§ 3304. Limitation on construction of facilities to be used primarily by intelligence community

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Intelligence Authorization Act for Fiscal Year 1995

   Pub. L. 103–359 title VI § 602 · 108 Stat. 3423

   Enacted · 50 U.S.C. § 3304

   Pub. L. 103–359, title VI, § 602, Oct. 14, 1994, 108 Stat. 3432

   Source evidence

   Code source credit
   Pub. L. 103–359, title VI, § 602, Oct. 14, 1994, 108 Stat. 3432

   Enacted provision · exact public law section
   SEC. 602. LIMITATION ON CONSTRUCTION OF FACILITIES TO BE USED PRIMARILY BY THE 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 component of the intelligence community which has an estimated Federal cost in excess of $750,000 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) Notification.— 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 $500,000 but less than $750,000, or where any improvement project to such a facility has an estimated Federal cost greater than $500,000, the Director of Central Intelligence shall submit a notification to the intelligence committees specifically identifying such project. (b) Exception.— (1) In general.— 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 Central 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.— When a decision is made to carry out a construction project under this subsection, the Secretary of Defense and the Director of Central Intelligence jointly shall submit a report in writing to the appropriate committees of Congress on that decision. Each such report shall include (A) the justification for the project and the current estimate of the cost of the project, (B) the justification for carrying out the project under this subsection, and (C) 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 21-day period beginning on the date the notification is received by such committees. (3) Projects primarily for cia.— If a project referred to in paragraph (1) is primarily for the Central Intelligence Agency, the Director of Central Intelligence 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 funds appropriated for intelligence and intelligence-related activities that have not been obligated. (c) Application.— This section shall not apply to any project which is subject to subsection (a)(1)(A) or (c) of section 601.

2. 2003

   Intelligence Authorization Act for Fiscal Year 2004

   Pub. L. 108–177 § 314(a) · 117 Stat. 2599

   1. Substituted · 50 U.S.C. § 3304(a)

      Pub. L. 108–177, § 314(a), substituted “$5,000,000” for “$750,000” in two places in par. (2)

   2. Substituted · 50 U.S.C. § 3304(a)

      Pub. L. 108–177, § 314(a), substituted “$1,000,000” for “$500,000” in two places in par. (2)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (a) Increase of Thresholds for Notice.— Subsection (a) of section 602 of the Intelligence Authorization Act for Fiscal Year 1995 (Public Law 103–359; 108 Stat. 3432; 50 U.S.C. 403–2b(a)) is amended— (1) by striking “$750,000” each place it appears and inserting “$5,000,000”; and (2) by striking “$500,000” each place it appears and inserting “$1,000,000”.

3. 2003

   Intelligence Authorization Act for Fiscal Year 2004

   Pub. L. 108–177 § 314(b) · 117 Stat. 2599

   1. Amended · 50 U.S.C. § 3304(b)(2)

      Pub. L. 108–177, § 314(b), designated existing provisions as subpar. (A)

   2. Redesignated · 50 U.S.C. § 3304(b)(2)

      Pub. L. 108–177, § 314(b), redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively

   3. Substituted · 50 U.S.C. § 3304(b)(2)

      Pub. L. 108–177, § 314(b), substituted “7-day period” for “21-day period”

   4. Added · 50 U.S.C. § 3304(b)(2)

      Pub. L. 108–177, § 314(b), added subpar. (B)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (b) Notice and Wait Requirements for Emergency Projects.— Subsection (b)(2) of that section is amended— (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; (2) by inserting “(A)” after “(2) Report.—”; (3) by striking “21-day period” and inserting “7-day period”; and (4) by adding at the end the following new subparagraph: “(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 Central 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.” .

4. 2010

   Intelligence Authorization Act for Fiscal Year 2010

   Pub. L. 111–259 § 809(1) · 124 Stat. 2654

   Substituted · 50 U.S.C. § 3304(a)(2); 50 U.S.C. § 3304(b)(1); 50 U.S.C. § 3304(2)(A); 50 U.S.C. § 3304(a)(B)

   Pub. L. 111–259, § 809(1), (2)(A), (B), substituted “Director of National Intelligence” for “Director of Central Intelligence”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) in subsection (a), in paragraph (2), by striking “Director of Central Intelligence” and inserting “Director of National Intelligence”; and

5. 2010

   Intelligence Authorization Act for Fiscal Year 2010

   Pub. L. 111–259 § 809(2)(C) · 124 Stat. 2654

   Substituted · 50 U.S.C. § 3304(b)(3)

   Pub. L. 111–259, § 809(2)(C), substituted “Director of the Central Intelligence Agency” for “Director of Central Intelligence”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 111–259, § 809(2)(C), substituted “Director of the Central Intelligence Agency” for “Director of Central Intelligence”.

