22 U.S.C. § 2734c — Employee assignment restrictions
submitted 10 years ago by Pub. L. 114-323 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 185 words · no verdicts yet
The Secretary must give employees an appeal process for assignment restrictions or preclusions with the same appeal rights used for security-clearance denials or revocations. Appeals must be decided within 60 days, and implementation must be reported and published.
(a) The Secretary must establish and maintain a right and process for employees to appeal assignment decisions based on a restriction, review, or preclusion. The process must provide the same appeal rights the Department gives for denying or revoking a security clearance, and each appeal must be resolved within 60 days after filing. (b) After fully implementing the process, the Secretary must report to the appropriate congressional committee, certifying implementation, describing the process, and stating the number and nature of assignment restrictions and preclusions during the prior three years. (c) The Secretary must publish information about the right and process in the Foreign Affairs Manual and refer to that publication in the report.
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.
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.
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).
Source credit: (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.)
- 2016Enacted · Pub. L. 114-323 · 130 Stat. 1932
- 2021Amended · Pub. L. 117-81 · 135 Stat. 2364
- 2023Amended · Pub. L. 118-31 · 137 Stat. 970
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-323 on 2016-12-16.
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