Title 22, Foreign Relations and IntercourseRelease 119-102

§8152 Application of National Security Exclusion to Wide-area Environmental Sampling

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

Last updated Aug 21, 2026|Official source

Summary

Under Article 1(b) of the Additional Protocol, the President must not allow the IAEA to do wide-area environmental sampling at any specified site in the United States under Article 9 unless the President tells the relevant congressional committees three things. First, the sampling is needed to help the IAEA find undeclared nuclear activities in the territory of a non-nuclear-weapon State Party. Second, the sampling will not give the IAEA access to locations, activities, or information that are directly important to U.S. national security. Third, either the United States had a chance to consult with the IAEA if the IAEA asked for complementary access that includes wide-area sampling, or the United States itself asked the IAEA for such 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

Aug 21, 2026

Release point: 119-102