ernmental Affairs and Committee on Foreign Rela-
tions of the Senate in the report mandated in section 
7(a). 
SEC. 4. SEXUAL ASSAULT PROTOCOL AND VICTIM CARE. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—In addition to the other re-
quirements of this Act, not later than one year after 
the date of the enactment of this Act, 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 
serve. 
(2) CONSULTATION.—In developing the proto-
cols and guidelines under paragraph (1), the Sec-
retary shall consult with and incorporate, as appro-
priate, the recommendations and views of experts in 
the sexual assault prevention and response field, vic-
tims, victim advocates, and current or former cov-
ered employees who have reported sexual assault or 
related retaliation. 
(b) ELEMENTS.—The protocols and guidelines under 
subsection (a)(1) shall include the following services with 
respect to a covered employee who has made an allegation 
of sexual assault: 
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(1) Protection of such employee’s confiden-
tiality. 
(2) Provision of a victim’s advocate, as de-
scribed in subsection (e), who is able to refer the vic-
tim to supportive services and resources and explain 
the victim’s rights at no cost to the victim. 
(3) Provision, within 72 hours of a report, of a 
sexual assault forensic evidence kit to such em-
ployee, upon request. 
(4) Provision of emergency health care to such 
employee, including, to the greatest extent prac-
ticable, a choice of medical providers and a mecha-
nism for such employee to evaluate such provider. 
(5) Provision of comprehensive health services, 
to the greatest extent practicable, to include physical 
and mental health services. 
(6) Nothing in this subsection may be con-
strued 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 State. 
(c) NOTIFICATION.—Diplomatic Security Office of 
Special Investigations shall be notified immediately of any 
reported sexual assault against any covered employee. For 
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the purposes of maintaining comprehensive records of all 
incidents of sexual misconduct at the Department of 
State, if Diplomatic Security receives the initial report of 
a sexual assault involving a covered employee, Diplomatic 
Security shall notify the Office of Employee Advocacy. 
(d) SEXUAL ASSAULT PREVENTION AND RESPONSE 
VICTIM ADVOCATES.— 
(1) IN GENERAL.—The Secretary of State shall 
ensure the Victims’ Resource Advocacy Program, as 
defined in the Foreign Assistance Manual, includes, 
in the competitive service in Diplomatic Security 
within the Department of State, staff formally 
trained to provide victim-centered, trauma-informed 
care and advocacy for victims of sexual assault. (In 
this subsection referred to as the ‘‘Advocates’’). 
(2) DUTIES.—The Advocates shall— 
(A) receive continuous training in victim 
advocacy; 
(B) assist the victim in navigating those 
processes required to obtain care and services 
needed; and 
(C) offer trauma-informed care to victims, 
referrals, and ongoing nonclinical support. 
(3) LIMITATIONS.—The Advocates shall not 
be— 
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(A) responsible for providing mental health 
services or to act as an investigator; or 
(B) placed under the Department’s med-
ical offices or be responsible for providing phys-
ical health services. 
(4) PLACEMENT.—The Secretary shall ensure 
that Advocates are physically present at Department 
headquarters, major domestic and international fa-
cilities and embassies, as determined by the Depart-
ment and with logistical consideration to allow for 
expedient travel to Department facilities without Ad-
vocates. 
(e) OVERSEAS POST.— 
(1) IN GENERAL.—The Department shall serve 
as the lead agency for reporting and responding to 
harassment, discrimination, sexual assault, and re-
lated retaliation within an Embassy, Consulate, or 
other overseas location (in this subsection referred to 
as an ‘‘overseas post’’), and shall make Advocates 
and other resources available to victims of other 
agencies who fall under Chief of Mission authority at 
the overseas post. 
(2) REFERRAL.—The Department shall refer 
incident reporting to the appropriate agency for any 
employees working under Chief of Mission authority 
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if the accused is not a covered employee of the De-
partment of State. 
