1. (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.

2. (b) Use of funds for new construction projects Except as provided in subsection (e), 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. (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. (2) obtains from the State in which the project is to be located any permits that may be required to begin construction.
3. (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.
4. (d) Use of funds for certain incomplete construction projects Except as provided in subsection (e), 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.

5. (e) Exception to limitations on use of funds The limitation in subsection (b) or (d) 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. (1) determines that it is necessary in the national interest to obligate funds for such project; and
   2. (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.

6. (f) Definitions In this section, with respect to a project under Cooperative Threat Reduction programs:

   1. (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. (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. (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.

(Pub. L. 108–136, div. A, title XIII, § 1303, Nov. 24, 2003, 117 Stat. 1659.)

Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2004, and not as part of the Cooperative Threat Reduction Act of 1993 which comprises this chapter.

Definition of Cooperative Threat Reduction Programs for Purposes of Pub. L. 108–136

Pub. L. 108–136, div. A, title XIII, § 1301(a), Nov. 24, 2003, 117 Stat. 1657, provided that:

“For purposes of section 301 [

117 Stat. 1426] and other provisions of this Act [see Tables for classification], Cooperative Threat Reduction programs are the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (

Public Law 104–201;

110 Stat. 2731;

50 U.S.C. 2362 note).”

“Congressional Defense Committees” defined

Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 108–136, Nov. 24, 2003, 117 Stat. 1406. See note under section 101 of Title 10, Armed Forces.