22 U.S.C. § 4831 — Security Review Committees

Page 1616 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4823 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 applicable with re- spect to officials, offices, and bureaus of Department of State when executive orders, regulations, or depart- mental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title. § 4823. Special agents Special agent positions shall be filled in ac- cordance with the provisions of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) and title 5. In filling such positions, the Secretary of State shall actively recruit women and members of minority groups. The Secretary of State shall prescribe the qualifications required for assign- ment or appointment to such positions. The qualifications may include minimum and max- imum entry age restrictions and other physical standards and shall incorporate such standards as may be required by law in order to perform security functions, to bear arms, and to exercise investigatory, warrant, arrest, and such other authorities as are available by law to special agents of the Department of State and the For- eign Service. (Pub. L. 99–399, title II, § 203, Aug. 27, 1986, 100 Stat. 858; Pub. L. 103–236, title I, § 162(g)(9), Apr. 30, 1994, 108 Stat. 407.) Editorial Notes REFERENCES IN TEXT The Foreign Service Act of 1980, referred to in text, is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables. AMENDMENTS 1994—Pub. L. 103–236 amended section catchline to read ‘‘Special agents’’ and in text substituted ‘‘Special agent positions’’ for ‘‘Positions in the Diplomatic Secu- rity Service’’ and ‘‘The qualifications’’ for ‘‘In the case of positions designated for special agents, the qualifica- tions’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–236 applicable with re- spect to officials, offices, and bureaus of Department of State when executive orders, regulations, or depart- mental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title. § 4824. Contracting authority The Secretary of State is authorized to em- ploy individuals or organizations by contract to carry out the purposes of this Act, and individ- uals employed by contract to perform such serv- ices shall not by virtue of such employment be considered to be employees of the United States Government for purposes of any law adminis- tered by the Office of Personnel Management (except that the Secretary may determine the applicability to such individuals of any law ad- ministered by the Secretary concerning the em- ployment of such individuals); and such con- tracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making and performance of contracts and performance of work in the United States. (Pub. L. 99–399, title II, § 206, as added Pub. L. 105–277, div. C, title I, § 104, Oct. 21, 1998, 112 Stat. 2681–586.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 99–399, Aug. 27, 1986, 100 Stat. 853, known as the Omnibus Diplomatic Security and Antiterrorism Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 4801 of this title and Tables. SUBCHAPTER III—PERFORMANCE AND ACCOUNTABILITY § 4831. Security Review Committees (a) In general (1) Convening the Security Review Committee In any case of a serious security incident in- volving loss of life, serious injury, or signifi- cant destruction of property at, or related to, a United States Government diplomatic mis- sion 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 mis- sion abroad, the Secretary of State shall con- vene 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 Secu- rity Review Committee, which shall include— (A) the Director of the Office of Manage- ment 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 In- telligence and Research; (E) an Assistant Secretary-level represent- ative from any involved United States Gov- ernment department or agency; and (F) other personnel determined to be nec- essary 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 Page 1617 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4831 security, such as when the security at issue is outside of the scope of the Sec- retary of State’s security responsibilities under section 4802 of this title; (ii) if operational control of overseas se- curity functions has been delegated to an- other agency in accordance with section 4805 of this title; (iii) if the incident is a cybersecurity in- cident 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 Depart- ment of Defense with respect to which the Secretary has delegated operational con- trol 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 sub- paragraph (A)(iv), the Secretary of Defense shall conduct an appropriate inquiry. The Secretary of Defense shall report the find- ings 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 October 1, 2020, and ending on Sep- tember 30, 2022. (B) Reporting requirements In the case of an incident described in sub- paragraph (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 in- cident; (ii) conduct an inquiry of the incident; and (iii) upon completion of the inquiry re- quired 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 reg- ulations defining the membership and oper- ating procedures for the Security Review Com- mittee and provide such guidance to the Chair and ranking members of the Committee on Foreign Relations of the Senate and the Com- mittee on Foreign Affairs of the House of Rep- resentatives. (b) Deadlines for convening Security Review Committees (1) In general The Secretary of State shall convene a Secu- rity Review Committee not later than 60 days after the occurrence of an incident described in subsection (a)(1), or 60 days