; (5) shall be subject to the same requirements applicable to an employee performing the same functions and duties proposed for performance by the private sector employee; and (6) in the case of an element of the intelligence community in the Department of Defense, may not be used to circumvent the provisions of section 2461 of title 10, United States Code. (h) Prohibition against charging certain costs to the federal government A private-sector organization may not charge an element of the intelligence community or any other agency of the Federal Government, as direct costs under a Federal contract, the costs of pay or benefits paid by the organization to an employee detailed to an element of the intelligence community under this section for the period of the detail and any subsequent renewal periods. (i) Additional administrative matters In carrying out this section, the Director, pursuant to procedures developed under subsection (a)— (1) shall, to the degree practicable, ensure that small business concerns are represented with respect to details authorized by this section; (2) may, notwithstanding any other provision of law, establish criteria for elements of the intelligence community to use appropriated funds to reimburse small business concerns for the salaries and benefits of its employees during the periods when the small business concern agrees to detail its employees to the intelligence community under this section; (3) shall take into consideration the question of how details under this section might best be used to help meet the needs of the intelligence community, including with respect to the training of employees; (4) shall take into consideration areas of private-sector expertise that are critical to the intelligence community