22 U.S.C. § 4834 — Security Review Committee findings and

Page 1620 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4834 members under Chief of Mission security re- sponsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper se- curity briefings and procedures were in place and whether weighing of risk of the oper- ation or movement took place; and (D) an assessment of whether the failure of any officials or employees to follow proce- dures or perform their duties contributed to the security incident. (4) Investigative team The investigative team assembled pursuant to paragraph (3) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the in- vestigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome. (b) Report of Investigation Not later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Se- curity Review Committee that includes— (1) a detailed description of the matters set forth in subparagraphs (A) through (D) of sub- section (a)(2), including all related findings; (2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and (3) a review of security procedures and direc- tives in place at the time of the incident. (c) Confidentiality The investigative team investigating a Seri- ous Security Incident shall adopt such proce- dures with respect to confidentiality as deter- mined necessary, including procedures relating to the conduct of closed proceedings or the sub- mission and use of evidence in camera, to ensure in particular the protection of classified infor- mation relating to national defense, foreign pol- icy, or intelligence matters. The Director of Na- tional Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence per- sonnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 4834(b) of this title, and shall incorporate the same con- fidentiality measures in such report to the max- imum extent practicable. (Pub. L. 99–399, title III, § 303, Aug. 27, 1986, 100 Stat. 859; Pub. L. 117–263, div. I, title XCIII, § 9302(f), Dec. 23, 2022, 136 Stat. 3886; Pub. L. 117–286, § 4(a)(170), Dec. 27, 2022, 136 Stat. 4324; Pub. L. 118–159, div. G, title LXXV, § 7502, Dec. 23, 2024, 138 Stat. 2545.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(2) to (4). Pub. L. 118–159, which di- rected amendment of ‘‘section 301(a)’’ of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 by adding par. (2), redesignating former pars. (2) and (3) as (3) and (4), respectively, and substituting ‘‘paragraph (3)’’ for ‘‘paragraph (2)’’ in par. (4), was executed to sub- sec. (a) of this section, which is section 303 of the Omni- bus Diplomatic Security and Antiterrorism Act of 1986, to reflect the probable intent of Congress. 2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to procedures as to evi- dence, confidentiality, and records of Accountability Review Boards, and also to the status of the Boards. Subsec. (d). Pub. L. 117–286, which directed substi- tution of ‘‘chapter 10 of title 5’’ for ‘‘the Federal Advi- sory Committee Act (5 U.S.C. App. 1 et seq.)’’, could not be executed in light of the intervening general amend- ment of this section by Pub. L. 117–263. See Amendment note above. As so amended, section no longer included a subsec. (d) or a reference elsewhere to the Federal Ad- visory Committee Act. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense. § 4834. Security Review Committee findings and report (a) Findings The Security Review Committee shall— (1) review the Report of Investigation pre- pared pursuant to section 4833(b) of this title, and all other evidence, reporting, and relevant information relating to a Serious Security In- cident at a United States mission abroad, in- cluding an examination of the facts and cir- cumstances surrounding any serious injuries, loss of life, or significant destruction of prop- erty resulting from the incident; and (2) determine, in writing— (A) whether the incident was security re- lated and constituted a Serious Security In- cident; (B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility— (i) whether the security systems, secu- rity countermeasures, and security proce- dures operated as intended; and (ii) whether such systems worked to ma- terially 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 in- cident unless the Security Review Com- mittee determines that an official breached his or her duty; Page 1621 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4851 (D) the impact of intelligence and informa- tion availability, and whether the mission was aware of the general operating threat environment or any more specific threat in- telligence 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 4833(b) of this title, the Security Re- view Committee shall submit a report to the Secretary of State that includes— (A) the findings described in subsection (a); and (B) any related recommendations. (2) Submission to Congress Not later than 90 days after receiving the re- port 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 4833 of this title, the investigative team finds reasonable cause to believe any indi- vidual described in section 4833(a)(2)(D) of this title 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 Secu- rity Review Committee. If the Security Review Committee finds reasonable cause to support the determination, it shall be reported to the Sec- retary for appropriate action. (Pub. L. 99–399, title III, § 304, Aug. 27, 1986, 100 Stat. 861; Pub. L. 100–204, title I, § 156(b), Dec. 22, 1987, 101 Stat. 1354; Pub. L. 114–323, title I, § 104(a), Dec. 16, 2016, 130 Stat. 1909; Pub. L. 117–263, div. I, title XCIII, § 9302(g), Dec. 23, 2022, 136 Stat. 3887.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to findings and rec- ommendations by an Accountability Review Board. 2016—Subsec. (c). Pub. L. 114–323, § 104(a)(3), in con- cluding provisions, substituted ‘‘has engaged in mis- conduct or unsatisfactorily performed the duties of em- ployment of that individual as described in this sub- section’’ for ‘‘has breached a duty of that individual’’ and struck out ‘‘to the performance of the duties of that individual’’ after ‘‘pertinent’’. 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 contrib- uted to the serious injury, loss of life, or significant de- struction of property, or the serious breach of security that is the subject of the Board’s examination as de- scribed in subsection (a)’’ for ‘‘has breached the duty of that individual’’. Subsec. (c)(2). Pub. L. 114–323, § 104(a)(2), substituted ‘‘findings’’ for ‘‘finding’’ in two places. 1987—Subsec. (a). Pub. L. 100–204 inserted ‘‘or sur- rounding the serious breach of security involving intel- ligence activities of a foreign government directed at a United States Government mission abroad (as the case may be)’’ after first reference to ‘‘mission abroad’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–323, title I, § 104(b), Dec. 16, 2016, 130 Stat. 1910, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply with re- spect to any Accountability Review Board that is con- vened 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].’’ § 4835. Relation to other proceedings (a) No effect on existing remedies or defenses Nothing in this subchapter shall be construed to create administrative or judicial review rem- edies or rights of action not otherwise available by law, nor shall any provision of this sub- chapter be construed to deprive any person of any right or legal defense which would other- wise be available to that person under any law, rule, or regulation. (b) Future inquiries Nothing in this subchapter may be construed to preclude the Secretary of State from con- vening a follow-up public board of inquiry to in- vestigate any security incident if the incident was of such magnitude or significance that an internal process is deemed insufficient to under- stand and investigate the incident. All materials gathered during the procedures provided under this subchapter shall be provided to any related board of inquiry convened by the Secretary. (Pub. L. 99–399, title III, § 305, Aug. 27, 1986, 100 Stat. 862; Pub. L. 117–263, div. I, title XCIII, § 9302(h), Dec. 23, 2022, 136 Stat. 3888.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). SUBCHAPTER IV—DIPLOMATIC SECURITY PROGRAM § 4851. Authorization (a) Diplomatic security program (1) In general In addition to amounts otherwise available for such purposes, the following amounts are authorized to be appropriated for fiscal years 1986 and 1987, for the Department of State to