,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hhji ,,in ,,the ,,house ,,of ,,representatives ,november #bd1 #bjbj,mr4 ,castro of ,texas 7for himself1 ,mr4 ,cicilline1 ,mr4 ,mc,govern1 ,mr4 ,lowenthal1 ,ms4 ,norton1 ,ms4 ,haaland1 ,mr4 ,carson of ,indiana1 and ,mr4 ,sherman7 introduced the following bill2 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 employees1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,lavender ,offense ,victim ,exoneration ,act of #bjbj or the ,,love ,act of #bjbj4 #b4 ,findings ,congress makes the following findings3 7#a7 ,as a consequence of the so-called ,lavender ,scare1 at least #a1jjj people were wrongfully dismissed from the ,department of ,state for alleged homosexuality during the #aiejs and well into the #aifjs4 7#b7 ,according to the ,department of ,state's ,bureau of ,diplomatic ,security1 ,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 risks4 7#c7 ,in addition to those wrongfully terminated1 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 who1 according to the findings of the ,bureau of ,diplomatic ,security1 seemed like they might be gay or lesbian4 7#d7 ,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 employees1 reports on the employment of moral perverts by ,government ,agencies1 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 blackmail4 7#e7 ,between #aiej and #aifi1 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 ,appropriations4 7#f7 ,although the worst effects of the ,lavender ,scare are behind us1 as recently as the early #aiijs1 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 risks4 7#g7 ,in #aiid1 ,secretary of ,state ,warren ,christopher issued a prohibition against discrimination in the ,department of ,state1 including that based on sexual orientation4 7#h7 ,in #aiih1 ,president ,william ,jefferson ,clinton signed ,executive ,order #acjhg barring discrimination on the basis of sexual orientation4 7#i7 ,on ,january #i1 #bjag1 ,secretary of ,state ,john ,kerry issued a statement regarding the ,lavender ,scare1 saying1 ,on behalf of the ,department1 ,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 employees1 including members of the ,,lgbti community44 #c4 ,secretary of ,state review 7a7 ,review ,the ,secretary of ,state shall-- 7#a7 review all ,department of ,state terminations of employees of the ,department that occurred as a consequence of the ,lavender ,scare2 and 7#b7 identify all such former employees4 7b7 ,report ,not later than #bgj days after the date of the enactment of this ,act1 the ,secretary of ,state shall1 consistent with applicable privacy regulations1 compile in a publicly available report the information reviewed under subsection 7a74 ,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 ,scare4 #d4 ,establishment of ,reconciliation ,board 7a7 ,establishment ,the ,secretary of ,state shall establish an independent ,reconciliation ,board 7in this section referred to as the ,board7 to review the cases of employees of the ,department of ,state identified pursuant to section #c7;a71 as well as employees of the ,department who suffered discrimination as a consequence of the ,lavender ,scare1 and correct the records of such terminated employees4 7b7 ,composition of board ,the ,board shall be composed of the following3 7#a7 ,a ,chair1 as selected by the ,secretary of ,state4 7#b7 ,the ,director ,general of the ,foreign ,service4 7#c7 ,the ,director of ,human ,resources of the ,department of ,state4 7#d7 ,the ,director of the ,office of the ,historian of the ,department4 7#e7 ,the ,director of the ,office of ,civil ,rights of the ,department4 7#f7 ,an individual to represent the current employees of the ,department who are members of the ,,lgbtq community4 7#g7 ,other individuals1 as determined by the ,secretary of ,state4 7c7 ,staff ,the ,secretary of ,state shall assign additional employees of the ,department of ,state to serve as staff to support the activities of the ,board4 7d7 ,duties ,the ,board shall-- 7#a7 consistent with applicable privacy regulations1 contact all individuals whose employment with the ,department of ,state was terminated as a result of their sexual orientation1 whether real or perceived1 as a consequence of the ,lavender ,scare or1 in the case of deceased former employees1 the appropriate family members of such employees1 to inform such employees or family members that the termination of such employees has been determined to be inappropriate and that1 if desired1 the employment records of such employees can be changed to reflect such determination2 7#b7 receive oral testimony and written evidence of any ,department employees or appropriate family members of deceased employees identified in the report required under section #c 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 ,nation2 and 7#c7 provide an opportunity for any former ,department employee not identified in such report1 or their appropriate family member1 to petition the ,board to identify additional individuals whose employment was terminated or who suffered discrimination as a result of their sexual orientation1 whether real or perceived1 as a consequence of the ,lavender ,scare4 7e7 ,review of claims 7#a7 ,in general ,not later than #aej days after receiving a petition under subsection 7d77#c71 the ,board shall-- 7,a7 review such petition2 and 7,b7 in accordance with paragraph 7#b71 make a determination regarding whether the employment termination of the individual who is the subject of such petition