Title 50, War and National DefenseRelease 119-110

§3733 Limitation on Use of Funds Until Certain Permits Obtained

Title 50 › CHAPTER 48 — DEPARTMENT OF DEFENSE COOPERATIVE THREAT REDUCTION › SUBCHAPTER II — RESTRICTIONS AND LIMITATIONS › § 3733

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Defense must try to get all permits needed to finish each construction phase of a project in a state of the former Soviet Union before committing more than 40% of that phase’s total cost. For new construction projects (no funds committed or spent as of November 24, 2003), no more than 40% of the project’s total cost may be committed from Cooperative Threat Reduction funds in any fiscal year until the Secretary identifies what permits will be needed for the project’s life and gets from the host state any permits needed to start building. The 40% limit can be waived if the Secretary says it is necessary for the national interest and sends the congressional defense committees a notice with a full explanation. “Permit” means any local or national development, construction, environmental, land-use, or similar permit needed for major construction.

Full Legal Text

Title 50, §3733

War and National Defense, Source: USLM XML via OLRC

(a)In general

The Secretary of Defense shall seek to obtain all the permits required to complete each phase of construction of a project under the Program in a state of the former Soviet Union before obligating more than 40 percent of the total costs of that phase of the project.

(b)Use of funds for new construction projects

Except as provided in subsection (c), with respect to a new construction project to be carried out by the Program, not more than 40 percent of the total costs of the project may be obligated from Cooperative Threat Reduction funds for any fiscal year until the Secretary—

(1)determines the number and type of permits that may be required for the lifetime of the project in the proposed location or locations of the project; and

(2)obtains from the state in which the project is to be located any permits that may be required to begin construction.

(c)Exception to limitations on use of funds

The limitation in subsection (b) on the obligation of funds for a construction project otherwise covered by such subsection shall not apply with respect to the obligation of funds for a particular project if the Secretary—

(1)determines that it is necessary in the national interest to obligate funds for such project; and

(2)submits to the congressional defense committees a notification of the intent to obligate funds for such project, together with a complete discussion of the justification for doing so.

(d)Definitions

In this section, with respect to a project under the Program:

(1)The term “new construction project” means a construction project for which no funds have been obligated or expended as of November 24, 2003.

(2)The term “permit” means any local or national permit for development, general construction, environmental, land use, or other purposes that is required for purposes of major construction.

Reference

Citations & Metadata

Citation

50 U.S.C. § 3733

Title 50, War and National Defense

Last Updated

Sep 22, 2026

Release point: 119-110