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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) or the date of payment under subsection (d).
(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) shall be actuarially equivalent in value to the payment provided for in subsection (b)(1) 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. § 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) 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) 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. § 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), 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).
(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).
(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), 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) 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) 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) 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. § 2316 (WAR AND NATIONAL DEFENSE)
§ 2316. Actions to increase civilian expertise
(a) to (c) Omitted
(d) Civilian expertise
The President shall take reasonable measures to reduce the reliance of civilian law enforcement officials on Department of Defense resources to counter the threat posed by the use or potential use of biological and chemical weapons of mass destruction within the United States. The measures shall include—
(1) actions to increase civilian law enforcement expertise to counter such a threat; and
(2) actions to improve coordination between civilian law enforcement officials and other civilian sources of expertise, within and outside the Federal Government, to counter such a threat.
(e) Reports
The President shall submit to Congress the following reports:
(1) Not later than 90 days after September 23, 1996, a report describing the respective policy functions and operational roles of Federal agencies in countering the threat posed by the use or potential use of biological and chemical weapons of mass destruction within the United States.
(2) Not later than one year after September 23, 1996, a report describing—
(A) the actions planned to be taken to carry out subsection (d); and
(B) the costs of such actions.
(3) Not later than three years after September 23, 1996, a report updating the information provided in the reports submitted pursuant to paragraphs (1) and (2), including the measures taken pursuant to subsection (d).
(Pub. L. 104–201, div. A, title XIV, § 1416, Sept. 23, 1996, 110 Stat. 2721.)
heading: Codification
text: Section is comprised of subsecs. (d) and (e) of section 1416 of Pub. L. 104–201. Subsecs. (a) to (c) of section 1416 enacted section 382 of Title 10, Armed Forces, and sections 175a and 2332d of Title 18, Crimes and Criminal Procedure, and amended section 372 of Title 10.
50 U.S.C. § 2341 (WAR AND NATIONAL DEFENSE)
§ 2341. Elimination of plutonium production
(a) Replacement program
The Secretary of Energy, in consultation with the Secretary of Defense, shall develop a cooperative program with the Government of Russia to eliminate the production of weapons grade plutonium by modifying or replacing the reactor cores at Tomsk–7 and Krasnoyarsk–26 with reactor cores that are less suitable for the production of weapons-grade plutonium.
(b) Program requirements
(1) The program shall be designed to achieve completion of the modifications or replacements of the reactor cores within three years after the modification or replacement activities under the program are begun.
(2) The plan for the program shall—
(A) specify—
(i) successive steps for the modification or replacement of the reactor cores; and
(ii) clearly defined milestones to be achieved; and
(B) include estimates of the costs of the program.
(c) Submission of program plan to Congress
Not later than 180 days after September 23, 1996, the Secretary of Defense shall submit to Congress—
(1) a plan for the program under subsection (a);
(2) an estimate of the United States funding that is necessary for carrying out the activities under the program for each fiscal year covered by the program; and
(3) a comparison of the benefits of the program with the benefits of other nonproliferation programs.
(Pub. L. 104–201, div. A, title XIV, § 1432, Sept. 23, 1996, 110 Stat. 2726.)
50 U.S.C. § 2342 (WAR AND NATIONAL DEFENSE)
§ 2342. Cooperative program on research, development, and demonstration of technology regarding nuclear or radiological terrorism
(a) Program required
The Administrator for Nuclear Security shall carry out with the Russian Federation a cooperative program on the research, development, and demonstration of technologies for protection from and response to nuclear or radiological terrorism.