(3) CHIEF OF MISSION AUTHORITY.—If a cred-
ible allegation of harassment, discrimination, sexual 
assault, or related retaliation is made by a covered 
employee at an overseas post against a non-covered 
employee serving under Chief of Mission authority, 
including against an employee of another executive 
agency or non-executive branch agencies operating 
under memoranda of understanding, the Chief of 
Mission may use all authorities at their disposal to 
include revoking the non-covered employee’s permis-
sion to be in the country on official business. 
(4) DIPLOMATIC SECURITY TRAINING.—Diplo-
matic Security shall ensure that individuals serving 
as regional security officers in overseas posts are 
trained in victim-centered, trauma-informed care 
and sexual assault investigation techniques. 
(f) SANE PROGRAM TRAINING.—The Bureau of Med-
ical Services within the Department of State shall ensure 
that to the greatest extent practicable, Sexual Assault 
Nurse Examiner trained staff shall be placed at Depart-
ment headquarters and major domestic and international 
facilities and embassies. 
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SEC. 5. RIGHTS OF EMPLOYEES HARASSED, DISCRIMI-
NATED AGAINST, RETALIATED AGAINST, OR 
SEXUALLY ASSAULTED. 
(a) RIGHT TO LEGAL COUNSEL.—Any covered em-
ployee filing a complaint of harassment, discrimination, 
sexual assault, or related retaliation may have access to 
legal counsel as specified in section 3(b). 
(b) AVAILABILITY OF MEDIATION DURING HARASS-
MENT INVESTIGATIONS.— 
(1) AVAILABILITY OF MEDIATION DURING IN-
VESTIGATION.—During the complaint intake of a 
covered employee’s complaint under section 3— 
(A) the Office of Civil Rights may inform 
the covered employee of the availability of medi-
ation; 
(B) the covered employee who filed the 
complaint and the accused covered employee 
may jointly file a request for mediation with the 
Office of Civil Rights; and 
(C) the covered employee who filed the 
complaint and the accused employee may re-
quest the presence of an attorney or a victim 
advocate in the mediation. 
(2) REQUIRING
PARTIES
TO
BE
SEPARATED 
DURING MEDIATION AT REQUEST OF EMPLOYEE.— 
At the request of either party, the parties shall be 
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separated during any mediation proceeding under 
this subsection. 
(c) AVAILABILITY OF ALTERNATE WORK ASSIGN-
MENT OR PAID LEAVE OF ABSENCE DURING PENDENCY 
OF PROCEDURES.— 
(1) OPTIONS FOR EMPLOYEES.— 
(A) EMERGENCY CURTAILMENT OF OVER-
SEAS ASSIGNMENT.—At the request of a cov-
ered employee who files a complaint of harass-
ment, discrimination, sexual assault, or related 
retaliation, an employee may request emergency 
curtailment of his or her tour of duty at no 
penalty to their career progress and shall be re-
assigned. Such requests for emergency curtail-
ment shall be approved by the Secretary or 
their designee, not post management, within 10 
days. The Department shall develop a process 
by which covered employees may request this 
option in a manner which does not inadvert-
ently result in retaliation to the employee. 
(B) ALTERNATE WORK ASSIGNMENT.—At 
the request of a covered employee who files a 
complaint, during the pendency of any of the 
procedures available under this title for consid-
eration of the violation, the employing office 
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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 be-
tween the covered employee and any person al-
leged to have committed the violation, instead 
of from a location of the employing office. 
(C) EXCEPTION FOR WORK ASSIGNMENTS 
REQUIRED TO BE CARRIED OUT ONSITE.—If, in 
the determination of the covered employee’s em-
ploying office, 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 (B), the em-
ploying office may during the pendency of the 
procedures described in subparagraph (B)— 
(i) reassign the covered employee; 
(ii) make another workplace adjust-
ment that would have the effect of reduc-
ing interactions between the covered em-
ployee and any person alleged to have com-
mitted the violation described in subpara-
graph (B); or 
(iii) grant a paid leave of absence. 
