§ 4834. — Findings and recommendations by a Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4834]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 58--DIPLOMATIC SECURITY
SUBCHAPTER III--PERFORMANCE AND ACCOUNTABILITY
Sec. 4834. Findings and recommendations by a Board
(a) Findings
A Board convened in any case shall examine the facts and
circumstances surrounding the serious injury, loss of life, or
significant destruction of property at or related to a United States
Government mission abroad or surrounding the serious breach of security
involving intelligence activities of a foreign government directed at a
United States Government mission abroad (as the case may be) and shall
make written findings determining--
(1) the extent to which the incident or incidents with respect
to which the Board was convened was security related;
(2) whether the security systems and security procedures at that
mission were adequate;
(3) whether the security systems and security procedures were
properly implemented;
(4) the impact of intelligence and information availability; and
(5) such other facts and circumstances which may be relevant to
the appropriate security management of United States missions
abroad.
(b) Program recommendations
A Board shall submit its findings (which may be classified to the
extent deemed necessary by the Board) to the Secretary of State,
together with recommendations as appropriate to improve the security and
efficiency of any program or operation which the Board has reviewed.
(c) Personnel recommendations
Whenever a Board finds reasonable cause to believe that an
individual described in section 4833(a)(1)(B) of this title has breached
the duty of that individual, the Board shall--
(1) notify the individual concerned,
(2) transmit the finding of reasonable cause, together with all
information relevant to such finding, to the head of the appropriate
Federal agency or instrumentality, and
(3) recommend that such agency or instrumentality initiate an
appropriate investigatory or disciplinary action.
In determining whether an individual has breached a duty of that
individual, the Board shall take into account any standard of conduct,
law, rule, regulation, contract, or order which is pertinent to the
performance of the duties of that individual.
(d) Reports
(1) Program recommendations
In any case in which a Board transmits recommendations to the
Secretary of State under subsection (b) of this section, the
Secretary shall, not later than 90 days after the receipt of such
recommendations, submit a report to the Congress on each such
recommendation and the action taken with respect to that
recommendation.
(2) Personnel recommendations
In any case in which a Board transmits a finding of reasonable
cause under subsection (c) of this section, the head of the Federal
agency or instrumentality receiving the information shall review the
evidence and recommendations and shall, not later than 30 days after
the receipt of that finding, transmit to the Congress a report
specifying--
(A) the nature of the case and a summary of the evidence
transmitted by the Board; and
(B) the decision by the Federal agency or instrumentality to
take disciplinary or other appropriate action against that
individual or the reasons for deciding not to take disciplinary
or other action with respect to that individual.
(Pub. L. 99-399, title III, Sec. 304, Aug. 27, 1986, 100 Stat. 861; Pub.
L. 100-204, title I, Sec. 156(b), Dec. 22, 1987, 101 Stat. 1354.)
Amendments
1987--Subsec. (a). Pub. L. 100-204 inserted ``or surrounding the
serious breach of security involving intelligence activities of a
foreign government directed at a United States Government mission abroad
(as the case may be)'' after first reference to ``mission abroad''.
Section Referred to in Other Sections
This section is referred to in section 4833 of this title.
