50 U.S.C. § 3516 — Health benefits for certain former spouses

Page 893 TITLE 50—WAR AND NATIONAL DEFENSE § 3516 liability, to be acting within the scope of their office or employment when such Agency per- sonnel take reasonable action, which may in- clude the use of force, to— (A) protect an individual in the presence of such Agency personnel from a crime of vio- lence; (B) provide immediate assistance to an indi- vidual who has suffered or who is threatened with bodily harm; or (C) prevent the escape of any individual whom such Agency personnel reasonably be- lieve to have committed a crime of violence in the presence of such Agency personnel. (2) Paragraph (1) shall not affect the authori- ties of the Attorney General under section 2679 of title 28. (3) In this subsection, the term ‘‘crime of vio- lence’’ has the meaning given that term in sec- tion 16 of title 18. (June 20, 1949, ch. 227, § 15, as added Pub. L. 98–473, title I, § 140, Oct. 12, 1984, 98 Stat. 1973, and Pub. L. 98–618, title IV, § 401, Nov. 8, 1984, 98 Stat. 3301; amended Pub. L. 105–107, title IV, § 404, Nov. 20, 1997, 111 Stat. 2260; Pub. L. 107–306, title VIII, § 841(d), Nov. 27, 2002, 116 Stat. 2432; Pub. L. 108–177, title III, § 377(b)(3), title IV, § 402, Dec. 13, 2003, 117 Stat. 2630, 2631; Pub. L. 116–92, div. E, title LXIV, § 6413, Dec. 20, 2019, 133 Stat. 2198; Pub. L. 117–263, div. F, title LXIII, § 6303(a), title LXIV, § 6414(b), Dec. 23, 2022, 136 Stat. 3503, 3528; Pub. L. 118–31, div. G, title III, § 7331, Dec. 22, 2023, 137 Stat. 1045.) Editorial Notes CODIFICATION Section was formerly classified to section 403o of this title prior to editorial reclassification and renumbering as this section. Pub. L. 98–473, title I, § 140 and Pub. L. 98–618, title IV, § 401, added substantially identical sections 15 to act June 20, 1949, ch. 227. This section is based on the sec- tion 15 of act June 20, 1949, ch. 227, as added by Pub. L. 98–618. AMENDMENTS 2023—Subsec. (b). Pub. L. 118–31 substituted ‘‘the max- imum penalty authorized for a Class B misdemeanor under section 3559 of title 18’’ for ‘‘those specified in section 1315(c)(2) of title 40’’. 2022—Subsec. (a)(1)(D). Pub. L. 117–263, § 6303(a)(1)(A), (C), added subpar. (D). Former subpar. (D) redesignated (E). Subsec. (a)(1)(E). Pub. L. 117–263, § 6303(a)(1)(B), (D), redesignated subpar. (D) as (E) and inserted ‘‘or (D)’’ after ‘‘in subparagraph (C)’’. Subsec. (a)(2). Pub. L. 117–263, § 6303(a)(2), substituted ‘‘or (E)’’ for ‘‘or (D)’’. Subsec. (a)(4). Pub. L. 117–263, § 6303(a)(3), substituted ‘‘in subparagraph (A), (C), or (D)’’ for ‘‘in subparagraph (A) or (C)’’. Subsec. (d)(1). Pub. L. 117–263, § 6414(b), substituted ‘‘designated by the Director to carry firearms under subparagraph (D) or (E) of section 3506(a)(4) of this title,’’ for ‘‘designated by the Director under section 3506(a)(4) of this title to carry firearms for the protec- tion of current or former Agency personnel and their immediate families, defectors and their immediate families, and other persons in the United States under Agency auspices,’’ in introductory provisions. 2019—Subsec. (a)(1)(B). Pub. L. 116–92, § 6413(1), sub- stituted ‘‘500 yards;’’ for ‘‘500 feet;’’. Subsec. (a)(1)(D). Pub. L. 116–92, § 6413(2), substituted ‘‘500 yards.’’ for ‘‘500 feet.’’ 2003—Subsec. (a)(1). Pub. L. 108–177, § 377(b)(3)(A), sub- stituted ‘‘officers and agents of the Department of Homeland Security, as provided in section 1315(b)(2) of title 40,’’ for ‘‘special policemen of the General Services Administration perform under the first section of the Act entitled ‘An Act to authorize the Federal Works Administrator or officials of the Federal Works Agency duly authorized by him to appoint special policeman for duty upon Federal property under the jurisdiction of the Federal Works Agency, and for other pur- poses’ (40 U.S.C. 318),’’. Subsec. (b). Pub. L. 108–177, § 377(b)(3)(B), substituted ‘‘section 1315(c)(2) of title 40’’ for ‘‘the fourth section of the Act referred to in subsection (a) of this section (40 U.S.C. 318c)’’. Subsec. (d). Pub. L. 108–177, § 402, added subsec. (d). 