50 U.S.C. § 3048 — Detail of intelligence community per-

Page 640 TITLE 50—WAR AND NATIONAL DEFENSE § 3048 purposes for which it was provided during the period covered by the report. The President shall also report to the appropriate committees of Congress within 15 days after it has become known to the United States Government that there has been an unauthorized dis- closure of intelligence provided by the United States to the United Nations. ‘‘(2) The requirement for periodic reports under the first sentence of paragraph (1) shall not apply to the provision of intelligence that is provided only to, and for the use of, appropriately cleared United States Gov- ernment personnel serving with the United Nations. ‘‘(3) In the case of the annual reports required to be submitted under the first sentence of paragraph (1) to the congressional intelligence committees, the sub- mittal dates for such reports shall be as provided in section 415b of this title.’’ 2004—Subsec. (a)(1). Pub. L. 108–458, § 1071(a)(1)(K), substituted ‘‘Director of National Intelligence’’ for ‘‘Di- rector of Central Intelligence’’. Subsec. (d)(1). Pub. L. 108–458, § 1072(a)(4), which di- rected amendment of par. (1) by substituting ‘‘section 403–1(i)’’ for ‘‘section 403–3(c)(6)’’, could not be executed because the words ‘‘section 403–3(c)(6)’’ did not appear after the amendment by Pub. L. 108–177, § 377(a). See 2003 Amendment note below. Pub. L. 108–458, § 1071(a)(1)(L), substituted ‘‘Director of National Intelligence’’ for ‘‘Director of Central Intel- ligence’’. 2003—Subsec. (b). Pub. L. 108–177, § 361(b)(1), sub- stituted ‘‘Annual’’ for ‘‘Periodic’’ in heading. Subsec. (b)(1). Pub. L. 108–177, § 361(b)(2), substituted ‘‘annually’’ for ‘‘semiannually’’. Subsec. (b)(3). Pub. L. 108–177, § 361(b)(3), substituted ‘‘the annual’’ for ‘‘periodic’’. Subsec. (d)(1). Pub. L. 108–177, § 377(a), substituted ‘‘section 403–3(c)(7)’’ for ‘‘section 403–3(c)(6)’’. 2002—Subsec. (b)(3). Pub. L. 107–306 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by section 361(b) of Pub. L. 108–177 effec- tive Dec. 31, 2003, see section 361(n) of Pub. L. 108–177, set out as a note under section 1611 of Title 10, Armed Forces. § 3048. Detail of intelligence community per- sonnel—Intelligence Community Assignment Program (a) Detail (1) Notwithstanding any other provision of law, the head of a department with an element in the intelligence community or the head of an intelligence community agency or element may detail any employee within that department, agency, or element to serve in any position in the Intelligence Community Assignment Pro- gram on a reimbursable or a nonreimbursable basis. (2) Nonreimbursable details may be for such periods as are agreed to between the heads of the parent and host agencies, up to a maximum of three years, except that such details may be extended for a period not to exceed one year when the heads of the parent and host agencies determine that such extension is in the public interest. (b) Benefits, allowances, travel, incentives (1) An employee detailed under subsection (a) may be authorized any benefit, allowance, trav- el, or incentive otherwise provided to enhance staffing by the organization from which the em- ployee is detailed. (2) The head of an agency of an employee de- tailed under subsection (a) may pay a lodging al- lowance for the employee subject to the fol- lowing conditions: (A) The allowance shall be the lesser of the cost of the lodging or a maximum amount payable for the lodging as established jointly by the Director of National Intelligence and— (i) with respect to detailed employees of the Department of Defense, the Secretary of Defense; and (ii) with respect to detailed employees of other agencies and departments, the head of such agency or department. (B) The detailed employee maintains a pri- mary residence for the employee’s immediate family in the local commuting area of the par- ent agency duty station from which the em- ployee regularly commuted to such duty sta- tion before the detail. (C) The lodging is within a reasonable prox- imity of the host agency duty station. (D) The distance between the detailed em- ployee’s parent agency duty station and the host agency duty station is greater than 20 miles. (E) The distance between the detailed em- ployee’s primary residence and the host agen- cy duty station is 10 miles greater than the distance between such primary residence and the employees parent duty station. (F) The rate of pay applicable to the detailed employee does not exceed the rate of basic pay for grade GS–15 of the General Schedule. (July 26, 1947, ch. 343, title I, § 113, as added Pub. L. 105–107, title III, § 303(a), Nov. 20, 1997, 111 Stat. 2251; amended Pub. L. 107–108, title III, § 304, Dec. 28, 2001, 115 Stat. 1398; Pub. L. 107–306, title VIII, § 841(a), Nov. 27, 2002, 116 Stat. 2431; Pub. L. 108–458, title I, § 1071(a)(1)(M), Dec. 17, 2004, 118 Stat. 3689.) Editorial Notes REFERENCES IN TEXT GS–15 of the General Schedule, referred to in subsec. (b)(2)(F), is set out under section 5332 of Title 5, Gov- ernment Organization and Employees. CODIFICATION Section was formerly classified to section 404h of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2004—Subsec. (b)(2)(A). Pub. L. 108–458 substituted ‘‘Director of National Intelligence’’ for ‘‘Director of Central Intelligence’’ in introductory provisions. 