§ 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—
(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
(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—
(c)
Application
This section shall not apply to any project which is subject to subsection (a)(1)(A) or (c) of section
601.