
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
