2021 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 38 - Department of State
Sec. 2734c - Employee assignment restrictions

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. 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—

The Secretary shall—

(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.)

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.

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."

Pub. L. 117–81, div. E, title LIII, §5311(c), Dec. 27, 2021, 135 Stat. 2364, provided that: "Not later than 90 days after the date of the enactment of this Act [Dec. 27, 2021], 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.]

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.

¹ So in original. Probably should be "committees".