22-U.S.C.-4834
§4834 – Findings and Recommendations By A Board
Pathway
Title 22 > Chapter 58 > Subchapter III > Section 4834
Details
- Reference: Section 4834
- Legend: §4834 – Findings and Recommendations By A Board
- USCode Year: 2013
Provision Content
(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, §304, Aug. 27, 1986, 100 Stat. 861; Pub. L. 100–204, title I, §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.
U.S. Encyclopedia of Law Coverage
Subchapter II – Personnel in the Legal Encyclopedia: Foreign Relations
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Title 22 – Foreign Relations And Intercourse in the Legal Encyclopedia: Diplomacy
In this entry about Title 22 – Foreign Relations And Intercourse, find legal reference material, bibliographies and premiere content related to diplomacy in the American Encyclopedia of Law, presenting a comprehensive view of the United States diplomacy-specific issues, written by authorities in the field.
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