NEPA national security waivers for intelligence community facilities

(a) In general Section 106 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336) is amended by adding at the end the following: (c) National security waivers (1) Definitions In this subsection: (A) Congressional intelligence committees The term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (B) Covered intelligence community elements The term covered intelligence community elements means the elements described in subparagraphs (A) through (K) of section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). (2) Process The President may waive the requirement of a covered intelligence community element to prepare an environmental document with respect to a proposed agency action if— (A) the President determines that a waiver of such requirement is necessary to protect the United States from a direct national security threat, as identified by the intelligence community; and (B) the proposed agency action is intended to advance the collection of foreign intelligence or support a covert action of which Congress was previously notified pursuant to section 503 of the National Security Act of 1947 (50 U.S.C. 3093). (3) Notification Before issuing a waiver under paragraph (2), the President shall submit to the congressional intelligence committees a notification that includes— (A) the covered intelligence community element for which the waiver is to be issued; (B) the proposed agency action for which the waiver is to be applied; (C) the purpose of the proposed agency action; and (D) a justification of how preparation of an environmental document for the proposed agency action would unduly affect the national security of the United States.. (b) Conforming amendments Section 106(a) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336(a)) is amended— (1) in paragraph (3), by striking or at the end; (2) in paragraph (4), by striking the period at the end and inserting; or; and (3) by adding at the end the following: (5) the President issues a waiver with respect to the proposed agency action under subsection (c)..