Department of State Inclusivity Act of 2021
Bill: S.3426 | Sponsor: Sen. Menendez, Robert (D-NJ)
Policy area: Government Operations and Politics

Summary:
Department of State Inclusivity Act of 2021
This bill establishes measures at the State Department to promote diversity and to prevent and respond to harassment, discrimination, sexual assault, and retaliation.
The bill requires the State Department to
The bill also establishes the Office of the Chief Diversity and Inclusion Officer at the State Department; offers a formal apology from Congress for encouraging the Lavender Scare; and prohibits the use by federal employers of nondisclosure and non-disparagement provisions that cover prohibited discrimination, harassment, or related retaliation.

To promote diversity at the Department of State, 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 
                  orientation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
State Inclusivity Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION

Sec. 101. Definitions.
Sec. 102. Office of the Chief Diversity and Inclusion Officer.
Sec. 103. Collection, analysis, and dissemination of workforce data.
Sec. 104. Workforce interviews.
Sec. 105. Recruitment and retention.
Sec. 106. Sense of Congress on support for equal employment opportunity 
                            and merit principles criteria.
Sec. 107. Leadership engagement and accountability.
Sec. 108. Professional development opportunities and tools.
Sec. 109. Examination and oral assessment for the Foreign Service.
Sec. 110. Sense of Congress on veterans' recruitment for the Foreign 
                            Service.
Sec. 111. Department of State and USAID fellowships and programs.
Sec. 112. Expansion of Diplomats in Residence Program.
Sec. 113. Use of gender neutral terms in employee evaluation forms.
Sec. 114. Voluntary participation.
Sec. 115. Sense of Congress on diversity, equity, and inclusion in the 
                            foreign affairs workforce.
Sec. 116. Employee assignment restrictions and preclusions.
Sec. 117. Mentorship program.
Sec. 118. Senior Executive Service Candidate Development Program.
                       TITLE II--LOVE ACT OF 2021

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Director General review.
Sec. 204. Reports on reviews.
Sec. 205. Establishment of Reconciliation Board.
Sec. 206. Issuance of apology.
Sec. 207. Establishment of permanent exhibit on the Lavender Scare.
Sec. 208. Guidance on issuing visas.
Sec. 209. Establishment of Advancement Board.
                      TITLE III--SHAPE ACT OF 2021

Sec. 301. Short title; rule of construction.
Sec. 302. Department of State policy and procedures on prevention and 
                            response to harassment, discrimination, 
                            sexual assault, and related retaliation.
Sec. 303. Reporting, documentation, and investigation procedures.
Sec. 304. Sexual assault protocol and victim care.
Sec. 305. Rights of employees harassed, discriminated against, 
                            retaliated against, or sexually assaulted.
Sec. 306. Provision of climate surveys.
Sec. 307. Reports to Congress, the Department, and the public.
Sec. 308. Required training for Department personnel.
Sec. 309. Hiring, vetting, and promotion.
Sec. 310. Nondisclosure and nondisparagement agreements.
Sec. 311. Sense of Congress on sexual harassment and assault prevention 
                            and eradication in the foreign affairs 
                            workforce.

  TITLE I--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION

SEC. 101. DEFINITIONS.

    In this title:
            (1) Applicant flow data.--The term ``applicant flow data'' 
        means data that tracks the rate of applications for job 
        positions among demographic categories.
            (2) 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 Representatives.
            (3) 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 Maintaining, 
        Collecting, and Presenting Federal Data on Race and Ethnicity'' 
        (81 Fed. Reg. 67398).
            (4) Department.--The term ``Department'' means the 
        Department of State.
            (5) Diversity.--The term ``diversity'' means those classes 
        of persons protected under the Civil Rights Act of 1964 (42 
        U.S.C. 2000a et seq.) and the Americans with Disabilities Act 
        of 1990 (42 U.S.C. 12101 et seq.).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (7) Workforce.--The term ``workforce'' means--
                    (A) individuals serving in a position in the civil 
                service (as defined in section 2101 of title 5, United 
                States Code);
                    (B) individuals who are members of the Foreign 
                Service (as defined in section 103 of the Foreign 
                Service Act of 1980 (22 U.S.C. 3902));
                    (C) all individuals serving under a personal 
                services agreement or personal services contract;
                    (D) all individuals serving under a Foreign Service 
                Limited appointment under section 309 of the Foreign 
                Service Act of 1980 (22 U.S.C. 3949); or
                    (E) individuals working in the Department of State 
                under any other authority.

SEC. 102. OFFICE OF THE CHIEF DIVERSITY AND INCLUSION OFFICER.

    Section 1 of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2651a) is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following new 
        subsection:
    ``(g) Chief Diversity and Inclusion Officer.--
            ``(1) 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 Officer, which 
        shall have at least two additional members of staff. The head 
        of the Office of the Chief Diversity and Inclusion Officer 
        shall report directly to the Secretary.
            ``(2) Duties.--The Office of the Chief Diversity and 
        Inclusion Officer shall--
                    ``(A) lead the development and implementation of 
                proactive diversity, equity, and inclusion initiatives 
                in support of the Department's strategic plan to create 
                a culture for diversity, equity, and inclusion;
                    ``(B) work with the Office of Management and Budget 
                to assess areas of improvement for recruitment and 
                retention;
                    ``(C) ensure the recruitment and retention of a 
                diverse workforce, including through collaboration with 
                other Department offices and bureaus to support them in 
                assessing potential barriers and developing recruitment 
                and retention strategies;
                    ``(D) recommend training initiatives on cultural 
                competency, gender differences, disability, sexual 
                harassment, explicit and implicit bias, and other 
                topics designed to increase awareness and support of 
                equity and inclusion values;
                    ``(E) ensure the Department maintains compliance 
                with all relevant and applicable laws and regulations; 
                and
                    ``(F) coordinate and engage with the Office of 
                Civil Rights and the Bureau of Global Talent Management 
                as necessary.''.

SEC. 103. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.

