22 U.S.C. § 4823 — Special agents

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