2002—Subsec. (c). Pub. L. 107–306 struck out heading and text of subsec. (c). Text read as follows: ‘‘Not later Page 641 TITLE 50—WAR AND NATIONAL DEFENSE § 3049a than March 1, 1999, and annually thereafter, the Direc- tor of Central Intelligence shall submit to the Perma- nent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intel- ligence of the Senate a report describing the detail of intelligence community personnel pursuant to sub- section (a) during the 12-month period ending on the date of the report. The report shall set forth the num- ber of personnel detailed, the identity of parent and host agencies or elements, and an analysis of the bene- fits of the details.’’ 2001—Subsec. (b). Pub. L. 107–108 designated existing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. EFFECTIVE DATE Pub. L. 105–107, title III, § 303(d), Nov. 20, 1997, 111 Stat. 2252, provided that: ‘‘The amendment made by subsection (a) [enacting this section] shall apply to an employee on detail on or after January 1, 1997.’’ § 3049. Non-reimbursable detail of other per- sonnel An officer or employee of the United States or member of the Armed Forces may be detailed to the staff of an element of the intelligence com- munity funded through the National Intel- ligence Program from another element of the in- telligence community or from another element of the United States Government on a non-reim- bursable basis, as jointly agreed to by the heads of the receiving and detailing elements, for a pe- riod not to exceed three years. This section does not limit any other source of authority for reim- bursable or non-reimbursable details. A non-re- imbursable detail made under this section shall not be considered an augmentation of the appro- priations of the receiving element of the intel- ligence community. (July 26, 1947, ch. 343, title I, § 113A, as added Pub. L. 111–259, title III, § 302(a), Oct. 7, 2010, 124 Stat. 2658; amended Pub. L. 112–18, title III, § 303(a), June 8, 2011, 125 Stat. 226; Pub. L. 112–277, title III, § 303, Jan. 14, 2013, 126 Stat. 2471.) Editorial Notes CODIFICATION Section was formerly classified to section 404h–1 of this title prior to editorial reclassification and renum- bering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification. AMENDMENTS 2013—Pub. L. 112–277 substituted ‘‘three years.’’ for ‘‘two years.’’ and inserted at end ‘‘A non-reimbursable detail made under this section shall not be considered an augmentation of the appropriations of the receiving element of the intelligence community.’’ 2011—Pub. L. 112–18 amended section generally. Prior to amendment, text read as follows: ‘‘Except as pro- vided in section 402c(g)(2) of this title and section 404h of this title, and notwithstanding any other provision of law, an officer or employee of the United States or member of the Armed Forces may be detailed to the staff of an element of the intelligence community fund- ed through the National Intelligence Program from an- other element of the intelligence community or from another element of the United States Government on a reimbursable or nonreimbursable basis, as jointly agreed to by the head of the receiving element and the head of the detailing element, for a period not to ex- ceed 2 years.’’ § 3049a. Special pay authority for science, tech- nology, engineering, or mathematics posi- tions and positions requiring banking or fi- nancial services expertise (a) Special rates of pay for positions requiring expertise in science, technology, engineering, or mathematics or in banking or financial services (1) In general Notwithstanding part III of title 5, the head of each element of the intelligence community may, for one or more categories of positions in such element that require expertise in science, technology, engineering, or mathematics or in banking or financial services (including exper- tise relating to critical financial infrastruc- ture operations, capital markets, banking compliance programs, or international invest- ments)— (A) establish higher minimum rates of pay; and (B) make corresponding increases in all rates of pay of the pay range for each grade or level, subject to subsection (b) or (c), as applicable. (2) Limitation on number of recipients For each element of the intelligence commu- nity, the number of individuals serving in a position in such element who receive a higher rate of pay established or increased under paragraph (1) may not, at any time during a given fiscal year, exceed 50 individuals or 5 percent of the total number of full-time equiv- alent positions authorized for such element for the preceding fiscal year, whichever is greater. (3) Treatment The special rate supplements resulting from the establishment of higher rates under para- graph (1) shall be basic pay for the same or similar purposes as those specified in section 5305(j) of title 5. (b) Special rates of pay for cyber positions (1) In general Notwithstanding subsection (c), the Director of the National Security Agency may estab- lish a special rate of pay— (A) not to exceed the rate of basic pay pay- able for level II of the Executive Schedule under section 5313 of title 5 if the Director certifies to the Under Secretary of Defense for Intelligence and Security, in consulta- tion with the Under Secretary of Defense for