6 U.S.C. § 331 — Treatment of charitable trusts for members

Page 187 TITLE 6—DOMESTIC SECURITY § 331 (e) Rule of construction Nothing in this Act shall be construed to re- quire the Secretary of Homeland Security to promulgate or enforce regulations under sub- chapter II of chapter 5 of title 5 (commonly known as the ‘‘Administrative Procedure Act’’). (Pub. L. 117–248, § 2, Dec. 20, 2022, 136 Stat. 2348.) Editorial Notes REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (d), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. CODIFICATION Section was enacted as part of the Protecting Fire- fighters from Adverse Substances Act, also known as the PFAS Act, and not as part of the Homeland Secu- rity Act of 2002 which comprises this chapter. SUBCHAPTER VI—TREATMENT OF CHARI- TABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZA- TIONS § 331. 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 bat- tling 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 bat- tling the evils of terrorism around the world. (5) Employees of the Federal Bureau of In- vestigation (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 Na- tion. (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 be- came the first American to give his life for his country in the War on Terrorism declared by President George W. Bush following the ter- rorist 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 require- ments under law with respect to charitable enti- ties 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 dona- tions reasonably necessary to establish a trust, at least 85 percent of all funds or dona- tions (including any earnings on the invest- ment of such funds or donations) received or collected by any Johnny Micheal Spann Pa- triot 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; (C) employees of the Federal Bureau of In- vestigation; and (D) officers, employees, or contract em- ployees of the United States Government, whose deaths occur in the line of duty and arise out of terrorist attacks, military oper- ations, intelligence operations, or law enforce- ment 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 (Pub- lic 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 per- cent of annual earnings on funds invested in a private foundation) may be used for adminis- trative 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 con- ducted in a manner inconsistent with any law that prohibits attempting to influence legisla- tion. (5) No Johnny Micheal Spann Patriot Trust may participate in or intervene in any polit- ical campaign on behalf of (or in opposition to) any candidate for public office, including by publication or distribution of statements. Page 188 TITLE 6—DOMESTIC SECURITY § 341 (6) Each Johnny Micheal Spann Patriot Trust shall comply with the instructions and directions of the Director of Central Intel- ligence, the Attorney General, or the Sec- retary of Defense relating to the protection of intelligence sources and methods, sensitive law enforcement information, or other sen- sitive national security information, including methods for confidentially disbursing funds. (7) Each Johnny Micheal Spann Patriot Trust that receives annual contributions to- taling more than $1,000,000 must be audited an- nually by an independent certified public ac- counting firm. Such audits shall be filed with the Internal Revenue Service, and shall be open to public inspection, except that the con- duct, filing, and availability of the audit shall be consistent with the protection of intel- ligence sources and methods, of sensitive law enforcement information, and of other sen- sitive 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 Pa- triot 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 indi- vidual described in paragraph (1). (B) Collateral source compensation includes all compensation from collateral sources, in- cluding 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 de- scribed in clauses (i) and (ii) of section 30101(20)(A) of title 52 so that a general solicita- tion of funds by an individual described in para- graph (1) of section 30125(e) of title 52 will be permissible if such solicitation meets the re- quirements 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 sen- sitive law enforcement information, and other sensitive national security information, the Sec- retary of Defense, the Director of the Federal Bureau of Investigation, or the Director of Cen- tral Intelligence, or their designees, as applica- ble, may forward information received from an executor, administrator, or other legal rep- resentative of the estate of a decedent described in subparagraph (A), (B), (C), or (D) of sub- section (c)(1), to a Johnny Micheal Spann Pa- triot Trust on how to contact individuals eligi- ble 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 Fed- eral Bureau of Investigation, and the Director of Central Intelligence, shall prescribe regulations to carry out this section. (Pub. L. 107–296, title VI, § 601, Nov. 25, 2002, 116 Stat. 2215.) Editorial Notes REFERENCES IN TEXT The Authorization for Use of Military Force, referred to in subsec. (c)(1), is Pub. L. 107–40, Sept. 18, 2001, 115 Stat. 224, which is set out as a note under section 1541 of Title 50, War and National Defense. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense. SUBCHAPTER VII—MANAGEMENT § 341. Under Secretary for Management (a) In general The Under Secretary for Management shall serve as the Chief Management Officer and prin- cipal advisor to the Secretary on matters re- lated to the management of the Department, in- cluding management integration and trans- formation in support of homeland security oper- ations and programs. The Secretary, acting through the Under Secretary for Management, shall be responsible for the management and ad- ministration of the Department, including the following: (1) The budget, appropriations, expenditures of funds, accounting, and finance. (2) Procurement. (3) Human resources and personnel. (4) Information technology and communica- tions systems, including policies and direc- tives to achieve and maintain interoperable communications among the components of the Department. (5) Facilities, property, equipment, vehicle fleets (under subsection (c)), and other mate- rial resources. (6) Security for personnel, information tech- nology and communications systems, facili-