   Enacted provision · exact public law section
   (C) in paragraph (3), by striking “Director of Central Intelligence” and inserting “Director of the Central Intelligence Agency”.

6. 2017

   Energy and Water Development and Related Agencies Appropriations Act, 2017

   Pub. L. 115–31 div. N title III § 307 · 131 Stat. 135

   Substituted · 50 U.S.C. § 3304(a)(2)

   Pub. L. 115–31 substituted “project for the improvement, repair, or modification of” for “improvement project to”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 115–31 substituted “project for the improvement, repair, or modification of” for “improvement project to”.

   Enacted provision · exact public law section
   Sec. 307. (a) Of the unobligated balances available from amounts appropriated in the accounts and from the fiscal years specified in the “Final Bill” column in the “Department of Energy—Sec. 307.” table included under the heading “Title III—Department of Energy” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), $94,803,000 is hereby rescinded. (b) No amounts may be rescinded under subsection (a) from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

7. 2020

   Department of Homeland Security Appropriations Act, 2021

   Pub. L. 116–260 div. W title III § 309 · 134 Stat. 1182

   1. Substituted · 50 U.S.C. § 3304(a)(2)

      Pub. L. 116–260 substituted “$2,000,000” for “$1,000,000” in two places

   2. Substituted · 50 U.S.C. § 3304(a)(2)

      Pub. L. 116–260 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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 309. (a) Any balances of funds appropriated in any prior Act for activities funded by National Predisaster Mitigation Fund under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) (as in effect on the day before the date of enactment of section 1234 of division D of Public Law 115–254) may be transferred to and merged for all purposes with the funds set aside pursuant to subsection (i)(1) of section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), as in effect on the date of the enactment of this section. (b) The transfer authorized in subsection (a) may not occur until the Administrator of the Federal Emergency Management Agency submits to the Committees on Appropriations of the Senate and the House of Representatives a plan for the obligation of funds pursuant to such subsection (i)(1), including the criteria to be used for awarding grants and a process for tracking the obligation of such transferred funds.

8. 2022

   Energy and Water Development and Related Agencies Appropriations Act, 2022

   Pub. L. 117–103 div. X title III § 305 · 136 Stat. 49

   Substituted · 50 U.S.C. § 3304(a)

   Pub. L. 117–103 substituted “$6,000,000” for “$5,000,000” in pars. (1) and (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 117–103 substituted “$6,000,000” for “$5,000,000” in pars. (1) and (2).

   Enacted provision · exact public law section
   Sec. 305. Notwithstanding section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), upon a determination by the President in this fiscal year that a regional supply shortage of refined petroleum product of significant scope and duration exists, that a severe increase in the price of refined petroleum product will likely result from such shortage, and that a draw down and sale of refined petroleum product would assist directly and significantly in reducing the adverse impact of such shortage, the Secretary of Energy may draw down and sell refined petroleum product from the Strategic Petroleum Reserve. Proceeds from a sale under this section shall be deposited into the SPR Petroleum Account established in section 167 of the Energy Policy and Conservation Act (42 U.S.C. 6247), and such amounts shall be available for obligation, without fiscal year limitation, consistent with that section.

9. 2024

   Pub. L. 118–159 § 6902(d)(1) · 138 Stat. 2517

   Substituted · 50 U.S.C. § 3304(a)(1)

   Pub. L. 118–159, § 6902(d)(1), substituted “$9,000,000” for “$6,000,000”

   Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 118–159, § 6902(d)(1), substituted “$9,000,000” for “$6,000,000”.

10. 2024

    Pub. L. 118–159 § 6902(d)(2) · 138 Stat. 2517

    1. Substituted · 50 U.S.C. § 3304(a)(2)

       Pub. L. 118–159, § 6902(d)(2), substituted “$4,000,000” for “$2,000,000”

    2. Substituted · 50 U.S.C. § 3304(a)(2)

       Pub. L. 118–159, § 6902(d)(2), substituted “$9,000,000” for “$6,000,000”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    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”.

13 of 16 references resolved to an enrolled provision · 3 unresolved