21 USC 1908(i)(2): Information obtained or created in the implementation of the Foreign Narcotics Kingpin Sanctions regulations

          
Sec. 1908. Judicial Review Commission on Foreign Asset Control
(a) Establishment

    There is established a commission to be known as the ``Judicial 
Review Commission on Foreign Asset Control'' (in this section referred 
to as the ``Commission'').

(b) Membership and procedural matters

    (1) The Commission shall be composed of five members, as follows:
        (A) One member shall be appointed by the Chairman of the Select 
    Committee on Intelligence of the Senate.
        (B) One member shall be appointed by the Vice Chairman of the 
    Select Committee on Intelligence of the Senate.
        (C) One member shall be appointed by the Chairman of the 
    Permanent Select Committee on Intelligence of the House of 
    Representatives.
        (D) One member shall be appointed by the Ranking Minority Member 
    of the Permanent Select Committee on Intelligence of the House of 
    Representatives.
        (E) One member shall be appointed jointly by the members 
    appointed under subparagraphs (A) through (D).

    (2) Each member of the Commission shall, for purposes of the 
activities of the Commission under this section, possess or obtain an 
appropriate security clearance in accordance with applicable laws and 
regulations regarding the handling of classified information.
    (3) The members of the Commission shall choose the chairman of the 
Commission from among the members of the Commission.
    (4) The members of the Commission shall establish rules governing 
the procedures and proceedings of the Commission.

(c) Duties

    The Commission shall have as its duties the following:
        (1) To conduct a review of the current judicial, regulatory, and 
    administrative authorities relating to the blocking of assets of 
    foreign persons by the United States Government.
        (2) To conduct a detailed examination and evaluation of the 
    remedies available to United States persons affected by the blocking 
    of assets of foreign persons by the United States Government.

(d) Powers

    (1) The Commission may hold such hearings, sit and act at such times 
and places, take such testimony, and receive such evidence as the 
Commission considers advisable to carry out the purposes of this 
section.
    (2) The Commission may secure directly from any executive 
department, agency, bureau, board, commission, office, independent 
establishment, or instrumentality of the Government information, 
suggestions, estimates, and statistics for the purposes of this section. 
Each such department, agency, bureau, board, commission, office, 
establishment, or instrumentality shall, to the extent authorized by 
law, furnish such information, suggestions, estimates, and statistics 
directly to the Commission, upon request of the chairman of the 
Commission. The Commission shall handle and protect all classified 
information provided to it under this section in accordance with 
applicable statutes and regulations.
    (3) The Attorney General and the Secretary of the Treasury shall 
provide to the Commission, on a nonreimbursable basis, such 
administrative services, funds, facilities, and other support services 
as are necessary for the performance of the Commission's duties under 
this section.
    (4) The Commission shall receive the full and timely cooperation of 
any official, department, or agency of the United States Government 
whose assistance is necessary for the fulfillment of the duties of the 
Commission under this section, including the provision of full and 
current briefings and analyses.
    (5) No department or agency of the Government may withhold 
information from the Commission on the grounds that providing the 
information to the Commission would constitute the unauthorized 
disclosure of classified information or information relating to 
intelligence sources or methods.
    (6) The Commission may use the United States mails in the same 
manner and under the same conditions as the departments and agencies of 
the United States.

(e) Staff

    (1) Subject to paragraph (2), the chairman of the Commission, in 
accordance with rules agreed upon by the Commission, shall appoint and 
fix the compensation of a staff director and such other personnel as may 
be necessary to enable the Commission to carry out its duties, without 
regard to the provisions of title 5 governing appointments in the 
competitive service, and without regard to the provisions of chapter 51 
and subchapter III or \1\ chapter 53 of such title relating to 
classification and General Schedule pay rates, except that no rate of 
pay fixed under this subsection may exceed the equivalent of that 
payable to a person occupying a position at level V of the Executive 
Schedule under section 5316 of such title.
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    \1\ So in original. Probably should be ``of''.
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    (2)(A) Any employee of a department or agency referred to in 
subparagraph (B) may be detailed to the Commission without reimbursement 
from the Commission, and such detailee shall retain the rights, status, 
and privileges of his or her regular employment without interruption.
    (B) The departments and agencies referred to in this subparagraph 
are as follows:


        (i) The Department of Justice.
        (ii) The Department of the Treasury.
        (iii) The Central Intelligence Agency.

    (3) All staff of the Commission shall possess a security clearance 
in accordance with applicable laws and regulations concerning the 
handling of classified information.

(f) Compensation and travel expenses

    (1)(A) Except as provided in subparagraph (B), each member of the 
Commission may be compensated at not to exceed the daily equivalent of 
the annual rate of basic pay in effect for a position at level IV of the 
Executive Schedule under section 5315 of title 5 for each day during 
which that member is engaged in the actual performance of the duties of 
the Commission under this section.
    (B) Members of the Commission who are officers or employees of the 
United States shall receive no additional pay by reason of their service 
on the Commission.

        

            
 
          
    (2) While away from their homes or regular places of business in the 
performance of services for the Commission, members of the Commission 
may be allowed travel expenses, including per diem in lieu of 
subsistence, in the same manner as persons employed intermittently in 
the Government service are allowed expenses under section 5703(b) \2\ of 
title 5.
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    \2\ So in original. Section 5703 of title 5 does not contain a 
subsec. (b).
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(g) Report

    (1) Not later than 1 year after December 3, 1999, the Commissions 
\3\ shall submit to the committees of Congress referred to in paragraph 
(4) a report on the activities of the Commission under this section, 
including the findings, conclusions, and recommendations, if any, of the 
Commission as a result of the review under subsection (c)(1) of this 
section and the examination and evaluation under subsection (c)(2) of 
this section.
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    \3\ So in original. Probably should be ``Commission''.
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    (2) The report under paragraph (1) shall include any additional or 
dissenting views of a member of the Commission upon the request of the 
member.
    (3) The report under paragraph (1) shall be submitted in 
unclassified form, but may include a classified annex.
    (4) The committees of Congress referred to in this paragraph are the 
following:
        (A) The Select Committee on Intelligence and the Committees on 
    Foreign Relations and the Judiciary of the Senate.
        (B) The Permanent Select Committee on Intelligence and the 
    Committees on International Relations and the Judiciary of the House 
    of Representatives.

(h) Termination

    The Commission shall terminate at the end of the 60-day period 
beginning on the date on which the report required by subsection (g) of 
this section is submitted to the committees of Congress referred to in 
that subsection.

(i) Inapplicability of certain administrative provisions

    (1) The provisions of the Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the activities of the Commission under this 
section.
    (2) The provisions of section 552 of title 5 (commonly referred to 
as the Freedom of Information Act) shall not apply to the activities, 
records, and proceedings of the Commission under this chapter.

(j) Funding

    The Attorney General shall, from amounts authorized to be 
appropriated to the Attorney General by this Act, make available to the 
Commission $1,000,000 for purposes of the activities of the Commission 
under this section. Amounts made available to the Commission under the 
preceding sentence shall remain available until expended.

(Pub. L. 106-120, title VIII, Sec. 810, Dec. 3, 1999, 113 Stat. 1633.)

                       References in Text

    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsec. (e)(1), are classified generally to 
section 3301 et seq. of Title 5, Government Organization and Employees.
    The Federal Advisory Committee Act, referred to in subsec. (i), 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.
    This Act, referred to in subsec. (j), is Pub. L. 106-120, Dec. 3, 
1999, 113 Stat. 1606, known as the Intelligence Authorization Act for 
Fiscal Year 2000. For complete classification of this Act to the Code, 
see Tables.