U.S. Code > Title 22 Foreign Relations and Intercourse > CHAPTER 68A—COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET UNION (§§ 5951—5965) > § 5960. Limitation on use of funds until certain permits obtained

§ 5960. Limitation on use of funds until certain permits obtained

(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 Cooperative Threat Reduction programs before obligating significant amounts of funding for that phase of the project.
(b) Use of funds for new construction projects
Except as provided in subsection (e) of this section, with respect to a new construction project to be carried out by the Department of Defense under Cooperative Threat Reduction programs, 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 of Defense—
(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) Identification of required permits for ongoing incomplete construction projects
With respect to an incomplete construction project carried out by the Department of Defense under Cooperative Threat Reduction programs, the Secretary shall identify all the permits that are required for the lifetime of the project not later than 120 days after November 24, 2003.
(d) Use of funds for certain incomplete construction projects
Except as provided in subsection (e) of this section, with respect to an incomplete construction project carried out by the Department of Defense under Cooperative Threat Reduction programs for which construction has not yet commenced as of November 24, 2003, 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 obtains from the State in which the project is located the permits required to commence construction on the project.
(e) Exception to limitations on use of funds
The limitation in subsection (b) or (d) of this section 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.
(f) Definitions
In this section, with respect to a project under Cooperative Threat Reduction programs:
(1) Incomplete construction project
The term “incomplete construction project” means a construction project for which funds have been obligated or expended before November 24, 2003, and which is not completed as of November 24, 2003.
(2) New construction project
The term “new construction project” means a construction project for which no funds have been obligated or expended as of November 24, 2003.
(3) Permit
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 in a state of the former Soviet Union in which the construction project is being or is proposed to be carried out.