    (a) Initial Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall, in consultation with the 
Director of the Office of Personnel Management and the Director of the 
Office of Management and Budget, submit to the appropriate 
congressional committees a report, which shall also be posted on a 
publicly available website of the Department in a searchable database 
format, that includes disaggregated demographic data and other 
information regarding the diversity of the workforce of the Department.
    (b) Data.--The report under subsection (a) shall include the 
following data:
            (1) Demographic data on each element of the workforce of 
        the Department, disaggregated by rank and grade or grade-
        equivalent, with respect to the following groups:
                    (A) Applicants for positions in the Department.
                    (B) Individuals hired to join the workforce.
                    (C) Individuals promoted during the 2-year period 
                ending on the date of the enactment of this Act, 
                including promotions to and within the Senior Executive 
                Service or the Senior Foreign Service.
                    (D) Individuals serving on applicable selection 
                boards.
                    (E) Members of any external advisory committee or 
                board who are subject to appointment by individuals at 
                senior positions in the Department.
                    (F) Individuals participating in professional 
                development programs of the Department, and the extent 
                to which such participants have been placed into senior 
                positions within the Department after such 
                participation.
                    (G) Individuals participating in mentorship or 
                retention programs.
                    (H) Individuals who separated from the agency 
                during the 2-year period ending on the date of the 
                enactment of this Act, including individuals in the 
                Senior Executive Service or the Senior Foreign Service.
            (2) An assessment of agency compliance with the essential 
        elements identified in Equal Employment Opportunity Commission 
        Management Directive 715, effective October 1, 2003.
            (3) 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 Department, the percentages of such 
        workforce corresponding to each element listed in section 
        101(6), and the percentages corresponding to each rank, grade, 
        or grade-equivalent.
            (4) Data on the promotion outcomes of women and racial or 
        ethnic minorities in mid-career ranks of the workforce.
            (5) Demographic data, disaggregated by rank and grade or 
        grade-equivalent, of contractors and subcontractors, as well as 
        the nongovernmental organizations and civil society 
        organizations that win bids or obtain contracts and grants and 
        serve as subcontractors.
    (c) Recommendation.--The Secretary may include in the report under 
subsection (a) 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 Maintaining, Collecting, and 
Presenting Federal Data on Race and Ethnicity'' (81 Fed. Reg. 67398).
    (d) Other Contents.--The report under subsection (a) shall also 
describe the efforts of the Department--
            (1) to propagate fairness, impartiality, and inclusion in 
        the work environment, both domestically and abroad;
            (2) to enforce anti-harassment and anti-discrimination 
        policies;
            (3) to refrain from engaging in unlawful discrimination in 
        any phase of the employment process, including recruitment, 
        hiring, evaluation, assignments, promotion, retention, and 
        training;
            (4) to prevent retaliation against employees for 
        participating in a protected equal employment opportunity 
        activity;
            (5) to provide reasonable accommodation for qualified 
        employees and applicants with disabilities; and
            (6) to recruit a representative workforce by--
                    (A) recruiting women and minorities;
                    (B) recruiting at women's colleges, historically 
                Black colleges and universities, minority-serving 
                institutions, and other institutions serving a 
                significant percentage of minority students;
                    (C) placing job advertisements in newspapers, 
                magazines, and job sites oriented toward women and 
                minorities;
                    (D) sponsoring and recruiting at job fairs in urban 
                and rural communities and land-grant colleges or 
                universities;
                    (E) providing opportunities through the Foreign 
                Service Internship Program under chapter 12 of the 
                Foreign Service Act of 1980 (22 U.S.C. 4141 et seq.) 
                and other hiring initiatives, including a description 
                of efforts to provide opportunities for paid 
                internships;
                    (F) recruiting mid-level and senior-level 
                professionals through programs designed to increase 
                minority representation in international affairs;
                    (G) 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 examinations; and
                    (H) supporting recruiting and hiring opportunities 
                including through--
                            (i) the Charles B. Rangel International 
                        Affairs Fellowship Program;
                            (ii) the Thomas R. Pickering Foreign 
                        Affairs Fellowship Program;
                            (iii) the International Career Advancement 
                        Program; and
                            (iv) other initiatives, including agency-
                        wide policy initiatives.
    (e) Annual Updates.--Not later than one year after the publication 
of the report required under subsection (a), and annually thereafter 
for five years, the Secretary shall, in consultation with the Director 
of the Office of Personnel Management and the Director of the Office of 
Management and Budget, provide a report to the appropriate 
congressional committees, which shall be posted on the Department's 
website and may be included in another annual report required under 
another provision of law, that includes--
            (1) disaggregated demographic data relating to the 
        workforce and information on the status of diversity and 
        inclusion efforts of the Department;
            (2) an analysis of applicant flow data; and
            (3) 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 programs.

SEC. 104. WORKFORCE INTERVIEWS.

    (a) 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--
            (1) to understand the reasons of individuals in such 
        workforce for remaining in a position in the Department; and
            (2) to receive feedback on workplace policies, professional 
        development opportunities, and other issues affecting the 
        decision of individuals in the workforce to remain in the 
        Department.
    (b) 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 service.
    (c) 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 (a) and (b) to 
determine--
            (1) to what extent, if any, the diversity of those 
        conducting the interviews impacts the results; and
            (2) whether to implement any policy changes or include any 
        recommendations in a report required under subsection (a) or 
        (e) of section 102 relating to the determination reached 
        pursuant to paragraph (1).
    (d) Tracking Data.--The Chief Diversity Officer shall--
            (1) track demographic data relating to participants in 
        professional development programs and the rate of placement 
        into senior positions for participants in such programs;
            (2) annually evaluate such data--
                    (A) to identify ways to improve outreach and 
                recruitment for such programs, consistent with merit 
                system principles; and
                    (B) 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 workforce; and
            (3) actively encourage participation from a range of 
        demographic categories, especially from categories with 
        consistently low participation, in such professional 
        development programs.

SEC. 105. RECRUITMENT AND RETENTION.

    (a) In General.--The Secretary should--
            (1) continue to seek a diverse and talented pool of 
        applicants; and
            (2) 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 groups, 
        which should include outreach at appropriate colleges, 
        universities, affinity groups, and professional associations.
    (b) Scope.--The diversity recruitment initiatives described in 
subsection (a) should include--
            (1) recruiting at women's colleges, historically Black 
        colleges and universities, minority-serving institutions, and 
        other institutions serving a significant percentage of minority 
        students;
            (2) placing job advertisements in newspapers, magazines, 
        and job sites oriented toward diverse groups;
            (3) sponsoring and recruiting at job fairs in urban and 
        rural communities and land-grant colleges or universities;
            (4) providing opportunities through highly respected, 
        international leadership programs, that focus on diversity 
        recruitment and retention; and
            (5) cultivating partnerships with organizations dedicated 
        to the advancement of the profession of international affairs 
        and national security to advance shared diversity goals.
    (c) Expand Training on Anti-Harassment and Anti-Discrimination.--
            (1) In general.--The Secretary shall, through the Foreign 
        Service Institute and other educational and training 
        opportunities--
                    (A) expand the provision of training on workplace 
                rights and responsibilities to focus on anti-harassment 
                and anti-discrimination information and policies;
                    (B) expand the provision of training on workplace 
                rights and responsibilities to focus on explicit and 
                implicit bias, including training on the effects of 
                bias; and
                    (C) make such expanded training mandatory for--
                            (i) individuals in senior and supervisory 
                        positions; and
                            (ii) individuals having responsibilities 
                        related to recruitment, retention, or promotion 
                        of employees.
            (2) Best practices.--Each agency shall give special 
        attention to ensuring the continuous incorporation of evidence-
        based best practices in training provided under this 
        subsection.

SEC. 106. SENSE OF CONGRESS ON SUPPORT FOR EQUAL EMPLOYMENT OPPORTUNITY 
              AND MERIT PRINCIPLES CRITERIA.

    It is the sense of Congress that--
            (1) 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 
        Service;
            (2) equal employment opportunity and merit principles 
        criteria for tenure and promotion in the Civil Service is 
        critical to promoting a more diverse Civil Service; and
            (3) the Department should--
                    (A) develop mechanisms to ensure that the Foreign 
                Service promotion list appropriately promotes a diverse 
                workforce;
                    (B) develop mechanisms to ensure that the Civil 
                Service appropriately promotes a diverse workforce;
                    (C) establish criteria within the Foreign Service 
                Employee Evaluation Report that include evaluating the 
                support of Foreign Service officers for equal 
                employment opportunities; and
                    (D) establish criteria to evaluate the support of 
                Civil Service officers for equal employment 
                opportunities.

SEC. 107. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.

    (a) Reward and Recognize Efforts To Promote Diversity and 
Inclusion.--
            (1) 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 principles, 
        such as through participation in mentoring programs or 
        sponsorship initiatives, recruitment events, and other similar 
        opportunities.
            (2) 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 basis, including with 
        employee resource groups.
    (b) 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 Department.

SEC. 108. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.

    (a) 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 Department, such as--
            (1) academic programs;
            (2) private-public exchanges; and
            (3) detail assignments to relevant positions in--
                    (A) private or international organizations;
                    (B) State, local, and Tribal governments;
                    (C) other branches of the Federal Government; or
                    (D) schools of international affairs or those with 
                related programs.
    (b) Training for Senior Positions.--
            (1) In general.--The Secretary shall offer, or sponsor 
        members of the workforce to participate in, a Senior Executive 
        Service candidate development program or other program that 
        trains members on the skills required for appointment to senior 
        positions in the Department.
            (2) Requirements.--In determining which members of the 
        workforce are granted professional development or career 
        advancement opportunities under paragraph (1), the Secretary 
        shall--
                    (A) ensure any program offered or sponsored by the 
                Department under such subparagraph comports with the 
                requirements of subpart C of part 412 of title 5, Code 
                of Federal Regulations, or any successor thereto, 
                including merit staffing and assessment requirements;
                    (B) consider the number of expected vacancies in 
                senior positions as a factor in determining the number 
                of candidates to select for such programs;
                    (C) understand how participation in any program 
                offered or sponsored by the Department under such 
                subparagraph differs by gender, race, national origin, 
                disability status, or other demographic categories; and
                    (D) actively encourage participation from a range 
                of demographic categories, especially from categories 
                with consistently low participation.

