Sec. 5311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS
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## SEC. 5311 EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS ###
(a)Sense of Congress It is the sense of Congress that the Department should expand the appeal process it makes available to employees related to assignment preclusions and restrictions. ###
(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. AnyDeadline. such appeal shall be resolved not later than 60 days after such appeal is filed.”. ###
(c)Notice and Certification **[**[22 U.S.C. 2734c note](/us/usc/t22/s2734c)**]** 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. ###
(d)Annual Report **[**[22 U.S.C. 2734e](/us/usc/t22/s2734e)**]** Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that contains the following: ####
(1)A rationale for the use of assignment restrictions by the Department of State, including specific case studies related to cleared United States Foreign Service and civil service employees of the Department that demonstrate country-specific restrictions serve a counterintelligence role beyond that which is already covered by the security clearance process. ####
(2)The number of such Department employees subject to assignment restrictions over the previous year, with data disaggregated by— #####
(A)identification as a Foreign Service officer, civil service employee, eligible family member, or other employment status; #####
(B)the ethnicity, national origin, and race of the precluded employee; #####
(C)gender; and #####
(D)the country of restriction. ####
(3)A description of the considerations and criteria used by the Bureau of Diplomatic Security to determine whether an assignment restriction is warranted. ####
(4)The number of restrictions that were appealed and the success rate of such appeals. ####
(5)The impact of assignment restrictions in terms of unused language skills as measured by Foreign Service Institute language scores of such precluded employees. ####
(6)Measures taken to ensure the diversity of adjudicators and contracted investigators, with accompanying data on results.
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