Title 22 — Foreign Relations and Intercourse
Chapter 38 — Department of State
§ 2734c. Employee assignment restrictions
Statutory text
Appeal of assignment restriction
The Secretary shall establish and maintain a right and process for employees to appeal a decision related to an assignment, based on a restriction, review, or preclusion. Such right and process shall ensure that any such employee shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. Any such appeal shall be resolved not later than 60 days after such appeal is filed.
Certification
Upon full implementation of a right and process for employees to appeal an assignment restriction or preclusion under subsection (a), the Secretary shall submit to the appropriate congressional committee 1 a report that—
certifies that such process has been fully implemented;
includes a detailed description of such process; and
details the number and nature of assignment restrictions and preclusions for the previous 3 years.
Notice
The Secretary shall—
publish in the Foreign Affairs Manual information relating to the right and process established pursuant to subsection (a); and
include a reference to such publication in the report required under subsection (b).
Footnotes
- 1 So in original. Probably should be “committees”.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Department of State Authorities Act, Fiscal Year 2017
Pub. L. 114–323 title IV § 414 · 130 Stat. 1905
Enacted · 22 U.S.C. § 2734c
Pub. L. 114–323, title IV, § 414, Dec. 16, 2016, 130 Stat. 1932
Source evidence
Code source credit
Pub. L. 114–323, title IV, § 414, Dec. 16, 2016, 130 Stat. 1932Enacted provision · exact public law section
SEC. 414. EMPLOYEE ASSIGNMENT RESTRICTIONS. (a) Appeal of Assignment Restriction.— The Secretary shall establish a right and process for employees to appeal any assignment restriction or preclusion. (b) Certification.— Upon full implementation of a right and process for employees to appeal an assignment restriction or preclusion under subsection (a), the Secretary shall submit to the appropriate congressional committee a report that— (1) certifies that such process has been fully implemented; (2) includes a detailed description of such process; and (3) details the number and nature of assignment restrictions and preclusions for the previous 3 years. (c) Notice.— The Secretary shall— (1) publish in the Foreign Affairs Manual information relating to the right and process established pursuant to subsection (a); and (2) include a reference to such publication in the report required under subsection (b). (d) Prohibiting Discrimination.— Paragraph (2) of section 502(a) of the Foreign Service Act of 1980 (22 U.S.C. 3982(a)) is amended— (1) by inserting “or prohibited from being assigned to” after “assigned to”; and (2) by striking “exclusively”.Department of State Authorization Act of 2021
Pub. L. 117–81 div. E title LIII § 5311(b) · 135 Stat. 1541
Inserted · 22 U.S.C. § 2734c(a)
Pub. L. 117–81 inserted at end “Such right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. Any such appeal shall be resolved not later than 60 days after such appeal is filed.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 117–81 inserted at end “Such right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. Any such appeal shall be resolved not later than 60 days after such appeal is filed.”Enacted provision · exact public law section
(b) Appeal of Assignment Restriction or Preclusion.— Subsection (a) of section 414 of the Department of State Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) is amended by adding at the end the following new sentences: “Such right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. Any Deadline. such appeal shall be resolved not later than 60 days after such appeal is filed.”.Department of State Authorization Act of 2023
Pub. L. 118–31 div. F title LXI § 6115(f) · 137 Stat. 136
Substituted · 22 U.S.C. § 2734c(a)
Pub. L. 118–31 substituted “The Secretary shall establish and maintain a right and process for employees to appeal a decision related to an assignment, based on a restriction, review, or preclusion. Such right and process shall ensure that any such employee shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance.” for “The Secretary shall establish a right and process for employees to appeal any assignment restriction or preclusion. Such right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 118–31 substituted “The Secretary shall establish and maintain a right and process for employees to appeal a decision related to an assignment, based on a restriction, review, or preclusion. Such right and process shall ensure that any such employee shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance.” for “The Secretary shall establish a right and process for employees to appeal any assignment restriction or preclusion. Such right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance.”Enacted provision · exact public law section
(f) Appeal Rights.— Section 414(a) of the Department of State Authorities Act, Fiscal Year 2017 (22 U.S.C. 2734c(a)) is amended by striking the first two sentences and inserting “The Secretary shall establish and maintain a right and process for employees to appeal a decision related to an assignment, based on a restriction, review, or preclusion. Such right and process shall ensure that any such employee shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance.”.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Codification
Section is comprised of section 414 of Pub. L. 114–323. Subsec. (d) of section 414 of Pub. L. 114–323 amended section 3982 of this title.
Amendments2021–2023 · 2 rounds
2023
Subsec. (a). Pub. L. 118–31 substituted “The Secretary shall establish and maintain a right and process for employees to appeal a decision related to an assignment, based on a restriction, review, or preclusion. Such right and process shall ensure that any such employee shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance.” for “The Secretary shall establish a right and process for employees to appeal any assignment restriction or preclusion. Such right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance.”
2021
Subsec. (a). Pub. L. 117–81 inserted at end “Such right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. Any such appeal shall be resolved not later than 60 days after such appeal is filed.”
Statutory Notes and Related Subsidiaries
Notice and Certification
Pub. L. 117–81, div. E, title LIII, § 5311(c), , 135 Stat. 2364, provided that: “Not later than 90 days after the date of the enactment of this Act [], the Secretary shall revise, and certify to the appropriate congressional committees regarding such revision, the Foreign Affairs Manual guidance regarding denial or revocation of a security clearance to expressly state that all review and appeal rights relating thereto shall also apply to any recommendation or decision to impose an assignment restriction or preclusion to an employee.”
[For definitions of “Secretary” and “appropriate congressional committees” as used in section 5311(c) of Pub. L. 117–81, set out above, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title.]
Definitions
For definitions of “Secretary”, “Department”, and “appropriate congressional committee[s]” as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.