H. R. 5682—19
limited to the Department of State, the Department of Defense, 
the Department of Justice, the Department of Commerce, the 
Department of Energy, and the Nuclear Regulatory Commission, 
shall issue or amend and enforce regulations in order to implement 
this title and the provisions of the Additional Protocol. 
(b) INCLUDED AUTHORITY.—For any executive agency des-
ignated under subsection (a) that does not currently possess the 
authority to conduct site vulnerability assessments and related 
activities, the authority provided in subsection (a) includes such 
authority. 
(c) EXCEPTION.—The authority described in subsection (b) does 
not supersede or otherwise modify any existing authority of any 
Federal department or agency already having such authority. 
Subtitle B—Complementary Access 
SEC. 221. REQUIREMENT FOR AUTHORITY TO CONDUCT COMPLEMEN-
TARY ACCESS. 
(a) PROHIBITION.—No complementary access to any location 
in the United States shall take place pursuant to the Additional 
Protocol without the authorization of the United States Government 
in accordance with the requirements of this title. 
(b) AUTHORITY.—
(1) IN GENERAL.—Complementary access to any location 
in the United States subject to access under the Additional 
Protocol is authorized in accordance with this title. 
(2) UNITED STATES REPRESENTATIVES.—
(A) RESTRICTIONS.—In the event of complementary 
access to a privately owned or operated location, no 
employee of the Environmental Protection Agency or of 
the Mine Safety and Health Administration or the Occupa-
tional Safety and Health Administration of the Department 
of Labor may participate in the access. 
(B) NUMBER.—The number of designated United States 
representatives accompanying IAEA inspectors shall be 
kept to the minimum necessary. 
SEC. 222. PROCEDURES FOR COMPLEMENTARY ACCESS. 
(a) IN GENERAL.—Each instance of complementary access to 
a location in the United States under the Additional Protocol shall 
be conducted in accordance with this subtitle. 
(b) NOTICE.—
(1) IN GENERAL.—Complementary access referred to in sub-
section (a) may occur only upon the issuance of an actual 
written notice by the United States Government to the owner, 
operator, occupant, or agent in charge of the location to be 
subject to complementary access. 
(2) TIME OF NOTIFICATION.—The notice under paragraph 
(1) shall be submitted to such owner, operator, occupant, or 
agent as soon as possible after the United States Government 
has received notification that the IAEA seeks complementary 
access. Notices may be posted prominently at the location if 
the United States Government is unable to provide actual writ-
ten notice to such owner, operator, occupant, or agent. 
(3) CONTENT OF NOTICE.—
H. R. 5682—20
(A) IN GENERAL.—The notice required by paragraph 
(1) shall specify—
(i) the purpose for the complementary access; 
(ii) the basis for the selection of the facility, site, 
or other location for the complementary access sought; 
(iii) the activities that will be carried out during 
the complementary access; 
(iv) the time and date that the complementary 
access is expected to begin, and the anticipated period 
covered by the complementary access; and 
(v) the names and titles of the inspectors. 
(4) SEPARATE NOTICES REQUIRED.—A separate notice shall 
be provided each time that complementary access is sought 
by the IAEA. 
(c) CREDENTIALS.—The complementary access team of the IAEA 
and representatives or designees of the United States Government 
shall display appropriate identifying credentials to the owner, oper-
ator, occupant, or agent in charge of the location before gaining 
entry in connection with complementary access. 
(d) SCOPE.—
(1) IN GENERAL.—Except as provided in a warrant issued 
under section 223, and subject to the rights of the United 
States Government under the Additional Protocol to limit com-
plementary access, complementary access to a location pursuant 
to this title may extend to all activities specifically permitted 
for such locations under Article 6 of the Additional Protocol. 
(2) EXCEPTION.—Unless required by the Additional Pro-
tocol, no inspection under this title shall extend to—
(A) financial data (other than production data); 
(B) sales and marketing data (other than shipment 
data); 
(C) pricing data; 
(D) personnel data; 
(E) patent data; 
(F) data maintained for compliance with environmental 
or occupational health and safety regulations; or 
(G) research data. 
(e) ENVIRONMENT, HEALTH, SAFETY, AND SECURITY.—In car-
rying out their activities, members of the IAEA complementary 
access team and representatives or designees of the United States 
Government shall observe applicable environmental, health, safety, 
and security regulations established at the location subject to com-
plementary access, including those for protection of controlled 
environments within a facility and for personal safety. 
SEC. 223. CONSENTS, WARRANTS, AND COMPLEMENTARY ACCESS. 
(a) IN GENERAL.—
(1) PROCEDURE.—
(A) CONSENT.—Except as provided in paragraph (2), 
an appropriate official of the United States Government 
shall seek or have the consent of the owner, operator, 
occupant, or agent in charge of a location prior to entering 
that location in connection with complementary access 
pursuant to sections 221 and 222. The owner, operator, 
occupant, or agent in charge of the location may withhold 
consent for any reason or no reason.
