,,ii #aafth ,,congress #ast ,session ,s4 #abeb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #cj1 #bjai,mr4 ,menendez 7for himself1 ,mr4 ,cardin1 ,mr4 ,murphy1 ,mr4 ,udall1 ,mr4 ,markey1 ,ms4 ,baldwin1 ,mrs4 ,gillibrand1 ,mrs4 ,feinstein1 ,mr4 ,merkley1 ,mr4 ,kaine1 ,mr4 ,blumenthal1 ,mr4 ,van ,hollen1 ,mr4 ,coons1 ,mrs4 ,murray1 ,ms4 ,harris1 ,mr4 ,wyden1 ,ms4 ,klobuchar1 ,mr4 ,booker1 ,mr4 ,schatz1 and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,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 orientation of the official1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,lavender ,offense ,victim ,exoneration ,act of #bjai or the ,,love ,act of #bjai4 #b4 ,findings ,congress makes the following findings3 7#a7 ,during 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 ,director ,general review 7a7 ,review ,the ,director ,general of the ,foreign ,service and ,director of ,human ,resources of the ,department of ,state1 in consultation with the ,historian of the ,department of ,state1 shall review all employee terminations that occurred after ,january #a1 #aiej1 to determine who was wrongfully terminated owing to their sexual orientation1 whether real or perceived4 7b7 ,report ,not later than #bgj days after the date of the enactment of this ,act1 the ,director ,general shall1 consistent with applicable privacy regulations1 compile the information compiled under subsection 7a7 in a publicly available report4 ,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 orientation4 #d4 ,reports on reviews 7a7 ,reviews ,the ,secretary of ,state shall conduct reviews of the consistency and uniformity of the reviews conducted by the ,director ,general under section #c4 7b7 ,reports ,not later than #bgj days after the date of the enactment of this ,act1 and annually thereafter for #b years1 the ,secretary shall submit to ,congress a report on the reviews conducted under section #c4 ,each report shall include any comments or recommendations for continued actions4 #e4 ,establishment of reconciliation board 7a7 ,establishment ,the ,secretary of ,state shall establish1 within the ,office of ,civil ,rights of the ,department of ,state1 an independent ,reconciliation ,board to review the reports released by the ,director ,general of the ,foreign ,service and ,director of ,human ,services under section #c7;b74 7b7 ,duties ,the ,reconciliation ,board shall-- 7#a7 consistent with applicable privacy regulations1 contact all employees found to be fired due to the ,lavender ,scare or1 in the case of deceased former employees1 the family members of the employees1 to inform them that their termination from the ,department of ,state has been deemed inappropriate and that1 if they wish1 their employment record can be changed to reflect these findings2 7#b7 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 ,nation2 and 7#c7 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 orientation4 7c7 ,review of claims 7#a7 ,in general ,the ,board shall review each claim described in subsection 7b7 within #aej days of receiving the claim4 ,lack of paperwork may not be used as a basis for dismissing any claims4 7#b7 ,cooperation ,the ,department of ,state shall be responsible for producing pertinent information regarding each claim to prove the employee was not wrongfully terminated4 7d7 ,termination ,the ,board shall terminate #e years after the date of the enactment of this ,act4 #f4 ,issuance of apology 7a7 ,finding ,secretary of ,state ,kerry delivered the following apology on ,january #i1 #bjag3 8,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 ,persons48,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 today48,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 community40 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 appropriations process4 #g4 ,establishment of permanent exhibit on the ,lavender ,scare 7a7 ,in general ,the ,secretary of ,state1 working with the current public-private partnership associated with the ,department of ,state's new ,united ,states ,diplomacy ,center1 shall establish a permanent exhibit on the ,lavender ,scare in the museum to assure that the history of this discriminatory episode is not brushed aside4 7b7 ,specifications ,the exhibit-- 7#a7 shall be installed at the museum not later than one year after the date of enactment of this ,act2 7#b7 should provide access to the reports compiled by the ,director ,general of the ,foreign ,service and ,director of ,human ,resources under section #c7;b72 and 7#c7 shall readily display material gathered from oral testimony received pursuant to section #e7;b77#b7 from employees or family members of deceased employees who were subject to these discriminatory policies during the ,lavender ,scare4 #h4 ,guidance on issuing visas ,to demonstrate the ,department of ,state's commitment to ensuring fairness for current 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 ,this report shall include any comments or recommendations for actions1 including eliminating visa reciprocity with countries found to be instituting these practices against the spouses of ,foreign ,service personnel1 that will lead to ensuring that all spouses of ,foreign ,service personnel receive spousal visas for the country their spouse is assigned1 regardless of sexual orientation4 #i4 ,establishment of ,advancement ,board 7a7 ,establishment ,the ,secretary of ,state shall establish1 within the ,office of the ,director ,general of the ,department of ,state1 a board comprised of senior-level officials to address the issues faced by ,,lgbtqi ,foreign ,service employees and their families4 7b7 ,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 orientation4 7c7 ,report 7#a7 ,in general ,not later than #ajj days after completing collection of testimony described under subsection 7b71 and annually thereafter for #e years1 the ,advancement ,board shall submit to ,congress a report based on the testimony4 7#b7 ,content ,the report required under paragraph 7#a7 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 orientation4 7#c7 ,privacy ,the report required under paragraph 7#a7 shall remain private and will only be accessible to ,members of ,congress1 their appropriate staff1 and members of the ,advancement ,board4