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50 U.S.C. § 2121 (WAR AND NATIONAL DEFENSE)
§ 2121. Voluntary contributions
(a) Authority for voluntary contributions
(1) In general
Under such regulations as may be prescribed by the Director, a participant may voluntarily contribute additional sums in multiples of one percent of the participant’s basic pay, but not in excess of 10 percent of such basic pay.
(2) Interest
The voluntary contribution account in each case is the sum of unrefunded contributions, plus interest—
(A) for periods before January 1, 1985, at 3 percent a year; and
(B) for periods on or after January 1, 1985, at the rate computed under section 8334(e) of title 5,
compounded annually to the date of election under subsection (b) of this section or the date of payment under subsection (d) of this section.
(b) Treatment of voluntary contributions
Effective on the date of retirement and at the election of the participant, the participant’s account shall be—
(1) returned in a lump sum;
(2) used to purchase an additional life annuity;
(3) used to purchase an additional life annuity for the participant and to provide for a cash payment on the participant’s death to a beneficiary; or
(4) used to purchase an additional life annuity for the participant and a life annuity commencing on the participant’s death payable to a beneficiary, with a guaranteed return to the beneficiary or the beneficiary’s legal representative of an amount equal to the cash payment referred to in paragraph (3).
In the case of a benefit provided under paragraph (3) or (4), the participant shall notify the Director in writing of the name of the beneficiary of the cash payment or life annuity to be paid upon the participant’s death.
(c) Value of benefits
The benefits provided by subsection (b)(2), (3), or (4) of this section shall be actuarially equivalent in value to the payment provided for in subsection (b)(1) of this section and shall be calculated upon such tables of mortality as may be from time to time prescribed for this purpose by the Director.
(d) Lump-sum payment
A voluntary contribution account shall be paid in a lump sum at such time as the participant dies or separates from the Agency without entitlement to an annuity. In the case of death, the account shall be paid in the order of precedence specified in section 2071(c) of this title.
(e) Benefits in addition to other benefits
Any benefit payable to a participant or to the participant’s beneficiary with respect to the additional contributions provided under this section shall be in addition to benefits otherwise provided under this subchapter.
(Pub. L. 88–643, title II, § 281, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3239.)
heading: Prior Provisions
text: A prior section 281 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1053; Ex. Ord. No. 12443, § 3, Sept. 27, 1983, 48 F.R. 44751; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to voluntary contributions and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.
50 U.S.C. § 2142 (WAR AND NATIONAL DEFENSE)
§ 2142. Thrift Savings Plan participation
(a) Eligibility for Thrift Savings Plan
Participants in the system shall be deemed to be employees for the purposes of section 8351 of title 5.
(b) Management of Thrift Savings Plan accounts by Director
Subsections (k) and (m) of section 8461 of title 5 shall apply with respect to contributions made by participants to the Thrift Savings Fund under section 8351 of such title and to earnings attributable to the investment of such contributions.
(Pub. L. 88–643, title II, § 293, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3242.)
heading: Prior Provisions
text: A prior section 293 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 504, June 6, 1986, 100 Stat. 623, related to Thrift Savings Fund participation by participants in the Central Intelligence Agency Retirement and Disability System and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.
50 U.S.C. § 2143 (WAR AND NATIONAL DEFENSE)
§ 2143. Alternative forms of annuities
(a) Authority for alternative form of annuity
The Director shall prescribe regulations under which any participant who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under section 2051 of this title), elect annuity benefits under this section instead of any other benefits under this subchapter (including any survivor benefits under this subchapter) based on the service of the participant creditable under this subchapter.
(b) Basis for alternative forms of annuity
The regulations and alternative forms of annuity shall, to the maximum extent practicable, meet the requirements prescribed in section 8343a of title 5.
(c) Lump-sum credit
Any lump-sum credit provided pursuant to an election under subsection (a) of this section shall not preclude an individual from receiving other benefits provided under that subsection.
(d) Submission of regulations to congressional intelligence committees
The Director shall submit the regulations prescribed under subsection (a) of this section to the congressional intelligence committees before the regulations take effect.
(Pub. L. 88–643, title II, § 294, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3242; amended Pub. L. 103–66, title XI, § 11002(c), Aug. 10, 1993, 107 Stat. 409.)
heading: Prior Provisions
text: A prior section 294 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 505, June 6, 1986, 100 Stat. 624, related to alternative forms of annuities and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.
heading: Amendments
text: 1993—Subsec. (a). Pub. L. 103–66 substituted “any participant who has a life-threatening affliction or other critical medical condition” for “a participant”.
heading: Effective Date of 1993 Amendment
text: Amendment by Pub. L. 103–66 effective Oct. 1, 1994, and applicable with respect to any annuity commencing on or after that date, see section 11002(d) of Pub. L. 103–66, set out as a note under section 8343a of Title 5, Government Organization and Employees.
