22 U.S.C. § 4831

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 4831 - Security Review Committees

(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 October 1, 2020, and ending on September 30, 2022.

(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.

22 U.S.C. § 4831

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, §53165316,, 135 Stat. 2366; Pub. L. 117-263 title XCIII, §9302(d), Dec. 23, 2022, 136 Stat. 3884.

EDITORIAL NOTES

REFERENCES IN TEXTThis 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.

AMENDMENTS2022- 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 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 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 NAMECommittee 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, Jan. 5, 2007.

SECURITY REVIEW COMMITTEES FOR CERTAIN FACILITIES Pub. L. 117-263 title XCVIII, §9802(e), Dec. 23, 2022, 136 Stat. 3924, provided that: "The authority provided under section 301(a)(3) [now 301(a)(4)] 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 September 30, 2024, 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. 117-103, 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. 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.