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22 U.S.C. § 8153Application of national security exclusion to location-specific environmental sampling

submitted 20 years ago by Pub. L. 109-401 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 174 words · no verdicts yet

in plain englishAI-generated · not legal advice

The U.S. won't allow location-specific environmental sampling by the IAEA unless the President confirms three conditions are met. The sampling must help detect undeclared nuclear activity without exposing national-security information. The U.S. must also have consulted with, or requested action from, the IAEA.

Following Article 1(b) of the Additional Protocol, the United States will not permit any location-specific environmental sampling in the United States under Article 5 of the Additional Protocol, unless the President has determined and reported to the appropriate congressional committees that: (1) the proposed use of location-specific 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) with respect to that proposed use, the United States either: (A) has been given sufficient opportunity to consult with the IAEA, if the IAEA has requested complementary access involving location-specific 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 location-specific 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 location-specific environmental sampling in the United States under Article 5 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 location-specific 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 location-specific environmental sampling will not result in access by the IAEA to locations, activities, or information of direct national security significance; and

(3)

with respect to the proposed use of environmental sampling, the United States—

(A)

has been provided sufficient opportunity for consultation with the IAEA if the IAEA has requested complementary access involving location-specific 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 location-specific environmental sampling.

Source credit: (Pub. L. 109–401, title II, § 253, 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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