H. R. 5682—23
head of the designated executive agency shall initiate a 
hearing on the violation. 
(B) CONDUCT OF HEARING.—Any hearing so requested 
shall be conducted before an administrative judge. The 
hearing shall be conducted in accordance with the require-
ments of section 554 of title 5, United States Code. If 
no hearing is so requested, the order imposed by the head 
of the designated agency shall constitute a final agency 
action. 
(C) ISSUANCE OF ORDERS.—If the administrative judge 
determines, upon the preponderance of the evidence 
received, that a person named in the complaint has violated 
section 224 or section 241, the administrative judge shall 
state the findings of fact and conclusions of law, and issue 
and serve on such person an order described in paragraph 
(1). 
(D) 
FACTORS
FOR
DETERMINATION
OF
PENALTY 
AMOUNTS.—In determining the amount of any civil penalty, 
the administrative judge or the head of the designated 
agency shall take into account the nature, circumstances, 
extent, and gravity of the violation or violations and, with 
respect to the violator, the ability to pay, effect on ability 
to continue to do business, any history of such violations, 
the degree of culpability, the existence of an internal 
compliance program, and such other matters as justice 
may require. 
(E) CONTENT
OF
NOTICE.—For the purposes of this 
paragraph, notice shall be in writing and shall be verifiably 
served upon the person or persons subject to an order 
described in paragraph (1). In addition, the notice shall—
(i) set forth the time, date, and specific nature 
of the alleged violation or violations; and 
(ii) specify the administrative and judicial rem-
edies available to the person or persons subject to 
the order, including the availability of a hearing and 
subsequent appeal. 
(3) ADMINISTRATIVE APPELLATE REVIEW.—The decision and 
order of an administrative judge shall be the recommended 
decision and order and shall be referred to the head of the 
designated executive agency for final decision and order. If, 
within 60 days, the head of the designated executive agency 
does not modify or vacate the decision and order, it shall 
become a final agency action under this subsection. 
(4) JUDICIAL REVIEW.—A person adversely affected by a 
final order may, within 30 days after the date the final order 
is issued, file a petition in the Court of Appeals for the District 
of Columbia Circuit or in the Court of Appeals for the district 
in which the violation occurred. 
(5) ENFORCEMENT OF FINAL ORDERS.—
(A) IN GENERAL.—If a person fails to comply with a 
final order issued against such person under this subsection 
and—
(i) the person has not filed a petition for judicial 
review of the order in accordance with paragraph (4), 
or
H. R. 5682—24
(ii) a court in an action brought under paragraph 
(4) has entered a final judgment in favor of the des-
ignated executive agency, 
the head of the designated executive agency shall com-
mence a civil action to seek compliance with the final 
order in any appropriate district court of the United States. 
(B) NO REVIEW.—In any such civil action, the validity 
and appropriateness of the final order shall not be subject 
to review. 
(C) INTEREST.—Payment of penalties assessed in a final 
order under this section shall include interest at currently 
prevailing rates calculated from the date of expiration of 
the 60-day period referred to in paragraph (3) or the date 
of such final order, as the case may be. 
(b) CRIMINAL.—Any person who violates section 224 or section 
241 may, in addition to or in lieu of any civil penalty which 
may be imposed under subsection (a) for such violation, be fined 
under title 18, United States Code, imprisoned for not more than 
five years, or both. 
SEC. 243. SPECIFIC ENFORCEMENT. 
(a) JURISDICTION.—The district courts of the United States 
shall have jurisdiction over civil actions brought by the head of 
an executive agency designated under section 211(a)—
(1) to restrain any conduct in violation of section 224 or 
section 241; or 
(2) to compel the taking of any action required by or under 
this title or the Additional Protocol. 