SEC. 109. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN SERVICE.

    (a) 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 States. 
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 offered.
    (b) Foreign Service Examinations.--Section 301(b) of the Foreign 
Service Act of 1980 (22 U.S.C. 3941) is amended--
            (1) by striking ``The Secretary'' and inserting: ``(1) The 
        Secretary''; and
            (2) by adding at the end the following new paragraphs:
    ``(2) The Secretary shall ensure that the Board of Examiners for 
the Foreign Service annually offers the oral assessment examinations 
described in paragraph (1) in cities, chosen on a rotating basis, 
located in at least three different time zones across the United 
States, and that those examinations give sufficient weight to a 
candidate's commitment to inclusion and diversity.
    ``(3) The Secretary shall consider whether participants in 
Department fellowship programs should be required to take oral 
examinations, and whether there is any justification for requiring 
certain, but not all, fellowship participants to take such 
examinations.''.

SEC. 110. 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 locations, at least in three different time 
zones in a calendar year, to encourage more accessibility to the test, 
especially for veterans and members of the United States Armed Forces 
transitioning to civilian life.

SEC. 111. DEPARTMENT OF STATE AND USAID FELLOWSHIPS AND PROGRAMS.

    (a) Education Grants.--The Secretary of State may make grants to 
postsecondary educational institutions, including minority-serving 
institutions, or students for the purpose of increasing knowledge and 
awareness of and interest in employment with the Civil Service. To the 
extent possible, the Secretary shall give special emphasis to promoting 
such knowledge and awareness of, and interest in employment with, the 
Civil Service among minority students. Any grants awarded shall be made 
pursuant to regulations to be established by the Secretary of State, 
which shall provide for a limit on the size of any specific grant and, 
regarding any grants to individuals, 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 his, her, or 
their education and shall require satisfactory educational progress by 
grantees as a condition of eligibility for continued receipt of grant 
funds.
    (b) Donald M. Payne International Development Fellowship Program.--
Undergraduate and graduate components of the Donald M. 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 backgrounds.
    (c) Review of Past Programs.--The Secretary of State and the 
Administrator of the United States Agency for International Development 
shall review past and present programs, including the Donald M. Payne 
International Development Fellowship Program, the Thomas R. Pickering 
Fellowship in International Affairs, and the Charles B. Rangel 
International Affairs Program, designed to increase minority 
representation in international affairs positions.

SEC. 112. EXPANSION OF DIPLOMATS IN RESIDENCE PROGRAM.

    Not later than one year after the date of the enactment of this 
Act, 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 
Act.

SEC. 113. USE OF GENDER NEUTRAL TERMS IN EMPLOYEE EVALUATION FORMS.

    The Secretary shall develop a pilot program to use gender neutral 
terms in employee evaluation forms.

SEC. 114. VOLUNTARY PARTICIPATION.

    (a) 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 information. Department employees shall be 
informed that their participation in the data collection contemplated 
by this title is voluntary.
    (b) Privacy Protection.--Any data collected under this title shall 
be subject to the relevant privacy protection statutes and regulations 
applicable to Federal employees.

SEC. 115. SENSE OF CONGRESS ON DIVERSITY, EQUITY, AND INCLUSION IN THE 
              FOREIGN AFFAIRS WORKFORCE.

    It is the sense of Congress that the foreign affairs workforce, 
including the United States Agency for International Development, the 
Broadcasting Board of Governors, the Peace Corps, the Development 
Finance Corporation, and the Millennium Challenge Corporation, should 
take significant steps to improve diversity, equity, and inclusion in 
their workforce, especially as it relates to recruitment, retention, 
and promotion.

SEC. 116. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.

    (a) 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 restrictions.
    (b) Appeals of Assignment Restriction or Preclusion.--Section 
414(a) of the Department of State Authorities Act, Fiscal Year 2017 (22 
U.S.C. 2734c(a)) is amended by adding at the end the following: ``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 clearance, including the participation of the Chief Diversity 
and Inclusion Officer serving on the Security Appeals Panel as part of 
any appeals process. Any such appeal shall be resolved not later than 
60 days after the appeal is filed.''.

SEC. 117. MENTORSHIP PROGRAM.

    (a) In General.--The Foreign Service Act of 1980 is amended by 
inserting after section 708 (22 U.S.C. 4028) the following new section:

``SEC. 709. MENTORSHIP PROGRAM.

    ``(a) In General.--The Secretary of State shall establish in the 
Department of State a mentorship program to match interested 
participants who are--
            ``(1) entry-level members of the Foreign Service; and
            ``(2) mid-level members of the Foreign Service.
    ``(b) Duration.--Individuals participating in the mentorship 
program under this section should participate for a minimum of two 
years.
    ``(c) Employee Affinity Groups.--Members of Employee Affinity 
Groups shall be encouraged to participate in the mentorship program 
established under this section.
    ``(d) Service as a mentor in the mentorship program may be 
considered as satisfying the criteria described in section 
603(b)(1).''.
    (b) Clerical Amendment.--The table of contents in section 2 of the 
Foreign Service Act of 1980 is amended by inserting after the item 
relating to section 708 the following new item:

``Sec. 709. Mentorship program.''.
    (c) Mentorship Program for Civil Service.--
            (1) In general.--The Secretary of State shall establish a 
        mentorship program to match mentors with interested 
        participants who are--
                    (A) members of the civil service at the GS-12 level 
                and below; and
                    (B) members of the civil service from at the GS-13 
                level to the GS-15 level.
            (2) Duration.--Individuals participating in the civil 
        service mentorship program under paragraph (1) should 
        participate for a minimum of two years.
            (3) Inclusion of employee affinity groups.--Members of 
        employee affinity groups shall be encouraged to participate in 
        the civil service mentorship program established under 
        paragraph (1).

SEC. 118. SENIOR EXECUTIVE SERVICE CANDIDATE DEVELOPMENT PROGRAM.

    (a) 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-14 
and GS-15 levels.
    (b) 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 Service, 
including de-identified demographic information, disaggregated by 
bureau, relating to the diversity of such candidates.

                       TITLE II--LOVE ACT OF 2021

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Lavender Offense Victim 
Exoneration Act of 2021'' or the ``LOVE Act of 2021''.

SEC. 202. FINDINGS.

     Congress makes the following findings:
            (1) During the so-called ``Lavender Scare'', at least 1,000 
        people were wrongfully dismissed from the Department of State 
        for alleged homosexuality during the 1950s and well into the 
        1960s.
            (2) According to the Department of State's Bureau of 
        Diplomatic Security, 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 risks.
            (3) In addition to those wrongfully terminated, 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 who, according to the findings of the Bureau of 
        Diplomatic Security, ``seemed like they might be gay or 
        lesbian''.
            (4) 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 employees'', reports on the employment of 
        ``moral perverts by Government Agencies'', 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 blackmail''.
            (5) Between 1950 and 1969, 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 
        Appropriations.
            (6) Although the worst effects of the ``Lavender Scare'' 
        are behind us, as recently as the early 1990s, 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 risks''.
            (7) In 1994, Secretary of State Warren Christopher issued a 
        prohibition against discrimination at the Department of State, 
        including that based on sexual orientation.
            (8) In 1998, President William Jefferson Clinton signed 
        Executive Order 13087 barring discrimination on the basis of 
        sexual orientation.
            (9) On January 9, 2017, Secretary of State John Kerry 
        issued a statement regarding the ``Lavender Scare'', saying, 
        ``On behalf of the Department, 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 employees, including members of the LGBTI 
        community.''.

SEC. 203. DIRECTOR GENERAL REVIEW.

    (a) Review.--The Director General of the Foreign Service and 
Director of the Bureau of Global Talent Management of the Department of 
State, in consultation with the Historian of the Department of State, 
shall review all employee terminations that occurred after January 1, 
1950, to determine who was wrongfully terminated owing to their sexual 
orientation or gender identity, whether real or perceived.
    (b) Report.--Not later than 270 days after the date of the 
enactment of this Act, the Director General shall, consistent with 
applicable privacy regulations, compile the information required under 
subsection (a) in a publicly available report. 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 
identity.