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(D) ENSURING NO RETALIATION.—An em-
ploying office may not grant a covered employ-
ee’s request under this subsection in a manner 
which would constitute retaliation in violation of 
any provision of law, including any provision of 
title 5, United States Code. 
(E) NO IMPACT ON ANNUAL OR PERSONAL 
LEAVE.—In granting leave for a paid leave of 
absence under this section, an employing office 
shall not require the covered employee to sub-
stitute, for that leave, any of the accrued paid 
annual leave of the covered employee. 
(F) USE OF DUTY HOURS.—An employee 
may use up to 16 hours of duty hours to pre-
pare for the investigation and resolution of the 
applicable complaint. 
(2) EXCEPTION FOR ARRANGEMENTS SUBJECT 
TO COLLECTIVE BARGAINING AGREEMENTS.—Para-
graph (1) does not apply to the extent that it is in-
consistent with the terms and conditions of any col-
lective bargaining agreement which is in effect with 
respect to an employing office. 
(3) PROTECTIONS.—A request under paragraph 
(1) may not be granted or carried out in a retalia-
tory manner, including retaliation for whistleblowing 
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in violation of the provisions of title 5, United States 
Code, or any other provision of law. 
(d) 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 spe-
cifically about the prevalence of and incidents of harass-
ment, discrimination, sexual assault, and related retalia-
tion. 
SEC. 6. PROVISION OF CLIMATE SURVEYS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘bureaus and offices of the De-
partment of State’’ includes the Foreign Service (as 
that term is defined in section 102 of the Foreign 
Service Act of 1980 (22 U.S.C. 3902)); 
(2) the terms ‘‘Department of State’’ and ‘‘De-
partment’’ include the Foreign Service; and 
(3) the terms ‘‘employees and officials of the 
Department of State’’ includes members of the Serv-
ice (as that term is defined in section 103 of the 
Foreign Service Act of 1980 (22 U.S.C. 3903)). 
(b) CLIMATE SURVEYS OF EMPLOYEES OF THE DE-
PARTMENT OF STATE.— 
(1) REQUIREMENT
TO
CONDUCT
SURVEYS.— 
Not later than 180 days after the date of the enact-
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ment of this Act and every 2 years thereafter, the 
Office of Employee Advocacy within the Department 
of State shall conduct a survey of covered employees 
of the Department of State regarding harassment, 
discrimination, sexual assault, and related retaliation 
in Department of State employment, including a 
survey of the following: 
(A) The prevalence of perceived violations 
by employees and officials of the Department of 
State. 
(B) The extent to which such violations 
arise from harassment or discrimination, in-
cluding on the basis of sex, race, religion, na-
tional origin, disability, genetic information, 
and other demographic characteristics. 
(C) The presence of a hostile work environ-
ment in the agency. 
(D) Whether employees are aware of their 
rights and Department processes and proce-
dures, and able to effectively exercise the rights 
and protections provided under this Act and 
other applicable laws, including the effectiveness 
of the procedures applicable under this Act and 
other applicable laws for investigating and hold-
ing accountable violations. 
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(E) The extent to which employees feel 
comfortable making use of the available report-
ing and resolution mechanisms. 
(F) For employees who have used the re-
porting and resolution mechanisms, the extent 
to which the process was accessible and fair. 
(2) SPECIAL REQUIREMENTS.— 
(A) IN
GENERAL.—In each survey con-
ducted under this section, the Office of Em-
ployee Advocacy shall survey respondents re-
garding the prevalence of and attitudes regard-
ing harassment, discrimination, sexual assault, 
and related retaliation in Department of State 
employment. 
(B) COMPILATION
OF
INFORMATION
BY 
VARIOUS
CATEGORIES.—The Office of Em-
ployee Advocacy shall endeavor to compile infor-
mation from the survey on the basis of various 
categories of demographic characteristics, in-
cluding gender, race and ethnicity, and age, so 
that the survey will report on the rates of inci-
dents of harassment, discrimination, sexual as-
sault, and related retaliation affecting each 
such demographic category. The provision of 
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such demographic information shall be vol-
untary. 
