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50 U.S.C. § 1911 (WAR AND NATIONAL DEFENSE)
§ 1911. Additional annual authorization of appropriations
(a) In general
In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, there is authorized to be appropriated to the Secretary for each fiscal year, beginning with fiscal year 2020, $16,000,000, to carry out the grant program for the National Flagship Language Initiative under section 1902(a)(1)(D) of this title.
(b) Funding from Intelligence Community Management Account for fiscal years beginning with fiscal year 2005
In addition to amounts that may be made available to the Secretary under the Fund for a fiscal year, the Director of National Intelligence shall transfer to the Secretary from amounts appropriated for the Intelligence Community Management Account for each of fiscal years 2005 through 2021 $6,000,000 to carry out the grant program for the National Flagship Language Initiative under section 1902(a)(1)(D) of this title.
(c) Availability of appropriated funds
Amounts made available under this section shall remain available until expended.
(Pub. L. 102–183, title VIII, § 811, as added Pub. L. 107–306, title III, § 333(b), Nov. 27, 2002, 116 Stat. 2397; amended Pub. L. 108–487, title VI, § 602(b), Dec. 23, 2004, 118 Stat. 3953; Pub. L. 116–92, div. A, title XVI, § 1623, Dec. 20, 2019, 133 Stat. 1735; Pub. L. 116–260, div. W, title VI, § 619(b), Dec. 27, 2020, 134 Stat. 2401.)
heading: Editorial Notes
heading: Amendments
text: 2020—Subsec. (a). Pub. L. 116–260, § 619(b)(1), which directed substitution of “$16,000,000” for “$10,000,000”, could not be executed because “$10,000,000” did not appear in text after the amendment by Pub. L. 116–92. See 2019 Amendment note below.
Subsec. (b). Pub. L. 116–260, § 619(b)(2), substituted “for each of fiscal years 2005 through 2021” for “for each fiscal year, beginning with fiscal year 2005,”.
2019—Subsec. (a). Pub. L. 116–92, which directed amendment of section 811(a) of the Fair Chance Act (50 U.S.C. 1911(a)) by substituting “fiscal year 2020” for “fiscal year 2003” and “$16,000,000” for “$10,000,000”, was executed to subsec. (a) of this section, which is section 811 of the David L. Boren National Security Education Act of 1991, to reflect the probable intent of Congress.
2004—Subsecs. (b), (c). Pub. L. 108–487 added subsecs. (b) and (c) and struck out heading and text of former subsec. (b). Text read as follows: “Amounts appropriated pursuant to the authorization of appropriations under subsection (a) shall remain available until expended.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the date the Secretary of Defense submits the report required under section 334 of Pub. L. 107–306 and notifies the appropriate committees of Congress that the programs carried out under this chapter are being managed in a fiscally and programmatically sound manner, see section 333(c) of Pub. L. 107–306, set out as an Effective Date of 2002 Amendment note under section 1902 of this title.
50 U.S.C. § 1914 (WAR AND NATIONAL DEFENSE)
§ 1914. Department of Defense program to protect United States students against foreign agents
(a) Program
The Secretary of Defense shall develop and implement a program to prepare United States students studying abroad through Department of Defense National Security Education Programs to recognize and protect themselves against recruitment efforts by intelligence agents.
(b) Briefing
Not later than 180 days after December 12, 2017, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the program required under subsection (a).
(Pub. L. 115–91, div. A, title XII, § 1277, Dec. 12, 2017, 131 Stat. 1700.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2018, and not as part of the David L. Boren National Security Education Act of 1991 which comprises this chapter.
50 U.S.C. § 2012 (WAR AND NATIONAL DEFENSE)
§ 2012. Central Intelligence Agency Retirement and Disability Fund
The Director shall maintain the fund in the Treasury known as the “Central Intelligence Agency Retirement and Disability Fund” (hereinafter in this chapter referred to as the “fund”), originally created pursuant to title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees.
