan equal employment
opportunity reform bill for the VA. Many committee members from both
sides of the aisle contributed to this bill.
Madam Speaker, I reserve the balance of my time.
Mr. EVANS. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, as my colleagues know, the problem of sexual
harassment is not new to our society or our Federal work force. It has
only been in the past decade or so, however, that Congress has begun to
truly recognize the depths of the problem and attempted to eliminate it
from our workplace.
Recent testimony before the House Veterans' Affairs Subcommittee on
Oversight and Investigations has shown that sexual harassment has been
far too commonplace at the VA over the past few years. Despite what I
consider to be sincere efforts of VA Secretary Jesse Brown and his
successor, Hershel Gober, VA's ``zero tolerance'' policy against sexual
harassment has failed.
VA's zero tolerance policy was placed in effect in 1993 after the
Subcommittee on Oversight's hearings showed a seriously flawed EEO
process and a culture of tolerance toward sexual harassment at the VA.
I chaired those hearings back then, and I also fought to overhaul the
EEO process within the VA at that time.
Thanks to the collective efforts of our past chairman, Sonny
Montgomery, the gentleman from Arizona [Mr. Stump], our current
chairman, the gentleman from North Carolina [Mr. Clyburn], the
subcommittee chairman, and the gentleman from Florida [Mr. Bilirakis],
and others, the House passed legislation during the 103d Congress that
is nearly identical to the bill that we are considering today.
Given the promises of comprehensive Government-wide EEO reform,
however, the Senate did not act on this piece of legislation. Nearly 5
years later, there has been no Government-wide reform of this process,
there have been no major overhauls of the VA's administrative process,
and VA's well-intentioned zero tolerance policy has proven to be
ineffective.
But thanks to the leadership of VA's Oversight Subcommittee Chairman,
Terry Everett, the Committee on Veterans' Affairs has continued to keep
a watchful eye on the VA's efforts to eliminate sexual harassment in
the workplace. Joined by the gentleman from North Carolina [Mr.
Clyburn] and Republicans, the gentleman from Florida [Mr. Bilirakis],
the gentleman from Indiana [Mr. Buyer], and the gentleman from Arizona
[Mr. Stump], Terry and I introduced this bipartisan legislation that we
are considering today on the floor of the House.
I commend the gentleman from Alabama, [Mr. Everett], for fighting the
good fight, and I look forward to the passage of this legislation this
afternoon.
{time} 1445
No one should think that we in Congress will be able to completely
end sexual harassment, discrimination and abuse at the VA or anywhere
else. Still, we can play a significant role in bringing renewed
professionalism, independence and objectivity to the EEO process at the
VA, and that is exactly what we will do by enacting H.R. 1703.
By removing the EEO complaint process from the facility where the
discrimination allegedly occurred, this legislation limits the ability
of heavy-handed facility directors to unfairly influence the
discrimination complaint process. By removing the final agency
decision-making authority from the VA's office, this legislation
eliminates the obvious conflict of interest created when the general
counsel is expected to be an advocate for the VA on one hand, and to
decide the merits of discrimination complaints against the department
on the other hand.
By enacting this bill, we can address these serious flaws and bring
renewed independence, objectivity and professionalism to the EEO
process at the VA.
I am pleased to say that VA Secretary Hershel Gober has acknowledged
that the VA's current EEO process is flawed and in need of reform. In
anticipation of this legislation and similar legislation in the Senate,
Mr. Gober has already initiated administrative changes to the EEO
process which would bring the department much of the way toward
achieving the reforms originally proposed in 1993. I applaud his
leadership and his demonstrated level of commitment on this issue, but
it is still up to Congress to make sure that the VA does all the work
it needs to do for this issue to be addressed.
The Congress cannot and should not be expected to wait any longer for
meaningful reform of the EEO process within the VA. More importantly,
this Nation's veterans and the VA employees dedicated to serving them
cannot be expected to wait any longer for meaningful action and honest
reform to come to the EEO process at the VA.
By enacting H.R. 1703, we in Congress can help put the VA back on the
path toward restoring employee trust and eradicating discrimination in
the workplace. Our veterans and VA employees deserve no less.
Madam Speaker, I reserve the balance of my time.
Mr. STUMP. Mr. Speaker, I yield such time as he may consume to the
gentleman from Alabama [Mr. Everett], the chairman of the Subcommittee
on Oversight and Investigations.