(C) CONSULTATION; TECHNICAL
ASSIST-
ANCE.—The Office of Employee Advocacy shall 
develop the survey in consultation with offices 
of the executive branch which currently conduct 
similar surveys of their employees, including the 
Sexual Assault Prevention and Response Office 
of the Department of Defense, the Office of Vi-
olence Against Women of the Department of 
Justice, and the Merit Systems Protection 
Board. Additionally, in developing the survey, 
the Office of Employee Advocacy shall enter 
into agreement to receive technical assistance 
from Workplaces Respond to Domestic and 
Sexual Violence: A National Resource Center 
(also known as ‘‘Workplaces Respond’’), the 
nonprofit nongovernmental entity described in 
section of the Violence Against Women Act of 
1994 (34 U.S.C. 12501). 
(D) CONFIDENTIALITY.—The underlying 
data of the climate surveys shall only be avail-
able to the Office of Employee Advocacy. 
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(3) METHODOLOGY.—The Office of Employee 
Advocacy shall conduct each survey under this sec-
tion in accordance with the following: 
(A) All responses to all portions of the sur-
vey shall be anonymous and confidential, and 
each respondent shall be told throughout the 
survey that all responses shall be anonymous 
and confidential. 
(B) The Office of Employee Advocacy shall 
design the survey so that it will take no more 
than 15 minutes to complete, and so that it 
may be taken online through the use of both 
stationary communication devices (such as 
desktop computers) and portable communica-
tion devices (such as cell phones and tablets). 
(C) The Office of Employee Advocacy shall 
include in the survey a list of resources avail-
able to respondents who wish to get more infor-
mation about harassment, discrimination, sex-
ual assault, or related retaliation in Department 
of State employment, including the services the 
Department of State provides to individuals 
who allege violations. 
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SEC. 7. REPORTS TO CONGRESS, THE DEPARTMENT, AND 
THE PUBLIC. 
(a) ANNUAL REPORT.— 
(1) IN
GENERAL.—Not later than one year 
after the date of enactment, and annually thereafter, 
the Secretary of State shall submit to the Committee 
on Foreign Affairs and Committee on Oversight and 
Reform of the House of Representatives and the 
Committee on Foreign Relations and Committee on 
Homeland Security and Governmental Affairs of the 
Senate a report on allegations of harassment, dis-
crimination, sexual assault, and related retaliation 
involving employees and officials of the Department 
of State during the preceding year. 
(2) 
AVAILABILITY.—Any 
report 
submitted 
under paragraph (1) shall be made available to— 
(A) Department personnel on internal 
websites and town hall meetings; and 
(B) to the general public on the Depart-
ment’s public website. 
(b) CONTENTS.—Each report under subsection (a)(1) 
shall contain the following: 
(1) The number of instances of harassment, 
discrimination, sexual assault, and related retaliation 
against employees and officials of the Department of 
State, and the number of instances of harassment, 
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discrimination, sexual assault, and related retaliation 
by employees and officials of the Department, that 
were reported to the Department during the year 
covered by such report, and the number of the cases 
so reported that were substantiated. The types of 
harassment 
and 
discrimination 
shall 
be 
disaggregated by category. 
(2) A summary of types of charges of, and the 
disciplinary action taken, in each such resolved case, 
with identifying information of both the accused and 
complainant removed. 
(3) The policies, procedures, and processes im-
plemented by the Secretary of State during the year 
covered by each such report in response to incidents 
of harassment, discrimination, sexual assault, and 
related retaliation involving employees and officials 
of the Department of State. 
(4) 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 harass-
ment, discrimination, sexual assault, and related re-
taliation involving employees and officials of the De-
partment of State. 