(Pub. L. 88–643, title II, § 202, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3201.)
heading: Editorial Notes
heading: References in Text
text: The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in text, is Pub. L. 88–643, Oct. 13, 1964, 78 Stat. 1043, as amended, which was formerly set out as a note under section 403 of this title. Pub. L. 88–643 was revised generally by Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3196, and is now known as the Central Intelligence Agency Retirement Act. As so revised, title II of Pub. L. 88–643 is classified generally to this subchapter.
heading: Prior Provisions
text: A prior section 202 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1043, related to establishment and maintenance of the Central Intelligence Agency Retirement and Disability Fund 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: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2013 (WAR AND NATIONAL DEFENSE)
§ 2013. Participants in CIARDS system
(a) Designation of participants
The Director may from time to time designate employees of the Agency who shall be entitled to participate in the system. Employees so designated who elect to participate in the system are referred to in this chapter as “participants”.
(b) Qualifying service
Designation of employees under this section may be made only from among employees of the Agency who have completed at least 5 years of qualifying service. For purposes of this chapter, qualifying service is service performed by an Agency employee in carrying out duties that are determined by the Director—
(1) to be in support of intelligence activities abroad hazardous to life or health; or
(2) to be so specialized because of security requirements as to be clearly distinguishable from normal government employment.
(c) Election of employee to be participant
(1) Permanence of election
An employee of the Agency who elects to accept designation as a participant in the system shall remain a participant of the system for the duration of that individual’s employment with the Agency.
(2) Irrevocability of election
Such an election shall be irrevocable except as and to the extent provided in section 2151(d) of this title.
(3) Election not subject to approval
An election under this section is not subject to review or approval by the Director.
(Pub. L. 88–643, title II, § 203, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3202; amended Pub. L. 113–126, title II, § 202(a), July 7, 2014, 128 Stat. 1394.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 203 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1044; Pub. L. 102–88, title III, § 303, Aug. 14, 1991, 105 Stat. 431, related to participants in the 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.
heading: Amendments
text: 2014—Subsec. (b). Pub. L. 113–126, § 202(a)(1), substituted “service performed by an Agency employee” for “service in the Agency performed” in introductory provisions.
Subsec. (b)(1). Pub. L. 113–126, § 202(a)(2), substituted “intelligence activities” for “Agency activities”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
heading: Application of 2014 Amendment
text: Pub. L. 113–126, title II, § 202(b), July 7, 2014, 128 Stat. 1394, provided that: “The amendment made by subsection (a) [amending this section] shall be applied to retired or deceased officers of the Central Intelligence Agency who were designated at any time under section 203 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2013) prior to the date of the enactment of this Act [July 7, 2014].”
50 U.S.C. § 2014 (WAR AND NATIONAL DEFENSE)
§ 2014. Annuitants
Persons who are annuitants under the system are—
(1) those persons who, on the basis of their service in the Agency, have met all requirements for an annuity under this subchapter or any other Act and are receiving an annuity from the fund; and
(2) those persons who, on the basis of someone else’s service, meet all the requirements under this subchapter or any other Act for an annuity payable from the fund.
(Pub. L. 88–643, title II, § 204, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3202.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 204 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1044; Pub. L. 91–626, § 1, Dec. 31, 1970, 84 Stat. 1872; Pub. L. 94–552, title II, § 201, Oct. 17, 1976, 90 Stat. 2468; Pub. L. 97–269, title VI, § 602, Sept. 27, 1982, 96 Stat. 1145; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622; Pub. L. 102–88, title III, § 302, Aug. 14, 1991, 105 Stat. 431; Pub. L. 102–183, title III, §§ 302(c), 310(a), Dec. 4, 1991, 105 Stat. 1263, 1266, related to annuitants under the 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.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2033 (WAR AND NATIONAL DEFENSE)
§ 2033. Election of survivor benefits for certain former spouses divorced as of November 15, 1982
(a) Former spouses as of November 15, 1982
A participant, former participant, or retired participant in the system who on November 15, 1982, had a former spouse may, by a spousal agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under section 2032(b) of this title.
(b) Time for making election
(1) If the participant or former participant has not retired under such system on or before November 15, 1982, an election under this section may be made at any time before retirement.
(2) If the participant or former participant has retired under such system on or before November 15, 1982, an election under this section may be made within such period after November 15, 1982, as the Director may prescribe.
