118 STAT. 3647 PUBLIC LAW 108–458—DEC. 17, 2004 ‘‘(I) that is less than $150,000,000, and ‘‘(II) that is less than 5 percent of amounts available to a department or agency under the National Intelligence Program; and ‘‘(v) the transfer or reprogramming does not terminate an acquisition program. ‘‘(B) A transfer or reprogramming may be made without regard to a limitation set forth in clause (iv) or (v) of subparagraph (A) if the transfer has the concurrence of the head of the department involved or the Director of the Central Intelligence Agency (in the case of the Central Intelligence Agency). The authority to pro- vide such concurrence may only be delegated by the head of the department or agency involved to the deputy of such officer. ‘‘(6) Funds transferred or reprogrammed under this subsection shall remain available for the same period as the appropriations account to which transferred or reprogrammed. ‘‘(7) Any transfer or reprogramming of funds under this sub- section shall be carried out in accordance with existing procedures applicable to reprogramming notifications for the appropriate congressional committees. Any proposed transfer or reprogramming for which notice is given to the appropriate congressional commit- tees shall be accompanied by a report explaining the nature of the proposed transfer or reprogramming and how it satisfies the requirements of this subsection. In addition, the congressional intel- ligence committees shall be promptly notified of any transfer or reprogramming of funds made pursuant to this subsection in any case in which the transfer or reprogramming would not have other- wise required reprogramming notification under procedures in effect as of the date of the enactment of this subsection. ‘‘(e) TRANSFER OF PERSONNEL.—(1)(A) In addition to any other authorities available under law for such purposes, in the first twelve months after establishment of a new national intelligence center, the Director of National Intelligence, with the approval of the Director of the Office of Management and Budget and in consultation with the congressional committees of jurisdiction referred to in subparagraph (B), may transfer not more than 100 personnel authorized for elements of the intelligence community to such center. ‘‘(B) The Director of National Intelligence shall promptly pro- vide notice of any transfer of personnel made pursuant to this paragraph to— ‘‘(i) the congressional intelligence committees; ‘‘(ii) the Committees on Appropriations of the Senate and the House of Representatives; ‘‘(iii) in the case of the transfer of personnel to or from the Department of Defense, the Committees on Armed Services of the Senate and the House of Representatives; and ‘‘(iv) in the case of the transfer of personnel to or from the Department of Justice, to the Committees on the Judiciary of the Senate and the House of Representatives. ‘‘(C) The Director shall include in any notice under subpara- graph (B) an explanation of the nature of the transfer and how it satisfies the requirements of this subsection. ‘‘(2)(A) The Director of National Intelligence, with the approval of the Director of the Office of Management and Budget and in accordance with procedures to be developed by the Director of National Intelligence and the heads of the departments and agencies Notice. Notification. Reports. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00181 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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