2002—Subsec. (a)(5). Pub. L. 107–306 struck out par. (5) which read as follows: ‘‘Not later than December 1, 1998, and annually thereafter, the Director shall submit a report to the Permanent Select Committee on Intel- ligence of the House of Representatives and the Select Committee on Intelligence of the Senate that describes in detail the exercise of the authority granted by this subsection, and the underlying facts supporting the ex- ercise of such authority, during the preceding fiscal year. The Director shall make such report available to the Inspector General of the Central Intelligence Agen- cy.’’ 1997—Subsec. (a)(1). Pub. L. 105–107, § 404(1), (2), in- serted ‘‘(1)’’ after ‘‘(a)’’, substituted ‘‘powers—’’ for ‘‘powers only within Agency installations, and the rules and regulations enforced by such personnel shall be rules and regulations promulgated by the Director.’’, and added subpars. (A) to (D). Subsec. (a)(2) to (5). Pub. L. 105–107, § 404(3), added pars. (2) to (5). Statutory Notes and Related Subsidiaries DESIGNATION OF HEADQUARTERS COMPOUND OF CENTRAL INTELLIGENCE AGENCY AS THE GEORGE BUSH CENTER FOR INTELLIGENCE Reference to the headquarters compound of the Cen- tral Intelligence Agency deemed to be a reference to the George Bush Center for Intelligence, see section 309 of Pub. L. 105–272, set out as a note under section 3501 of this title. § 3516. Health benefits for certain former spouses of Central Intelligence Agency employees (a) Persons eligible Except as provided in subsection (e), any indi- vidual— (1) formerly married to an employee or former employee of the Agency, whose mar- riage was dissolved by divorce or annulment before May 7, 1985; (2) who, at any time during the eighteen- month period before the divorce or annulment became final, was covered under a health bene- fits plan as a member of the family of such employee or former employee; and (3) who was married to such employee for not less than ten years during periods of serv- ice by such employee with the Agency, at least five years of which were spent outside the United States by both the employee and the former spouse, is eligible for coverage under a health benefits plan in accordance with the provisions of this section. (b) Enrollment for health benefits (1) Any individual eligible for coverage under subsection (a) may enroll in a health benefits Page 894 TITLE 50—WAR AND NATIONAL DEFENSE § 3516 plan for self alone or for self and family if, be- fore the expiration of the six-month period be- ginning on October 1, 1986, and in accordance with such procedures as the Director of the Of- fice of Personnel Management shall by regula- tion prescribe, such individual— (A) files an election for such enrollment; and (B) arranges to pay currently into the Em- ployees Health Benefits Fund under section 8909 of title 5 an amount equal to the sum of the employee and agency contributions pay- able in the case of an employee enrolled under chapter 89 of such title in the same health benefits plan and with the same level of bene- fits. (2) The Director of the Central Intelligence Agency shall, as soon as possible, take all steps practicable— (A) to determine the identity and current address of each former spouse eligible for cov- erage under subsection (a); and (B) to notify each such former spouse of that individual’s rights under this section. (3) The Director of the Office of Personnel Management, upon notification by the Director of the Central Intelligence Agency, shall waive the six-month limitation set forth in paragraph (1) in any case in which the Director of the Cen- tral Intelligence Agency determines that the circumstances so warrant. (c) Eligibility of former wives or husbands (1) Notwithstanding subsections (a) and (b) and except as provided in subsections (d), (e), and (f), an individual— (A) who was divorced on or before December 4, 1991, from a participant or retired partici- pant in the Central Intelligence Agency Re- tirement and Disability System or the Federal Employees Retirement System Special Cat- egory; (B) who was married to such participant for not less than ten years during the partici- pant’s creditable service, at least five years of which were spent by the participant during the participant’s service as an employee of the Agency outside the United States, or other- wise in a position the duties of which qualified the participant for designation by the Director as a participant under section 2013 of this title; and (C) who was enrolled in a health benefits plan as a family member at any time during the 18-month period before the date of dissolu- tion of the marriage to such participant; is eligible for coverage under a health benefits plan. (2) A former spouse eligible for coverage under paragraph (1) may enroll in a health benefits plan in accordance with