22 U.S. Code § 2734h - Increased accountability in assignment restrictions and reviews

(a) Sense of Congress

It is the sense of Congress that—

(1) 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

(2) the Department should continuously evaluate all processes relating to assignment restrictions, assignment reviews, and preclusions at the Department.

(b) Notification of status

Beginning not later than 90 days after December 22, 2023, the Secretary shall—

(1) 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

(2) 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.

(c) Notification content

The notification required under subsection (b) shall inform relevant personnel, as of the date of the notification—

(1) whether any prior assignment restriction has been lifted;

(2) if their assignment status is subject to ongoing review, and an estimated date for completion; and

(3) if they are subject to any other restrictions on their ability to serve at posts abroad.

(d) Adjudication of ongoing assignment reviews

(1) Time limit

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.

(2) Appeals

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.

(3) Entry-level bidding process

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.

(4) Points of contact

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.

(e) Security appeal panel

Not later than 90 days after December 22, 2023, the Security Appeal Panel shall be comprised of—

(1) the head of an office responsible for human resources or discrimination who reports directly to the Secretary;

(2) the Principal Deputy Assistant Secretary for the Bureau of Global Talent Management;

(3) the Principal Deputy Assistant Secretary for the Bureau of Intelligence and Research;

(4) an Assistant Secretary or Deputy, or equivalent, from a third bureau as designated by the Under Secretary for Management;

(5) a representative from the geographic bureau to which the restriction applies; and

(6) 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.

(f) Omitted

(g) FAM update

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.

(Pub. L. 118–31, div. F, title LXI, § 6115, Dec. 22, 2023, 137 Stat. 969.)

Editorial Notes

Codification

Section is comprised of section 6115 of Pub. L. 118–31. Subsec. (f) of section 6115 of Pub. L. 118–31 amended section 2734c of this title.

Statutory Notes and Related Subsidiaries

Definitions

For definitions of “Department” and “Secretary” as used in this section, see section 6002 of Pub. L. 118–31, set out as a note under section 2651 of this title.