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22 U.S.C. § 8152Application of national security exclusion to wide-area environmental sampling

submitted 20 years ago by Pub. L. 109-401 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 176 words · no verdicts yet

in plain englishAI-generated · not legal advice

The U.S. won't allow wide-area environmental sampling by the IAEA unless the President confirms it meets three conditions. The sampling must be needed to detect undeclared nuclear activity and must not expose national-security information. The U.S. must also have consulted with, or asked, the IAEA.

Following Article 1(b) of the Additional Protocol, the United States will not permit any wide-area environmental sampling proposed by the IAEA at a specified U.S. location under Article 9 of the Additional Protocol, unless the President has determined and reported to the appropriate congressional committees that: (1) the proposed use of wide-area environmental sampling is necessary to increase the IAEA's capability to detect undeclared nuclear activities in a non-nuclear-weapon State Party's territory; (2) the proposed use will not give the IAEA access to locations, activities, or information of direct national security significance; and (3) the United States either: (A) has been given sufficient opportunity to consult with the IAEA, if the IAEA has requested complementary access involving wide-area environmental sampling; or (B) has itself requested, under Article 8 of the Additional Protocol, that the IAEA engage in complementary access in the United States involving wide-area environmental sampling.
the actual law source: uscode.house.gov ↗public domain

In accordance with Article 1(b) of the Additional Protocol, the United States shall not permit any wide-area environmental sampling proposed by the IAEA to be conducted at a specified location in the United States under Article 9 of the Additional Protocol unless the President has determined and reported to the appropriate congressional committees with respect to that proposed use of environmental sampling that—

(1)

the proposed use of wide-area environmental sampling is necessary to increase the capability of the IAEA to detect undeclared nuclear activities in the territory of a non-nuclear-weapon State Party;

(2)

the proposed use of wide-area environmental sampling will not result in access by the IAEA to locations, activities, or information of direct national security significance; and

(3)

the United States—

(A)

has been provided sufficient opportunity for consultation with the IAEA if the IAEA has requested complementary access involving wide-area environmental sampling; or

(B)

has requested under Article 8 of the Additional Protocol that the IAEA engage in complementary access in the United States that involves the use of wide-area environmental sampling.

Source credit: (Pub. L. 109–401, title II, § 252, Dec. 18, 2006, 120 Stat. 2750.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-401 · 120 Stat. 2750

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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