Page:United States Statutes at Large Volume 118.djvu/3976

 118 STAT. 3946 PUBLIC LAW 108–487—DEC. 23, 2004 (1) by striking subsection (f); and (2) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively. (b) TERMINATION OF FUNDS REMITTANCE REQUIREMENT.—(1) Section 2 of such Act is further amended by striking subsection (i). (2) Section 4(a)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note) is amended by striking ‘‘, or section 2 of the Central Intelligence Agency Voluntary Separation Pay Act (Public Law 103–36; 107 Stat. 104)’’. SEC. 402. INTELLIGENCE OPERATIONS AND COVER ENHANCEMENT AUTHORITY. The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by adding at the end the following: ‘‘INTELLIGENCE OPERATIONS AND COVER ENHANCEMENT AUTHORITY ‘‘SEC. 23. (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); and ‘‘(2) the term ‘Federal retirement system’ includes the Cen- tral 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 exer- cise the authorities under this section in order to— ‘‘(A) protect from unauthorized disclosure— ‘‘(i) intelligence operations; ‘‘(ii) the identities of undercover intelligence offi- cers; ‘‘(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 Cen- tral 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 limita- tion that is otherwise applicable to a Federal employee. A des- ignated employee may accept, utilize, and, to the extent authorized by regulations prescribed under subsection (i), 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 50 USC 403w. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00480 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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