[Congressional Record Volume 167, Number 85 (Monday, May 17, 2021)]
[House]
[Pages H2360-H2362]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     IMPROVING VA ACCOUNTABILITY TO PREVENT SEXUAL HARASSMENT AND 
                       DISCRIMINATION ACT OF 2021

  Mr. TAKANO. Mr. Speaker, I move to suspend the rules and pass the 
bill (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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2704

       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 EEO 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 this paragraph, 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 of Veterans Affairs shall 
     ensure that each

[[Page H2361]]

     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 516 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 such successor office, 
     immediately, or if such immediate reporting is impracticable, 
     not later than two business days after the date on which the 
     manager receives the complaint.''.
       (d) Training.--Subsection (c) of such section 516 is 
     amended by adding at the end the following new sentence: 
     ``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. 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 
     such 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) 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 
     Committees on Veterans' Affairs of the House of 
     Representatives and the Senate 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Takano) and the gentleman from Illinois (Mr. Bost) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. TAKANO. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
to insert extraneous material on H.R. 2704.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2704, sponsored by Oversight and Investigations 
Subcommittee Chair Pappas, takes important steps to address sexual 
harassment and discrimination at the VA.
  This bipartisan legislation, the Improving VA Accountability to 
Prevent Sexual Harassment and Discrimination Act, would prioritize VA's 
tracking and responses to allegations.
  For example, it requires VA's Equal Employment Opportunity Director 
to report directly to the Deputy Secretary. It also requires that any 
VA manager who receives a report of sexual or other harassment, or 
employment discrimination, report that complaint within 2 business 
days.
  Among other important actions, this bill will also mandate additional 
training to identify and address sexual, and other types of harassment, 
and employment discrimination.
  This legislation is based largely on the work of the Government 
Accountability Office, who testified in our committee during July of 
last year.
  I urge my colleagues to support the bill, and I reserve the balance 
of my time.
  Mr. BOST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 2704, the Improving VA 
Accountability to Prevent Sexual Harassment and Discrimination Act of 
2021.
  It is a terrible reality that, according to a recent study, roughly 
26 percent of female employees and 14 percent of male employees at VA 
have reported experiencing sexual harassment over a 2-year period.
  Sadly, an even higher percentage of employees reported some type of 
discrimination, such as reprisal or racial discrimination.
  Though these problems are large, I applaud the work of the VA Office 
of Resolution Management, Diversity and Inclusion and what they do. 
They are taking these issues on headfirst, but there is still a long 
way to go.
  That is why I am proud to support H.R. 2704, which would eliminate 
the potential conflict of interest in VA's chain of command; require 
stricter reporting of allegations of sexual harassment and 
discrimination; and require VA to finalize and deploy the Harassment 
Prevention Program, along with increasing training and reviews.
  I am grateful to Chairman Chris Pappas and Congresswoman Ashley 
Hinson for introducing this bill and leading it. The bill has my full 
support.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TAKANO. Mr. Speaker, I yield 3 minutes to the gentleman from New 
Hampshire (Mr. Pappas), my good friend, the chairman of the 
Subcommittee on Oversight and Investigations, and also the author of 
this important piece of legislation.
  Mr. PAPPAS. Mr. Speaker, I want to begin by thanking Chairman Takano 
and Ranking Member Bost for their work in putting together this 
comprehensive group of bills today to support our veterans, including 
this bill, and I appreciate their support for it.
  I rise in support of this legislation, the Improving VA 
Accountability to Prevent Sexual Harassment and Discrimination Act, a 
bill that I introduced, along with Representative Hinson.
  This bipartisan, bicameral bill will take critical steps to combat 
sexual harassment by updating VA's antiquated policies and structure, 
in addition to creating stronger reporting requirements.
  We know that at least 1 in 4 women and 1 in 10 men who have served in 
the military are survivors of sexual assault, harassment, or abuse.
  At the VA, we know that at least 1 in 4 women veterans and 1 in 4 
women employees experience sexual harassment in healthcare settings.
  It is simply unacceptable that someone who has proudly served our 
Nation is subjected to sexual harassment in the institution whose 
charge it is to serve them.
  It is long past time for us to make systemic change at the VA that 
will honor the service of our veterans and healthcare providers and 
keep people safe.
  This is commonsense legislation that came out of an Oversight and 
Investigation Subcommittee hearing that we held last July. We heard 
from the GAO and the VA on this issue. While important steps have been 
made by the VA in the recent past, this is important legislation that 
is going to continue to improve this situation and make the kind of 
long-lasting change that is long overdue.

  I urge my colleagues to pass this commonsense bill.
  Mr. BOST. Mr. Speaker, I yield 3 minutes to the gentlewoman from Iowa 
(Mrs. Hinson), the cosponsor of the bill.
  Mrs. HINSON. Mr. Speaker, I rise today in support of H.R. 2704, the 
Improving VA Accountability to Prevent Sexual Harassment and 
Discrimination Act.
  I was proud to introduce this legislation alongside Congressman Chris 
Pappas and Senator Maggie Hassan, as well as my fellow Iowan, Senator 
Joni Ernst, who is a combat veteran and sexual assault survivor 
herself.
  Last year, a Government Accountability Office report exposed 
disturbing failures at the U.S. Department of Veterans Affairs to 
handle sexual harassment and discrimination at the agency properly. The 
report also revealed that between 18 and 27 percent of VA employees 
experienced some form of sexual harassment at work between 2014 and 
2016.
  This is completely unacceptable.
  This bipartisan, bicameral bill will improve the way sexual 
harassment is

[[Page H2362]]

handled at the VA and will crack down on instances of harassment and 
discrimination within the Department.
  Nobody should feel unsafe at work. The care VA employees provide for 
our veterans is absolutely critical, but they cannot provide that best 
care, the care our veterans deserve, if they are suffering in a hostile 
work environment.
  Not only is this an accountability and workplace safety issue, it is 
a disservice to our veterans who rely on the VA for high-quality care, 
and a disservice to taxpayers who fund the Department.
  We can do better, and this legislation will ensure that those who 
serve our veterans feel safe at work so they can do their jobs 
effectively.
  Mr. Speaker, I urge all of my colleagues to support this important 
bipartisan legislation.
  Mr. TAKANO. Mr. Speaker, I have no further speakers, I am prepared to 
close, and I reserve the balance of my time.

                              {time}  1415

  Mr. BOST. Mr. Speaker, I encourage my colleagues to support this 
bill.
  With that, I yield back the balance of my time.
  Mr. TAKANO. Mr. Speaker, I ask all my colleagues to join me in 
passing this important piece of legislation, H.R. 2704, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Takano) that the House suspend the rules 
and pass the bill, H.R. 2704.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

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