§ 4834. Security Review Committee findings and report

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. 1986

   Omnibus Diplomatic Security and Antiterrorism Act of 1986

   Pub. L. 99–399 title III § 304 · 100 Stat. 853

   Enacted · 22 U.S.C. § 4834

   Pub. L. 99–399, title III, § 304, Aug. 27, 1986, 100 Stat. 861

   Source evidence

   Code source credit
   Pub. L. 99–399, title III, § 304, Aug. 27, 1986, 100 Stat. 861

   Enacted provision · exact public law section
   SEC. 304. FINDINGS AND RECOMMENDATIONS BY A BOARD. (a) Findings.— A Board convened in any case shall examine the Health and medical care. Real property. Gifts and property. 22 USC 4834. facts and circumstances surrounding the serious injury, loss of life, or significant destruction of property at or related to a United States Government mission abroad and shall make written findings determining— (1) the extent to which the incident or incidents with respect to which the Board was convened was security related; (2) whether the security systems and security procedures at that mission were adequate; (3) whether the security systems and security procedures were properly implemented; (4) the impact of intelligence and information availability; and (5) such other facts and circumstances which may be relevant to the appropriate security management of United States missions abroad. (b) Program Recommendations.— A Board shall submit its findings (which may be classified to the extent deemed necessary by the Board) to the Secretary of State, together with recommendations as appropriate to improve the security and efficiency of any program or operation which the Board has reviewed. (c) Personnel Recommendations.— Whenever a Board finds Law enforcement and crime. reasonable cause to believe that an individual described in section 303(a)(1)(B) has breached the duty of that individual, the Board shall— (1) notify the individual concerned, (2) transmit the finding of reasonable cause, together with all information relevant to such finding, to the head of the appropriate Federal agency or instrumentality, and (3) recommend that such agency or instrumentality initiate an appropriate investigatory or disciplinary action. In determining whether an individual has breached a duty of that individual, the Board shall take into account any standard of conduct, law, rule, regulation, contract, or order which is pertinent to the performance of the duties of that individual. (d) Reports.— (1) Program recommendations.— In any case in which a Board transmits recommendations to the Secretary of State under subsection (b), the Secretary shall, not later than 90 days after the receipt of such recommendations, submit a report to the Congress on each such recommendation and the action taken with respect to that recommendation. (2) Personnel recommendations.— In any case in which a Board transmits a finding of reasonable cause under subsection (c), the head of the Federal agency or instrumentality receiving the information shall review the evidence and recommendations and shall, not later than 30 days after the receipt of that finding, transmit to the Congress a report specifying— (A) the nature of the case and a summary of the evidence transmitted by the Board; and (B) the decision by the Federal agency or instrumentality to take disciplinary or other appropriate action against that individual or the reasons for deciding not to take disciplinary or other action with respect to that individual.

2. 1987

   Foreign Relations Authorization Act, Fiscal Years 1988 and 1989

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

   Inserted · 22 U.S.C. § 4834(a)

   Pub. L. 100–204 inserted “or surrounding the serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad (as the case may be)” after first reference to “mission abroad”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–204 inserted “or surrounding the serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad (as the case may be)” after first reference to “mission abroad”.

   Enacted provision · exact public law section
   (b) Board Findings.— Section 304(a) of that Act (22 U.S.C. 4834(a)) is amended by inserting “or surrounding the serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad (as the case may be)” after “mission abroad” the first place it appears.

3. 2016

   Department of State Authorities Act, Fiscal Year 2017

   Pub. L. 114–323 § 104(a)(3) · 130 Stat. 1905

   1. Substituted · 22 U.S.C. § 4834(c)

      Pub. L. 114–323, § 104(a)(3), in concluding provisions, substituted “has engaged in misconduct or unsatisfactorily performed the duties of employment of that individual as described in this subsection” for “has breached a duty of that individual”

   2. Struck · 22 U.S.C. § 4834(c)

      Pub. L. 114–323, § 104(a)(3), in concluding provisions, struck out “to the performance of the duties of that individual” after “pertinent”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 114–323, § 104(a)(3), in concluding provisions, substituted “has engaged in misconduct or unsatisfactorily performed the duties of employment of that individual as described in this subsection” for “has breached a duty of that individual” and struck out “to the performance of the duties of that individual” after “pertinent”.

   Enacted provision · exact public law section
   (3) in the matter following paragraph (3)— (A) by striking “has breached a duty of that individual” and inserting “has engaged in misconduct or unsatisfactorily performed the duties of employment of that individual as described in this subsection”; and (B) by striking “to the performance of the duties of that individual”.

   Effective date note
   Pub. L. 114–323, title I, § 104(b), Dec. 16, 2016, 130 Stat. 1910, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to any Accountability Review Board that is convened under section 301 of the Diplomatic Security Act (22 U.S.C. 4831) on or after the date of the enactment of this Act [Dec. 16, 2016].”

