,,ii #aagth ,,congress #ast ,session ,s4 #cdbf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #af1 #bjba,mr4 ,menendez 7for himself1 ,mr4 ,booker1 ,mr4 ,van ,hollen1 ,mrs4 ,shaheen1 ,mr4 ,kaine1 ,mr4 ,cardin1 ,mr4 ,merkley1 ,mr4 ,markey1 ,mr4 ,schatz1 ,mr4 ,coons1 and ,mr4 ,murphy7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to promote diversity at the ,department of ,state1 to direct the ,secretary of ,state to review the termination characterization of former members of the ,department who were fired by reason of their sexual orientation1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,department of ,state ,inclusivity ,act of #bjba4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,a ,diverse ,workforce3 ,recruitment1 ,retention1 and ,promotion,sec4 #aja4 ,definitions4,sec4 #ajb4 ,office of the ,chief ,diversity and ,inclusion ,officer4,sec4 #ajc4 ,collection1 analysis1 and dissemination of workforce data4,sec4 #ajd4 ,workforce interviews4,sec4 #aje4 ,recruitment and retention4,sec4 #ajf4 ,sense of ,congress on support for equal employment opportunity and merit principles criteria4,sec4 #ajg4 ,leadership engagement and accountability4,sec4 #ajh4 ,professional development opportunities and tools4,sec4 #aji4 ,examination and oral assessment for the ,foreign ,service4,sec4 #aaj4 ,sense of ,congress on veterans' recruitment for the ,foreign ,service4,sec4 #aaa4 ,department of ,state and ,,usaid fellowships and programs4,sec4 #aab4 ,expansion of ,diplomats in ,residence ,program4,sec4 #aac4 ,use of gender neutral terms in employee evaluation forms4,sec4 #aad4 ,voluntary participation4,sec4 #aae4 ,sense of ,congress on diversity1 equity1 and inclusion in the foreign affairs workforce4,sec4 #aaf4 ,employee assignment restrictions and preclusions4,sec4 #aag4 ,mentorship program4,sec4 #aah4 ,senior ,executive ,service ,candidate ,development ,program4,,title ,,ii--,,love ,act of #bjba,sec4 #bja4 ,short title4,sec4 #bjb4 ,findings4,sec4 #bjc4 ,director ,general review4,sec4 #bjd4 ,reports on reviews4,sec4 #bje4 ,establishment of ,reconciliation ,board4,sec4 #bjf4 ,issuance of apology4,sec4 #bjg4 ,establishment of permanent exhibit on the ,lavender ,scare4,sec4 #bjh4 ,guidance on issuing visas4,sec4 #bji4 ,establishment of ,advancement ,board4,,title ,,iii--,,shape ,act of #bjba,sec4 #cja4 ,short title2 rule of construction4,sec4 #cjb4 ,department of ,state policy and procedures on prevention and response to harassment1 discrimination1 sexual assault1 and related retaliation4,sec4 #cjc4 ,reporting1 documentation1 and investigation procedures4,sec4 #cjd4 ,sexual assault protocol and victim care4,sec4 #cje4 ,rights of employees harassed1 discriminated against1 retaliated against1 or sexually assaulted4,sec4 #cjf4 ,provision of climate surveys4,sec4 #cjg4 ,reports to ,congress1 the ,department1 and the public4,sec4 #cjh4 ,required training for ,department personnel4,sec4 #cji4 ,hiring1 vetting1 and promotion4,sec4 #caj4 ,nondisclosure and nondisparagement agreements4,sec4 #caa4 ,sense of ,congress on sexual harassment and assault prevention and eradication in the foreign affairs workforce4 ,i ,a ,diverse ,workforce3 ,recruitment1 ,retention1 and ,promotion #aja4 ,definitions ,in this title3 7#a7 ,applicant flow data ,the term applicant flow data means data that tracks the rate of applications for job positions among demographic categories4 7#b7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#c7 ,demographic data ,the term demographic data means facts or statistics relating to the demographic categories specified in the ,office of ,management and ,budget statistical policy directive entitled ,standards for ,maintaining1 ,collecting1 and ,presenting ,federal ,data on ,race and ,ethnicity 7#ha ,fed4 ,reg4 #fgcih74 7#d7 ,department ,the term ,department means the ,department of ,state4 7#e7 ,diversity ,the term diversity means those classes of persons protected under the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a et seq47 and the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,state4 7#g7 ,workforce ,the term workforce means-- 7,a7 individuals serving in a position in the civil service 7as defined in section #baja of title #e1 ,united ,states ,code72 7,b7 individuals who are members of the ,foreign ,service 7as defined in section #ajc of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cijb772 7,c7 all individuals serving under a personal services agreement or personal services contract2 7,d7 all individuals serving under a ,foreign ,service ,limited appointment under section #cji of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cidi72 or 7,e7 individuals working in the ,department of ,state under any other authority4 #ajb4 ,office of the ,chief ,diversity and ,inclusion ,officer ,section #a of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfea;a7 is amended-- 7#a7 by redesignating subsection 7g7 as subsection 7h72 and 7#b7 by inserting after subsection 7f7 the following new subsection3 7g7 ,chief ,diversity and ,inclusion ,officer 7#a7 ,in general ,there shall be established within the ,department of ,state in the immediate office of the ,secretary an ,office of the ,chief ,diversity and ,inclusion ,officer1 which shall have at least two additional members of staff4 ,the head of the ,office of the ,chief ,diversity and ,inclusion ,officer shall report directly to the ,secretary4 7#b7 ,duties ,the ,office of the ,chief ,diversity and ,inclusion ,officer shall-- 7,a7 lead the development and implementation of proactive diversity1 equity1 and inclusion initiatives in support of the ,department's strategic plan to create a culture for diversity1 equity1 and inclusion2 7,b7 work with the ,office of ,management and ,budget to assess areas of improvement for recruitment and retention2 7,c7 ensure the recruitment and retention