---
kind: "section"
citation: "50 U.S.C. § 3733"
title: "50"
title_heading: "War and National Defense"
number: "3733"
heading: "Limitation on use of funds until certain permits obtained"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/50/3733"
units:
  - "Chapter 48 — Department of Defense Cooperative Threat Reduction"
  - "Subchapter II — Restrictions and Limitations"
---

# §3733. 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 the [Program](/usc/50/3701.md?p=3) 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)](#c), with respect to a new construction project to be carried out by the [Program](/usc/50/3701.md?p=3), not more than 40 percent of the total costs of the project may be obligated from [Cooperative Threat Reduction funds](/usc/50/3701.md?p=2) 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)](#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](/usc/50/3701.md?p=1) 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](/usc/50/3701.md?p=3):
  - (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.)