[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1420 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 1420
To direct the Secretary of State to review the termination
characterization of former members of the Department of State who were
fired by reason of the sexual orientation of the official, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2017
Mr. Cardin (for himself, Mr. Markey, Mr. Merkley, Mr. Van Hollen, Mr.
Schatz, Mr. Booker, Mr. Kaine, Ms. Baldwin, Mr. Coons, Mr. Whitehouse,
Mr. Blumenthal, Mrs. Gillibrand, Mrs. Shaheen, Mr. Wyden, Mrs.
Feinstein, Mr. Murphy, Mrs. Murray, Mr. Menendez, and Mr. Udall)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To direct the Secretary of State to review the termination
characterization of former members of the Department of State who were
fired by reason of the sexual orientation of the official, 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.
This Act may be cited as the ``Lavender Offense Victim Exoneration
Act of 2017'' or the ``LOVE Act of 2017''.
SEC. 2. 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 rendered them vulnerable to blackmail
and made them security risks.
(3) In addition to those wrongfully dismissed, 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 a special measure of responsibility as
the Department's actions were in part in 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 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 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 in 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. 3. DIRECTOR GENERAL REVIEW.
(a) Review.--The Director General of the Foreign Service and
Director of Human Resources 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,
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 compiled 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.
SEC. 4. 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 3.
(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 3. Each report shall include any comments or
recommendations for continued actions.
SEC. 5. 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 Director of Human Services under
section 3(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 Director of Human Resources 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 in order that such testimony may
serve as an official record of these discriminatory policies
and their impact on United States lives; 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.
(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. 6. 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. 7. ESTABLISHMENT OF PERMANENT EXHIBIT ON THE LAVENDER SCARE.
(a) In General.--The Secretary of State shall work with the current
public-private partnership associated with the Department of State's
new United States Diplomacy Center to establish a permanent exhibit on
the ``Lavender Scare'' in the museum to assure that the history of this
unfortunate 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) should provide access to the reports compiled by the
Director General of the Foreign Service and Director of Human
Resources under section 3(b); and
(3) shall readily display material gathered from oral
testimony received pursuant to section 5(b)(2) from employees
or family members of deceased employees who were subject to
these discriminatory policies during the ``Lavender Scare''.
SEC. 8. 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 visas to the spouses of all
Foreign Service personnel posted overseas due to their sexual
orientation. 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 visas for the country their spouse is
assigned, regardless of sexual orientation.
SEC. 9. 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.
(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.
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