§ 4833. — Procedures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4833]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 58--DIPLOMATIC SECURITY
SUBCHAPTER III--PERFORMANCE AND ACCOUNTABILITY
Sec. 4833. Procedures
(a) Evidence
(1) United States Government personnel and contractors
(A) With respect to any individual described in subparagraph
(B), a Board may--
(i) administer oaths and affirmations;
(ii) require that depositions be given and interrogatories
answered; and
(iii) require the attendance and presentation of testimony
and evidence by such individual.
Failure of any such individual to comply with a request of the Board
shall be grounds for disciplinary action by the head of the Federal
agency in which such individual is employed or serves, or in the
case of a contractor, debarment.
(B) The individuals referred to in subparagraph (A) are--
(i) employees as defined by section 2105 of title 5
(including members of the Foreign Service);
(ii) members of the uniformed services as defined by section
101(3) of title 37;
(iii) employees of instrumentalities of the United States;
and
(iv) individuals employed by any person or entity under
contract with agencies or instrumentalities of the United States
Government to provide services, equipment, or personnel.
(2) Other persons
With respect to a person who is not described in paragraph
(1)(B), a Board may administer oaths and affirmations and require
that depositions be given and interrogatories answered.
(3) Subpoenas
(A) The Board may issue a subpoena for the attendance and
testimony of any person (other than a person described in clause
(i), (ii), or (iii) of paragraph (1)(B)) and the production of
documentary or other evidence from any such person if the Board
finds that such a subpoena is necessary in the interests of justice
for the development of relevant evidence.
(B) In the case of contumacy or refusal to obey a subpoena
issued under this paragraph, a court of the United States within the
jurisdiction of which a person is directed to appear or produce
information, or within the jurisdiction of which the person is
found, resides, or transacts business, may upon application of the
Attorney General, issue to such person an order requiring such
person to appear before the Board to give testimony or produce
information as required by the subpoena.
(C) Subpoenaed witnesses shall be paid the same fee and mileage
allowances which are paid subpoenaed witnesses in the courts of the
United States.
(b) Confidentiality
A Board shall adopt for administrative proceedings under this
subchapter such procedures with respect to confidentiality as may be
deemed necessary, including procedures relating to the conduct of closed
proceedings or the submission and use of evidence in camera, to ensure
in particular the protection of classified information relating to
national defense, foreign policy, or intelligence matters. The Director
of Central Intelligence shall establish the level of protection required
for intelligence information and for information relating to
intelligence personnel, including standards for secure storage.
(c) Records
Records pertaining to administrative proceedings under this
subchapter shall be separated from all other records of the Department
of State and shall be maintained under appropriate safeguards to
preserve confidentiality and classification of information. Such records
shall be prohibited from disclosure to the public until such time as a
Board completes its work and is dismissed. The Department of State shall
turn over to the Director of Central Intelligence intelligence
information and information relating to intelligence personnel which
shall then become records of the Central Intelligence Agency. After that
time, only such exemptions from disclosure under section 552(b) of title
5 (relating to freedom of information), as apply to other records of the
Department of State, and to any information transmitted under section
4834(c) of this title to the head of a Federal agency or
instrumentality, shall be available for the remaining records of the
Board.
(d) Status of Boards
The provisions of the Federal Advisory Committee Act (5 U.S.C. App.
1 et seq.) and section 552b of title 5 (relating to open meetings) shall
not apply to any Board.
(Pub. L. 99-399, title III, Sec. 303, Aug. 27, 1986, 100 Stat. 859.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (d), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
in the Appendix to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in section 4834 of this title.
