[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3430 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3430
To promote diversity at the Department of State, to direct the
Secretary of State to review the termination characterization of former
members of the Department who were fired by reason of the sexual
orientation of the official, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 10, 2020
Mr. Menendez introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To promote diversity at the Department of State, to direct the
Secretary of State to review the termination characterization of former
members of the Department who were fired by reason of the sexual
orientation of the official, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
State Inclusivity Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 101. Definitions.
Sec. 102. Office of the Chief Diversity Officer.
Sec. 103. Collection, analysis, and dissemination of workforce data.
Sec. 104. Exit interviews for workforce.
Sec. 105. Recruitment and retention.
Sec. 106. Sense of Congress on support for equal employment opportunity
and merit principles criteria.
Sec. 107. Leadership engagement and accountability.
Sec. 108. Professional development opportunities and tools.
Sec. 109. Examination and oral assessment for the Foreign Service.
Sec. 110. Sense of Congress on veterans recruitment for the Foreign
Service.
Sec. 111. Payne fellowship authorization.
Sec. 112. Expansion of Diplomats in Residence Program.
Sec. 113. Use of gender neutral terms in employee evaluation forms.
Sec. 114. Voluntary participation.
TITLE II--LOVE ACT OF 2020
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Director General review.
Sec. 204. Reports on reviews.
Sec. 205. Establishment of Reconciliation Board.
Sec. 206. Issuance of apology.
Sec. 207. Establishment of permanent exhibit on the Lavender Scare.
Sec. 208. Guidance on issuing visas.
Sec. 209. Establishment of Advancement Board.
TITLE I--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 101. DEFINITIONS.
In this title:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job
positions among demographic categories.
(2) Demographic data.--The term ``demographic data'' means
facts or statistics relating to the demographic categories
specified in the Office of Management and Budget statistical
policy directive entitled ``Standards for Maintaining,
Collecting, and Presenting Federal Data on Race and Ethnicity''
(81 Fed. Reg. 67398).
(3) Department.--The term ``Department'' means the
Department of State.
(4) Diversity.--The term ``diversity'' means those classes
of persons protected under the Civil Rights Act of 1964 (42
U.S.C. 2000a et seq.) and the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(5) Secretary.--The term ``Secretary'' means the Secretary
of State.
(6) Workforce.--The term ``workforce'' means--
(A) individuals serving in a position in the civil
service (as defined in section 2101 of title 5, United
States Code);
(B) individuals who are members of the Foreign
Service (as defined in section 103 of the Foreign
Service Act of 1980 (22 U.S.C. 3902));
(C) all individuals serving under a personal
services agreement or personal services contract;
(D) all individuals serving under a Foreign Service
Limited appointment under section 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3949); or
(E) individuals working in the Department of State
under any other authority.
SEC. 102. OFFICE OF THE CHIEF DIVERSITY OFFICER.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Chief Diversity Officer.--
``(1) In general.--There shall be established within the
Department of State in the immediate office of the Secretary of
State an Office of the Chief Diversity Officer. The head of the
Office of the Chief Diversity Officer shall report directly to
the Secretary.
``(2) Duties.--The Office of the Chief Diversity Officer
shall--
``(A) lead the development and implementation of
proactive diversity, equity, and inclusion initiatives
in support of the Department's strategic plan to create
a culture for equity, diversity, and inclusion;
``(B) collaborate with other Department offices and
bureaus to support them in assessing potential barriers
and developing strategies to recruit and retain a
diverse workforce;
``(C) assess the Department's need for, and
recommend training initiatives on, cultural competency,
gender differences, disability, sexual harassment, and
other topics designed to increase awareness and support
of equity and inclusion values; and
``(D) ensure the Department maintains compliance
with all relevant and applicable laws and
regulations.''.
SEC. 103. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall, in consultation with the
Director of the Office of Personnel Management and the Director of the
Office of Management and Budget, submit to the appropriate
congressional committees a report, which shall also be posted on a
publicly available website of the Department in a searchable database
format, that includes disaggregated demographic data and other
information regarding the diversity of the workforce of the Department.
(b) Data.--The report under subsection (a) shall include the
following data:
(1) Demographic data on each element of the workforce of
the Department, disaggregated by rank and grade or grade-
equivalent, with respect to the following groups:
(A) Applicants for positions in the Department.
