SEC. 523. [6 U.S.C. 321L] GUIDANCE AND RECOMMENDATIONS.

(a) In General.--Consistent with their responsibilities and

authorities under law, as of the day before the date of the

enactment of this section, the Administrator and the Assistant

Secretary for Infrastructure Protection, in consultation with

the private sector, may develop guidance or recommendations and

identify best practices to assist or foster action by the

private sector in--

(1) identifying potential hazards and assessing

risks and impacts;

(2) mitigating the impact of a wide variety of

hazards, including weapons of mass destruction;

(3) managing necessary emergency preparedness and

response resources;

(4) developing mutual aid agreements;

(5) developing and maintaining emergency

preparedness and response plans, and associated

operational procedures;

(6) developing and conducting training and

exercises to support and evaluate emergency

preparedness and response plans and operational

procedures;

(7) developing and conducting training programs for

security guards to implement emergency preparedness and

response plans and operations procedures; and

(8) developing procedures to respond to requests

for information from the media or the public.

(b) Issuance and Promotion.--Any guidance or

recommendations developed or best practices identified under

subsection (a) shall be--

(1) issued through the Administrator; and

(2) promoted by the Secretary to the private

sector.

(c) Small Business Concerns.--In developing guidance or

recommendations or identifying best practices under subsection

(a), the Administrator and the Assistant Secretary for

Infrastructure Protection shall take into consideration small

business concerns (under the meaning given that term in section

3 of the Small Business Act (15 U.S.C. 632)), including any

need for separate guidance or recommendations or best

practices, as necessary and appropriate.

(d) Rule of Construction.--Nothing in this section may be

construed to supersede any requirement established under any

other provision of law.

SEC. 524. [6 U.S.C. 321M] VOLUNTARY PRIVATE SECTOR PREPAREDNESS

ACCREDITATION AND CERTIFICATION PROGRAM.

(a) Establishment.--

(1) In general.--The Secretary, acting through the

officer designated under paragraph (2), shall establish

and implement the voluntary private sector preparedness

accreditation and certification program in accordance

with this section.

(2) Designation of officer.--The Secretary shall

designate an officer responsible for the accreditation

and certification program under this section. Such

officer (hereinafter referred to in this section as the

``designated officer'') shall be one of the following:

(A) The Administrator, based on

consideration of--

(i) the expertise of the

Administrator in emergency management

and preparedness in the United States;

and

(ii) the responsibilities of the

Administrator as the principal advisor

to the President for all matters

relating to emergency management in the

United States.

(B) The Assistant Secretary for

Infrastructure Protection, based on

consideration of the expertise of the Assistant

Secretary in, and responsibilities for--

(i) protection of critical

infrastructure;

(ii) risk assessment methodologies;

and

(iii) interacting with the private

sector on the issues described in

clauses (i) and (ii).

(C) The Under Secretary for Science and

Technology, based on consideration of the

expertise of the Under Secretary in, and

responsibilities associated with, standards.

(3) Coordination.--In carrying out the

accreditation and certification program under this

section, the designated officer shall coordinate with--

(A) the other officers of the Department

referred to in paragraph (2), using the

expertise and responsibilities of such

officers; and

(B) the Special Assistant to the Secretary

for the Private Sector, based on consideration

of the expertise of the Special Assistant in,

and responsibilities for, interacting with the

private sector.

(b) Voluntary Private Sector Preparedness Standards;

Voluntary Accreditation and Certification Program for the

Private Sector.--

(1) Accreditation and certification program.--Not

later than 210 days after the date of enactment of the

Implementing Recommendations of the 9/11 Commission Act

of 2007, the designated officer shall--

(A) begin supporting the development and

updating, as necessary, of voluntary

preparedness standards through appropriate

organizations that coordinate or facilitate the

development and use of voluntary consensus

standards and voluntary consensus standards

development organizations; and

(B) in consultation with representatives of

appropriate organizations that coordinate or

facilitate the development and use of voluntary

consensus standards, appropriate voluntary

consensus standards development organizations,

each private sector advisory council created

under section 102(f)(4), appropriate

representatives of State and local governments,

including emergency management officials, and

appropriate private sector advisory groups,

such as sector coordinating councils and

information sharing and analysis centers--

(i) develop and promote a program

to certify the preparedness of private

sector entities that voluntarily choose

to seek certification under the

program; and

(ii) implement the program under

this subsection through any entity with

which the designated officer enters

into an agreement under paragraph

(3)(A), which shall accredit third

parties to carry out the certification

process under this section.