4. 2016

   Department of State Authorities Act, Fiscal Year 2017

   Pub. L. 114–323 § 104(a)(1) · 130 Stat. 1905

   1. Substituted · 22 U.S.C. § 4834(c)

      Pub. L. 114–323, § 104(a)(1), in introductory provisions, substituted “If” for “Whenever”

   2. Substituted · 22 U.S.C. § 4834(c)

      Pub. L. 114–323, § 104(a)(1), in introductory provisions, substituted “has engaged in misconduct or unsatisfactorily performed the duties of employment of that individual, and such misconduct or unsatisfactory performance has significantly contributed to the serious injury, loss of life, or significant destruction of property, or the serious breach of security that is the subject of the Board’s examination as described in subsection (a)” for “has breached the duty of that individual”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 114–323, § 104(a)(1), in introductory provisions, substituted “If” for “Whenever” and “has engaged in misconduct or unsatisfactorily performed the duties of employment of that individual, and such misconduct or unsatisfactory performance has significantly contributed to the serious injury, loss of life, or significant destruction of property, or the serious breach of security that is the subject of the Board’s examination as described in subsection (a)” for “has breached the duty of that individual”.

   Enacted provision · exact public law section
   (1) in the matter preceding paragraph (1)— (A) by striking “Whenever” and inserting “If”; and (B) by striking “has breached the duty of that individual” and inserting “has engaged in misconduct or unsatisfactorily performed the duties of employment of that individual, and such misconduct or unsatisfactory performance has significantly contributed to the serious injury, loss of life, or significant destruction of property, or the serious breach of security that is the subject of the Board’s examination as described in subsection (a)”;

   Effective date note
   Pub. L. 114–323, title I, § 104(b), Dec. 16, 2016, 130 Stat. 1910, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to any Accountability Review Board that is convened under section 301 of the Diplomatic Security Act (22 U.S.C. 4831) on or after the date of the enactment of this Act [Dec. 16, 2016].”

5. 2016

   Department of State Authorities Act, Fiscal Year 2017

   Pub. L. 114–323 § 104(a)(2) · 130 Stat. 1905

   Substituted · 22 U.S.C. § 4834(c)(2)

   Pub. L. 114–323, § 104(a)(2), substituted “findings” for “finding” in two places

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 114–323, § 104(a)(2), substituted “findings” for “finding” in two places.

   Enacted provision · exact public law section
   (2) in paragraph (2), by striking “finding” each place it appears and inserting “findings”; and

   Effective date note
   Pub. L. 114–323, title I, § 104(b), Dec. 16, 2016, 130 Stat. 1910, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to any Accountability Review Board that is convened under section 301 of the Diplomatic Security Act (22 U.S.C. 4831) on or after the date of the enactment of this Act [Dec. 16, 2016].”

6. 2022

   Diplomatic Support and Security Act of 2022

   Pub. L. 117–263 div. I title XCIII § 9302(g) · 136 Stat. 2395

   Amended · 22 U.S.C. § 4834

   Pub. L. 117–263 amended section generally. Prior to amendment, section related to findings and recommendations by an Accountability Review Board

   Source evidence

   Code amendment note
   Pub. L. 117–263 amended section generally. Prior to amendment, section related to findings and recommendations by an Accountability Review Board.

   Enacted provision · exact public law section
   (g) Findings and Recommendations of the Security Review Committee.— Section 304 of the Diplomatic Security Act of 1986 (22 U.S.C. 4834) is amended to read as follows: “SEC. 304. SECURITY REVIEW COMMITTEE FINDINGS AND REPORT. “(a) Findings.— The Security Review Committee shall— “(1) Examination. review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and “(2) Determinations. determine, in writing— “(A) whether the incident was security related and constituted a Serious Security Incident; “(B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility— “(i) whether the security systems, security countermeasures, and security procedures operated as intended; and “(ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack; “(C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty; “(D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and “(E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad. “(b) Report.— “(1) Submission to secretary of state.— Not later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes— “(A) the findings described in subsection (a); and “(B) Recommenda- tions. any related recommendations. “(2) Submission to congress.— Not later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to— “(A) the Committee on Foreign Relations of the Senate; “(B) the Select Committee on Intelligence of the Senate; “(C) the Committee on Appropriations of the Senate; “(D) the Committee on Foreign Affairs of the House of Representatives; “(E) the Permanent Select Committee on Intelligence of the House of Representatives; and “(F) the Committee on Appropriations of the House of Representatives. “(c) Personnel Recommendations.— If in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the Security Review Committee. If the Security Review Committee finds reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action.” .

8 of 8 references resolved to an enrolled provision