22 USC 2734 - Employee assignment restrictions

1 So in original. Probably should be “committees”.

a report that—

Editorial Notes

Codification

Section is comprised of section 414 of Puspan. L. 114–323. Subsec. (d) of section 414 of Puspan. L. 114–323 amended section 3982 of this title.

Amendments

2023—Subsec. (a). Puspan. L. 118–31 substituted “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.” for “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.”

2021—Subsec. (a). Puspan. 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.”

Statutory Notes and Related Subsidiaries

Notice and Certification

Puspan. 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 Puspan. L. 117–81, set out above, see section 5002 of Puspan. L. 117–81, set out as a note under section 263c of this title.]

Definitions

For definitions of “Secretary”, “Department”, and “appropriate congressional committee[s]” as used in this section, see section 2 of Puspan. L. 114–323, set out as a note under section 2651 of this title.