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Title 22 — Foreign Relations and Intercourse

Chapter 58 — Diplomatic Security

§ 4831. Security Review Committees

Statutory text

(a)

In general

(1)

Convening the Security Review Committee

In any case of a serious security incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government diplomatic mission abroad (referred to in this subchapter as a “Serious Security Incident”), and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, the Secretary of State shall convene a Security Review Committee, which shall issue a report providing a full account of what occurred, consistent with section 4834 of this title.

(2)

Committee composition

The Secretary shall designate a Chairperson and may designate additional personnel of commensurate seniority to serve on the Security Review Committee, which shall include—

(A)

the Director of the Office of Management Strategy and Solutions;

(B)

the Assistant Secretary responsible for the region where the incident occurred;

(C)

the Assistant Secretary of State for Diplomatic Security;

(D)

the Assistant Secretary of State for Intelligence and Research;

(E)

an Assistant Secretary-level representative from any involved United States Government department or agency; and

(F)

other personnel determined to be necessary or appropriate.

(3)

Exceptions to convening a Security Review Committee

(A)

In general

The Secretary of State is not required to convene a Security Review Committee—

(i)

if the Secretary determines that the incident involves only causes unrelated to security, such as when the security at issue is outside of the scope of the Secretary of State’s security responsibilities under section 4802 of this title;

(ii)

if operational control of overseas security functions has been delegated to another agency in accordance with section 4805 of this title;

(iii)

if the incident is a cybersecurity incident and is covered by other review mechanisms; or

(iv)

in the case of an incident described in paragraph (1) that involves any facility, installation, or personnel of the Department of Defense with respect to which the Secretary has delegated operational control of overseas security functions to the Secretary of Defense pursuant to section 4805 of this title.

(B)

Department of Defense investigations

In the case of an incident described in subparagraph (A)(iv), the Secretary of Defense shall conduct an appropriate inquiry. The Secretary of Defense shall report the findings and recommendations of such inquiry, and the action taken with respect to such recommendations, to the Secretary of State and Congress.

(4)

Facilities in Afghanistan, Yemen, Syria, and Iraq

(A)

Limited exemptions from requirement to convene Board

The Secretary of State is not required to convene a Board in the case of an incident that—

(i)

involves serious injury, loss of life, or significant destruction of property at, or related to, a United States Government mission in Afghanistan, Yemen, Syria, or Iraq; and

(ii)

occurs during the period beginning on , and ending on .

(B)

Reporting requirements

In the case of an incident described in subparagraph (A), the Secretary shall—

(i)

promptly notify the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate of the incident;

(ii)

conduct an inquiry of the incident; and

(iii)

upon completion of the inquiry required by clause (ii), submit to each such Committee a report on the findings and recommendations related to such inquiry and the actions taken with respect to such recommendations.

(5)

Rulemaking

The Secretary of State shall promulgate regulations defining the membership and operating procedures for the Security Review Committee and provide such guidance to the Chair and ranking members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

(b)

Deadlines for convening Security Review Committees

(1)

In general

The Secretary of State shall convene a Security Review Committee not later than 60 days after the occurrence of an incident described in subsection (a)(1), or 60 days after the Department first becomes aware of such an incident, whichever is earlier, except that the 60-day period for convening a Security Review Committee may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary.

(2)

Delay in cases involving intelligence activities

With respect to breaches of security involving intelligence activities, the Secretary of State may delay the establishment of a Board if, after consultation with the chairman of the Select Committee on Intelligence of the Senate and the chairman of the Permanent Select Committee on Intelligence of the House of Representatives, the Secretary determines that the establishment of a Board would compromise intelligence sources or methods. The Secretary shall promptly advise the chairmen of such committees of each determination pursuant to this paragraph to delay the establishment of a Board.