was a result of their sexual orientation1 whether real or perceived1 as a consequence of the ,lavender ,scare4 7#b7 ,testimony and evidence ,in making determinations under paragraph 7#a77;,b71 the ,board shall consider all testimony and evidence under subsection 7d7 and any pertinent information under paragraph 7#c74 7#c7 ,cooperation ,in response to a petition under subsection 7d77#c71 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 ,scare4 7f7 ,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 orientation1 whether real or perceived1 as a consequence of the ,lavender ,scare1 based on the report under section #c7;a7 and the ,board's determinations made pursuant to subsection 7e77#a77;,b71 to reflect the inappropriate nature of such terminations4 7g7 ,termination ,the ,board shall terminate on the date that is five years after the date of the establishment of the ,board4 7h7 ,definition ,in this section1 the term appropriate family member means any spouse1 descendent1 parent1 grandparent1 sibling1 legal guardian1 or partner as determined by the ,board1 and the descendants of any such partner4 #e4 ,issuance of apology 7a7 ,finding ,secretary of ,state ,kerry delivered the following apology on ,january #i1 #bjag3 ,throughout my career1 including as ,secretary of ,state1 ,i have stood strongly in support of the ,,lgbti community1 recognizing that respect for human rights must include respect for all individuals4 ,,lgbti employees serve as proud members of the ,state ,department and valued colleagues dedicated to the service of our country4 ,for the last several years1 the ,department has pressed for the families of ,,lgbti officers to have the same protections overseas as families of other officers4 ,in #bjae1 to further promote ,,lgbti rights throughout the world1 ,i appointed the first ever ,special ,envoy for the ,human ,rights of ,,lgbti ,persons4 ,in the past--as far back as the #aidjs1 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 orientation1 forcing some employees to resign or refusing to hire certain applicants in the first place4 ,these actions were wrong then1 just as they would be wrong today4 ,on behalf of the ,department1 ,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 employees1 including members of the ,,lgbti community44 7b7 ,congressional apology ,congress hereby offers a formal apology for its responsibility in encouraging the ,lavender ,scare and similar policies at the ,department of ,state1 as these policies were in part a response to congressional investigations into sex perversion of ,federal employees1 reports on the employment of moral perverts by ,government ,agencies1 and hearings or pressure otherwise placed on the ,department of ,state through the legislative process4 #f4 ,establishment of permanent exhibit on the ,lavender ,scare 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,state1 working in coordination with the current public-private partnership associated with the ,department of ,state's ,national ,museum of ,american ,diplomacy1 shall establish in the ,museum a permanent exhibit on the ,lavender ,scare4 7b7 ,specifications ,the exhibit established under subsection 7a7-- 7#a7 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 #c7;b72 and 7#b7 shall readily display material gathered from oral testimony received pursuant to section #d7;e77#b74 #g4 ,guidance on issuing visas ,to demonstrate the ,department of ,state's commitment to ensuring fairness for current ,department employees1 not later than #ajj days after the date of the enactment of this ,act1 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 orientation4 ,such report shall include any comments or recommendations for actions1 including eliminating visa reciprocity with countries determined to be instituting such practices1 that will lead to ensuring that all spouses of ,foreign ,service personnel receive spousal visas for the country to which their spouse is assigned1 regardless of sexual orientation4 #h4 ,establishment of advancement board 7a7 ,establishment ,the ,secretary of ,state shall establish1 within the ,office of the ,director ,general of the ,department of ,state1 an ,advancement ,board comprised of senior-level officials to address issues faced by ,,lgbtqi ,foreign ,service personnel and their families4 7b7 ,hearing of testimony ,the ,advancement ,board established under subsection 7a7 shall hear testimony from any willing ,,lgbtqi ,foreign ,service personnel and their families regarding any discrimination they have faced due to their sexual orientation4 7c7 ,report 7#a7 ,in general ,not later than #ajj days after completing the collection of testimony under subsection 7b7 and annually thereafter for five years1 the ,advancement ,board shall submit to ,congress a report based on such testimony4 7#b7 ,content ,each report required under paragraph 7#a7 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 employee4 7#c7 ,privacy ,each report required under paragraph 7#a7 shall remain private and shall be accessible to only ,members of ,congress1 their appropriate staff1 and members of the ,advancement ,board4 #i4 ,definitions ,in this ,act1 the term ,lavender ,scare means any policy or action implemented by the ,department of ,state between ,january #a1 #aiej1 and ,january #a1 #aiid1 whether formal or informal1 that led to the termination of ,department employees or perpetuated discrimination against any such employees on the basis of sexual orientation1 whether real or perceived4