50 U.S.C. § 2144 (WAR AND NATIONAL DEFENSE)
§ 2144. Payments from CIARDS fund for portions of certain Civil Service Retirement System annuities
The amount of the increase in any annuity that results from the application of section 3518 of this title, if and when such increase is based on an individual’s overseas service as an employee of the Central Intelligence Agency, shall be paid from the fund.
(Pub. L. 88–643, title II, § 295, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3242.)
heading: Prior Provisions
text: A prior section 295 of Pub. L. 88–643, as added Pub. L. 101–193, title III, § 307(b), Nov. 30, 1989, 103 Stat. 1707, related to payments from CIARDS fund for portions of certain Civil Service Retirement System annuities and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.
50 U.S.C. § 2152 (WAR AND NATIONAL DEFENSE)
§ 2152. Special rules relating to section 2013 criteria employees
(a) In general
Except as otherwise provided in this section, in the application of chapter 84 of title 5 to an employee of the Agency who is subject to such chapter and is designated by the Director under the criteria prescribed in section 2013 of this title, such employee shall be treated for purposes of determining such employee’s retirement benefits and obligations under such chapter as if the employee were a law enforcement officer (as defined in section 8401(17) of title 5).
(b) Voluntary and mandatory retirement
The provisions of sections 2053 and 2055 of this title shall apply to employees referred to in subsection (a) of this section, except that the retirement benefits shall be determined under chapter 84 of title 5.
(c) Recall
(1) Except as provided in paragraph (2), section 2111 of this title shall apply to an employee referred to in subsection (a) of this section.
(2) Contributions during recall service shall be made as provided in section 8422 of title 5.
(3) When an employee recalled under this subsection reverts to a retired status, the annuity of such employee shall be redetermined under the provisions of chapter 84 of title 5.
(Pub. L. 88–643, title III, § 302, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3244.)
heading: Prior Provisions
text: A prior section 302 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 506, June 6, 1986, 100 Stat. 625, related to special rules relating to employees designated under criteria of former section 203 of Pub. L. 88–643 and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.
50 U.S.C. § 2153 (WAR AND NATIONAL DEFENSE)
§ 2153. Special rules for other employees for service abroad
(a) Special computation rule
Notwithstanding any provision of chapter 84 of title 5, the annuity under subchapter II of such chapter of a retired employee of the Agency who is not designated under section 2152(a) of this title and who has served abroad as an employee of the Agency after December 31, 1986, shall be computed as provided in subsection (b) of this section.
(b) Computation
(1) Service abroad
The portion of the annuity relating to such service abroad shall be computed as provided in section 8415(e) of title 5.
(2) Other service
The portions of the annuity relating to other creditable service shall be computed as provided in section 8415 of such title that is applicable to such service under the conditions prescribed in chapter 84 of such title.
(Pub. L. 88–643, title III, § 303, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3244; amended Pub. L. 112–96, title V, § 5001(c)(2)(G), Feb. 22, 2012, 126 Stat. 200.)
heading: Prior Provisions
text: A prior section 303 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 506, June 6, 1986, 100 Stat. 626, related to special rules for other employees for service abroad and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.
heading: Amendments
text: 2012—Subsec. (b)(1). Pub. L. 112–96 substituted “section 8415(e)” for “section 8415(d)”.
50 U.S.C. § 2155 (WAR AND NATIONAL DEFENSE)
§ 2155. Administrative provisions
(a) Finality of decisions of Director
Section 2011(c) of this title shall apply in the administration of chapter 84 of title 5 with respect to employees of the Agency.
(b) Exception
Notwithstanding subsection (a) of this section, section 8461(e) of title 5 shall apply with respect to employees of the Agency who are not participants in the Central Intelligence Agency Retirement and Disability System and are not designated under section 2152(a) of this title.
(Pub. L. 88–643, title III, § 305, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3251.)
heading: Prior Provisions
text: A prior section 305 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 506, June 6, 1986, 100 Stat. 627, related to administrative provisions and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.
50 U.S.C. § 2156 (WAR AND NATIONAL DEFENSE)
§ 2156. Regulations
(a) Requirement
The Director shall prescribe in regulations appropriate procedures to carry out this subchapter. Such regulations shall be prescribed in consultation with the Director of the Office of Personnel Management and the Executive Director of the Federal Retirement Thrift Investment Board.
(b) Congressional review
The Director shall submit regulations prescribed under subsection (a) of this section to the congressional intelligence committees before they take effect.
(Pub. L. 88–643, title III, § 306, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3251.)
heading: Prior Provisions
text: A prior section 306 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 506, June 6, 1986, 100 Stat. 628, related to regulations and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.