(B) Individuals hired to join the workforce.
(C) Individuals promoted during the 2-year period
ending on the date of the enactment of this Act,
including promotions to and within the Senior Executive
Service or the Senior Foreign Service.
(D) Individuals serving on applicable selection
boards.
(E) Members of any external advisory committee or
board who are subject to appointment by individuals at
senior positions in the Department.
(F) Individuals participating in professional
development programs of the Department, and the extent
to which such participants have been placed into senior
positions within the Department after such
participation.
(G) Individuals participating in mentorship or
retention programs.
(H) Individuals who separated from the agency
during the 2-year period ending on the date of the
enactment of this Act, including individuals in the
Senior Executive Service or the Senior Foreign Service.
(2) An assessment of agency compliance with the essential
elements identified in Equal Employment Opportunity Commission
Management Directive 715, effective October 1, 2003.
(3) Data on the overall number of individuals who are part
of the workforces of the Department of State overall and within
each bureau of the Department, the percentages of such
workforce corresponding to each element listed in section
101(6), and the percentages corresponding to each rank, grade,
or grade-equivalent.
(4) Data on the promotion outcomes of women and racial or
ethnic minorities in mid-career ranks of the workforce.
(5) Demographic data, disaggregated by rank and grade or
grade-equivalent, of contractors and subcontractors, as well as
the nongovernmental organizations and civil society
organizations that win bids or obtain contracts and grants and
serve as subcontractors.
(c) Recommendation.--The Secretary may include in the report under
subsection (a) a recommendation to the Director of Office of Management
and Budget and to the appropriate congressional committees regarding
whether the Department should collect more detailed data on demographic
categories in addition to the race and ethnicity categories specified
in the Office of Management and Budget statistical policy directive
entitled ``Standards for Maintaining, Collecting, and Presenting
Federal Data on Race and Ethnicity'' (81 Fed. Reg. 67398).
(d) Other Contents.--The report under subsection (a) shall also
describe the efforts of the Department--
(1) to propagate fairness, impartiality, and inclusion in
the work environment, both domestically and abroad;
(2) to enforce anti-harassment and anti-discrimination
policies;
(3) to refrain from engaging in unlawful discrimination in
any phase of the employment process, including recruitment,
hiring, evaluation, assignments, promotion, retention, and
training;
(4) to prevent retaliation against employees for
participating in a protected equal employment opportunity
activity;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities; and
(6) to recruit a representative workforce by--
(A) recruiting women and minorities;
(B) recruiting at women's colleges, historically
Black colleges and universities, minority-serving
institutions, and other institutions serving a
significant percentage of minority students;
(C) placing job advertisements in newspapers,
magazines, and job sites oriented toward women and
minorities;
(D) sponsoring and recruiting at job fairs in urban
and rural communities and land-grant colleges or
universities;
(E) providing opportunities through the Foreign
Service Internship Program under chapter 12 of the
Foreign Service Act of 1980 (22 U.S.C. 4141 et seq.)
and other hiring initiatives, including a description
of efforts to provide opportunities for paid
internships;
(F) recruiting mid-level and senior-level
professionals through programs designed to increase
minority representation in international affairs;
(G) offering the Foreign Service written and oral
assessment examinations in several locations throughout
the United States to reduce the burden of applicants
having to travel at their own expense to take either or
both such examinations; and
(H) supporting recruiting and hiring opportunities
through--
(i) the Charles B. Rangel International
Affairs Fellowship Program;
(ii) the Thomas R. Pickering Foreign
Affairs Fellowship Program;
(iii) the Donald M. Payne International
Development Fellowship Program; and
(iv) other initiatives, including agency-
wide policy initiatives.
(e) Annual Updates.--Not later than one year after the publication
of the report required under subsection (a), and annually thereafter
for five years, the Secretary shall work with the Director of the
Office of Personnel Management and the Director of the Office of
Management and Budget to provide a report to the appropriate
congressional committees, which shall be posted on the Department's
website, which may be included in another annual report required under
another provision of law, that includes--
(1) disaggregated demographic data relating to the
workforce and information on the status of diversity and
inclusion efforts of the Department;
(2) an analysis of applicant flow data; and
(3) disaggregated demographic data relating to participants
in professional development programs of the Department and the
rate of placement into senior positions for participants in
such programs.