(5) Details on the average caseload of Depart-
ment investigators handling harassment, discrimina-
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tion, sexual assault, and related retaliation, to in-
clude the number of staff working, the average and 
median time to investigate cases, and the number of 
extensions requested by the Office of Civil Rights to 
conduct investigations past the 120-day timeframe. 
(6) Details on the average caseload of Office of 
Employee Advocacy Employee Advocates and staff 
attorneys. 
(7) Details on cases of bystander intervention 
where a bystander assisted to counter or report inci-
dents of harassment, discrimination, sexual assault, 
and related retaliation. 
(8) Detailed findings and underlying data of 
the climate surveys required in section 6 of this Act, 
including an independent assessment by the Chief 
Advocate, not subject to the Secretary of State, of 
the current climate at the Department of State with 
regard to harassment, discrimination, sexual assault, 
and related retaliation. 
(9) Frequency with which those alleging harass-
ment, discrimination, sexual assault, or related retal-
iation took advantage of supportive services, such as 
medical care or counseling. 
(c) ASSESSMENT.—Each report under paragraph (1) 
for each year beginning with 2021 shall also include an 
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assessment by the Secretary of State of the implementa-
tion during the preceding fiscal year of the policies and 
procedures under section 2(a) of the Department of State 
on the prevention of and response to harassment, discrimi-
nation, sexual assault, and related retaliation involving 
employees and officials of the Department in order to de-
termine the effectiveness of such policies and procedures 
during such fiscal year in providing an appropriate re-
sponse to such harassment, discrimination, sexual assault, 
and related retaliation. 
(d) ASSESSMENT
OF
ADDITIONAL
AUTHORITIES 
NEEDED.—Not later than one year after the date of en-
actment of this Act, the Secretary of State shall submit 
to Congress a proposal for such changes and legislation 
as the Secretary considers necessary to enhance the capa-
bility of the Department of State to address matters relat-
ing to harassment, discrimination, sexual assault, and re-
lated retaliation involving covered employees. The report 
shall include recommendations for additional appropria-
tions, as appropriate, to implement these changes. 
SEC. 8. REQUIRED TRAINING FOR DEPARTMENT PER-
SONNEL. 
(a) WHISTLEBLOWER PROTECTION TRAINING.—Not 
later than one year after the enactment of this Act, and 
annually thereafter, the Office of Civil Rights shall provide 
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to each covered employee of the Department of State 
training regarding whistleblower disclosures and protec-
tions. Such training shall include instruction and an expla-
nation of the rights of such covered employee regarding 
whistleblowing, including— 
(1) each method established by law in which a 
covered employee may file a whistleblower disclosure; 
(2) the right of the covered employee to petition 
Congress regarding a whistleblower disclosure; and 
(3) the fact that the covered employee may not 
be prosecuted or retaliated against for disclosing in-
formation to Congress, the Inspector General, or any 
other investigatory agency in instances where such 
disclosure is permitted by law, rule, or regulation. 
(b) BYSTANDER
INTERVENTION
TRAINING.—Not 
later than one year after the enactment of this Act, and 
annually thereafter, the Office of Civil Rights shall provide 
to each covered employee of the Department of State 
training regarding harassment, discrimination, sexual as-
sault, and related retaliation, including— 
(1) describing what such conduct entails; 
(2) identifying the types of conduct that serve 
as grounds to report or intervene; 
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(3) training on relevant laws that may require 
an officer or employee to report or intervene in in-
stances of such conduct; 
(4) reporting and intervening protocols and 
strategies for such conduct; 
(5) specific training for covered employees who 
process allegations of such conduct against other 
covered employees; and 
(6) such training must be developed based on 
consultation with organizations with expertise in 
trauma-informed care, effective strategies in preven-
tion and response, and healthy workplace culture. 