SEC. 204. REPORTS ON REVIEWS.

    (a) Reviews.--The Secretary of State shall conduct reviews of the 
consistency and uniformity of the reviews conducted by the Director 
General under section 203.
    (b) Reports.--Not later than 270 days after the date of the 
enactment of this Act, and annually thereafter for 2 years, the 
Secretary shall submit to Congress a report on the reviews conducted 
under section 203. Each report shall include any comments or 
recommendations for continued actions.

SEC. 205. ESTABLISHMENT OF RECONCILIATION BOARD.

    (a) Establishment.--The Secretary of State shall establish, within 
the Office of Civil Rights of the Department of State, 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 203(b).
    (b) Duties.--The Reconciliation Board shall--
            (1) consistent with applicable privacy regulations, contact 
        all employees found to be fired due to the ``Lavender Scare'' 
        or, in the case of deceased former employees, the family 
        members of the employees, to inform them that their termination 
        from the Department of State has been deemed inappropriate and 
        that, if they wish, their employment record can be changed to 
        reflect these findings;
            (2) 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 Nation; and
            (3) 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 identity.
    (c) Review of Claims.--
            (1) In general.--The Board shall review each claim 
        described in subsection (b) within 150 days of receiving the 
        claim. Lack of paperwork may not be used as a basis for 
        dismissing any claims.
            (2) Cooperation.--The Department of State shall be 
        responsible for producing pertinent information regarding each 
        claim to prove the employee was not wrongfully terminated.
    (d) Termination.--The Board shall terminate 5 years after the date 
of the enactment of this Act.

SEC. 206. ISSUANCE OF APOLOGY.

    (a) Finding.--Secretary of State Kerry delivered the following 
apology on January 9, 2017: ``Throughout my career, including as 
Secretary of State, I have stood strongly in support of the LGBTI 
community, recognizing that respect for human rights must include 
respect for all individuals. LGBTI employees serve as proud members of 
the State Department and valued colleagues dedicated to the service of 
our country. For the last several years, the Department has pressed for 
the families of LGBTI officers to have the same protections overseas as 
families of other officers. In 2015, to further promote LGBTI rights 
throughout the world, I appointed the first ever Special Envoy for the 
Human Rights of LGBTI Persons. In the past--as far back as the 1940s, 
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 orientation, forcing 
some employees to resign or refusing to hire certain applicants in the 
first place. These actions were wrong then, just as they would be wrong 
today. On behalf of the Department, 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 employees, 
including members of the LGBTI community.''.
    (b) Congressional Apology.--Congress hereby offers a formal apology 
for its responsibility in encouraging the ``Lavender Scare'' and 
similar policies at the Department of State, as these policies were in 
part a response to congressional investigations into ``sex perversion 
of Federal employees'', reports on the employment of ``moral perverts 
by Government Agencies'', and hearings or pressure otherwise placed on 
the Department of State through the appropriations process.

SEC. 207. ESTABLISHMENT OF PERMANENT EXHIBIT ON THE LAVENDER SCARE.

    (a) In General.--The Secretary of State, working with the current 
public-private partnership associated with the Department of State's 
United States Diplomacy Center, shall establish a permanent exhibit on 
the ``Lavender Scare'' in the museum to assure that the history of this 
discriminatory episode is not brushed aside.
    (b) Specifications.--The exhibit--
            (1) shall be installed at the museum not later than one 
        year after the date of enactment of this Act;
            (2) 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 203(b); and
            (3) shall readily display material gathered from oral 
        testimony received pursuant to section 205(b)(2) from employees 
        or family members of deceased employees who were subject to 
        these discriminatory policies during the ``Lavender Scare''.

SEC. 208. GUIDANCE ON ISSUING VISAS.

     To demonstrate the Department of State's commitment to ensuring 
fairness for current employees, not later than 100 days after the date 
of the enactment of this Act, 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 identity. This report shall include any comments 
or recommendations for actions, including eliminating visa reciprocity 
with countries found to be instituting these practices against the 
spouses of Foreign Service personnel, that will lead to ensuring that 
all spouses of Foreign Service personnel receive spousal visas for the 
country their spouse is assigned, regardless of sexual orientation or 
gender identity.

SEC. 209. ESTABLISHMENT OF ADVANCEMENT BOARD.

    (a) Establishment.--The Secretary of State shall establish, within 
the Office of the Director General of the Department of State, a board 
comprised of senior-level officials to address the issues faced by 
LGBTQI+ Foreign Service employees and their families.
    (b) 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 orientation.
    (c) Report.--
            (1) In general.--Not later than 100 days after completing 
        collection of testimony described under subsection (b), and 
        annually thereafter for 5 years, the Advancement Board shall 
        submit to Congress a report based on the testimony.
            (2) Content.--The report required under paragraph (1) 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 identity.
            (3) Privacy.--The report required under paragraph (1) shall 
        remain private and will only be accessible to Members of 
        Congress, their appropriate staff, and members of the 
        Advancement Board.

                      TITLE III--SHAPE ACT OF 2021

SEC. 301. SHORT TITLE; RULE OF CONSTRUCTION.

    (a) Short Title.--This title may be cited as the ``State Harassment 
and Assault Prevention and Eradication Act of 2021'' or the ``SHAPE Act 
of 2021''.
    (b) Rule of Construction.--Nothing in this title shall be construed 
to supersede or otherwise affect the discrimination protections or 
related processes provided under section 717 of the Civil Rights Act of 
1964 (42 U.S.C. 2000e-16) to officers and employees of the Department 
of State or applicants for employment at the Department.

SEC. 302. DEPARTMENT OF STATE POLICY AND PROCEDURES ON PREVENTION AND 
              RESPONSE TO HARASSMENT, DISCRIMINATION, SEXUAL ASSAULT, 
              AND RELATED RETALIATION.

    (a) Comprehensive Policy on Prevention and Response.--Not later 
than one year after the date of the enactment of this Act, the 
Secretary of State shall develop a comprehensive policy for the 
Department of State on the prevention of and response to harassment, 
discrimination, sexual assault, and related retaliation involving 
employees, contractors, and officials of the Department.
    (b) Elements of Comprehensive Policy.--The policy developed under 
subsection (a) may include elements as the Secretary deems necessary, 
but shall include, at a minimum, the following:
            (1) Prevention measures.
            (2) Education and training on prevention and response, as 
        provided in this title.
            (3) Investigation of complaints.
            (4) Medical treatment of victims.
            (5) Mechanisms for confidential reporting of incidents by 
        staff and service contractors, to include online and telephonic 
        methods.
            (6) Victim advocacy, intervention, and counseling for 
        covered employees of the Department who are victims of 
        harassment, discrimination, sexual assault, and related 
        retaliation that shall be made available, irrespective of where 
        such covered employees are located, to assist and guide such 
        victims.
            (7) Supportive services, including counseling and victim 
        advocacy, that shall be made available irrespective of whether 
        the victim identifies the accused individual.
            (8) Oversight and review of administrative and disciplinary 
        actions, to include termination, for employees and officials of 
        the Department of State.
            (9) Review by appropriate authority of administrative 
        separation actions involving victims of harassment, 
        discrimination, sexual assault, and related retaliation.
            (10) Uniform collection of data on the incidence of 
        violations and on disciplinary actions taken in cases of 
        harassment, discrimination, sexual assault, and related 
        retaliation.
            (11) Procedures for disciplinary action in cases of 
        harassment, discrimination, sexual assault, and related 
        retaliation by employees or officials of the Department.
            (12) Workforce communications relating to harassment, 
        discrimination, sexual assault, and related retaliation 
        prevention, discipline, and reporting, to include printed and 
        electronic materials made available in both English and the 
        working languages at overseas posts, made available for all 
        staff.
            (13) Acknowledgment of the challenges facing vulnerable 
        groups including women, people of color, members of the LGBTQI+ 
        community, entry-level officers, and locally employed staff.
            (14) Policies regarding the retention of documents relating 
        to complaints, investigations, and disciplinary action.
    (c) Clarification of Victim Reporting and Case Resolution.--The 
Secretary of State shall review Department of State processes for 
victim reporting and resolution of complaints, as in effect on the date 
of enactment of this Act, to ensure that the Department's procedures 
are clear and easily accessible to all covered employees. Such review 
shall be included in the report to be submitted in section 307.
    (d) Application of Comprehensive Policy to Offices in the 
Department of State.--The Secretary of State shall ensure that the 
policy developed under subsection (a) is implemented uniformly by the 
bureaus and offices of the Department of State.
    (e) 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 addressing, 
reporting, and disciplining incidents of harassment, discrimination, 
sexual assault, or related retaliation occurring between covered 
employees and non-covered employees.

