,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hdfe ,,in ,,the ,,house ,,of ,,representatives ,september #cj1 #bjbj,ms4 ,speier 7for herself1 ,mr4 ,engel1 ,mr4 ,castro of ,texas1 ,ms4 ,norton1 ,ms4 ,escobar1 ,ms4 ,haaland1 ,mr4 ,gonzalez of ,texas1 ,mrs4 ,dingell1 ,mr4 ,carson of ,indiana1 ,mr4 ,price of ,north ,carolina1 ,mr4 ,san ,nicolas1 ,mr4 ,kind1 ,mrs4 ,watson ,coleman1 ,mr4 ,larson of ,connecticut1 ,ms4 ,pingree1 ,ms4 ,schakowsky1 and ,ms4 ,omar7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on ,education and ,labor1 ,oversight and ,reform1 ,house ,administration1 and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to require the ,secretary of ,state to develop policy and procedures on prevention and response to harassment1 discrimination1 sexual assault1 and related retaliation1 and for other purposes4 #a4 ,short title2 table of contents2 rule of construction 7a7 ,short title ,this ,act may be cited as the ,state ,harassment and ,assault ,prevention and ,eradication ,act of #bjbj or the ,,shape ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 rule of construction4,sec4 #b4 ,department of ,state policy and procedures on prevention and response to harassment1 discrimination1 sexual assault1 and related retaliation4,sec4 #c4 ,reporting1 documentation1 and investigation procedures4,sec4 #d4 ,sexual assault protocol and victim care4,sec4 #e4 ,rights of employees harassed1 discriminated against1 retaliated against1 or sexually assaulted4,sec4 #f4 ,provision of climate surveys4,sec4 #g4 ,reports to ,congress1 the ,department1 and the public4,sec4 #h4 ,required training for ,department personnel4,sec4 #i4 ,hiring1 vetting1 and promotion4,sec4 #aj4 ,nondisclosure and nondisparagement agreements4 7c7 ,rule of construction ,nothing in this ,act shall be construed to supersede or otherwise affect the discrimination protections or related processes provided under section #gag of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af7 to officers and employees of the ,department of ,state or applicants for employment at the ,department4 #b4 ,department of ,state policy and procedures on prevention and response to harassment1 discrimination1 sexual assault1 and related retaliation 7a7 ,comprehensive policy on prevention and response ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,state shall develop a comprehensive policy for the ,department of ,state on the prevention of and response to harassment1 discrimination1 sexual assault1 and related retaliation involving employees1 contractors1 and officials of the ,department4 7b7 ,elements of comprehensive policy ,the policy developed under subsection 7a7 may include elements as the ,secretary deems necessary1 but shall include1 at a minimum1 the following3 7#a7 ,prevention measures4 7#b7 ,education and training on prevention and response1 as provided in this ,act4 7#c7 ,investigation of complaints4 7#d7 ,medical treatment of victims4 7#e7 ,mechanisms for confidential reporting of incidents by staff and service contractors1 to include online and telephonic methods4 7#f7 ,victim advocacy1 intervention1 and counseling for covered employees of the ,department who are victims of harassment1 discrimination1 sexual assault1 and related retaliation that shall be made available1 irrespective of where such covered employees are located1 to assist and guide such victims4 7#g7 ,supportive services1 including counseling and victim advocacy1 that shall be made available irrespective of whether the victim identifies the accused individual4 7#h7 ,oversight and review of administrative and disciplinary actions1 to include termination1 for employees and officials of the ,department of ,state4 7#i7 ,review by appropriate authority of administrative separation actions involving victims of harassment1 discrimination1 sexual assault1 and related retaliation4 7#aj7 ,uniform collection of data on the incidence of violations and on disciplinary actions taken in cases of harassment1 discrimination1 sexual assault1 and related retaliation4 7#aa7 ,procedures for disciplinary action in cases of harassment1 discrimination1 sexual assault1 and related retaliation by employees or officials of the ,department4 7#ab7 ,workforce communications relating to harassment1 discrimination1 sexual assault1 and related retaliation prevention1 discipline1 and reporting1 to include printed and electronic materials made available in both ,english and the working languages at overseas posts1 made available for all staff4 7#ac7 ,acknowledgment of the challenges facing vulnerable groups including women1 people of color1 entry-level officers1 locally employed staff1 and the lesbian1 gay1 bisexual1 transgender1 and queer 7,,lgbtq7 community4 7#ad7 ,policies regarding the retention of documents relating to complaints1 investigations1 and disciplinary action4 7c7 ,clarification of victim reporting and case resolution ,the ,secretary of ,state shall review ,department of ,state processes for victim reporting and resolution of complaints1 as in effect on the date of enactment of this ,act1 to ensure that the ,department's procedures are clear and easily accessible to all covered employees4 ,such review shall be included in the report to be submitted in section #g4 7d7 ,application of comprehensive policy to offices in the ,department of ,state ,the ,secretary of ,state shall ensure that the policy developed under subsection 7a7 is implemented uniformly by the bureaus and offices of the ,department of ,state4 7e7 ,coordination with other agencies ,the ,department of ,state is directed to coordinate with other ,united ,states government agencies which provide personnel to serve in overseas posts under ,chief of ,mission authority to develop interagency policies for addressing1 reporting1 and discipline for incidents of harassment1 discrimination1 sexual assault1 or related retaliation occurring between covered employees and non-covered employees4 #c4 ,reporting1 documentation1 and investigation procedures 7a7 ,definitions ,in this ,act-- 7#a7 the term covered employee means-- 7,a7 any officer or employee 7including any temporary1 part-time1 contract1 intermittent employee1 interns1 fellows1 or other unpaid staff2 both ,american citizens and foreign nationals7 performing work for or on behalf of the ,department of ,state2 7,b7 members of the ,foreign ,service 7as that term is defined under section #ajc of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cijc771 to include ,foreign ,service ,officers1 ,foreign ,service ,specialists1 ,locally ,employed ,staff1 and ,consular ,agents2 and 7,c7 an individual who is engaged by an employer or entity as a contractor2 7#b7 the term ,office of ,employee ,advocacy means the ,office of ,employee ,advocacy1 as established under subsection 7b72 7#c7 the term ,office of ,civil ,rights means the ,office of ,civil ,rights within the ,department of ,state2 7#d7 the term ,global ,talent ,management means the ,bureau of ,global ,talent ,management1 ,office of ,employee ,relations1 ,conduct1 ,suitability1 and ,discipline ,division within the ,department of ,state2 and 7#e7 the term ,diplomatic ,security means the ,bureau of ,diplomatic ,security within the ,department of ,state4 7#f7 the term harassment means-- 7,a7 conduct based on race1 color1 religion1 sex 7including sexual orientation1 gender identity1 pregnancy1 childbirth1 a medical condition related to pregnancy or childbirth1 and a sex stereotype71 or national origin1 regardless of whether it is direct or indirect1 or verbal or nonverbal1 that unreasonably alters an individual's terms1 conditions1 or privileges of employment1 including by creating an intimidating1 hostile1 or offensive work environment2 7,b7 sexual harassment is conduct that takes place in a circumstance described in subparagraph 7,c7 and that takes the form of-- 7i7 a sexual advance2 7ii7 a request for sexual favors2 or 7iii7 any other conduct of a sexual nature2 7,c7 a circumstance described in this