of a diverse workforce1 including through collaboration with other ,department offices and bureaus to support them in assessing potential barriers and developing recruitment and retention strategies2 7,d7 recommend training initiatives on cultural competency1 gender differences1 disability1 sexual harassment1 explicit and implicit bias1 and other topics designed to increase awareness and support of equity and inclusion values2 7,e7 ensure the ,department maintains compliance with all relevant and applicable laws and regulations2 and 7,f7 coordinate and engage with the ,office of ,civil ,rights and the ,bureau of ,global ,talent ,management as necessary4 4 #ajc4 ,collection1 analysis1 and dissemination of workforce data 7a7 ,initial report ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall1 in consultation with the ,director of the ,office of ,personnel ,management and the ,director of the ,office of ,management and ,budget1 submit to the appropriate congressional committees a report1 which shall also be posted on a publicly available website of the ,department in a searchable database format1 that includes disaggregated demographic data and other information regarding the diversity of the workforce of the ,department4 7b7 ,data ,the report under subsection 7a7 shall include the following data3 7#a7 ,demographic data on each element of the workforce of the ,department1 disaggregated by rank and grade or grade-equivalent1 with respect to the following groups3 7,a7 ,applicants for positions in the ,department4 7,b7 ,individuals hired to join the workforce4 7,c7 ,individuals promoted during the #b-year period ending on the date of the enactment of this ,act1 including promotions to and within the ,senior ,executive ,service or the ,senior ,foreign ,service4 7,d7 ,individuals serving on applicable selection boards4 7,e7 ,members of any external advisory committee or board who are subject to appointment by individuals at senior positions in the ,department4 7,f7 ,individuals participating in professional development programs of the ,department1 and the extent to which such participants have been placed into senior positions within the ,department after such participation4 7,g7 ,individuals participating in mentorship or retention programs4 7,h7 ,individuals who separated from the agency during the #b-year period ending on the date of the enactment of this ,act1 including individuals in the ,senior ,executive ,service or the ,senior ,foreign ,service4 7#b7 ,an assessment of agency compliance with the essential elements identified in ,equal ,employment ,opportunity ,commission ,management ,directive #gae1 effective ,october #a1 #bjjc4 7#c7 ,data on the overall number of individuals who are part of the workforces of the ,department of ,state overall and within each bureau of the ,department1 the percentages of such workforce corresponding to each element listed in section #aja7f71 and the percentages corresponding to each rank1 grade1 or grade-equivalent4 7#d7 ,data on the promotion outcomes of women and racial or ethnic minorities in mid-career ranks of the workforce4 7#e7 ,demographic data1 disaggregated by rank and grade or grade-equivalent1 of contractors and subcontractors1 as well as the nongovernmental organizations and civil society organizations that win bids or obtain contracts and grants and serve as subcontractors4 7c7 ,recommendation ,the ,secretary may include in the report under subsection 7a7 a recommendation to the ,director of the ,office of ,management and ,budget and to the appropriate congressional committees regarding whether the ,department should collect more detailed data on demographic categories in addition to the race and ethnicity categories specified in the ,office of ,management and ,budget statistical policy directive entitled ,standards for ,maintaining1 ,collecting1 and ,presenting ,federal ,data on ,race and ,ethnicity 7#ha ,fed4 ,reg4 #fgcih74 7d7 ,other contents ,the report under subsection 7a7 shall also describe the efforts of the ,department-- 7#a7 to propagate fairness1 impartiality1 and inclusion in the work environment1 both domestically and abroad2 7#b7 to enforce anti-harassment and anti-discrimination policies2 7#c7 to refrain from engaging in unlawful discrimination in any phase of the employment process1 including recruitment1 hiring1 evaluation1 assignments1 promotion1 retention1 and training2 7#d7 to prevent retaliation against employees for participating in a protected equal employment opportunity activity2 7#e7 to provide reasonable accommodation for qualified employees and applicants with disabilities2 and 7#f7 to recruit a representative workforce by-- 7,a7 recruiting women and minorities2 7,b7 recruiting at women's colleges1 historically ,black colleges and universities1 minority-serving institutions1 and other institutions serving a significant percentage of minority students2 7,c7 placing job advertisements in newspapers1 magazines1 and job sites oriented toward women and minorities2 7,d7 sponsoring and recruiting at job fairs in urban and rural communities and land-grant colleges or universities2 7,e7 providing opportunities through the ,foreign ,service ,internship ,program under chapter #ab of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #dada et seq47 and other hiring initiatives1 including a description of efforts to provide opportunities for paid internships2 7,f7 recruiting mid-level and senior-level professionals through programs designed to increase minority representation in international affairs2 7,g7 offering the ,foreign ,service written and oral assessment examinations in multiple locations throughout the ,united ,states to reduce the burden of applicants having to travel at their own expense to take either or both such examinations2 and 7,h7 supporting recruiting and hiring opportunities