dreamproit/uscode huggingface dataset:
22 U.S.C. § 8121 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8121. Requirement for authority to conduct complementary 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 chapter.
(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 chapter.
(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 Occupational 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.
(Pub. L. 109–401, title II, § 221, Dec. 18, 2006, 120 Stat. 2744.)
22 U.S.C. § 8122 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8122. 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 subchapter.
(b) Notice
(1) In general
Complementary access referred to in subsection (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 written notice to such owner, operator, occupant, or agent.
(3) Content of notice
(A) 1 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, operator, 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 8123 of this title, and subject to the rights of the United States Government under the Additional Protocol to limit complementary access, complementary access to a location pursuant to this chapter may extend to all activities specifically permitted for such locations under Article 6 of the Additional Protocol.
(2) Exception
Unless required by the Additional Protocol, no inspection under this chapter 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 carrying 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 complementary access, including those for protection of controlled environments within a facility and for personal safety.
(Pub. L. 109–401, title II, § 222, Dec. 18, 2006, 120 Stat. 2744.)
22 U.S.C. § 8124 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8124. 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 complementary access authorized by this subchapter or an entry in connection with such access.
(Pub. L. 109–401, title II, § 224, Dec. 18, 2006, 120 Stat. 2747.)
22 U.S.C. § 8131 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8131. Protection of confidentiality of information
Information reported to, or otherwise acquired by, the United States Government under this chapter or under the Additional Protocol shall be exempt from disclosure under section 552 of title 5.
(Pub. L. 109–401, title II, § 231, Dec. 18, 2006, 120 Stat. 2747.)
22 U.S.C. § 8141 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8141. 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 chapter;
(2) to submit any report, notice, or other information to the United States Government in accordance with any regulation prescribed under this chapter; or
(3) to permit access to or copying of any record by the United States Government in accordance with any regulation prescribed under this chapter.
(Pub. L. 109–401, title II, § 241, Dec. 18, 2006, 120 Stat. 2747.)
22 U.S.C. § 8143 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8143. 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 8111(a) of this title—
(1) to restrain any conduct in violation of section 8124 of this title or section 8141 of this title; or
(2) to compel the taking of any action required by or under this chapter 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 8124 of this title or section 8141 of this title occurred or in which the defendant is found or transacts 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.
(Pub. L. 109–401, title II, § 243, Dec. 18, 2006, 120 Stat. 2749.)
22 U.S.C. § 8151 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8151. 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 contain—
(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 Protocol; 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.
(Pub. L. 109–401, title II, § 251, Dec. 18, 2006, 120 Stat. 2749.)
22 U.S.C. § 8152 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8152. 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 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.
(Pub. L. 109–401, title II, § 252, Dec. 18, 2006, 120 Stat. 2750.)
22 U.S.C. § 8153 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8153. Application of national security exclusion to location-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 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.
(Pub. L. 109–401, title II, § 253, Dec. 18, 2006, 120 Stat. 2750.)
22 U.S.C. § 8154 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8154. Rule of construction
As used in this subchapter, 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 activities 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.
(Pub. L. 109–401, title II, § 254, Dec. 18, 2006, 120 Stat. 2751.)
22 U.S.C. § 8161 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8161. 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 inspection under the Additional Protocol.
(b) Information of direct national security significance
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 chapter 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 classified information.
(Pub. L. 109–401, title II, § 261, Dec. 18, 2006, 120 Stat. 2751.)
heading: References in Text
text: The Atomic Energy Act of 1954, referred to in subsec. (c), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 921, and amended, which is classified generally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.
This Act, referred to in subsec. (d), is Pub. L. 109–401, Dec. 18, 2006, 120 Stat. 2726, which enacted this chapter and chapter 87 (§ 8001 et seq.) of this title and amended section 2652c of this title and section 2153 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.
22 U.S.C. § 8162 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8162. IAEA inspections and visits
(a) Certain individuals prohibited from obtaining access
No national of a country designated by the Secretary of State under section 2371 of this title 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.
(c) Vulnerability and related assessments
The President shall conduct vulnerability, counterintelligence, and related assessments 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.
(Pub. L. 109–401, title II, § 262, Dec. 18, 2006, 120 Stat. 2751.)
22 U.S.C. § 8171 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8171. 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.
(Pub. L. 109–401, title II, § 271, Dec. 18, 2006, 120 Stat. 2752.)
22 U.S.C. § 8172 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8172. Report on revisions to initial United States declaration
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.
(Pub. L. 109–401, title II, § 272, Dec. 18, 2006, 120 Stat. 2752.)
22 U.S.C. § 8173 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8173. Content of reports on United States declarations
The reports required under section 8171 of this title and section 8172 of this title 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 security 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.
(Pub. L. 109–401, title II, § 273, Dec. 18, 2006, 120 Stat. 2752.)
22 U.S.C. § 8174 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8174. Report on efforts to promote the implementation of additional protocols
Not later than 180 days after the entry into force of the Additional 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.
(Pub. L. 109–401, title II, § 274, Dec. 18, 2006, 120 Stat. 2752.)
