§ 2734c. Employee assignment restrictions

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(a)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.

(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 1 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).

(Pub. L. 114–323, title IV, § 414, Dec. 16, 2016, 130 Stat. 1932; Pub. L. 117–81, div. E, title LIII, § 5311(b), Dec. 27, 2021, 135 Stat. 2364; Pub. L. 118–31, div. F, title LXI, § 6115(f), Dec. 22, 2023, 137 Stat. 970.)

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