subparagraph is a situation in which-- 7i7 submission to the conduct involved is made either explicitly or implicitly a term or condition of employment2 7ii7 submission to or rejection of such conduct is used as the basis for an employment decision affecting an individual's employment2 or 7iii7 such conduct unreasonably alters an individual's terms1 conditions1 or privileges of employment1 including by creating an intimidating1 hostile1 or offensive work environment2 and 7,d7 in determining whether conduct constitutes harassment because the conduct unreasonably alters an individual's terms1 conditions1 or privileges of employment1 including by creating an intimidating1 hostile1 or offensive work environment1 the following rules shall apply-- 7i7 that determination shall be made on the basis of the record as a whole1 according to the totality of the circumstances4 ,a single incident may constitute workplace harassment2 7ii7 incidents that may be workplace harassment shall be considered in the aggregate1 with-- 7,i7 conduct of varying types 7such as expressions of sex-based hostility1 requests for sexual favors1 and denial of employment opportunities due to sexual orientation7 viewed in totality1 rather than in isolation2 and 7,,ii7 conduct based on multiple protected characteristics 7such as sex and race7 viewed in totality1 rather than in isolation2 7iii7 the factors specified in this subparagraph are among the factors to be considered in determining whether conduct constitutes harassment and are not meant to be exhaustive4 ,no one of those factors shall be considered to be determinative in establishing whether conduct constitutes harassment4 ,such factors are each of the following-- 7,i7 the frequency of the conduct2 7,,ii7 the duration of the conduct2 7,,iii7 the location where the conduct occurred2 7,,iv7 the number of individuals engaged in the conduct2 7,v7 the nature of the conduct1 which may include physical1 verbal1 pictorial1 or visual conduct1 and conduct that occurs in person or is transmitted1 such as electronically2 7,,vi7 whether the conduct is threatening2 7,,vii7 any power differential between the alleged harasser and the person allegedly harassed2 7,,viii7 any use of epithets1 slurs1 or other conduct that is humiliating or degrading2 or 7,,ix7 whether the conduct reflects stereotypes about individuals in the protected class involved2 and 7iv7 in determining whether conduct constitutes harassment1 conduct may be harassment regardless of whether1 for example-- 7,i7 the complaining party is not the individual being harassed2 7,,ii7 the complaining party acquiesced or otherwise submitted to1 or participated in1 the conduct2 7,,iii7 the conduct is also experienced by others outside the protected class involved2 7,,iv7 the complaining party was able to continue carrying out duties and responsibilities of the party's job despite the conduct2 7,v7 the conduct did not cause a tangible injury or psychological injury2 or 7,,vi7 the conduct occurred outside of the workplace4 7b7 ,establishment of ,office of ,employee ,advocacy 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,secretary shall establish a new office to be the ,office of ,employee ,advocacy1 to be headed by a full-time ,chief ,advocate4 ,personnel of the ,office shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties of the position4 ,the ,chief ,advocate-- 7,a7 shall report directly to the ,under ,secretary for ,management2 and 7,b7 may not have any other duties in the ,department of ,state that are not reasonably connected to employee advocacy4 7#b7 ,duties of ,office of ,employee ,advocacy 7,a7 ,receive complaints from any ,department of ,state covered employee or eligible family member 7,,efm71 as defined in the ,foreign ,affairs ,manual1 of harassment1 discrimination1 sexual assault1 and related retaliation4 7,b7 ,counsel victims of their rights1 procedures for seeking relief1 and available resources1 both locally and at headquarters1 under this ,act1 and other employment laws enforced by the ,equal ,employment ,opportunity ,commission including the ,civil ,rights ,act of #aifd1 the ,pregnancy ,discrimination ,act of #aigh1 the ,equal ,pay ,act of #aifc1 the ,age ,discrimination in ,employment ,act of #aifg1 the ,americans with ,disabilities ,act of #aiij1 the ,civil ,rights ,act of #aiia1 the ,rehabilitation ,act of #aigc1 and the ,genetic ,information ,nondiscrimination ,act of #bjjh4 7,c7 ,provide confidential support and information1 including referrals to medical and mental health care4 7,d7 ,refer complaints to the appropriate offices in the ,department of ,state promptly including-- 7i7 the ,office of ,civil ,rights in instances of harassment1 discrimination1 or related retaliation2 and 7ii7 ,bureau of ,diplomatic ,security in instances of sexual assault or other complaints with security clearance implications4 7,e7 ,for the purposes of receiving complaints1 operate secure1 confidential means of reporting #bd hours a day1 including an electronic reporting system and an internationally accessible hotline4 7,f7 ,employ ,employee ,advocates to carry out the duties of the ,office and assist those filing or considering filing a complaint4 7,g7 ,if a victim chooses to file a complaint1 such ,advocates shall assist the victim in providing information and support until an investigation is completed1 and a final agency decision has been made4 7,h7 ,employ attorneys licensed to practice law with experience in harassment1 discrimination1 retaliation1 and assault complaints1 and provide optional legal assistance1 consultation1 and representation related to a covered employee's complaint of harassment1 discrimination1 sexual assault1 or related retaliation4 ,in carrying out this subparagraph1 the following shall apply3 7i7 ,the relationship between the ,office and an employee to whom the ,office provides legal assistance1 consultation1 and representation under this section shall be the relationship between an attorney and client4 7ii7 ,nothing in this section shall preclude covered employees from hiring their own attorneys or require them to use attorneys from the ,office4 7iii7 ,notwithstanding any law regarding the licensure of attorneys1 an attorney who is employed by the ,office and is authorized to provide legal assistance and representation under this section is authorized to provide that assistance and representation in any jurisdiction1 subject to such regulations as may be prescribed by the ,office4 7iv7 ,the ,office may not accept any award of attorney fees or other litigation expenses and costs under any hearing or civil action brought4 7v7 ,the ,office must be empowered to be independent and work on behalf of complainants without undue pressure from ,state ,department leadership4 7,i7 ,provide routine training to attorneys and advocates on harassment1 discrimination1 sexual assault1 and related retaliation policies and best practices for victim care4 7,j7 ,track the stage of reporting1 investigation1 or disciplinary process a complaint is in4 7,k7 ,conduct climate surveys1 as specified in section #f4 7#c7 ,electronic reporting system ,the system established under this subsection shall-- 7,a7 include an electronic reporting system under which a complaint may be filed1 in addition to a non-electronic system2 7,b7 maintain an electronic record of the date and time at which any complaint is so filed2 7,c7 ensure the security and confidentiality of records2 and 7,d7 allow the submission of confidential reports that will not prompt individualized investigations1 but shall be monitored by the ,office to identify trends and determine whether investigations should be undertaken by the ,office of ,civil ,rights4 7#d7 ,international hotline ,the system established under this subsection shall-- 7,a7 include an international toll-free number accessible by all covered employees and ,,efm both domestic and overseas2 7,b7 be staffed #bd hours day1 #g days a week by ,office of ,employee ,advocacy staff during