(c) SUPERVISOR TRAINING.—Not later than one year 
after the enactment of this Act, and annually thereafter, 
the Office of Civil Rights shall provide and institute man-
datory training on responding to complaints of harass-
ment, discrimination, sexual assault, and related retalia-
tion to each covered employee of the Department of State 
who is a supervisor. Such training must be developed 
based on consultation with organizations with expertise in 
trauma-informed care, effective strategies in prevention 
and response, and healthy workplace culture. 
(d) EXECUTIVE LEADERSHIP TRAINING.—Not later 
than one year after the enactment of this Act, and annu-
ally thereafter, the Office of Civil Rights shall provide and 
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institute mandatory training for each covered employee 
serving in an executive leadership role, including Chiefs 
of Mission. The training shall emphasize the statutory re-
quirements for reporting and responding to complaints of 
harassment, discrimination, sexual assault, and related re-
taliation, including— 
(1) understanding the damage and harm har-
assment, discrimination, sexual assault, and related 
retaliation do to the employee and the organization; 
(2) senior leadership’s responsibility and role to 
create and foster a work environment free from har-
assment, discrimination, sexual assault, and related 
retaliation; and 
(3) such training must be developed based on 
consultation with organizations with expertise in 
trauma-informed care, effective strategies in preven-
tion and response, and healthy workplace culture. 
(e) POLICIES AND PROCEDURES.—Not later than one 
year after the enactment of this Act, and annually there-
after, the Office of Civil Rights shall provide to each cov-
ered employee of the Department of State training on the 
policies and procedures on harassment, discrimination, 
sexual assault, and related retaliation applicable by oper-
ation of section 2. Employees should receive this training 
within 30 days of entering on duty. Such training must 
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be developed based on consultation with organizations 
with expertise in trauma-informed care, effective strate-
gies in prevention and response, and healthy workplace 
culture. 
(f) MANAGER’S TOOLKIT.—The Secretary of State 
shall establish resources, to be referred to as a ‘‘Manager’s 
Toolkit’’, to aid supervisors in understanding rights, re-
sponsibilities, and penalties associated with conduct of 
harassment, discrimination, sexual assault, and related re-
taliation. 
(g) EQUAL EMPLOYMENT OPPORTUNITY COUNSELOR 
TRAINING.—The Office of Civil Rights shall revise the 32 
hours of training provided to Equal Employment Oppor-
tunity Counselors to include the resources and responsibil-
ities of the Office of Employee Advocacy, as well as the 
various means of communication available to employees to 
relay their complaints to OEA. 
SEC. 9. HIRING, VETTING, AND PROMOTION. 
(a) IN GENERAL.—The Secretary of State, in con-
sultation with relevant agencies, shall ensure that ques-
tions relating to harassment, discrimination, sexual as-
sault, and related retaliation complaints are included in 
any background investigation with respect to a security 
clearance or access determination and vetting of any cov-
ered employee. 
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(b) REQUIREMENTS FOR APPOINTMENT.—Consistent 
with the civil service and Foreign Service laws and regula-
tions, the Secretary of State shall ensure that a back-
ground investigation on any potential sexual assault is 
conducted before an individual is appointed to a position 
within the Department. 
(c) REQUIREMENTS FOR PROMOTION INTO THE SEN-
IOR FOREIGN SERVICE OR SENIOR EXECUTIVE SERV-
ICE.—The Secretary of State shall ensure that potential 
candidates are vetted for their history of promoting a work 
environment free from harassment and discrimination. 
Promotion boards shall take into account whether can-
didates have a history of offenses that occurred under 
their leadership, regardless of whether the candidate was 
named an offender or not. 
(d) PROMOTION POLICY OBJECTIVES.—Consistent 
with the civil service and Foreign Service laws and regula-
tions, the Secretary of State shall ensure that promotion 
precepts and selection panels reward officers who have vol-
unteered to serve as Equal Employment Opportunity 
Counselors, and that documentation of the precepts em-
phasize that counseling experience is to be viewed as valu-
able experience preparing officers to perform in senior- 
level positions with respect to the leadership, management, 
and interpersonal skills precepts. 
