[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3430 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3430

    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 the sexual 
          orientation of the official, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 10, 2020

 Mr. Menendez introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
    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 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
State Inclusivity Act of 2020''.
    (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 Officer.
Sec. 103. Collection, analysis, and dissemination of workforce data.
Sec. 104. Exit interviews for workforce.
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. Payne fellowship authorization.
Sec. 112. Expansion of Diplomats in Residence Program.
Sec. 113. Use of gender neutral terms in employee evaluation forms.
Sec. 114. Voluntary participation.
                       TITLE II--LOVE ACT OF 2020

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 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) 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).
            (3) Department.--The term ``Department'' means the 
        Department of State.
            (4) 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.).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of State.
            (6) 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 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 Officer.--
            ``(1) In general.--There shall be established within the 
        Department of State in the immediate office of the Secretary of 
        State an Office of the Chief Diversity Officer. The head of the 
        Office of the Chief Diversity Officer shall report directly to 
        the Secretary.
            ``(2) Duties.--The Office of the Chief Diversity 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 equity, diversity, and inclusion;
                    ``(B) collaborate with other Department offices and 
                bureaus to support them in assessing potential barriers 
                and developing strategies to recruit and retain a 
                diverse workforce;
                    ``(C) assess the Department's need for, and 
                recommend training initiatives on, cultural competency, 
                gender differences, disability, sexual harassment, and 
                other topics designed to increase awareness and support 
                of equity and inclusion values; and
                    ``(D) ensure the Department maintains compliance 
                with all relevant and applicable laws and 
                regulations.''.

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 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 several 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 
                through--
                            (i) the Charles B. Rangel International 
                        Affairs Fellowship Program;
                            (ii) the Thomas R. Pickering Foreign 
                        Affairs Fellowship Program;
                            (iii) the Donald M. Payne International 
                        Development Fellowship 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 work with the Director of the 
Office of Personnel Management and the Director of the Office of 
Management and Budget to provide a report to the appropriate 
congressional committees, which shall be posted on the Department's 
website, which 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. EXIT INTERVIEWS FOR WORKFORCE.

    (a) Retained Members.--The Director General of the Foreign Service 
and the Director of Human Resources 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 Human Resources 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 Human Resources 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 
        participating in 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 Department 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 Human Resources of the 
        Department to have a recruitment plan of action for the 
        recruitment of people belonging to traditionally under-
        represented 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 implicit bias, 
                including training on the effects of implicit 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 research-
        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; and
            (2) the Department should--
                    (A) develop mechanisms to ensure that the Foreign 
                Service promotion list appropriately promotes a diverse 
                workforce; and
                    (B) establish criteria within the Foreign Service 
                Employee Evaluation Report that include evaluating the 
                support of Foreign 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 with 
        the workforce on a regular basis, including with employee 
        resource groups.
    (b) External Advisory Committees and Boards.--For each external 
advisory committee or board to which individuals in senior positions in 
the Department appoint members, the Secretary is strongly encouraged by 
Congress to ensure such external advisory committee or board is 
developed, reviewed, and carried out by qualified teams that represent 
the diversity of the organization.

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) professional schools of international affairs.
    (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 subparagraph, 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 such examinations give sufficient weight to 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. PAYNE FELLOWSHIP AUTHORIZATION.

    (a) In General.--Undergraduate and graduate components of the 
Donald M. Payne International Development Fellowship Program may 
conduct outreach to attract outstanding students with an interest in 
pursuing a Foreign Service career who represent diverse ethnic and 
socioeconomic backgrounds.
    (b) Review of Past Programs.--The Secretary shall review past 
programs 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 employee 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.

                       TITLE II--LOVE ACT OF 2020

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Lavender Offense Victim 
Exoneration Act of 2020'' or the ``LOVE Act of 2020''.

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 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. 203. 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. 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 Director of Human Services 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 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 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.
    (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 
new 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) should provide access to the reports compiled by the 
        Director General of the Foreign Service and Director of Human 
        Resources 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. 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.

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.
            (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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