including through-- 7i7 the ,charles ,b4 ,rangel ,international ,affairs ,fellowship ,program2 7ii7 the ,thomas ,r4 ,pickering ,foreign ,affairs ,fellowship ,program2 7iii7 the ,international ,career ,advancement ,program2 and 7iv7 other initiatives1 including agency-wide policy initiatives4 7e7 ,annual updates ,not later than one year after the publication of the report required under subsection 7a71 and annually thereafter for five years1 the ,secretary shall1 in consultation with the ,director of the ,office of ,personnel ,management and the ,director of the ,office of ,management and ,budget1 provide a report to the appropriate congressional committees1 which shall be posted on the ,department's website and may be included in another annual report required under another provision of law1 that includes-- 7#a7 disaggregated demographic data relating to the workforce and information on the status of diversity and inclusion efforts of the ,department2 7#b7 an analysis of applicant flow data2 and 7#c7 disaggregated demographic data relating to participants in professional development programs of the ,department and the rate of placement into senior positions for participants in such programs4 #ajd4 ,workforce interviews 7a7 ,retained members ,the ,director ,general of the ,foreign ,service and the ,director of the ,bureau of ,global ,talent ,management of the ,department should conduct periodic interviews with a representative and diverse cross-section of the workforce of the ,department-- 7#a7 to understand the reasons of individuals in such workforce for remaining in a position in the ,department2 and 7#b7 to receive feedback on workplace policies1 professional development opportunities1 and other issues affecting the decision of individuals in the workforce to remain in the ,department4 7b7 ,departing members ,the ,director ,general of the ,foreign ,service and the ,director of the ,bureau of ,global ,talent ,management shall provide an opportunity for an exit interview to each individual in the workforce of the ,department who separates from service with the ,department to better understand the reasons of such individual for leaving such service4 7c7 ,use of analysis from interviews ,the ,director ,general of the ,foreign ,service and the ,director of the ,bureau of ,global ,talent ,management shall analyze demographic data and other information obtained through interviews under subsections 7a7 and 7b7 to determine-- 7#a7 to what extent1 if any1 the diversity of those conducting the interviews impacts the results2 and 7#b7 whether to implement any policy changes or include any recommendations in a report required under subsection 7a7 or 7e7 of section #ajb relating to the determination reached pursuant to paragraph 7#a74 7d7 ,tracking data ,the ,chief ,diversity ,officer shall-- 7#a7 track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs2 7#b7 annually evaluate such data-- 7,a7 to identify ways to improve outreach and recruitment for such programs1 consistent with merit system principles2 and 7,b7 to understand the extent to which participation in any professional development program offered or sponsored by the ,department differs among the demographic categories of the workforce2 and 7#c7 actively encourage participation from a range of demographic categories1 especially from categories with consistently low participation1 in such professional development programs4 #aje4 ,recruitment and retention 7a7 ,in general ,the ,secretary should-- 7#a7 continue to seek a diverse and talented pool of applicants2 and 7#b7 instruct the ,director ,general of the ,foreign ,service and the ,director of the ,bureau of ,global ,talent ,management of the ,department to have a plan of action for the recruitment of people belonging to traditionally underrepresented groups1 which should include outreach at appropriate colleges1 universities1 affinity groups1 and professional associations4 7b7 ,scope ,the diversity recruitment initiatives described in subsection 7a7 should include-- 7#a7 recruiting at women's colleges1 historically ,black colleges and universities1 minority-serving institutions1 and other institutions serving a significant percentage of minority students2 7#b7 placing job advertisements in newspapers1 magazines1 and job sites oriented toward diverse groups2 7#c7 sponsoring and recruiting at job fairs in urban and rural communities and land-grant colleges or universities2 7#d7 providing opportunities through highly respected1 international leadership programs1 that focus on diversity recruitment and retention2 and 7#e7 cultivating partnerships with organizations dedicated to the advancement of the profession of international affairs and national security to advance shared diversity goals4 7c7 ,expand training on anti-,harassment and anti-,discrimination 7#a7 ,in general ,the ,secretary shall1 through the ,foreign ,service ,institute and other educational and training opportunities-- 7,a7 expand the provision of training on workplace rights and responsibilities to focus on anti-harassment and anti-discrimination information and policies2 7,b7 expand the provision of training on workplace rights and responsibilities to focus on explicit and implicit bias1 including training on the effects of bias2 and 7,c7 make such expanded training mandatory for-- 7i7 individuals in senior and supervisory positions2 and 7ii7 individuals having responsibilities related to recruitment1 retention1 or promotion of employees4 7#b7 ,best practices ,each agency shall give special attention to ensuring the continuous incorporation of evidence-based best practices in training provided under this subsection4 #ajf4 ,sense of ,congress on support for equal employment opportunity and merit principles criteria ,it is the sense of ,congress that-- 7#a7 the support for equal employment