normal working hours1 and by a rotating ,,oea duty officer or contractor during non-working hours2 7,c7 be entered by ,,oea staff into the electronic reporting system so that all reported cases are captured in the system2 and 7,d7 to the extent practicable1 ensure access to the hotline for non-,english speakers4 7#e7 ,overseas post reporting 7,a7 ,each overseas post shall notify employees that they may use the electronic reporting system or international hotline as established in paragraphs 7#c7 and 7#d71 or report in person to the ,deputy ,chief of ,mission or other employees designated as ,office of ,employee ,advocacy ,liaisons4 7,b7 ,the ,,oea ,liaisons may include 7but are not limited to7 the ,equal ,employment ,opportunity ,counselor1 the ,community ,liaison ,officer1 the ,locally ,employed ,staff 7,,les7 ,equal ,employment ,opportunity ,officer ,liaison1 or other staff to be selected by the ,deputy ,chief of ,mission4 7,c7 ,,oea ,liaisons should be provided with educational materials to distribute as well as training on the resources and services provided by the ,office of ,employee ,advocacy1 and on the various means of communications that employees can use to reach out to ,,oea ,employee ,advocates4 7,d7 ,the ,chief of ,mission shall not be notified of the identity of the complainant without the express permission of the complainant4 7#f7 ,application ,this section shall not be construed to preclude1 limit1 or otherwise effect the rights of a covered employee to file a complaint1 based on the alleged harassment1 discrimination1 sexual assault1 and related retaliation that gave rise to the complaint under this subsection1 under any other provision of law4 ,this section shall not be construed to preclude1 limit1 or otherwise affect the rights of a covered employee to file a complaint with another office4 7#g7 ,consultation2 technical assistance ,in developing the ,office of ,employee ,advocacy1 the ,state ,department shall receive technical assistance and consultation from organizations and other professionals with expertise in victim-centered1 trauma-informed care1 individuals who have experienced harassment1 discrimination1 or retaliation at the ,state ,department1 the ,equal ,employment ,opportunity ,commission1 and other relevant executive agencies4 7c7 ,duties of ,office of ,civil ,rights 7#a7 ,in general ,upon the referral of a complaint from the ,office of ,employee ,advocacy to the ,office of ,civil ,rights1 the ,office of ,civil ,rights shall-- 7,a7 take steps for the initial intake and recording of the complaint1 including providing the covered employee who filed the complaint with all relevant information with respect to the rights of the covered employee under this ,act and other relevant law2 and 7,b7 notify the accused covered employee-- 7i7 of the complaint and the right of that covered employee to participate in any mediation1 hearing1 or civil action under this section and other applicable law with respect to the complaint2 7ii7 that retention of documents and evidence is crucial1 and any unauthorized destruction of documents and evidence may result in additional investigations and potential punishment2 and 7iii7 that there is a prohibition on retaliation against the covered employee who filed the complaint and may be investigation and discipline for retaliation4 7#b7 ,investigation of complaints 7,a7 ,investigation ,the ,office of ,civil ,rights shall investigate all complaints in a prompt1 thorough1 and impartial manner4 ,the ,department shall update the ,foreign ,affairs ,manual to enable ,office of ,civil ,rights investigators to travel to the foreign and domestic sites of received complaints in which widespread or pervasive sexual harassment is reported4 ,the ,under ,secretary for ,management shall authorize sufficient funding for ,office of ,civil ,rights attorney advisors to conduct this travel as necessary4 7,b7 ,investigation of ,chief of ,mission ,if the ,chief of ,mission at an overseas post is named as the alleged perpetrator in a complaint1 the ,office of ,civil ,rights must notify the ,secretary of ,state4 ,the ,office of ,civil ,rights must prioritize the investigation of such cases4 7,c7 ,report ,not later than #abj days after a complaint is filed under this section and transmitted to the ,office of ,civil ,rights1 the ,office of ,civil ,rights shall conclude the investigation regarding that complaint4 ,on the date the investigation is so concluded1 the ,office of ,civil ,rights shall transmit a written report on the results of the investigation to-- 7i7 the covered employee who filed the complaint2 7ii7 the accused employee and his or her employing office2 and 7iii7 ,global ,talent ,management4 7,d7 ,extension ,the ,office of ,civil ,rights may extend the #abj day deadline in subparagraph 7,a7 if the ,office of ,civil ,rights determines that additional time is necessary to conclude the investigation4 ,the ,office of ,civil ,rights must notify the ,house ,committee on ,foreign ,affairs and ,senate ,committee on ,foreign ,relations of the extension and provide justification for each extension of #cj days4 7,e7 ,transmission to ,global ,talent ,management ,after the ,office of ,civil ,rights concludes the investigation1 it shall transmit a report providing a summary of the facts with all investigatory material including transcripts of interviews and evidence to ,global ,talent ,management for consideration of disciplinary action4 7,f7 ,transmission to ,secretary of ,state ,global ,talent ,management shall transmit the investigatory report and any resulting disciplinary actions to the ,secretary of ,state4 ,reports shall be transmitted to the ,secretary no less than quarterly4 7,g7 ,staffing ,if the number of complaints received by the ,office of ,civil ,rights exceeds its capacity to respond within #abj days to the majority of cases1 the ,director of the ,office of ,civil ,rights and ,under ,secretary for ,management shall authorize the hiring of additional attorney advisors or other appropriate staff on a temporary or permanent basis4 7,h7 ,record retention 7i7 ,record retention ,global ,talent ,management shall keep a record of investigations1 hearings1 and other proceedings conducted related to complaints of harassment1 discrimination1 sexual assault1 or related retaliation4 7ii7 ,personnel files ,subsequent disciplinary action taken by ,global ,talent ,management in response to the investigation and any ,,eeo settlements or judgements of harassment1 discrimination1 sexual assault1 or related retaliation shall be documented and kept on file and accessible to the ,office of ,civil ,rights1 ,diplomatic ,security1 security clearance investigators1 and ,federal law enforcement officials4 ,global ,talent ,management shall also ensure that a standalone document containing a description of the offense and disciplinary action taken1 redacted of any personally identifiable information1 shall be provided to and reviewed by all subsequent ,department ,foreign ,service and ,civil ,service ,selection and promotion ,boards1 to include a permanent notation in the employee's file1 including annual performance assessments or employee evaluations4 7d7 ,disciplinary action 7#a7 ,suspension ,section #faj of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djaj7 is amended by adding as follows3 7c7 7#a7 ,in order to promote the efficiency of the ,service1 the ,secretary may suspend a member of the ,foreign ,service without pay when the member's security clearance is suspended or when there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed or if the member has a history of harassment or ,equal ,employment ,opportunity violations documented and substantiated by ,global ,talent ,management4 4 7#b7 ,separation for cause ,section #faj of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djaj7 is amended as follows3 7a7 7#a7 ,the ,secretary may decide to separate any member from the ,service for such cause as will promote the efficiency of the service1 