In general
Convening the Security Review Committee
section 4834 of this titleIn any case of a serious security incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government diplomatic mission abroad (referred to in this subchapter as a “Serious Security Incident”), 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, the Secretary of State shall convene a Security Review Committee, which shall issue a report providing a full account of what occurred, consistent with .
Committee composition
Exceptions to convening a Security Review Committee
In general
Department of Defense investigations
In the case of an incident described in subparagraph (A)(iv), the Secretary of Defense shall conduct an appropriate inquiry. The Secretary of Defense shall report the findings and recommendations of such inquiry, and the action taken with respect to such recommendations, to the Secretary of State and Congress.
Facilities in Afghanistan, Yemen, Syria, and Iraq
Limited exemptions from requirement to convene Board
Reporting requirements
Rulemaking
The Secretary of State shall promulgate regulations defining the membership and operating procedures for the Security Review Committee and provide such guidance to the Chair and ranking members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Deadlines for convening Security Review Committees
In general
The Secretary of State shall convene a Security Review Committee not later than 60 days after the occurrence of an incident described in subsection (a)(1), or 60 days after the Department first becomes aware of such an incident, whichever is earlier, except that the 60-day period for convening a Security Review Committee may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary.
Delay in cases involving intelligence activities
With respect to breaches of security involving intelligence activities, the Secretary of State may delay the establishment of a 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 the establishment of a Board would compromise intelligence sources or methods. The Secretary shall promptly advise the chairmen of such committees of each determination pursuant to this paragraph to delay the establishment of a Board.
Congressional notification
Pub. L. 99–399, title III, § 301100 Stat. 859Pub. L. 100–204, title I, § 156(a)101 Stat. 1354Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VI, § 608]113 Stat. 1536Pub. L. 109–140, § 3119 Stat. 2650Pub. L. 117–81, div. E, title LIII, § 5316135 Stat. 2366Pub. L. 117–263, div. I, title XCIII, § 9302(d)136 Stat. 3884(, , ; , , ; , , , 1501A–458; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 117–263, § 9302(d)(1)2022—, substituted “Security Review Committees” for “Accountability Review Boards” in section catchline.
Pub. L. 117–263, § 9302(d)(2)(A)Subsec. (a)(1). , amended par. (1) generally. Prior to amendment, text read as follows: “Except as provided in paragraphs (2) and (3), 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 (in this subchapter referred to as the ‘Board’). The Secretary shall not convene a Board where the Secretary determines that a case clearly involves only causes unrelated to security.”
Pub. L. 117–263, § 9302(d)(2)(C)Subsec. (a)(2). , added par. (2). Former par. (2) redesignated (3).
Pub. L. 117–263, § 9302(d)(2)(D)(ii)Subsec. (a)(3). , (iii), substituted subpar. (A) designation, heading, introductory provisions, cls. (i) to (iii), and “(iv) in the case” for “The Secretary of State is not required to convene a Board in the case” and subpar. (B) designation, heading, and “In the case of an incident described in subparagraph (A)(iv)” for “In any such case”.
Pub. L. 117–263, § 9302(d)(2)(D)(i), substituted “Exceptions to convening a Security Review Committee” for “Department of Defense facilities and personnel” in heading.
Pub. L. 117–263, § 9302(d)(2)(B), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Pub. L. 117–263, § 9302(d)(2)(B)Subsec. (a)(4). , redesignated par. (3) as (4).
Pub. L. 117–263, § 9302(d)(2)(E)Subsec. (a)(5). , added par. (5).
Pub. L. 117–263, § 9302(d)(3)(A)Subsec. (b). , substituted “Security Review Committees” for “Boards” in heading.
Pub. L. 117–263, § 9302(d)(3)(B)Subsec. (b)(1). , amended par. (1) generally. Prior to amendment, text read as follows: “Except as provided in paragraph (2), the Secretary of State shall convene a Board not later than 60 days after the occurrence of an incident described in subsection (a)(1), except that such 60-day period may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary for the convening of the Board.”
Pub. L. 117–263, § 9302(d)(4)Subsec. (c). , amended subsec. (c) generally. Prior to amendment, text read as follows: “Whenever the Secretary of State convenes a Board, the Secretary shall promptly inform the chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives—
“(1) that a Board has been convened;
“(2) of the membership of the Board; and
“(3) of other appropriate information about the Board.”
Pub. L. 117–81, § 5316(1)2021—Subsec. (a)(3). , substituted “Afghanistan, Yemen, Syria, and” for “Afghanistan and” in heading.
Pub. L. 117–81, § 5316(2)(A)Subsec. (a)(3)(A)(i). , substituted “Afghanistan, Yemen, Syria, or” for “Afghanistan or”.
Pub. L. 117–81, § 5316(2)(B)Subsec. (a)(3)(A)(ii). , substituted “beginning on , and ending on ” for “beginning on , and ending on ”.
Pub. L. 109–140, § 3(1)2005—Subsec. (a)(1). , substituted “paragraphs (2) and (3)” for “paragraph (2)”.
Pub. L. 109–140, § 3(2)Subsec. (a)(3). , added par. (3).
Pub. L. 106–1131999— substituted “Review Boards” for “review” in section catchline and amended text generally. Prior to amendment, text read as follows: “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. 100–2041987— inserted “, 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,” 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.”
Statutory Notes and Related Subsidiaries
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, .
Security Review Committees for Certain Facilities
Pub. L. 118–159, div. G, title LXXVIII, § 7812(d)138 Stat. 2565
Similar provisions were contained in the following prior acts:
Pub. L. 117–263, div. I, title XCVIII, § 9802(e)136 Stat. 3924, , .
Pub. L. 117–103, div. K, title VII, § 7034l136 Stat. 624()(8), , .
Pub. L. 116–260, div. K, title VII, § 7034l134 Stat. 1750()(7), , .
Pub. L. 116–94, div. G, title VII, § 7034l133 Stat. 2873()(7), , .
Pub. L. 116–6, div. F, title VII, § 7034(m)(7)133 Stat. 327, , .
Pub. L. 115–141, div. K, title VII, § 7034l132 Stat. 896()(8), , .
Pub. L. 114–113, div. K, title VII, § 7034(k)(2)129 Stat. 2764, , .
Pub. L. 113–235, div. J, title VII, § 7034l128 Stat. 2625()(2), , .
Pub. L. 113–76, div. K, title VII, § 7034(m)(2)128 Stat. 515, , .
Pub. L. 112–74, div. I, title VII, § 7034(m)(2)125 Stat. 1216, , .
Pub. L. 111–117, div. F, title VII, § 7034(r)123 Stat. 3363, , .