(b) CIVIL ACTIONS.—
(1) IN
GENERAL.—A civil action described in subsection 
(a) may be brought—
(A) in the case of a civil action described in paragraph 
(1) of such subsection, in the United States district court 
for the judicial district in which any act, omission, or 
transaction constituting a violation of section 224 or section 
241 occurred or in which the defendant is found or trans-
acts business; or 
(B) in the case of a civil action described in paragraph 
(2) of such subsection, in the United States district court 
for the judicial district in which the defendant is found 
or transacts business. 
(2) SERVICE OF PROCESS.—In any such civil action, process 
shall be served on a defendant wherever the defendant may 
reside or may be found. 
Subtitle E—Environmental Sampling 
SEC. 251. NOTIFICATION TO CONGRESS OF IAEA BOARD APPROVAL 
OF WIDE-AREA ENVIRONMENTAL SAMPLING. 
(a) IN GENERAL.—Not later than 30 days after the date on 
which the Board of Governors of the IAEA approves wide-area 
environmental sampling for use as a safeguards verification tool, 
the President shall notify the appropriate congressional committees. 
(b) CONTENT.—The notification under subsection (a) shall con-
tain—
H. R. 5682—25
(1) a description of the specific methods and sampling 
techniques approved by the Board of Governors that are to 
be employed for purposes of wide-area sampling; 
(2) a statement as to whether or not such sampling may 
be conducted in the United States under the Additional Pro-
tocol; and 
(3) an assessment of the ability of the approved methods 
and sampling techniques to detect, identify, and determine 
the conduct, type, and nature of nuclear activities. 
SEC. 252. APPLICATION OF NATIONAL SECURITY EXCLUSION TO WIDE-
AREA ENVIRONMENTAL SAMPLING. 
In accordance with Article 1(b) of the Additional Protocol, the 
United States shall not permit any wide-area environmental sam-
pling 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 con-
sultation with the IAEA if the IAEA has requested com-
plementary access involving wide-area environmental sam-
pling; 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. 
SEC. 253. APPLICATION OF NATIONAL SECURITY EXCLUSION TO LOCA-
TION-SPECIFIC ENVIRONMENTAL SAMPLING. 
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 sam-
pling 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 sam-
pling will not result in access by the IAEA to locations, activi-
ties, or information of direct national security significance; and 
(3) with respect to the proposed use of environmental sam-
pling, the United States—
(A) has been provided sufficient opportunity for con-
sultation with the IAEA if the IAEA has requested com-
plementary access involving location-specific environmental 
sampling; or
H. R. 5682—26
(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. 
SEC. 254. RULE OF CONSTRUCTION. 
As used in this subtitle, the term ‘‘necessary to increase the 
capability of the IAEA to detect undeclared nuclear activities in 
the territory of a non-nuclear-weapon State Party’’ shall not be 
construed to encompass proposed uses of environmental sampling 
that might assist the IAEA in detecting undeclared nuclear activi-
ties in the territory of a non-nuclear-weapon State Party by—
(1) setting a good example of cooperation in the conduct 
of such sampling; or 
(2) facilitating the formation of a political consensus or 
political support for such sampling in the territory of a non-
nuclear-weapon State Party. 
Subtitle F—Protection of National Security 
Information and Activities 
SEC. 261. PROTECTION OF CERTAIN INFORMATION. 
(a) LOCATIONS AND FACILITIES OF DIRECT NATIONAL SECURITY 
SIGNIFICANCE.—No current or former Department of Defense or 
Department of Energy location, site, or facility of direct national 
security significance shall be declared or be subject to IAEA inspec-
tion under the Additional Protocol. 
(b) INFORMATION
OF
DIRECT
NATIONAL
SECURITY
SIGNIFI-
CANCE.—No information of direct national security significance 
regarding any location, site, or facility associated with activities 
of the Department of Defense or the Department of Energy shall 
be provided under the Additional Protocol. 