50 U.S.C. § 2157 (WAR AND NATIONAL DEFENSE)
§ 2157. Transition regulations
(a) Regulations
The Director shall prescribe regulations providing for the transition from the Central Intelligence Agency Retirement and Disability System to the Federal Employees’ Retirement System provided in chapter 84 of title 5 in a manner consistent with sections 301 through 304 of the Federal Employees’ Retirement System Act of 1986.
(b) Congressional review
The Director shall submit regulations prescribed under subsection (a) of this section to the congressional intelligence committees before they take effect.
(Pub. L. 88–643, title III, § 307, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3251.)
heading: References in Text
text: Sections 301 through 304 of the Federal Employees’ Retirement System Act of 1986, referred to in subsec. (a), are sections 301 to 304 of Pub. L. 99–335, which amended section 3121 of Title 26, Internal Revenue Code, and section 410 of Title 42, The Public Health and Welfare, and enacted provisions set out as a note under section 8331 of Title 5, Government Organization and Employees.
heading: Prior Provisions
text: A prior section 307 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 506, June 6, 1986, 100 Stat. 628, related to transition provisions and regulations and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.
50 U.S.C. § 2201 (WAR AND NATIONAL DEFENSE)
§ 2201. Transfers of spoils of war
(a) Eligibility for transfer
Spoils of war in the possession, custody, or control of the United States may be transferred to any other party, including any government, group, or person, by sale, grant, loan or in any other manner, only to the extent and in the same manner that property of the same type, if otherwise owned by the United States, may be so transferred.
(b) Terms and conditions
Any transfer pursuant to subsection (a) of this section shall be subject to all of the terms, conditions, and requirements applicable to the transfer of property of the same type otherwise owned by the United States.
(Pub. L. 103–236, title V, § 552, Apr. 30, 1994, 108 Stat. 482.)
heading: Short Title
text: Pub. L. 103–236, title V, § 551, Apr. 30, 1994, 108 Stat. 482, provided that: “This part [part B (§§ 551–556) of title V of Pub. L. 103–236, enacting this chapter] may be cited as the ‘Spoils of War Act of 1994’.”
50 U.S.C. § 2202 (WAR AND NATIONAL DEFENSE)
§ 2202. Prohibition on transfers to countries which support terrorism
Spoils of war in the possession, custody, or control of the United States may not be transferred to any country determined by the Secretary of State, for purposes of section 2780 of title 22, to be a nation whose government has repeatedly provided support for acts of international terrorism.
(Pub. L. 103–236, title V, § 553, Apr. 30, 1994, 108 Stat. 482.)
50 U.S.C. § 2203 (WAR AND NATIONAL DEFENSE)
§ 2203. Report on previous transfers
Not later than 90 days after April 30, 1994, the President shall submit to the appropriate congressional committees a report describing any spoils of war obtained subsequent to August 2, 1990 that were transferred to any party, including any government, group, or person, before April 30, 1994. Such report shall be submitted in unclassified form to the extent possible.
(Pub. L. 103–236, title V, § 554, Apr. 30, 1994, 108 Stat. 482.)
50 U.S.C. § 2204 (WAR AND NATIONAL DEFENSE)
§ 2204. Definitions
As used in this chapter—
(1) the term “appropriate congressional committees” means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, or, where required by law for certain reporting purposes, the Select Committee on Intelligence of the Senate and the Select 1 Committee on Intelligence of the House of Representatives;
(2) the term “enemy” means any country, government, group, or person that has been engaged in hostilities, whether or not lawfully authorized, with the United States;
(3) the term “person” means—
(A) any natural person;
(B) any corporation, partnership, or other legal entity; and
(C) any organization, association, or group; and
(4) the term “spoils of war” means enemy movable property lawfully captured, seized, confiscated, or found which has become United States property in accordance with the laws of war.
(Pub. L. 103–236, title V, § 555, Apr. 30, 1994, 108 Stat. 482.)
50 U.S.C. § 2205 (WAR AND NATIONAL DEFENSE)
§ 2205. Construction
Nothing in this chapter shall apply to—
(1) the abandonment or failure to take possession of spoils of war by troops in the field for valid military reasons related to the conduct of the immediate conflict, including the burden of transporting such property or a decision to allow allied forces to take immediate possession of certain property solely for use during an ongoing conflict;
(2) the abandonment or return of any property obtained, borrowed, or requisitioned for temporary use during military operations without intent to retain possession of such property;
(3) the destruction of spoils of war by troops in the field;
(4) the return of spoils of war to previous owners from whom such property had been seized by enemy forces; or
(5) minor articles of personal property which have lawfully become the property of individual members of the armed forces as war trophies pursuant to public written authorization from the Department of Defense.
(Pub. L. 103–236, title V, § 556, Apr. 30, 1994, 108 Stat. 483.)