to include findings by ,diplomatic ,security that the member has engaged in criminal misconduct1 to include murder1 rape1 or other sexual assault4 4 7#c7 ,update to manual ,global ,talent ,management shall update the ,foreign ,affairs ,manual's ,grounds for ,disciplinary ,action and ,list of ,disciplinary ,offenses and ,penalties to reflect the amendments made by this subsection and communicate such amendments to staff via ,department ,notices4 7e7 ,penalties ,consistent with other civil service and ,foreign ,service laws and regulations1 the ,secretary of ,state shall develop a policy of applying penalties to any covered employee who is determined to have sexual assault1 harassment1 discrimination1 or related retaliation complaints against him or her substantiated4 ,such penalties shall include additional mandatory training1 suspension with or without pay1 demotion in rank1 or removal for a period of the ,secretary's choosing4 7f7 ,additional documentation ,global ,talent ,management shall ensure1 to the extent practicable and appropriate1 that any third country national or any national of a host country that was assigned to work at a diplomatic facility or employee residence who harasses1 discriminates against1 sexually assaults1 or retaliates against a covered employee is-- 7#a7 documented in an appropriate site history file and in a global tracking and recording system1 to be coordinated by ,global ,talent ,management2 7#b7 taken into account with respect to determinations regarding placements of third country nationals or any national of a host country at such post and the provision of any funds or other benefit by the ,department2 and 7#c7 any covered employee who filed the complaint may opt out of having personally identifiable information included in such a report4 7g7 ,case review 7#a7 ,in general ,the ,office of ,civil ,rights and ,diplomatic ,security shall conduct case reviews of a statistically significant number of cases on a quarterly basis to determine if proper procedures were followed in accordance with the harassment1 discrimination1 sexual assault1 and related retaliation protocols and guidelines provided under this ,act and other applicable laws4 7#b7 ,reports to ,congress ,an analysis of such case reviews shall be annually reported to the ,committee on ,oversight and ,reform and ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs and ,committee on ,foreign ,relations of the ,senate in the report mandated in section #g7;a74 #d4 ,sexual assault protocol and victim care 7a7 ,establishment 7#a7 ,in general ,in addition to the other requirements of this ,act1 not later than one year after the date of the enactment of this ,act1 the ,secretary of ,state shall develop and implement comprehensive sexual assault protocol and guidelines that conform to best practices in the sexual assault field and are applicable to all posts at which covered employees serve4 7#b7 ,consultation ,in developing the protocols and guidelines under paragraph 7#a71 the ,secretary shall consult with and incorporate1 as appropriate1 the recommendations and views of experts in the sexual assault prevention and response field1 victims1 victim advocates1 and current or former covered employees who have reported sexual assault or related retaliation4 7b7 ,elements ,the protocols and guidelines under subsection 7a77#a7 shall include the following services with respect to a covered employee who has made an allegation of sexual assault3 7#a7 ,protection of such employee's confidentiality4 7#b7 ,provision of a victim's advocate1 as described in subsection 7e71 who is able to refer the victim to supportive services and resources and explain the victim's rights at no cost to the victim4 7#c7 ,provision1 within #gb hours of a report1 of a sexual assault forensic evidence kit to such employee1 upon request4 7#d7 ,provision of emergency health care to such employee1 including1 to the greatest extent practicable1 a choice of medical providers and a mechanism for such employee to evaluate such provider4 7#e7 ,provision of comprehensive health services1 to the greatest extent practicable1 to include physical and mental health services4 7#f7 ,nothing in this subsection may be construed to authorize the furnishing of any medical benefit that the ,secretary of ,state is not otherwise authorized to reimburse for covered employees who receive treatment for injury or disease proximately caused by their service in the ,department of ,state4 7c7 ,notification ,diplomatic ,security ,office of ,special ,investigations shall be notified immediately of any reported sexual assault against any covered employee4 ,for the purposes of maintaining comprehensive records of all incidents of sexual misconduct at the ,department of ,state1 if ,diplomatic ,security receives the initial report of a sexual assault involving a covered employee1 ,diplomatic ,security shall notify the ,office of ,employee ,advocacy4 7d7 ,sexual ,assault ,prevention and ,response ,victim ,advocates 7#a7 ,in general ,the ,secretary of ,state shall ensure the ,victims' ,resource ,advocacy ,program1 as defined in the ,foreign ,assistance ,manual1 includes1 in the competitive service in ,diplomatic ,security within the ,department of ,state1 staff formally trained to provide victim-centered1 trauma-informed care and advocacy for victims of sexual assault4 7,in this subsection referred to as the ,advocates74 7#b7 ,duties ,the ,advocates shall-- 7,a7 receive continuous training in victim advocacy2 7,b7 assist the victim in navigating those processes required to obtain care and services needed2 and 7,c7 offer trauma-informed care to victims1 referrals1 and ongoing nonclinical support4 7#c7 ,limitations ,the ,advocates shall not be-- 7,a7 responsible for providing mental health services or to act as an investigator2 or 7,b7 placed under the ,department's medical offices or be responsible for providing physical health services4 7#d7 ,placement ,the ,secretary shall ensure that ,advocates are physically present at ,department headquarters1 major domestic and international facilities and embassies1 as determined by the ,department and with logistical consideration to allow for expedient travel to ,department facilities without ,advocates4 7e7 ,overseas post 7#a7 ,in general ,the ,department shall serve as the lead agency for reporting and responding to harassment1 discrimination1 sexual assault1 and related retaliation within an ,embassy1 ,consulate1 or other overseas location 7in this subsection referred to as an overseas post71 and shall make ,advocates and other resources available to victims of other agencies who fall under ,chief of ,mission authority at the overseas post4 7#b7 ,referral ,the ,department shall refer incident reporting to the appropriate agency for any employees working under ,chief of ,mission authority if the accused is not a covered employee of the ,department of ,state4 7#c7 ,chief of ,mission authority ,if a credible allegation of harassment1 discrimination1 sexual assault1 or related retaliation is made by a covered employee at an overseas post against a non-covered employee serving under ,chief of ,mission authority1 including against an employee of another executive agency or non-executive branch agencies operating under memoranda of understanding1 the ,chief of ,mission may use all authorities at their disposal to include revoking the non-covered employee's permission to be in the country on official business4 7#d7 ,diplomatic ,security ,training ,diplomatic ,security shall ensure that individuals serving as regional security officers in overseas posts are trained in victim-centered1 trauma-informed care and sexual assault investigation techniques4 7f7 ,sane program training ,the ,bureau of ,medical ,services within the ,department of ,state shall ensure that to the greatest extent practicable1 ,sexual ,assault ,nurse ,examiner trained staff shall be placed at ,department headquarters and major domestic and international