§ 4831. — Accountability Review Boards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4831]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 58--DIPLOMATIC SECURITY
SUBCHAPTER III--PERFORMANCE AND ACCOUNTABILITY
Sec. 4831. Accountability Review Boards
(a) In general
(1) Convening a Board
Except as provided in paragraph (2), 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.
(2) Department of Defense facilities and personnel
The Secretary of State is not required to convene a Board 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. In any such case, 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.
(b) Deadlines for convening Boards
(1) In general
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) of this section, 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.
(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) Notification to Congress
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.
(Pub. L. 99-399, title III, Sec. 301, Aug. 27, 1986, 100 Stat. 859; Pub.
L. 100-204, title I, Sec. 156(a), Dec. 22, 1987, 101 Stat. 1354; Pub. L.
106-113, div. B, Sec. 1000(a)(7) [div. A, title VI, Sec. 608], Nov. 29,
1999, 113 Stat. 1536, 1501A-458.)
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
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.''
