§ 2565. Nuclear test monitoring equipment: furnishing to foreign governments

Statutory text

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

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

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

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

inspect, test, maintain, repair, or replace any such equipment.

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—

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

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.

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.

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2000
Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Enacted · 10 U.S.C. § 2565
Added Pub. L. 106–398, § 1 [[div. A], title XII, § 1203(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–324, § 2555
Source evidence
Code source credit
Added Pub. L. 106–398, § 1 [[div. A], title XII, § 1203(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–324, § 2555
Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.
2001
National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 1201(a)(1) · 115 Stat. 1012
Changed · 10 U.S.C. § 2565
Pub. L. 107–107, § 1201(a)(1), renumbered section 2555 of this title as this section
Source evidence
Code amendment note
Pub. L. 107–107, § 1201(a)(1), renumbered section 2555 of this title as this section.
Enacted provision · exact public law section
(1) The second section 2555 of title 10, United States Code, added by section 1203(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A-324), is redesignated as section 2565.
2001
National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 1201(b)(1)(A) · 115 Stat. 1012
Substituted · 10 U.S.C. § 2565(a)
Pub. L. 107–107, § 1201(b)(1)(A), substituted “Transfer Title to or Otherwise” for “Convey or” in heading
Source evidence
Code amendment note
Subsec. (a). Pub. L. 107–107, § 1201(b)(1)(A), substituted “Transfer Title to or Otherwise” for “Convey or” in heading.
Enacted provision · exact public law section
(A) by striking “Convey or” in the subsection heading and inserting “Transfer Title to or Otherwise”;
2001
National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 1201(b)(1)(B) · 115 Stat. 1012
1. Substituted · 10 U.S.C. § 2565(a)(1)
  Pub. L. 107–107, § 1201(b)(1)(B), substituted “transfer title” for “convey”
2. Struck · 10 U.S.C. § 2565(a)(1)
  Pub. L. 107–107, § 1201(b)(1)(B), struck out “and” after semicolon at end
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 107–107, § 1201(b)(1)(B), substituted “transfer title” for “convey” and struck out “and” after semicolon at end.
Enacted provision · exact public law section
(B) in paragraph (1)— (i) by striking “convey” and inserting “transfer title”; and (ii) by striking “and” at the end;
2001
National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 1201(b)(1)(C) · 115 Stat. 1012
Added · 10 U.S.C. § 2565(a)(3)
Pub. L. 107–107, § 1201(b)(1)(C), (D), added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 107–107, § 1201(b)(1)(C), (D), added par. (3).
Enacted provision · exact public law section
(C) by striking the period at the end of paragraph (2) and inserting “; and”; and
2001
National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 1201(b)(2)(A) · 115 Stat. 1012
Substituted · 10 U.S.C. § 2565(b)
Pub. L. 107–107, § 1201(b)(2)(A), substituted “provided to a foreign government” for “conveyed or otherwise provided” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 107–107, § 1201(b)(2)(A), substituted “provided to a foreign government” for “conveyed or otherwise provided” in introductory provisions.
Enacted provision · exact public law section
(A) by striking “conveyed or otherwise provided” and inserting “provided to a foreign government”;
2001
National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 1201(b)(2)(B) · 115 Stat. 1012
Inserted · 10 U.S.C. § 2565(b)(1)
Pub. L. 107–107, § 1201(b)(2)(B), inserted “and” after semicolon at end
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 107–107, § 1201(b)(2)(B), inserted “and” after semicolon at end.
Enacted provision · exact public law section
(B) by inserting “and” at the end of paragraph (1);
2001
National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 1201(b)(2)(C) · 115 Stat. 1012
Substituted · 10 U.S.C. § 2565(b)(2)
Pub. L. 107–107, § 1201(b)(2)(C), substituted a period for “; and” at end
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 107–107, § 1201(b)(2)(C), substituted a period for “; and” at end.
Enacted provision · exact public law section
(C) by striking “; and” at the end of paragraph (2) and inserting a period; and
2001
National Defense Authorization Act for Fiscal Year 2002
Pub. L. 107–107 § 1201(b)(2)(D) · 115 Stat. 1012
Struck · 10 U.S.C. § 2565(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.”
Source evidence
Code amendment note
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.”
Enacted provision · exact public law section
(D) by striking paragraph (3).

10 of 10 references resolved to an enrolled provision

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.”

Credits

2000–2001 · 2 acts

2000Added Pub. L. 106–398, § 1 [[div. A], title XII, § 1203(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–324, § 2555
2001renumbered § 2565 and amended Pub. L. 107–107, div. A, title XII, § 1201(a)(1), (b), Dec. 28, 2001, 115 Stat. 1245.

Show as published

(Added Pub. L. 106–398, § 1 [[div. A], title XII, § 1203(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–324, § 2555; renumbered § 2565 and amended Pub. L. 107–107, div. A, title XII, § 1201(a)(1), (b), Dec. 28, 2001, 115 Stat. 1245.)