(c)

Congressional notification

Whenever the Secretary of State convenes a Security Review Committee, the Secretary shall promptly inform the chair and ranking member of—

(1)

the Committee on Foreign Relations of the Senate;

(2)

the Select Committee on Intelligence of the Senate;

(3)

the Committee on Appropriations of the Senate;

(4)

the Committee on Foreign Affairs of the House of Representatives;

(5)

the Permanent Select Committee on Intelligence of the House of Representatives; and

(6)

the Committee on Appropriations of the House of Representatives.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Omnibus Diplomatic Security and Antiterrorism Act of 1986

    Pub. L. 99–399 title III § 301 · 100 Stat. 853

    Enacted · 22 U.S.C. § 4831

    Pub. L. 99–399, title III, § 301, Aug. 27, 1986, 100 Stat. 859

    Source evidence

    Code source credit
    Pub. L. 99–399, title III, § 301, Aug. 27, 1986, 100 Stat. 859

    Enacted provision · exact public law section
    SEC. 301. ACCOUNTABILITY REVIEW. In any case of serious injury, loss of life, or significant destruction Health and medical care. Real property. Gifts and property. 22 USC 4831. of property at or related to a United States Government mission abroad which is covered by the provisions of titles I through IV (other than a facility or installation subject to the control of a United States area military commander), the Secretary of State shall convene an Accountability Review Board (hereafter in this title referred to as the “Board”). The Secretary shall not convene a Board where the Secretary determines that a case clearly involves only causes unrelated to security.

  2. Foreign Relations Authorization Act, Fiscal Years 1988 and 1989

    Pub. L. 100–204 title I § 156(a) · 101 Stat. 1331

    1. Inserted · 22 U.S.C. § 4831

      Pub. L. 100–204 inserted “, and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad,” after “mission abroad” in first sentence

    2. Inserted · 22 U.S.C. § 4831

      Pub. L. 100–204 inserted after first sentence “With respect to breaches of security involving intelligence activities, the Secretary of State may delay establishing an Accountability Review Board if, after consultation with the Chairman of the Select Committee on Intelligence of the Senate and the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives, the Secretary determines that doing so would compromise intelligence sources and methods. The Secretary shall promptly advise the Chairmen of such committees of each determination pursuant to this section to delay the establishment of an Accountability Review Board.”

    Source evidence

    Code amendment note
    Pub. L. 100–204 inserted “, and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad,” after “mission abroad” in first sentence, and inserted after first sentence “With respect to breaches of security involving intelligence activities, the Secretary of State may delay establishing an Accountability Review Board if, after consultation with the Chairman of the Select Committee on Intelligence of the Senate and the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives, the Secretary determines that doing so would compromise intelligence sources and methods. The Secretary shall promptly advise the Chairmen of such committees of each determination pursuant to this section to delay the establishment of an Accountability Review Board.”

    Enacted provision · exact public law section
    (a) Establishment of a Board.— Section 301 of the Diplomatic Security Act (22 U.S.C. 4831) is amended— (1) by inserting “, and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad,” after “mission abroad”; and (2) by inserting after the first sentence thereof the following new sentence: “With respect to breaches of security involving intelligence activities, the Secretary of State may delay establishing an Accountability Review Board if, after consultation with the Chairman of the Select Committee on Intelligence of the Senate and the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives, the Secretary determines that doing so would compromise intelligence sources and methods. The Secretary shall promptly advise the Chairmen of such committees of each determination pursuant to this section to delay the establishment of an Accountability Review Board.”.

  3. District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 div. B § 1000(a)(7)(dA)(tVI)(s608) · 113 Stat. 1501

    1. Substituted · 22 U.S.C. § 4831

      Pub. L. 106–113 substituted “Review Boards” for “review” in section catchline

    2. Amended · 22 U.S.C. § 4831

      Pub. L. 106–113 amended text generally. Prior to amendment, text read as follows: “In any case of serious injury, loss of life, or significant destruction of property at or related to a United States Government mission abroad, and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, which is covered by the provisions of this chapter (other than a facility or installation subject to the control of a United States area military commander), the Secretary of State shall convene an Accountability Review Board (hereafter in this subchapter referred to as the ‘Board’). With respect to breaches of security involving intelligence activities, the Secretary of State may delay establishing an Accountability Review Board if, after consultation with the Chairman of the Select Committee on Intelligence of the Senate and the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives, the Secretary determines that doing so would compromise intelligence sources and methods. The Secretary shall promptly advise the Chairmen of such committees of each determination pursuant to this section to delay the establishment of an Accountability Review Board. The Secretary shall not convene a Board where the Secretary determines that a case clearly involves only causes unrelated to security.”

    Source evidence

    Code amendment note
    Pub. L. 106–113 substituted “Review Boards” for “review” in section catchline and amended text generally. Prior to amendment, text read as follows: “In any case of serious injury, loss of life, or significant destruction of property at or related to a United States Government mission abroad, and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, which is covered by the provisions of this chapter (other than a facility or installation subject to the control of a United States area military commander), the Secretary of State shall convene an Accountability Review Board (hereafter in this subchapter referred to as the ‘Board’). With respect to breaches of security involving intelligence activities, the Secretary of State may delay establishing an Accountability Review Board if, after consultation with the Chairman of the Select Committee on Intelligence of the Senate and the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives, the Secretary determines that doing so would compromise intelligence sources and methods. The Secretary shall promptly advise the Chairmen of such committees of each determination pursuant to this section to delay the establishment of an Accountability Review Board. The Secretary shall not convene a Board where the Secretary determines that a case clearly involves only causes unrelated to security.”

  4. Pub. L. 109–140 § 3(1) · 119 Stat. 2650

    Substituted · 22 U.S.C. § 4831(a)(1)

    Pub. L. 109–140, § 3(1), substituted “paragraphs (2) and (3)” for “paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 109–140, § 3(1), substituted “paragraphs (2) and (3)” for “paragraph (2)”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”; and

  5. Pub. L. 109–140 § 3(2) · 119 Stat. 2650

    Added · 22 U.S.C. § 4831(a)(3)

    Pub. L. 109–140, § 3(2), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 109–140, § 3(2), added par. (3).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph: “(3) Facilities in afghanistan and iraq.— “(A) Limited exemptions from requirement to convene board.— The Secretary of State is not required to convene a Board in the case of an incident that— “(i) involves serious injury, loss of life, or significant destruction of property at, or related to, a United States Government mission in Afghanistan or Iraq; and “(ii) occurs during the period beginning on October 1, 2005, and ending on September 30, 2009. “(B) Reporting requirements.— In the case of an incident described in subparagraph (A), the Secretary shall— “(i) Notification. promptly notify the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate of the incident; “(ii) conduct an inquiry of the incident; and “(iii) upon completion of the inquiry required by clause (ii), submit to each such Committee a report on the findings and recommendations related to such inquiry and the actions taken with respect to such recommendations.” .

  6. Department of State Authorization Act of 2021

    Pub. L. 117–81 § 5316(1) · 135 Stat. 1541

    Substituted · 22 U.S.C. § 4831(a)(3)

    Pub. L. 117–81, § 5316(1), substituted “Afghanistan, Yemen, Syria, and” for “Afghanistan and” in heading

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 117–81, § 5316(1), substituted “Afghanistan, Yemen, Syria, and” for “Afghanistan and” in heading.

    Enacted provision · exact public law section
    (1) in the heading, by striking “afghanistan and” and inserting “afghanistan, yemen, syria, and”; and

  7. Department of State Authorization Act of 2021

    Pub. L. 117–81 § 5316(2)(A) · 135 Stat. 1541

    Substituted · 22 U.S.C. § 4831(a)(3)(A)(i)

    Pub. L. 117–81, § 5316(2)(A), substituted “Afghanistan, Yemen, Syria, or” for “Afghanistan or”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A)(i). Pub. L. 117–81, § 5316(2)(A), substituted “Afghanistan, Yemen, Syria, or” for “Afghanistan or”.

    Enacted provision · exact public law section
    (A) in clause (i), by striking “Afghanistan or” and inserting “Afghanistan, Yemen, Syria, or”; and

  8. Department of State Authorization Act of 2021

    Pub. L. 117–81 § 5316(2)(B) · 135 Stat. 1541

    Substituted · 22 U.S.C. § 4831(a)(3)(A)(ii)

    Pub. L. 117–81, § 5316(2)(B), substituted “beginning on October 1, 2020, and ending on September 30, 2022” for “beginning on October 1, 2005, and ending on September 30, 2009”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A)(ii). Pub. L. 117–81, § 5316(2)(B), substituted “beginning on October 1, 2020, and ending on September 30, 2022” for “beginning on October 1, 2005, and ending on September 30, 2009”.

    Enacted provision · exact public law section
    (B) in clause (ii), by striking “beginning on October 1, 2005, and ending on September 30, 2009” and inserting “beginning on October 1, 2020, and ending on September 30, 2022”.

  9. Diplomatic Support and Security Act of 2022

    Pub. L. 117–263 § 9302(d)(1) · 136 Stat. 2395

    Substituted · 22 U.S.C. § 4831

    Pub. L. 117–263, § 9302(d)(1), substituted “Security Review Committees” for “Accountability Review Boards” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 117–263, § 9302(d)(1), substituted “Security Review Committees” for “Accountability Review Boards” in section catchline.

    Enacted provision · exact public law section
    (1) in the section heading, by striking “accountability review boards” and inserting “security review committees”;

  10. Diplomatic Support and Security Act of 2022

    Pub. L. 117–263 § 9302(d)(2)(A) · 136 Stat. 2395

    Amended · 22 U.S.C. § 4831(a)(1)

    Pub. L. 117–263, § 9302(d)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “Except as provided in paragraphs (2) and (3), in any case of serious injury, loss of life, or significant destruction of property at, or related to, a United States Government mission abroad, and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, which is covered by the provisions of this chapter (other than a facility or installation subject to the control of a United States area military commander), the Secretary of State shall convene an Accountability Review Board (in this subchapter referred to as the ‘Board’). The Secretary shall not convene a Board where the Secretary determines that a case clearly involves only causes unrelated to security.”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 117–263, § 9302(d)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “Except as provided in paragraphs (2) and (3), in any case of serious injury, loss of life, or significant destruction of property at, or related to, a United States Government mission abroad, and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, which is covered by the provisions of this chapter (other than a facility or installation subject to the control of a United States area military commander), the Secretary of State shall convene an Accountability Review Board (in this subchapter referred to as the ‘Board’). The Secretary shall not convene a Board where the Secretary determines that a case clearly involves only causes unrelated to security.”

    Enacted provision · exact public law section
    (A) by amending paragraph (1) to read as follows: “(1) Convening the security review committee.— In any case of a serious security incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government diplomatic mission abroad (referred to in this title as a ‘Serious Security Incident’), and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, the Secretary of State shall convene a Security Review Committee, which shall issue a report providing a full account of what occurred, consistent with section 304.” ;

  11. Diplomatic Support and Security Act of 2022

    Pub. L. 117–263 § 9302(d)(2)(C) · 136 Stat. 2395

    Redesignated · 22 U.S.C. § 4831(a)(2)

    Pub. L. 117–263, § 9302(d)(2)(C), added par. (2). Former par. (2) redesignated (3)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 117–263, § 9302(d)(2)(C), added par. (2). Former par. (2) redesignated (3).

    Enacted provision · exact public law section
    (C) by inserting after paragraph (1) the following: “(2) Committee composition.— The Secretary shall designate a Chairperson and may designate additional personnel of commensurate seniority to serve on the Security Review Committee, which shall include— “(A) the Director of the Office of Management Strategy and Solutions; “(B) the Assistant Secretary responsible for the region where the incident occurred; “(C) the Assistant Secretary of State for Diplomatic Security; “(D) the Assistant Secretary of State for Intelligence and Research; “(E) an Assistant Secretary-level representative from any involved United States Government department or agency; and “(F) other personnel determined to be necessary or appropriate.” ;

  12. Diplomatic Support and Security Act of 2022

    Pub. L. 117–263 § 9302(d)(2)(D)(ii) · 136 Stat. 2395

    1. Substituted · 22 U.S.C. § 4831(a)(3)

      Pub. L. 117–263, § 9302(d)(2)(D)(ii), (iii), substituted subpar. (A) designation, heading, introductory provisions, cls. (i) to (iii), and “(iv) in the case” for “The Secretary of State is not required to convene a Board in the case”

    2. Substituted · 22 U.S.C. § 4831(a)(3)

      Pub. L. 117–263, § 9302(d)(2)(D)(ii), (iii), substituted subpar. (A) designation, heading, introductory provisions, cls. (i) to (iii), and “In the case of an incident described in subparagraph (A)(iv)” for “In any such case”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 117–263, § 9302(d)(2)(D)(ii), (iii), substituted subpar. (A) designation, heading, introductory provisions, cls. (i) to (iii), and “(iv) in the case” for “The Secretary of State is not required to convene a Board in the case” and subpar. (B) designation, heading, and “In the case of an incident described in subparagraph (A)(iv)” for “In any such case”.

    Enacted provision · exact public law section
    (ii) by striking “The Secretary of State is not required to convene a Board in the case” and inserting the following: “(A) In general.— The Secretary of State is not required to convene a Security Review Committee— “(i) Determination. if the Secretary determines that the incident involves only causes unrelated to security, such as when the security at issue is outside of the scope of the Secretary of State’s security responsibilities under section 103; “(ii) if operational control of overseas security functions has been delegated to another agency in accordance with section 106; “(iii) if the incident is a cybersecurity incident and is covered by other review mechanisms; or “(iv) in the case” ; and

  13. Diplomatic Support and Security Act of 2022

    Pub. L. 117–263 § 9302(d)(2)(D)(i) · 136 Stat. 2395

    Substituted · 22 U.S.C. § 4831(a)(3)

    Pub. L. 117–263, § 9302(d)(2)(D)(i), substituted “Exceptions to convening a Security Review Committee” for “Department of Defense facilities and personnel” in heading

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 117–263, § 9302(d)(2)(D)(i), substituted “Exceptions to convening a Security Review Committee” for “Department of Defense facilities and personnel” in heading.

    Enacted provision · exact public law section
    (i) in the paragraph heading, by striking “Department of defense facilities and personnel” and inserting “Exceptions to convening a security review committee”;

  14. Diplomatic Support and Security Act of 2022

    Pub. L. 117–263 § 9302(d)(2)(B) · 136 Stat. 2395

    Redesignated · 22 U.S.C. § 4831(a)(3)

    Pub. L. 117–263, § 9302(d)(2)(B), redesignated par. (2) as (3). Former par. (3) redesignated (4)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 117–263, § 9302(d)(2)(B), redesignated par. (2) as (3). Former par. (3) redesignated (4).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;

  15. Diplomatic Support and Security Act of 2022

    Pub. L. 117–263 § 9302(d)(2)(B) · 136 Stat. 2395

    Redesignated · 22 U.S.C. § 4831(a)(4)

    Pub. L. 117–263, § 9302(d)(2)(B), redesignated par. (3) as (4)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 117–263, § 9302(d)(2)(B), redesignated par. (3) as (4).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;

  16. Diplomatic Support and Security Act of 2022

    Pub. L. 117–263 § 9302(d)(2)(E) · 136 Stat. 2395

    Added · 22 U.S.C. § 4831(a)(5)

    Pub. L. 117–263, § 9302(d)(2)(E), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 117–263, § 9302(d)(2)(E), added par. (5).

    Enacted provision · exact public law section
    (E) by adding at the end the following: “(5) Rulemaking.— The Secretary of State shall promulgate regulations defining the membership and operating procedures for the Security Review Committee and provide such guidance to the Chair and ranking members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.” ;

  17. Diplomatic Support and Security Act of 2022

    Pub. L. 117–263 § 9302(d)(3)(A) · 136 Stat. 2395

    Substituted · 22 U.S.C. § 4831(b)

    Pub. L. 117–263, § 9302(d)(3)(A), substituted “Security Review Committees” for “Boards” in heading

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 117–263, § 9302(d)(3)(A), substituted “Security Review Committees” for “Boards” in heading.

    Enacted provision · exact public law section
    (A) in the subsection heading, by striking “Boards” and inserting “Security Review Committees”; and

  18. Diplomatic Support and Security Act of 2022

    Pub. L. 117–263 § 9302(d)(3)(B) · 136 Stat. 2395

    Amended · 22 U.S.C. § 4831(b)(1)

    Pub. L. 117–263, § 9302(d)(3)(B), amended par. (1) generally. Prior to amendment, text read as follows: “Except as provided in paragraph (2), the Secretary of State shall convene a Board not later than 60 days after the occurrence of an incident described in subsection (a)(1), except that such 60-day period may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary for the convening of the Board.”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 117–263, § 9302(d)(3)(B), amended par. (1) generally. Prior to amendment, text read as follows: “Except as provided in paragraph (2), the Secretary of State shall convene a Board not later than 60 days after the occurrence of an incident described in subsection (a)(1), except that such 60-day period may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary for the convening of the Board.”

    Enacted provision · exact public law section
    (B) by amending paragraph (1) to read as follows: “(1) In general.— The Secretary of State shall convene a Security Review Committee not later than 60 days after the occurrence of an incident described in subsection (a)(1), or 60 days after the Department first becomes aware of such an incident, whichever is earlier, except that the 60-day period for convening a Security Review Committee may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary.” ; and

  19. Diplomatic Support and Security Act of 2022

    Pub. L. 117–263 § 9302(d)(4) · 136 Stat. 2395

    Amended · 22 U.S.C. § 4831(c)

    Pub. L. 117–263, § 9302(d)(4), amended subsec. (c) generally. Prior to amendment, text read as follows: “Whenever the Secretary of State convenes a Board, the Secretary shall promptly inform the chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives—

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 117–263, § 9302(d)(4), amended subsec. (c) generally. Prior to amendment, text read as follows: “Whenever the Secretary of State convenes a Board, the Secretary shall promptly inform the chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives—

    “(1) that a Board has been convened; “(2) of the membership of the Board; and “(3) of other appropriate information about the Board.”

