22 U.S.C. § 8123 — Consents, warrants, and complementary access

(a) In General. (1)(A) Consent — except in the urgent case described in paragraph (2), before entering a location for complementary access under sections 8121 and 8122, an appropriate U.S. government official must first seek, or have, the consent of the owner, operator, occupant, or agent in charge. That person may withhold consent for any reason, or no reason at all. (B) Administrative Search Warrant — if consent is withheld, the U.S. government may seek an administrative search warrant from a U.S. judge under subsection (b). These warrant proceedings are conducted ex parte (one-sided), unless the government requests otherwise. (2) Expedited Access — to satisfy U.S. obligations under Article 4b.(ii) of the Additional Protocol when notice of two hours or less is required, the U.S. government may gain entry to the location for complementary access without obtaining either a warrant or consent, to the extent that doing so stays consistent with the Fourth Amendment to the U.S. Constitution. (b) Administrative Search Warrants for Complementary Access. (1) Obtaining Warrants — for complementary access under the Additional Protocol that requires a warrant, the U.S. government must first obtain an administrative search warrant from a U.S. judge, and must give the judge all appropriate information about why that facility, site, or location was chosen. (2) Content of Affidavits — a judge must promptly issue the warrant based on an affidavit from the U.S. government that: (A) states the Additional Protocol is in force; (B) states the designated location is subject to complementary access under the Additional Protocol; (C) states the purpose of the access is consistent with Article 4 of the Additional Protocol; (D) states the requested access is in accordance with Article 4; (E) assures that the scope of what the IAEA may access and collect is limited to what Article 6 allows; (F) lists the items, documents, and areas to be searched and seized; (G) states the earliest start date, anticipated duration, and expected times of day for the access; and (H) states that the location was selected either (i) because there is probable cause, based on specific evidence, to believe required reporting about the location is incorrect or incomplete and the location contains evidence of that, or (ii) under a reasonable general administrative plan based on specific neutral criteria. (3) Content of Warrants — a warrant issued under paragraph (2) must specify the same matters required in the affidavit, plus the identities of the IAEA representatives on the complementary access team and the identities of the U.S. government representatives or designees required to display credentials under section 8122(c).