[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8809 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8809

 To review the termination characterization of former employees of the 
Department of State who were fired by reason of the sexual orientation 
               of such employees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 24, 2020

  Mr. Castro of Texas (for himself, Mr. Cicilline, Mr. McGovern, Mr. 
  Lowenthal, Ms. Norton, Ms. Haaland, Mr. Carson of Indiana, and Mr. 
   Sherman) introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
 To review the termination characterization of former employees of the 
Department of State who were fired by reason of the sexual orientation 
               of such employees, 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 2020'' or the ``LOVE Act of 2020''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) As a consequence of 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 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 a special measure of responsibility for 
        these discriminatory actions 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 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 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. SECRETARY OF STATE REVIEW.

    (a) Review.--The Secretary of State shall--
            (1) review all Department of State terminations of 
        employees of the Department that occurred as a consequence of 
        the Lavender Scare; and
            (2) identify all such former employees.
    (b) Report.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary of State shall, consistent with 
applicable privacy regulations, compile in a publicly available report 
the information reviewed under subsection (a). Such report shall 
include historical statements made by officials of the Department of 
State and Members of Congress that announced or described policies and 
actions that were part of the Lavender Scare.

SEC. 4. ESTABLISHMENT OF RECONCILIATION BOARD.

    (a) Establishment.--The Secretary of State shall establish an 
independent Reconciliation Board (in this section referred to as the 
``Board'') to review the cases of employees of the Department of State 
identified pursuant to section 3(a), as well as employees of the 
Department who suffered discrimination as a consequence of the Lavender 
Scare, and correct the records of such terminated employees.
    (b) Composition of Board.--The Board shall be composed of the 
following:
            (1) A Chair, as selected by the Secretary of State.
            (2) The Director General of the Foreign Service.
            (3) The Director of Human Resources of the Department of 
        State.
            (4) The Director of the Office of the Historian of the 
        Department.
            (5) The Director of the Office of Civil Rights of the 
        Department.
            (6) An individual to represent the current employees of the 
        Department who are members of the LGBTQ community.
            (7) Other individuals, as determined by the Secretary of 
        State.
    (c) Staff.--The Secretary of State shall assign additional 
employees of the Department of State to serve as staff to support the 
activities of the Board.
    (d) Duties.--The Board shall--
            (1) consistent with applicable privacy regulations, contact 
        all individuals whose employment with the Department of State 
        was terminated as a result of their sexual orientation, whether 
        real or perceived, as a consequence of the Lavender Scare or, 
        in the case of deceased former employees, the appropriate 
        family members of such employees, to inform such employees or 
        family members that the termination of such employees has been 
        determined to be inappropriate and that, if desired, the 
        employment records of such employees can be changed to reflect 
        such determination;
            (2) receive oral testimony and written evidence of any 
        Department employees or appropriate family members of deceased 
        employees identified in the report required under section 3 in 
        order that such testimony and evidence may serve as an official 
        record of such actions and the impact of such actions on the 
        lives of United States citizens serving their Nation; and
            (3) provide an opportunity for any former Department 
        employee not identified in such report, or their appropriate 
        family member, to petition the Board to identify additional 
        individuals whose employment was terminated or who suffered 
        discrimination as a result of their sexual orientation, whether 
        real or perceived, as a consequence of the Lavender Scare.
    (e) Review of Claims.--
            (1) In general.--Not later than 150 days after receiving a 
        petition under subsection (d)(3), the Board shall--
                    (A) review such petition; and
                    (B) in accordance with paragraph (2), make a 
                determination regarding whether the employment 
                termination of the individual who is the subject of 
                such petition was a result of their sexual orientation, 
                whether real or perceived, as a consequence of the 
                Lavender Scare.
            (2) Testimony and evidence.--In making determinations under 
        paragraph (1)(B), the Board shall consider all testimony and 
        evidence under subsection (d) and any pertinent information 
        under paragraph (3).
            (3) Cooperation.--In response to a petition under 
        subsection (d)(3), the Secretary of State shall produce 
        pertinent information to rebut an assertion contained in such 
        petition that an employee of the Department was terminated as a 
        consequence of the Lavender Scare.
    (f) Adjustment of Employee Records.--The Secretary of State shall 
adjust all employee records for individuals whose employment was 
terminated as a result of their sexual orientation, whether real or 
perceived, as a consequence of the Lavender Scare, based on the report 
under section 3(a) and the Board's determinations made pursuant to 
subsection (e)(1)(B), to reflect the inappropriate nature of such 
terminations.
    (g) Termination.--The Board shall terminate on the date that is 
five years after the date of the establishment of the Board.
    (h) Definition.--In this section, the term ``appropriate family 
member'' means any spouse, descendent, parent, grandparent, sibling, 
legal guardian, or partner as determined by the Board, and the 
descendants of any such partner.

SEC. 5. 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 legislative process.

SEC. 6. ESTABLISHMENT OF PERMANENT EXHIBIT ON THE LAVENDER SCARE.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of State, working in coordination 
with the current public-private partnership associated with the 
Department of State's National Museum of American Diplomacy, shall 
establish in the Museum a permanent exhibit on the Lavender Scare.
    (b) Specifications.--The exhibit established under subsection (a)--
            (1) should provide access to the reports compiled by the 
        Director General of the Foreign Service and Director of Human 
        Resources of the Department of State under section 3(b); and
            (2) shall readily display material gathered from oral 
        testimony received pursuant to section 4(e)(2).

SEC. 7. GUIDANCE ON ISSUING VISAS.

    To demonstrate the Department of State's commitment to ensuring 
fairness for current Department 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. Such report shall include any comments 
or recommendations for actions, including eliminating visa reciprocity 
with countries determined to be instituting such practices, that will 
lead to ensuring that all spouses of Foreign Service personnel receive 
spousal visas for the country to which their spouse is assigned, 
regardless of sexual orientation.

SEC. 8. ESTABLISHMENT OF ADVANCEMENT BOARD.

    (a) Establishment.--The Secretary of State shall establish, within 
the Office of the Director General of the Department of State, an 
Advancement Board comprised of senior-level officials to address issues 
faced by LGBTQI Foreign Service personnel and their families.
    (b) Hearing of Testimony.--The Advancement Board established under 
subsection (a) shall hear testimony from any willing LGBTQI Foreign 
Service personnel 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 
        the collection of testimony under subsection (b) and annually 
        thereafter for five years, the Advancement Board shall submit 
        to Congress a report based on such testimony.
            (2) Content.--Each report required under paragraph (1) 
        shall include any comments or recommendations included in the 
        testimony referred to in such paragraph for continued actions 
        to improve the Department of State to ensure that no Department 
        employee or family member experiences discrimination due to the 
        sexual orientation of such employee.
            (3) Privacy.--Each report required under paragraph (1) 
        shall remain private and shall be accessible to only Members of 
        Congress, their appropriate staff, and members of the 
        Advancement Board.

SEC. 9. DEFINITIONS.

    In this Act, the term ``Lavender Scare'' means any policy or action 
implemented by the Department of State between January 1, 1950, and 
January 1, 1994, whether formal or informal, that led to the 
termination of Department employees or perpetuated discrimination 
against any such employees on the basis of sexual orientation, whether 
real or perceived.
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