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22 U.S.C. § 8102Definitions

submitted 20 years ago by Pub. L. 109-401 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 518 words · no verdicts yet

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This section defines key terms used in the law implementing the U.S.-IAEA Additional Protocol, like "IAEA," "facility," "location," and "person." It also defines "United States" broadly to include territories, aircraft, and vessels. These definitions set the scope for nuclear inspection and reporting rules.

In this chapter: (1) "Additional Protocol" (used alone) means the specific protocol the United States and the International Atomic Energy Agency signed at Vienna on June 12, 1998, along with its Annexes. (2) "Appropriate congressional committees" means the Senate Committees on Armed Services, Foreign Relations, and Appropriations, plus the House Committees on Armed Services, International Relations, Science, and Appropriations. (3) "Complementary access" means the IAEA using its access rights under Articles 4 through 6 of the Additional Protocol. (4) "Executive agency" has the same meaning as in section 105 of title 5. (5) "Facility" has the meaning given in Article 18i of the Additional Protocol. (6) "IAEA" means the International Atomic Energy Agency. (7) "Judge of the United States" means a U.S. district judge or a U.S. magistrate judge appointed under chapter 43 of title 28. (8) "Location" means any geographic point or area that the United States declares or identifies, or that the IAEA specifies. (9) "Nuclear Non-Proliferation Treaty" means the treaty signed in Washington, London, and Moscow on July 1, 1968, and in force since March 5, 1970. (10) "Nuclear-weapon State Party" and "non-nuclear-weapon State Party" mean whatever those terms mean under the Nuclear Non-Proliferation Treaty itself. (11) "Person" — unless stated otherwise — means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any state or one of its political subdivisions, any political entity within a state, any foreign government or nation, or any of their agencies, instruments, or subdivisions, or any other entity located in the United States. (12) "Site" has the meaning given in Article 18b of the Additional Protocol. (13) "United States," as a geographic term, means the states, the District of Columbia, and U.S. commonwealths, territories, and possessions. It also includes every place under U.S. jurisdiction or control, such as: (A) the territorial sea and the airspace above it; (B) any U.S. civil aircraft or public aircraft, as those terms are defined in title 49; and (C) any U.S. vessel, as defined in title 46. (14) "Wide-area environmental sampling" has the meaning given in Article 18g of the Additional Protocol.
the actual law source: uscode.house.gov ↗public domain

In this chapter:

(1) Additional protocol

The term “Additional Protocol”, when used in the singular form, means the Protocol Additional to the Agreement between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America, with Annexes, signed at Vienna June 12, 1998 (T. Doc. 107–7).

(2) Appropriate congressional committees

The term “appropriate congressional committees” means the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate and the Committee on Armed Services, the Committee on International Relations, the Committee on Science, and the Committee on Appropriations of the House of Representatives.

(3) Complementary access

The term “complementary access” means the exercise of the IAEA’s access rights as set forth in Articles 4 to 6 of the Additional Protocol.

(4) Executive agency

The term “executive agency” has the meaning given such term in section 105 of title 5.

(5) Facility

The term “facility” has the meaning set forth in Article 18i. of the Additional Protocol.

(6) IAEA

The term “IAEA” means the International Atomic Energy Agency.

(7) Judge of the United States

The term “judge of the United States” means a United States district judge, or a United States magistrate judge appointed under the authority of chapter 43 of title 28.

(8) Location

The term “location” means any geographic point or area declared or identified by the United States or specified by the International Atomic Energy Agency.

(9) Nuclear Non-Proliferation Treaty

The term “Nuclear Non-Proliferation Treaty” means the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (21 UST 483).

(10) Nuclear-weapon State Party and non-nuclear-weapon State Party

The terms “nuclear-weapon State Party” and “non-nuclear-weapon State Party” have the meanings given such terms in the Nuclear Non-Proliferation Treaty.

(11) Person

The term “person”, except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality, or political subdivision of any such government or nation, or other entity located in the United States.

(12) Site

The term “site” has the meaning set forth in Article 18b. of the Additional Protocol.

(13) United States

The term “United States”, when used as a geographic reference, means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States and includes all places under the jurisdiction or control of the United States, including—

(A)

the territorial sea and the overlying airspace;

(B)

any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs (17) and (41), respectively, of section 40102(a) of title 49; and

(C)

any vessel of the United States, as such term is defined in section 70502(b) of title 46.

(14) Wide-area environmental sampling

The term “wide-area environmental sampling” has the meaning set forth in Article 18g. of the Additional Protocol.

Source credit: (Pub. L. 109–401, title II, § 203, Dec. 18, 2006, 120 Stat. 2742.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-401 · 120 Stat. 2742

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-401 on 2006-12-18.

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