Page:United States Statutes at Large Volume 111 Part 3.djvu/193

 PUBLIC LAW 105-114—NOV. 21, 1997 111 STAT. 2281 "(c) Whenever the Director has reason to beheve that there has been retaUation against an employee by reason of the employee asserting rights under an equal employment opportunity law, the Director shall report the suspected retaliatory action directly to the Secretary or Deputy Secretary, who shall take appropriate action thereon. "(d)(1) The Office shall employ a sufficient number of attorneys and other personnel as are necessary to carry out the functions of the Office. Attorneys shall be compensated at a level commensurate with attorneys employed by the Office of the General Counsel. "(2) The Secretary shall ensure that the Director is furnished sufficient resources in addition to personnel under paragraph (1) to enable the Director to carry out the functions of the Office in a timely manner. "(3) The Secretary shall ensure that any performance appraisal of the Director of the Office of Employment Discrimination Complaint Adjudication or of any employee of the Office does not take into consideration the record of the Director or employee in deciding cases for or against the Department.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "319. Office of Employment Discrimination Complaint Adjudication.". (b) REPORTS ON IMPLEMENTATION.—The Director of the Office 38 USC 319 note. of Employment Discrimination Complaint Adjudication of the Department of Veterans Affairs (established by section 319 of title 38, United States Code, as added by subsection (a)) shall submit to the Secretary of Veterans Affairs and to Congress reports on the implementation and the operation of that office. 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. (c) EFFECTIVE DATE.— Section 319 of title 38, United States 38 USC 319 note. Code, as added by subsection (a), shall take effect 90 days after the date of enactment of this Act. SEC. 103. ASSESSMENT AND REVIEW OF DEPARTMENT OF VETERANS 38 USC 516 note. AFFAIRS EMPLOYMENT DISCRIMINATION COMPLAINT RESOLUTION SYSTEM. (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 39-194O-97-7:QL3Part3

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