facilities and embassies4 #e4 ,rights of employees harassed1 discriminated against1 retaliated against1 or sexually assaulted 7a7 ,right to legal counsel ,any covered employee filing a complaint of harassment1 discrimination1 sexual assault1 or related retaliation may have access to legal counsel as specified in section #c7;b74 7b7 ,availability of mediation during harassment investigations 7#a7 ,availability of mediation during investigation ,during the complaint intake of a covered employee's complaint under section #c-- 7,a7 the ,office of ,civil ,rights may inform the covered employee of the availability of mediation2 7,b7 the covered employee who filed the complaint and the accused covered employee may jointly file a request for mediation with the ,office of ,civil ,rights2 and 7,c7 the covered employee who filed the complaint and the accused employee may request the presence of an attorney or a victim advocate in the mediation4 7#b7 ,requiring parties to be separated during mediation at request of employee ,at the request of either party1 the parties shall be separated during any mediation proceeding under this subsection4 7c7 ,availability of alternate work assignment or paid leave of absence during pendency of procedures 7#a7 ,options for employees 7,a7 ,emergency curtailment of overseas assignment ,at the request of a covered employee who files a complaint of harassment1 discrimination1 sexual assault1 or related retaliation1 an employee may request emergency curtailment of his or her tour of duty at no penalty to their career progress and shall be reassigned4 ,such requests for emergency curtailment shall be approved by the ,secretary or their designee1 not post management1 within #aj days4 ,the ,department shall develop a process by which covered employees may request this option in a manner which does not inadvertently result in retaliation to the employee4 7,b7 ,alternate work assignment ,at the request of a covered employee who files a complaint1 during the pendency of any of the procedures available under this title for consideration of the violation1 the employing office shall permit the covered employee to carry out the employee's responsibilities from an alternate location where such relocation would have the effect of materially reducing interactions between the covered employee and any person alleged to have committed the violation1 instead of from a location of the employing office4 7,c7 ,exception for work assignments required to be carried out onsite ,if1 in the determination of the covered employee's employing office1 a covered employee who makes a request under this subsection cannot carry out the employee's responsibilities from an alternate location or such relocation would not have the effect described in subparagraph 7,b71 the employing office may during the pendency of the procedures described in subparagraph 7,b7-- 7i7 reassign the covered employee2 7ii7 make another workplace adjustment that would have the effect of reducing interactions between the covered employee and any person alleged to have committed the violation described in subparagraph 7,b72 or 7iii7 grant a paid leave of absence4 7,d7 ,ensuring no retaliation ,an employing office may not grant a covered employee's request under this subsection in a manner which would constitute retaliation in violation of any provision of law1 including any provision of title #e1 ,united ,states ,code4 7,e7 ,no impact on annual or personal leave ,in granting leave for a paid leave of absence under this section1 an employing office shall not require the covered employee to substitute1 for that leave1 any of the accrued paid annual leave of the covered employee4 7,f7 ,use of duty hours ,an employee may use up to #af hours of duty hours to prepare for the investigation and resolution of the applicable complaint4 7#b7 ,exception for arrangements subject to collective bargaining agreements ,paragraph 7#a7 does not apply to the extent that it is inconsistent with the terms and conditions of any collective bargaining agreement which is in effect with respect to an employing office4 7#c7 ,protections ,a request under paragraph 7#a7 may not be granted or carried out in a retaliatory manner1 including retaliation for whistleblowing in violation of the provisions of title #e1 ,united ,states ,code1 or any other provision of law4 7d7 ,exit interviews ,departing employees may request the opportunity to be interviewed in person with ,global ,talent ,management or its designee to discuss the circumstances of their departure and should be asked specifically about the prevalence of and incidents of harassment1 discrimination1 sexual assault1 and related retaliation4 #f4 ,provision of climate surveys 7a7 ,definitions ,in this section-- 7#a7 the term bureaus and offices of the ,department of ,state includes the ,foreign ,service 7as that term is defined in section #ajb of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cijb772 7#b7 the terms ,department of ,state and ,department include the ,foreign ,service2 and 7#c7 the terms employees and officials of the ,department of ,state includes members of the ,service 7as that term is defined in section #ajc of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cijc774 7b7 ,climate surveys of employees of the ,department of ,state 7#a7 ,requirement to conduct surveys ,not later than #ahj days after the date of the enactment of this ,act and every #b years thereafter1 the ,office of ,employee ,advocacy within the ,department of ,state shall conduct a survey of covered employees of the ,department of ,state regarding harassment1 discrimination1 sexual assault1 and related retaliation in ,department of ,state employment1 including a survey of the following3 7,a7 ,the prevalence of perceived violations by employees and officials of the ,department of ,state4 7,b7 ,the extent to which such violations arise from harassment or discrimination1 including on the basis of sex1 race1 religion1 national origin1 disability1 genetic information1 and other demographic characteristics4 7,c7 ,the presence of a hostile work environment in the agency4 7,d7 ,whether employees are aware of their rights and ,department processes and procedures1 and able to effectively exercise the rights and protections provided under this ,act and other applicable laws1 including the effectiveness of the procedures applicable under this ,act and other applicable laws for investigating and holding accountable violations4 7,e7 ,the extent to which employees feel comfortable making use of the available reporting and resolution mechanisms4 7,f7 ,for employees who have used the reporting and resolution mechanisms1 the extent to which the process was accessible and fair4 7#b7 ,special requirements 7,a7 ,in general ,in each survey conducted under this section1 the ,office of ,employee ,advocacy shall survey respondents regarding the prevalence of and attitudes regarding harassment1 discrimination1 sexual assault1 and related retaliation in ,department of ,state employment4 7,b7 ,compilation of information by various categories ,the ,office of ,employee ,advocacy shall endeavor to compile information from the survey on the basis of various categories of demographic characteristics1 including gender1 race and ethnicity1 and age1 so that the survey will report on the rates of incidents of harassment1 discrimination1 sexual assault1 and related retaliation affecting each such demographic category4 ,the provision of such demographic information shall be voluntary4 7,c7 ,consultation2 technical assistance ,the ,office of ,employee ,advocacy shall develop the survey in consultation with offices of the executive branch which currently conduct similar surveys of their employees1 including the ,sexual ,assault ,prevention and ,response ,office of the ,department of ,defense1 the ,office of ,violence ,against ,women of the ,department of ,justice1 and the ,merit ,systems ,protection ,board4 ,additionally1 in developing the