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U.S. Code as of:
01/19/04
Section 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.
(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.
(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.
(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.
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