-CITE-

21 USC CHAPTER 24 - INTERNATIONAL NARCOTICS TRAFFICKING 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 24 - INTERNATIONAL NARCOTICS TRAFFICKING

.

-HEAD-

CHAPTER 24 - INTERNATIONAL NARCOTICS TRAFFICKING

-MISC1-

Sec.

1901. Findings and policy.

(a) Findings.

(b) Policy.

1902. Purpose.

1903. Public identification of significant foreign narcotics

traffickers and required reports.

(a) Provision of information to the President.

(b) Public identification and sanctioning of

significant foreign narcotics traffickers.

(c) Unclassified report required.

(d) Classified report.

(e) Exclusion of certain information.

(f) Notification required.

(g) Determinations not to apply sanctions.

(h) Changes in determinations to impose sanctions.

1904. Blocking assets and prohibiting transactions.

(a) Applicability of sanctions.

(b) Blocking of assets.

(c) Prohibited transactions.

(d) Law enforcement and intelligence activities not

affected.

(e) Implementation.

1905. Authorities.

(a) In general.

(b) Recordkeeping.

(c) Defenses.

(d) Rulemaking.

1906. Enforcement.

(a) Criminal penalties.

(b) Civil penalties.

(c) Judicial review of civil penalty.

1907. Definitions.

1908. Judicial Review Commission on Foreign Asset Control.

(a) Establishment.

(b) Membership and procedural matters.

(c) Duties.

(d) Powers.

(e) Staff.

(f) Compensation and travel expenses.

(g) Report.

(h) Termination.

(i) Inapplicability of certain administrative

provisions.

(j) Funding.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 22 section 7210.

-CITE-

21 USC Sec. 1901 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 24 - INTERNATIONAL NARCOTICS TRAFFICKING

-HEAD-

Sec. 1901. Findings and policy

-STATUTE-

(a) Findings

Congress makes the following findings:

(1) Presidential Decision Directive 42, issued on October 21,

1995, ordered agencies of the executive branch of the United

States Government to, inter alia, increase the priority and

resources devoted to the direct and immediate threat

international crime presents to national security, work more

closely with other governments to develop a global response to

this threat, and use aggressively and creatively all legal means

available to combat international crime.

(2) Executive Order No. 12978 of October 21, 1995, provides for

the use of the authorities in the International Emergency

Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.) to target

and apply sanctions to four international narcotics traffickers

and their organizations that operate from Colombia.

(3) IEEPA was successfully applied to international narcotics

traffickers in Colombia and based on that successful case study,

Congress believes similar authorities should be applied

worldwide.

(4) There is a national emergency resulting from the activities

of international narcotics traffickers and their organizations

that threatens the national security, foreign policy, and economy

of the United States.

(b) Policy

It shall be the policy of the United States to apply economic and

other financial sanctions to significant foreign narcotics

traffickers and their organizations worldwide to protect the

national security, foreign policy, and economy of the United States

from the threat described in subsection (a)(4) of this section.

-SOURCE-

(Pub. L. 106-120, title VIII, Sec. 802, Dec. 3, 1999, 113 Stat.

1626.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order No. 12978, referred to in subsec. (a)(2), is Ex.

Ord. No. 12978, Oct. 21, 1995, 60 F.R. 54579, which is set out as a

note under section 1701 of Title 50, War and National Defense.

The International Emergency Economic Powers Act, referred to in

subsec. (a)(2), is title II of Pub. L. 95-223, Dec. 28, 1977, 91

Stat. 1626, as amended, which is classified generally to chapter 35

(Sec. 1701 et seq.) of Title 50, War and National Defense. For

complete classification of this Act to the Code, see Short Title

note set out under section 1701 of Title 50 and Tables.

-MISC2-

EFFECTIVE DATE

Pub. L. 106-120, title VIII, Sec. 811, Dec. 3, 1999, 113 Stat.

1636, provided that: ''This title (see Short Title note set out

below) shall take effect on the date of the enactment of this Act

(Dec. 3, 1999).''

SHORT TITLE

Pub. L. 106-120, title VIII, Sec. 801, Dec. 3, 1999, 113 Stat.

1626, provided that: ''This title (enacting this chapter and

amending section 1182 of Title 8, Aliens and Nationality) may be

cited as the 'Foreign Narcotics Kingpin Designation Act'.''

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21 USC Sec. 1902 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 24 - INTERNATIONAL NARCOTICS TRAFFICKING

-HEAD-

Sec. 1902. Purpose

-STATUTE-

The purpose of this chapter is to provide authority for the

identification of, and application of sanctions on a worldwide

basis to, significant foreign narcotics traffickers, their

organizations, and the foreign persons who provide support to those

significant foreign narcotics traffickers and their organizations,

whose activities threaten the national security, foreign policy,

and economy of the United States.