    Enacted provision · exact public law section
    (4) by amending subsection (c) to read as follows: “(c) Congressional Notification.— Whenever the Secretary of State convenes a Security Review Committee, the Secretary shall promptly inform the chair and ranking member of— “(1) the Committee on Foreign Relations of the Senate; “(2) the Select Committee on Intelligence of the Senate; “(3) the Committee on Appropriations of the Senate; “(4) the Committee on Foreign Affairs of the House of Representatives; “(5) the Permanent Select Committee on Intelligence of the House of Representatives; and “(6) the Committee on Appropriations of the House of Representatives.” .

20 of 22 references resolved to an enrolled provision · 2 partial

Editorial Notes

Amendments1987–2022 · 5 rounds

2022

Pub. L. 117–263, § 9302(d)(1), substituted “Security Review Committees” for “Accountability Review Boards” in section catchline.

Subsec. (a)(1). Pub. L. 117–263, § 9302(d)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “Except as provided in paragraphs (2) and (3), in any case of serious injury, loss of life, or significant destruction of property at, or related to, a United States Government mission abroad, and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, which is covered by the provisions of this chapter (other than a facility or installation subject to the control of a United States area military commander), the Secretary of State shall convene an Accountability Review Board (in this subchapter referred to as the ‘Board’). The Secretary shall not convene a Board where the Secretary determines that a case clearly involves only causes unrelated to security.”

Subsec. (a)(2). Pub. L. 117–263, § 9302(d)(2)(C), added par. (2). Former par. (2) redesignated (3).

Subsec. (a)(3). Pub. L. 117–263, § 9302(d)(2)(D)(ii), (iii), substituted subpar. (A) designation, heading, introductory provisions, cls. (i) to (iii), and “(iv) in the case” for “The Secretary of State is not required to convene a Board in the case” and subpar. (B) designation, heading, and “In the case of an incident described in subparagraph (A)(iv)” for “In any such case”.

Pub. L. 117–263, § 9302(d)(2)(D)(i), substituted “Exceptions to convening a Security Review Committee” for “Department of Defense facilities and personnel” in heading.

Pub. L. 117–263, § 9302(d)(2)(B), redesignated par. (2) as (3). Former par. (3) redesignated (4).

Subsec. (a)(4). Pub. L. 117–263, § 9302(d)(2)(B), redesignated par. (3) as (4).

Subsec. (a)(5). Pub. L. 117–263, § 9302(d)(2)(E), added par. (5).

Subsec. (b). Pub. L. 117–263, § 9302(d)(3)(A), substituted “Security Review Committees” for “Boards” in heading.

Subsec. (b)(1). Pub. L. 117–263, § 9302(d)(3)(B), amended par. (1) generally. Prior to amendment, text read as follows: “Except as provided in paragraph (2), the Secretary of State shall convene a Board not later than 60 days after the occurrence of an incident described in subsection (a)(1), except that such 60-day period may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary for the convening of the Board.”

Subsec. (c). Pub. L. 117–263, § 9302(d)(4), amended subsec. (c) generally. Prior to amendment, text read as follows: “Whenever the Secretary of State convenes a Board, the Secretary shall promptly inform the chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives—

“(1) that a Board has been convened;

“(2) of the membership of the Board; and

“(3) of other appropriate information about the Board.”

2021

Subsec. (a)(3). Pub. L. 117–81, § 5316(1), substituted “Afghanistan, Yemen, Syria, and” for “Afghanistan and” in heading.

Subsec. (a)(3)(A)(i). Pub. L. 117–81, § 5316(2)(A), substituted “Afghanistan, Yemen, Syria, or” for “Afghanistan or”.

Subsec. (a)(3)(A)(ii). Pub. L. 117–81, § 5316(2)(B), substituted “beginning on , and ending on ” for “beginning on , and ending on ”.

