Title 22, Foreign Relations and IntercourseRelease 119-102

§8153 Application of National Security Exclusion to Location-specific Environmental Sampling

Title 22 › CHAPTER 88 — NUCLEAR NON-PROLIFERATION TREATY—UNITED STATES ADDITIONAL PROTOCOL IMPLEMENTATION › SUBCHAPTER V — ENVIRONMENTAL SAMPLING › § 8153

Last updated Aug 21, 2026|Official source

Summary

The President must tell Congress before the IAEA can do site-specific environmental sampling in the U.S. under Article 5. The President must say three things are met: the sampling is needed to help detect undeclared nuclear activity in a non-nuclear-weapon State Party; it will not give the IAEA access to U.S. sites, activities, or information of direct national security importance; and either the U.S. had a chance to consult if the IAEA asked for the sampling or the U.S. itself asked for the complementary access under Article 8.

Full Legal Text

Title 22, §8153

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 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.

Reference

Citations & Metadata

Citation

22 U.S.C. § 8153

Title 22, Foreign Relations and Intercourse

Last Updated

Aug 21, 2026

Release point: 119-102