[[Page H8371]]
(Mr. EVERETT asked and was given permission to revise and extend his
remarks.)
Mr. EVERETT. Mr. Speaker, I rise in strong support of H.R. 1703, as
amended, the Department of Veterans Affairs Employment Discrimination
Resolution and Adjudication Act.
This legislation has grown out of oversight activities of the
Committee on Veterans' Affairs Subcommittee on Oversight and
Investigations which was reestablished at the beginning of this
session. I will outline the bill shortly, but first I want to give my
colleagues some background on issues which led to it.
In 1993, as a result of committee hearings led by the gentleman from
Illinois [Mr. Evans] on serious sexual harassment cases at the Atlanta
VA Medical Center and elsewhere, the House passed a bipartisan bill,
H.R. 1032, to strengthen the VA's EEO system. The gentleman from
Illinois [Mr. Evans], now our committee's ranking Democrat, was one of
the authors of that bill.
The VA opposed the bill and it died in the Senate, as the gentleman
from Illinois has indicated. Nevertheless, the VA promised to address
the EEO problems the committee had identified. To make a long story
short, it did not happen.
Then came Fayetteville earlier this year. This past April 17, the
Subcommittee on Oversight and Investigations, at the request of the
gentleman from Florida [Mr. Bilirakis], an active member of our
committee, held a hearing on allegations of sexual harassment and other
abusive treatment of employees at the Fayetteville VA Medical Center in
North Carolina. Five courageous women came before the subcommittee to
tell us, under oath, what had happened there. It of course differed in
details, but essentially it was Atlanta all over again.
The testimony showed that the influence and control the former
director at Fayetteville had over EEO complaint processing had
discouraged VA employees from filing complaints and had prevented those
who did from getting a fair hearing. Mr. Speaker, we heard testimony
that the women, one of the women involved actually heard the EEO
officer, who was the director, laugh at the complaints that had been
filed. Obviously, the problems that the Atlanta case have revealed in
the VA EEO system still remain.
As a consequence, the gentleman from Illinois [Mr. Evans]; the
gentleman from South Carolina [Mr. Clyburn], the subcommittee's ranking
Democrat; the gentleman from Arizona [Mr. Stump], the chairman of the
full committee; the gentleman from Florida [Mr. Bilirakis]; and the
gentleman from Indiana [Mr. Buyer] have joined me in introducing H.R.
1703, a virtually identical bill to H.R. 1032. Down in Alabama we have
a saying: ``Fool me once, shame on you; fool me twice, shame on me,''
and that is the reason we feel this legislation ought to go into law. I
feel I speak for the cosponsors of the bill when I say we firmly
believe that the needed EEO reforms at the VA should be a matter of
law.
Mr. Speaker, H.R. 1703, as amended, will require the VA to establish
a new EEO complaint resolution system separate from the facility
management. It would also require the VA to establish a new,
independent final decision-making office for the EEO cases. The
director of the office will report directly to the VA's Secretary or
Deputy Secretary. The bill would obligate the VA to report regularly to
Congress on its progress in implementing the new provisions and on the
operation of the new EEO system.
Finally, the bill would establish an independent panel to determine
the extent of VA's hostile working environment for women and other VA
employees.
Mr. Speaker, before concluding, I want to thank our distinguished
Committee on Veterans Affairs chairman, the gentleman from Arizona [Mr.
Stump], for his support and vigorous oversight of the VA, for giving
H.R. 1703, as amended, a high priority, and for bringing it so quickly
to the floor. Also, I particularly want to mention the gentleman from
Illinois [Mr. Evans] and the gentleman from South Carolina [Mr.
Clyburn] for their hard work and personal involvement in this
legislation. I want to commend the gentleman from Indiana [Mr. Buyer]
for his leadership on both the Committee on Veterans Affairs and the
Committee on National Security on this issue. The gentleman from
Florida [Mr. Bilirakis], as well, has been tireless in his efforts to
promote these reforms the VA needs so much for its employees.
Our bipartisan bill will not solve every EEO problem, but I believe
it will go a long way toward restoring competence of VA employees in
the Department's EEO system. Therefore, I strongly urge my colleagues
to act favorably on H.R. 1703, as amended.