2005

Subsec. (a)(1). Pub. L. 109–140, § 3(1), substituted “paragraphs (2) and (3)” for “paragraph (2)”.

Subsec. (a)(3). Pub. L. 109–140, § 3(2), added par. (3).

1999

Pub. L. 106–113 substituted “Review Boards” for “review” in section catchline and amended text generally. Prior to amendment, text read as follows: “In any case of serious injury, loss of life, or significant destruction of property at or related to a United States Government mission abroad, and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, which is covered by the provisions of this chapter (other than a facility or installation subject to the control of a United States area military commander), the Secretary of State shall convene an Accountability Review Board (hereafter in this subchapter referred to as the ‘Board’). With respect to breaches of security involving intelligence activities, the Secretary of State may delay establishing an Accountability Review Board if, after consultation with the Chairman of the Select Committee on Intelligence of the Senate and the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives, the Secretary determines that doing so would compromise intelligence sources and methods. The Secretary shall promptly advise the Chairmen of such committees of each determination pursuant to this section to delay the establishment of an Accountability Review Board. The Secretary shall not convene a Board where the Secretary determines that a case clearly involves only causes unrelated to security.”

1987

Pub. L. 100–204 inserted “, and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad,” after “mission abroad” in first sentence, and inserted after first sentence “With respect to breaches of security involving intelligence activities, the Secretary of State may delay establishing an Accountability Review Board if, after consultation with the Chairman of the Select Committee on Intelligence of the Senate and the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives, the Secretary determines that doing so would compromise intelligence sources and methods. The Secretary shall promptly advise the Chairmen of such committees of each determination pursuant to this section to delay the establishment of an Accountability Review Board.”

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, .

Security Review Committees for Certain Facilities

Pub. L. 118–159, div. G, title LXXVIII, § 7812(d), , 138 Stat. 2565, provided that: “The authority provided under section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3) [now 22 U.S.C. 4831(a)(4)]) shall remain in effect for facilities in Afghanistan and shall apply to facilities in Ukraine through , except that the notification and reporting requirements contained in such section shall include the appropriate congressional committees [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives], the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives.”

Similar provisions were contained in the following prior acts:

Pub. L. 117–263, div. I, title XCVIII, § 9802(e), , 136 Stat. 3924.

Pub. L. 117–103, div. K, title VII, § 7034(l)(8), , 136 Stat. 624.

Pub. L. 116–260, div. K, title VII, § 7034(l)(7), , 134 Stat. 1750.

Pub. L. 116–94, div. G, title VII, § 7034(l)(7), , 133 Stat. 2873.

Pub. L. 116–6, div. F, title VII, § 7034(m)(7), , 133 Stat. 327.

Pub. L. 115–141, div. K, title VII, § 7034(l)(8), , 132 Stat. 896.

Pub. L. 114–113, div. K, title VII, § 7034(k)(2), , 129 Stat. 2764.

Pub. L. 113–235, div. J, title VII, § 7034(l)(2), , 128 Stat. 2625.

Pub. L. 113–76, div. K, title VII, § 7034(m)(2), , 128 Stat. 515.

Pub. L. 112–74, div. I, title VII, § 7034(m)(2), , 125 Stat. 1216.

Pub. L. 111–117, div. F, title VII, § 7034(r), , 123 Stat. 3363.

Credits

1986–2022 · 6 acts
  1. 1986Pub. L. 99–399, title III, § 301, , 100 Stat. 859
  2. 1987Pub. L. 100–204, title I, § 156(a), , 101 Stat. 1354
  3. 1999Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VI, § 608], , 113 Stat. 1536, 1501A–458
  4. 2005Pub. L. 109–140, § 3, , 119 Stat. 2650
  5. 2021Pub. L. 117–81, div. E, title LIII, § 5316, , 135 Stat. 2366
  6. 2022Pub. L. 117–263, div. I, title XCIII, § 9302(d), , 136 Stat. 3884.
Show as published

(Pub. L. 99–399, title III, § 301, , 100 Stat. 859; Pub. L. 100–204, title I, § 156(a), , 101 Stat. 1354; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VI, § 608], , 113 Stat. 1536, 1501A–458; Pub. L. 109–140, § 3, , 119 Stat. 2650; Pub. L. 117–81, div. E, title LIII, § 5316, , 135 Stat. 2366; Pub. L. 117–263, div. I, title XCIII, § 9302(d), , 136 Stat. 3884.)

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