Page:United States Statutes at Large Volume 124.djvu/2685

 124 STAT. 2659 PUBLIC LAW 111–259—OCT. 7, 2010 ‘‘(2) Authority under this subsection may be granted or exer- cised only— ‘‘(A) with respect to a position that requires an extremely high level of expertise and is critical to successful accomplish- ment of an important mission; and ‘‘(B) to the extent necessary to recruit or retain an indi- vidual exceptionally well qualified for the position. ‘‘(3) The head of a department or agency may not fix a rate of basic pay under this subsection at a rate greater than the rate payable for level II of the Executive Schedule under section 5313 of title 5, United States Code, except upon written approval of the Director of National Intelligence or as otherwise authorized by law. ‘‘(4) The head of a department or agency may not fix a rate of basic pay under this subsection at a rate greater than the rate payable for level I of the Executive Schedule under section 5312 of title 5, United States Code, except upon written approval of the President in response to a request by the Director of National Intelligence or as otherwise authorized by law. ‘‘(5) Any grant of authority under this subsection for a position shall terminate at the discretion of the Director of National Intel- ligence. ‘‘(6)(A) The Director of National Intelligence shall notify the congressional intelligence committees not later than 30 days after the date on which the Director grants authority to the head of a department or agency under this subsection. ‘‘(B) The head of a department or agency to which the Director of National Intelligence grants authority under this subsection shall notify the congressional intelligence committees and the Director of the exercise of such authority not later than 30 days after the date on which such head exercises such authority.’’. SEC. 304. AWARD OF RANK TO MEMBERS OF THE SENIOR NATIONAL INTELLIGENCE SERVICE. Section 102A of the National Security Act of 1947 (50 U.S.C. 403–1), as amended by section 303 of this Act, is further amended by adding at the end the following new subsection: ‘‘(t) AWARD OF RANK TO MEMBERS OF THE SENIOR NATIONAL INTELLIGENCE SERVICE.—(1) The President, based on the rec- ommendation of the Director of National Intelligence, may award a rank to a member of the Senior National Intelligence Service or other intelligence community senior civilian officer not already covered by such a rank award program in the same manner in which a career appointee of an agency may be awarded a rank under section 4507 of title 5, United States Code. ‘‘(2) The President may establish procedures to award a rank under paragraph (1) to a member of the Senior National Intelligence Service or a senior civilian officer of the intelligence community whose identity as such a member or officer is classified information (as defined in section 606(1)).’’. SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE INTEL- LIGENCE COMMUNITY. (a) ASSESSMENT.—Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.) is amended by inserting after section 506A the following new section: Notifications. Deadlines.