LOVE Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1252 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 APRIL 30, 2019 Mr. MENENDEZ (for himself, Mr. CARDIN, Mr. MURPHY, Mr. UDALL, Mr. MARKEY, Ms. BALDWIN, Mrs. GILLIBRAND, Mrs. FEINSTEIN, Mr. MERKLEY, Mr. KAINE, Mr. BLUMENTHAL, Mr. VAN HOLLEN, Mr. COONS, Mrs. MURRAY, Ms. HARRIS, Mr. WYDEN, Ms. KLOBUCHAR, Mr. BOOKER, Mr. SCHATZ, and Mr. WHITEHOUSE) introduced the following bill; which was read twice and referred to the Committee on Foreign Re- lations 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 orienta- tion of the official, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Lavender Offense Vic- 4 tim Exoneration Act of 2019’’ or the ‘‘LOVE Act of 5 2019’’. 6 VerDate Sep 11 2014 23:11 May 03, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 kjohnson on DSK79L0C42 with BILLS 2 •S 1252 IS SEC. 2. FINDINGS. 1 Congress makes the following findings: 2 (1) During the so-called ‘‘Lavender Scare’’, at 3 least 1,000 people were wrongfully dismissed from 4 the Department of State for alleged homosexuality 5 during the 1950s and well into the 1960s. 6 (2) According to the Department of State’s Bu- 7 reau of Diplomatic Security, Department of State 8 employees were forced out of the Department on the 9 grounds that their sexual orientation ostensibly ren- 10 dered them vulnerable to blackmail and made them 11 security risks. 12 (3) In addition to those wrongfully terminated, 13 many other patriotic Americans were prevented from 14 joining the Department due to a screening process 15 that was put in place to prevent the hiring of those 16 who, according to the findings of the Bureau of Dip- 17 lomatic Security, ‘‘seemed like they might be gay or 18 lesbian’’. 19 (4) Congress bears a special measure of respon- 20 sibility for these discriminatory actions as the De- 21 partment’s actions were in part in response to con- 22 gressional investigations into ‘‘sex perversion of Fed- 23 eral employees’’, reports on the employment of 24 ‘‘moral perverts by Government Agencies’’, hearings 25 and pressure placed on the Department through the 26 VerDate Sep 11 2014 23:11 May 03, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 kjohnson on DSK79L0C42 with BILLS 3 •S 1252 IS appropriations process and congressional complaints 1 that Foggy Bottom was ‘‘rampant with homosexuals 2 who were sympathetic to Communism and vulnerable 3 to blackmail’’. 4 (5) Between 1950 and 1969, the Department of 5 State was required to report on the number of ho- 6 mosexuals fired each year as part of their annual ap- 7 peals before Committees on Appropriations. 8 (6) Although the worst effects of the ‘‘Lavender 9 Scare’’ are behind us, as recently as the early 1990s, 10 the Department of State’s diplomatic security office 11 was investigating State personnel thought to be gay 12 and driving them out of government service as ‘‘se- 13 curity risks’’. 14 (7) In 1994, Secretary of State Warren Chris- 15 topher issued a prohibition against discrimination in 16 the Department of State, including that based on 17 sexual orientation. 18 (8) In 1998, President William Jefferson Clin- 19 ton signed Executive Order 13087 barring discrimi- 20 nation on the basis of sexual orientation. 21 (9) On January 9, 2017, Secretary of State 22 John Kerry issued a statement regarding the ‘‘Lav- 23 ender Scare’’, saying, ‘‘On behalf of the Department, 24 I apologize to those who were impacted by the prac- 25 VerDate Sep 11 2014 23:11 May 03, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 kjohnson on DSK79L0C42 with BILLS 4 •S 1252 IS tices of the past and reaffirm the Department’s 1 steadfast commitment to diversity and inclusion for 2 all our employees, including members of the LGBTI 3 community.’’. 4 SEC. 3. DIRECTOR GENERAL REVIEW. 5 (a) REVIEW.—The Director General of the Foreign 6 Service and Director of Human Resources of the Depart- 7 ment of State, in consultation with the Historian of the 8 Department of State, shall review all employee termi- 9 nations that occurred after January 1, 1950, to determine 10 who was wrongfully terminated owing to their sexual ori- 11 entation, whether real or perceived. 12 (b) REPORT.