Text of US HB 8072 (2022)

I 117TH CONGRESS 2D SESSION H. R. 8072 To review the termination characterization of former employees of the Depart- ment 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 employ- ees 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 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 2022’’ or the ‘‘LOVE Act of 5 2022’’. 6 SEC. 2. FINDINGS. 7 Congress makes the following findings: 8 VerDate Sep 11 2014 00:27 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8072.IH H8072 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8072 IH (1) As a consequence of the so-called ‘‘Lavender 1 Scare’’, at least 1,000 people were wrongfully dis- 2 missed from the Department of State for alleged ho- 3 mosexuality during the 1950s and well into the 4 1960s. 5 (2) According to the Department of State’s Bu- 6 reau of Diplomatic Security, Department of State 7 employees were forced out of the Department on the 8 grounds that their sexual orientation ostensibly ren- 9 dered them vulnerable to blackmail and made them 10 security risks. 11 (3) In addition to those wrongfully terminated, 12 many other patriotic Americans were prevented from 13 joining the Department due to a screening process 14 that was put in place to prevent the hiring of those 15 who, according to the findings of the Bureau of Dip- 16 lomatic Security, ‘‘seemed like they might be gay or 17 lesbian’’. 18 (4) Congress bears a special measure of respon- 19 sibility for these discriminatory actions as the De- 20 partment’s actions were in part in response to con- 21 gressional investigations into ‘‘sex perversion of Fed- 22 eral employees’’, reports on the employment of 23 ‘‘moral perverts by Government Agencies’’, hearings 24 and pressure placed on the Department through the 25 VerDate Sep 11 2014 00:27 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8072.IH H8072 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 8072 IH 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 00:27 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8072.IH H8072 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 8072 IH 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. SECRETARY OF STATE REVIEW. 5 (a) REVIEW.—The Secretary of State shall— 6 (1) review all Department of State terminations 7 of employees of the Department that occurred as a 8 consequence of the Lavender Scare; and 9 (2) identify all such former employees. 10 (b) REPORT.—Not later than 270 days after the date 11 of the enactment of this Act, the Secretary of State shall, 12 consistent with applicable privacy regulations, compile in 13 a publicly available report the information reviewed under 14 subsection (a). Such report shall include historical state- 15 ments made by officials of the Department of State and 16 Members of Congress that announced or described policies 17 and actions that were part of the Lavender Scare. 18 SEC. 4. ESTABLISHMENT OF RECONCILIATION BOARD. 19 (a) ESTABLISHMENT.—The Secretary of State shall 20 establish an independent Reconciliation Board (in this sec- 21 tion referred to as the ‘‘Board’’) to review the cases of 22 employees of the Department of State identified pursuant 23 to section 3(a), as well as employees of the Department 24 who suffered discrimination as a consequence of the Lav- 25 VerDate Sep 11 2014 00:27 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8072.IH H8072 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 8072 IH ender Scare, and correct the records of such terminated 1 employees. 2 (b) COMPOSITION OF BOARD.—The Board shall be 3 composed of the following: 4 (1) A Chair, as selected by the Secretary of 5 State. 6 (2) The Director General of the Foreign Serv- 7 ice. 8 (3) The Director of Human Resources of the 9 Department of State. 10 (4) The Director of the Office of the Historian 11 of the Department. 12 (5) The Director of the Office of Civil Rights 13 of the Department. 14 (6) An individual to represent the current em- 15 ployees of the Department who are members of the 16 LGBTQ community. 17 (7) Other individuals, as determined by the Sec- 18 retary of State. 19 (c) STAFF.—The Secretary of State shall assign addi- 20 tional employees of the Department of State to serve as 21 staff to support the activities of the Board. 22 (d) DUTIES.