(3) For the purposes of applying this subchapter, any such election shall be treated in the same manner as if it were a spousal agreement under section 2094(b) of this title.
(c) Base for annuity
An election under this section may provide for a survivor annuity based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for a survivor annuity for a spouse or any other former spouse of the participant. The participant and the participant’s spouse may make an election under section 2031(b)(1)(B) of this title before the time of retirement for the purpose of allowing an election to be made under this section.
(d) Reduction in participant’s annuity
(1) Computation
The amount of the reduction in the participant’s annuity shall be determined in accordance with section 2031(b)(2) of this title.
(2) Effective date of reduction
Such reduction shall be effective as of—
(A) the commencing date of the participant’s annuity, in the case of an election under subsection (b)(1); or
(B) November 15, 1982, in the case of an election under subsection (b)(2).
(Pub. L. 88–643, title II, § 223, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3216.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 223 of Pub. L. 88–643, as added Pub. L. 97–269, title VI, § 607, Sept. 27, 1982, 96 Stat. 1151; amended Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to election of survivor benefits for certain former spouses 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: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2036 (WAR AND NATIONAL DEFENSE)
§ 2036. Survivor annuities for previous spouses
The Director shall prescribe regulations under which a previous spouse who is divorced after September 29, 1988, from a participant, former participant, or retired participant shall be eligible for a survivor annuity to the same extent and, to the greatest extent practicable, under the same conditions (including reductions to be made in the annuity of the participant) applicable to former spouses (as defined in section 8331(23) of title 5) of participants in the Civil Service Retirement and Disability System (CSRS) as prescribed by the Civil Service Retirement Spouse Equity Act of 1984.
(Pub. L. 88–643, title II, § 226, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3220.)
heading: Editorial Notes
heading: References in Text
text: The Civil Service Retirement Spouse Equity Act of 1984, referred to in text, is Pub. L. 98–615, Nov. 8, 1984, 98 Stat. 3195, as amended. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 8331 of Title 5, Government Organization and Employees, and Tables.
heading: Prior Provisions
text: A prior section 226 of Pub. L. 88–643, as added Pub. L. 100–453, title III, § 302(a), Sept. 29, 1988, 102 Stat. 1906; amended Pub. L. 102–88, title III, § 304(b), (c), Aug. 14, 1991, 105 Stat. 431, 432; Pub. L. 102–183, title III, § 306(a), (b), Dec. 4, 1991, 105 Stat. 1265, related to survivor annuities for previous spouses and second chance to elect survivor annuity for certain spouses 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: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2053 (WAR AND NATIONAL DEFENSE)
§ 2053. Voluntary retirement
(a) A participant who is at least 50 years of age and has completed 20 years of service may, on the participant’s application and with the consent of the Director, be retired from the Agency and receive benefits in accordance with the provisions of section 2031 of this title if the participant has not less than 10 years of service with the Agency.
(b) A participant who has at least 25 years of service, ten years of which are with the Agency, may retire, with the consent of the Director, at any age and receive benefits in accordance with the provisions of section 2031 of this title if the Office of Personnel Management has authorized separation from service voluntarily for Agency employees under section 8336(d)(2) of title 5 with respect to the Civil Service Retirement System or section 8414(b)(1)(B) of such title with respect to the Federal Employees’ Retirement System.
(Pub. L. 88–643, title II, § 233, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3225; amended Pub. L. 103–36, § 3, June 8, 1993, 107 Stat. 106.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 233 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1048, related to voluntary retirement 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—Pub. L. 103–36 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2054 (WAR AND NATIONAL DEFENSE)
§ 2054. Discontinued service benefits
(a) Deferred annuity
A participant who separates from the Agency may, upon separation or at any time before the commencement of an annuity under this subchapter, elect—
(1) to have the participant’s contributions to the fund returned to the participant in accordance with section 2071(a) of this title; or
(2) except in a case in which the Director determines that separation was based in whole or in part on the ground of disloyalty to the United States, to leave the contributions in the fund and receive an annuity, computed as prescribed in section 2031 of this title, commencing at age 62.