SEC. 303. REPORTING, DOCUMENTATION, AND INVESTIGATION PROCEDURES.

    (a) Definitions.--In this title:
            (1) The term ``covered employee'' means--
                    (A) any officer or employee (including any 
                temporary, part-time, contract, intermittent employee, 
                intern, fellow, or other unpaid staff; both American 
                citizens and foreign nationals) performing work for or 
                on behalf of the Department of State;
                    (B) members of the Foreign Service (as that term is 
                defined under section 103 of the Foreign Service Act of 
                1980 (22 U.S.C. 3903)), to include Foreign Service 
                Officers, Foreign Service Specialists, Locally Employed 
                Staff, and Consular Agents; and
                    (C) any individual who is engaged by an employer or 
                entity as a contractor.
            (2) The term ``Office of Employee Advocacy'' means the 
        Office of Employee Advocacy, as established under subsection 
        (b).
            (3) The term ``Office of Civil Rights'' means the Office of 
        Civil Rights within the Department of State.
            (4) The term ``Global Talent Management'' means the Bureau 
        of Global Talent Management, Office of Employee Relations, 
        Conduct, Suitability, and Discipline Division within the 
        Department of State.
            (5) The term ``Diplomatic Security'' means the Bureau of 
        Diplomatic Security within the Department of State.
            (6) The term ``harassment'' means as follows:
                    (A) Harassment is conduct based on race, color, 
                religion, sex (including sexual orientation, gender 
                identity, pregnancy, childbirth, a medical condition 
                related to pregnancy or childbirth, and a sex 
                stereotype), or national origin, regardless of whether 
                it is direct or indirect, or verbal or nonverbal, that 
                unreasonably alters an individual's terms, conditions, 
                or privileges of employment, including by creating an 
                intimidating, hostile, or offensive work environment.
                    (B) Sexual harassment is conduct that takes place 
                in a circumstance described in subparagraph (C) and 
                that takes the form of--
                            (i) a sexual advance;
                            (ii) a request for sexual favors; or
                            (iii) any other conduct of a sexual nature.
                    (C) A circumstance described in this subparagraph 
                is a situation in which--
                            (i) submission to the conduct involved is 
                        made either explicitly or implicitly a term or 
                        condition of employment;
                            (ii) submission to or rejection of such 
                        conduct is used as the basis for an employment 
                        decision affecting an individual's employment; 
                        or
                            (iii) such conduct unreasonably alters an 
                        individual's terms, conditions, or privileges 
                        of employment, including by creating an 
                        intimidating, hostile, or offensive work 
                        environment.
                    (D) In determining whether conduct constitutes 
                harassment because the conduct unreasonably alters an 
                individual's terms, conditions, or privileges of 
                employment, including by creating an intimidating, 
                hostile, or offensive work environment, the following 
                rules shall apply:
                            (i) The determination shall be made on the 
                        basis of the record as a whole, according to 
                        the totality of the circumstances. A single 
                        incident may constitute workplace harassment.
                            (ii) Incidents that may be workplace 
                        harassment shall be considered in the 
                        aggregate, with--
                                    (I) conduct of varying types (such 
                                as expressions of sex-based hostility, 
                                requests for sexual favors, and denial 
                                of employment opportunities due to 
                                sexual orientation) viewed in totality, 
                                rather than in isolation; and
                                    (II) conduct based on multiple 
                                protected characteristics (such as sex 
                                and race) viewed in totality, rather 
                                than in isolation.
                            (iii) 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 exhaustive. 
                        None of these factors shall be considered to be 
                        determinative in establishing whether conduct 
                        constitutes harassment. Factors to be used in 
                        determining whether conduct constitutes 
                        harassment include--
                                    (I) the frequency of the conduct;
                                    (II) the duration of the conduct;
                                    (III) the location where the 
                                conduct occurred;
                                    (IV) the number of individuals 
                                engaged in the conduct;
                                    (V) the nature of the conduct, 
                                which may include physical, verbal, 
                                pictorial, or visual conduct, and 
                                conduct that occurs in person or is 
                                transmitted, such as electronically;
                                    (VI) whether the conduct is 
                                threatening;
                                    (VII) any power differential 
                                between the alleged harasser and the 
                                person allegedly harassed;
                                    (VIII) any use of epithets, slurs, 
                                or other conduct that is humiliating or 
                                degrading; or
                                    (IX) whether the conduct reflects 
                                stereotypes about individuals in the 
                                protected class involved.
                            (iv) In determining whether conduct 
                        constitutes harassment, conduct may be 
                        harassment regardless of whether, for example--
                                    (I) the complaining party is not 
                                the individual being harassed;
                                    (II) the complaining party 
                                acquiesced or otherwise submitted to, 
                                or participated in, the conduct;
                                    (III) the conduct is also 
                                experienced by others outside the 
                                protected class involved;
                                    (IV) the complaining party was able 
                                to continue carrying out duties and 
                                responsibilities of the party's job 
                                despite the conduct;
                                    (V) the conduct did not cause a 
                                tangible injury or psychological 
                                injury; or
                                    (VI) the conduct occurred outside 
                                of the workplace.
    (b) Establishment of Office of Employee Advocacy.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act, the Secretary shall establish a new 
        office to be the Office of Employee Advocacy, to be headed by a 
        full-time Chief Advocate. 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 position. The 
        Chief Advocate--
                    (A) shall report directly to the Under Secretary 
                for Management; and
                    (B) may not have any other duties in the Department 
                of State that are not reasonably connected to employee 
                advocacy.
            (2) Duties of office of employee advocacy.--The duties of 
        the Office of Employee Advocacy are as follows:
                    (A) Receive complaints from any Department of State 
                covered employee or eligible family member (EFM), as 
                defined in the Foreign Affairs Manual, of harassment, 
                discrimination, sexual assault, and related 
                retaliation.
                    (B) Counsel victims of their rights, procedures for 
                seeking relief, and available resources, both locally 
                and at headquarters, under this title, and other 
                employment laws enforced by the Equal Employment 
                Opportunity Commission including the Civil Rights Act 
                of 1964, the Pregnancy Discrimination Act of 1978, the 
                Equal Pay Act of 1963, the Age Discrimination in 
                Employment Act of 1967, the Americans with Disabilities 
                Act of 1990, the Civil Rights Act of 1991, the 
                Rehabilitation Act of 1973, and the Genetic Information 
                Nondiscrimination Act of 2008.
                    (C) Provide confidential support and information, 
                including referrals to medical and mental health care.
                    (D) Refer complaints to the appropriate offices in 
                the Department of State promptly including--
                            (i) the Office of Civil Rights in instances 
                        of harassment, discrimination, or related 
                        retaliation; and
                            (ii) the Bureau of Diplomatic Security in 
                        instances of sexual assault or other complaints 
                        with security clearance implications.
                    (E) For the purposes of receiving complaints, 
                operate secure, confidential means of reporting 24 
                hours a day, including an electronic reporting system 
                and an internationally accessible hotline.
                    (F) Employ Employee Advocates to carry out the 
                duties of the Office and assist those filing or 
                considering filing a complaint.
                    (G) If a victim chooses to file a complaint, such 
                Advocates shall assist the victim in providing 
                information and support until an investigation is 
                completed, and a final agency decision has been made.
                    (H) Provide assistance to complainants without 
                undue pressure from Department of State leadership.
                    (I) Provide routine training to attorneys and 
                advocates on harassment, discrimination, sexual 
                assault, and related retaliation policies and best 
                practices for victim care.
                    (J) Track the stage of reporting, investigation, or 
                disciplinary process a complaint is in.
                    (K) Conduct climate surveys, as specified in 
                section 306.
            (3) Electronic reporting system.--The system established 
        under this subsection shall--
                    (A) include an electronic reporting system under 
                which a complaint may be filed, in addition to a non-