—The Board shall— 23 (1) consistent with applicable privacy regula- 24 tions, contact all individuals whose employment with 25 VerDate Sep 11 2014 00:27 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8072.IH H8072 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 8072 IH the Department of State was terminated as a result 1 of their sexual orientation, whether real or perceived, 2 as a consequence of the Lavender Scare or, in the 3 case of deceased former employees, the appropriate 4 family members of such employees, to inform such 5 employees or family members that the termination of 6 such employees has been determined to be inappro- 7 priate and that, if desired, the employment records 8 of such employees can be changed to reflect such de- 9 termination; 10 (2) receive oral testimony and written evidence 11 of any Department employees or appropriate family 12 members of deceased employees identified in the re- 13 port required under section 3 in order that such tes- 14 timony and evidence may serve as an official record 15 of such actions and the impact of such actions on 16 the lives of United States citizens serving their Na- 17 tion; and 18 (3) provide an opportunity for any former De- 19 partment employee not identified in such report, or 20 their appropriate family member, to petition the 21 Board to identify additional individuals whose em- 22 ployment was terminated or who suffered discrimi- 23 nation as a result of their sexual orientation, wheth- 24 VerDate Sep 11 2014 00:27 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8072.IH H8072 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 8072 IH er real or perceived, as a consequence of the Lav- 1 ender Scare. 2 (e) REVIEW OF CLAIMS.— 3 (1) IN GENERAL.—Not later than 150 days 4 after receiving a petition under subsection (d)(3), 5 the Board shall— 6 (A) review such petition; and 7 (B) in accordance with paragraph (2), 8 make a determination regarding whether the 9 employment termination of the individual who 10 is the subject of such petition was a result of 11 their sexual orientation, whether real or per- 12 ceived, as a consequence of the Lavender Scare. 13 (2) TESTIMONY AND EVIDENCE.—In making 14 determinations under paragraph (1)(B), the Board 15 shall consider all testimony and evidence under sub- 16 section (d) and any pertinent information under 17 paragraph (3). 18 (3) COOPERATION.—In response to a petition 19 under subsection (d)(3), the Secretary of State shall 20 produce pertinent information to rebut an assertion 21 contained in such petition that an employee of the 22 Department was terminated as a consequence of the 23 Lavender Scare. 24 VerDate Sep 11 2014 00:27 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8072.IH H8072 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 8072 IH (f) ADJUSTMENT OF EMPLOYEE RECORDS.—The 1 Secretary of State shall adjust all employee records for 2 individuals whose employment was terminated as a result 3 of their sexual orientation, whether real or perceived, as 4 a consequence of the Lavender Scare, based on the report 5 under section 3(a) and the Board’s determinations made 6 pursuant to subsection (e)(1)(B), to reflect the inappro- 7 priate nature of such terminations. 8 (g) TERMINATION.—The Board shall terminate on 9 the date that is five years after the date of the establish- 10 ment of the Board. 11 (h) DEFINITION.—In this section, the term ‘‘appro- 12 priate family member’’ means any spouse, descendent, 13 parent, grandparent, sibling, legal guardian, or partner as 14 determined by the Board, and the descendants of any such 15 partner. 16 SEC. 5. ISSUANCE OF APOLOGY. 17 (a) FINDING.—Secretary of State Kerry delivered the 18 following apology on January 9, 2017: ‘‘Throughout my 19 career, including as Secretary of State, I have stood 20 strongly in support of the LGBTI community, recognizing 21 that respect for human rights must include respect for all 22 individuals. LGBTI employees serve as proud members of 23 the State Department and valued colleagues dedicated to 24 the service of our country. For the last several years, the 25 VerDate Sep 11 2014 00:27 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8072.IH H8072 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 8072 IH Department has pressed for the families of LGBTI offi- 1 cers to have the same protections overseas as families of 2 other officers. In 2015, to further promote LGBTI rights 3 throughout the world, I appointed the first ever Special 4 Envoy for the Human Rights of LGBTI Persons. In the 5 past—as far back as the 1940s, but continuing for dec- 6 ades—the Department of State was among many public 7 and private employers that discriminated against employ- 8 ees and job applicants on the basis of perceived sexual ori- 9 entation, forcing some employees to resign or refusing to 10 hire certain applicants in the first place. These actions 11 were wrong then, just as they would be wrong today. On 12 behalf of the Department, I apologize to those who were 13 impacted by the practices of the past and reaffirm the De- 14 partment’s steadfast commitment to diversity and inclu- 15 sion for all our employees, including members of the 16 LGBTI community.’’. 17 (b) CONGRESSIONAL APOLOGY.—Congress hereby of- 18 fers a formal apology for its responsibility in encouraging 19 the Lavender Scare and similar policies at the Department 20 of State, as these policies were in part a response to con- 21 gressional investigations into ‘‘sex perversion of Federal 22 employees’’, reports on the employment of ‘‘moral perverts 23 by Government Agencies’’, and hearings or pressure other- 24 VerDate Sep 11 2014 00:27 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8072.IH H8072 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 8072 IH wise placed on the Department of State through the legis- 1 lative process. 