§ 3512. Gifts, devises, and bequests

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1949

   Intelligence Authorization Act for Fiscal Year 1981

   Pub. L. 96–450 title IV § 404 · 94 Stat. 1975

   Enacted · 50 U.S.C. § 3512

   June 20, 1949, ch. 227, § 12, as added Pub. L. 96–450, title IV, § 404, Oct. 14, 1980, 94 Stat. 1979

   Source evidence

   Code source credit
   June 20, 1949, ch. 227, § 12, as added Pub. L. 96–450, title IV, § 404, Oct. 14, 1980, 94 Stat. 1979

   Enacted provision · exact public law section
   Sec. 404. special provisions relating to the welfare of personnel of the central intelligence agency The Central Intelligence Agency Act of 1949 is amended by adding after section 11 (as added by section 403(a)) the following new section: “Sec. 12. “authority to accept gifts, devises, and bequests (a) Subject to the provisions of this section, the Director 50 USC 403l. 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. Any gift accepted 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 circumstances 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 produced by the gift unless such expenditure has been authorized by law. “(b) Unless otherwise restricted by the terms of the gift, the Director may sell or exchange, or invest or reinvest, any property which is accepted under this section, but any such investment may only be in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. “(c) 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 this section, and the earnings and proceeds thereof, 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) For purposes of Federal income, estate, and gift taxes, gifts accepted by the Director under this section shall be considered to be to or for the use of the United States. “(e) For the purposes of this section, the term ‘gift’ includes a bequest or devise.”.

2. 2012

   Intelligence Authorization Act for Fiscal Year 2012

   Pub. L. 112–87 § 411(1) · 125 Stat. 1876

   1. Amended · 50 U.S.C. § 3512(a)

      Pub. L. 112–87, § 411(1), designated existing provisions as par. (1)

   2. Struck · 50 U.S.C. § 3512(a)

      Pub. L. 112–87, § 411(1), struck out “Any gift accepted 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 circumstances 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 produced by the gift unless such expenditure has been authorized by law.” at end

   3. Added · 50 U.S.C. § 3512(a)

      Pub. L. 112–87, § 411(1), added pars. (2) to (5)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 112–87, § 411(1), designated existing provisions as par. (1), struck out “Any gift accepted 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 circumstances 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 produced by the gift unless such expenditure has been authorized by law.” at end, and added pars. (2) to (5).

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by inserting “(1)” after “(a)”; and (B) by striking the second and third sentences and inserting the following: “(2) Any gift accepted under this section (and any income produced by any such gift)— “(A) may be used only for—” “(i) artistic display; “(ii) purposes relating to the general welfare, education, or recreation of employees or dependents of employees of the Agency or for similar purposes; or “(iii) purposes relating to the welfare, education, or recreation of an individual described 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 activities; “(ii) occurred in connection with an intelligence 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 employee of the Agency who died in circumstances 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 discretion, determine that an individual described in subparagraph (A) or (B) of paragraph (3) may accept a gift for the purposes described in paragraph (2)(A)(iii).” ; and

3. 2012

   Intelligence Authorization Act for Fiscal Year 2012

   Pub. L. 112–87 § 411(2) · 125 Stat. 1876

   Added · 50 U.S.C. § 3512(f)

   Pub. L. 112–87, § 411(2), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 112–87, § 411(2), added subsec. (f).

   Enacted provision · exact public law section
   (2) by adding at the end the following new subsection: “(f) Regulations. The Director, in consultation with the Director of the Office of Government Ethics, shall issue regulations to carry out the authority provided in this section. Such regulations shall ensure that such authority is exercised consistent with all relevant ethical constraints and principles, 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.” .

4. 2014

   Intelligence Authorization Act for Fiscal Year 2014

   Pub. L. 113–126 § 421(1) · 128 Stat. 1390

   Substituted · 50 U.S.C. § 3512

   Pub. L. 113–126, § 421(1), substituted “Gifts, devises, and bequests” for “Authority to accept gifts, devises, and bequests” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 113–126, § 421(1), substituted “Gifts, devises, and bequests” for “Authority to accept gifts, devises, and bequests” in section catchline.

