[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8072 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8072
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
June 15, 2022
Mr. Castro of Texas (for himself, Mr. Cicilline, and Ms. Titus)
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 2022'' or the ``LOVE Act of 2022''.
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, gender identity, or sex
characteristics. 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, gender identity, or sex
characteristics.
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, gender identity, or sex
characteristics.
(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, gender identity, or sex characteristics 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:
(1) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual, regardless of
the individual's designated sex at birth.
(2) Lavender scare.--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.
(3) LGBTQI.--The term ``LGBTQI'' means lesbian, gay,
bisexual, transgender, queer, or intersex.
(4) Sexual orientation.--The term ``sexual orientation''
means actual or perceived homosexuality, heterosexuality, or
bisexuality.
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