View all text of Subchapter I [§ 3301 - § 3316c]
§ 3304. Limitation on construction of facilities to be used primarily by intelligence community
(a) In general
(1) In general
(2) Notification
(b) Exception
(1) In generalNotwithstanding 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) Report
(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) Projects primarily for CIA
(4) Limitation
(c) Application
(Pub. L. 103–359, title VI, § 602, Oct. 14, 1994, 108 Stat. 3432; Pub. L. 108–177, title III, § 314, Dec. 13, 2003, 117 Stat. 2610; Pub. L. 111–259, title VIII, § 809, Oct. 7, 2010, 124 Stat. 2749; Pub. L. 115–31, div. N, title III, § 307, May 5, 2017, 131 Stat. 813; Pub. L. 116–260, div. W, title III, § 309, Dec. 27, 2020, 134 Stat. 2369; Pub. L. 117–103, div. X, title III, § 305, Mar. 15, 2022, 136 Stat. 966.)