50 U.S.C. § 2302 (WAR AND NATIONAL DEFENSE)
§ 2302. Definitions
In this chapter:
(1) The term “weapon of mass destruction” means any weapon or device that is intended, or has the capability, to cause death or serious bodily injury to a significant number of people through the release, dissemination, or impact of—
(A) toxic or poisonous chemicals or their precursors;
(B) a disease organism; or
(C) radiation or radioactivity.
(2) The term “independent states of the former Soviet Union” has the meaning given that term in section 5801 of title 22.
(3) The term “highly enriched uranium” means uranium enriched to 20 percent or more in the isotope U–235.
(Pub. L. 104–201, div. A, title XIV, § 1403, Sept. 23, 1996, 110 Stat. 2717.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title XIV of div. A of Pub. L. 104–201, Sept. 23, 1996, 110 Stat. 2714, which is classified principally to this chapter. For complete classification of title XIV to the Code, see Short Title note set out under section 2301 of this title and Tables.
50 U.S.C. § 2311 (WAR AND NATIONAL DEFENSE)
§ 2311. Response to threats of terrorist use of weapons of mass destruction
(a) Enhanced response capability
In light of the potential for terrorist use of weapons of mass destruction against the United States, the President shall take immediate action—
(1) to enhance the capability of the Federal Government to prevent and respond to terrorist incidents involving weapons of mass destruction; and
(2) to provide enhanced support to improve the capabilities of State and local emergency response agencies to prevent and respond to such incidents at both the national and the local level.
(b) Report required
Not later than January 31, 1997, the President shall transmit to Congress a report containing—
(1) an assessment of the capabilities of the Federal Government to prevent and respond to terrorist incidents involving weapons of mass destruction and to support State and local prevention and response efforts;
(2) requirements for improvements in those capabilities; and
(3) the measures that should be taken to achieve such improvements, including additional resources and legislative authorities that would be required.
(Pub. L. 104–201, div. A, title XIV, § 1411, Sept. 23, 1996, 110 Stat. 2717.)
50 U.S.C. § 2312 (WAR AND NATIONAL DEFENSE)
§ 2312. Repealed. Pub. L. 109–163, div. A, title X, § 1034, Jan. 6, 2006, 119 Stat. 3429
text: Section, Pub. L. 104–201, div. A, title XIV, § 1412, Sept. 23, 1996, 110 Stat. 2718; Pub. L. 107–107, div. A, title XV, § 1513, Dec. 28, 2001, 115 Stat. 1273, related to emergency response assistance for civilian personnel in case of use or threatened use of weapons of mass destruction.
50 U.S.C. § 2314 (WAR AND NATIONAL DEFENSE)
§ 2314. Chemical, biological, radiological, nuclear, and high-yield explosives response team
(a) Department of Defense rapid response team
The Secretary of Defense shall develop and maintain at least one domestic terrorism rapid response team composed of members of the Armed Forces and employees of the Department of Defense who are capable of aiding Federal, State, and local officials in the detection, neutralization, containment, dismantlement, and disposal of weapons of mass destruction containing chemical, biological, radiological, nuclear, and high-yield explosives.
(b) Addition to Federal response plans
The Secretary of Homeland Security shall incorporate into the National Response Plan prepared pursuant to section 312(6) of title 6, other existing Federal emergency response plans, and programs prepared under section 5196(b) of title 42 guidance on the use and deployment of the rapid response teams established under this section to respond to emergencies involving weapons of mass destruction. The Secretary of Homeland Security shall carry out this subsection in coordination with the Secretary of Defense and the heads of other Federal agencies involved with the emergency response plans.
(Pub. L. 104–201, div. A, title XIV, § 1414, Sept. 23, 1996, 110 Stat. 2720; Pub. L. 109–163, div. A, title X, § 1033, Jan. 6, 2006, 119 Stat. 3429.)
heading: Amendments
text: 2006—Pub. L. 109–163, § 1033(1), substituted “Chemical, biological, radiological, nuclear, and high-yield explosives response team” for “Chemical-biological emergency response team” in section catchline.
Subsec. (a). Pub. L. 109–163, § 1033(2), substituted “radiological, nuclear, and high-yield explosives” for “or related materials”.
Subsec. (b). Pub. L. 109–163, § 1033(3), in heading, substituted “plans” for “plan” and, in text, substituted “The Secretary of Homeland Security shall incorporate into the National Response Plan prepared pursuant to section 312(6) of title 6, other existing Federal emergency response plans, and” for “Not later than December 31, 1997, the Director of the Federal Emergency Management Agency shall develop and incorporate into existing Federal emergency response plans and” in first sentence and “Secretary of Homeland Security” for “Director” and “coordination” for “consultation” in second sentence.