(2) Program elements.--

(A) In general.--

(i) Program.--The program developed

and implemented under this subsection

shall assess whether a private sector

entity complies with voluntary

preparedness standards.

(ii) Guidelines.--In developing the

program under this subsection, the

designated officer shall develop

guidelines for the accreditation and

certification processes established

under this subsection.

(B) Standards.--The designated officer, in

consultation with representatives of

appropriate organizations that coordinate or

facilitate the development and use of voluntary

consensus standards, representatives of

appropriate voluntary consensus standards

development organizations, each private sector

advisory council created under section

102(f)(4), appropriate representatives of State

and local governments, including emergency

management officials, and appropriate private

sector advisory groups such as sector

coordinating councils and information sharing

and analysis centers--

(i) shall adopt one or more

appropriate voluntary preparedness

standards that promote preparedness,

which may be tailored to address the

unique nature of various sectors within

the private sector, as necessary and

appropriate, that shall be used in the

accreditation and certification program

under this subsection; and

(ii) after the adoption of one or

more standards under clause (i), may

adopt additional voluntary preparedness

standards or modify or discontinue the

use of voluntary preparedness standards

for the accreditation and certification

program, as necessary and appropriate

to promote preparedness.

(C) Submission of recommendations.--In

adopting one or more standards under

subparagraph (B), the designated officer may

receive recommendations from any entity

described in that subparagraph relating to

appropriate voluntary preparedness standards,

including appropriate sector specific

standards, for adoption in the program.

(D) Small business concerns.--The

designated officer and any entity with which

the designated officer enters into an agreement

under paragraph (3)(A) shall establish separate

classifications and methods of certification

for small business concerns (under the meaning

given that term in section 3 of the Small

Business Act (15 U.S.C. 632)) for the program

under this subsection.

(E) Considerations.--In developing and

implementing the program under this subsection,

the designated officer shall--

(i) consider the unique nature of

various sectors within the private

sector, including preparedness

standards, business continuity

standards, or best practices,

established--

(I) under any other

provision of Federal law; or

(II) by any sector-specific

agency, as defined under

Homeland Security Presidential

Directive-7; and

(ii) coordinate the program, as

appropriate, with--

(I) other Department

private sector related

programs; and

(II) preparedness and

business continuity programs in

other Federal agencies.

(3) Accreditation and certification processes.--

(A) Agreement.--

(i) In general.--Not later than 210

days after the date of enactment of the

Implementing Recommendations of the 9/

11 Commission Act of 2007, the

designated officer shall enter into one

or more agreements with a highly

qualified nongovernmental entity with

experience or expertise in coordinating

and facilitating the development and

use of voluntary consensus standards

and in managing or implementing

accreditation and certification

programs for voluntary consensus

standards, or a similarly qualified

private sector entity, to carry out

accreditations and oversee the

certification process under this

subsection. An entity entering into an

agreement with the designated officer

under this clause (hereinafter referred

to in this section as a ``selected

entity'') shall not perform

certifications under this subsection.

(ii) Contents.--A selected entity

shall manage the accreditation process

and oversee the certification process

in accordance with the program

established under this subsection and

accredit qualified third parties to

carry out the certification program

established under this subsection.

(B) Procedures and requirements for

accreditation and certification.--

(i) In general.--Any selected

entity shall collaborate to develop

procedures and requirements for the

accreditation and certification

processes under this subsection, in

accordance with the program established

under this subsection and guidelines

developed under paragraph (2)(A)(ii).

(ii) Contents and use.--The

procedures and requirements developed

under clause (i) shall--

(I) ensure reasonable

uniformity in any accreditation

and certification processes if

there is more than one selected

entity; and

(II) be used by any

selected entity in conducting

accreditations and overseeing

the certification process under

this subsection.

(iii) Disagreement.--Any

disagreement among selected entities in

developing procedures under clause (i)

shall be resolved by the designated

officer.

