# § 2734c. Employee assignment restrictions
**(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.
**1** **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 [^1] a report that—
So in original. Probably should be “committees”.
**(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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**Source Credit**: (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 . Subsec. (d) of amended .
### Amendments
2023—Subsec. (a). 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). 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
> “Not later than 90 days after the date of the enactment of this Act [
>
> ], 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.”
, , , provided that:
[For definitions of “Secretary” and “appropriate congressional committees” as used in , set out above, see , set out as a note under .]
### Definitions
For definitions of “Secretary”, “Department”, and “appropriate congressional committee[s]” as used in this section, see , set out as a note under .