22 U.S.C. § 8175 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8175. 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.
(Pub. L. 109–401, title II, § 275, Dec. 18, 2006, 120 Stat. 2753.)
22 U.S.C. § 8201 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8201. Findings
Congress finds the following:
(1) The United States Declaration of Independence, the United States Constitution, and the United Nations Universal Declaration of Human Rights declare that all human beings are created equal and possess certain rights and freedoms, including the fundamental right to participate in the political life and government of their respective countries.
(2) The development of democracy constitutes a long-term challenge that goes through unique phases and paces in individual countries as such countries develop democratic institutions such as a thriving civil society, a free media, and an independent judiciary, and must be led from within such countries, including by nongovernmental and governmental reformers.
(3) Individuals, nongovernmental organizations, and movements that support democratic principles, practices, and values are under increasing pressure from some governments of nondemocratic countries (as well as, in some cases, from governments of democratic transition countries), including by using administrative and regulatory mechanisms to undermine the activities of such individuals, organizations, and movements.
(4) Democratic countries have a number of instruments available for supporting democratic reformers who are committed to promoting effective, nonviolent change in nondemocratic countries and who are committed to keeping their countries on the path to democracy.
(5) United States efforts to promote democracy and protect human rights can be strengthened to improve assistance for such reformers, including through an enhanced role for United States diplomats when properly trained and given the right incentives.
(6) The promotion of democracy requires a broad-based effort with cooperation between all democratic countries, including through the Community of Democracies.
(Pub. L. 110–53, title XXI, § 2102, Aug. 3, 2007, 121 Stat. 526.)
heading: Short Title
text: Pub. L. 110–53, title XXI, § 2101, Aug. 3, 2007, 121 Stat. 526, provided that: “This title [enacting this chapter and amending provisions set out as a note under section 2151n of this title] may be cited as the ‘Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2007’ or the ‘ADVANCE Democracy Act of 2007’.”
22 U.S.C. § 8202 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8202. Statement of policy
It is the policy of the United States—
(1) to promote freedom and democracy in foreign countries as a fundamental component of United States foreign policy, along with other key foreign policy goals;
(2) to affirm fundamental freedoms and internationally recognized human rights in foreign countries, as reflected in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, and to condemn offenses against those freedoms and rights as a fundamental component of United States foreign policy, along with other key foreign policy goals;
(3) to protect and promote such fundamental freedoms and rights, including the freedoms of association, of expression, of the press, and of religion, and the right to own private property;
(4) to commit to the long-term challenge of promoting universal democracy by promoting democratic institutions, including institutions that support the rule of law (such as an independent judiciary), an independent and professional media, strong legislatures, a thriving civil society, transparent and professional independent governmental auditing agencies, civilian control of the military, and institutions that promote the rights of minorities and women;
(5) to use instruments of United States influence to support, promote, and strengthen democratic principles, practices, and values, including the right to free, fair, and open elections, secret balloting, and universal suffrage, including by—
(A) providing appropriate support to individuals, nongovernmental organizations, and movements located in nondemocratic countries that aspire to live in freedom and establish full democracy in such countries; and
(B) providing political, economic, and other support to foreign countries and individuals, nongovernmental organizations, and movements that are willingly undertaking a transition to democracy; and
(6) to strengthen cooperation with other democratic countries in order to better promote and defend shared values and ideals.
(Pub. L. 110–53, title XXI, § 2103, Aug. 3, 2007, 121 Stat. 527.)
22 U.S.C. § 8212 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8212. Democracy Fellowship Program
(a) Requirement for Program
The Secretary shall establish a Democracy Fellowship Program to enable officers of the Department to gain an additional perspective on democracy promotion in foreign countries by working on democracy issues in appropriate congressional offices or congressional committees with oversight over the subject matter of this chapter, including the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate, and international or nongovernmental organizations involved in democracy promotion.
(b) Selection and placement
The Assistant Secretary shall play a central role in the selection of Democracy Fellows and facilitate their placement in appropriate congressional offices, congressional committees, international organizations, and nongovernmental organizations.
(Pub. L. 110–53, title XXI, § 2112, Aug. 3, 2007, 121 Stat. 531.)
22 U.S.C. § 8213 (FOREIGN RELATIONS AND INTERCOURSE)
§ 8213. Investigations of violations of international humanitarian law
(a) In general
The President, with the assistance of the Secretary, the Under Secretary of State for Democracy and Global Affairs, and the Ambassador-at-Large for War Crimes Issues, shall collect information regarding incidents that may constitute crimes against humanity, genocide, slavery, or other violations of international humanitarian law.
(b) Accountability
The President shall consider what actions can be taken to ensure that any government of a country or the leaders or senior officials of such government who are responsible for crimes against humanity, genocide, slavery, or other violations of international humanitarian law identified under subsection (a) are brought to account for such crimes in an appropriately constituted tribunal.
(Pub. L. 110–53, title XXI, § 2113, Aug. 3, 2007, 121 Stat. 531.)