Page 1157 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4834

to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure

in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of

Central Intelligence shall establish the level of

protection required for intelligence information

and for information relating to intelligence personnel, including standards for secure storage.

(c) Records

Records pertaining to administrative proceedings under this subchapter shall be separated

from all other records of the Department of

State and shall be maintained under appropriate

safeguards to preserve confidentiality and classification of information. Such records shall be

prohibited from disclosure to the public until

such time as a Board completes its work and is

dismissed. The Department of State shall turn

over to the Director of Central Intelligence intelligence information and information relating

to intelligence personnel which shall then become records of the Central Intelligence Agency.

After that time, only such exemptions from disclosure under section 552(b) of title 5 (relating to

freedom of information), as apply to other

records of the Department of State, and to any

information transmitted under section 4834(c) of

this title to the head of a Federal agency or instrumentality, shall be available for the remaining records of the Board.

(d) Status of Boards

The provisions of the Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) and section

552b of title 5 (relating to open meetings) shall

not apply to any Board.

(Pub. L. 99–399, title III, §303, Aug. 27, 1986, 100

Stat. 859.)

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in

subsec. (d), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as

amended, which is set out in the Appendix to Title 5,

Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4834 of this title.

§ 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, §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’’.
§ 4835 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1158

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4833 of this title.

§ 4835. Relation to other proceedings

Nothing in this subchapter shall be construed

to create administrative or judicial review remedies or rights of action not otherwise available

by law, nor shall any provision of this subchapter be construed to deprive any person of

any right or legal defense which would otherwise be available to that person under any law,

rule, or regulation.

(Pub. L. 99–399, title III, §305, Aug. 27, 1986, 100

Stat. 862.)

SUBCHAPTER IV—DIPLOMATIC SECURITY

PROGRAM

§ 4851. Authorization

(a) Diplomatic security program

(1) In general

In addition to amounts otherwise available

for such purposes, the following amounts are

authorized to be appropriated for fiscal years

1986 and 1987, for the Department of State to

carry out diplomatic security construction,

acquisition, and operations pursuant to the

Department of State’s Supplemental Diplomatic Security Program, as justified to the

Congress for the respective fiscal year for ‘‘Administration of Foreign Affairs’’, as follows:

(A) For ‘‘Salaries and Expenses’’,

$308,104,000.

(B) For ‘‘Acquisition and Maintenance of

Buildings Abroad’’, $857,806,000.

(C) For ‘‘Counterterrorism Research and

Development’’, $15,000,000.

(2) Omitted

(3) Repealed. Pub. L. 103–236, title I, § 101(c),

Apr. 30, 1994, 108 Stat. 388

(4) Allocation of amounts authorized to be appropriated

Amounts authorized to be appropriated by

this subsection, and by the amendment made

by paragraph (2), shall be allocated as provided

in the table entitled ‘‘Diplomatic Security

Program’’ relating to this section which appears in the Joint Explanatory Statement of

the Committee of Conference to accompany

H.R. 4151 of the 99th Congress (the Omnibus

Diplomatic Security and Antiterrorism Act of

1986).

(b) Notification to authorizing Committees of requests for appropriations

In any fiscal year, whenever the Secretary of

State submits to the Congress a request for appropriations to carry out the program described

in subsection (a) of this section, the Secretary

shall notify the Committee on Foreign Affairs of

the House of Representatives and the Committee on Foreign Relations of the Senate of such

request, together with a justification of each

item listed in such request.

(c) Repealed. Pub. L. 103–236, title I, § 122(b), Apr.

30, 1994, 108 Stat. 392

(d) Prohibition on reallocations of authorizations

Section 2696(d) of this title shall not apply

with respect to any amounts authorized to be

appropriated under this section.

(e) Security requirements of other foreign affairs

agencies

Based solely on security requirements and

within the total amount of funds available for

security, the Secretary of State shall ensure

that an equitable level of funding is provided for

the security requirements of other foreign affairs agencies.

(f) Insufficiency of funds

In the event that sufficient funds are not

available in any fiscal year for all of the diplomatic security construction, acquisition, and

operations pursuant to the Department of

State’s Supplemental Diplomatic Security Program, as justified to the Congress for such fiscal

year, the Secretary of State shall report to the

Congress the effect that the insufficiency of

funds will have with respect to the Department

of State and each of the other foreign affairs

agencies.

(g) Allocation of funds for certain security programs

Of the amount of funds authorized to be appropriated by subsection (a)(1)(A) of this section,

$34,537,000 shall be available to the Secretary of

State only for the protection of classified office

equipment, the expansion of information systems security, and the hiring of American systems managers and operators for computers at

high threat locations.

(h) Furniture, furnishings, and equipment

(1) Use of existing furniture, furnishings, and

equipment

If physically possible, facilities constructed

or acquired pursuant to subsection (a) of this

section shall be furnished and equipped with

the furniture, furnishings, and equipment that

were being used in the facilities being replaced, rather than with newly acquired furniture, furnishings, and equipment.

(2) Omitted

(3) Repealed. Pub. L. 103–236, title I, § 122(b),

Apr. 30, 1994, 108 Stat. 392

(Pub. L. 99–399, title IV, §401, Aug. 27, 1986, 100

Stat. 862; Pub. L. 100–204, title I, §101(c), Dec. 22,

1987, 101 Stat. 1336; Pub. L. 103–236, title I,

§§101(c), 122(b), Apr. 30, 1994, 108 Stat. 388, 392.)

REFERENCES IN TEXT

The amendment made by paragraph (2), referred to in

subsec. (a)(4), is the amendment made by section

401(a)(2) of Pub. L. 99–399 to section 2349aa–4 of this

title.

H.R. 4151 of the 99th Congress (the Omnibus Diplomatic Security and Antiterrorism Act of 1986), referred

to in subsec. (a)(4), as enacted into law, is Pub. L.

99–399, Aug. 27, 1986, 100 Stat. 853. The Joint Explanatory Statement of the Committee of Conference to accompany H.R. 4151 is set forth in H. Rept. No. 99–783,

99th Congress.