(c) RESTRICTED DATA.—Nothing in this title shall be construed 
to permit the communication or disclosure to the IAEA or IAEA 
employees of restricted data controlled by the provisions of the 
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), including 
in particular ‘‘Restricted Data’’ as defined under paragraph (1) 
of section 11 y. of such Act (42 U.S.C. 2014(y)). 
(d) CLASSIFIED INFORMATION.—Nothing in this Act shall be 
construed to permit the communication or disclosure to the IAEA 
or IAEA employees of national security information and other classi-
fied information. 
SEC. 262. IAEA INSPECTIONS AND VISITS. 
(a) 
CERTAIN
INDIVIDUALS
PROHIBITED
FROM
OBTAINING 
ACCESS.—No national of a country designated by the Secretary 
of State under section 620A of the Foreign Assistance Act of 1961 
(22 U.S.C. 2371) as a government supporting acts of international 
terrorism shall be permitted access to the United States to carry 
out an inspection activity under the Additional Protocol or a related 
safeguards agreement. 
(b) PRESENCE OF UNITED STATES GOVERNMENT PERSONNEL.—
IAEA inspectors shall be accompanied at all times by United States 
Government personnel when inspecting sites, locations, facilities, 
or activities in the United States under the Additional Protocol.
H. R. 5682—27
(c) VULNERABILITY AND RELATED ASSESSMENTS.—The President 
shall conduct vulnerability, counterintelligence, and related assess-
ments not less than every 5 years to ensure that information 
of direct national security significance remains protected at all 
sites, locations, facilities, and activities in the United States that 
are subject to IAEA inspection under the Additional Protocol. 
Subtitle G—Reports 
SEC. 271. REPORT ON INITIAL UNITED STATES DECLARATION. 
Not later than 60 days before submitting the initial United 
States declaration to the IAEA under the Additional Protocol, the 
President shall submit to Congress a list of the sites, locations, 
facilities, and activities in the United States that the President 
intends to declare to the IAEA, and a report thereon. 
SEC. 272. REPORT ON REVISIONS TO INITIAL UNITED STATES DEC-
LARATION. 
Not later than 60 days before submitting to the IAEA any 
revisions to the United States declaration submitted under the 
Additional Protocol, the President shall submit to Congress a list 
of any sites, locations, facilities, or activities in the United States 
that the President intends to add to or remove from the declaration, 
and a report thereon. 
SEC. 273. CONTENT OF REPORTS ON UNITED STATES DECLARATIONS. 
The reports required under section 271 and section 272 shall 
present the reasons for each site, location, facility, and activity 
being declared or being removed from the declaration list and 
shall certify that—
(1) each site, location, facility, and activity included in 
the list has been examined by each agency with national secu-
rity equities with respect to such site, location, facility, or 
activity; and 
(2) appropriate measures have been taken to ensure that 
information of direct national security significance will not 
be compromised at any such site, location, facility, or activity 
in connection with an IAEA inspection. 
SEC. 274. REPORT ON EFFORTS TO PROMOTE THE IMPLEMENTATION 
OF ADDITIONAL PROTOCOLS. 
Not later than 180 days after the entry into force of the Addi-
tional Protocol, the President shall submit to the appropriate 
congressional committees a report on—
(1) measures that have been or should be taken to achieve 
the adoption of additional protocols to existing safeguards 
agreements signed by non-nuclear-weapon State Parties; and 
(2) assistance that has been or should be provided by 
the United States to the IAEA in order to promote the effective 
implementation of additional protocols to existing safeguards 
agreements signed by non-nuclear-weapon State Parties and 
the verification of the compliance of such parties with IAEA 
obligations, with a plan for providing any needed additional 
funding.
H. R. 5682—28
SEC. 275. NOTICE OF IAEA NOTIFICATIONS. 
The President shall notify Congress of any notifications issued 
by the IAEA to the United States under Article 10 of the Additional 
Protocol. 
Subtitle H—Authorization of 
Appropriations 
SEC. 281. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as may 
be necessary to carry out this title.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.