118 STAT. 3646 PUBLIC LAW 108–458—DEC. 17, 2004 ‘‘(6) Apportionment and allotment of funds under this sub- section shall be subject to chapter 13 and section 1517 of title 31, United States Code, and the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.). ‘‘(7)(A) The Director of National Intelligence shall provide a semi-annual report, beginning April 1, 2005, and ending April 1, 2007, to the President and the Congress regarding implementation of this section. ‘‘(B) The Director of National Intelligence shall report to the President and the Congress not later than 15 days after learning of any instance in which a departmental comptroller acts in a manner inconsistent with the law (including permanent statutes, authorization Acts, and appropriations Acts), or the direction of the Director of National Intelligence, in carrying out the National Intelligence Program. ‘‘(d) ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN TRANSFER AND REPROGRAMMING OF FUNDS.—(1)(A) No funds made available under the National Intelligence Program may be trans- ferred or reprogrammed without the prior approval of the Director of National Intelligence, except in accordance with procedures pre- scribed by the Director of National Intelligence. ‘‘(B) The Secretary of Defense shall consult with the Director of National Intelligence before transferring or reprogramming funds made available under the Joint Military Intelligence Program. ‘‘(2) Subject to the succeeding provisions of this subsection, the Director of National Intelligence may transfer or reprogram funds appropriated for a program within the National Intelligence Program to another such program. ‘‘(3) The Director of National Intelligence may only transfer or reprogram funds referred to in subparagraph (A)— ‘‘(A) with the approval of the Director of the Office of Management and Budget; and ‘‘(B) after consultation with the heads of departments con- taining agencies or organizations within the intelligence community to the extent such agencies or organizations are affected, and, in the case of the Central Intelligence Agency, after consultation with the Director of the Central Intelligence Agency. ‘‘(4) The amounts available for transfer or reprogramming in the National Intelligence Program in any given fiscal year, and the terms and conditions governing such transfers and reprogrammings, are subject to the provisions of annual appropria- tions Acts and this subsection. ‘‘(5)(A) A transfer or reprogramming of funds or personnel may be made under this subsection only if— ‘‘(i) the funds are being transferred to an activity that is a higher priority intelligence activity; ‘‘(ii) the transfer or reprogramming supports an emergent need, improves program effectiveness, or increases efficiency; ‘‘(iii) the transfer or reprogramming does not involve a transfer or reprogramming of funds to a Reserve for Contin- gencies of the Director of National Intelligence or the Reserve for Contingencies of the Central Intelligence Agency; ‘‘(iv) the transfer or reprogramming results in a cumulative transfer or reprogramming of funds out of any department or agency, as appropriate, funded in the National Intelligence Program in a single fiscal year— Reports. Deadlines. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00180 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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