Mr. Speaker, I just received word that the VA has just announced that
the administration has no objection to the House passage of H.R. 1703.
Mr. Speaker, I rise in support of H.R. 1703, as amended, the
Department of Veterans Affairs Employment Discrimination Resolution and
Adjudication Act.
This legislation has grown out of the oversight activities of the
Veterans' Affairs Subcommittee on Oversight and Investigations, which
was reestablished at the beginning of this season. I will outline the
bill shortly, but first I want to give my colleagues some background on
the issues which led to it.
In 1993, as the result of committee hearings on serious sexual
harassment cases at the Atlanta VA Medical Center and elsewhere, the
House passed a bipartisan bill, H.R. 1032, to strengthen the VA's equal
employment opportunity [EEO] system. Mr. Evans, now our committee's
ranking Democrat, was one of the authors of that bill.
The VA opposed the bill and it died in the Senate. Nonetheless, the
VA promised to address the EEO problems the committee had identified,
but, to make a long story short, it did not.
Then came Fayetteville earlier this year. This past April 17, the
Subcommittee on Oversight and Investigations, at the request of Mr.
Bilirakis, an active member of our committee, held a hearing on
allegations of sexual harassment and other abusive treatment of
employees at the Fayetteville VA Medical Center in North Carolina. Five
courageous women came before the subcommittee to tell us under oath
what had happened there.
It of course differed in the details, but essentially it was Atlanta
all over again. And to make matters even worse, the VA had not
disciplined the medical center's former director, against whom the
allegations were made. Instead, he had been allowed to transfer at the
taxpayer's expense to a VA hospital in Florida, Bay Pines, near where
he owned a home and where a nonsupervisory job has been created
especially for him at a slightly higher salary than he had as a
hospital director. This ``Club Med'' treatment for an abusive boss
understandably outraged many employees at Fayetteville.
The subcommittee believed, based on the testimony it heard, that
there were probably more cases of harassment or abusive treatment of
employees, both women and men, at Fayetteville. As the chairman, I
asked the VA to do a more thorough investigation, which it did.
Unfortunately, our concerns proved well founded, and many additional
cases came to light. While Fayetteville has new management, we are
still monitoring VA's efforts to make the affected employees whole and
to restore morale. Some employees had actually been driven into
retirement under what amounted to duress in order to escape unbearable
working conditions.
When we asked employees at Fayetteville with sexual harassment cases
why they did not file discrimination complaints with the VA's EEO
system, they asked, ``How could we? The director was the hospital's EEO
officer and we had no confidence that anything would be done.'' One
witness testified that the director and the EEO manager would meet
after hours, discuss the EEO cases and laugh about them.
The testimony showed that the influence and control the former
director at Fayetteville had over EEO complaint processing was
discouraging VA employees from filing complaints and preventing those
who did from getting fair treatment. Obviously, the problems the
Atlanta cases had revealed in the VA's EEO system still remained.
As a consequence, Mr. Evans, Mr. Clyburn, the subcommittee's ranking
Democrat, Chairman Stump, Mr. Bilirakis and Mr. Buyer joined me in
introducing H.R. 1703, a virtually identical bill to H.R. 1032. Down in
Alabama, we have a saying, ``Fool me once, shame on you; fool me twice,
shame on me.''
Since we introduced the bill and before the follow up hearing we held
on July 17, the VA has taken significant administrative steps to do
much of what our bill would accomplish. We have had serious discussions
with the VA about their objections to various features of the bill and
have completely redrafted the bill without changing its objectives. The
Administration now has no objection to passage of the bill. I think I
speak for the bill's cosponsors when I say we firmly believe that the
needed EEO reforms at VA should be a matter of law.
[[Page H8372]]
Mr. Speaker, H.R. 1703, as amended, would require the VA to establish
a new EEO complaint resolution system separated from facility
management. It would also require the VA to establish a new, quasi-
independent final decision-making office of EEO cases. The director of
the office would report directly to the VA Secretary or Deputy
Secretary. The bill would obligate the VA to report back regularly to
Congress on its progress in implementing the new provisions and on the
operations of its new EEO system.
Finally, the bill would establish an independent panel to asses the
extent of this current problem within the VA.
