(Added Pub. L. 105–114, title I, § 101(a)(1),Nov. 21, 1997, 111 Stat. 2278; amended Pub. L. 105–368, title IV, § 403(d)(2),Nov. 11, 1998, 112 Stat. 3339; Pub. L. 108–170, title IV, § 405(a),Dec. 6, 2003, 117 Stat. 2063.)
2003—Subsec. (e)(1)(A). Pub. L. 108–170
substituted “45 days” for “30 days”.
1998—Subsec. (e)(2)(E). Pub. L. 105–368
substituted “Under Secretary of Veterans Affairs for Memorial Affairs” for “Director of the National Cemetery System”.
Section 101(c) ofPub. L. 105–114
provided that: “Section
, 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.”
Reports on Implementation and Operation of Equal Employment Opportunity System
Section 101(b) ofPub. L. 105–114
“(1) 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.
“(2) The first report under paragraph (1) shall set forth the actions taken by the Secretary to implement section
, 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.
“(3) The subsequent reports under paragraph (1) shall set forth, for each equal employment opportunity field office of the Department and for the Department as a whole, the following:
“(A) Any information to supplement the information submitted in the report under paragraph (2) that the Secretary considers appropriate.
“(B) The number of requests for counseling relating to employment discrimination received during the one-year period ending on the date of the report concerned.
“(C) The number of employment discrimination complaints received during such period.
“(D) The status of each complaint described in subparagraph (C), including whether or not the complaint was resolved and, if resolved, whether the employee concerned sought review of the resolution by the Equal Employment Opportunity Commission or by Federal court.
“(E) The number of employment discrimination complaints that were settled during such period, including—
“(i) the type of such complaints; and
“(ii) the terms of settlement (including any settlement amount) of each such complaint.”
Assessment and Review of Employment Discrimination Complaint Resolution System
Section 103 ofPub. L. 105–114
“(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 (b) 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.
“(b) 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
, United States Code, as added by section
. 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 (b)(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.”