§ 4832 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 1156

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.’’

§ 4832. Accountability Review Board

(a) Membership

A Board shall consist of five members, 4 appointed by the Secretary of State, and 1 appointed by the Director of Central Intelligence.

The Secretary of State shall designate the

Chairperson of the Board. Members of the Board

who are not Federal officers or employees shall

each be paid at a rate not to exceed the maximum rate of basic pay payable for level GS–18 of

the General Schedule for each day (including

travel time) during which they are engaged in

the actual performance of duties vested in the

Board. Members of the Board who are Federal

officers or employees shall receive no additional

pay by reason of such membership.

(b) Facilities, services, supplies, and staff

(1) Supplied by Department of State

A Board shall obtain facilities, services, and

supplies through the Department of State. All

expenses of the Board, including necessary

costs of travel, shall be paid by the Department of State. Travel expenses authorized

under this paragraph shall be paid in accordance with subchapter I of chapter 57 of title 5

or other applicable law.

(2) Detail

At the request of a Board, employees of the

Department of State or other Federal agencies, members of the Foreign Service, or members of the uniformed services may be temporarily assigned, with or without reimbursement, to assist the Board.

(3) Experts and consultants

A Board may employ and compensate (in accordance with section 3109 of title 5) such experts and consultants as the Board considers

necessary to carry out its functions. Experts

and consultants so employed shall be responsible solely to the Board.

(Pub. L. 99–399, title III, §302, Aug. 27, 1986, 100

Stat. 859.)

REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY

RATES

References in laws to the rates of pay for GS–16, 17,

or 18, or to maximum rates of pay under the General

Schedule, to be considered references to rates payable

under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)]

of Pub. L. 101–509, set out in a note under section 5376

of Title 5.

§ 4833. Procedures

(a) Evidence

(1) United States Government personnel and

contractors

(A) With respect to any individual described

in subparagraph (B), a Board may—

(i) administer oaths and affirmations;

(ii) require that depositions be given and

interrogatories answered; and

(iii) require the attendance and presentation of testimony and evidence by such individual.

Failure of any such individual to comply with

a request of the Board shall be grounds for disciplinary action by the head of the Federal

agency in which such individual is employed

or serves, or in the case of a contractor, debarment.

(B) The individuals referred to in subparagraph (A) are—

(i) employees as defined by section 2105 of

title 5 (including members of the Foreign

Service);

(ii) members of the uniformed services as

defined by section 101(3) of title 37;

(iii) employees of instrumentalities of the

United States; and

(iv) individuals employed by any person or

entity under contract with agencies or instrumentalities of the United States Government to provide services, equipment, or personnel.

(2) Other persons

With respect to a person who is not described in paragraph (1)(B), a Board may administer oaths and affirmations and require

that depositions be given and interrogatories

answered.

(3) Subpoenas

(A) The Board may issue a subpoena for the

attendance and testimony of any person (other

than a person described in clause (i), (ii), or

(iii) of paragraph (1)(B)) and the production of

documentary or other evidence from any such

person if the Board finds that such a subpoena

is necessary in the interests of justice for the

development of relevant evidence.

(B) In the case of contumacy or refusal to

obey a subpoena issued under this paragraph,

a court of the United States within the jurisdiction of which a person is directed to appear

or produce information, or within the jurisdiction of which the person is found, resides, or

transacts business, may upon application of

the Attorney General, issue to such person an

order requiring such person to appear before

the Board to give testimony or produce information as required by the subpoena.

(C) Subpoenaed witnesses shall be paid the

same fee and mileage allowances which are

paid subpoenaed witnesses in the courts of the

United States.

(b) Confidentiality

A Board shall adopt for administrative proceedings under this subchapter such procedures

with respect to confidentiality as may be

deemed necessary, including procedures relating