Page 1155 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 4831

State when executive orders, regulations, or departmental directives implementing the amendments by

sections 161 and 162 of Pub. L. 103–236 become effective,

or 90 days after Apr. 30, 1994, whichever comes earlier,

see section 161(b) of Pub. L. 103–236, as amended, set out

as a note under section 2651a of this title.

§ 4822. Director of Diplomatic Security Service

Any such Diplomatic Security Service should

be headed by a Director designated by the Secretary of State. The Director should be a career

member of the Senior Foreign Service or the

Senior Executive Service and should be qualified

for the position by virtue of demonstrated ability in the areas of security, law enforcement,

management, and public administration. Experience in management or operations abroad

should be considered an affirmative factor in the

selection of the Director.

(Pub. L. 99–399, title II, §202, Aug. 27, 1986, 100

Stat. 858; Pub. L. 103–236, title I, §162(g)(8), Apr.

30, 1994, 108 Stat. 407.)

AMENDMENTS

1994—Pub. L. 103–236 substituted ‘‘Any such’’ for

‘‘The’’ in first sentence, struck out last sentence which

read as follows: ‘‘The Director shall act under the supervision and direction of the Assistant Secretary for

Diplomatic Security.’’, and directed the substitution of

‘‘should’’ for ‘‘shall’’ in first, third, and fourth sentences, which was executed to first, second, and third

sentences to reflect the probable intent of Congress and

the striking out of last sentence which also was the

fourth sentence. See H.Rept. 103–126, pp. 168, 169.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of

State when executive orders, regulations, or departmental directives implementing the amendments by

sections 161 and 162 of Pub. L. 103–236 become effective,

or 90 days after Apr. 30, 1994, whichever comes earlier,

see section 161(b) of Pub. L. 103–236, as amended, set out

as a note under section 2651a of this title.

§ 4823. Special agents

Special agent positions shall be filled in accordance with the provisions of the Foreign

Service Act of 1980 (22 U.S.C. 3901 et seq.) and

title 5. In filling such positions, the Secretary of

State shall actively recruit women and members

of minority groups. The Secretary of State shall

prescribe the qualifications required for assignment or appointment to such positions. The

qualifications may include minimum and maximum entry age restrictions and other physical

standards and shall incorporate such standards

as may be required by law in order to perform

security functions, to bear arms, and to exercise

investigatory, warrant, arrest, and such other

authorities as are available by law to special

agents of the Department of State and the Foreign Service.

(Pub. L. 99–399, title II, §203, Aug. 27, 1986, 100

Stat. 858; Pub. L. 103–236, title I, §162(g)(9), Apr.

30, 1994, 108 Stat. 407.)

REFERENCES IN TEXT

The Foreign Service Act of 1980, referred to in text,

is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, as amended,

which is classified principally to chapter 52 (§3901 et

seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 3901 of this title and Tables.

AMENDMENTS

1994—Pub. L. 103–236 amended section catchline to

read ‘‘Special agents’’ and in text substituted ‘‘Special

agent positions’’ for ‘‘Positions in the Diplomatic Security Service’’ and ‘‘The qualifications’’ for ‘‘In the case

of positions designated for special agents, the qualifications’’.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of

State when executive orders, regulations, or departmental directives implementing the amendments by

sections 161 and 162 of Pub. L. 103–236 become effective,

or 90 days after Apr. 30, 1994, whichever comes earlier,

see section 161(b) of Pub. L. 103–236, as amended, set out

as a note under section 2651a of this title.

SUBCHAPTER III—PERFORMANCE AND

ACCOUNTABILITY

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4802 of this

title.

§ 4831. Accountability review

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.

(Pub. L. 99–399, title III, §301, Aug. 27, 1986, 100

Stat. 859; Pub. L. 100–204, title I, §156(a), Dec. 22,

1987, 101 Stat. 1354.)

REFERENCES IN TEXT

This chapter, referred to in text, was in the original

‘‘titles I through IV’’, meaning titles I through IV of

Pub. 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 Pub. L. 99–399 to the Code, see Short

Title note set out under section 4801 of this title and

Tables.

AMENDMENTS

1987—Pub. 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