View all text of Chapter 46 [§ 3501 - § 3533]
§ 3512. Gifts, devises, and bequests
(a) Use for operational purposes prohibited
(1) 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 to do so.
(2) Any gift accepted by the Director as a gift to the Agency under this subsection (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).
(b) Sale, exchange and investment of gifts
(c) Deposit of gifts into special fund
(d) Taxation of gifts
(e) “Gift” defined
(f) Fundraising
(1) The Director may engage in fundraising in an official capacity for the benefit of nonprofit organizations that provide support to surviving family members of deceased Agency employees or that otherwise provide support for the welfare, education, or recreation of Agency employees, former Agency employees, or their family members.
(2) In this subsection, the term “fundraising” means the raising of funds through the active participation in the promotion, production, or presentation of an event designed to raise funds and does not include the direct solicitation of money by any other means.
(3) Not later than the date that is 7 days after the date the Director engages in fundraising authorized by this subsection or at the time the decision is made to participate in such fundraising, the Director shall notify the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives of the fundraising.
(g) RegulationsThe 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.
(June 20, 1949, ch. 227, § 12, as added Pub. L. 96–450, title IV, § 404, Oct. 14, 1980, 94 Stat. 1979; amended Pub. L. 112–87, title IV, § 411, Jan. 3, 2012, 125 Stat. 1889; Pub. L. 113–126, title IV, § 421, July 7, 2014, 128 Stat. 1410; Pub. L. 115–31, div. N, title III, § 303(b), May 5, 2017, 131 Stat. 810; Pub. L. 118–31, div. G, title IX, § 7901(g)(3), Dec. 22, 2023, 137 Stat. 1107.)