—Not later than 270 days after the date 13 of the enactment of this Act, the Director General shall, 14 consistent with applicable privacy regulations, compile the 15 information compiled under subsection (a) in a publicly 16 available report. The report shall include historical state- 17 ments made by officials of the Department of State and 18 Congress encouraging and implementing policies and tac- 19 tics that led to the termination of employees due to their 20 sexual orientation. 21 SEC. 4. REPORTS ON REVIEWS. 22 (a) REVIEWS.—The Secretary of State shall conduct 23 reviews of the consistency and uniformity of the reviews 24 conducted by the Director General under section 3. 25 VerDate Sep 11 2014 23:11 May 03, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 kjohnson on DSK79L0C42 with BILLS 5 •S 1252 IS (b) REPORTS.—Not later than 270 days after the 1 date of the enactment of this Act, and annually thereafter 2 for 2 years, the Secretary shall submit to Congress a re- 3 port on the reviews conducted under section 3. Each re- 4 port shall include any comments or recommendations for 5 continued actions. 6 SEC. 5. ESTABLISHMENT OF RECONCILIATION BOARD. 7 (a) ESTABLISHMENT.—The Secretary of State shall 8 establish, within the Office of Civil Rights of the Depart- 9 ment of State, an independent Reconciliation Board to re- 10 view the reports released by the Director General of the 11 Foreign Service and Director of Human Services under 12 section 3(b). 13 (b) DUTIES.—The Reconciliation Board shall— 14 (1) consistent with applicable privacy regula- 15 tions, contact all employees found to be fired due to 16 the ‘‘Lavender Scare’’ or, in the case of deceased 17 former employees, the family members of the em- 18 ployees, to inform them that their termination from 19 the Department of State has been deemed inappro- 20 priate and that, if they wish, their employment 21 record can be changed to reflect these findings; 22 (2) designate a point of contact at a senior level 23 position within the Office of the Director General of 24 the Foreign Service and Director of Human Re- 25 VerDate Sep 11 2014 23:11 May 03, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 kjohnson on DSK79L0C42 with BILLS 6 •S 1252 IS sources to receive oral testimony of any employees or 1 family members of deceased employees mentioned in 2 the report who personally experienced discrimination 3 and termination because of the actual or perceived 4 sexual orientation in order that such testimony may 5 serve as an official record of these discriminatory 6 policies and their impact on the lives of United 7 States citizens serving their Nation; and 8 (3) provide an opportunity for any former em- 9 ployee not mentioned in the report to bring forth a 10 grievance to the Board if they believe they were ter- 11 minated due to their sexual orientation. 12 (c) REVIEW OF CLAIMS.— 13 (1) IN GENERAL.—The Board shall review each 14 claim described in subsection (b) within 150 days of 15 receiving the claim. Lack of paperwork may not be 16 used as a basis for dismissing any claims. 17 (2) COOPERATION.—The Department of State 18 shall be responsible for producing pertinent informa- 19 tion regarding each claim to prove the employee was 20 not wrongfully terminated. 21 (d) TERMINATION.—The Board shall terminate 5 22 years after the date of the enactment of this Act. 23 VerDate Sep 11 2014 23:11 May 03, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 kjohnson on DSK79L0C42 with BILLS 7 •S 1252 IS SEC. 6. ISSUANCE OF APOLOGY. 1 (a) FINDING.—Secretary of State Kerry delivered the 2 following apology on January 9, 2017: 3 ‘‘Throughout my career, including as Secretary of 4 State, I have stood strongly in support of the LGBTI com- 5 munity, recognizing that respect for human rights must 6 include respect for all individuals. LGBTI employees serve 7 as proud members of the State Department and valued 8 colleagues dedicated to the service of our country. For the 9 last several years, the Department has pressed for the 10 families of LGBTI officers to have the same protections 11 overseas as families of other officers. In 2015, to further 12 promote LGBTI rights throughout the world, I appointed 13 the first ever Special Envoy for the Human Rights of 14 LGBTI Persons. 15 ‘‘In the past—as far back as the 1940s, but con- 16 tinuing for decades—the Department of State was among 17 many public and private employers that discriminated 18 against employees and job applicants on the basis of per- 19 ceived sexual orientation, forcing some employees to resign 20 or refusing to hire certain applicants in the first place. 