Text: H.R.6532 — 111th Congress (2009-2010)

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Introduced in House (12/16/2010)


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[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 6532 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6532

 To amend the International Emergency Economic Powers Act to establish 
   certain procedures with respect to blocking property of charities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2010

 Mr. Ellison introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the International Emergency Economic Powers Act to establish 
   certain procedures with respect to blocking property of charities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Procedures for Sanctions Against 
Charities Act''.

SEC. 2. PROCEDURES REGARDING BLOCKING PROPERTY OF CHARITIES.

    (a) In General.--The International Emergency Economic Powers Act 
(50 U.S.C. 1701 et seq.) is amended--
            (1) by redesignating section 208 as section 209; and
            (2) by inserting after section 207 the following new 
        section:

``SEC. 208. PROCEDURES REGARDING BLOCKING PROPERTY OF CHARITIES.

    ``(a) Definitions.--In this section:
            ``(1) Charity.--The term `charity' means an organization 
        described in section 501(c)(3) of the Internal Revenue Code of 
        1986 and exempt from tax under section 501(a) of such Code.
            ``(2) Sanction.--The term `sanction' means the blocking of 
        property under section 203(a).
    ``(b) Warrant Requirement.--
            ``(1) Warrant requirement.--A sanction may be imposed that 
        blocks property of a charity only pursuant to a warrant 
        obtained in the same manner as provided for a search warrant 
        under the Federal Rules of Criminal Procedure. The court may 
        issue such warrant if the United States demonstrates that there 
        is probable cause to believe that--
                    ``(A) the property with respect to which the 
                warrant is sought is subject to the sanction; and
                    ``(B) the property may be moved outside the 
                jurisdiction of the United States.
            ``(2) Exception.--
                    ``(A) In general.--The United States may impose a 
                sanction that blocks property of a charity before 
                applying to the court for a warrant under paragraph (1) 
                if the United States has reason to believe that delay 
                in seizure from such ex parte application may have an 
                adverse result, including--
                            ``(i) endangering the life or physical 
                        safety of an individual;
                            ``(ii) flight from prosecution;
                            ``(iii) destruction of or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses; 
                        or
                            ``(v) otherwise seriously jeopardizing an 
                        investigation.
                    ``(B) Probable cause showing.--In a case in which 
                property is subject to a sanction under subparagraph 
                (A), the property shall be released from the order 
                blocking it unless the United States makes the probable 
                cause showing required by paragraph (1) within 48 hours 
                after the property is blocked.
            ``(3) Subsequent court actions.--Upon a finding of probable 
        cause, the court may issue the warrant. Upon the motion of the 
        United States, the court may require the execution of 
        satisfactory performance bonds, create receiverships, appoint 
        conservators, custodians, appraisers, accountants, or trustees, 
        or take any other action to secure, maintain, or preserve the 
        availability of the property that is the subject of the 
        warrant.
    ``(c) Procedures Regarding Charities.--The President shall 
establish procedures with respect to the imposition of a sanction that 
blocks property of a charity in order to implement the following:
            ``(1) Prior notice; opportunity for compliance.--In any 
        case in which the President anticipates imposing such a 
        sanction on a charity, the President shall, before imposing the 
        sanction, notify the charity in writing, by delivery to the 
        chief executive officer or chair of the governing body of the 
        charity, of the facts, events, persons, and other relevant 
        information serving as the basis for imposing the sanction, and 
        setting forth the steps the charity may take to avoid 
        imposition of the sanction.
            ``(2) Notice.--If the sanction is imposed on the charity 
        because the charity has failed to take the steps described in 
        paragraph (1), or if paragraph (3) applies, the President shall 
        notify the charity, in the manner described in paragraph (1), 
        of the imposition of the sanction.
            ``(3) Exigent circumstances.--The notice under paragraph 
        (1) need not be provided if the President determines that there 
        is probable cause to believe that the property of the charity 
        is subject to the sanction and that providing such notice and 
        opportunity--
                    ``(A) will jeopardize the availability of the 
                property; or
                    ``(B) may have an adverse result, including--
                            ``(i) endangering the life or physical 
                        safety of an individual;
                            ``(ii) flight from prosecution;
                            ``(iii) destruction of or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses; 
                        or
                            ``(v) otherwise seriously jeopardizing an 
                        investigation.
            ``(4) Opportunity to present response.--The President shall 
        provide a charity notified under paragraph (1) or (2) of the 
        imposition of a sanction an opportunity to provide a response 
        to imposing the sanction, including a hearing on the record if 
        so requested by the charity. Such hearing or other proceeding 
        agreed to by the parties shall be held not later than 60 days 
        after the notice is provided.
            ``(5) Subsequent allegations.--If, after notice is provided 
        under paragraph (1) or (2), additional allegations arise 
        involving the charity that are or may provide additional bases 
        for imposing the sanction involving blocking property of the 
        charity, the procedures under this subsection shall apply with 
        respect to such additional allegations.
    ``(d) Periodic Review of Blocking Orders.--
            ``(1) Periodic review.--The President shall--
                    ``(A) at least once in every 2-year period, review 
                each sanction imposed that involves blocking the 
                property of a charity in order to ensure that the basis 
                for imposing the sanction remains valid; and
                    ``(B) provide the charity an opportunity for a 
                hearing on the record with respect to such review.
    ``(e) Appeals.--
            ``(1) Administrative appeal.--The President shall provide 
        to any charity on which a sanction is imposed that blocks the 
        property of the charity, or is continued pursuant to a periodic 
        review under subsection (d), an opportunity to appeal the 
        sanction in accordance with the procedures set forth in 
        sections 556 and 557 of title 5, United States Code, without 
        regard to any exclusion set forth in section 554(a) of such 
        title.
            ``(2) Judicial appeal.--In any appeal under chapter 7 of 
        title 5, United States Code, of a determination in a hearing 
        under paragraph (1)--
                    ``(A) the court shall review the case de novo; and
                    ``(B) the burden is on the United States Government 
                to establish, by a preponderance of the evidence, that 
                the property is subject to the sanction.
    ``(f) Access to Classified Information.--At any hearing or other 
proceeding held at the request of a charity under this section, the 
charity shall be entitled to be represented by counsel and shall be 
provided the opportunity to review the evidence of the Government with 
respect to the sanction involved, consistent with procedures analogous 
to those set forth in the Classified Information Procedures Act (18 
U.S.C. App. 3), as determined by the court.
    ``(g) Confidentiality and Privacy.--Property of a charity that is 
blocked pursuant to the imposition of a sanction may not be made 
available to a Government agency other than the Government agency 
responsible for blocking the property, except to the appropriate law 
enforcement agency pursuant to the Federal Rules of Criminal 
Procedure.''.

SEC. 3. APPLICABILITY.

    (a) In General.--Subject to subsection (b), the amendments made by 
section 2 shall apply to any order that imposes a sanction blocking the 
property of a charity and that is issued under the International 
Emergency Economic Powers Act--
            (1) on or after the date of the enactment of this Act; or
            (2) before the date of the enactment of this Act, if the 
        order is in effect on such date of enactment.
    (b) Procedures With Respect to Existing Orders.--In the case of an 
order that imposes a sanction blocking the property of a charity and to 
which subsection (a)(2) applies--
            (1) in lieu of the requirements under paragraphs (1) and 
        (2) of section 208(c) of the International Emergency Economic 
        Powers Act, as added by section 2 of this Act, the President 
        shall provide, within 45 days after the date of the enactment 
        of this Act, notice to the charity that is the subject of the 
        order, by delivery to the chief executive officer or chair of 
        the governing body of the charity, of the facts, events, 
        persons, and other relevant information that served as the 
        basis for imposing the sanction; and
            (2) in applying paragraph (4) of such section 208(c), the 
        notice under paragraph (1) of this subsection shall be deemed 
        be notice provided under paragraph (2) of such section 203(c).
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