50 U.S.C. § 3303 — Construction of intelligence community

Page 780 TITLE 50—WAR AND NATIONAL DEFENSE § 3303 justification materials for the annual submis- sion of the National Foreign Intelligence Pro- gram of each fiscal year. (Pub. L. 103–359, title VI, § 603, Oct. 14, 1994, 108 Stat. 3433.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 403–1 of this title prior to editorial reclassification as this section. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title. § 3303. Construction of intelligence community facilities; Presidential authorization (a) No project for the construction of any fa- cility, or improvement to any facility, having an estimated Federal cost in excess of $300,000, may be undertaken in any fiscal year unless spe- cifically identified as a separate item in the President’s annual fiscal year budget request or otherwise specifically authorized and appro- priated if such facility or improvement would be used primarily by personnel of the intelligence community. (b) As used in this section, the term ‘‘intel- ligence community’’ has the same meaning given that term in section 3003(4) of this title. (Pub. L. 103–335, title VIII, § 8131, Sept. 30, 1994, 108 Stat. 2653.) Editorial Notes CODIFICATION Section was formerly classified to section 403–2a of this title prior to editorial reclassification and renum- bering as this section. § 3304. Limitation on construction of facilities to be used primarily by intelligence community (a) In general (1) In general Except as provided in subsection (b), no project for the construction of any facility to be used primarily by personnel of any compo- nent 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 fis- cal year budget request and is specifically au- thorized by the Congress. (2) Notification In the case of a project for the construction of any facility to be used primarily by per- sonnel 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 im- provement, 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 com- mittees specifically identifying such project. (b) Exception (1) In general Notwithstanding subsection (a) but subject to paragraphs (2) and (3), a project for the con- struction of a facility to be used primarily by personnel of any component of the intelligence community may be carried out if the Sec- retary 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, safe- ty, or the quality of the environment, and (B) that the requirement for the project is so urgent that deferral of the project for in- clusion in the next Act authorizing appro- priations for the intelligence community would be inconsistent with national security or the protection of health, safety, or envi- ronmental quality, as the case may be. (2) Report (A) When a decision is made to carry out a construction project under this subsection, the Secretary of Defense and the Director of Na- tional Intelligence jointly shall submit a re- port 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 notifica- tion 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 In- telligence 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 inter- ests. (3) Projects primarily for CIA If a project referred to in paragraph (1) is primarily for the Central Intelligence Agency, the Director of the Central Intelligence Agen- cy shall make the determination and submit the report required by paragraphs (1) and (2). (4) Limitation A project carried out under this subsection shall be carried out within the total amount of