22 USC 4833 - Serious Security Incident investigation process

Collapse to view only § 4833. Serious Security Incident investigation process

§ 4831. Security Review Committees
§ 4832. Security Review Committee
§ 4833. Serious Security Incident investigation process
§ 4834. Security Review Committee findings and report
§ 4835. Relation to other proceedings

§ 4831. Security Review Committees

(a) In general

(1) Convening the Security Review Committee

(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;

(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

(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

(b) Deadlines for convening Security Review Committees

(1) In general

(2) Delay in cases involving intelligence activities

(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.

(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, § 5316, Dec. 27, 2021, 135 Stat. 2366; Pub. L. 117–263, div. I, title XCIII, § 9302(d), Dec. 23, 2022, 136 Stat. 3884.)

§ 4832. Security Review Committee

(a) Membership

(b) Facilities, services, supplies, and staff

(1) Supplied by Department of State

(2) Detail

(3) Experts and consultants

(Pub. L. 99–399, title III, § 302, Aug. 27, 1986, 100 Stat. 859; Pub. L. 117–263, div. I, title XCIII, § 9302(e), Dec. 23, 2022, 136 Stat. 3886.)

§ 4833. Serious Security Incident investigation process

(a) Investigation process

(1) Initiation upon reported incident

(2) Investigation

Not later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover—

(A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed;

(B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on a known threat at the time of the incident;

(C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and

(D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident.

(3) Investigative team

(b) Report of Investigation

Not later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes—

(1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings;

(2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and

(3) a review of security procedures and directives in place at the time of the incident.

(Pub. L. 99–399, title III, § 303, Aug. 27, 1986, 100 Stat. 859; Pub. L. 117–263, div. I, title XCIII, § 9302(f), Dec. 23, 2022, 136 Stat. 3886; Pub. L. 117–286, § 4(a)(170), Dec. 27, 2022, 136 Stat. 4324.)

§ 4834. Security Review Committee findings and report

(a) FindingsThe Security Review Committee shall—

(1) review the Report of Investigation prepared pursuant to section 4833(b) of this title, and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and

(2) determine, in writing—

(A) whether the incident was security related and constituted a Serious Security Incident;

(B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility—

(i) whether the security systems, security countermeasures, and security procedures operated as intended; and

(ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack;

(C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty;

(D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and

(E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad.

(b) Report

(1) Submission to Secretary of StateNot later than 60 days after receiving the Report of Investigation prepared pursuant to section 4833(b) of this title, the Security Review Committee shall submit a report to the Secretary of State that includes—

(A) the findings described in subsection (a); and

(B) any related recommendations.

(2) Submission to CongressNot later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to—

(A) the Committee on Foreign Relations of the Senate;

(B) the Select Committee on Intelligence of the Senate;

(D) the Committee on Foreign Affairs of the House of Representatives;

(E) the Permanent Select Committee on Intelligence of the House of Representatives; and

(F) the Committee on Appropriations of the House of Representatives.

(Pub. L. 99–399, title III, § 304, Aug. 27, 1986, 100 Stat. 861; Pub. L. 100–204, title I, § 156(b), Dec. 22, 1987, 101 Stat. 1354; Pub. L. 114–323, title I, § 104(a), Dec. 16, 2016, 130 Stat. 1909; Pub. L. 117–263, div. I, title XCIII, § 9302(g), Dec. 23, 2022, 136 Stat. 3887.)

§ 4835. Relation to other proceedings

(a) No effect on existing remedies or defenses

(b) Future inquiries

(Pub. L. 99–399, title III, § 305, Aug. 27, 1986, 100 Stat. 862; Pub. L. 117–263, div. I, title XCIII, § 9302(h), Dec. 23, 2022, 136 Stat. 3888.)