-SOURCE-

(Pub. L. 106-120, title VIII, Sec. 803, Dec. 3, 1999, 113 Stat.

1626.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

title'', meaning title VIII of Pub. L. 106-120, Dec. 3, 1999, 113

Stat. 1626, which is classified generally to this chapter. For

complete classification of this Act to the Code, see Short Title

note set out under section 1901 of this title and Tables.

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21 USC Sec. 1903 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 24 - INTERNATIONAL NARCOTICS TRAFFICKING

-HEAD-

Sec. 1903. Public identification of significant foreign narcotics

traffickers and required reports

-STATUTE-

(a) Provision of information to the President

The Secretary of the Treasury, the Attorney General, the

Secretary of Defense, the Secretary of State, and the Director of

Central Intelligence shall consult among themselves and provide the

appropriate and necessary information to enable the President to

submit the report under subsection (b) of this section. This

information shall also be provided to the Director of the Office of

National Drug Control Policy.

(b) Public identification and sanctioning of significant foreign

narcotics traffickers

Not later than June 1, 2000, and not later than June 1 of each

year thereafter, the President shall submit a report to the

Permanent Select Committee on Intelligence, and the Committees on

the Judiciary, International Relations, Armed Services, and Ways

and Means of the House of Representatives; and to the Select

Committee on Intelligence, and the Committees on the Judiciary,

Foreign Relations, Armed Services, and Finance of the Senate -

(1) identifying publicly the foreign persons that the President

determines are appropriate for sanctions pursuant to this

chapter; and

(2) detailing publicly the President's intent to impose

sanctions upon these significant foreign narcotics traffickers

pursuant to this chapter.

The report required in this subsection shall not include

information on persons upon which United States sanctions imposed

under this chapter, or otherwise on account of narcotics

trafficking, are already in effect.

(c) Unclassified report required

The report required by subsection (b) of this section shall be

submitted in unclassified form and made available to the public.

(d) Classified report

(1) Not later than July 1, 2000, and not later than July 1 of

each year thereafter, the President shall provide the Permanent

Select Committee on Intelligence of the House of Representatives

and the Select Committee on Intelligence of the Senate with a

report in classified form describing in detail the status of the

sanctions imposed under this chapter, including the personnel and

resources directed towards the imposition of such sanctions during

the preceding fiscal year, and providing background information

with respect to newly-identified significant foreign narcotics

traffickers and their activities.

(2) Such classified report shall describe actions the President

intends to undertake or has undertaken with respect to such

significant foreign narcotics traffickers.

(3) The report required under this subsection is in addition to

the President's obligations to keep the intelligence committees of

Congress fully and currently informed pursuant to the provisions of

the National Security Act of 1947.

(e) Exclusion of certain information

(1) Intelligence

Notwithstanding any other provision of this section, the

reports described in subsections (b) and (d) of this section

shall not disclose the identity of any person, if the Director of

Central Intelligence determines that such disclosure could

compromise an intelligence operation, activity, source, or method

of the United States.

(2) Law enforcement

Notwithstanding any other provision of this section, the

reports described in subsections (b) and (d) of this section

shall not disclose the name of any person if the Attorney

General, in coordination as appropriate with the Director of the

Federal Bureau of Investigation, the Administrator of the Drug

Enforcement Administration, and the Secretary of the Treasury,

determines that such disclosure could reasonably be expected to -

(A) compromise the identity of a confidential source,

including a State, local, or foreign agency or authority or any

private institution that furnished information on a

confidential basis;

(B) jeopardize the integrity or success of an ongoing

criminal investigation or prosecution;

(C) endanger the life or physical safety of any person; or

(D) cause substantial harm to physical property.

(f) Notification required

(1) Whenever either the Director of Central Intelligence or the

Attorney General makes a determination under subsection (e) of this

section, the Director of Central Intelligence or the Attorney

General shall notify the Permanent Select Committee on Intelligence

of the House of Representatives and the Select Committee on

Intelligence of the Senate, and explain the reasons for such

determination.

(2) The notification required under this subsection shall be

submitted to the Permanent Select Committee on Intelligence of the

House of Representatives and the Select Committee on Intelligence

of the Senate not later than July 1, 2000, and on an annual basis

thereafter.

(g) Determinations not to apply sanctions

(1) The President may waive the application to a significant

foreign narcotics trafficker of any sanction authorized by this

chapter if the President determines that the application of

sanctions under this chapter would significantly harm the national

security of the United States.