(b) Refund of contributions if former participant dies before age 62
If a participant who qualifies under subsection (a) to receive a deferred annuity commencing at age 62 dies before reaching age 62, the participant’s contributions to the fund, with interest, shall be paid in accordance with the provisions of section 2071 of this title.
(Pub. L. 88–643, title II, § 234, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3225; amended Pub. L. 103–178, title II, § 202(a)(10), Dec. 3, 1993, 107 Stat. 2026.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 234 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1048; Pub. L. 97–269, title VI, § 608, Sept. 27, 1982, 96 Stat. 1152; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to discontinued service benefits 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. (b). Pub. L. 103–178 substituted “section 2071” for “sections 2071 and 2121”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1993 Amendment
text: Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2055 (WAR AND NATIONAL DEFENSE)
§ 2055. Mandatory retirement
(a) Involuntary retirement
(1) Authority of director.—
The Director may, in the Director’s discretion, place in a retired status any participant in the system described in paragraph (2).
(2) Paragraph (1) applies with respect to any participant who has not less than 10 years of service with the Agency and who—
(A) has completed at least 25 years of service; or
(B) is at least 50 years of age and has completed at least 20 years of service.
(b) Mandatory retirement for age
(1) In general
A participant in the system shall be automatically retired from the Agency—
(A) upon reaching age 65, in the case of a participant in the system who is at the Senior Intelligence Service rank of level 4 or above; and
(B) upon reaching age 60, in the case of any other participant in the system.
(2) Effective date of retirement
Retirement under paragraph (1) shall be effective on the last day of the month in which the participant reaches the age applicable to that participant under that paragraph.
(3) Authority for extension
In any case in which the Director determines it to be in the public interest, the Director may extend the mandatory retirement date for a participant under this subsection by a period of not to exceed 5 years.
(c) Retirement benefits
A participant retired under this section shall receive retirement benefits in accordance with section 2031 of this title.
(Pub. L. 88–643, title II, § 235, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3225; amended Pub. L. 111–259, title II, § 201, Oct. 7, 2010, 124 Stat. 2657.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 235 of Pub. L. 88–643, title II, Oct. 13, 1964, 78 Stat. 1049; Ex. Ord. No. 12443, § 13, Sept. 27, 1983, 48 F.R. 44754; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622; Pub. L. 102–183, title III, § 307, Dec. 4, 1991, 105 Stat. 1265, related to mandatory retirement 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: 2010—Subsec. (b)(1)(A). Pub. L. 111–259 substituted “who is at the Senior Intelligence Service rank” for “receiving compensation under the Senior Intelligence Service pay schedule at the rate”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2056 (WAR AND NATIONAL DEFENSE)
§ 2056. Eligibility for annuity
(a) One-out-of-two requirement
A participant must complete, within the last two years before any separation from service (except a separation because of death or disability) at least one year of creditable civilian service during which the participant is subject to this subchapter and in a pay status before the participant or the participant’s survivors are eligible for an annuity under this subchapter based on that separation.
(b) Refund of contributions for time not allowed for credit
If a participant (other than a participant separated from the service because of death or disability) fails to meet the service and pay status requirement of subsection (a), any amounts deducted from the participant’s pay during the period for which no eligibility is established based on the separation shall be returned to the participant on the separation.
(c) Exception
Failure to meet the service and pay status requirement of subsection (a) shall not deprive the participant or the participant’s survivors of any annuity to which they may be entitled under this subchapter based on a previous separation.
(Pub. L. 88–643, title II, § 236, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3226.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 236 of Pub. L. 88–643, as added Pub. L. 101–193, title III, § 302(2), Nov. 30, 1989, 103 Stat. 1703, related to eligibility for annuity 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.
A prior section 237 of Pub. L. 88–643, title II, formerly § 236, Oct. 13, 1964, 78 Stat. 1049; Pub. L. 91–626, § 4, Dec. 31, 1970, 84 Stat. 1873; Pub. L. 93–31, May 8, 1973, 87 Stat. 65; Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, renumbered § 237, Pub. L. 101–193, title III, § 302(1), Nov. 30, 1989, 103 Stat. 1703, related to limitation on number of retirements 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: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.