View all text of Chapter 38 [§ 2651 - § 2739]
§ 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 span
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
(2) Appeals
(3) Entry-level bidding process
(4) Points of contact
(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
(Pub. L. 118–31, div. F, title LXI, § 6115, Dec. 22, 2023, 137 Stat. 969.)