
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC403-2b]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 15--NATIONAL SECURITY
 
            SUBCHAPTER I--COORDINATION FOR NATIONAL SECURITY
 
Sec. 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 $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) 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

        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.

(Pub. L. 103-359, title VI, Sec. 602, Oct. 14, 1994, 108 Stat. 3432.)

                       References in Text

    Section 601, referred to in subsec. (c), means section 601 of Pub. 
L. 103-359, title VI, Oct. 14, 1994, 108 Stat. 3431, which is not 
classified to the Code.

                          Codification

    Section was enacted as part of the Intelligence Authorization Act 
for Fiscal Year 1995, and not as part of the National Security Act of 
1947 which comprises this chapter.


                               Definitions

    Section 604 of title VI of Pub. L. 103-359 provided that: ``As used 
in this title [enacting this section and provisions set out as a note 
under section 403-3 of this title]:
        ``(1) Intelligence committees.--The term `intelligence 
    committees' means the Permanent Select Committee on Intelligence of 
    the House of Representatives and the Select Committee on 
    Intelligence of the Senate.
        ``(2) Intelligence community.--The term `intelligence community' 
    has the same meaning given that term in section 3(4) of the National 
    Security Act of 1947 (50 U.S.C. 401a(4)).''
