§1908 Judicial Review Commission on Foreign Asset Control

Summary

Creates the Judicial Review Commission on Foreign Asset Control (the "Commission"): a five-member panel that must review how the U.S. blocks foreign assets and how U.S. people can seek remedies when their assets are blocked. Four members are named by the leaders of the Senate and House intelligence committees (the Senate Select Committee on Intelligence Chair and Vice Chair, and the House Permanent Select Committee on Intelligence Chair and Ranking Minority Member). The five members together pick the fifth member. All members and staff must have the proper security clearances. The members choose a chair and set the Commission’s rules. The Commission can hold hearings, gather testimony, and ask any federal department or agency for information. Agencies must cooperate and cannot refuse to provide information just because it is classified or relates to intelligence sources or methods. The Attorney General and the Treasury Secretary must give the Commission administrative help and support without charging it. The chair hires a staff director and other staff, with pay capped at the level V Executive Schedule rate, and employees from Justice, Treasury, or the CIA may be detailed to the Commission without losing their job rights. Members may be paid up to the daily equivalent of the level IV Executive Schedule rate when working for the Commission and get travel pay under section 5703(b) of title 5. A report with findings and recommendations must be sent to the listed Senate and House committees not later than 1 year after December 3, 1999; it must be unclassified but may have a classified annex and may include any member’s dissent. The Commission ends 60 days after the report is submitted. Chapter 10 and FOIA (section 552 of title 5) do not apply to its work. The Attorney General must make $1,000,000 available to the Commission, to remain available until spent.