(2) When the President determines not to apply sanctions that are

authorized by this chapter to any significant foreign narcotics

trafficker, the President shall notify the Permanent Select

Committee on Intelligence, and the Committees on the Judiciary,

International Relations, Armed Services, and Ways and Means of the

House of Representatives, and the Select Committee on Intelligence,

and the Committees on the Judiciary, Foreign Relations, Armed

Services, and Finance of the Senate not later than 21 days after

making such determination.

(h) Changes in determinations to impose sanctions

(1) Additional determinations

(A) If at any time after the report required under subsection

(b) of this section the President finds that a foreign person is

a significant foreign narcotics trafficker and such foreign

person has not been publicly identified in a report required

under subsection (b) of this section, the President shall submit

an additional public report containing the information described

in subsection (b) of this section with respect to such foreign

person to the Permanent Select Committee on Intelligence, and the

Committees on the Judiciary, International Relations, Armed

Services, and Ways and Means of the House of Representatives, and

the Select Committee on Intelligence, and the Committees on the

Judiciary, Foreign Relations, Armed Services, and Finance of the

Senate.

(B) The President may apply sanctions authorized under this

chapter to the significant foreign narcotics trafficker

identified in the report submitted under subparagraph (A) as if

the trafficker were originally included in the report submitted

pursuant to subsection (b) of this section.

(C) The President shall notify the Secretary of the Treasury of

any determination made under this paragraph.

(2) Revocation of determination

(A) Whenever the President finds that a foreign person that has

been publicly identified as a significant foreign narcotics

trafficker in the report required under subsection (b) of this

section or this subsection no longer engages in those activities

for which sanctions under this chapter may be applied, the

President shall issue public notice of such a finding.

(B) Not later than the date of the public notice issued

pursuant to subparagraph (A), the President shall notify, in

writing and in classified or unclassified form, the Permanent

Select Committee on Intelligence, and the Committees on the

Judiciary, International Relations, Armed Services, and Ways and

Means of the House of Representatives, and the Select Committee

on Intelligence, and the Committees on the Judiciary, Foreign

Relations, Armed Services, and Finance of the Senate of actions

taken under this paragraph and a description of the basis for

such actions.

-SOURCE-

(Pub. L. 106-120, title VIII, Sec. 804, Dec. 3, 1999, 113 Stat.

1626.)

-REFTEXT-

REFERENCES IN TEXT

The National Security Act of 1947, referred to in subsec. (d)(3),

is act July 26, 1947, ch. 343, 61 Stat. 495, as amended. For

complete classification of this Act to the Code, see Short Title

note set out under section 401 of Title 50, War and National

Defense, and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1904, 1907 of this title.

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21 USC Sec. 1904 01/06/03

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CHAPTER 24 - INTERNATIONAL NARCOTICS TRAFFICKING

-HEAD-

Sec. 1904. Blocking assets and prohibiting transactions

-STATUTE-

(a) Applicability of sanctions

A significant foreign narcotics trafficker publicly identified in

the report required under subsection (b) or (h)(1) of section 1903

of this title and foreign persons designated by the Secretary of

the Treasury pursuant to subsection (b) of this section shall be

subject to any and all sanctions as authorized by this chapter.

The application of sanctions on any foreign person pursuant to

subsection (b) or (h)(1) of section 1903 of this title or

subsection (b) of this section shall remain in effect until revoked

pursuant to section 1903(h)(2) of this title or subsection

(e)(1)(A) of this section or waived pursuant to section 1903(g)(1)

of this title.

(b) Blocking of assets

Except to the extent provided in regulations, orders,

instructions, licenses, or directives issued pursuant to this

chapter, and notwithstanding any contract entered into or any

license or permit granted prior to the date on which the President

submits the report required under subsection (b) or (h)(1) of

section 1903 of this title, there are blocked as of such date, and

any date thereafter, all such property and interests in property

within the United States, or within the possession or control of

any United States person, which are owned or controlled by -

(1) any significant foreign narcotics trafficker publicly

identified by the President in the report required under

subsection (b) or (h)(1) of section 1903 of this title;

(2) any foreign person that the Secretary of the Treasury, in

consultation with the Attorney General, the Director of Central

Intelligence, the Director of the Federal Bureau of

Investigation, the Administrator of the Drug Enforcement

Administration, the Secretary of Defense, and the Secretary of

State, designates as materially assisting in, or providing

financial or technological support for or to, or providing goods

or services in support of, the international narcotics

trafficking activities of a significant foreign narcotics

trafficker so identified in the report required under subsection

(b) or (h)(1) of section 1903 of this title, or foreign persons

designated by the Secretary of the Treasury pursuant to this

subsection;

