50 U.S.C. § 3512 — Gifts, devises, and bequests

Page 890 TITLE 50—WAR AND NATIONAL DEFENSE § 3512 (b) Regulations Regulations issued pursuant to this section shall be submitted to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before such regulations take effect. (June 20, 1949, ch. 227, § 11, as added Pub. L. 96–450, title IV, § 403(a), Oct. 14, 1980, 94 Stat. 1978; amended Pub. L. 115–31, div. N, title IV, § 411, May 5, 2017, 131 Stat. 820.) Editorial Notes REFERENCES IN TEXT The Foreign Service Act of 1980, referred to in subsec. (a), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of Title 22, Foreign Relations and Intercourse. For com- plete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Ta- bles. CODIFICATION Section was formerly classified to section 403k of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2017—Pub. L. 115–31 amended section generally. Prior to amendment, section related to Director’s authority to pay death gratuities. § 3512. Gifts, devises, and bequests (a) Use for operational purposes prohibited (1) Subject to the provisions of this section, the Director may accept, hold, administer, and use gifts of money, securities, or other property whenever the Director determines it would be in the interest of the United States to do so. (2) Any gift accepted by the Director as a gift to the Agency under this subsection (and any in- come produced by any such gift)— (A) may be used only for— (i) artistic display; (ii) purposes relating to the general wel- fare, education, or recreation of employees or dependents of employees of the Agency or for similar purposes; or (iii) purposes relating to the welfare, edu- cation, or recreation of an individual de- scribed in paragraph (3); and (B) under no circumstances may such a gift (or any income produced by any such gift) be used for operational purposes. (3) An individual described in this paragraph is an individual who— (A) is an employee or a former employee of the Agency who suffered injury or illness while employed by the Agency that— (i) resulted from hostile or terrorist activi- ties; (ii) occurred in connection with an intel- ligence activity having a significant element of risk; or (iii) occurred under other circumstances determined by the Director to be analogous to the circumstances described in clause (i) or (ii); (B) is a family member of such an employee or former employee; or (C) is a surviving family member of an em- ployee of the Agency who died in cir- cumstances described in clause (i), (ii), or (iii) of subparagraph (A). (4) The Director may not accept any gift under this section that is expressly conditioned upon any expenditure not to be met from the gift itself or from income produced by the gift unless such expenditure has been authorized by law. (5) The Director may, in the Director’s discre- tion, determine that an individual described in subparagraph (A) or (B) of paragraph (3) may ac- cept a gift for the purposes described in para- graph (2)(A)(iii). (b) Sale, exchange and investment of gifts Unless otherwise restricted by the terms of the gift, the Director may sell or exchange, or invest or reinvest, any property which is accept- ed under subsection (a), but any such invest- ment may only be in interest-bearing obliga- tions of the United States or in obligations guaranteed as to both principal and interest by the United States. (c) Deposit of gifts into special fund There is hereby created on the books of the Treasury of the United States a fund into which gifts of money, securities, and other intangible property accepted under the authority of sub- section (a), and the earnings and proceeds there- of, shall be deposited. The assets of such fund shall be disbursed upon the order of the Director for the purposes specified in subsection (a) or (b). (d) Taxation of gifts For purposes of Federal income, estate, and gift taxes, gifts accepted by the Director under subsection (a) shall be considered to be to or for the use of the United States. (e) ‘‘Gift’’ defined For the purposes of this section, the term ‘‘gift’’ includes a bequest or devise. (f) Fundraising (1) The Director may engage in fundraising in an official capacity for the benefit of nonprofit organizations that provide support to surviving family members of deceased Agency employees or that otherwise provide support for the wel- fare, education, or recreation of Agency employ- ees, former Agency employees, or their family members. (2) In this subsection, the term ‘‘fundraising’’ means the raising of funds through the active participation in the promotion, production, or presentation of an event designed to raise funds and does not include the direct solicitation of money by any other means. (3) Not later than the date that is 7 days after the date the Director engages in fundraising au- thorized by this subsection or at the time the decision is made to participate in such fund- raising, the Director shall notify the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives of the fundraising. (g) Regulations The Director, in consultation with the Direc- tor of the Office of Government