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SEC. 
10. 
NONDISCLOSURE 
AND 
NONDISPARAGEMENT 
AGREEMENTS. 
(a) DEFINITIONS.—In this section— 
(1) EMPLOYEE.—The term ‘‘employee’’ means 
any individual subject to section 717 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e–16), section 
411(c) of title 3, United States Code, or section 
101(a)(3) of the Congressional Accountability Act of 
1995. 
(2) EMPLOYER.—The term ‘‘employer’’ means 
any 
employing 
office 
referred 
to 
in 
section 
1301(a)(9) of title 2, United States Code, or section 
411(c)(2) of title 3, United States Code, or depart-
ment, agency, or unit referred to in subsection (a) 
of section 717 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–16). 
(3) NONDISCLOSURE CLAUSE.—The term ‘‘non-
disclosure clause’’ means a provision in a contract or 
agreement establishing that one or more parties to 
the contract or agreement agrees not to disclose in-
formation covered by the terms and conditions of the 
contract or agreement. 
(4) NONDISPARAGEMENT
CLAUSE.—The term 
‘‘nondisparagement clause’’ means a provision in a 
contract or agreement requiring one or more parties 
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to the contract or agreement not to make negative 
statements about another such party. 
(b) UNLAWFUL PRACTICES.— 
(1) IN GENERAL.—It shall be an unlawful prac-
tice for an employer to enter into a contract or 
agreement with an employee, as a condition of em-
ployment, promotion, compensation, benefits, or 
change in employment status, or as a term, condi-
tion, or privilege of employment, if that contract or 
agreement contains a nondisparagement clause or 
nondisclosure clause that covers prohibited discrimi-
nation or harassment in employment or contracting, 
or retaliation for reporting, resisting, opposing, or 
assisting in the investigation of such discrimination 
or harassment. 
(2) 
ENFORCEMENT.—Notwithstanding 
any 
other provision of law, it shall be an unlawful prac-
tice for an employer to enforce or attempt to enforce 
a nondisclosure or nondisparagement clause that 
covers prohibited discrimination or harassment in 
employment, or retaliation for reporting, resisting, 
opposing, or assisting in the investigation of such 
discrimination or harassment. An employer’s en-
forcement or attempts to enforce such a nondisclo-
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sure agreement against an employee shall be deter-
mined to be prohibited retaliation. 
(3) SETTLEMENT
OR
SEPARATION
AGREE-
MENTS.— 
(A) IN GENERAL.—The provisions of para-
graphs (1) and (2) do not apply to a nondispar-
agement clause or nondisclosure clause con-
tained in a settlement agreement or separation 
agreement that resolves legal claims or disputes 
if— 
(i) such legal claims accrued or such 
disputes arose before the settlement agree-
ment or separation agreement was exe-
cuted; 
(ii) the clause involved is mutually 
agreed upon by and mutually benefits 
both— 
(I) the employer, as the case may 
be; and 
(II) the employee; 
(iii) the employee’s agreement to such 
clause is knowing and voluntary, as de-
scribed in subparagraph (C); and 
(iv) the settlement agreement or sepa-
ration agreement expressly states that the 
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agreement involved does not prohibit, pre-
vent, or otherwise restrict a worker from— 
(I) reporting the allegations un-
derlying those settled claims to the 
Equal Employment Opportunity Com-
mission, any other Federal, State, or 
local agency with the authority to en-
force laws (including regulations) that 
prohibit discrimination or harassment 
in employment, as the case may be, or 
law enforcement; 
(II) testifying at, assisting, or 
participating in an investigation or 
proceeding conducted by the Equal 
Employment 
Opportunity 
Commis-
sion, any other Federal, State, or local 
agency with the authority to enforce 
laws (including regulations) that pro-
hibit discrimination or harassment in 
employment, as the case may be, or 
law enforcement; or 
(III) testifying in a hearing or 
trial or complying with a request for 
discovery in relation to civil litigation. 