   Enacted provision · exact public law section
   (1) by striking the section heading and inserting “gifts, devises, and bequests”;

5. 2014

   Intelligence Authorization Act for Fiscal Year 2014

   Pub. L. 113–126 § 421(2) · 128 Stat. 1390

   1. Inserted · 50 U.S.C. § 3512(a)(2)

      Pub. L. 113–126, § 421(2), in introductory provisions, inserted “by the Director as a gift to the Agency” after “accepted”

   2. Substituted · 50 U.S.C. § 3512(a)(2)

      Pub. L. 113–126, § 421(2), in introductory provisions, substituted “this subsection” for “this section”

   Source evidence

   Code amendment note
   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 subsection” for “this section”.

   Enacted provision · exact public law section
   (2) in subsection (a)(2)— (A) by inserting “by the Director as a gift to the Agency” after “accepted”; and (B) by striking “this section” and inserting “this subsection”;

6. 2014

   Intelligence Authorization Act for Fiscal Year 2014

   Pub. L. 113–126 § 421(3) · 128 Stat. 1390

   Substituted · 50 U.S.C. § 3512(b); 50 U.S.C. § 3512(c)

   Pub. L. 113–126, § 421(3), (4), substituted “subsection (a),” for “this section,”

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 113–126, § 421(3), (4), substituted “subsection (a),” for “this section,”.

   Enacted provision · exact public law section
   (3) in subsection (b), by striking “this section,” and inserting “subsection (a),”;

7. 2014

   Intelligence Authorization Act for Fiscal Year 2014

   Pub. L. 113–126 § 421(5) · 128 Stat. 1390

   Substituted · 50 U.S.C. § 3512(d)

   Pub. L. 113–126, § 421(5), substituted “subsection (a)” for “this section”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 113–126, § 421(5), substituted “subsection (a)” for “this section”.

   Enacted provision · exact public law section
   (5) in subsection (d), by striking “this section” and inserting “subsection (a)”;

8. 2014

   Intelligence Authorization Act for Fiscal Year 2014

   Pub. L. 113–126 § 421(6) · 128 Stat. 1390

   1. Added · 50 U.S.C. § 3512(f); 50 U.S.C. § 3512(g)

      Pub. L. 113–126, § 421(6), (7), added subsec. (f)

   2. Redesignated · 50 U.S.C. § 3512(f); 50 U.S.C. § 3512(g)

      Pub. L. 113–126, § 421(6), (7), redesignated former subsec. (f) as (g)

   Source evidence

   Code amendment note
   Subsecs. (f), (g). Pub. L. 113–126, § 421(6), (7), added subsec. (f) and redesignated former subsec. (f) as (g).

   Enacted provision · exact public law section
   (6) by redesignating subsection (f) as subsection (g); and

9. 2017

   Energy and Water Development and Related Agencies Appropriations Act, 2017

   Pub. L. 115–31 div. N title III § 303(b) · 131 Stat. 135

   Added · 50 U.S.C. § 3512(f)(3)

   Pub. L. 115–31 added par. (3)

   Source evidence

   Code amendment note
   Subsec. (f)(3). Pub. L. 115–31 added par. (3).

   Enacted provision · exact public law section
   Sec. 303. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements.

10. 2023

    Intelligence Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 div. G title IX § 7901(g)(3) · 137 Stat. 136

    Struck · 50 U.S.C. § 3512(a)(2)(A)

    Pub. L. 118–31 struck out closing quotation marks after “used only for—” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 118–31 struck out closing quotation marks after “used only for—” in introductory provisions.

    Enacted provision · exact public law section
    (3) in section 12(a)(2)(A) (50 U.S.C. 3512(a)(2)(A)), by striking “used only for—"” and inserting “used only for—”;

14 of 14 references resolved to an enrolled provision