survey1 the ,office of ,employee ,advocacy shall enter into agreement to receive technical assistance from ,workplaces ,respond to ,domestic and ,sexual ,violence3 ,a ,national ,resource ,center 7also known as ,workplaces ,respond71 the nonprofit nongovernmental entity described in section of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abeja74 7,d7 ,confidentiality ,the underlying data of the climate surveys shall only be available to the ,office of ,employee ,advocacy4 7#c7 ,methodology ,the ,office of ,employee ,advocacy shall conduct each survey under this section in accordance with the following3 7,a7 ,all responses to all portions of the survey shall be anonymous and confidential1 and each respondent shall be told throughout the survey that all responses shall be anonymous and confidential4 7,b7 ,the ,office of ,employee ,advocacy shall design the survey so that it will take no more than #ae minutes to complete1 and so that it may be taken online through the use of both stationary communication devices 7such as desktop computers7 and portable communication devices 7such as cell phones and tablets74 7,c7 ,the ,office of ,employee ,advocacy shall include in the survey a list of resources available to respondents who wish to get more information about harassment1 discrimination1 sexual assault1 or related retaliation in ,department of ,state employment1 including the services the ,department of ,state provides to individuals who allege violations4 #g4 ,reports to ,congress1 the ,department1 and the public 7a7 ,annual report 7#a7 ,in general ,not later than one year after the date of enactment1 and annually thereafter1 the ,secretary of ,state shall submit to the ,committee on ,foreign ,affairs and ,committee on ,oversight and ,reform of the ,house of ,representatives and the ,committee on ,foreign ,relations and ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report on allegations of harassment1 discrimination1 sexual assault1 and related retaliation involving employees and officials of the ,department of ,state during the preceding year4 7#b7 ,availability ,any report submitted under paragraph 7#a7 shall be made available to-- 7,a7 ,department personnel on internal websites and town hall meetings2 and 7,b7 to the general public on the ,department's public website4 7b7 ,contents ,each report under subsection 7a77#a7 shall contain the following3 7#a7 ,the number of instances of harassment1 discrimination1 sexual assault1 and related retaliation against employees and officials of the ,department of ,state1 and the number of instances of harassment1 discrimination1 sexual assault1 and related retaliation by employees and officials of the ,department1 that were reported to the ,department during the year covered by such report1 and the number of the cases so reported that were substantiated4 ,the types of harassment and discrimination shall be disaggregated by category4 7#b7 ,a summary of types of charges of1 and the disciplinary action taken1 in each such resolved case1 with identifying information of both the accused and complainant removed4 7#c7 ,the policies1 procedures1 and processes implemented by the ,secretary of ,state during the year covered by each such report in response to incidents of harassment1 discrimination1 sexual assault1 and related retaliation involving employees and officials of the ,department of ,state4 7#d7 ,a plan for the actions that are to be taken in the year following the year covered by each such report on the prevention of and response to harassment1 discrimination1 sexual assault1 and related retaliation involving employees and officials of the ,department of ,state4 7#e7 ,details on the average caseload of ,department investigators handling harassment1 discrimination1 sexual assault1 and related retaliation1 to include the number of staff working1 the average and median time to investigate cases1 and the number of extensions requested by the ,office of ,civil ,rights to conduct investigations past the #abj-;day timeframe4 7#f7 ,details on the average caseload of ,office of ,employee ,advocacy ,employee ,advocates and staff attorneys4 7#g7 ,details on cases of bystander intervention where a bystander assisted to counter or report incidents of harassment1 discrimination1 sexual assault1 and related retaliation4 7#h7 ,detailed findings and underlying data of the climate surveys required in section #f of this ,act1 including an independent assessment by the ,chief ,advocate1 not subject to the ,secretary of ,state1 of the current climate at the ,department of ,state with regard to harassment1 discrimination1 sexual assault1 and related retaliation4 7#i7 ,frequency with which those alleging harassment1 discrimination1 sexual assault1 or related retaliation took advantage of supportive services1 such as medical care or counseling4 7c7 ,assessment ,each report under paragraph 7#a7 for each year beginning with #bjba shall also include an assessment by the ,secretary of ,state of the implementation during the preceding fiscal year of the policies and procedures under section #b7;a7 of the ,department of ,state on the prevention of and response to harassment1 discrimination1 sexual assault1 and related retaliation involving employees and officials of the ,department in order to determine the effectiveness of such policies and procedures during such fiscal year in providing an appropriate response to such harassment1 discrimination1 sexual assault1 and related retaliation4 7d7 ,assessment of additional authorities needed ,not later than one year after the date of enactment of this ,act1 the ,secretary of ,state shall submit to ,congress a proposal for such changes and legislation as the ,secretary considers necessary to enhance the capability of the ,department of ,state to address matters relating to harassment1 discrimination1 sexual assault1 and related retaliation involving covered employees4 ,the report shall include recommendations for additional appropriations1 as appropriate1 to implement these changes4 #h4 ,required training for ,department personnel 7a7 ,whistleblower protection training ,not later than one year after the enactment of this ,act1 and annually thereafter1 the ,office of ,civil ,rights shall provide to each covered employee of the ,department of ,state training regarding whistleblower disclosures and protections4 ,such training shall include instruction and an explanation of the rights of such covered employee regarding whistleblowing1 including-- 7#a7 each method established by law in which a covered employee may file a whistleblower disclosure2 7#b7 the right of the covered employee to petition ,congress regarding a whistleblower disclosure2 and 7#c7 the fact that the covered employee may not be prosecuted or retaliated against for disclosing information to ,congress1 the ,inspector ,general1 or any other investigatory agency in instances where such disclosure is permitted by law1 rule1 or regulation4 7b7 ,bystander intervention training ,not later than one year after the enactment of this ,act1 and annually thereafter1 the ,office of ,civil ,rights shall provide to each covered employee of the ,department of ,state training regarding harassment1 discrimination1 sexual assault1 and related retaliation1 including-- 7#a7 describing what such conduct entails2 7#b7 identifying the types of conduct that serve as grounds to report or intervene2 7#c7 training on relevant laws that may require an officer or employee to report or intervene in instances of such conduct2 7#d7 reporting and intervening protocols and strategies for such conduct2 7#e7 specific training for covered employees who process allegations of such conduct against other covered employees2 and 7#f7 such training must be developed based on consultation with organizations with expertise in trauma-informed care1 effective strategies in prevention and response1 and healthy workplace culture4 7c7 ,supervisor training ,not later than one year after the enactment