The Foreign Service Journal, July-August 2017

THE FOREIGN SERVICE JOURNAL | JULY-AUGUST 2017 53 NOTES FROM LABOR MANAGEMENT AFSA NEWS Assignment Restrictions: An Update An assignment restriction can be placed on any Foreign Service employee’s secu- rity clearance by the Bureau of Dip- lomatic Security to prevent target- ing and harass- ment by foreign intelligence services and to lessen foreign influence and/or foreign pref- erence security concerns. For example, DS might impose such a restriction in a case where an employee and/or his or her family members are citizens or dual citizens of another country or have substantial financial interests in that country. The assignment restriction would prevent the employee from serving in that country. While AFSA recognizes that assignment restrictions can be a useful tool to pro- tect U.S. national security interests, we have pushed for greater transparency in how assignment restriction determinations are made, as well as for the introduc- tion of an appeals process for the initial assignment restriction determination. Last September, AFSA and DS completed nego- tiations on revisions to the Foreign Affairs Manual, specifically 12 FAM 233.5 (Personnel Security), whic h included new provisions regarding assignment restrictions procedures. The revised regula- tions were issued on Oct. 21, 2016. AFSA suc- cessfully pushed for two changes in the regula- tions: access for employees to the informa- tion/grounds for imposition of the assignment restric- tion (specifically, the adju- dicative analysis), and cre- ation of an appeals process for employees who wish to challenge the initial decision to impose a restriction. Under the revised regulations, within 30 days of receiving a decision from the director of the Office of Per- sonnel Security and Suitabil- ity to impose an assignment restriction, employees may request a review of the deci- sion by the director of the Diplomatic Security Service. On Feb. 22, AFSA and the Asian-American Foreign Affairs Association co-spon- sored a well-attended panel discussion where officials from the DS PSS office answered questions from employees regarding the new assignment restriction provisions. Since publication of the regulations, AFSA has received many questions from employees. Some submitted a request for reconsideration prior to the FAM provisions taking effect, and are wonder- ing if they can still obtain the adjudicative analysis. Others who filed a request for reconsideration and have already received a decision prior to the FAM provisions taking effect are wondering whether they can still request the adjudica- tive analysis. Still others have not yet filed a request for reconsideration, but received an assignment restriction more than 30 days ago and are concerned that they have missed a deadline under the new regulations. AFSA reached out to the director of PSS, and he has confirmed that adjudica- tive analysis requests from employees who have already filed for reconsideration, as well as those who have already received a recon- sideration decision, will be honored. Employees who received a restriction before the the revised FAM was published, but who had not filed a request for reconsideration, will not be subject to the 30-day timeline specified in the FAM and may request the adjudicative analysis. Employees in this situation should be aware, however, that their request will trigger the 30-day deadline for an appeal submission. Recently, AFSA met with PSS to discuss those cases where an assignment restriction was imposed after a recent security clear- ance update, even though an assignment restriction had not been imposed at the time of the employee’s initial security clearance adjudica- tion (i.e., at the time they were hired). Of particular concern are cases in which the restric- tion was imposed after the employee had been selected for his or her next assign- ment, but before departing for post. Barring a suc- cessful appeal (which can take several months), the employee would be forced to break the assignment, with fewer assignment opportu- nities remaining late in the cycle. PSS assured AFSA that it is giving top priority to these types of appeals. n —Colleen Fallon-Lenaghan Esq., Labor Management Counselor Colleen Fallon-Lenaghan. Since publication of the regulations, AFSA has received many questions from employees.