                electronic system;
                    (B) maintain an electronic record of the date and 
                time at which any complaint is so filed;
                    (C) ensure the security and confidentiality of 
                records; and
                    (D) allow the submission of confidential reports 
                that will not prompt individualized investigations, but 
                shall be monitored by the Office to identify trends and 
                determine whether investigations should be undertaken 
                by the Office of Civil Rights.
            (4) International hotline.--The system established under 
        this subsection shall--
                    (A) include an international toll-free number 
                accessible by all covered employees and EFM both 
                domestic and overseas;
                    (B) be staffed 24 hours day, 7 days a week by 
                Office of Employee Advocacy staff during normal working 
                hours, and by a rotating OEA duty officer or contractor 
                during non-working hours;
                    (C) be entered by OEA staff into the electronic 
                reporting system so that all reported cases are 
                captured in the system; and
                    (D) to the extent practicable, ensure access to the 
                hotline for non-English speakers.
            (5) Overseas post reporting.--
                    (A) Each overseas post shall notify employees that 
                they may use the electronic reporting system or 
                international hotline as established in paragraphs (3) 
                and (4), or report in person to the Deputy Chief of 
                Mission or other employees designated as Office of 
                Employee Advocacy Liaisons.
                    (B) The OEA Liaisons may include (but are not 
                limited to) the Equal Employment Opportunity Counselor, 
                the Community Liaison Officer, the Locally Employed 
                Staff (LES) Equal Employment Opportunity Officer 
                Liaison, or other staff to be selected by the Deputy 
                Chief of Mission.
                    (C) 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 Advocacy, and on the various means of 
                communications that employees can use to reach out to 
                OEA Employee Advocates.
                    (D) The Chief of Mission shall not be notified of 
                the identity of the complainant without the express 
                permission of the complainant.
            (6) Application.--This section shall not be construed to 
        preclude, limit, or otherwise effect the rights of a covered 
        employee to file a complaint, based on the alleged harassment, 
        discrimination, sexual assault, and related retaliation that 
        gave rise to the complaint under this subsection, under any 
        other provision of law. This section shall not be construed to 
        preclude, limit, or otherwise affect the rights of a covered 
        employee to file a complaint with another office.
            (7) Consultation; technical assistance.--In developing the 
        Office of Employee Advocacy, the Department of State shall 
        receive technical assistance and consultation from 
        organizations and other professionals with expertise in victim-
        centered, trauma-informed care, individuals who have 
        experienced harassment, discrimination, or retaliation at the 
        Department of State, the Equal Employment Opportunity 
        Commission, and other relevant executive agencies.
    (c) Duties of Office of Civil Rights.--
            (1) In general.--Upon the referral of a complaint from the 
        Office of Employee Advocacy to the Office of Civil Rights, the 
        Office of Civil Rights shall--
                    (A) take steps for the initial intake and recording 
                of the complaint, 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 law; and
                    (B) notify the accused covered employee--
                            (i) of the complaint and the right of that 
                        covered employee to participate in any 
                        mediation, hearing, or civil action under this 
                        section and other applicable law with respect 
                        to the complaint;
                            (ii) that retention of documents and 
                        evidence is crucial, and any unauthorized 
                        destruction of documents and evidence may 
                        result in additional investigations and 
                        potential punishment; and
                            (iii) that there is a prohibition on 
                        retaliation against the covered employee who 
                        filed the complaint and may be investigation 
                        and discipline for retaliation.
            (2) Investigation of complaints.--
                    (A) Investigation.--The Office of Civil Rights 
                shall investigate all complaints in a prompt, thorough, 
                and impartial manner. 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 reported. The Under 
                Secretary for Management shall authorize sufficient 
                funding for Office of Civil Rights attorney advisors to 
                conduct this travel as necessary.
                    (B) Investigation of chief of mission.--If the 
                Chief of Mission at an overseas post is named as the 
                alleged perpetrator in a complaint, the Office of Civil 
                Rights must notify the Secretary of State. The Office 
                of Civil Rights must prioritize the investigation of 
                such cases.
                    (C) Report.--Not later than 120 days after a 
                complaint is filed under this section and transmitted 
                to the Office of Civil Rights, the Office of Civil 
                Rights shall conclude the investigation regarding that 
                complaint. On the date the investigation is so 
                concluded, the Office of Civil Rights shall transmit a 
                written report on the results of the investigation to--
                            (i) the covered employee who filed the 
                        complaint;
                            (ii) the accused employee and his or her 
                        employing office; and
                            (iii) Global Talent Management.
                    (D) Extension.--The Office of Civil Rights may 
                extend the 120 day deadline in subparagraph (A) if the 
                Office of Civil Rights determines that additional time 
                is necessary to conclude the investigation. 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 30 days.
                    (E) Transmission to global talent management.--
                After the Office of Civil Rights concludes the 
                investigation, 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 action.
                    (F) Transmission to secretary of state.--Global 
                Talent Management shall transmit the investigatory 
                report and any resulting disciplinary actions to the 
                Secretary of State. Reports shall be transmitted to the 
                Secretary no less than quarterly.
                    (G) Staffing.--If the number of complaints received 
                by the Office of Civil Rights exceeds its capacity to 
                respond within 120 days to the majority of cases, 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 basis.
                    (H) Record retention.--
                            (i) Record retention.--Global Talent 
                        Management shall keep a record of 
                        investigations, hearings, and other proceedings 
                        conducted related to complaints of harassment, 
                        discrimination, sexual assault, or related 
                        retaliation.
                            (ii) Personnel files.--Subsequent 
                        disciplinary action taken by Global Talent 
                        Management in response to the investigation and 
                        any EEO settlements or judgements of 
                        harassment, discrimination, sexual assault, or 
                        related retaliation shall be documented and 
                        kept on file and accessible to the Office of 
                        Civil Rights, Diplomatic Security, security 
                        clearance investigators, and Federal law 
                        enforcement officials. Global Talent Management 
                        shall also ensure that a standalone document 
                        containing a description of the offense and 
                        disciplinary action taken, redacted of any 
                        personally identifiable information, shall be 
                        provided to and reviewed by all subsequent 
                        Department Foreign Service and Civil Service 
                        Selection and promotion Boards, to include a 
                        permanent notation in the employee's file, 
                        including annual performance assessments or 
                        employee evaluations.
    (d) Disciplinary Action.--
            (1) Suspension.--Section 610(c)(1) of the Foreign Service 
        Act of 1980 (22 U.S.C. 4010(c)(1)) is amended to read as 
        follows:
            ``(1) In order to promote the efficiency of the Service, 
        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 Management.''.
            (2) Separation for cause.--Section 610(a)(1) of the Foreign 
        Service Act of 1980 (22 U.S.C. 4010(a)(1)) is amended to read 
        as follows:
            ``(1) The Secretary may decide to separate any member from 
        the Service for such cause as will promote the efficiency of 
        the service, to include findings by Diplomatic Security that 
        the member has engaged in criminal misconduct, to include 
        murder, rape, or other sexual assault.''.
            (3) 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 Notices.
    (e) Penalties.--Consistent with other civil service and Foreign 
Service laws and regulations, the Secretary of State shall develop a 
policy of applying penalties to any covered employee who is determined 
to have sexual assault, harassment, discrimination, or related 
retaliation complaints against him or her substantiated. Such penalties 
shall include additional mandatory training, suspension with or without 
pay, demotion in rank, or removal for a period of the Secretary's 
choosing.
    (f) Additional Documentation.--Global Talent Management shall 
ensure, to the extent practicable and appropriate, 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 harasses, 
discriminates against, sexually assaults, or retaliates against a 
covered employee is--
            (1) documented in an appropriate site history file and in a 
        global tracking and recording system, to be coordinated by 
        Global Talent Management;
            (2) 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 Department; and
            (3) any covered employee who filed the complaint may opt 
        out of having personally identifiable information included in 
        such a report.
    (g) Case Review.--
            (1) 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 
        harassment, discrimination, sexual assault, and related 
        retaliation protocols and guidelines provided under this title 
        and other applicable laws.
            (2) 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 307(a).

