§ 403w. Intelligence operations and cover enhancement authority
(a)
Definitions
In this section—
(b)
In general
(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—
(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—
(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
(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—
(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;
(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—
(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;
(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—
(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)
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.