after the De- partment first becomes aware of such an inci- dent, 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 activi- ties With respect to breaches of security involv- ing 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 Sen- ate 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 com- promise intelligence sources or methods. The Secretary shall promptly advise the chairmen of such committees of each determination pur- suant to this paragraph to delay the establish- ment 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 In- telligence of the House of Representatives; and (6) the Committee on Appropriations of the House of Representatives. (Pub. L. 99–399, title III, § 301, Aug. 27, 1986, 100 Stat. 859; Pub. L. 100–204, title I, § 156(a), Dec. 22, 1987, 101 Stat. 1354; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VI, § 608], Nov. 29, 1999, 113 Stat. 1536, 1501A–458; Pub. L. 109–140, § 3, Dec. 22, 2005, 119 Stat. 2650; Pub. L. 117–81, div. E, title LIII, § 5316, Dec. 27, 2021, 135 Stat. 2366; Pub. L. 117–263, div. I, title XCIII, § 9302(d), Dec. 23, 2022, 136 Stat. 3884.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), was in the original ‘‘titles I through IV’’, meaning titles I through IV of Pub. L. 99–399, Aug. 27, 1986, 100 Stat. 855, known as the Diplomatic Security Act, which is classified principally to this chapter. For complete classification of titles I through IV of Pub. L. 99–399 to the Code, see Short Title note set out under section 4801 of this title and Tables. AMENDMENTS 2022—Pub. L. 117–263, § 9302(d)(1), substituted ‘‘Secu- rity Review Committees’’ for ‘‘Accountability Review Boards’’ in section catchline. Page 1618 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4831 Subsec. (a)(1). Pub. L. 117–263, § 9302(d)(2)(A), amended par. (1) generally. Prior to amendment, text read as fol- lows: ‘‘Except as provided in paragraphs (2) and (3), in any case of serious injury, loss of life, or significant de- struction of property at, or related to, a United States Government mission abroad, and in any case of a seri- ous 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 in- stallation subject to the control of a United States area military commander), the Secretary of State shall con- vene an Accountability Review Board (in this sub- chapter 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 se- curity.’’ 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, introduc- tory 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, head- ing, and ‘‘In the case of an incident described in sub- paragraph (A)(iv)’’ for ‘‘In any such case’’. Pub. L. 117–263, § 9302(d)(2)(D)(i), substituted ‘‘Excep- tions 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), redesig- nated 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 head- ing. Subsec. (b)(1). Pub. L. 117–263, § 9302(d)(3)(B), amended par. (1) generally. Prior to amendment, text read as fol- lows: ‘‘Except as provided in paragraph (2), the Sec- retary 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 Sec- retary determines that the additional period is nec- essary for the convening of the Board.’’ Subsec. (c). Pub. L. 117–263, § 9302(d)(4), amended sub- sec. (c) generally. Prior to amendment, text read as fol- lows: ‘‘Whenever the Secretary of State convenes a Board, the Secretary shall promptly inform the chair- man of the Committee on Foreign Relations of the Sen- ate 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), sub- stituted ‘‘Afghanistan, Yemen, Syria, and’’ for ‘‘Af- ghanistan and’’ in heading. Subsec. (a)(3)(A)(i). Pub. L. 117–81, § 5316(2)(A), sub- stituted ‘‘Afghanistan, Yemen, Syria, or’’ for ‘‘Afghani- stan or’’. Subsec. (a)(3)(A)(ii). Pub. L. 117–81, § 5316(2)(B), sub- stituted ‘‘beginning on October 1, 2020, and ending on September 30, 2022’’ for ‘‘beginning on October 1, 2005, and ending on September 30, 2009’’. 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 gen- erally. Prior to amendment, text read as follows: ‘‘In any case of serious injury, loss of life, or significant de- struction of property at or related to a United States Government mission abroad, and in any case of a seri- ous 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 in- stallation subject to the control of a United States area military commander), the Secretary of State shall con- vene 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 Ac- countability Review Board if, after consultation with the Chairman of the Select Committee on Intelligence of the Senate and the Chairman of the Permanent Se- lect Committee on Intelligence of the House of Rep- resentatives, 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 Account- ability 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 activi- ties of a foreign government directed at a United States Government mission abroad,’’ after ‘‘mission abroad’’ in first sentence, and inserted after first sen- tence ‘‘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 Chair- man of the Permanent Select Committee on Intel- ligence of the House of Representatives, the Secretary determines that doing so would compromise intel- ligence 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 Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. SECURITY REVIEW COMMITTEES FOR CERTAIN FACILITIES Pub. L. 118–159, div. G, title LXXVIII, § 7812(d), Dec. 23, 2024, 138 Stat. 2565, provided that: ‘‘The authority provided under section 301(a)(3) of the Omnibus Diplo- matic Security and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3) [now 22 U.S.C. 4831(a)(4)]) shall remain in ef- fect for facilities in Afghanistan and shall apply to fa- cilities in Ukraine through September 30, 2026, except that the notification and reporting requirements con- tained in such section shall include the appropriate congressional committees [Committee on Foreign Rela- tions of the Senate and Committee on Foreign Affairs of the House of Representatives], the Committee on Ap- propriations of the Senate, and the Committee on Ap- propriations of the House of Representatives.’’ Similar provisions were contained in the following prior acts: Pub. L. 117–263, div. I, title XCVIII, § 9802(e), Dec. 23, 2022, 136 Stat. 3924. Pub. L. 117–103, div. K, title VII, § 7034(l)(8), Mar. 15, 2022, 136 Stat. 624. Pub. L. 116–260, div. K, title VII, § 7034(l)(7), Dec. 27, 2020, 134 Stat. 1750. Pub. L. 116–94, div. G, title VII, § 7034(l)(7), Dec. 20, 2019, 133 Stat. 2873. Pub. L. 116–6, div. F, title VII, § 7034(m)(7), Feb. 15, 2019, 133 Stat. 327. Pub. L. 115–141, div. K, title VII, § 7034(l)(8), Mar. 23, 2018, 132 Stat. 896. Pub. L. 114–113, div. K, title VII, § 7034(k)(2), Dec. 18, 2015, 129 Stat. 2764. Pub. L. 113–235, div. J, title VII, § 7034(l)(2), Dec. 16, 2014, 128 Stat. 2625. Pub. L. 113–76, div. K, title VII, § 7034(m)(2), Jan. 17, 2014, 128 Stat. 515. Page 1619 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4833 Pub. L. 112–74, div. I, title VII, § 7034(m)(2), Dec. 23, 2011, 125 Stat. 1216. Pub. L. 111–117, div. F, title VII, § 7034(r), Dec. 16, 2009, 123 Stat. 3363. § 4832. Security Review Committee (a) Membership A Security Review Committee shall consist of five members, 4 appointed by the Secretary of State, and 1 appointed by the Director of Cen- tral Intelligence. The Secretary of State shall designate the Chairperson of the Security Re- view Committee. Members of the Security Re- view Committee who are not Federal officers or employees shall each be paid at a rate not to ex- ceed the maximum rate of basic pay payable for level GS–18 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Security Review Committee. Mem- bers of the Security Review Committee who are Federal officers or employees shall receive no additional pay by reason of such membership. (b) Facilities, services, supplies, and staff (1) Supplied by Department of State A Security Review Committee shall obtain facilities, services, and supplies through the Department of State. All expenses of the Secu- rity Review Committee, including necessary costs of travel, shall be paid by the Depart- ment of State. Travel expenses authorized under this paragraph shall be paid in accord- ance with subchapter I of chapter 57 of title 5 or other applicable law. (2) Detail At the request of a Security Review Com- mittee, employees of the Department of State or other Federal agencies, members of the Foreign Service, or members of the uniformed services may be temporarily assigned, with or without reimbursement, to assist the Security Review Committee. (3) Experts and consultants A Security Review Committee may employ and compensate (in accordance with section 3109 of title 5) such experts and consultants as the Security Review Committee considers nec- essary to carry out its functions. Experts and consultants so employed shall be responsible solely to the Security Review Committee. (Pub. L. 99–399, title III, § 302, Aug. 27, 1986, 100 Stat. 859; Pub. L. 117–263, div. I, title XCIII, § 9302(e), Dec. 23, 2022, 136 Stat. 3886.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, § 9302(e)(2), which directed sub- stitution of ‘‘a Security Review Committee’’ for ‘‘a Board’’ wherever appearing, was executed by making the substitution in subsec. (b)(2) and also substituting, wherever appearing, ‘‘A Security Review Committee’’ for ‘‘A Board’’ and ‘‘the Security Review Committee’’ for ‘‘the Board’’, wherever appearing, to reflect the probable intent of Congress. Pub. L. 117–263, § 9302(e)(1), substituted ‘‘Security Re- view Committee’’ for ‘‘Accountability Review Board’’ in section catchline. 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. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 4833. Serious Security Incident investigation process (a) Investigation process (1) Initiation upon reported incident A United States mission shall submit an ini- tial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investiga- tion of the incident shall be initiated. (2) Initial congressional notification The Secretary shall notify the Committee on Foreign Relations of the Senate, the Com- mittee on Foreign Affairs of the House of Rep- resentatives, the majority and minority lead- ers of the Senate, and the Speaker and minor- ity leader of the House of Representatives not later than 8 days after a possible Serious Secu- rity Incident has been identified by the De- partment. Such notification shall include a preliminary description of the incident, of an incident described in paragraph (1), including any known individuals involved, when and where the incident took place, and the next steps in the investigation. (3) Investigation Not later than 10 days after the submission of a report pursuant to paragraph (1), the Sec- retary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently es- tablish what occurred. Each investigation under this subsection shall cover— (A) an assessment of what occurred, who perpetrated or is suspected of having per- petrated the Serious Security Incident, and whether applicable security procedures were followed; (B) in the event the Serious Security Inci- dent involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on a known threat at the time of the incident; (C) if the incident involved an individual or group of officers, employees, or family