SEC. 304. SEXUAL ASSAULT PROTOCOL AND VICTIM CARE.

    (a) Establishment.--
            (1) In general.--In addition to the other requirements of 
        this title, 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 protocols and 
        guidelines under paragraph (1), the Secretary shall consult 
        with and incorporate, as appropriate, the recommendations and 
        views of experts in the sexual assault prevention and response 
        field, victims, victim advocates, and current or former covered 
        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:
            (1) Protection of such employee's confidentiality.
            (2) Provision of a victim's advocate, as described in 
        subsection (e), who is able to refer the victim 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 employee, upon request.
            (4) Provision of emergency health care to such employee, 
        including, to the greatest extent practicable, a choice of 
        medical providers and a mechanism 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 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 State.
    (c) Notification.--Diplomatic Security Office of Special 
Investigations shall be notified immediately of any reported sexual 
assault against any covered employee. For 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--
                    (A) responsible for providing mental health 
                services or to act as an investigator; or
                    (B) placed under the Department's medical offices 
                or be responsible for providing physical health 
                services.
            (4) Placement.--The Secretary shall ensure that Advocates 
        are physically present at Department headquarters, major 
        domestic and international facilities and embassies, as 
        determined by the Department and with logistical consideration 
        to allow for expedient travel to Department facilities without 
        Advocates.
    (e) Overseas Post.--
            (1) In general.--The Department shall serve as the lead 
        agency for reporting and responding to harassment, 
        discrimination, sexual assault, and related 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 if the accused is not a 
        covered employee of the Department of State.
            (3) Chief of mission authority.--If a credible 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 permission to be in the country on official 
        business.
            (4) Diplomatic security training.--Diplomatic 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 Medical Services within 
the Department of State shall ensure that to the greatest extent 
practicable, Sexual Assault Nurse Examiner trained staff shall be 
placed at Department headquarters and major domestic and international 
facilities and embassies.

SEC. 305. RIGHTS OF EMPLOYEES HARASSED, DISCRIMINATED AGAINST, 
              RETALIATED AGAINST, OR SEXUALLY ASSAULTED.

    (a) Right to Legal Counsel.--Any covered employee filing a 
complaint of harassment, discrimination, sexual assault, or related 
retaliation may have access to legal counsel as specified in section 
303(b).
    (b) Availability of Mediation During Harassment Investigations.--
            (1) Availability of mediation during investigation.--During 
        the complaint intake of a covered employee's complaint under 
        section 303--
                    (A) the Office of Civil Rights may inform the 
                covered employee of the availability of mediation;
                    (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 request 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 separated during any mediation proceeding 
        under this subsection.
    (c) Availability of Alternate Work Assignment or Paid Leave of 
Absence During Pendency of Procedures.--
            (1) Options for employees.--
                    (A) Emergency curtailment of overseas assignment.--
                At the request of a covered employee who files a 
                complaint of harassment, 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 reassigned. Such requests for emergency curtailment 
                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 
                inadvertently result in retaliation against 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 consideration of the violation, 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 
                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 employing 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 employing office may 
                during the pendency of the procedures described in 
                subparagraph (B)--
                            (i) reassign the covered employee;
                            (ii) 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 (B); or
                            (iii) grant a paid leave of absence.
                    (D) 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 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 substitute, 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 prepare for the investigation 
                and resolution of the applicable complaint.
            (2) Exception for arrangements subject to collective 
        bargaining agreements.--Paragraph (1) 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 office.
            (3) Protections.--A request under paragraph (1) may not be 
        granted or carried out in a retaliatory manner, including 
        retaliation for whistleblowing 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 specifically about the prevalence of and incidents of 
harassment, discrimination, sexual assault, and related retaliation.

SEC. 306. PROVISION OF CLIMATE SURVEYS.

    (a) Definitions.--In this section--
            (1) the term ``bureaus and offices of the Department 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 ``Department'' 
        include the Foreign Service; and
            (3) the terms ``employees and officials of the Department 
        of State'' includes members of the Service (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 Department of State.--
            (1) Requirement to conduct surveys.--Not later than 180 
        days after the date of the enactment 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, including on the basis of 
                sex, race, religion, national origin, disability, 
                genetic information, and other demographic 
                characteristics.
                    (C) The presence of a hostile work environment in 
                the agency.
                    (D) Whether employees are aware of their rights and 
                Department processes and procedures, and able to 
                effectively exercise the rights and protections 
                provided under this title and other applicable laws, 
                including the effectiveness of the procedures 
                applicable under this title and other applicable laws 
                for investigating and holding accountable violations.
                    (E) The extent to which employees feel comfortable 
                making use of the available reporting and resolution 
                mechanisms.
                    (F) For employees who have used the reporting and 
                resolution mechanisms, the extent to which the process 
                was accessible and fair.
            (2) Special requirements.--
                    (A) In general.--In each survey conducted under 
                this section, the Office of Employee Advocacy shall 
                survey respondents regarding the prevalence of and 
                attitudes regarding harassment, discrimination, sexual 
                assault, and related retaliation in Department of State 
                employment.
                    (B) 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 
                characteristics, including gender, race and ethnicity, 
                and age, so that the survey will report on the rates of 
                incidents of harassment, discrimination, sexual 
                assault, and related retaliation affecting each such 
                demographic category. The provision of such demographic 
                information shall be voluntary.
                    (C) Consultation; 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 employees, 
                including the Sexual Assault Prevention and Response 
                Office of the Department of Defense, the Office of 
                Violence 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 available to the Office 
                of Employee Advocacy.
            (3) Methodology.--The Office of Employee Advocacy shall 
        conduct each survey under this section in accordance with the 
        following:
                    (A) All responses to all portions of the survey 
                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 communication 
                devices (such as cell phones and tablets).
                    (C) The Office of Employee Advocacy shall include 
                in the survey a list of resources available to 
                respondents who wish to get more information about 
                harassment, discrimination, sexual assault, or related 
                retaliation in Department of State employment, 
                including the services the Department of State provides 
                to individuals who allege violations.

SEC. 307. 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 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 harassment, discrimination, 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 Department'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, 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 implemented 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 harassment, discrimination, 
        sexual assault, and related retaliation involving employees and 
        officials of the Department of State.
            (5) Details on the average caseload of Department 
        investigators handling harassment, discrimination, sexual 
        assault, and related retaliation, to include 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 incidents of 
        harassment, discrimination, sexual assault, and related 
        retaliation.
            (8) Detailed findings and underlying data of the climate 
        surveys required in section 306, 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 harassment, 
        discrimination, sexual assault, or related retaliation took 
        advantage of supportive services, such as medical care or 
        counseling.
    (c) Assessment.--Each report under paragraph (1) for each year 
beginning with 2022 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 2(a) of the Department of State 
on the prevention of and response to harassment, discrimination, sexual 
assault, 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 harassment, discrimination, sexual assault, and 
related retaliation.
    (d) Assessment of Additional Authorities Needed.--Not later than 
one year after the date of enactment 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 
capability of the Department of State to address matters relating to 
harassment, discrimination, sexual assault, and related retaliation 
involving covered employees. The report shall include recommendations 
for additional appropriations, as appropriate, to implement these 
changes.

SEC. 308. REQUIRED TRAINING FOR DEPARTMENT PERSONNEL.

