Sec. 4. Sexual assault protocol and victim care
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In addition to the other requirements of this Act, not later than one year after the date of the enactment of this Act, the Secretary of State shall develop and implement comprehensive sexual assault protocol and guidelines that conform to best practices in the sexual assault field and are applicable to all posts at which covered employees serve. 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.
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: Protection of such employee’s confidentiality. 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. Provision, within 72 hours of a report, of a sexual assault forensic evidence kit to such employee, upon request.
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. Provision of comprehensive health services, to the greatest extent practicable, to include physical and mental health services. 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.
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. 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 ). The Advocates shall— receive continuous training in victim advocacy; assist the victim in navigating those processes required to obtain care and services needed; and offer trauma-informed care to victims, referrals, and ongoing nonclinical support. The Advocates shall not be— responsible for providing mental health services or to act as an investigator; or placed under the Department’s medical offices or be responsible for providing physical health services.
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. 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.
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. 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.
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. 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.