Our bill is cost neutral. It requires changes in the way the VA
processes and decides EEO cases, but the VA has assured the committee
that it can accomplish these changes within its current budgetary
resources. Furthermore, the Congressional Budget Office estimates no
significant additional costs for a reformed EEO system at the VA.
Mr. Speaker, before concluding, I want to thank our distinguished
Veterans' Affairs Committee Chairman, Bob Stump, for his support of
vigorous oversight of the VA in order to ensure that our Nation's
veterans receive the benefits and services Congress has mandated, and
for giving H.R. 1703, as amended, a high priority and bringing it to
the floor so quickly.
Also, I particularly want to commend Mr. Evans and Mr. Clyburn for
their hard work and personal involvement in this legislation. I want to
commend Mr. Buyer for his leadership on both the Veterans' Affairs and
National Security Committees on these issues. Mr. Bilirakis as well has
been tireless in his efforts to promote the reforms needed so much too
improve the workplace for VA employees.
Our bipartisan bill would not solve every EEO problem, but I believe
it would go a long way toward restoring the confidence of VA employees
in the department's EEO system. Therefore, I strongly urge my
colleagues to act favorably on H.R. 1703, as amended.
Mr. EVANS. Mr. Speaker, I yield 4 minutes to the gentleman from South
Carolina [Mr. Clyburn], the ranking Democrat on the Subcommittee on
Oversight and Investigations.
Mr. CLYBURN. Mr. Speaker, I thank the gentleman for yielding me this
time.
Mr. Speaker, I rise today in strong support of H.R. 1703, as amended,
the Department of Veterans Affairs Employment Discrimination Resolution
and Adjudication Act.
The veterans oversight hearings chaired by the gentleman from Alabama
[Mr. Everett], my distinguished Republican colleague, have demonstrated
an extremely sensitive and serious problem of sexual harassment within
the Department of Veterans Affairs. The gentleman from Illinois [Mr.
Evans] and I were original cosponsors of legislation nearly identical
to H.R. 1703 back in 1993. At that time, we were told that changes were
in the works regarding the EEO process at the VA and throughout the
Federal Government, and that there would be no need for this
legislation.
This expected Government-wide solution never happened. The Senate
never acted on the bill we passed in 1993, and here we are again almost
5 years later dealing with sexual harassment problems that continue to
fester at the VA.
It is a tribute to the gentleman from Alabama [Mr. Everett] that he
has recognized the continuing need for legislation to improve the EEO
process at VA. This May, with bipartisan support, the gentleman from
Alabama [Mr. Everett] introduced H.R. 1703, legislation derived from
the bill that was first introduced in 1993.
It is also a tribute to Secretary Hershel Gober that he has
recognized a serious problem with the EEO process at VA, and that he
has proposed administrative changes that draw in large part from the
bill we have introduced in this Congress.
The VA's proposals do not go far enough, and there is still the need
for legislation in this area. That is why we need to pass H.R. 1703
today, and that is why we need to do all we can to make sure our
colleagues in the Senate quickly act on their version of this
legislation.
By voting in favor of H.R. 1703, we in Congress can do our part to
bring professionalism and independence to the EEO process at the VA,
and to help restore the faith and trust in the process that has been so
lacking through the last few years.
Mr. EVANS. Mr. Speaker, I yield 4 minutes to the gentleman from
Illinois [Mr. Gutierrez].
Mr. GUTIERREZ. Mr. Speaker, I am very gratified that this legislation
is being offered today. The bill is nearly identical to legislation
that I sponsored during my first term in Congress in 1993, along with
the gentleman from Illinois [Mr. Evans], the gentleman from
Massachusetts [Mr. Kennedy], and others.
The problem of employment discrimination within the VA, particularly
of sexual harassment within the department, is a problem that cannot be
tolerated. The changes called for by this bill should make a major
difference in ensuring that cases of discrimination or other improper
behavior are handled in a proper manner.
Rather than having local VA officials police their own, a situation
which invites personal relationships to interfere in an investigation,
this bill offers us a better solution. Setting up an office of
employment discrimination within the VA central office will enable a
fair and more accurate system for dealing with complaints of harassment
and discrimination.
In addition, I am hopeful that this bill will prove to be a step in
the right direction, and encourage us to take action to develop proper
care and treatment within the VA for Armed Forces personnel who have
been sexually abused or harassed during their service in our military.
