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Title 22 — Foreign Relations and Intercourse

Chapter 88 — Nuclear Non-Proliferation Treaty—United States Additional Protocol Implementation

§ 8102. Definitions

Statutory text

In this chapter:

(1)

Additional protocol

The term “Additional Protocol”, when used in the singular form, means the Protocol Additional to the Agreement between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America, with Annexes, signed at Vienna (T. Doc. 107–7).

(2)

Appropriate congressional committees

The term “appropriate congressional committees” means the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate and the Committee on Armed Services, the Committee on International Relations, the Committee on Science, and the Committee on Appropriations of the House of Representatives.

(3)

Complementary access

The term “complementary access” means the exercise of the IAEA’s access rights as set forth in Articles 4 to 6 of the Additional Protocol.

(4)

Executive agency

The term “executive agency” has the meaning given such term in section 105 of title 5.

(5)

Facility

The term “facility” has the meaning set forth in Article 18i. of the Additional Protocol.

(6)

IAEA

The term “IAEA” means the International Atomic Energy Agency.

(7)

Judge of the United States

The term “judge of the United States” means a United States district judge, or a United States magistrate judge appointed under the authority of chapter 43 of title 28.

(8)

Location

The term “location” means any geographic point or area declared or identified by the United States or specified by the International Atomic Energy Agency.

(9)

Nuclear Non-Proliferation Treaty

The term “Nuclear Non-Proliferation Treaty” means the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow , and entered into force (21 UST 483).

(10)

Nuclear-weapon State Party and non-nuclear-weapon State Party

The terms “nuclear-weapon State Party” and “non-nuclear-weapon State Party” have the meanings given such terms in the Nuclear Non-Proliferation Treaty.

(11)

Person

The term “person”, except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality, or political subdivision of any such government or nation, or other entity located in the United States.

(12)

Site

The term “site” has the meaning set forth in Article 18b. of the Additional Protocol.

(13)

United States

The term “United States”, when used as a geographic reference, means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States and includes all places under the jurisdiction or control of the United States, including—

(A)

the territorial sea and the overlying airspace;

(B)

any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs (17) and (41), respectively, of section 40102(a) of title 49; and

(C)

any vessel of the United States, as such term is defined in section 70502(b) of title 46.

(14)

Wide-area environmental sampling

The term “wide-area environmental sampling” has the meaning set forth in Article 18g. of the Additional Protocol.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. United States Additional Protocol Implementation Act

    Pub. L. 109–401 title II § 203 · 120 Stat. 2726

    Enacted · 22 U.S.C. § 8102

    (Pub. L. 109–401, title II, § 203, Dec. 18, 2006, 120 Stat. 2742.)

    Source evidence

    Code source credit
    (Pub. L. 109–401, title II, § 203, Dec. 18, 2006, 120 Stat. 2742.)

    Enacted provision · exact public law section
    SEC. 203. DEFINITIONS.   In this title: (1) Additional protocol.— The term “Additional Protocol”, when used in the singular form, means the Protocol Additional to the Agreement between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America, with Annexes, signed at Vienna June 12, 1998 (T. Doc. 107–7). (2) Appropriate congressional committees.— The term “appropriate congressional committees” means the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate and the Committee on Armed Services, the Committee on International Relations, the Committee on Science, and the Committee on Appropriations of the House of Representatives. (3) Complementary access.— The term “complementary access” means the exercise of the IAEA’s access rights as set forth in Articles 4 to 6 of the Additional Protocol. (4) Executive agency.— The term “executive agency” has the meaning given such term in section 105 of title 5, United States Code. (5) Facility.— The term “facility” has the meaning set forth in Article 18i. of the Additional Protocol. (6) IAEA.— The term “IAEA” means the International Atomic Energy Agency. (7) Judge of the united states.— The term “judge of the United States” means a United States district judge, or a United States magistrate judge appointed under the authority of chapter 43 of title 28, United States Code. (8) Location.— The term “location” means any geographic point or area declared or identified by the United States or specified by the International Atomic Energy Agency. (9) Nuclear non-proliferation treaty.— The term “Nuclear Non-Proliferation Treaty” means the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (21 UST 483). (10) Nuclear-weapon state party and non-nuclear-weapon state party.— The terms “nuclear-weapon State Party” and “non-nuclear-weapon State Party” have the meanings given such terms in the Nuclear Non-Proliferation Treaty. (11) Person.— The term “person”, except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality, or political subdivision of any such government or nation, or other entity located in the United States. (12) Site.— The term “site” has the meaning set forth in Article 18b. of the Additional Protocol. (13) United states.— The term “United States”, when used as a geographic reference, means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States and includes all places under the jurisdiction or control of the United States, including— (A) the territorial sea and the overlying airspace; (B) any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs (17) and (41), respectively, of section 40102(a) of title 49, United States Code; and (C) any vessel of the United States, as such term is defined in section 3(b) of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903(b)). (14) Wide-area environmental sampling.— The term “wide-area environmental sampling” has the meaning set forth in Article 18g. of the Additional Protocol.

1 of 1 references resolved to an enrolled provision

Editorial Notes

Codification

In par. (13)(C), “section 70502(b) of title 46” substituted for “section 3(b) of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903(b))” on authority of Pub. L. 109–304, § 18(c), , 120 Stat. 1709, which Act enacted section 70502 of Title 46, Shipping.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives and Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, . Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, .

Credits

(Pub. L. 109–401, title II, § 203, , 120 Stat. 2742.)

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