22 U.S.C. § 2734h — Increased accountability in assignment restrictions and reviews
submitted 3 years ago by Pub. L. 118-31 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 535 words · no verdicts yet
Congress states that assignment restrictions can harm the Department’s use of cultural and language skills and should be continually reviewed. The section requires status notices, review deadlines, appeals, designated contacts, a specified appeal panel, and updates to the Foreign Affairs Manual.
(a) Congress states that assignment restrictions may undermine use of cultural and language skills if not used carefully, and that the Department should continually evaluate assignment restrictions, reviews, and preclusions. (b) Beginning within 90 days after December 22, 2023, the Secretary must give status updates to personnel who had a prior restriction, review, or preclusion before that date and have a pending assignment review or decision, and continually update personnel whose restriction or review has been pending more than 30 days. (c) Each notice must say whether a prior restriction was lifted, whether review continues and its estimated completion date, and whether other restrictions affect service at overseas posts. (d) The Department must set a reasonable completion time and decision-notice deadline for reviews. A Security Appeal Panel must meet within 120 days after an appeal by personnel found ineligible because of a restriction or review. The Department must describe the review process and critical human-intelligence-threat posts in new-officer entry-level-bidding briefings, and designate Diplomatic Security and Global Talent Management contacts for questions. (e) Within 90 days after December 22, 2023, the Panel must include the head of a human-resources or discrimination office reporting directly to the Secretary; the Principal Deputy Assistant Secretaries for Global Talent Management and Intelligence and Research; an Assistant Secretary, Deputy, or equivalent from a third bureau designated by the Under Secretary for Management; a representative of the relevant geographic bureau; and nonvoting advisers from the Legal Adviser’s Office and Diplomatic Security. (f) Omitted. (g) Within 120 days after December 22, 2023, the Secretary must amend relevant Foreign Affairs Manual provisions and related Department policies to comply with this section.
It is the sense of Congress that—
the use of policies to restrict personnel from serving in certain assignments may undermine the Department’s ability to deploy relevant cultural and linguistic skills at diplomatic posts abroad if not applied judiciously; and
the Department should continuously evaluate all processes relating to assignment restrictions, assignment reviews, and preclusions at the Department.
Beginning not later than 90 days after December 22, 2023, the Secretary shall—
provide a status update for all Department personnel who, prior to December 22, 2023, were subject to a prior assignment restriction, assignment review, or preclusion for whom a review or decision related to assignment is pending; and
on an ongoing basis, provide a status update for any Department personnel who has been the subject of a pending assignment restriction or pending assignment review for more than 30 days.
The notification required under subsection (b) shall inform relevant personnel, as of the date of the notification—
whether any prior assignment restriction has been lifted;
if their assignment status is subject to ongoing review, and an estimated date for completion; and
if they are subject to any other restrictions on their ability to serve at posts abroad.
The Department shall establish a reasonable time limit for the Department to complete an assignment review and establish a deadline by which it must inform personnel of a decision related to such a review.
For any personnel the Department determines are ineligible to serve in an assignment due to an assignment restriction or assignment review, a Security Appeal Panel shall convene not later than 120 days of an appeal being filed.
The Department shall include a description of the assignment review process and critical human intelligence threat posts in a briefing to new officers as part of their entry-level bidding process.
The Department shall designate points of contact in the Bureau of Diplomatic Security and Bureau of Global Talent Management to answer employee and Career Development Officer questions about assignment restrictions, assignment reviews, and preclusions.
Not later than 90 days after December 22, 2023, the Security Appeal Panel shall be comprised of—
the head of an office responsible for human resources or discrimination who reports directly to the Secretary;
the Principal Deputy Assistant Secretary for the Bureau of Global Talent Management;
the Principal Deputy Assistant Secretary for the Bureau of Intelligence and Research;
an Assistant Secretary or Deputy, or equivalent, from a third bureau as designated by the Under Secretary for Management;
a representative from the geographic bureau to which the restriction applies; and
a representative from the Office of the Legal Adviser and a representative from the Bureau of Diplomatic Security, who shall serve as non-voting advisors.
Not later than 120 days after December 22, 2023, the Secretary shall amend all relevant provisions of the Foreign Affairs Manual, and any associated or related policies of the Department, to comply with this section.
Source credit: (Pub. L. 118–31, div. F, title LXI, § 6115, Dec. 22, 2023, 137 Stat. 969.)
- 2023Enacted · Pub. L. 118-31 · 137 Stat. 969
A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-31 on 2023-12-22.
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