50 U.S.C. § 403w : US Code - Section 403W: Intelligence operations and cover enhancement authority

Search 50 U.S.C. § 403w : US Code - Section 403W: Intelligence operations and cover enhancement authority

(a) Definitions
In this section -
(1) the term "designated employee" means an employee designated
by the Director of the Central Intelligence Agency under
subsection (b) of this section; and
(2) the term "Federal retirement system" includes the Central
Intelligence Agency Retirement and Disability System, and the
Federal Employees' Retirement System (including the Thrift
Savings Plan).
(b) In general
(1) Authority
Notwithstanding any other provision of law, the Director of the
Central Intelligence Agency may exercise the authorities under
this section in order to -
(A) protect from unauthorized disclosure -
(i) intelligence operations;
(ii) the identities of undercover intelligence officers;
(iii) intelligence sources and methods; or
(iv) intelligence cover mechanisms; or
(B) meet the special requirements of work related to
collection of foreign intelligence or other authorized
activities of the Agency.
(2) Designation of employees
The Director of the Central Intelligence Agency may designate
any employee of the Agency who is under nonofficial cover to be
an employee to whom this section applies. Such designation may be
made with respect to any or all authorities exercised under this
section.
(c) Compensation
The Director of the Central Intelligence Agency may pay a
designated employee salary, allowances, and other benefits in an
amount and in a manner consistent with the nonofficial cover of
that employee, without regard to any limitation that is otherwise
applicable to a Federal employee. A designated employee may accept,
utilize, and, to the extent authorized by regulations prescribed
under subsection (i) of this section, retain any salary,
allowances, and other benefits provided under this section.
(d) Retirement benefits
(1) In general
The Director of the Central Intelligence Agency may establish
and administer a nonofficial cover employee retirement system for
designated employees (and the spouse, former spouses, and
survivors of such designated employees). A designated employee
may not participate in the retirement system established under
this paragraph and another Federal retirement system at the same
time.
(2) Conversion to other Federal retirement system
(A) In general
A designated employee participating in the retirement system
established under paragraph (1) may convert to coverage under
the Federal retirement system which would otherwise apply to
that employee at any appropriate time determined by the
Director of the Central Intelligence Agency (including at the
time of separation of service by reason of retirement), if the
Director of the Central Intelligence Agency determines that the
employee's participation in the retirement system established
under this subsection is no longer necessary to protect from
unauthorized disclosure -
(i) intelligence operations;
(ii) the identities of undercover intelligence officers;
(iii) intelligence sources and methods; or
(iv) intelligence cover mechanisms.
(B) Conversion treatment
Upon a conversion under this paragraph -
(i) all periods of service under the retirement system
established under this subsection shall be deemed periods of
creditable service under the applicable Federal retirement
system;
(ii) the Director of the Central Intelligence Agency shall
transmit an amount for deposit in any applicable fund of that
Federal retirement system that -
(I) is necessary to cover all employee and agency
contributions including -
(aa) interest as determined by the head of the agency
administering the Federal retirement system into which
the employee is converting; or
(bb) in the case of an employee converting into the
Federal Employees' Retirement System, interest as
determined under section 8334(e) of title 5; and
(II) ensures that such conversion does not result in any
unfunded liability to that fund; and
(iii) in the case of a designated employee who participated
in an employee investment retirement system established under
paragraph (1) and is converted to coverage under subchapter
III of chapter 84 of title 5, the Director of the Central
Intelligence Agency may transmit any or all amounts of that
designated employee in that employee investment retirement
system (or similar part of that retirement system) to the
Thrift Savings Fund.
(C) Transmitted amounts
(i) In general
Amounts described under subparagraph (B)(ii) shall be paid
from the fund or appropriation used to pay the designated
employee.
(ii) Offset
The Director of the Central Intelligence Agency may use
amounts contributed by the designated employee to a
retirement system established under paragraph (1) to offset
amounts paid under clause (i).
(D) Records
The Director of the Central Intelligence Agency shall
transmit all necessary records relating to a designated
employee who converts to a Federal retirement system under this
paragraph (including records relating to periods of service
which are deemed to be periods of creditable service under
subparagraph (B)) to the head of the agency administering that
Federal retirement system.
(e) Health insurance benefits
(1) In general
The Director of the Central Intelligence Agency may establish
and administer a nonofficial cover employee health insurance
program for designated employees (and the family of such
designated employees). A designated employee may not participate
in the health insurance program established under this paragraph
and the program under chapter 89 of title 5 at the same time.
(2) Conversion to Federal employees health benefits program
(A) In general
A designated employee participating in the health insurance
program established under paragraph (1) may convert to coverage
under the program under chapter 89 of title 5 at any
appropriate time determined by the Director of the Central
Intelligence Agency (including at the time of separation of
service by reason of retirement), if the Director of the
Central Intelligence Agency determines that the employee's
participation in the health insurance program established under
this subsection is no longer necessary to protect from
unauthorized disclosure -
(i) intelligence operations;
(ii) the identities of undercover intelligence officers;
(iii) intelligence sources and methods; or
(iv) intelligence cover mechanisms.