SEC. 104. EXIT INTERVIEWS FOR WORKFORCE.
(a) Retained Members.--The Director General of the Foreign Service
and the Director of Human Resources of the Department should conduct
periodic interviews with a representative and diverse cross-section of
the workforce of the Department--
(1) to understand the reasons of individuals in such
workforce for remaining in a position in the Department; and
(2) to receive feedback on workplace policies, professional
development opportunities, and other issues affecting the
decision of individuals in the workforce to remain in the
Department.
(b) Departing Members.--The Director General of the Foreign Service
and the Director of Human Resources shall provide an opportunity for an
exit interview to each individual in the workforce of the Department
who separates from service with the Department to better understand the
reasons of such individual for leaving such service.
(c) Use of Analysis From Interviews.--The Director General of the
Foreign Service and the Director of Human Resources shall analyze
demographic data and other information obtained through interviews
under subsections (a) and (b) to determine--
(1) to what extent, if any, the diversity of those
participating in the interviews impacts the results; and
(2) whether to implement any policy changes or include any
recommendations in a report required under subsection (a) or
(e) of section 102 relating to the determination reached
pursuant to paragraph (1).
(d) Tracking Data.--The Department shall--
(1) track demographic data relating to participants in
professional development programs and the rate of placement
into senior positions for participants in such programs;
(2) annually evaluate such data--
(A) to identify ways to improve outreach and
recruitment for such programs, consistent with merit
system principles; and
(B) to understand the extent to which participation
in any professional development program offered or
sponsored by the Department differs among the
demographic categories of the workforce; and
(3) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation, in such professional
development programs.
SEC. 105. RECRUITMENT AND RETENTION.
(a) In General.--The Secretary should--
(1) continue to seek a diverse and talented pool of
applicants; and
(2) instruct the Director General of the Foreign Service
and the Director of the Bureau of Human Resources of the
Department to have a recruitment plan of action for the
recruitment of people belonging to traditionally under-
represented groups, which should include outreach at
appropriate colleges, universities, affinity groups, and
professional associations.
(b) Scope.--The diversity recruitment initiatives described in
subsection (a) should include--
(1) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of minority
students;
(2) placing job advertisements in newspapers, magazines,
and job sites oriented toward diverse groups;
(3) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(4) providing opportunities through highly respected,
international leadership programs, that focus on diversity
recruitment and retention; and
(5) cultivating partnerships with organizations dedicated
to the advancement of the profession of international affairs
and national security to advance shared diversity goals.
(c) Expand Training on Anti-Harassment and Anti-Discrimination.--
(1) In general.--The Secretary shall, through the Foreign
Service Institute and other educational and training
opportunities--
(A) expand the provision of training on workplace
rights and responsibilities to focus on anti-harassment
and anti-discrimination information and policies;
(B) expand the provision of training on workplace
rights and responsibilities to focus on implicit bias,
including training on the effects of implicit bias; and
(C) make such expanded training mandatory for--
(i) individuals in senior and supervisory
positions; and
(ii) individuals having responsibilities
related to recruitment, retention, or promotion
of employees.
(2) Best practices.--Each agency shall give special
attention to ensuring the continuous incorporation of research-
based best practices in training provided under this
subsection.
SEC. 106. SENSE OF CONGRESS ON SUPPORT FOR EQUAL EMPLOYMENT OPPORTUNITY
AND MERIT PRINCIPLES CRITERIA.
It is the sense of Congress that--
(1) the ``support for equal employment opportunity and
merit principles'' criteria for tenure and promotion in the
Foreign Service is critical to promoting a more diverse Foreign
Service; and
(2) the Department should--
(A) develop mechanisms to ensure that the Foreign
Service promotion list appropriately promotes a diverse
workforce; and
(B) establish criteria within the Foreign Service
Employee Evaluation Report that include evaluating the
support of Foreign Service officers for equal
employment opportunities.
SEC. 107. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.