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(B) PROHIBITION ON SOLE BENEFIT.—For 
purposes of this paragraph, it shall be an un-
lawful practice for an employer to unilaterally 
include a nondisparagement clause or nondisclo-
sure clause that solely benefits the employer in 
a separation or settlement agreement. 
(C) KNOWING
AND
VOLUNTARY
AGREE-
MENT.—For purposes of this paragraph, agree-
ment to a nondisparagement clause or non-
disclosure clause may not be considered know-
ing and voluntary unless at a minimum— 
(i) the nondisparagement clause or 
nondisclosure clause is written in a manner 
designed to ensure that the employee un-
derstands the content of the clause in-
volved; 
(ii) the nondisparagement clause or 
nondisclosure clause is included only in ex-
change for consideration of value provided 
to the employee, in addition to anything of 
value to which the employee is already en-
titled; 
(iii) the nondisparagement clause or 
nondisclosure clause does not apply to any 
rights or claims that arise after the date 
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the settlement or separation agreement is 
executed; 
(iv) the employee is advised in writing 
to consult with an attorney prior to agree-
ing to such an agreement that includes a 
nondisparagement clause or nondisclosure 
clause; 
(v) the employee is given a period of 
at least 21 days to consider any proposal 
for a settlement or separation agreement 
that includes a nondisparagement clause or 
nondisclosure clause; and 
(vi) the settlement or separation 
agreement provides that for a period of at 
least 7 days following the execution of such 
agreement the employee may revoke the 
agreement, and the agreement shall not be-
come effective or enforceable until the rev-
ocation period has expired. 
(D) BURDEN OF PROOF.—In any dispute 
that may arise over whether any of the require-
ments of subparagraph (A) have been met, the 
party asserting the validity of an agreement 
shall have the burden of proving that the re-
quirements of subparagraph (A) have been met. 
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(E) PARTICIPATION IN INVESTIGATIONS OR 
PROCEEDINGS.—No nondisparagement clause 
or nondisclosure clause may affect the ability of 
an employee to testify at, assist, or participate 
in an investigation or proceeding conducted by 
the Equal Employment Opportunity Commis-
sion, any Federal, State, or local agency with 
the authority to enforce laws (including regula-
tions) that prohibit discrimination in employ-
ment, as the case may be, or a law enforcement 
agency. 
(F) PROHIBITION
ON
DAMAGES.—Under 
no circumstances shall an employee be required 
to pay damages for breach of a nondisparage-
ment 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 nondisclo-
sure clause. 
(c) ENFORCEMENT.— 
(1) 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— 
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cial branch), a State or local fair employment prac-
tices agency or any other State or local agency, or 
a law enforcement agency; and 
(2) any right that person would otherwise have 
had to bring an action in a court of the United 
States. 
(e) REGULATIONS.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2), (3), and (4), the Commission shall have 
authority to issue regulations to carry out this sec-
tion. 
(2) 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 Congress. 
(3) BOARD.—The Board referred to in sub-
section (c)(1)(C) shall have authority to issue regu-
lations to carry out this section, in accordance with 
section 304 of the Congressional Accountability Act 
of 1995 (2 U.S.C. 1384), with respect to employees 
described in subsection (c)(1)(C). 
(4) PRESIDENT.—The President shall have au-
thority to issue regulations to carry out this section 
with respect to employees described in subsection 
(c)(1)(E). 
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(f) REMEDIES.—Notwithstanding any other provision 
of this Act, in an action or administrative proceeding 
against the United States for a violation of this section, 
remedies (including remedies at law and in equity, and 
interest) 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 1964 (42 U.S.C. 2000e et seq.) 
by an employer, except that— 
(1) punitive damages are not available; and 
(2) compensatory damages are available to the 
extent specified in section 1977A(b) of the Revised 
Statutes (42 U.S.C. 1981a(b)). 
Æ 
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