Congressional Record, Volume 167 Issue 85 (Monday, May 17, 2021)

[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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