H. R. 5005—82
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 chil-
dren of American patriots is inequitable and needs improve-
ment.
(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 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 sub-
section 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, chil-
dren, 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 3(4) of the
National Security Act of 1947;
(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 pur-
poses.
H. R. 5005—83
(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 confiden-
tially 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 con-
sistent 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 dedi-
cated 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 compensa-
tion 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 con-
ducting the activities described in clauses (i) and (ii) of section
301(20)(A) of the Federal Election Campaign Act of 1971 so that
a general solicitation of funds by an individual described in para-
graph (1) of section 323(e) of such Act 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
H. R. 5005—84
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 the date of
enactment of this Act, 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.
TITLE VII—MANAGEMENT
SEC. 701. UNDER SECRETARY FOR MANAGEMENT.
(a) IN GENERAL.—The Secretary, acting through the Under
Secretary for Management, shall be responsible for the management
and administration 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 communications systems.
(5) Facilities, property, equipment, and other material
resources.
(6) Security for personnel, information technology and
communications systems, facilities, property, equipment, and
other material resources.
(7) Identification and tracking of performance measures
relating to the responsibilities of the Department.
(8) Grants and other assistance management programs.
(9) The transition and reorganization process, to ensure
an efficient and orderly transfer of functions and personnel
to the Department, including the development of a transition
plan.
(10) The conduct of internal audits and management anal-
yses of the programs and activities of the Department.
(11) Any other management duties that the Secretary may
designate.
(b) IMMIGRATION.—
(1) IN
GENERAL.—In addition to the responsibilities
described in subsection (a), the Under Secretary for Manage-
ment shall be responsible for the following:
(A) Maintenance of all immigration statistical informa-
tion of the Bureau of Border Security and the Bureau
of Citizenship and Immigration Services. Such statistical
information shall include information and statistics of the
H. R. 5005—85
type contained in the publication entitled ‘‘Statistical Year-
book of the Immigration and Naturalization Service’’ pre-
pared by the Immigration and Naturalization Service (as
in effect immediately before the date on which the transfer
of functions specified under section 441 takes effect),
including region-by-region statistics on the aggregate
number of applications and petitions filed by an alien (or
filed on behalf of an alien) and denied by such bureau,
and the reasons for such denials, disaggregated by category
of denial and application or petition type.
(B) Establishment of standards of reliability and
validity for immigration statistics collected by such
bureaus.
(2) TRANSFER OF FUNCTIONS.—In accordance with title XV,
there shall be transferred to the Under Secretary for Manage-
ment all functions performed immediately before such transfer
occurs by the Statistics Branch of the Office of Policy and
Planning of the Immigration and Naturalization Service with
respect to the following programs:
(A) The Border Patrol program.
(B) The detention and removal program.
(C) The intelligence program.
(D) The investigations program.
(E) The inspections program.
(F) Adjudication of immigrant visa petitions.
(G) Adjudication of naturalization petitions.
(H) Adjudication of asylum and refugee applications.
(I) Adjudications performed at service centers.
(J) All other adjudications performed by the Immigra-
tion and Naturalization Service.
SEC. 702. CHIEF FINANCIAL OFFICER.
The Chief Financial Officer shall report to the Secretary, or
to another official of the Department, as the Secretary may direct.
SEC. 703. CHIEF INFORMATION OFFICER.
The Chief Information Officer shall report to the Secretary,
or to another official of the Department, as the Secretary may
direct.
SEC. 704. CHIEF HUMAN CAPITAL OFFICER.
The Chief Human Capital Officer shall report to the Secretary,
or to another official of the Department, as the Secretary may
direct and shall ensure that all employees of the Department are
informed of their rights and remedies under chapters 12 and 23
of title 5, United States Code, by—
(1) participating in the 2302(c) Certification Program of
the Office of Special Counsel;
(2) achieving certification from the Office of Special Counsel
of the Department’s compliance with section 2302(c) of title
5, United States Code; and
(3) informing Congress of such certification not later than
24 months after the date of enactment of this Act.
SEC. 705. ESTABLISHMENT OF OFFICER FOR CIVIL RIGHTS AND CIVIL
LIBERTIES.
(a) IN GENERAL.—The Secretary shall appoint in the Depart-
ment an Officer for Civil Rights and Civil Liberties, who shall—