(a) Reward and Recognize Efforts To Promote Diversity and
Inclusion.--
(1) In general.--The Secretary shall implement performance
and advancement requirements that reward and recognize the
efforts of individuals in senior positions and supervisors in
the Department in fostering an inclusive environment and
cultivating talent consistent with merit system principles,
such as through participation in mentoring programs or
sponsorship initiatives, recruitment events, and other similar
opportunities.
(2) Outreach events.--The Secretary shall create
opportunities for individuals in senior positions and
supervisors in the Department to participate in outreach events
and to discuss issues relating to diversity and inclusion with
the workforce on a regular basis, including with employee
resource groups.
(b) External Advisory Committees and Boards.--For each external
advisory committee or board to which individuals in senior positions in
the Department appoint members, the Secretary is strongly encouraged by
Congress to ensure such external advisory committee or board is
developed, reviewed, and carried out by qualified teams that represent
the diversity of the organization.
SEC. 108. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.
(a) Expand Provision of Professional Development and Career
Advancement Opportunities.--The Secretary is authorized to expand
professional development opportunities that support the mission needs
of the Department, such as--
(1) academic programs;
(2) private-public exchanges; and
(3) detail assignments to relevant positions in--
(A) private or international organizations;
(B) State, local, and Tribal governments;
(C) other branches of the Federal Government; or
(D) professional schools of international affairs.
(b) Training for Senior Positions.--
(1) In general.--The Secretary shall offer, or sponsor
members of the workforce to participate in, a Senior Executive
Service candidate development program or other program that
trains members on the skills required for appointment to senior
positions in the Department.
(2) Requirements.--In determining which members of the
workforce are granted professional development or career
advancement opportunities under subparagraph, the Secretary
shall--
(A) ensure any program offered or sponsored by the
Department under such subparagraph comports with the
requirements of subpart C of part 412 of title 5, Code
of Federal Regulations, or any successor thereto,
including merit staffing and assessment requirements;
(B) consider the number of expected vacancies in
senior positions as a factor in determining the number
of candidates to select for such programs;
(C) understand how participation in any program
offered or sponsored by the Department under such
subparagraph differs by gender, race, national origin,
disability status, or other demographic categories; and
(D) actively encourage participation from a range
of demographic categories, especially from categories
with consistently low participation.
SEC. 109. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN SERVICE.
(a) Sense of Congress.--It is the sense of Congress that the
Department should offer both the Foreign Service written examination
and oral assessment in more locations throughout the United States.
Doing so would ease the financial burden on potential candidates who do
not currently reside in and must travel at their own expense to one of
the few locations where these assessments are offered.
(b) Foreign Service Examinations.--Section 301(b) of the Foreign
Service Act of 1980 (22 U.S.C. 3941) is amended--
(1) by striking ``The Secretary'' and inserting: ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraphs:
``(2) The Secretary shall ensure that the Board of Examiners for
the Foreign Service annually offers the oral assessment examinations
described in paragraph (1) in cities, chosen on a rotating basis,
located in at least three different time zones across the United
States, and that such examinations give sufficient weight to diversity.
``(3) The Secretary shall consider whether participants in
Department fellowship programs should be required to take oral
examinations, and whether there is any justification for requiring
certain, but not all, fellowship participants to take such
examinations.''.
SEC. 110. SENSE OF CONGRESS ON VETERANS RECRUITMENT FOR THE FOREIGN
SERVICE.
It is the sense of Congress that the Foreign Service exam should be
offered in multiple diverse locations, at least in three different time
zones in a calendar year, to encourage more accessibility to the test,
especially for veterans and members of the United States Armed Forces
transitioning to civilian life.
SEC. 111. PAYNE FELLOWSHIP AUTHORIZATION.
(a) In General.--Undergraduate and graduate components of the
Donald M. Payne International Development Fellowship Program may
conduct outreach to attract outstanding students with an interest in
pursuing a Foreign Service career who represent diverse ethnic and
socioeconomic backgrounds.
(b) Review of Past Programs.--The Secretary shall review past
programs designed to increase minority representation in international
affairs positions.
SEC. 112. EXPANSION OF DIPLOMATS IN RESIDENCE PROGRAM.
Not later than one year after the date of the enactment of this
Act, the Secretary of State shall double the number of diplomats in the
Diplomats in Residence Program as of the date of the enactment of this
Act.
