Title 22 — Foreign Relations and IntercourseRelease 119-73

§8152 Application of national security exclusion to wide-area environmental sampling

Title 22 › Chapter CHAPTER 88— - NUCLEAR NON-PROLIFERATION TREATY—UNITED STATES ADDITIONAL PROTOCOL IMPLEMENTATION › Subchapter SUBCHAPTER V— - ENVIRONMENTAL SAMPLING › § 8152

Last updated Apr 6, 2026|Official source

Summary

Under Articles 1(b) and 9 of the Additional Protocol, the United States must not let the IAEA do wide-area environmental sampling at a specific U.S. site unless the President has made a finding and told the appropriate congressional committees. The President must say that the sampling is needed to help the IAEA detect undeclared nuclear activity in a non-nuclear-weapon State Party; that it will not give the IAEA access to places, actions, or information of direct national security importance; and that the United States either had a chance to consult if the IAEA asked for such access or the United States itself requested complementary access under Article 8.

Full Legal Text

Title 22, §8152

Foreign Relations and Intercourse — Source: USLM XML via OLRC

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.

Reference

Citations & Metadata

Citation

22 U.S.C. § 8152

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73