21 These actions were wrong then, just as they would be 22 wrong today. 23 ‘‘On behalf of the Department, I apologize to those 24 who were impacted by the practices of the past and reaf- 25 firm the Department’s steadfast commitment to diversity 26 VerDate Sep 11 2014 23:11 May 03, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 kjohnson on DSK79L0C42 with BILLS 8 •S 1252 IS and inclusion for all our employees, including members of 1 the LGBTI community.’’ 2 (b) CONGRESSIONAL APOLOGY.—Congress hereby of- 3 fers a formal apology for its responsibility in encouraging 4 the ‘‘Lavender Scare’’ and similar policies at the Depart- 5 ment of State, as these policies were in part a response 6 to congressional investigations into ‘‘sex perversion of 7 Federal employees’’, reports on the employment of ‘‘moral 8 perverts by Government Agencies’’, and hearings or pres- 9 sure otherwise placed on the Department of State through 10 the appropriations process. 11 SEC. 7. ESTABLISHMENT OF PERMANENT EXHIBIT ON THE 12 LAVENDER SCARE. 13 (a) IN GENERAL.—The Secretary of State, working 14 with the current public-private partnership associated with 15 the Department of State’s new United States Diplomacy 16 Center, shall establish a permanent exhibit on the ‘‘Lav- 17 ender Scare’’ in the museum to assure that the history 18 of this discriminatory episode is not brushed aside. 19 (b) SPECIFICATIONS.—The exhibit— 20 (1) shall be installed at the museum not later 21 than one year after the date of enactment of this 22 Act; 23 (2) should provide access to the reports com- 24 piled by the Director General of the Foreign Service 25 VerDate Sep 11 2014 23:11 May 03, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 kjohnson on DSK79L0C42 with BILLS 9 •S 1252 IS and Director of Human Resources under section 1 3(b); and 2 (3) shall readily display material gathered from 3 oral testimony received pursuant to section 5(b)(2) 4 from employees or family members of deceased em- 5 ployees who were subject to these discriminatory 6 policies during the ‘‘Lavender Scare’’. 7 SEC. 8. GUIDANCE ON ISSUING VISAS. 8 To demonstrate the Department of State’s commit- 9 ment to ensuring fairness for current employees, not later 10 than 100 days after the date of the enactment of this Act, 11 the Secretary of State shall submit to Congress a report 12 on countries not issuing spousal visas to the spouses of 13 all Foreign Service personnel posted overseas due to their 14 sexual orientation. This report shall include any comments 15 or recommendations for actions, including eliminating visa 16 reciprocity with countries found to be instituting these 17 practices against the spouses of Foreign Service personnel, 18 that will lead to ensuring that all spouses of Foreign Serv- 19 ice personnel receive spousal visas for the country their 20 spouse is assigned, regardless of sexual orientation. 21 SEC. 9. ESTABLISHMENT OF ADVANCEMENT BOARD. 22 (a) ESTABLISHMENT.—The Secretary of State shall 23 establish, within the Office of the Director General of the 24 Department of State, a board comprised of senior-level of- 25 VerDate Sep 11 2014 23:11 May 03, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1252.IS S1252 kjohnson on DSK79L0C42 with BILLS 10 •S 1252 IS ficials to address the issues faced by LGBTQI Foreign 1 Service employees and their families. 2 (b) HEARING OF TESTIMONY.—The Advancement 3 Board shall hear testimony from any willing LGBTQI 4 Foreign Service employees and their families regarding 5 any discrimination they have faced due to their sexual ori- 6 entation. 7 (c) REPORT.— 8 (1) IN GENERAL.—Not later than 100 days 9 after completing collection of testimony described 10 under subsection (b), and annually thereafter for 5 11 years, the Advancement Board shall submit to Con- 12 gress a report based on the testimony. 13 (2) CONTENT.—The report required under 14 paragraph (1) shall include any comments or rec- 15 ommendations for continued actions to improve the 16 Department of State to ensure that no employee or 17 their family members experience discrimination due 18 to their sexual orientation. 19 (3) PRIVACY.—The report required under para- 20 graph (1) shall remain private and will only be ac- 21 cessible to Members of Congress, their appropriate 22 staff, and members of the Advancement Board. 23 Æ VerDate Sep 11 2014 23:11 May 03, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S1252.IS S1252 kjohnson on DSK79L0C42 with BILLS