SEC. 113. USE OF GENDER NEUTRAL TERMS IN EMPLOYEE EVALUATION FORMS.
The Secretary shall develop a pilot program to use gender neutral
terms in employee evaluation forms.
SEC. 114. VOLUNTARY PARTICIPATION.
(a) In General.--Nothing in this title shall be construed so as to
compel any employee to participate in the collection of the data or
divulge any personal information. Department employees shall be
informed that their participation in the data collection contemplated
by this title is voluntary.
(b) Privacy Protection.--Any data collected under this title shall
be subject to the relevant privacy protection statutes and regulations
applicable to Federal employees.
TITLE II--LOVE ACT OF 2020
SEC. 201. SHORT TITLE.
This title may be cited as the ``Lavender Offense Victim
Exoneration Act of 2020'' or the ``LOVE Act of 2020''.
SEC. 202. FINDINGS.
Congress makes the following findings:
(1) 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.
(2) 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.
(3) 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''.
(4) 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.
(5) 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.
(6) 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''.
(7) In 1994, Secretary of State Warren Christopher issued a
prohibition against discrimination in the Department of State,
including that based on sexual orientation.
(8) In 1998, President William Jefferson Clinton signed
Executive Order 13087 barring discrimination on the basis of
sexual orientation.
(9) 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''.
SEC. 203. DIRECTOR GENERAL REVIEW.
(a) 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.
(b) 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.
SEC. 204. REPORTS ON REVIEWS.
(a) Reviews.--The Secretary of State shall conduct reviews of the
consistency and uniformity of the reviews conducted by the Director
General under section 203.
(b) 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.
SEC. 205. ESTABLISHMENT OF RECONCILIATION BOARD.
(a) 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).
(b) Duties.--The Reconciliation Board shall--
(1) consistent with applicable privacy regulations, contact
all employees found to be fired due to the ``Lavender Scare''
or, in the case of deceased former employees, the family
members of the employees, to inform them that their termination
from the Department of State has been deemed inappropriate and
that, if they wish, their employment record can be changed to
reflect these findings;
(2) 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 Nation; and
(3) 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
orientation.
(c) Review of Claims.--
(1) In general.--The Board shall review each claim
described in subsection (b) within 150 days of receiving the
claim. Lack of paperwork may not be used as a basis for
dismissing any claims.
(2) Cooperation.--The Department of State shall be
responsible for producing pertinent information regarding each
claim to prove the employee was not wrongfully terminated.
(d) Termination.--The Board shall terminate 5 years after the date
of the enactment of this Act.
SEC. 206. ISSUANCE OF APOLOGY.
(a) 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.''.
(b) 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.
SEC. 207. ESTABLISHMENT OF PERMANENT EXHIBIT ON THE LAVENDER SCARE.
(a) 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.
(b) Specifications.--The exhibit--
(1) shall be installed at the museum not later than one
year after the date of enactment of this Act;
(2) should provide access to the reports compiled by the
Director General of the Foreign Service and Director of Human
Resources under section 203(b); and
(3) shall readily display material gathered from oral
testimony received pursuant to section 205(b)(2) from employees
or family members of deceased employees who were subject to
these discriminatory policies during the ``Lavender Scare''.
SEC. 208. GUIDANCE ON ISSUING VISAS.
To demonstrate the Department of State's commitment to ensuring
fairness for current employees, not later than 100 days after the date
of the enactment of this Act, 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
orientation. This report shall include any comments or recommendations
for actions, including eliminating visa reciprocity with countries
found to be instituting these practices against the spouses of Foreign
Service personnel, that will lead to ensuring that all spouses of
Foreign Service personnel receive spousal visas for the country their
spouse is assigned, regardless of sexual orientation.
SEC. 209. ESTABLISHMENT OF ADVANCEMENT BOARD.
(a) 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.
(b) 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.
(c) Report.--
(1) In general.--Not later than 100 days after completing
collection of testimony described under subsection (b), and
annually thereafter for 5 years, the Advancement Board shall
submit to Congress a report based on the testimony.
(2) Content.--The report required under paragraph (1) 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 orientation.
(3) Privacy.--The report required under paragraph (1) shall
remain private and will only be accessible to Members of
Congress, their appropriate staff, and members of the
Advancement Board.
<all>