subsection (b)(1), except that the election for such enrollment must be submitted within 60 days after the date on which the Director notifies the former spouse of such individual’s eligibility for health insurance cov- erage under this subsection. (d) Continuation of eligibility Notwithstanding subsections (a), (b), and (c) and except as provided in subsections (e) and (f), an individual divorced on or before December 4, 1991, from a participant or retired participant in the Central Intelligence Agency Retirement and Disability System or Federal Employees’ Retire- ment System Special Category who enrolled in a health benefits plan following the dissolution of the marriage to such participant may continue enrollment following the death of such partici- pant notwithstanding the termination of the re- tirement annuity of such individual. (e) Remarriage before age fifty-five; continued enrollment; restored eligibility (1) Any former spouse who remarries before age fifty-five is not eligible to make an election under subsection (b)(1). (2) Any former spouse enrolled in a health ben- efits plan pursuant to an election under sub- section (b)(1) or to subsection (d) may continue the enrollment under the conditions of eligi- bility which the Director of the Office of Per- sonnel Management shall by regulation pre- scribe, except that any former spouse who re- marries before age fifty-five shall not be eligible for continued enrollment under this section after the end of the thirty-one-day period begin- ning on the date of remarriage. (3)(A) A former spouse who is not eligible to enroll or to continue enrollment in a health ben- efits plan under this section solely because of re- marriage before age fifty-five shall be restored to such eligibility on the date such remarriage is dissolved by death, annulment, or divorce. (B) A former spouse whose eligibility is re- stored under subparagraph (A) may, under regu- lations which the Director of the Office of Per- sonnel Management shall prescribe, enroll in a health benefits plan if such former spouse— (i) was an individual referred to in paragraph (1) and was an individual covered under a ben- efits plan as a family member at any time dur- ing the 18-month period before the date of dis- solution of the marriage to the Agency em- ployee or annuitant; or (ii) was an individual referred to in para- graph (2) and was an individual covered under a benefits plan immediately before the remar- riage ended the enrollment. (f) Enrollment in health benefits plan under other authority No individual may be covered by a health ben- efits plan under this section during any period in which such individual is enrolled in a health benefits plan under any other authority, nor may any individual be covered under more than one enrollment under this section. (g) ‘‘Health benefits plan’’ defined For purposes of this section the term ‘‘health benefits plan’’ means an approved health bene- fits plan under chapter 89 of title 5. (June 20, 1949, ch. 227, § 16, as added Pub. L. 99–569, title III, § 303(a), Oct. 27, 1986, 100 Stat. 3194; amended Pub. L. 102–88, title III, § 307(c), Aug. 14, 1991, 105 Stat. 433; Pub. L. 103–178, title II, § 203(c), Dec. 3, 1993, 107 Stat. 2031; Pub. L. 108–458, title I, § 1071(b)(2)(B), (b)(3)(B), (C), Dec. 17, 2004, 118 Stat. 3690, 3691.) Page 895 TITLE 50—WAR AND NATIONAL DEFENSE § 3517 Editorial Notes CODIFICATION Section was formerly classified to section 403p of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2004—Subsec. (b)(2). Pub. L. 108–458, § 1071(b)(3)(B), substituted ‘‘Director of the Central Intelligence Agen- cy’’ for ‘‘Director of Central Intelligence’’ in introduc- tory provisions. Subsec. (b)(3). Pub. L. 108–458, § 1071(b)(3)(C), sub- stituted ‘‘Director of the Central Intelligence Agency’’ for ‘‘Director of Central Intelligence’’ in two places. Subsec. (c)(1)(B). Pub. L. 108–458, § 1071(b)(2)(B), struck out ‘‘of Central Intelligence’’ after ‘‘Director’’. 1993—Subsec. (a). Pub. L. 103–178, § 203(c)(2)(A), sub- stituted ‘‘subsection (e)’’ for ‘‘subsection (c)(1)’’ in in- troductory provisions. Subsecs. (c), (d). Pub. L. 103–178, § 203(c)(1), added sub- secs. (c) and (d). Former subsecs. (c) and (d) redesig- nated (e) and (f), respectively. Subsec. (e). Pub. L. 103–178, § 203(c)(2)(B), inserted ‘‘or to subsection (d)’’ after ‘‘subsection (b)(1)’’ in par. (2). Pub. L. 103–178, § 203(c)(1)(A), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g). Subsecs. (f), (g). Pub. L. 103–178, § 203(c)(1)(A), redesig- nated subsecs. (d) and (e) as (f) and (g), respectively. 