(C) Designation.--A selected entity may

accredit any qualified third party to carry out

the certification process under this

subsection.

(D) Disadvantaged business involvement.--In

accrediting qualified third parties to carry

out the certification process under this

subsection, a selected entity shall ensure, to

the extent practicable, that the third parties

include qualified small, minority, women-owned,

or disadvantaged business concerns when

appropriate. The term ``disadvantaged business

concern'' means a small business that is owned

and controlled by socially and economically

disadvantaged individuals, as defined in

section 124 of title 13, United States Code of

Federal Regulations.

(E) Treatment of other certifications.--At

the request of any entity seeking

certification, any selected entity may

consider, as appropriate, other relevant

certifications acquired by the entity seeking

certification. If the selected entity

determines that such other certifications are

sufficient to meet the certification

requirement or aspects of the certification

requirement under this section, the selected

entity may give credit to the entity seeking

certification, as appropriate, to avoid

unnecessarily duplicative certification

requirements.

(F) Third parties.--To be accredited under

subparagraph (C), a third party shall--

(i) demonstrate that the third

party has the ability to certify

private sector entities in accordance

with the procedures and requirements

developed under subparagraph (B);

(ii) agree to perform

certifications in accordance with such

procedures and requirements;

(iii) agree not to have any

beneficial interest in or any direct or

indirect control over--

(I) a private sector entity

for which that third party

conducts a certification under

this subsection; or

(II) any organization that

provides preparedness

consulting services to private

sector entities;

(iv) agree not to have any other

conflict of interest with respect to

any private sector entity for which

that third party conducts a

certification under this subsection;

(v) maintain liability insurance

coverage at policy limits in accordance

with the requirements developed under

subparagraph (B); and

(vi) enter into an agreement with

the selected entity accrediting that

third party to protect any proprietary

information of a private sector entity

obtained under this subsection.

(G) Monitoring.--

(i) In general.--The designated

officer and any selected entity shall

regularly monitor and inspect the

operations of any third party

conducting certifications under this

subsection to ensure that the third

party is complying with the procedures

and requirements established under

subparagraph (B) and all other

applicable requirements.

(ii) Revocation.--If the designated

officer or any selected entity

determines that a third party is not

meeting the procedures or requirements

established under subparagraph (B), the

selected entity shall--

(I) revoke the

accreditation of that third

party to conduct certifications

under this subsection; and

(II) review any

certification conducted by that

third party, as necessary and

appropriate.

(4) Annual review.--

(A) In general.--The designated officer, in

consultation with representatives of

appropriate organizations that coordinate or

facilitate the development and use of voluntary

consensus standards, appropriate voluntary

consensus standards development organizations,

appropriate representatives of State and local

governments, including emergency management

officials, and each private sector advisory

council created under section 102(f)(4), shall

annually review the voluntary accreditation and

certification program established under this

subsection to ensure the effectiveness of such

program (including the operations and

management of such program by any selected

entity and the selected entity's inclusion of

qualified disadvantaged business concerns under

paragraph (3)(D)) and make improvements and

adjustments to the program as necessary and

appropriate.

(B) Review of standards.--Each review under

subparagraph (A) shall include an assessment of

the voluntary preparedness standard or

standards used in the program under this

subsection.

(5) Voluntary participation.--Certification under

this subsection shall be voluntary for any private

sector entity.

(6) Public listing.--The designated officer shall

maintain and make public a listing of any private

sector entity certified as being in compliance with the

program established under this subsection, if that

private sector entity consents to such listing.

(c) Rule of Construction.--Nothing in this section may be

construed as--

(1) a requirement to replace any preparedness,

emergency response, or business continuity standards,

requirements, or best practices established--

(A) under any other provision of federal

law; or

(B) by any sector-specific agency, as those

agencies are defined under Homeland Security

Presidential Directive-7; or

(2) exempting any private sector entity seeking

certification or meeting certification requirements

under subsection (b) from compliance with all

applicable statutes, regulations, directives, policies,

and industry codes of practice.

TITLE VI--TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED

FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS

SEC. 601. [6 U.S.C. 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 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 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 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 301(20)(A) of the Federal Election Campaign Act of 1971

so that a general solicitation of funds by an individual

described in paragraph (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 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.

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