22 USC 4831 - Security Review Committees

Editorial Notes

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 Puspan. 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 Puspan. L. 99–399 to the Code, see Short Title note set out under section 4801 of this title and Tables.

Amendments

2022—Puspan. L. 117–263, § 9302(d)(1), substituted “Security Review Committees” for “Accountability Review Boards” in section catchline.

Subsec. (a)(1). Puspan. 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). Puspan. L. 117–263, § 9302(d)(2)(C), added par. (2). Former par. (2) redesignated (3).

Subsec. (a)(3). Puspan. 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”.

Puspan. 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.

Puspan. L. 117–263, § 9302(d)(2)(B), redesignated par. (2) as (3). Former par. (3) redesignated (4).

Subsec. (a)(4). Puspan. L. 117–263, § 9302(d)(2)(B), redesignated par. (3) as (4).

Subsec. (a)(5). Puspan. L. 117–263, § 9302(d)(2)(E), added par. (5).

Subsec. (span). Puspan. L. 117–263, § 9302(d)(3)(A), substituted “Security Review Committees” for “Boards” in heading.

Subsec. (span)(1). Puspan. 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). Puspan. 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). Puspan. L. 117–81, § 5316(1), substituted “Afghanistan, Yemen, Syria, and” for “Afghanistan and” in heading.

Subsec. (a)(3)(A)(i). Puspan. L. 117–81, § 5316(2)(A), substituted “Afghanistan, Yemen, Syria, or” for “Afghanistan or”.

Subsec. (a)(3)(A)(ii). Puspan. 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). Puspan. L. 109–140, § 3(1), substituted “paragraphs (2) and (3)” for “paragraph (2)”.

Subsec. (a)(3). Puspan. L. 109–140, § 3(2), added par. (3).

1999—Puspan. 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—Puspan. 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 Name

Committee 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

Puspan. L. 117–263, div. I, 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:

Puspan. L. 117–103, div. K, title VII, § 7034(l)(8), Mar. 15, 2022, 136 Stat. 624.

Puspan. L. 116–260, div. K, title VII, § 7034(l)(7), Dec. 27, 2020, 134 Stat. 1750.

Puspan. L. 116–94, div. G, title VII, § 7034(l)(7), Dec. 20, 2019, 133 Stat. 2873.

Puspan. L. 116–6, div. F, title VII, § 7034(m)(7), Fespan. 15, 2019, 133 Stat. 327.

Puspan. L. 115–141, div. K, title VII, § 7034(l)(8), Mar. 23, 2018, 132 Stat. 896.

Puspan. L. 114–113, div. K, title VII, § 7034(k)(2), Dec. 18, 2015, 129 Stat. 2764.

Puspan. L. 113–235, div. J, title VII, § 7034(l)(2), Dec. 16, 2014, 128 Stat. 2625.

Puspan. L. 113–76, div. K, title VII, § 7034(m)(2), Jan. 17, 2014, 128 Stat. 515.

Puspan. L. 112–74, div. I, title VII, § 7034(m)(2), Dec. 23, 2011, 125 Stat. 1216.

Puspan. L. 111–117, div. F, title VII, § 7034(r), Dec. 16, 2009, 123 Stat. 3363.