opportunity and merit principles criteria for tenure and promotion in the ,foreign ,service is critical to promoting a more diverse ,foreign ,service2 7#b7 equal employment opportunity and merit principles criteria for tenure and promotion in the ,civil ,service is critical to promoting a more diverse ,civil ,service2 and 7#c7 the ,department should-- 7,a7 develop mechanisms to ensure that the ,foreign ,service promotion list appropriately promotes a diverse workforce2 7,b7 develop mechanisms to ensure that the ,civil ,service appropriately promotes a diverse workforce2 7,c7 establish criteria within the ,foreign ,service ,employee ,evaluation ,report that include evaluating the support of ,foreign ,service officers for equal employment opportunities2 and 7,d7 establish criteria to evaluate the support of ,civil ,service officers for equal employment opportunities4 #ajg4 ,leadership engagement and accountability 7a7 ,reward and recognize efforts ,to promote diversity and inclusion 7#a7 ,in general ,the ,secretary shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the ,department in fostering an inclusive environment and cultivating talent consistent with merit system principles1 such as through participation in mentoring programs or sponsorship initiatives1 recruitment events1 and other similar opportunities4 7#b7 ,outreach events ,the ,secretary shall create opportunities for individuals in senior positions and supervisors in the ,department to participate in outreach events and to discuss issues relating to diversity and inclusion within the workforce on a regular basis1 including with employee resource groups4 7b7 ,sense of ,congress on external advisory committees and boards ,it is the sense of ,congress that the ,secretary should ensure that qualified teams that represent the diversity of the ,department review in advance appointments to external advisory committees or boards by senior officials in the ,department4 #ajh4 ,professional development opportunities and tools 7a7 ,expand provision of professional development and career advancement opportunities ,the ,secretary is authorized to expand professional development opportunities that support the mission needs of the ,department1 such as-- 7#a7 academic programs2 7#b7 private-public exchanges2 and 7#c7 detail assignments to relevant positions in-- 7,a7 private or international organizations2 7,b7 ,state1 local1 and ,tribal governments2 7,c7 other branches of the ,federal ,government2 or 7,d7 schools of international affairs or those with related programs4 7b7 ,training for senior positions 7#a7 ,in general ,the ,secretary shall offer1 or sponsor members of the workforce to participate in1 a ,senior ,executive ,service candidate development program or other program that trains members on the skills required for appointment to senior positions in the ,department4 7#b7 ,requirements ,in determining which members of the workforce are granted professional development or career advancement opportunities under paragraph 7#a71 the ,secretary shall-- 7,a7 ensure any program offered or sponsored by the ,department under such subparagraph comports with the requirements of subpart ,c of part #dab of title #e1 ,code of ,federal ,regulations1 or any successor thereto1 including merit staffing and assessment requirements2 7,b7 consider the number of expected vacancies in senior positions as a factor in determining the number of candidates to select for such programs2 7,c7 understand how participation in any program offered or sponsored by the ,department under such subparagraph differs by gender1 race1 national origin1 disability status1 or other demographic categories2 and 7,d7 actively encourage participation from a range of demographic categories1 especially from categories with consistently low participation4 #aji4 ,examination and oral assessment for the ,foreign ,service 7a7 ,sense of congress ,it is the sense of ,congress that the ,department should offer both the ,foreign ,service written examination and oral assessment in more locations throughout the ,united ,states4 ,doing so would ease the financial burden on potential candidates who do not currently reside in and must travel at their own expense to one of the few locations where these assessments are offered4 7b7 ,foreign service examinations ,section #cja7;b7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cida7 is amended-- 7#a7 by striking ,the ,secretary and inserting3 7#a7 ,the ,secretary2 and 7#b7 by adding at the end the following new paragraphs3 7#b7 ,the ,secretary shall ensure that the ,board of ,examiners for the ,foreign ,service annually offers the oral assessment examinations described in paragraph 7#a7 in cities1 chosen on a rotating basis1 located in at least three different time zones across the ,united ,states1 and that those examinations give sufficient weight to a candidate's commitment to inclusion and diversity4 7#c7 ,the ,secretary shall consider whether participants in ,department fellowship programs should be required to take oral examinations1 and whether there is any justification for requiring certain1 but not all1 fellowship participants to take such examinations4 4 #aaj4 ,sense of ,congress on veterans' recruitment for the ,foreign ,service ,it is the sense of ,congress that the ,foreign ,service exam should be offered in multiple diverse locations1 at least in three different time zones in a calendar year1 to encourage more accessibility to the test1 especially for veterans and members of the ,united ,states ,armed ,forces transitioning to civilian life4 #aaa4 ,department of ,state and ,,usaid fellowships and programs 7a7 ,education grants ,the ,secretary of ,state may make grants to postsecondary educational institutions1 including minority-serving institutions1 or students for the purpose of increasing knowledge