of this ,act1 and annually thereafter1 the ,office of ,civil ,rights shall provide and institute mandatory training on responding to complaints of harassment1 discrimination1 sexual assault1 and related retaliation to each covered employee of the ,department of ,state who is a supervisor4 ,such training must be developed based on consultation with organizations with expertise in trauma-informed care1 effective strategies in prevention and response1 and healthy workplace culture4 7d7 ,executive leadership training ,not later than one year after the enactment of this ,act1 and annually thereafter1 the ,office of ,civil ,rights shall provide and institute mandatory training for each covered employee serving in an executive leadership role1 including ,chiefs of ,mission4 ,the training shall emphasize the statutory requirements for reporting and responding to complaints of harassment1 discrimination1 sexual assault1 and related retaliation1 including-- 7#a7 understanding the damage and harm harassment1 discrimination1 sexual assault1 and related retaliation do to the employee and the organization2 7#b7 senior leadership's responsibility and role to create and foster a work environment free from harassment1 discrimination1 sexual assault1 and related retaliation2 and 7#c7 such training must be developed based on consultation with organizations with expertise in trauma-informed care1 effective strategies in prevention and response1 and healthy workplace culture4 7e7 ,policies and procedures ,not later than one year after the enactment of this ,act1 and annually thereafter1 the ,office of ,civil ,rights shall provide to each covered employee of the ,department of ,state training on the policies and procedures on harassment1 discrimination1 sexual assault1 and related retaliation applicable by operation of section #b4 ,employees should receive this training within #cj days of entering on duty4 ,such training must be developed based on consultation with organizations with expertise in trauma-informed care1 effective strategies in prevention and response1 and healthy workplace culture4 7f7 ,manager's ,toolkit ,the ,secretary of ,state shall establish resources1 to be referred to as a ,manager's ,toolkit1 to aid supervisors in understanding rights1 responsibilities1 and penalties associated with conduct of harassment1 discrimination1 sexual assault1 and related retaliation4 7g7 ,equal employment opportunity counselor training ,the ,office of ,civil ,rights shall revise the #cb hours of training provided to ,equal ,employment ,opportunity ,counselors to include the resources and responsibilities of the ,office of ,employee ,advocacy1 as well as the various means of communication available to employees to relay their complaints to ,,oea4 #i4 ,hiring1 vetting1 and promotion 7a7 ,in general ,the ,secretary of ,state1 in consultation with relevant agencies1 shall ensure that questions relating to harassment1 discrimination1 sexual assault1 and related retaliation complaints are included in any background investigation with respect to a security clearance or access determination and vetting of any covered employee4 7b7 ,requirements for appointment ,consistent with the civil service and ,foreign ,service laws and regulations1 the ,secretary of ,state shall ensure that a background investigation on any potential sexual assault is conducted before an individual is appointed to a position within the ,department4 7c7 ,requirements for promotion into the senior foreign service or senior executive service ,the ,secretary of ,state shall ensure that potential candidates are vetted for their history of promoting a work environment free from harassment and discrimination4 ,promotion boards shall take into account whether candidates have a history of offenses that occurred under their leadership1 regardless of whether the candidate was named an offender or not4 7d7 ,promotion policy objectives ,consistent with the civil service and ,foreign ,service laws and regulations1 the ,secretary of ,state shall ensure that promotion precepts and selection panels reward officers who have volunteered to serve as ,equal ,employment ,opportunity ,counselors1 and that documentation of the precepts emphasize that counseling experience is to be viewed as valuable experience preparing officers to perform in senior-level positions with respect to the leadership1 management1 and interpersonal skills precepts4 #aj4 ,nondisclosure and nondisparagement agreements 7a7 ,definitions ,in this section-- 7#a7 ,employee ,the term employee means any individual subject to section #gag of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af71 section #daa7;c7 of title #c1 ,united ,states ,code1 or section #aja7;a77#c7 of the ,congressional ,accountability ,act of #aiie4 7#b7 ,employer ,the term employer means any employing office referred to in section #acja7;a77#i7 of title #b1 ,united ,states ,code1 or section #daa7;c77#b7 of title #c1 ,united ,states ,code1 or department1 agency1 or unit referred to in subsection 7a7 of section #gag of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af74 7#c7 ,nondisclosure clause ,the term nondisclosure clause means a provision in a contract or agreement establishing that one or more parties to the contract or agreement agrees not to disclose information covered by the terms and conditions of the contract or agreement4 7#d7 ,nondisparagement clause ,the term nondisparagement clause means a provision in a contract or agreement requiring one or more parties to the contract or agreement not to make negative statements about another such party4 7b7 ,unlawful practices 7#a7 ,in general ,it shall be an unlawful practice for an employer to enter into a contract or agreement with an employee1 as a condition of employment1 promotion1 compensation1 benefits1 or change in employment status1 or as a term1 condition1 or privilege of employment1 if that contract or agreement contains a nondisparagement clause or nondisclosure clause that covers prohibited discrimination or harassment in employment or contracting1 or retaliation for reporting1 resisting1 opposing1 or assisting in the investigation of such discrimination or harassment4 7#b7 ,enforcement ,notwithstanding any other provision of law1 it shall be an unlawful practice for an employer to enforce or attempt to enforce a nondisclosure or nondisparagement clause that covers prohibited discrimination or harassment in employment1 or retaliation for reporting1 resisting1 opposing1 or assisting in the investigation of such discrimination or harassment4 ,an employer's enforcement or attempts to enforce such a nondisclosure agreement against an employee shall be determined to be prohibited retaliation4 7#c7 ,settlement or separation agreements 7,a7 ,in general ,the provisions of paragraphs 7#a7 and 7#b7 do not apply to a nondisparagement clause or nondisclosure clause contained in a settlement agreement or separation agreement that resolves legal claims or disputes if-- 7i7 such legal claims accrued or such disputes arose before the settlement agreement or separation agreement was executed2 7ii7 the clause involved is mutually agreed upon by and mutually benefits both-- 7,i7 the employer1 as the case may be2 and 7,,ii7 the employee2 7iii7 the employee's agreement to such clause is knowing and voluntary1 as described in subparagraph 7,c72 and 7iv7 the settlement agreement or separation agreement expressly states that the agreement involved does not prohibit1 prevent1 or otherwise restrict a worker from-- 7,i7 reporting the allegations underlying those settled claims to the ,equal ,employment ,opportunity ,commission1 any other ,federal1 ,state1 or local agency with the authority to enforce laws 7including regulations7 that prohibit discrimination or harassment in employment1 as the case may be1 or law enforcement2 7,,ii7 testifying at1 assisting1 or participating in an investigation or proceeding conducted by the ,equal ,employment ,opportunity ,commission1 