Title II — Love Act of 2020

During 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.

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.

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”.

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.

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.

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”.

In 1994, Secretary of State Warren Christopher issued a prohibition against discrimination in the Department of State, including that based on sexual orientation.

In 1998, President William Jefferson Clinton signed Executive Order 13087 barring discrimination on the basis of sexual orientation.

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”.

Review— The Director General of the Foreign Service and Director of Human Resources of the Department of State, in consultation with the Historian of the Department of State, shall review all employee terminations that occurred after January 1, 1950, to determine who was wrongfully terminated owing to their sexual orientation, whether real or perceived.

Report— Not later than 270 days after the date of the enactment of this Act, the Director General shall, consistent with applicable privacy regulations, compile the information compiled under subsection (a) in a publicly available report. 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 orientation.

Reviews— The Secretary of State shall conduct reviews of the consistency and uniformity of the reviews conducted by the Director General under section 203.

Reports— Not later than 270 days after the date of the enactment of this Act, and annually thereafter for 2 years, the Secretary shall submit to Congress a report on the reviews conducted under section 203. Each report shall include any comments or recommendations for continued actions.

Establishment— The Secretary of State shall establish, within the Office of Civil Rights of the Department of State, an independent Reconciliation Board to review the reports released by the Director General of the Foreign Service and Director of Human Services under section 203(b).

Duties— The Reconciliation Board shall—

Termination— The Board shall terminate 5 years after the date of the enactment of this Act.

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.”.

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 appropriations process.

In general— The Secretary of State, working with the current public-private partnership associated with the Department of State's new United States Diplomacy Center, shall establish a permanent exhibit on the “Lavender Scare” in the museum to assure that the history of this discriminatory episode is not brushed aside.

Specifications— The exhibit—

Establishment— The Secretary of State shall establish, within the Office of the Director General of the Department of State, a board comprised of senior-level officials to address the issues faced by LGBTQI Foreign Service employees and their families.

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 orientation.