Page:United States Statutes at Large Volume 100 Part 1.djvu/897

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-399—AUG. 27, 1986

100 STAT. 861

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, United States Code (relating to freedom of information), as apply to other records of the Department of State, and to any information transmitted under section 304(c) 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 of the United States Code (relating to open meetings) shall not apply to any Board.

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SEC. 304. 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 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 303(a)(1)(B) 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

Health and medical care. Real property. Gifts and property. 22 USC 4834.

Law enforcement and crime.

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