Title 22, Foreign Relations and IntercourseRelease 119-110

§2734h Increased Accountability in Assignment Restrictions and Reviews

Title 22 › CHAPTER 38 — DEPARTMENT OF STATE › § 2734h

Last updated Sep 22, 2026|Official source

Summary

Requires the Secretary of State to review and update how the Department decides who can serve at overseas posts and to keep checking those rules. Within 90 days after December 22, 2023, the Secretary must tell any employee who, before that date, had an assignment restriction, review, or ban and still has a pending decision what their status is. The Secretary must also tell any employee who has had a pending restriction or review for more than 30 days about their status on an ongoing basis. Each notice must say if a prior restriction was removed, whether the person is still under review and when that review should finish, and whether any other limits stop them from serving abroad. The Department must set a reasonable deadline for finishing assignment reviews and must tell employees the decision by that deadline. If an employee loses eligibility because of a restriction or review, a Security Appeal Panel must meet within 120 days after the employee files an appeal. New officers must get a briefing that explains the review process and which posts are high-risk for human intelligence threats. The Department must name contacts in Diplomatic Security and Global Talent Management to answer questions. The Security Appeal Panel must be formed within 90 days after December 22, 2023, and include senior HR and policy leaders, senior deputies from Global Talent Management and Intelligence and Research, a leader from another bureau chosen by the Under Secretary for Management, a regional bureau representative, and legal and security advisers as non-voting members. The Secretary must update the Foreign Affairs Manual and related policies within 120 days after December 22, 2023.

Full Legal Text

Title 22, §2734h

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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)
(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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

22 U.S.C. § 2734h

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110