(3) any foreign person that the Secretary of the Treasury, in

consultation with the Attorney General, the Director of Central

Intelligence, the Director of the Federal Bureau of

Investigation, the Administrator of the Drug Enforcement

Administration, the Secretary of Defense, and the Secretary of

State, designates as owned, controlled, or directed by, or acting

for or on behalf of, a significant foreign narcotics trafficker

so identified in the report required under subsection (b) or

(h)(1) of section 1903 of this title, or foreign persons

designated by the Secretary of the Treasury pursuant to this

subsection; and

(4) any foreign person that the Secretary of the Treasury, in

consultation with the Attorney General, the Director of Central

Intelligence, the Director of the Federal Bureau of

Investigation, the Administrator of the Drug Enforcement

Administration, the Secretary of Defense, and the Secretary of

State, designates as playing a significant role in international

narcotics trafficking.

(c) Prohibited transactions

Except to the extent provided in regulations, orders,

instructions, licenses, or directives issued pursuant to this

chapter, and notwithstanding any contract entered into or any

license or permit granted prior to the date on which the President

submits the report required under subsection (b) or (h)(1) of

section 1903 of this title, the following transactions are

prohibited:

(1) Any transaction or dealing by a United States person, or

within the United States, in property or interests in property of

any significant foreign narcotics trafficker so identified in the

report required pursuant to subsection (b) or (h)(1) of section

1903 of this title, and foreign persons designated by the

Secretary of the Treasury pursuant to subsection (b) of this

section.

(2) Any transaction or dealing by a United States person, or

within the United States, that evades or avoids, or has the

effect of evading or avoiding, and any endeavor, attempt, or

conspiracy to violate, any of the prohibitions contained in this

chapter.

(d) Law enforcement and intelligence activities not affected

Nothing in this chapter prohibits or otherwise limits the

authorized law enforcement or intelligence activities of the United

States, or the law enforcement activities of any State or

subdivision thereof.

(e) Implementation

(1) The Secretary of the Treasury, in consultation with the

Attorney General, the Director of Central Intelligence, the

Director of the Federal Bureau of Investigation, the Administrator

of the Drug Enforcement Administration, the Secretary of Defense,

and the Secretary of State, is authorized to take such actions as

may be necessary to carry out this chapter, including -

(A) making those designations authorized by paragraphs (2),

(3), and (4) of subsection (b) of this section and revocation

thereof;

(B) promulgating rules and regulations permitted under this

chapter; and

(C) employing all powers conferred on the Secretary of the

Treasury under this chapter.

(2) Each agency of the United States shall take all appropriate

measures within its authority to carry out the provisions of this

chapter.

(3) Section 552(a)(3) of title 5 shall not apply to any record or

information obtained or created in the implementation of this

chapter.

-SOURCE-

(Pub. L. 106-120, title VIII, Sec. 805, Dec. 3, 1999, 113 Stat.

1629; Pub. L. 107-108, title III, Sec. 307, Dec. 28, 2001, 115

Stat. 1399.)

-MISC1-

AMENDMENTS

2001 - Subsec. (f). Pub. L. 107-108 struck out heading and text

of subsec. (f). Text read as follows: ''The determinations,

identifications, findings, and designations made pursuant to

section 1903 of this title and subsection (b) of this section shall

not be subject to judicial review.''

-CITE-

21 USC Sec. 1905 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 24 - INTERNATIONAL NARCOTICS TRAFFICKING

-HEAD-

Sec. 1905. Authorities

-STATUTE-

(a) In general

To carry out the purposes of this chapter, the Secretary of the

Treasury may, under such regulations as he may prescribe, by means

of instructions, licenses, or otherwise -

(1) investigate, regulate, or prohibit -

(A) any transactions in foreign exchange, currency, or

securities; and

(B) transfers of credit or payments between, by, through, or

to any banking institution, to the extent that such transfers

or payments involve any interests of any foreign country or a

national thereof; and

(2) investigate, block during the pendency of an investigation,

regulate, direct and compel, nullify, void, prevent, or prohibit

any acquisition, holding, withholding, use, transfer, withdrawal,

transportation, placement into foreign or domestic commerce of,

or dealing in, or exercising any right, power, or privilege with

respect to, or transactions involving, any property in which any

foreign country or a national thereof has any interest,

by any person, or with respect to any property, subject to the

jurisdiction of the United States.

(b) Recordkeeping

Pursuant to subsection (a) of this section, the Secretary of the

Treasury may require recordkeeping, reporting, and production of

documents to carry out the purposes of this chapter.