2 SEC. 6. ESTABLISHMENT OF PERMANENT EXHIBIT ON THE 3 LAVENDER SCARE. 4 (a) IN GENERAL.—Not later than one year after the 5 date of the enactment of this Act, the Secretary of State, 6 working in coordination with the current public-private 7 partnership associated with the Department of State’s Na- 8 tional Museum of American Diplomacy, shall establish in 9 the Museum a permanent exhibit on the Lavender Scare. 10 (b) SPECIFICATIONS.—The exhibit established under 11 subsection (a)— 12 (1) should provide access to the reports com- 13 piled by the Director General of the Foreign Service 14 and Director of Human Resources of the Depart- 15 ment of State under section 3(b); and 16 (2) shall readily display material gathered from 17 oral testimony received pursuant to section 4(e)(2). 18 SEC. 7. GUIDANCE ON ISSUING VISAS. 19 To demonstrate the Department of State’s commit- 20 ment to ensuring fairness for current Department employ- 21 ees, not later than 100 days after the date of the enact- 22 ment of this Act, the Secretary of State shall submit to 23 Congress a report on countries not issuing spousal visas 24 to the spouses of all Foreign Service personnel posted 25 VerDate Sep 11 2014 00:27 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8072.IH H8072 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 8072 IH overseas due to their sexual orientation, gender identity, 1 or sex characteristics. Such report shall include any com- 2 ments or recommendations for actions, including elimi- 3 nating visa reciprocity with countries determined to be in- 4 stituting such practices, that will lead to ensuring that all 5 spouses of Foreign Service personnel receive spousal visas 6 for the country to which their spouse is assigned, regard- 7 less of sexual orientation, gender identity, or sex charac- 8 teristics. 9 SEC. 8. ESTABLISHMENT OF ADVANCEMENT BOARD. 10 (a) ESTABLISHMENT.—The Secretary of State shall 11 establish, within the Office of the Director General of the 12 Department of State, an Advancement Board comprised 13 of senior-level officials to address issues faced by LGBTQI 14 Foreign Service personnel and their families. 15 (b) HEARING OF TESTIMONY.—The Advancement 16 Board established under subsection (a) shall hear testi- 17 mony from any willing LGBTQI Foreign Service per- 18 sonnel and their families regarding any discrimination 19 they have faced due to their sexual orientation, gender 20 identity, or sex characteristics. 21 (c) REPORT.— 22 (1) IN GENERAL.—Not later than 100 days 23 after completing the collection of testimony under 24 subsection (b) and annually thereafter for five years, 25 VerDate Sep 11 2014 00:27 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8072.IH H8072 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 8072 IH the Advancement Board shall submit to Congress a 1 report based on such testimony. 2 (2) CONTENT.—Each report required under 3 paragraph (1) shall include any comments or rec- 4 ommendations included in the testimony referred to 5 in such paragraph for continued actions to improve 6 the Department of State to ensure that no Depart- 7 ment employee or family member experiences dis- 8 crimination due to the sexual orientation, gender 9 identity, or sex characteristics of such employee. 10 (3) PRIVACY.—Each report required under 11 paragraph (1) shall remain private and shall be ac- 12 cessible to only Members of Congress, their appro- 13 priate staff, and members of the Advancement 14 Board. 15 SEC. 9. DEFINITIONS. 16 In this Act: 17 (1) GENDER IDENTITY.—The term ‘‘gender 18 identity’’ means the gender-related identity, appear- 19 ance, mannerisms, or other gender-related character- 20 istics of an individual, regardless of the individual’s 21 designated sex at birth. 22 (2) LAVENDER SCARE.—The term ‘‘Lavender 23 Scare’’ means any policy or action implemented by 24 the Department of State between January 1, 1950, 25 VerDate Sep 11 2014 00:27 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H8072.IH H8072 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 8072 IH and January 1, 1994, whether formal or informal, 1 that led to the termination of Department employees 2 or perpetuated discrimination against any such em- 3 ployees on the basis of sexual orientation, whether 4 real or perceived. 5 (3) LGBTQI.—The term ‘‘LGBTQI’’ means 6 lesbian, gay, bisexual, transgender, queer, or 7 intersex. 8 (4) SEXUAL ORIENTATION.—The term ‘‘sexual 9 orientation’’ means actual or perceived homosex- 10 uality, heterosexuality, or bisexuality. 11 Æ VerDate Sep 11 2014 00:27 Jun 18, 2022 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6301 E:\BILLS\H8072.IH H8072 kjohnson on DSK79L0C42PROD with BILLS