This body's interest in addressing the problem of sexual harassment
should not end today.
The VA's function is to serve veterans, and at present, it is doing
an inadequate job of serving veterans who have been the victims of
sexual abuse or harassment.
I introduced legislation earlier this year that would improve such
care. I have been alarmed to learn that despite the high-profile cases
that we have heard about this year at Aberdeen and other military
installations and bases, the opportunity for a woman to receive care
and treatment within the VA for those incidents of abuse is very rare.
I am gratified that more than 50 Members have agreed to cosponsor
H.R. 2253. I would ask that any Members of this House who are voting
with me to expand the investigation of sexual harassment within the VA
will likewise join with me to pass legislation that will treat former
military personnel, and I want to underscore this, that will treat
former military personnel who seek help within the VA as a result of
such abuse.
I want to thank the gentleman from Arizona [Mr. Stump], the gentleman
from Illinois [Mr. Evans], the gentleman from Alabama [Mr. Everett],
and the gentleman from South Carolina [Mr. Clyburn] for their work on
this important legislation. It should be supported by all Members of
this House.
Mr. EVANS. Mr. Speaker, I yield back the balance of my time.
Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
A lot of people put a lot of time in achieving this bill, and I
especially want to thank the gentleman from Alabama [Mr. Everett], the
chairman of the Subcommittee on Oversight and Investigations, and the
gentleman from South Carolina [Mr. Clyburn] for all of the effort that
he put forth on this bill, as well as the ranking member of the full
committee; and of course the gentleman from Indiana [Mr. Buyer] and the
gentleman from Florida [Mr. Bilirakis], who originally asked for a
meeting, and the gentleman from Illinois [Mr. Gutierrez], who just made
a statement. As I mentioned before, this is a very bipartisan bill and
I urge the Members to support it.
Mr. BILIRAKIS. Mr. Speaker, I rise in strong support of H.R. 1703,
Department of Veterans Affairs Employment Discrimination Resolution and
Adjudication Act.
Over the past several months, incidents of sexual harassment by
several of the VA's senior career managers have come to my attention.
This greatly disturbs me because Congress investigated similar problems
several years ago. In fact, when I served as the ranking minority
member of the Oversight and Investigation Subcommittee, we conducted a
hearing on sexual harassment in the VA workplace in 1992.
At that time, we heard from several VA employees who had been the
victims of sexual harassment. It took a great deal of courage for these
women to come forward and share their experiences with our committee.
Many of these women were also subjected to acts of retaliation by their
abusers and other VA employees.
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Their perception, which was shared by many other employees, was that
the VA did not take sexual harassment complaints seriously. There was a
great deal of suspicion and distrust caused by too many years of
apparent toleration of unacceptable behavior.
Without question, our 1992 hearing revealed that the process in place
at the VA for investigating sexual harassment complaints was seriously
flawed. Consequently, the Veterans' Affairs Committee unanimously
approved legislation, which was later passed by the House, to address
the problems at the VA. H.R. 1032 would have provided for improved and
expedited procedures for resolving complaints of employment
discrimination, including sexual harassment complaints.
When we considered H.R. 1032, VA Secretary Brown opposed the passage
of this legislation because he preferred to take administrative action
instead. The Senate did not act on H.R. 1032, and the bill was never
enacted into law.
Secretary Brown established a policy of zero tolerance of sexual
harassment and other forms of discrimination within the Department of
Veterans Affairs early in his tenure as Secretary. Unfortunately, it
appears that this policy of zero tolerance is not being enforced.
Almost 5 years after our first hearing, we are faced with a similar
situation at the VA. This matter was brought to my attention again when
the director of the Fayetteville VA Medical Center was found to have
sexually harassed one female employee. He also engaged in abusive,
threatening and inappropriate behavior toward other female employees.
This director was transferred to the Bay Pines VA Medical Center which
serves many of the veterans in my congressional district. He was
allowed to retain a salary of more than $100,000 in a position created
specifically for him.
I heard from my constituents, particularly female veterans and VA
employees, who were outraged by the Department's actions on this
matter. They do not believe that the VA took any punitive action
against this senior VA employee.
At my request, the Veterans' Affairs Oversight Subcommittee held a
hearing on this latest incident of sexual harassment on April 17, 1997.
