§3304 — Title 50 War and National Defense | U.S. Code

Summary

Projects to build facilities mainly for intelligence staff that cost more than $9,000,000 cannot start unless the President lists the project separately in his yearly budget request and Congress specifically approves it. If a new building or a major repair will cost more than $4,000,000 but less than $9,000,000, the agency head, with the Director of National Intelligence's approval, must notify the intelligence committees about the project. The Secretary of Defense and the Director of National Intelligence can approve a project without waiting for Congress only if they both decide it is vital and too urgent to wait. They must send a written report to the right congressional committees explaining the need, the cost estimate, why it was urgent, and where the money will come from. Work can begin after seven days from that notice unless they jointly say an emergency exists and delay would cause harm, in which case work can start when the committees are notified. If the project is mainly for the CIA, the CIA Director makes the decision and sends the report. The project must use unspent funds already appropriated for intelligence activities. This rule does not apply to projects covered by other existing rules.

Title 50, §3304

War and National Defense — Source: USLM XML via OLRC

(a)(1)Except as provided in subsection (b), no project for the construction of any facility to be used primarily by personnel of any component of the intelligence community which has an estimated Federal cost in excess of $9,000,000 may be undertaken in any fiscal year unless such project is specifically identified as a separate item in the President’s annual fiscal year budget request and is specifically authorized by the Congress.

(2)In the case of a project for the construction of any facility to be used primarily by personnel of any component of the intelligence community which has an estimated Federal cost greater than $4,000,000 but less than $9,000,000, or where any project for the improvement, repair, or modification of such a facility has an estimated Federal cost greater than $4,000,000, the head of such component, in coordination with and subject to the approval of the Director of National Intelligence, shall submit a notification to the intelligence committees specifically identifying such project.

(b)(1)Notwithstanding subsection (a) but subject to paragraphs (2) and (3), a project for the construction of a facility to be used primarily by personnel of any component of the intelligence community may be carried out if the Secretary of Defense and the Director of National Intelligence jointly determine—

(A)that the project is vital to the national security or to the protection of health, safety, or the quality of the environment, and

(B)that the requirement for the project is so urgent that deferral of the project for inclusion in the next Act authorizing appropriations for the intelligence community would be inconsistent with national security or the protection of health, safety, or environmental quality, as the case may be.

(2)(A)When a decision is made to carry out a construction project under this subsection, the Secretary of Defense and the Director of National Intelligence jointly shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include (i) the justification for the project and the current estimate of the cost of the project, (ii) the justification for carrying out the project under this subsection, and (iii) a statement of the source of the funds to be used to carry out the project. The project may then be carried out only after the end of the 7-day period beginning on the date the notification is received by such committees.

(B)Notwithstanding subparagraph (A), a project referred to in paragraph (1) may begin on the date the notification is received by the appropriate committees of Congress under that paragraph if the Director of National Intelligence and the Secretary of Defense jointly determine that—

(i)an emergency exists with respect to the national security or the protection of health, safety, or environmental quality; and

(ii)any delay in the commencement of the project would harm any or all of those interests.

(3)If a project referred to in paragraph (1) is primarily for the Central Intelligence Agency, the Director of the Central Intelligence Agency shall make the determination and submit the report required by paragraphs (1) and (2).

(4)A project carried out under this subsection shall be carried out within the total amount of funds appropriated for intelligence and intelligence-related activities that have not been obligated.

(c)This section shall not apply to any project which is subject to subsection (a)(1)(A) or (c) of section 601.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 601, referred to in subsec. (c), means section 601 of Pub. L. 103–359, title VI, Oct. 14, 1994, 108 Stat. 3431, which is not classified to the Code. Codification Section was formerly classified to section 403–2b of this title prior to editorial reclassification and renumbering as this section.

Amendments

2024—Subsec. (a)(1). Pub. L. 118–159, § 6902(d)(1), substituted “$9,000,000” for “$6,000,000”. Subsec. (a)(2). Pub. L. 118–159, § 6902(d)(2), substituted “$4,000,000” for “$2,000,000” in two places and “$9,000,000” for “$6,000,000”. 2022—Subsec. (a). Pub. L. 117–103 substituted “$6,000,000” for “$5,000,000” in pars. (1) and (2). 2020—Subsec. (a)(2). Pub. L. 116–260 substituted “$2,000,000” for “$1,000,000” in two places and substituted “the head of such component, in coordination with and subject to the approval of the Director of National Intelligence, shall submit a notification” for “the Director of National Intelligence shall submit a notification”. 2017—Subsec. (a)(2). Pub. L. 115–31 substituted “project for the improvement, repair, or modification of” for “improvement project to”. 2010—Subsecs. (a)(2), (b)(1), (2)(A), (B). Pub. L. 111–259, § 809(1), (2)(A), (B), substituted “Director of National Intelligence” for “Director of Central Intelligence”. Subsec. (b)(3). Pub. L. 111–259, § 809(2)(C), substituted “Director of the Central Intelligence Agency” for “Director of Central Intelligence”. 2003—Subsec. (a). Pub. L. 108–177, § 314(a), substituted “$5,000,000” for “$750,000” in pars. (1) and (2) and “$1,000,000” for “$500,000” in two places in par. (2). Subsec. (b)(2). Pub. L. 108–177, § 314(b), designated existing provisions as subpar. (A), redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, substituted “7-day period” for “21-day period”, and added subpar. (B).

Statutory Notes and Related Subsidiaries

Definitions Pub. L. 103–359, title VI, § 604, Oct. 14, 1994, 108 Stat. 3433, provided that: “As used in this title [enacting this section and section 3302 of this title]: “(1) Intelligence committees.—The term ‘intelligence committees’ means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. “(2) Intelligence community.—The term ‘intelligence community’ has the same meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4) [now 50 U.S.C. 3003(4)]).”

§3304 Limitation on Construction of Facilities to Be Used Primarily by Intelligence Community