10 U.S.C. § 2565: Nuclear test monitoring…

Summary

The Secretary of Defense may give or transfer ownership of equipment that watches for nuclear test explosions, and related gear, to a foreign government. The Secretary may install that equipment on foreign land or in international waters and may inspect, test, maintain, repair, or replace it. The gear can be provided only under a written agreement in which the foreign government agrees to give the United States timely access to the equipment’s data and to allow U.S. access to inspect and service the equipment. After making any such agreement, the Secretary of Defense must promptly send Congress a report naming the country, the expected costs to the United States, and the U.S. national interest served. The Secretary may only delegate this authority to the Secretary of the Air Force, who may redelegate it.

Title 10, §2565

Armed Forces, Source: USLM XML via OLRC

(a)Authority To Transfer Title to or Otherwise Provide Nuclear Test Monitoring Equipment.—

Subject to subsection (b), the Secretary of Defense may—

(1)transfer title or otherwise provide to a foreign government (A) equipment for the monitoring of nuclear test explosions, and (B) associated equipment;

(2)as part of any such conveyance or provision of equipment, install such equipment on foreign territory or in international waters; and

(3)inspect, test, maintain, repair, or replace any such equipment.

(b)Agreement Required.—

Nuclear test explosion monitoring equipment may be provided to a foreign government under subsection (a) only pursuant to the terms of an agreement between the United States and the foreign government receiving the equipment in which the recipient foreign government agrees—

(1)to provide the United States with timely access to the data produced, collected, or generated by the equipment; and

(2)to permit the Secretary of Defense to take such measures as the Secretary considers necessary to inspect, test, maintain, repair, or replace that equipment, including access for purposes of such measures.

(c)Report.—

Promptly after entering into any agreement under subsection (b), the Secretary of Defense shall submit to Congress a report on the agreement. The report shall identify the country with which the agreement was made, the anticipated costs to the United States to be incurred under the agreement, and the national interest of the United States that is furthered by the agreement.

(d)Limitation on Delegation.—

The Secretary of Defense may delegate the authority of the Secretary to carry out this section only to the Secretary of the Air Force. Such a delegation may be redelegated.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2001—Pub. L. 107–107, § 1201(a)(1), renumbered section 2555 of this title as this section. Subsec. (a). Pub. L. 107–107, § 1201(b)(1)(A), substituted “Transfer Title to or Otherwise” for “Convey or” in heading. Subsec. (a)(1). Pub. L. 107–107, § 1201(b)(1)(B), substituted “transfer title” for “convey” and struck out “and” after semicolon at end. Subsec. (a)(3). Pub. L. 107–107, § 1201(b)(1)(C), (D), added par. (3). Subsec. (b). Pub. L. 107–107, § 1201(b)(2)(A), substituted “provided to a foreign government” for “conveyed or otherwise provided” in introductory provisions. Subsec. (b)(1). Pub. L. 107–107, § 1201(b)(2)(B), inserted “and” after semicolon at end. Subsec. (b)(2). Pub. L. 107–107, § 1201(b)(2)(C), substituted a period for “; and” at end. Subsec. (b)(3). Pub. L. 107–107, § 1201(b)(2)(D), struck out par. (3) which read as follows: “to return such equipment to the United States (or allow the United States to recover such equipment) if either party determines that the agreement no longer serves its interests.”

§2565 Nuclear Test Monitoring Equipment: Furnishing to Foreign Governments

Summary

Title 10, §2565

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata