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6 U.S.C. § 347 — Treatment of charitable trusts for members of the Armed Forces of the United States and other governmental organizations

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 347 — Treatment of charitable trusts for members of the Armed Forces of the United States and other governmental organizations

**(a) Findings** Congress finds the following: (1) Members of the Armed Forces of the United States defend the freedom and security of our Nation. (2) Members of the Armed Forces of the United States have lost their lives while battling the evils of terrorism around the world. (3) Personnel of the Central Intelligence Agency (CIA) charged with the responsibility of covert observation of terrorists around the world are often put in harm’s way during their service to the United States. (4) Personnel of the Central Intelligence Agency have also lost their lives while battling the evils of terrorism around the world. (5) Employees of the Federal Bureau of Investigation (FBI) and other Federal agencies charged with domestic protection of the United States put their lives at risk on a daily basis for the freedom and security of our Nation. (6) United States military personnel, CIA personnel, FBI personnel, and other Federal agents in the service of the United States are patriots of the highest order. (7) CIA officer Johnny Micheal Spann became the first American to give his life for his country in the War on Terrorism declared by President George W. Bush following the terrorist attacks of September 11, 2001. (8) Johnny Micheal Spann left behind a wife and children who are very proud of the heroic actions of their patriot father. (9) Surviving dependents of members of the Armed Forces of the United States who lose their lives as a result of terrorist attacks or military operations abroad receive a $6,000 death benefit, plus a small monthly benefit. (10) The current system of compensating spouses and children of American patriots is inequitable and needs improvement. **(b) Designation of Johnny Micheal Spann Patriot Trusts** Any charitable corporation, fund, foundati

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Stable record: federal_law:legal_authorities:record_usc_2633d4db70a38bc5a847b747
Source file: Laws/federal/codes/united-states-code/title-6/section-347-treatment-of-charitable-trusts-for-members-of-the-armed-forces-of-the-un--39f0381008.md
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Passage SHA-256: f942af183baf99fd44af77f5ee1eeb182e5a76dab45fad0b69032717f1289007

Source location: Title 6, Chapter 1, § 347; chapter-001-homeland-security-organization.md

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**(a) Findings** Congress finds the following: (1) Members of the Armed Forces of the United States defend the freedom and security of our Nation. (2) Members of the Armed Forces of the United States have lost their lives while battling the evils of terrorism around the world. (3) Personnel of the Central Intelligence Agency (CIA) charged with the responsibility of covert observation of terrorists around the world are often put in harm’s way during their service to the United States. (4) Personnel of the Central Intelligence Agency have also lost their lives while battling the evils of terrorism around the world. (5) Employees of the Federal Bureau of Investigation (FBI) and other Federal agencies charged with domestic protection of the United States put their lives at risk on a daily basis for the freedom and security of our Nation. (6) United States military personnel, CIA personnel, FBI personnel, and other Federal agents in the service of the United States are patriots of the highest order. (7) CIA officer Johnny Micheal Spann became the first American to give his life for his country in the War on Terrorism declared by President George W. Bush following the terrorist attacks of September 11, 2001. (8) Johnny Micheal Spann left behind a wife and children who are very proud of the heroic actions of their patriot father. (9) Surviving dependents of members of the Armed Forces of the United States who lose their lives as a result of terrorist attacks or military operations abroad receive a $6,000 death benefit, plus a small monthly benefit. (10) The current system of compensating spouses and children of American patriots is inequitable and needs improvement. **(b) Designation of Johnny Micheal Spann Patriot Trusts** Any charitable corporation, fund, foundation, or trust (or separate fund or account thereof) which otherwise meets all applicable requirements under law with respect to charitable entities and meets the requirements described in subsection (c) shall be eligible to characterize itself as a “Johnny Micheal Spann Patriot Trust”. **(c) Requirements for the designation of Johnny Micheal Spann Patriot Trusts** The requirements described in this subsection are as follows: (1) Not taking into account funds or donations reasonably necessary to establish a trust, at least 85 percent of all funds or donations (including any earnings on the investment of such funds or donations) received or collected by any Johnny Micheal Spann Patriot Trust must be distributed to (or, if placed in a private foundation, held in trust for) surviving spouses, children, or dependent parents, grandparents, or siblings of 1 or more of the following: (A) members of the Armed Forces of the United States; (B) personnel, including contractors, of elements of the intelligence community, as defined in [section 3003(4) of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003/4&num=0&edition=prelim); (C) employees of the Federal Bureau of Investigation; and (D) officers, employees, or contract employees of the United States Government, whose deaths occur in the line of duty and arise out of terrorist attacks, military operations, intelligence operations, or law enforcement operations or accidents connected with activities occurring after September 11, 2001, and related to domestic or foreign efforts to curb international terrorism, including the Authorization for Use of Military Force (Public Law 107–40; 115 Stat. 224). (2) Other than funds or donations reasonably necessary to establish a trust, not more than 15 percent of all funds or donations (or 15 percent of annual earnings on funds invested in a private foundation) may be used for administrative purposes. (3) No part of the net earnings of any Johnny Micheal Spann Patriot Trust may inure to the benefit of any individual based solely on the position of such individual as a shareholder, an officer or employee of such Trust. (4) None of the activities of any Johnny Micheal Spann Patriot Trust shall be conducted in a manner inconsistent with any law that prohibits attempting to influence legislation. (5) No Johnny Micheal Spann Patriot Trust may participate in or intervene in any political campaign on behalf of (or in opposition to) any candidate for public office, including by publication or distribution of statements. (6) Each Johnny Micheal Spann Patriot Trust shall comply with the instructions and directions of the Director of Central Intelligence, the Attorney General, or the Secretary of Defense relating to the protection of intelligence sources and methods, sensitive law enforcement information, or other sensitive national security information, including methods for confidentially disbursing funds. (7) Each Johnny Micheal Spann Patriot Trust that receives annual contributions totaling more than $1,000,000 must be audited annually by an independent certified public accounting firm. Such audits shall be filed with the Internal Revenue Service, and shall be open to public inspection, except that the conduct, filing, and availability of the audit shall be consistent with the protection of intelligence sources and methods, of sensitive law enforcement information, and of other sensitive national security information. (8) Each Johnny Micheal Spann Patriot Trust shall make distributions to beneficiaries described in paragraph (1) at least once every calendar year, beginning not later than 12 months after the formation of such Trust, and all funds and donations received and earnings not placed in a private foundation dedicated to such beneficiaries must be distributed within 36 months after the end of the fiscal year in which such funds, donations, and earnings are received. (9) (A) When determining the amount of a distribution to any beneficiary described in paragraph (1), a Johnny Micheal Spann Patriot Trust should take into account the amount of any collateral source compensation that the beneficiary has received or is entitled to receive as a result of the death of an individual described in paragraph (1). (B) Collateral source compensation includes all compensation from collateral sources, including life insurance, pension funds, death benefit programs, and payments by Federal, State, or local governments related to the death of an individual described in paragraph (1). **(d) Treatment of Johnny Micheal Spann Patriot Trusts** Each Johnny Micheal Spann Patriot Trust shall refrain from conducting the activities described in clauses (i) and (ii) of [section 30101(20)(A) of title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30101/20/A&num=0&edition=prelim) so that a general solicitation of funds by an individual described in paragraph (1) of [section 30125(e) of title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30125/e&num=0&edition=prelim) will be permissible if such solicitation meets the requirements of paragraph (4)(A) of such section. **(e) Notification of Trust beneficiaries** Notwithstanding any other provision of law, and in a manner consistent with the protection of intelligence sources and methods and sensitive law enforcement information, and other sensitive national security information, the Secretary of Defense, the Director of the Federal Bureau of Investigation, or the Director of Central Intelligence, or their designees, as applicable, may forward information received from an executor, administrator, or other legal representative of the estate of a decedent described in subparagraph (A), (B), (C), or (D) of subsection (c)(1), to a Johnny Micheal Spann Patriot Trust on how to contact individuals eligible for a distribution under subsection (c)(1) for the purpose of providing assistance from such Trust: Provided, That, neither forwarding nor failing to forward any information under this subsection shall create any cause of action against any Federal department, agency, officer, agent, or employee. **(f) Regulations** Not later than 90 days after November 25, 2002, the Secretary of Defense, in coordination with the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of Central Intelligence, shall prescribe regulations to carry out this section.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3001 — Requirement to buy certain satellite component from American sources

**(a) Definitions** In this section: (1) **Covered element of the intelligence community** — The term “covered element of the intelligence community” means an element of the intelligence community that is not an element of the Department of Defense. (2) **National security satellite** — The term “national security satellite” means a satellite weighing over 400 pounds whose principle purpose is to support the national security or intelligence needs of the United States Government. (3) **United States** — The term “United States” means the several States, the District of Columbia, and the territories and possessions of the United States. **(b) Requirement** Beginning January 1, 2021, except as provided in subsection (c), a covered element of the intelligence community may not award a contract for a national security satellite if the satellite uses a star tracker that is not produced in the United States, including with respect to both the software and the hardware of the star tracker. **(c) Exception** The head of a covered element of the intelligence community may waive the requirement under subsection (b) if, on a case-by-case basis, the head certifies in writing to the congressional intelligence committees that— (1) there is no available star tracker produced in the United States that meets the mission and design requirements of the national security satellite for which the star tracker will be used; (2) the cost of a star tracker produced in the United States is unreasonable, based on a market survey; or (3) such waiver is necessary for the national security interests of the United States based on an urgent and compelling need.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1541 — Purpose and policy

**(a) Congressional declaration** It is the purpose of this chapter to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations. **(b) Congressional legislative power under necessary and proper clause** Under article I, section 8, of the Constitution, it is specifically provided that the Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof. **(c) Presidential executive power as Commander-in-Chief; limitation** The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1541

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 204 — EMP and GMD mitigation research and development and threat assessment, response, and recovery

**(a) In general** In furtherance of domestic preparedness and response, the Secretary, acting through the Under Secretary for Science and Technology, and in consultation with other relevant executive agencies, relevant State, local, and tribal governments, and relevant owners and operators of critical infrastructure, shall, to the extent practicable, conduct research and development to mitigate the consequences of threats of EMP and GMD. **(b) Scope** The scope of the research and development under subsection (a) shall include the following: (1) An objective scientific analysis— (A) evaluating the risks to critical infrastructure from a range of threats of EMP and GMD; and (B) which shall— (i) be conducted in conjunction with the Office of Intelligence and Analysis; and (ii) include a review and comparison of the range of threats and hazards facing critical infrastructure of the electrical grid. (2) Determination of the critical utilities and national security assets and infrastructure that are at risk from threats of EMP and GMD. (3) An evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, which shall include a review of the feasibility of rapidly isolating one or more portions of the electrical grid from the main electrical grid. (4) An analysis of technology options that are available to improve the resiliency of critical infrastructure to threats of EMP and GMD, including an analysis of neutral current blocking devices that may protect high-voltage transmission lines. (5) The restoration and recovery capabilities of critical infrastructure under differing levels of d

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 204

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 361 — Quadrennial homeland security review

**(a) Requirement** (1) **Quadrennial reviews required** — In fiscal year 2009, and every 4 years thereafter, the Secretary shall conduct a review of the homeland security of the Nation (in this section referred to as a “quadrennial homeland security review”). (2) **Scope of reviews** — Each quadrennial homeland security review shall be a comprehensive examination of the homeland security strategy of the Nation, including recommendations regarding the long-term strategy and priorities of the Nation for homeland security and guidance on the programs, assets, capabilities, budget, policies, and authorities of the Department. (3) **Consultation** — The Secretary shall conduct each quadrennial homeland security review under this subsection in consultation with— (A) the heads of other Federal agencies, including the Attorney General, the Secretary of State, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of the Treasury, the Secretary of Agriculture the Secretary of Energy,,11 So in original. and the Director of National Intelligence; (B) key officials of the Department, including the Under Secretary for Strategy, Policy, and Plans; (C) representatives from appropriate advisory committees established pursuant to [section 451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section451&num=0&edition=prelim), including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to [section 44946 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44946&num=0&edition=prelim); and (D) other relevant governmental and

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 361

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 381 — Office of Strategy, Policy, and Plans

**(a) In general** There is established in the Department an Office of Strategy, Policy, and Plans. **(b) Head of Office** The Office of Strategy, Policy, and Plans shall be headed by an Under Secretary for Strategy, Policy, and Plans, who shall serve as the principal policy advisor to the Secretary. The Under Secretary for Strategy, Policy, and Plans shall be appointed by the President, by and with the advice and consent of the Senate. **(c) Functions** The Under Secretary for Strategy, Policy, and Plans shall— (1) lead, conduct, and coordinate Department-wide policy development and implementation and strategic planning; (2) develop and coordinate policies to promote and ensure quality, consistency, and integration for the programs, components, offices, and activities across the Department; (3) develop and coordinate strategic plans and long-term goals of the Department with risk-based analysis and planning to improve operational mission effectiveness, including consultation with the Secretary regarding the quadrennial homeland security review under [section 347 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section347&num=0&edition=prelim); (4) manage Department leadership councils and provide analytics and support to such councils; (5) manage international coordination and engagement for the Department; (6) review and incorporate, as appropriate, external stakeholder feedback into Department policy; and (7) carry out such other responsibilities as the Secretary determines appropriate. **(d) Deputy Under Secretary** (1) **In general** — The Secretary may— (A) establish within the Office of Strategy, Policy, and Plans a position of Deputy Under Secretary to support the Under Secretary for Strategy, Policy, and Plans in