(c) Defenses

(1) Full and actual compliance with any regulation, order,

license, instruction, or direction issued under this chapter shall

be a defense in any proceeding alleging a violation of any of the

provisions of this chapter.

(2) No person shall be held liable in any court for or with

respect to anything done or omitted in good faith in connection

with the administration of, or pursuant to, and in reliance on this

chapter, or any regulation, instruction, or direction issued under

this chapter.

(d) Rulemaking

The Secretary of the Treasury may issue such other regulations or

orders, including regulations prescribing recordkeeping, reporting,

and production of documents, definitions, licenses, instructions,

or directions, as may be necessary for the exercise of the

authorities granted by this chapter.

-SOURCE-

(Pub. L. 106-120, title VIII, Sec. 806, Dec. 3, 1999, 113 Stat.

1631.)

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21 USC Sec. 1906 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 24 - INTERNATIONAL NARCOTICS TRAFFICKING

-HEAD-

Sec. 1906. Enforcement

-STATUTE-

(a) Criminal penalties

(1) Whoever willfully violates the provisions of this chapter, or

any license rule, or regulation issued pursuant to this chapter, or

willfully neglects or refuses to comply with any order of the

President issued under this chapter shall be -

(A) imprisoned for not more than 10 years,

(B) fined in the amount provided in title 18 or, in the case of

an entity, fined not more than $10,000,000,

or both.

(2) Any officer, director, or agent of any entity who knowingly

participates in a violation of the provisions of this chapter shall

be imprisoned for not more than 30 years, fined not more than

$5,000,000, or both.

(b) Civil penalties

A civil penalty not to exceed $1,000,000 may be imposed by the

Secretary of the Treasury on any person who violates any license,

order, rule, or regulation issued in compliance with the provisions

of this chapter.

(c) Judicial review of civil penalty

Any penalty imposed under subsection (b) of this section shall be

subject to judicial review only to the extent provided in section

702 of title 5.

-SOURCE-

(Pub. L. 106-120, title VIII, Sec. 807, Dec. 3, 1999, 113 Stat.

1631.)

-CITE-

21 USC Sec. 1907 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 24 - INTERNATIONAL NARCOTICS TRAFFICKING

-HEAD-

Sec. 1907. Definitions

-STATUTE-

As used in this chapter:

(1) Entity

The term ''entity'' means a partnership, joint venture,

association, corporation, organization, network, group, or

subgroup, or any form of business collaboration.

(2) Foreign person

The term ''foreign person'' means any citizen or national of a

foreign state or any entity not organized under the laws of the

United States, but does not include a foreign state.

(3) Narcotics trafficking

The term ''narcotics trafficking'' means any illicit activity

to cultivate, produce, manufacture, distribute, sell, finance, or

transport narcotic drugs, controlled substances, or listed

chemicals, or otherwise endeavor or attempt to do so, or to

assist, abet, conspire, or collude with others to do so.

(4) Narcotic drug; controlled substance; listed chemical

The terms ''narcotic drug'', ''controlled substance'', and

''listed chemical'' have the meanings given those terms in

section 802 of this title.

(5) Person

The term ''person'' means an individual or entity.

(6) United States person

The term ''United States person'' means any United States

citizen or national, permanent resident alien, an entity

organized under the laws of the United States (including its

foreign branches), or any person within the United States.

(7) Significant foreign narcotics trafficker

The term ''significant foreign narcotics trafficker'' means any

foreign person that plays a significant role in international

narcotics trafficking, that the President has determined to be

appropriate for sanctions pursuant to this chapter, and that the

President has publicly identified in the report required under

subsection (b) or (h)(1) of section 1903 of this title.

-SOURCE-

(Pub. L. 106-120, title VIII, Sec. 808, Dec. 3, 1999, 113 Stat.

1632.)

-CITE-

21 USC Sec. 1908 01/06/03

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CHAPTER 24 - INTERNATIONAL NARCOTICS TRAFFICKING

-HEAD-

Sec. 1908. Judicial Review Commission on Foreign Asset Control

-STATUTE-

(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 (FOOTNOTE 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.

(FOOTNOTE 1) So in original. Probably should be ''of''.

(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) (FOOTNOTE 2) of title 5.

(FOOTNOTE 2) So in original. Section 5703 of title 5 does not

contain a subsec. (b).

(g) Report

(1) Not later than 1 year after December 3, 1999, the Commissions

(FOOTNOTE 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.

(FOOTNOTE 3) So in original. Probably should be ''Commission''.

(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.

-SOURCE-

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

1633.)

-REFTEXT-

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.

-CITE-