SEPARABILITY OF PROVISIONS

SEC. 9. [50 U.S.C. 403a note] If any provision of this Act, or the application of such provision to any person or circumstances, is held invalid, the remainder of this Act or the application of such provision to persons or circumstances other than these as to which it is held invalid, shall not be affected thereby.

SHORT TITLE

SEC. 10. [50 U.S.C. 401 note] This Act may be cited as the "Central Intelligence Agency Act of 1949".

AUTHORITY TO PAY DEATH GRATUITIES

SEC. 11. [50 U.S.C. 403k] (a)(1) The Director may pay a gratuity to the surviving dependents of any officer or employee of the Agency who dies as a result of injuries (other than from disease) sustained outside the United States and whose death

(A) resulted from hostile or terrorist activities; or

(B) occurred in connection with an intelligence activity having a substantial element of risk.

(2) The provisions of this subsection shall apply with respect to deaths occurring after June 30, 1974.

(b) Any payment under subsection (a)—

(1) shall be in an amount equal to the amount of the annual salary of the officer or employee concerned at the time of death;

(2) shall be considered a gift and shall be in lieu of payment of any lesser death gratuity authorized by any other Federal law; and

(3) shall be made under the same conditions as apply to payments authorized by section 14 of the Act of August 1, 1956 (22 U.S.C. 2679a).11

AUTHORITY TO ACCEPT GIFTS, DEVISES, AND BEQUESTS

SEC. 12. [50 U.S.C. 4031] (a) 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 do 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

11 Section 14 of the Act of August 1, 1956, was repealed effective February 15, 1981, by section 2205(10) of the Foreign Service Act of 1980 (Public Law 96-465, 94 Stat. 2160). The subject of death gratuities for Foreign Service employees is now covered by section 413 of that Act (22 U.S.C. 3973; 94 Stat. 2092). Section 2401(c) of that Act (94 Stat. 2168) provided: "References in law to provisions of the Foreign Service Act of 1946 or other law superseded by that Act shall be deemed to include reference to the corresponding provisions of this Act."

17-556 O- 83 - 3

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.

MISUSE OF AGENCY NAME, INITIALS OR SEAL

SEC. 13. [50 U.S.C. 403m] (a) No person may, except with the written permission of the Director, knowingly use the words 'Central Intelligence Agency', the initials '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) 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 proceeding 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.

RETIREMENT EQUITY FOR SPOUSES OF CERTAIN EMPLOYEES

SEC. 14. [50 U.S.C. 403n] (a) The provisions of sections 204, 221(b) (1)–(3), 221(f), 221(g)(2), 221(1), 221(m), 221(n), 221(0), 222, 223, 234(c), 234(d), 234(e), and 263(b) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) establishing certain requirements, limitations, rights, entitlements, and benefits relating to retirement annuities, survivor benefits, 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) The Director of the Office of Personnel Management, in consultation with the Director of Central Intelligence, shall prescribe such regulations as may be necessary to implement the provisions of this section.

CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT OF

1964 FOR CERTAIN EMPLOYEES

PUBLIC LAW 88-643-OCTOBER 13, 1964

(50 U.S.C. 403 note)

AN ACT to provide for the establishment and maintenance of a Central Intelligence Agency Retirement and Disability System for a limited number of employees, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-TITLE AND DEFINITIONS

PART A-TITLE

SEC. 101. This Act may be cited as the "Central Intelligence Agency Retirement Act of 1964 for Certain Employees".

PART B-DEFINITIONS

SEC. 111. When used in this Act, the term

(1) "Agency" means the Central Intelligence Agency; (2) "Director" means the Director of Central Intelligence; (3) "Qualifying service" means service performed as a participant in the system or, in the case of service prior to designation, service determined by the Director to have been performed in carrying out duties described in section 203; (4) "Fund balance" means the sum of

(a) the investments of the fund calculated at par value; and

(b) the cash balance of the fund on the books of the Treasury;

(5) "Unfunded liability" means the estimated excess of the present value of all benefits payable from the fund to participants and former participants, subject to this Act, and to their survivors, over the sum of

(a) the present value of deductions to be withheld from the future basic salary of participants currently subject to this Act and of future Agency contributions to be made in their behalf; plus

(b) the present value of Government payments to the fund under section 261 (b) and (c) of this Act; plus

(c) the fund balance as of the date the unfunded liability is determined; and

(6) "Normal cost" means the level percentage of payroll required to be deposited in the fund to meet the cost of benefits payable under the system (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the