50 U.S.C. § 403-2b : US Code - Section 403-2B: Limitation on construction of facilities to be used primarily by intelligence community

Search 50 U.S.C. § 403-2b : US Code - Section 403-2B: Limitation on construction of facilities to be used primarily by intelligence community

(a) In general
(1) In general
Except as provided in subsection (b) of this section, 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 $5,000,000 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) 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 $1,000,000 but less than $5,000,000, or where any
improvement project to such a facility has an estimated Federal
cost greater than $1,000,000, 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) of this section 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
(A) 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 (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 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.
(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.