1991—Subsec. (c)(3). Pub. L. 102–88 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 203(c) of Pub. L. 103–178 appli- cable to individuals on and after Oct. 1, 1994, with no benefits provided pursuant to section 203(c) payable with respect to any period before Oct. 1, 1994, except that subsec. (d) of this section applicable to individuals beginning Dec. 3, 1993, see section 203(e) of Pub. L. 103–178, set out as a Survivor Annuity, Retirement An- nuity, and Health Benefits for Certain Ex-Spouses of Central Intelligence Agency Employees; Effective Date note under section 2032 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–88, title III, § 307(d), Aug. 14, 1991, 105 Stat. 433, provided that: ‘‘The amendments made by this sec- tion [amending this section and provisions formerly set out as a note under section 403 of this title] shall take effect as of October 1, 1990. No benefits provided pursu- ant to the amendments made by this section shall be payable with respect to any period before such date.’’ EFFECTIVE DATE Pub. L. 99–569, title III, § 303(b), Oct. 27, 1986, 100 Stat. 3195, provided that: ‘‘The amendment made by this sec- tion [enacting this section] shall take effect on October 1, 1986.’’ COMPLIANCE WITH BUDGET ACT Pub. L. 102–88, title III, § 307(e), Aug. 14, 1991, 105 Stat. 433, provided that: ‘‘Any new spending authority (with- in the meaning of section 401(c) of the Congressional Budget Act of 1974 [2 U.S.C. 651(c)]) provided pursuant to the amendments made by this section [amending this section and provisions formerly set out as a note under section 403 of this title] shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.’’ § 3517. Inspector General for Agency (a) Purpose; establishment In order to— (1) create an objective and effective office, appropriately accountable to Congress, to ini- tiate and conduct independently inspections, investigations, and audits relating to pro- grams and operations of the Agency; (2) provide leadership and recommend poli- cies designed to promote economy, efficiency, and effectiveness in the administration of such programs and operations, and detect fraud and abuse in such programs and operations; (3) provide a means for keeping the Director fully and currently informed about problems and deficiencies relating to the administration of such programs and operations, and the ne- cessity for and the progress of corrective ac- tions; and (4) in the manner prescribed by this section, ensure that the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence (hereafter in this section referred to collectively as the ‘‘intel- ligence committees’’) are kept similarly in- formed of significant problems and defi- ciencies as well as the necessity for and the progress of corrective actions, there is hereby established in the Agency an Of- fice of Inspector General (hereafter in this sec- tion referred to as the ‘‘Office’’). (b) Appointment; supervision; removal (1) There shall be at the head of the Office an Inspector General who shall be appointed by the President, by and with the advice and consent of the Senate. This appointment shall be made without regard to political affiliation and shall be on the basis of integrity and demonstrated ability in accounting, auditing, financial anal- ysis, law, management analysis, public adminis- tration, or investigation. Such appointment shall also be made on the basis of compliance with the security standards of the Agency and prior experience in the field of foreign intel- ligence. (2) The Inspector General shall report directly to and be under the general supervision of the Director. (3) The Director may prohibit the Inspector General from initiating, carrying out, or com- pleting any audit, inspection, or investigation, or from issuing any subpoena, after the Inspec- tor General has decided to initiate, carry out, or complete such audit, inspection, or investiga- tion or to issue such subpoena, if the Director determines that such prohibition is necessary to protect vital national security interests of the United States. (4) If the Director exercises any power under paragraph (3), he shall submit an appropriately classified statement of the reasons for the exer- cise of such power within seven days to the in- telligence committees. The Director shall advise the Inspector General at the time such report is