and awareness of and interest in employment with the ,civil ,service4 ,to the extent possible1 the ,secretary shall give special emphasis to promoting such knowledge and awareness of1 and interest in employment with1 the ,civil ,service among minority students4 ,any grants awarded shall be made pursuant to regulations to be established by the ,secretary of ,state1 which shall provide for a limit on the size of any specific grant and1 regarding any grants to individuals1 shall ensure that no grant recipient receives an amount of grants from one or more ,federal programs which in the aggregate would exceed the cost of his1 her1 or their education and shall require satisfactory educational progress by grantees as a condition of eligibility for continued receipt of grant funds4 7b7 ,donald ,m4 ,payne ,international ,development ,fellowship ,program ,undergraduate and graduate components of the ,donald ,m4 ,payne ,international ,development ,fellowship ,program are authorized and encouraged to conduct outreach to attract outstanding students with an interest in pursuing a ,foreign ,service career who represent diverse ethnic and socioeconomic backgrounds4 7c7 ,review of past programs ,the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development shall review past and present programs1 including the ,donald ,m4 ,payne ,international ,development ,fellowship ,program1 the ,thomas ,r4 ,pickering ,fellowship in ,international ,affairs1 and the ,charles ,b4 ,rangel ,international ,affairs ,program1 designed to increase minority representation in international affairs positions4 #aab4 ,expansion of ,diplomats in ,residence ,program ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,state shall double the number of diplomats in the ,diplomats in ,residence ,program as of the date of the enactment of this ,act4 #aac4 ,use of gender neutral terms in employee evaluation forms ,the ,secretary shall develop a pilot program to use gender neutral terms in employee evaluation forms4 #aad4 ,voluntary participation 7a7 ,in general ,nothing in this title shall be construed so as to compel any ,department personnel to participate in the collection of the data or divulge any personal information4 ,department employees shall be informed that their participation in the data collection contemplated by this title is voluntary4 7b7 ,privacy protection ,any data collected under this title shall be subject to the relevant privacy protection statutes and regulations applicable to ,federal employees4 #aae4 ,sense of ,congress on diversity1 equity1 and inclusion in the foreign affairs workforce ,it is the sense of ,congress that the foreign affairs workforce1 including the ,united ,states ,agency for ,international ,development1 the ,broadcasting ,board of ,governors1 the ,peace ,corps1 the ,development ,finance ,corporation1 and the ,millennium ,challenge ,corporation1 should take significant steps to improve diversity1 equity1 and inclusion in their workforce1 especially as it relates to recruitment1 retention1 and promotion4 #aaf4 ,employee assignment restrictions and preclusions 7a7 ,sense of ,congress ,it is the sense of ,congress that the ,department of ,state should expand the appeal process it makes available to employees related to assignment preclusions and restrictions4 7b7 ,appeals of assignment restriction or preclusion ,section #dad7;a7 of the ,department of ,state ,authorities ,act1 ,fiscal ,year #bjag 7#bb ,u4,s4,c4 #bgcd;c7a77 is amended by adding at the end the following3 ,the right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the ,department regarding denial or revocation of a security clearance1 including the participation of the ,chief ,diversity and ,inclusion ,officer serving on the ,security ,appeals ,panel as part of any appeals process4 ,any such appeal shall be resolved not later than #fj days after the appeal is filed44 #aag4 ,mentorship program 7a7 ,in general ,the ,foreign ,service ,act of #aihj is amended by inserting after section #gjh 7#bb ,u4,s4,c4 #djbh7 the following new section3 #gji4 ,mentorship program 7a7 ,in general ,the ,secretary of ,state shall establish in the ,department of ,state a mentorship program to match interested participants who are-- 7#a7 entry-level members of the ,foreign ,service2 and 7#b7 mid-level members of the ,foreign ,service4 7b7 ,duration ,individuals participating in the mentorship program under this section should participate for a minimum of two years4 7c7 ,employee ,affinity ,groups ,members of ,employee ,affinity ,groups shall be encouraged to participate in the mentorship program established under this section4 7d7 ,service as a mentor in the mentorship program may be considered as satisfying the criteria described in section #fjc7;b77#a74 4 7b7 ,clerical amendment ,the table of contents in section #b of the ,foreign ,service ,act of #aihj is amended by inserting after the item relating to section #gjh the following new item3 ,sec4 #gji4 ,mentorship program4 4 7c7 ,mentorship program for civil service 7#a7 ,in general ,the ,secretary of ,state shall establish a mentorship program to match mentors with interested participants who are-- 7,a7 members of the civil service at the ,,gs-#ab level and below2 and 7,b7 members of the civil service from at the ,,gs-#ac level to the ,,gs-#ae level4 7#b7 ,duration ,individuals participating in the civil service mentorship program under paragraph 7#a7 should participate for a minimum of two years4 7#c7 ,inclusion of employee affinity groups ,members of employee affinity groups shall be encouraged to participate in the civil service mentorship program established under paragraph 7#a74 #aah4 ,senior ,executive ,service ,candidate ,development ,program 7a7 ,in general ,the ,secretary of ,state shall offer the ,senior ,executive ,service ,candidate ,development ,program