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22 U.S.C. § 2734c — Employee assignment restrictions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Appeal of assignment restriction** 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. Any such appeal shall be resolved not later than 60 days after such appeal is filed.
**(b) Certification** 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 11 So in original. Probably should be “committees”. a report that—
(1) certifies that such process has been fully implemented;
(2) includes a detailed description of such process; and
(3) details the number and nature of assignment restrictions and preclusions for the previous 3 years.
**(c) Notice** The Secretary shall—
(1) publish in the Foreign Affairs Manual information relating to the right and process established pursuant to subsection (a); and
(2) include a reference to such publication in the report required under subsection (b).
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Stable record: federal_law:legal_authorities:record_usc_2d5df475b647c87924f67b3a
Source file: Laws/federal/codes/united-states-code/title-22/section-2734c-employee-assignment-restrictions--255de4684e.md
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Source location: Title 22, Chapter 38, § 2734c; chapter-038-department-of-state.md
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**(a) Appeal of assignment restriction** 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. Any such appeal shall be resolved not later than 60 days after such appeal is filed.
**(b) Certification** 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 11 So in original. Probably should be “committees”. a report that—
(1) certifies that such process has been fully implemented;
(2) includes a detailed description of such process; and
(3) details the number and nature of assignment restrictions and preclusions for the previous 3 years.
**(c) Notice** The Secretary shall—
(1) publish in the Foreign Affairs Manual information relating to the right and process established pursuant to subsection (a); and
(2) include a reference to such publication in the report required under subsection (b).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Positions assignable; basis for assignment**
(1) The Secretary (with the concurrence of the agency concerned) may assign a member of the Service to any position classified under [section 3981 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3981&num=0&edition=prelim) in which that member is eligible to serve (other than as chief of mission or ambassador at large), and may assign a member from one such position to another such position as the needs of the Service may require.
(2) In making assignments under paragraph (1), the Secretary shall assure that a member of the Service is not assigned to or prohibited from being assigned to a position at a post in a particular geographic area, or domestically, in a position working on issues relating to a particular country or geographic area, on the basis of the race, ethnicity, or religion of that member.
**(b) Filling of positions by members of Service; employment of members of State Department and other agencies** Positions designated as Foreign Service positions normally shall be filled by the assignment of members of the Service to those positions. Subject to that limitation—
(1) Foreign Service positions may be filled by the assignment for specified tours of duty of employees of the Department and, under interagency agreements, employees of other agencies; and
(2) Senior Foreign Service positions may also be filled by other members of the Service.
**(c) Charge d’affaires** The President may assign a career member of the Service to serve as charge d’affaires or otherwise as the head of a mission (or as the head of a United States office abroad which is designated under section 3902(a)(3) 11 See References in Text note below. of this title by the Secretary of State as dip
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3982
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Federal law — U.S. Code and appendices · legal_authorities
There shall be at the seat of government an executive department to be known as the “Department of State”, and a Secretary of State, who shall be the head thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2651
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Federal law — U.S. Code and appendices · legal_authorities
Unless authorized by law, neither the President nor any person or agency shall, on behalf of the United States—
(1) subscribe to additional shares of stock of the Agency;
(2) vote for or agree to any amendment of the Convention which increases the obligations of the United States, or which changes the purpose or functions of the Agency; or
(3) make a loan or provide other financing to the Agency.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 263c
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2734h
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Federal law — U.S. Code and appendices · legal_authorities
Page 1171
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2734c
1 See References in Text note below.
1 So in original. Probably should be ‘‘committees’’.
Statutory Notes and Related Subsidiaries
DEFINITIONS
For definitions of ‘‘Secretary’’, ‘‘agency’’, and ‘‘per-
sonnel’’ as used in this section, see section 1603 of Pub.
L. 110–417, set out as a note under section 2734a of this
title.
§ 2734a. Authorities related to personnel
(a) Extension of certain Foreign Service benefits
The Secretary, or the head of any agency with
respect to personnel of that agency, may extend
to any individuals assigned, detailed, or de-
ployed to carry out reconstruction and stabiliza-
tion activities pursuant to section 2734 of this
title (as added by section 1605 1 of this title), the
benefits or privileges set forth in sections 3973,
4024, and 4081 of this title to the same extent and
manner that such benefits and privileges are ex-
tended to members of the Foreign Service.
(b) Authority regarding details
The Secretary is authorized to accept details
or assignments of any personnel, and any em-
ployee of a State or local government, on a re-
imbursable or nonreimbursable basis for the
purpose of carrying out this title,1 and the head
of any agency is authorized to detail or assign
personnel of such agency on a reimbursable or
nonreimbursable basis to the Department of
State for purposes of section 2734 of this title, as
added by section 1605 1 of this title.
(Pub. L. 110–417, [div. A], title XVI, § 1606, Oct. 14,
2008, 122 Stat. 4656.)
Editorial Notes
REFERENCES IN TEXT
Section 1605 of this title, referred to in text, means
section 1605 of title XVI of Pub. L. 110–417.
This title, the first time appearing in subsec. (b),
means title XVI of Pub. L. 110–417, [div.
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2734c
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