22 U.S.C. § 2734c — Employee assignment restrictions

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. A], Oct. 14, 2008, 122 Stat. 4652, known as the Reconstruction and Sta- bilization Civilian Management Act of 2008, which en- acted this section, sections 2368 and 2734 of this title, and provisions set out as notes under this section and sections 2151 and 2368 of this title. For complete classi- fication of this title to the Code, see Short Title of 2008 Amendment note set out under section 2151 of this title and Tables. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 110–417, [div. A], title XVI, § 1603, Oct. 14, 2008, 122 Stat. 4653, provided that: ‘‘In this title [enacting this section, sections 2368 and 2734 of this title, and pro- visions set out as notes under sections 2151 and 2368 of this title]: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the United States Agen- cy for International Development. ‘‘(2) AGENCY.—The term ‘agency’ means any entity included in chapter 1 of title 5, United States Code. ‘‘(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Rela- tions of the Senate. ‘‘(4) DEPARTMENT.—Except as otherwise provided in this title, the term ‘Department’ means the Depart- ment of State. ‘‘(5) PERSONNEL.—The term ‘personnel’ means indi- viduals serving in any service described in section 2101 of title 5, United States Code, other than in the legislative or judicial branch. ‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary of State.’’ § 2734b. Report on diversity recruitment, employ- ment, retention, and promotion (a) In general The Secretary should provide oversight to the employment, retention, and promotion of tradi- tionally underrepresented minority groups. (b) Additional recruitment and outreach re- quired The Department should conduct recruitment activities that— (1) develop and implement effective mecha- nisms to ensure that the Department is able effectively to recruit and retain highly quali- fied candidates from a wide diversity of insti- tutions; and (2) improve and expand recruitment and out- reach programs at minority-serving institu- tions. (c) Report Not later than 180 days after December 16, 2016, and quadrennially thereafter, the Sec- retary shall submit to Congress a comprehensive report that describes the efforts, consistent with existing law, including procedures, effects, and results of the Department since the period cov- ered by the prior such report, to promote equal opportunity and inclusion for all American em- ployees in direct hire and personal service con- tractors status, particularly employees of the Foreign Service, including equal opportunity for all traditionally underrepresented minority groups. (Pub. L. 114–323, title IV, § 410, Dec. 16, 2016, 130 Stat. 1931.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Secretary’’, ‘‘Department’’, and ‘‘Foreign Service’’ as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title. § 2734c. Employee assignment restrictions (a) Appeal of assignment restriction The Secretary shall establish and maintain a right and process for employees to appeal a deci- sion related to an assignment, based on a re- striction, 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 proc- ess for employees to appeal an assignment re- striction or preclusion under subsection (a), the Secretary shall submit to the appropriate con- gressional committee 1 a report that— Page 1172 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2734d 1 So in original. Probably should be ‘‘understanding’’. (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 assign- ment restrictions and preclusions for the pre- vious 3 years. (c) Notice The Secretary shall— (1) publish in the Foreign Affairs Manual in- formation relating to the right and process es- tablished pursuant to subsection (a); and (2) include a reference to such publication in the report required under subsection (b). (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; Pub. L. 118–31, div. F, title LXI, § 6115(f), Dec. 22, 2023, 137 Stat. 970.) Editorial Notes CODIFICATION 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. AMENDMENTS 2023—Subsec. (a). Pub. L. 118–31 substituted ‘‘The Sec- retary shall establish and maintain a right and process for employees to appeal a decision related to an assign- ment, based on a restriction, review, or preclusion. Such right and process shall ensure that any such em- ployee shall have the same appeal rights as provided by the Department regarding denial or revocation of a se- curity clearance.’’ for ‘‘The Secretary shall establish a right and process for employees to appeal any assign- ment restriction or preclusion. Such right and process shall ensure that any employee subjected to an assign- ment restriction or preclusion shall have the same ap- peal rights as provided by the Department regarding denial or revocation of a security clearance.’’ 2021—Subsec. (a). Pub. L. 117–81 inserted at end ‘‘Such right and process shall ensure that any employee sub- jected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Depart- ment regarding denial or revocation of a security clear- ance. Any such appeal shall be resolved not later than 60 days after such appeal is filed.’’ Statutory Notes and Related Subsidiaries NOTICE AND CERTIFICATION 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 ap- propriate congressional committees regarding such re- vision, the Foreign Affairs Manual guidance regarding denial or revocation of a security clearance to ex- pressly state that all review and appeal rights relating thereto shall also apply to any recommendation or de- cision to impose an assignment restriction or pre- clusion to an employee.’’ [For definitions of ‘‘Secretary’’ and ‘‘appropriate con- gressional 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.] DEFINITIONS 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. § 2734d. Recruitment and retention of individuals who have lived, worked, or studied in pre- dominantly Muslim countries or commu- nities (a) Findings Congress finds that successful engagement, in- cluding robust public diplomacy, with predomi- nantly Muslim countries and communities is critical for achieving United States foreign pol- icy objectives. (b) Sense of Congress It is the sense of Congress that the Depart- ment should recruit more employees that have a personal background in, and thorough under- stating 1 of, the cultures, languages, and history of the Middle East and wider Muslim world. (c) Recruitment and retention of certain individ- uals The Secretary shall make every effort to re- cruit and retain individuals that have lived, worked, or studied in predominantly Muslim countries or communities, including individuals who have studied at an Islamic institution of higher learning. (Pub. L. 114–323, title VII, § 713, Dec. 16, 2016, 130 Stat. 1945.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Department’’ and ‘‘Secretary’’ as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title. § 2734e. Annual Report Not later than 90 days after December 27, 2021, and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Af- fairs and the Committee on Appropriations of the House of Representatives and the Com- mittee on Foreign Relations and the Committee on Appropriations of the Senate a report that contains the following: (1) A rationale for the use of assignment re- strictions by the Department of State, includ- ing specific case studies related to cleared United States Foreign Service and civil serv- ice employees of the Department that dem- onstrate country-specific restrictions serve a counterintelligence role beyond that which is already covered by the security clearance process. (2) The number of such Department employ- ees subject to assignment restrictions over the previous year, with data disaggregated by— (A) identification as a Foreign Service of- ficer, civil service employee, eligible family member, or other employment status; (B) the ethnicity, national origin, and race of the precluded employee; (C) gender; and (D) the country of restriction. (3) A description of the considerations and criteria used by the Bureau of Diplomatic Se- curity to determine whether an assignment re- striction is warranted.