H. R. 5682—21
(B) ADMINISTRATIVE SEARCH WARRANT.—In the absence 
of consent, the United States Government may seek an 
administrative search warrant from a judge of the United 
States under subsection (b). Proceedings regarding the 
issuance of an administrative search warrant shall be con-
ducted ex parte, unless otherwise requested by the United 
States Government. 
(2) EXPEDITED ACCESS.—For purposes of obtaining access 
to a location pursuant to Article 4b.(ii) of the Additional Protocol 
in order to satisfy United States obligations under the Addi-
tional Protocol when notice of two hours or less is required, 
the United States Government may gain entry to such location 
in connection with complementary access, to the extent such 
access is consistent with the Fourth Amendment to the United 
States Constitution, without obtaining either a warrant or con-
sent. 
(b) ADMINISTRATIVE SEARCH WARRANTS FOR COMPLEMENTARY 
ACCESS.—
(1) OBTAINING
ADMINISTRATIVE
SEARCH
WARRANTS.—For 
complementary access conducted in the United States pursuant 
to the Additional Protocol, and for which the acquisition of 
a warrant is required, the United States Government shall 
first obtain an administrative search warrant from a judge 
of the United States. The United States Government shall 
provide to such judge all appropriate information regarding 
the basis for the selection of the facility, site, or other location 
to which complementary access is sought. 
(2) CONTENT OF AFFIDAVITS FOR ADMINISTRATIVE SEARCH 
WARRANTS.—A judge of the United States shall promptly issue 
an administrative search warrant authorizing the requested 
complementary access upon an affidavit submitted by the 
United States Government—
(A) stating that the Additional Protocol is in force; 
(B) stating that the designated facility, site, or other 
location is subject to complementary access under the Addi-
tional Protocol; 
(C) stating that the purpose of the complementary 
access is consistent with Article 4 of the Additional Pro-
tocol; 
(D) stating that the requested complementary access 
is in accordance with Article 4 of the Additional Protocol; 
(E) containing assurances that the scope of the IAEA’s 
complementary access, as well as what it may collect, shall 
be limited to the access provided for in Article 6 of the 
Additional Protocol; 
(F) listing the items, documents, and areas to be 
searched and seized; 
(G) stating the earliest commencement and the antici-
pated duration of the complementary access period, as well 
as the expected times of day during which such complemen-
tary access will take place; and 
(H) stating that the location to which entry in connec-
tion with complementary access is sought was selected 
either—
(i) because there is probable cause, on the basis 
of specific evidence, to believe that information 
required to be reported regarding a location pursuant
H. R. 5682—22
to regulations promulgated under this title is incorrect 
or incomplete, and that the location to be accessed 
contains evidence regarding that violation; or 
(ii) pursuant to a reasonable general administra-
tive plan based upon specific neutral criteria. 
(3) CONTENT OF WARRANTS.—A warrant issued under para-
graph (2) shall specify the same matters required of an affidavit 
under that paragraph. In addition, each warrant shall contain 
the identities of the representatives of the IAEA on the com-
plementary access team and the identities of the representa-
tives or designees of the United States Government required 
to display identifying credentials under section 222(c). 
SEC. 224. PROHIBITED ACTS RELATING TO COMPLEMENTARY ACCESS. 
It shall be unlawful for any person willfully to fail or refuse 
to permit, or to disrupt, delay, or otherwise impede, a complemen-
tary access authorized by this subtitle or an entry in connection 
with such access. 
Subtitle C—Confidentiality of Information 
SEC. 231. PROTECTION OF CONFIDENTIALITY OF INFORMATION. 
Information reported to, or otherwise acquired by, the United 
States Government under this title or under the Additional Protocol 
shall be exempt from disclosure under section 552 of title 5, United 
States Code. 
Subtitle D—Enforcement 
SEC. 241. RECORDKEEPING VIOLATIONS. 
It shall be unlawful for any person willfully to fail or refuse—
(1) to establish or maintain any record required by any 
regulation prescribed under this title; 
(2) to submit any report, notice, or other information to 
the United States Government in accordance with any regula-
tion prescribed under this title; or 
(3) to permit access to or copying of any record by the 
United States Government in accordance with any regulation 
prescribed under this title. 
SEC. 242. PENALTIES. 
(a) CIVIL.—
(1) PENALTY AMOUNTS.—Any person that is determined, 
in accordance with paragraph (2), to have violated section 224 
or section 241 shall be required by order to pay a civil penalty 
in an amount not to exceed $25,000 for each violation. For 
the purposes of this paragraph, each day during which a viola-
tion of section 224 continues shall constitute a separate viola-
tion of that section. 
(2) NOTICE AND HEARING.—
(A) IN GENERAL.—Before imposing a penalty against 
a person under paragraph (1), the head of an executive 
agency designated under section 211(a) shall provide the 
person with notice of the order. If, within 15 days after 
receiving the notice, the person requests a hearing, the