every three years to members of the civil service at the ,department of ,state at the ,,gs-#ad and ,,gs-#ae levels4 7b7 ,report ,the ,secretary of ,state shall submit to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives a report detailing disaggregated demographic information of candidates referred by each bureau of the ,department of ,state to interview for the ,senior ,executive ,service1 including de-identified demographic information1 disaggregated by bureau1 relating to the diversity of such candidates4 ,,ii ,,love ,act of #bjba #bja4 ,short title ,this title may be cited as the ,lavender ,offense ,victim ,exoneration ,act of #bjba or the ,,love ,act of #bjba4 #bjb4 ,findings ,congress makes the following findings3 7#a7 ,during the so-called ,lavender ,scare1 at least #a1jjj people were wrongfully dismissed from the ,department of ,state for alleged homosexuality during the #aiejs and well into the #aifjs4 7#b7 ,according to the ,department of ,state's ,bureau of ,diplomatic ,security1 ,department of ,state employees were forced out of the ,department on the grounds that their sexual orientation ostensibly made them vulnerable to blackmail and rendered them security risks4 7#c7 ,in addition to those wrongfully terminated1 many other patriotic ,americans were prevented from joining the ,department due to a screening process that was put in place to prevent the hiring of those who1 according to the findings of the ,bureau of ,diplomatic ,security1 8seemed like they might be gay or lesbian04 7#d7 ,congress bears some responsibility for these discriminatory actions as the ,department's actions were in part a response to congressional investigations into sex perversion of ,federal employees1 reports on the employment of moral perverts by ,government ,agencies1 hearings and pressure placed on the ,department through the appropriations process and congressional complaints that ,foggy ,bottom was rampant with homosexuals who were sympathetic to ,communism and vulnerable to blackmail4 7#e7 ,between #aiej and #aifi1 the ,department of ,state was required to report on the number of homosexuals fired each year as part of their annual appeals before the ,committees on ,appropriations4 7#f7 ,although the worst effects of the ,lavender ,scare are behind us1 as recently as the early #aiijs1 the ,department of ,state's diplomatic security office was investigating ,state personnel thought to be gay and driving them out of government service as security risks4 7#g7 ,in #aiid1 ,secretary of ,state ,warren ,christopher issued a prohibition against discrimination at the ,department of ,state1 including that based on sexual orientation4 7#h7 ,in #aiih1 ,president ,william ,jefferson ,clinton signed ,executive ,order #acjhg barring discrimination on the basis of sexual orientation4 7#i7 ,on ,january #i1 #bjag1 ,secretary of ,state ,john ,kerry issued a statement regarding the ,lavender ,scare1 saying1 ,on behalf of the ,department1 ,i apologize to those who were impacted by the practices of the past and reaffirm the ,department's steadfast commitment to diversity and inclusion for all our employees1 including members of the ,,lgbti community44 #bjc4 ,director ,general review 7a7 ,review ,the ,director ,general of the ,foreign ,service and ,director of the ,bureau of ,global ,talent ,management of the ,department of ,state1 in consultation with the ,historian of the ,department of ,state1 shall review all employee terminations that occurred after ,january #a1 #aiej1 to determine who was wrongfully terminated owing to their sexual orientation or gender identity1 whether real or perceived4 7b7 ,report ,not later than #bgj days after the date of the enactment of this ,act1 the ,director ,general shall1 consistent with applicable privacy regulations1 compile the information required under subsection 7a7 in a publicly available report4 ,the report shall include historical statements made by officials of the ,department of ,state and ,congress encouraging and implementing policies and tactics that led to the termination of employees due to their sexual orientation or gender identity4 #bjd4 ,reports on reviews 7a7 ,reviews ,the ,secretary of ,state shall conduct reviews of the consistency and uniformity of the reviews conducted by the ,director ,general under section #bjc4 7b7 ,reports ,not later than #bgj days after the date of the enactment of this ,act1 and annually thereafter for #b years1 the ,secretary shall submit to ,congress a report on the reviews conducted under section #bjc4 ,each report shall include any comments or recommendations for continued actions4 #bje4 ,establishment of ,reconciliation ,board 7a7 ,establishment ,the ,secretary of ,state shall establish1 within the ,office of ,civil ,rights of the ,department of ,state1 an independent ,reconciliation ,board to review the reports released by the ,director ,general of the ,foreign ,service and the ,director of the ,bureau of ,global ,talent ,management under section #bjc7;b74 7b7 ,duties ,the ,reconciliation ,board shall-- 7#a7 consistent with applicable privacy regulations1 contact all employees found to be fired due to the ,lavender ,scare or1 in the case of deceased former employees1 the family members of the employees1 to inform them that their termination from the ,department of ,state has been deemed inappropriate and that1 if they wish1 their employment record can be changed to reflect these findings2 7#b7 designate a point of contact at a senior level position within the ,office of the ,director ,general of the ,foreign ,service and the ,director of the ,bureau of ,global ,talent ,management to receive oral testimony of any employees or family members of deceased employees mentioned in the report who personally experienced discrimination and termination because of the actual or perceived sexual orientation