(b) Program elements
In carrying out the program required by subsection (a), the Administrator shall—
(1) conduct research and development of technology for protection from nuclear or radiological terrorism, including technology for the detection, identification, assessment, control, and disposition of radiological materials that could be used for nuclear terrorism; and
(2) provide, where feasible, for the demonstration to other countries of technologies or methodologies on matters relating to nuclear or radiological terrorism, including—
(A) the demonstration of technologies developed under the program to respond to nuclear or radiological terrorism;
(B) the demonstration of technologies developed under the program for the disposal of radioactive materials;
(C) the demonstration of methodologies developed under the program for use in evaluating the radiological threat of radiological sources identified as not under current accounting programs in the audit report of the Inspector General of the Department of Energy titled “Accounting for Sealed Sources of Nuclear Material Provided to Foreign Countries” (DOE/IG–0546);
(D) in coordination with the Nuclear Regulatory Commission, the demonstration of methodologies developed under the program to facilitate the development of a regulatory framework for licensing and controlling radioactive sources; and
(E) in coordination with the Office of Environment, Safety, and Health of the Department of Energy, the demonstration of methodologies developed under the program to facilitate development of consistent criteria for screening international transfers of radiological materials.
(c) Consultation
In carrying out activities in accordance with subsection (b)(2), the Administrator shall consult with—
(1) the Secretary of Defense, Secretary of State, and Secretary of Commerce; and
(2) the International Atomic Energy Agency.
(d) Amount for activities
Of the amount authorized to be appropriated by section 3101(a)(2) 1 for the Department of Energy for the National Nuclear Security Administration for defense nuclear nonproliferation, up to $15,000,000 may be available for carrying out this section.
(Pub. L. 107–314, div. C, title XXXI, § 3155, Dec. 2, 2002, 116 Stat. 2739.)
heading: References in Text
text: Section 3101(a)(2), referred to in subsec. (d), is section 3101(a)(2) of Pub. L. 107–314, div. C, title XXXI, Dec. 2, 2002, 116 Stat. 2729, which is not classified to the Code.
heading: Codification
text: Section was enacted as part of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, and not as part of the Defense Against Weapons of Mass Destruction Act of 1996 which comprises this chapter.
50 U.S.C. § 2351 (WAR AND NATIONAL DEFENSE)
§ 2351. National coordinator on nonproliferation
(a) Designation of position
The President shall designate an individual to serve in the Executive Office of the President as the National Coordinator for Nonproliferation Matters.
(b) Duties
The Coordinator, under the direction of the National Security Council, shall advise and assist the President by—
(1) advising the President on nonproliferation of weapons of mass destruction, including issues related to terrorism, arms control, and international organized crime;
(2) chairing the Committee on Nonproliferation of the National Security Council; and
(3) taking such actions as are necessary to ensure that there is appropriate emphasis in, cooperation on, and coordination of, nonproliferation research efforts of the United States, including activities of Federal agencies as well as activities of contractors funded by the Federal Government.
(c) Allocation of funds
Of the total amount authorized to be appropriated under section 301,1 $2,000,000 is available to the Department of Defense for carrying out research referred to in subsection (b)(3).
(Pub. L. 104–201, div. A, title XIV, § 1441, Sept. 23, 1996, 110 Stat. 2727; Pub. L. 105–261, div. A, title X, § 1069(c)(2), Oct. 17, 1998, 112 Stat. 2136.)
heading: References in Text
text: Section 301, referred to in subsec. (c), is section 301 of Pub. L. 104–201, div. A, title III, Sept. 23, 1996, 110 Stat. 2475, which is not classified to the Code.
heading: Amendments
text: 1998—Subsec. (b)(2). Pub. L. 105–261 substituted “of the National Security Council” for “established under section 1342”.
heading: Commission To Assess Organization of Federal Government To Combat Proliferation of Weapons of Mass Destruction
text: Pub. L. 104–293, title VII, subtitle A, Oct. 11, 1996, 110 Stat. 3470, as amended by Pub. L. 105–277, div. A, § 101(f) [title VII, § 708], Oct. 21, 1998, 112 Stat. 2681–337, 2681–390, established the Commission to Assess the Organization of the Federal Government to Combat the Proliferation of Weapons of Mass Destruction, directed the Commission to carry out a thorough study of the organization of the Federal Government, including the elements of the intelligence community, with respect to combatting the proliferation of weapons of mass destruction and, not later than 18 months after Jan. 18, 1998, to submit to Congress a report containing a detailed statement of its findings and conclusions, and provided that the Commission terminate 60 days after the date on which it submitted such report.