Ethics, shall Page 891 TITLE 50—WAR AND NATIONAL DEFENSE § 3514 issue regulations to carry out the authority pro- vided in this section. Such regulations shall en- sure that such authority is exercised consistent with all relevant ethical constraints and prin- ciples, including— (1) the avoidance of any prohibited conflict of interest or appearance of impropriety; and (2) a prohibition against the acceptance of a gift from a foreign government or an agent of a foreign government. (June 20, 1949, ch. 227, § 12, as added Pub. L. 96–450, title IV, § 404, Oct. 14, 1980, 94 Stat. 1979; amended Pub. L. 112–87, title IV, § 411, Jan. 3, 2012, 125 Stat. 1889; Pub. L. 113–126, title IV, § 421, July 7, 2014, 128 Stat. 1410; Pub. L. 115–31, div. N, title III, § 303(b), May 5, 2017, 131 Stat. 810; Pub. L. 118–31, div. G, title IX, § 7901(g)(3), Dec. 22, 2023, 137 Stat. 1107.) Editorial Notes CODIFICATION Section was formerly classified to section 403l of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2023—Subsec. (a)(2)(A). Pub. L. 118–31 struck out clos- ing quotation marks after ‘‘used only for—’’ in intro- ductory provisions. 2017—Subsec. (f)(3). Pub. L. 115–31 added par. (3). 2014—Pub. L. 113–126, § 421(1), substituted ‘‘Gifts, de- vises, and bequests’’ for ‘‘Authority to accept gifts, de- vises, and bequests’’ in section catchline. Subsec. (a)(2). Pub. L. 113–126, § 421(2), in introductory provisions, inserted ‘‘by the Director as a gift to the Agency’’ after ‘‘accepted’’ and substituted ‘‘this sub- section’’ for ‘‘this section’’. Subsecs. (b), (c). Pub. L. 113–126, § 421(3), (4), sub- stituted ‘‘subsection (a),’’ for ‘‘this section,’’. Subsec. (d). Pub. L. 113–126, § 421(5), substituted ‘‘sub- section (a)’’ for ‘‘this section’’. Subsecs. (f), (g). Pub. L. 113–126, § 421(6), (7), added subsec. (f) and redesignated former subsec. (f) as (g). 2012—Subsec. (a). Pub. L. 112–87, § 411(1), designated existing provisions as par. (1), struck out ‘‘Any gift ac- cepted under this section (and any income produced by any such gift) may be used only for artistic display or for purposes relating to the general welfare, education, or recreation of employees or dependents of employees of the Agency or for similar purposes, and under no cir- cumstances may such a gift (or any income produced by any such gift) be used for operational purposes. The Director may not accept any gift under this section which is expressly conditioned upon any expenditure not to be met from the gift itself or from income pro- duced by the gift unless such expenditure has been au- thorized by law.’’ at end, and added pars. (2) to (5). Subsec. (f). Pub. L. 112–87, § 411(2), added subsec. (f). § 3513. Misuse of Agency name, initials, or seal (a) Prohibited acts No person may, except with the written per- mission of the Director, knowingly use the words ‘‘Central Intelligence Agency’’, the ini- tials ‘‘CIA’’, the seal of the Central Intelligence Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Central Intelligence Agency. (b) Injunction Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil pro- ceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought. (June 20, 1949, ch. 227, § 13, as added Pub. L. 97–89, title V, § 503, Dec. 4, 1981, 95 Stat. 1153.) Editorial Notes CODIFICATION Section was formerly classified to section 403m of this title prior to editorial reclassification and renum- bering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as a note under section 1621 of Title 10, Armed Forces. § 3514. Retirement equity for spouses of certain employees (a) Manner and extent of applicability The provisions of sections 2002, 2031(b)(1)–(3), 2031(f), 2031(g), 2031(i)(2), 2031(j), 2031(m), 2032, 2033, 2034, 2035, 2052(b), 2071(b), 2071(d), and 2094(b) of this title establishing certain requirements, limitations, rights, entitlements, and benefits relating to retirement annuities, survivor bene- fits, and lump-sum payments for a spouse or former spouse of an Agency employee who is a participant in the Central Intelligence Agency Retirement and Disability System shall apply in the same manner and to the same extent in the case of an Agency employee who is a participant in the Civil Service Retirement and Disability System. (b) Regulations The Director of the Office of Personnel Man- agement, in consultation with the Director of the Central Intelligence Agency, shall prescribe such regulations as may be necessary to imple- ment the provisions of this section. (June 20, 1949, ch. 227, § 14, as added Pub. L. 97–269, title VI, § 612, Sept. 27, 1982, 96 Stat. 1154; amended Pub. L. 99–569, title III, § 302(b), Oct. 27, 1986, 100 Stat. 3194; Pub. L. 100–178, title IV, §§ 401(b), 402(b)(3), Dec. 2, 1987, 101 Stat. 1013, 1014; Pub. L. 102–496, title VIII, § 803(a)(1), Oct. 24, 1992, 106 Stat. 3251; Pub. L. 108–458, title I, § 1071(b)(3)(A), Dec. 17, 2004, 118 Stat. 3690; Pub. L. 116–92, div. E, title LXII, § 6202(a)(2)(B), Dec. 20, 2019, 133 Stat. 2185.) Editorial Notes CODIFICATION Section was formerly classified to section 403n of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title ref-