Page:United States Statutes at Large Volume 111 Part 3.djvu/190

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Ill STAT. 2278 PUBLIC LAW 105-114 —NOV. 21, 1997 to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. TITLE I—EQUAL EMPLOYMENT OPPOR- TUNITY PROCESS IN THE DEPART- MENT OF VETERANS AFFAIRS SEC. 101. EQUAL EMPLOYMENT RESPONSmiLITIES. (a) IN GENERAL.—(1) Chapter 5 is amended by inserting at the end of subchapter I the following new section: § 516. Equal employment responsibilities "(a) The Secretary shall provide that the employment discrimination complaint resolution system within the Department be established and administered so as to encourage timely and fair resolution of concerns and complaints. The Secretary shall take steps to ensure that the system is administered in an objective, fair, and effective manner and in a manner that is perceived by employ- ees and other interested parties as being objective, fair, and effective. "(b) The Secretary shall provide— "(1) that employees responsible for counseling functions associated with employment discrimination and for receiving, investigating, and processing complaints of employment discrimination shall be supervised in those functions by, and report to, an Assistant Secretary or a Deputy Assistant Secretary for complaint resolution management; and "(2) that employees performing employment discrimination complaint resolution functions at a facility of the Department shall not be subject to the authority, direction, and control of the Director of the facility with respect to those functions. "(c) The Secretary shall ensure that all employees of the Department receive adequate education and training for the purposes of this section and section 319 of this title. "(d) The Secretary shall, when appropriate, impose disciplinary measures, as authorized by law, in the case of employees of the Department who engage in unlawful emplo3niient discrimination, including retaliation against an employee asserting rights under an equal employment opportunity law. "(e)(1)(A) Not later than 30 days after the end of each calendar quarter, the Assistant Secretary for Human Resources and Administration shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report summarizing the employment discrimination complaints filed against the individuals referred to in paragraph (2) during such quarter. "(B) Subparagraph (A) shall apply in the case of complaints filed against individuals on the basis of such individuals' personal conduct and shall not apply in the case of complaints filed solely on the basis of such individuals' positions as officials of the Department. "(2) Paragraph (1) applies to the following officers and employ- ees of the Department: "(A) The Secretary. "(B) The Deputy Secretary of Veterans Affairs.