any other ,federal1 ,state1 or local agency with the authority to enforce laws 7including regulations7 that prohibit discrimination or harassment in employment1 as the case may be1 or law enforcement2 or 7,,iii7 testifying in a hearing or trial or complying with a request for discovery in relation to civil litigation4 7,b7 ,prohibition on sole benefit ,for purposes of this paragraph1 it shall be an unlawful practice for an employer to unilaterally include a nondisparagement clause or nondisclosure clause that solely benefits the employer in a separation or settlement agreement4 7,c7 ,knowing and voluntary agreement ,for purposes of this paragraph1 agreement to a nondisparagement clause or nondisclosure clause may not be considered knowing and voluntary unless at a minimum-- 7i7 the nondisparagement clause or nondisclosure clause is written in a manner designed to ensure that the employee understands the content of the clause involved2 7ii7 the nondisparagement clause or nondisclosure clause is included only in exchange for consideration of value provided to the employee1 in addition to anything of value to which the employee is already entitled2 7iii7 the nondisparagement clause or nondisclosure clause does not apply to any rights or claims that arise after the date the settlement or separation agreement is executed2 7iv7 the employee is advised in writing to consult with an attorney prior to agreeing to such an agreement that includes a nondisparagement clause or nondisclosure clause2 7v7 the employee is given a period of at least #ba days to consider any proposal for a settlement or separation agreement that includes a nondisparagement clause or nondisclosure clause2 and 7vi7 the settlement or separation agreement provides that for a period of at least #g days following the execution of such agreement the employee may revoke the agreement1 and the agreement shall not become effective or enforceable until the revocation period has expired4 7,d7 ,burden of proof ,in any dispute that may arise over whether any of the requirements of subparagraph 7,a7 have been met1 the party asserting the validity of an agreement shall have the burden of proving that the requirements of subparagraph 7,a7 have been met4 7,e7 ,participation in investigations or proceedings ,no nondisparagement clause or nondisclosure clause may affect the ability of an employee to testify at1 assist1 or participate in an investigation or proceeding conducted by the ,equal ,employment ,opportunity ,commission1 any ,federal1 ,state1 or local agency with the authority to enforce laws 7including regulations7 that prohibit discrimination in employment1 as the case may be1 or a law enforcement agency4 7,f7 ,prohibition on damages ,under no circumstances shall an employee be required to pay damages for breach of a nondisparagement clause or nondisclosure clause permitted by this paragraph in excess of an amount equal to the consideration of value provided to the worker in exchange for the workers' agreement to the nondisparagement clause or nondisclosure clause4 7c7 ,enforcement 7#a7 ,enforcement powers ,with respect to the administration and enforcement of this section in the case of a claim alleged by an employee against an employer for a violation of this section-- 7,a7 the ,commission shall have the same powers as the ,commission has to administer and enforce title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7,b7 the ,librarian of ,congress shall have the same powers as the ,librarian of ,congress has to administer and enforce title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 in the case of a claim alleged by an employee of the employer for a violation of such title2 7,c7 the ,board 7as defined in section #aja7;a7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja7;a777 shall have the same powers as the ,board has to administer and enforce the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 in the case of a claim alleged by an employee of the employer for a violation of section #bja7;a77#a7 of such ,act 7#b ,u4,s4,c4 #acaa7;a77#a772 7,d7 the ,president1 the ,commission1 and the ,merit ,systems ,protection ,board shall have the same powers as the ,president1 the ,commission1 and the ,board1 respectively1 have to administer and enforce chapter #e of title #c1 ,united ,states ,code1 in the case of a claim alleged by an employee of the employer for a violation of section #daa of such title2 and 7,e7 a court of the ,united ,states shall have the same jurisdiction and powers as the court has to enforce-- 7i7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 in the case of a claim alleged by an employee of the employer for a violation of such title2 7ii7 the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 in the case of a claim alleged by an employee of the employer for a violation of section #bja7;a77#a7 of such ,act 7#b ,u4,s4,c4 #acaa7;a77#a772 and 7iii7 chapter #e of title #c1 ,united ,states ,code1 in the case of a claim alleged by an employee of the employer for a violation of section #daa of such title4 7#b7 ,procedures and remedies ,the procedures and remedies applicable to a claim alleged by an employee against the employer for a violation of this section are-- 7,a7 the procedures and remedies applicable for a violation of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 in the case of a claim alleged by an employee of the employer for a violation of such title2 7,b7 the procedures and remedies applicable for a violation of section #bja7;a77#a7 of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acaa7;a77#a77 in the case of a claim alleged by an employee of the employer for a violation of such section2 and 7,c7 the procedures and remedies applicable for a violation of section #daa of title #c1 ,united ,states ,code1 in the case of a claim alleged by an employee of the employer for a violation of such section4 7d7 ,right ,to report reserved ,notwithstanding signing 7before1 on1 or after the effective date of this ,act7 any nondisparagement clause or nondisclosure clause1 an employee retains-- 7#a7 any right that person would otherwise have had to report a concern about harassment1 including sexual harassment1 in employment or another violation of the law to the ,commission1 another ,federal agency 7including an office of the legislative or judicial branch71 a ,state or local fair employment practices agency or any other ,state or local agency1 or a law enforcement agency2 and 7#b7 any right that person would otherwise have had to bring an action in a court of the ,united ,states4 7e7 ,regulations 7#a7 ,in general ,except as provided in paragraphs 7#b71 7#c71 and 7#d71 the ,commission shall have authority to issue regulations to carry out this section4 7#b7 ,librarian of congress ,the ,librarian of ,congress shall have authority to issue regulations to carry out this section with respect to workers of the ,library of ,congress4 7#c7 ,board ,the ,board referred to in subsection 7c77#a77;,c7 shall have authority to issue regulations to carry out this section1 in accordance with section #cjd of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #achd71 with respect to employees described in subsection 7c77#a77;,c74 7#d7 ,president ,the ,president shall have authority to issue regulations to carry out this section with respect to employees described in subsection 7c77#a77;,e74 7f7 ,remedies ,notwithstanding any other provision of this ,act1 in an action or administrative proceeding against the ,united ,states for a violation of this section1 remedies 7including remedies at law and in equity1 and interest7 are available for the violation to the same extent as the remedies are available for a violation of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 by an employer1 except that-- 7#a7 punitive damages are not available2 and 7#b7 compensatory damages are available to the extent specified in section #aigg;,a7b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha;a7b774