We heard from several VA employees who were subjected to abusive
treatment while working in the Fayetteville Medical Center. Sadly,
their stories mirror those that we first heard in 1992. Despite the
Secretary's zero tolerance policy, it appears that the VA has failed to
adequately implement sufficient administrative procedures to deal with
sexual harassment complaints.
Our witnesses believed that their harasser was not properly or
adequately punished. In fact, they felt that he was rewarded for his
actions ``by being sent to the place he wanted to be with a raise in
salary.'' This certainly appears to be the case. Consequently, I am
greatly concerned that the VA's policy of zero tolerance has, at best,
not been implemented uniformly, and at worst, has been ignored.
In 1992, I said that ``Everyone has the right to live and to go to
work without fear of harassment of any sort * * * we owe all female
veterans and all female VA employees the assurance that we will not
tolerate sexual harassment at any level.'' This statement is just as
relevant today as it was 5 years ago.
Our 1992 hearing revealed that the process in place at the VA for
investigating sexual harassment complaints was seriously flawed. Our
1997 hearing showed that the process is still flawed. Although I wish
it were not necessary, I am pleased to be an original cosponsor of
Chairman Everett's legislation, H.R. 1703.
We cannot defer legislative action again. I certainly do not want to
find out 5 years from now that the VA's EEO process is still broken.
Victims of sexual harassment and other types of employment
discrimination deserve a sympathetic and effective response from their
employer. The legislation before us is essential to assure employees
that mistreatment will be dealt with fairly.
I urge my colleagues to support H.R. 1703.
Mr. GILMAN. Mr. Speaker, I rise today in strong support of H.R. 1703,
the Department of Veterans Affairs Employment Discrimination Resolution
and Adjudication Act of 1997.
In recent years, we have heard of numerous cases where individuals
within the Department of Veterans Affairs who were subjected to sexual
harassment and other unlawful employment discrimination. As a result,
the Department has established a zero-tolerance policy on sexual
harassment and has promised to improve its equal opportunity system.
This legislation would assist the Department in meeting that goal by
establishing a new Office of Resolution Management [ORM] to carry out
such responsibilities. The number of full time professional EEO
counselors and investigators is increased under this legislation.
Furthermore, H.R. 1703 mandates that the VA Secretary establish an
Office of Employment Discrimination Complaint Adjudication [OEDCA] to
issue final decisions on the merits of discrimination claims within the
Department. The director of OEDCA will report directly to the VA
Secretary and will have sole responsibility within the VA for resolving
complaints of sexual harassment and other unlawful employment
practices.
Accordingly, I urge my colleagues to join me in support of this
legislation, which will help to reduce the level of unlawful employment
incidents in the VA and allow those who were victims of such practices
to continue to move forward in helping our veterans.
Mr. FARR of California. Mr. Speaker, I rise in support of two
important veterans bills being considered on the floor today. H.R.
1703, the Veterans' Affairs Employment Discrimination Prevention Act,
would establish a new VA office to resolve employment discrimination
claims by veterans. Too often, our Nation's veterans are the victims of
discrimination in the workplace, and this legislation would help ensure
that their concerns are heard and resolved.
H.R. 2206, the Veterans Health Programs Improvement Act, will provide
needed help to homeless veterans and veterans of the gulf war. The
legislation would reauthorize a number of important Federal programs
for homeless veterans, and allow the VA to operate more care facilities
for veterans suffering from drug and alcohol abuse.
In addition, H.R. 2206 would expand medical care eligibility for gulf
war veterans, so that any veteran with gulf war illnesses could receive
health care from the VA--whether or not their illness can be proven as
caused by exposure to toxins. The bill also authorizes $5 million in
funds for researching new forms of treatment of gulf war syndrome.
I represent both veterans and veterans' families who continue to
suffer from gulf war illnesses, with no end in sight. Unfortunately,
many suffering veterans don't get medical care because they cannot
prove the cause of their illness. This legislation will ensure medical
help is available for those gulf war veterans who need it.
I am glad to see these two bills come to the floor, and I urge my
colleagues to support them.
Mr. STUMP. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Stearns). The question is on the motion
offered by the gentleman from Arizona [Mr. Stump), that the House
suspend the rules and pass the bill, H.R. 1703, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended 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 resolution and adjudication
of complaints of employment discrimination.''
A motion to reconsider was laid on the table.
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