(B) Conversion treatment
Upon a conversion under this paragraph -
(i) the employee (and family, if applicable) shall be
entitled to immediate enrollment and coverage under chapter
89 of title 5;
(ii) any requirement of prior enrollment in a health
benefits plan under chapter 89 of that title for continuation
of coverage purposes shall not apply;
(iii) the employee shall be deemed to have had coverage
under chapter 89 of that title from the first opportunity to
enroll for purposes of continuing coverage as an annuitant;
and
(iv) the Director of the Central Intelligence Agency shall
transmit an amount for deposit in the Employees' Health
Benefits Fund that is necessary to cover any costs of such
conversion.
(C) Transmitted amounts
Any amount described under subparagraph (B)(iv) shall be paid
from the fund or appropriation used to pay the designated
employee.
(f) Life insurance benefits
(1) In general
The Director of the Central Intelligence Agency may establish
and administer a nonofficial cover employee life insurance
program for designated employees (and the family of such
designated employees). A designated employee may not participate
in the life insurance program established under this paragraph
and the program under chapter 87 of title 5 at the same time.
(2) Conversion to Federal employees group life insurance program
(A) In general
A designated employee participating in the life insurance
program established under paragraph (1) may convert to coverage
under the program under chapter 87 of title 5 at any
appropriate time determined by the Director of the Central
Intelligence Agency (including at the time of separation of
service by reason of retirement), if the Director of the
Central Intelligence Agency determines that the employee's
participation in the life insurance program established under
this subsection is no longer necessary to protect from
unauthorized disclosure -
(i) intelligence operations;
(ii) the identities of undercover intelligence officers;
(iii) intelligence sources and methods; or
(iv) intelligence cover mechanisms.
(B) Conversion treatment
Upon a conversion under this paragraph -
(i) the employee (and family, if applicable) shall be
entitled to immediate coverage under chapter 87 of title 5;
(ii) any requirement of prior enrollment in a life
insurance program under chapter 87 of that title for
continuation of coverage purposes shall not apply;
(iii) the employee shall be deemed to have had coverage
under chapter 87 of that title for the full period of service
during which the employee would have been entitled to be
insured for purposes of continuing coverage as an annuitant;
and
(iv) the Director of the Central Intelligence Agency shall
transmit an amount for deposit in the Employees' Life
Insurance Fund that is necessary to cover any costs of such
conversion.
(C) Transmitted amounts
Any amount described under subparagraph (B)(iv) shall be paid
from the fund or appropriation used to pay the designated
employee.
(g) Exemption from certain requirements
The Director of the Central Intelligence Agency may exempt a
designated employee from mandatory compliance with any Federal
regulation, rule, standardized administrative policy, process, or
procedure that the Director of the Central Intelligence Agency
determines -
(1) would be inconsistent with the nonofficial cover of that
employee; and
(2) could expose that employee to detection as a Federal
employee.
(h) Taxation and social security
(1) In general
Notwithstanding any other provision of law, a designated
employee -
(A) shall file a Federal or State tax return as if that
employee is not a Federal employee and may claim and receive
the benefit of any exclusion, deduction, tax credit, or other
tax treatment that would otherwise apply if that employee was
not a Federal employee, if the Director of the Central
Intelligence Agency determines that taking any action under
this paragraph is necessary to -
(i) protect from unauthorized disclosure -
(I) intelligence operations;
(II) the identities of undercover intelligence officers;
(III) intelligence sources and methods; or
(IV) intelligence cover mechanisms; and
(ii) meet the special requirements of work related to
collection of foreign intelligence or other authorized
activities of the Agency; and
(B) shall receive social security benefits based on the
social security contributions made.
(2) Internal Revenue Service review
The Director of the Central Intelligence Agency shall establish
procedures to carry out this subsection. The procedures shall be
subject to periodic review by the Internal Revenue Service.
(i) Regulations
The Director of the Central Intelligence Agency shall prescribe
regulations to carry out this section. The regulations shall ensure
that the combination of salary, allowances, and benefits that an
employee designated under this section may retain does not
significantly exceed, except to the extent determined by the
Director of the Central Intelligence Agency to be necessary to
exercise the authority in subsection (b) of this section, the
combination of salary, allowances, and benefits otherwise received
by Federal employees not designated under this section.
(j) Finality of decisions
Any determinations authorized by this section to be made by the
Director of the Central Intelligence Agency or the Director's
designee shall be final and conclusive and shall not be subject to
review by any court.
(k) Subsequently enacted laws
No law enacted after the effective date of this section shall
affect the authorities and provisions of this section unless such
law specifically refers to this section.