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 381

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 565 — 5-year technology investment plan

**(a) In general** The Administrator shall— (1) not later than 180 days after December 18, 2014, develop and submit to Congress a strategic 5-year technology investment plan, that may include a classified addendum to report sensitive transportation security risks, technology vulnerabilities, or other sensitive security information; and (2) to the extent possible, publish the Plan in an unclassified format in the public domain. **(b) Consultation** The Administrator shall develop the Plan in consultation with— (1) the Under Secretary for Management; (2) the Under Secretary for Science and Technology; (3) the Chief Information Officer; and (4) the aviation industry stakeholder advisory committee established by the Administrator. **(c) Approval** The Administrator may not publish the Plan under subsection (a)(2) until it has been approved by the Secretary. **(d) Contents of Plan** The Plan shall include— (1) an analysis of transportation security risks and the associated capability gaps that would be best addressed by security-related technology, including consideration of the most recent quadrennial homeland security review under [section 347 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section347&num=0&edition=prelim); (2) a set of security-related technology acquisition needs that— (A) is prioritized based on risk and associated capability gaps identified under paragraph (1); and (B) includes planned technology programs and projects with defined objectives, goals, timelines, and measures; (3) an analysis of current and forecast trends in domestic and international passenger travel; (4) an identification of currently deployed security-related technologies that are at or near the end of their lifecycles; (5) an ide

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 565

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 665d — Cybersecurity strategy

**(a) In general** Not later than 90 days after December 23, 2016, the Secretary shall develop a departmental strategy to carry out cybersecurity responsibilities as set forth in law. **(b) Contents** The strategy required under subsection (a) shall include the following: (1) Strategic and operational goals and priorities to successfully execute the full range of the Secretary’s cybersecurity responsibilities. (2) Information on the programs, policies, and activities that are required to successfully execute the full range of the Secretary’s cybersecurity responsibilities, including programs, policies, and activities in furtherance of the following: (A) Cybersecurity functions set forth in [section 659 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section659&num=0&edition=prelim) (relating to the national cybersecurity and communications integration center). (B) Cybersecurity investigations capabilities. (C) Cybersecurity research and development. (D) Engagement with international cybersecurity partners. **(c) Considerations** In developing the strategy required under subsection (a), the Secretary shall— (1) consider— (A) the cybersecurity strategy for the Homeland Security Enterprise published by the Secretary in November 2011; (B) the Department of Homeland Security Fiscal Years 2014–2018 Strategic Plan; and (C) the most recent Quadrennial Homeland Security Review issued pursuant to [section 347 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section347&num=0&edition=prelim); and (2) include information on the roles and responsibilities of components and offices of the Department, to the extent practicable, to carry out such strategy. **(d) Implementation plan** Not lat

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 665d

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 347 — Quadrennial homeland security review

Page 197 TITLE 6—DOMESTIC SECURITY § 347 1 So in original. Probably should be ‘‘offices’’. 1 So in original. tion, including the use of funds appropriated to carry out this section, and detailing any allega- tions of abuses described under subsection (a)(1) and any actions taken by the Department in re- sponse to such allegations. (Pub. L. 107–296, title VII, § 705, Nov. 25, 2002, 116 Stat. 2219; Pub. L. 108–458, title VIII, § 8303, Dec. 17, 2004, 118 Stat. 3867.) Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–458, § 8303(1), reenacted heading without change and amended introductory pro- visions generally. Prior to amendment, introductory provisions read as follows: ‘‘The Secretary shall ap- point in the Department an Officer for Civil Rights and Civil Liberties, who shall—’’. Subsec. (a)(1). Pub. L. 108–458, § 8303(2), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘review and assess information alleging abuses of civil rights, civil liberties, and racial and ethnic profiling by employees and officials of the Department; and’’. Subsec. (a)(3) to (6). Pub. L. 108–458, § 8303(3), (4), added pars. (3) to (6). § 346. Consolidation and co-location of offices Not later than 1 year after November 25, 2002, the Secretary shall develop and submit to Con- gress a plan for consolidating and co-locating— (1) any regional offices or field offices of agencies that are transferred to the Depart- ment under this chapter, if such officers 1 are located in the same municipality; and (2) portions of regional and field offices of other Federal agencies, to the extent such of- fices perform functions that are transferred to the Secretary under this chapter. (Pub. L. 107–296, title VII, § 706, Nov. 25, 2002, 116 Stat. 2220

Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 347

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