or gender identity in order that such testimony may serve as an official record of these discriminatory policies and their impact on the lives of ,united ,states citizens serving their ,nation2 and 7#c7 provide an opportunity for any former employee not mentioned in the report to bring forth a grievance to the ,board if they believe they were terminated due to their sexual orientation or gender identity4 7c7 ,review of claims 7#a7 ,in general ,the ,board shall review each claim described in subsection 7b7 within #aej days of receiving the claim4 ,lack of paperwork may not be used as a basis for dismissing any claims4 7#b7 ,cooperation ,the ,department of ,state shall be responsible for producing pertinent information regarding each claim to prove the employee was not wrongfully terminated4 7d7 ,termination ,the ,board shall terminate #e years after the date of the enactment of this ,act4 #bjf4 ,issuance of apology 7a7 ,finding ,secretary of ,state ,kerry delivered the following apology on ,january #i1 #bjag3 ,throughout my career1 including as ,secretary of ,state1 ,i have stood strongly in support of the ,,lgbti community1 recognizing that respect for human rights must include respect for all individuals4 ,,lgbti employees serve as proud members of the ,state ,department and valued colleagues dedicated to the service of our country4 ,for the last several years1 the ,department has pressed for the families of ,,lgbti officers to have the same protections overseas as families of other officers4 ,in #bjae1 to further promote ,,lgbti rights throughout the world1 ,i appointed the first ever ,special ,envoy for the ,human ,rights of ,,lgbti ,persons4 ,in the past--as far back as the #aidjs1 but continuing for decades--the ,department of ,state was among many public and private employers that discriminated against employees and job applicants on the basis of perceived sexual orientation1 forcing some employees to resign or refusing to hire certain applicants in the first place4 ,these actions were wrong then1 just as they would be wrong today4 ,on behalf of the ,department1 ,i apologize to those who were impacted by the practices of the past and reaffirm the ,department's steadfast commitment to diversity and inclusion for all our employees1 including members of the ,,lgbti community44 7b7 ,congressional apology ,congress hereby offers a formal apology for its responsibility in encouraging the ,lavender ,scare and similar policies at the ,department of ,state1 as these policies were in part a response to congressional investigations into sex perversion of ,federal employees1 reports on the employment of moral perverts by ,government ,agencies1 and hearings or pressure otherwise placed on the ,department of ,state through the appropriations process4 #bjg4 ,establishment of permanent exhibit on the ,lavender ,scare 7a7 ,in general ,the ,secretary of ,state1 working with the current public-private partnership associated with the ,department of ,state's ,united ,states ,diplomacy ,center1 shall establish a permanent exhibit on the ,lavender ,scare in the museum to assure that the history of this discriminatory episode is not brushed aside4 7b7 ,specifications ,the exhibit-- 7#a7 shall be installed at the museum not later than one year after the date of enactment of this ,act2 7#b7 shall provide access to the reports compiled by the ,director ,general of the ,foreign ,service and the ,director of the ,bureau of ,global ,talent ,management under section #bjc7;b72 and 7#c7 shall readily display material gathered from oral testimony received pursuant to section #bje7;b77#b7 from employees or family members of deceased employees who were subject to these discriminatory policies during the ,lavender ,scare4 #bjh4 ,guidance on issuing visas ,to demonstrate the ,department of ,state's commitment to ensuring fairness for current employees1 not later than #ajj days after the date of the enactment of this ,act1 the ,secretary of ,state shall submit to ,congress a report on countries not issuing spousal visas to the spouses of all ,foreign ,service personnel posted overseas due to their sexual orientation or gender identity4 ,this report shall include any comments or recommendations for actions1 including eliminating visa reciprocity with countries found to be instituting these practices against the spouses of ,foreign ,service personnel1 that will lead to ensuring that all spouses of ,foreign ,service personnel receive spousal visas for the country their spouse is assigned1 regardless of sexual orientation or gender identity4 #bji4 ,establishment of ,advancement ,board 7a7 ,establishment ,the ,secretary of ,state shall establish1 within the ,office of the ,director ,general of the ,department of ,state1 a board comprised of senior-level officials to address the issues faced by ,,lgbtqi ,foreign ,service employees and their families4 7b7 ,hearing of testimony ,the ,advancement ,board shall hear testimony from any willing ,,lgbtqi ,foreign ,service employees and their families regarding any discrimination they have faced due to their sexual orientation4 7c7 ,report 7#a7 ,in general ,not later than #ajj days after completing collection of testimony described under subsection 7b71 and annually thereafter for #e years1 the ,advancement ,board shall submit to ,congress a report based on the testimony4 7#b7 ,content ,the report required under paragraph 7#a7 shall include any comments or recommendations for continued actions to improve the ,department of ,state to ensure that no employee or their family members experience discrimination due to their sexual orientation or gender identity4 7#c7 ,privacy ,the report required under paragraph 7#a7 shall remain private and will only be accessible to ,members of ,congress1 their appropriate staff1 and members of the ,advancement ,board4 ,,iii ,,shape ,act of #bjba #cja4 ,short title2 rule of construction 7a7 ,short title ,this title may be cited as the ,state ,harassment and ,assault ,prevention and ,eradication ,act of #bjba or the ,,shape ,act of #bjba4 7b7 ,rule of construction ,nothing in this title 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 #cjb4 ,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 title4 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 members of the ,,lgbtqi community1 entry-level officers1 and locally employed staff4 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 #cjg4 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 disciplining incidents of harassment1 discrimination1 sexual assault1 or related retaliation occurring between covered employees and non-covered employees4 #cjc4 ,reporting1 documentation1 and investigation procedures 7a7 ,definitions ,in this title3 7#a7 ,the term covered employee means-- 7,a7 any officer or employee 7including any temporary1 part-time1 contract1 intermittent employee1 intern1 fellow1 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 any individual who is engaged by an employer or entity as a contractor4 7#b7 ,the term ,office of ,employee ,advocacy means the ,office of ,employee ,advocacy1 as established under subsection 7b74 7#c7 ,the term ,office of ,civil ,rights means the ,office of ,civil ,rights within the ,department of ,state4 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 ,state4 7#e7 ,the term ,diplomatic ,security means the ,bureau of ,diplomatic ,security within the ,department of ,state4 7#f7 ,the term harassment means as follows3 7,a7 ,harassment is 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 environment4 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 nature4 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 environment4 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 apply3 7i7 ,the 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 harassment4 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 isolation4 7iii7 ,the factors specified in this clause are among the factors to be considered in determining whether conduct constitutes harassment and are not meant to be exhaustive4 ,none of these factors shall be considered to be determinative in establishing whether conduct constitutes harassment4 ,factors to be used in determining whether conduct constitutes harassment include-- 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 involved4 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 ,the duties of the ,office of ,employee ,advocacy are as follows3 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 title1 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 the ,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 ,provide assistance to complainants without undue pressure from ,department of ,state 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 #cjf4 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 ,department of ,state 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 ,department of ,state1 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 title 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 shall notify the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives 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 #faj7;c77#a7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djaj7;c77#a77 is amended to read as follows3 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 #faj7;a77#a7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djaj7;a77#a77 is amended to read as follows3 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 title and other applicable laws4 7#b7 ,reports to ,congress ,an analysis of such case reviews shall be annually reported to the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,oversight and ,reform and the ,committee on ,foreign ,affairs of the ,house of ,representatives in the report required under section #cjg7;a74 #cjd4 ,sexual assault protocol and victim care 7a7 ,establishment 7#a7 ,in general ,in addition to the other requirements of this title1 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 #cje4 ,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 #cjc7;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 #cjc-- 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 against 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 #cjf4 ,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 title and other applicable laws1 including the effectiveness of the procedures applicable under this title 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 #cjg4 ,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 ,relations and ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,foreign ,affairs and ,committee on ,oversight and ,reform of the ,house of ,representatives 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 #cjf1 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 #bjbb 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 #cjh4 ,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 #cjb4 ,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 #cji4 ,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 #caj4 ,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 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 title1 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 #caa4 ,sense of ,congress on sexual harassment and assault prevention and eradication in the foreign affairs workforce ,it is the sense of ,congress that the foreign affairs workforce1 including the ,united ,states ,agency for ,international ,development1 the ,broadcasting ,board of ,governors1 the ,peace ,corps1 the ,development ,finance ,corporation1 and the ,millennium ,challenge ,corporation1 should take significant steps to prevent and eradicate sexual harassment and assault4