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50 U.S.C. § 3733 — Limitation on use of funds until certain permits obtained

submitted 12 years ago by Pub. L. 113-291 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 312 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section limits Cooperative Threat Reduction construction obligations before permits are obtained. It provides a national-interest exception and definitions.

(a) The Defense Secretary must seek every permit needed for each construction phase in a former Soviet state before obligating more than 40% of that phase’s cost. (b) For a new Program construction project, no more than 40% of total cost may be obligated in a fiscal year until the Secretary determines lifetime permit needs and obtains permits needed to begin construction. (c) The limit does not apply if the Secretary finds obligation necessary in the national interest and notifies congressional defense committees with a complete justification. (d) “New construction project” means one with no funds obligated or spent by November 24, 2003; “permit” means a local or national development, construction, environmental, land-use, or other permit required for major construction. This section does not further define these terms.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 113–291, div. A, title XIII, § 1333, Dec. 19, 2014, 128 Stat. 3602.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-291 · 128 Stat. 3602

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-291 on 2014-12-19.

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