The publication is reproduced in full below:
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 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 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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SOURCE: Congressional Record Vol. 167, No. 85
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