    (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 to each covered employee of the Department 
of State training regarding whistleblower disclosures and protections. 
Such training shall include instruction and an explanation 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 information 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 assault, 
and related retaliation, including--
            (1) describing what such conduct entails;
            (2) identifying the types of conduct that serve as grounds 
        to report or intervene;
            (3) training on relevant laws that may require an officer 
        or employee to report or intervene in instances 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 prevention 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 mandatory training on responding to 
complaints of harassment, discrimination, sexual assault, and related 
retaliation 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 annually thereafter, the Office of Civil 
Rights shall provide and institute mandatory training for each covered 
employee serving in an executive leadership role, including Chiefs of 
Mission. The training shall emphasize the statutory requirements for 
reporting and responding to complaints of harassment, discrimination, 
sexual assault, and related retaliation, including--
            (1) understanding the damage and harm harassment, 
        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 harassment, 
        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 prevention and response, and healthy 
        workplace culture.
    (e) Policies and Procedures.--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 on the policies and procedures on harassment, 
discrimination, sexual assault, and related retaliation applicable by 
operation of section 302. Employees should receive this training within 
30 days of entering on duty. 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.
    (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, responsibilities, and penalties 
associated with conduct of harassment, discrimination, sexual assault, 
and related retaliation.
    (g) Equal Employment Opportunity Counselor Training.--The Office of 
Civil Rights shall revise the 32 hours of training provided to Equal 
Employment Opportunity Counselors to include the resources and 
responsibilities of the Office of Employee Advocacy, as well as the 
various means of communication available to employees to relay their 
complaints to OEA.

SEC. 309. HIRING, VETTING, AND PROMOTION.

    (a) In General.--The Secretary of State, in consultation with 
relevant agencies, shall ensure that questions relating to harassment, 
discrimination, sexual assault, and related retaliation complaints are 
included in any background investigation with respect to a security 
clearance or access determination and vetting of any covered employee.
    (b) Requirements for Appointment.--Consistent with the civil 
service and Foreign Service laws and regulations, 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 Department.
    (c) 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 discrimination. Promotion boards 
shall take into account whether candidates 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 regulations, the Secretary of State shall 
ensure that promotion precepts and selection panels reward officers who 
have volunteered to serve as Equal Employment Opportunity Counselors, 
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 leadership, 
management, and interpersonal skills precepts.

SEC. 310. 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 department, 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 ``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 agreement.
            (4) 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 party.
    (b) Unlawful Practices.--
            (1) In general.--It shall be an unlawful practice for an 
        employer to enter into a contract or agreement with an 
        employee, as a condition of employment, promotion, 
        compensation, benefits, or change in employment status, or as a 
        term, condition, or privilege of employment, if that contract 
        or agreement contains a nondisparagement clause or 
        nondisclosure clause that covers prohibited discrimination 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 practice 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 enforcement or 
        attempts to enforce such a nondisclosure agreement against an 
        employee shall be determined to be prohibited retaliation.
            (3) Settlement or separation agreements.--
                    (A) In general.--The provisions of paragraphs (1) 
                and (2) 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--
                            (i) such legal claims accrued or such 
                        disputes arose before the settlement agreement 
                        or separation agreement was executed;
                            (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 described 
                        in subparagraph (C); and
                            (iv) the settlement agreement or separation 
                        agreement expressly states that the agreement 
                        involved does not prohibit, prevent, or 
                        otherwise restrict a worker from--
                                    (I) reporting the allegations 
                                underlying those settled claims to the 
                                Equal Employment Opportunity 
                                Commission, any other Federal, State, 
                                or local agency with the authority to 
                                enforce 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 Commission, any 
                                other Federal, State, or local agency 
                                with the authority to enforce laws 
                                (including regulations) that prohibit 
                                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.
                    (B) Prohibition on sole benefit.--For purposes of 
                this paragraph, 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 agreement.
                    (C) Knowing and voluntary agreement.--For purposes 
                of this paragraph, agreement to a nondisparagement 
                clause or nondisclosure clause may not be considered 
                knowing and voluntary unless at a minimum--
                            (i) the nondisparagement clause or 
                        nondisclosure clause is written in a manner 
                        designed to ensure that the employee 
                        understands the content of the clause involved;
                            (ii) the nondisparagement clause or 
                        nondisclosure clause is included only in 
                        exchange for consideration of value provided to 
                        the employee, in addition to anything of value 
                        to which the employee is already entitled;
                            (iii) 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 executed;
                            (iv) 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 
                        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 become effective or 
                        enforceable until the revocation period has 
                        expired.
                    (D) Burden of proof.--In any dispute that may arise 
                over whether any of the requirements of subparagraph 
                (A) have been met, the party asserting the validity of 
                an agreement shall have the burden of proving that the 
                requirements of subparagraph (A) have been met.
                    (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 Commission, any Federal, State, 
                or local agency with the authority to enforce laws 
                (including regulations) that prohibit discrimination in 
                employment, 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 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 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--
                    (A) the Commission shall have the same powers as 
                the Commission has to administer and enforce title VII 
                of the Civil Rights Act of 1964 (42 U.S.C. 2000e et 
                seq.);
                    (B) 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 1964 
                (42 U.S.C. 2000e et seq.) in the case of a claim 
                alleged by an employee of the employer for a violation 
                of such title;
                    (C) the Board (as defined in section 101(a) of the 
                Congressional Accountability Act of 1995 (2 U.S.C. 
                1301(a))) shall have the same powers as the Board has 
                to administer and enforce the Congressional 
                Accountability Act of 1995 (2 U.S.C. 1301 et seq.) in 
                the case of a claim alleged by an employee of the 
                employer for a violation of section 201(a)(1) of such 
                Act (2 U.S.C. 1311(a)(1));
                    (D) the President, the Commission, and the Merit 
                Systems Protection Board shall have the same powers as 
                the President, the Commission, and the Board, 
                respectively, to administer and enforce chapter 5 of 
                title 3, United States Code, in the case of a claim 
                alleged by an employee of the employer for a violation 
                of section 411 of such title; and
                    (E) a court of the United States shall have the 
                same jurisdiction and powers as the court has to 
                enforce--
                            (i) title VII of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000e et seq.) in the case of a 
                        claim alleged by an employee of the employer 
                        for a violation of such title;
                            (ii) the Congressional Accountability Act 
                        of 1995 (2 U.S.C. 1301 et seq.) in the case of 
                        a claim alleged by an employee of the employer 
                        for a violation of section 201(a)(1) of such 
                        Act (2 U.S.C. 1311(a)(1)); and
                            (iii) chapter 5 of title 3, United States 
                        Code, in the case of a claim alleged by an 
                        employee of the employer for a violation of 
                        section 411 of such title.
            (2) 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--
                    (A) the procedures and remedies applicable for a 
                violation of title VII of the Civil Rights Act of 1964 
                (42 U.S.C. 2000e et seq.) in the case of a claim 
                alleged by an employee of the employer for a violation 
                of such title;
                    (B) the procedures and remedies applicable for a 
                violation of section 201(a)(1) of the Congressional 
                Accountability Act of 1995 (2 U.S.C. 1311(a)(1)) in the 
                case of a claim alleged by an employee of the employer 
                for a violation of such section; and
                    (C) the procedures and remedies applicable for a 
                violation of section 411 of title 3, United States 
                Code, in the case of a claim alleged by an employee of 
                the employer for a violation of such section.
    (d) Right To Report Reserved.--Notwithstanding signing (before, on, 
or after the effective date of this Act) any nondisparagement clause or 
nondisclosure clause, an employee retains--
            (1) any right that person would otherwise have had to 
        report a concern about harassment, including sexual harassment, 
        in employment or another violation of the law to the 
        Commission, another Federal agency (including an office of the 
        legislative or judicial branch), a State or local fair 
        employment practices 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 paragraphs (2), (3), 
        and (4), the Commission shall have authority to issue 
        regulations to carry out this section.
            (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 subsection (c)(1)(C) 
        shall have authority to issue regulations 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 authority to issue 
        regulations to carry out this section with respect to employees 
        described in subsection (c)(1)(E).
    (f) Remedies.--Notwithstanding any other provision of this title, 
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)).

SEC. 311. 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 workforce, 
including the United States Agency for International Development, the 
Broadcasting Board of Governors, the Peace Corps, the Development 
Finance Corporation, and the Millennium Challenge Corporation, should 
take significant steps to prevent and eradicate sexual harassment and 
assault.
                                 <all>