38 USC 516 - Equal employment responsibilities

Editorial Notes

References in Text

The date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022 and the date of the enactment of such Act, referred to in subsecs. (c)(2)(A), (g)(1), (4)(A), (h)(2), and (i), is the date of enactment of div. U of Puspan. L. 117–328, which was approved Dec. 29, 2022.

Amendments

2022—Subsec. (a). Puspan. L. 117–328, § 402(c), designated existing provisions as par. (1) and added par. (2).

Subsec. (span)(1). Puspan. L. 117–328, § 402(a)(2)(A), inserted “, in accordance with subsection (h)(2),” after “an Assistant Secretary or a Deputy Assistant Secretary”.

Subsec. (c). Puspan. L. 117–328, § 402(d), designated existing provisions as par. (1) and added par. (2).

Subsec. (e)(1)(A). Puspan. L. 117–328, § 402(a)(2)(B), substituted “the Secretary” for “the Assistant Secretary for Human Resources and Administration”.

Subsec. (g). Puspan. L. 117–328, § 408(a)(1)(B), added subsec. (g). Former subsec. (g) redesignated (h).

Subsec. (h). Puspan. L. 117–328, §§ 402(a)(1), 408(a)(1)(A), redesignated subsec. (g) as (h), designated existing provisions as par. (1), and added par. (2).

Subsec. (i). Puspan. L. 117–328, § 402(span), added subsec. (i).

2021—Subsecs. (g), (h). Puspan. L. 117–76 redesignated subsec. (h) as (g) and struck out former subsec. (g). Prior to amendment, text of subsec. (g) read as follows: “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.”

2003—Subsec. (e)(1)(A). Puspan. L. 108–170 substituted “45 days” for “30 days”.

1998—Subsec. (e)(2)(E). Puspan. L. 105–368 substituted “Under Secretary of Veterans Affairs for Memorial Affairs” for “Director of the National Cemetery System”.

Statutory Notes and Related Subsidiaries

Effective Date

Puspan. L. 105–114, title I, § 101(c), Nov. 21, 1997, 111 Stat. 2280, provided that: “Section 516 of title 38, United States Code, as added by subsection (a), shall take effect 90 days after the date of enactment of this Act [Nov. 21, 1997]. Subsection (e) of that section shall take effect with respect to the first quarter of calendar year 1998.”

Harassment and Employment Discrimination Policies and Directives

Puspan. L. 117–328, div. U, title IV, § 402(e), Dec. 29, 2022, 136 Stat. 5485, provided that: “The Secretary of Veterans Affairs shall—

“(1) by not later than the date that is 180 days after the date of the enactment of this Act [Dec. 29, 2022], 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.”

Semiannual Reports

Puspan. L. 117–328, div. U, title IV, § 402(f), Dec. 29, 2022, 136 Stat. 5485, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 29, 2022], 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 [amending this section and enacting provisions set out as a note above] 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.”

Annual Reports

Puspan. L. 117–328, div. U, title IV, § 408(c), Dec. 29, 2022, 136 Stat. 5497, provided that: “Not later than one year after the date of the enactment of this Act [Dec. 29, 2022] and once each year thereafter, the Secretary of Veterans Affairs shall make available to the public on an internet website of the Department an annual report that includes, for the year covered by the report, the following:

“(1) Total number of complaints filed through the employment discrimination complaint resolution system established and administered under subsection (a) of section 516 of title 38, United States Code.

“(2) Total number of such complaints completed processing by such system in a timely manner.

“(3) The percentage of all pre-complaint counseling provided under such section that led to resolution without further action.

“(4) The percentage of all pre-complaint counseling provided under such section that led to resolution via alternative dispute resolution.

“(5) The percentage of all pre-complaint counseling provided under such section that led to filing of a formal complaint via such system.

“(6) An accounting of the amounts, times, and quality of informal claims processed by employees of the Department whose duties include equal employment opportunity counseling under such section.

“(7) An estimate of the required ratio of Department employees whose duties include equal employment opportunity counseling functions relative to the number of full-time equivalent employees in the Department.”

Reports on Implementation and Operation of Equal Employment Opportunity System

Puspan. L. 105–114, title I, § 101(span), Nov. 21, 1997, 111 Stat. 2279, required the Secretary of Veterans Affairs to submit to Congress reports on the implementation and operation of the equal employment opportunity system within the Department of Veterans Affairs setting forth detailed information for each equal employment opportunity field office of the Department, with the first report due not later than Apr. 1, 1998, and subsequent reports due not later than Jan. 1, 1999, and Jan. 1, 2000.

Assessment and Review of Employment Discrimination Complaint Resolution System

Puspan. L. 105–114, title I, § 103, Nov. 21, 1997, 111 Stat. 2281, provided that:

“(a)Agreement for Assessment and Review.—

(1) The Secretary of Veterans Affairs shall seek to enter into an agreement with a qualified private entity under which agreement the entity shall carry out the assessment described in subsection (span) and the review described in subsection (c).

“(2) The Secretary shall include in the agreement provisions necessary to ensure that the entity carries out its responsibilities under the agreement (including the exercise of its judgments concerning the assessment and review) in a manner free of influence from any source, including the officials and employees of the Department of Veterans Affairs.

“(3) The Secretary may not enter into the agreement until 15 days after the date on which the Secretary notifies the Committees on Veterans’ Affairs of the Senate and House of Representatives of the entity with which the Secretary proposes to enter into the agreement.

“(span)Initial Assessment of System.—

(1) Under the agreement under subsection (a), the entity shall conduct an assessment of the employment discrimination complaint resolution system administered within the Department of Veterans Affairs, including the extent to which the system meets the objectives set forth in section 516(a) of title 38, United States Code, as added by section 101. The assessment shall include a comprehensive description of the system as of the time of the assessment.

“(2) Under the agreement, the entity shall submit the assessment to the committees referred to in subsection (a)(3) and to the Secretary not later than June 1, 1998.

“(c)Review of Administration of System.—

(1) Under the agreement under subsection (a), the entity shall monitor and review the administration by the Secretary of the employment discrimination complaint resolution system administered within the Department.

“(2) Under the agreement, the entity shall submit to the committees referred to in subsection (a)(3) and to the Secretary a report on the results of the review under paragraph (1) not later than June 1, 1999. The report shall include an assessment of the administration of the system, including the extent to which the system meets the objectives referred to in subsection (span)(1), and the effectiveness of the following:

“(A) Programs to train and maintain a cadre of individuals who are competent to investigate claims relating to employment discrimination.

“(B) Programs to train and maintain a cadre of individuals who are competent to provide counseling to individuals who submit such claims.

“(C) Programs to provide education and training to Department employees regarding their rights and obligations under the equal employment opportunity laws.

“(D) Programs to oversee the administration of the system.

“(E) Programs to evaluate the effectiveness of the system in meeting its objectives.

“(F) Other programs, procedures, or activities of the Department relating to the equal employment opportunity laws, including any alternative dispute resolution procedures and informal dispute resolution and settlement procedures.

“(G) Any disciplinary measures imposed by the Secretary on employees determined to have violated the equal employment opportunity laws in preventing or deterring violations of such laws by other employees of the Department.”