U.S. Additional Protocol Implementation Act

Bill: 109-s-2489
Sponsor: Sen. Lugar, Richard G. [R-IN]
Introduced: 2006-04-03 in the Senate
Policy area: International Affairs
Subjects: Administrative procedure
Administrative remedies
Armed Forces and National Security
Business records
Civil actions and liability
Commerce
Congress
Congress and foreign policy
Congressional reporting requirements
Crime and Law Enforcement
Energy
Environmental Protection
Environmental monitoring
Executive orders
Fines (Penalties)
Government Operations and Politics
Government paperwork
Injunctions
International agencies
International control of nuclear power
Judicial review
Law
Nuclear nonproliferation
President and foreign policy
Searches and seizures
Treaties
Warrants (Law)

Summary:
action_date: 2006-04-03
text: 
U.S. Additional Protocol Implementation Act - Authorizes the President to: (1) implement this Act and the Protocol Additional to the Agreement between the United States of America and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in the United States of America, with Annexes, signed in Vienna on June 12, 1998 (Additional Protocol); and (2) designate which federal agencies shall issue or amend and enforce regulations to implement this Act and the provisions of the Additional Protocol.
 
Prohibits complementary access to any location in the United States pursuant to the Additional Protocol without the authorization of the U.S. Government. 
 
Authorizes complementary IAEA access in accordance with this Act to any location in the United States subject to access under the Additional Protocol.
 
 Prescribes complementary access procedures, including consents, warrants, and warrantless complementary access.
 
Exempts information acquired by the U.S. Government under this Act or under the Additional Protocol from certain statutory disclosure requirements.
 
 Prescribes recordkeeping procedures. Sets forth civil and criminal penalties for: (1) recordkeeping violations; and (2) impeding authorized complementary access. 
 
Grants U.S. district courts jurisdiction over civil actions to restrain such violations and to compel actions required by this Act or the Additional Protocol.
 
Directs the President to notify certain congressional committees of IAEA Board approval of wide-area environmental sampling for use as a safeguards verification tool.
 
Prohibits the United States from permitting location-specific environmental sampling proposed by the IAEA in the United States unless the President has made specified determinations and reported to certain congressional committees. 

action_date: 2006-04-03
text: 

(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.)

 
U.S. Additional Protocol Implementation Act - 
Title I: General Provisions
 - (Sec. 101) Authorizes the President to: (1) implement this Act and the Protocol Additional to the Agreement between the United States of America and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in the United States of America, with Annexes, which was signed by both parties in Vienna on June 12, 1998 (Additional Protocol); and (2) designate which federal agencies shall issue or amend and enforce regulations to implement this Act and the provisions of the Additional Protocol.
 

Title II: Complementary Access 
- (Sec. 201) Prohibits complementary access to any location in the United States pursuant to the Additional Protocol without the authorization of the U.S. Government. 
 
Authorizes complementary IAEA access in accordance with this Act to any location in the United States subject to access under the Additional Protocol.
 
States that, in the event of complementary access to a privately owned or operated location, no employee of the Environmental Protection Agency, the Mine Safety and Health Administration, or the Occupational Safety and Health Administration of the Department of Labor may participate in the access.
 
(Sec. 202) Prescribes complementary access procedures, including consents, administrative search warrants, and warrantless complementary access.
 
States it is unlawful for any person willfully to fail, refuse to permit, or otherwise impede complementary access authorized by this Act, or an entry in connection with such access.
 

Title III: Confidentiality of Information
 - (Sec. 301) Exempts information acquired by the U.S. Government under this Act or under the Additional Protocol from certain statutory disclosure requirements.
 

Title IV: Enforcement 
- (Sec. 401) Prescribes recordkeeping procedures. 
 
Sets forth civil and criminal penalties for: (1) recordkeeping violations; and (2) impeding authorized complementary access. 
 
Requires a violations hearing to be conducted before an administrative judge.
 
Grants federal district courts jurisdiction over civil actions brought by the head of certain designated executive agencies.
 

Title V: Environmental Sampling
 - (Sec. 501) Requires the President to notify certain congressional committees of IAEA Board approval of wide-area environmental sampling for use as a safeguards verification tool.
 
 (Sec. 502) Prohibits the United States from permitting either wide-area or location-specific environmental sampling proposed by the IAEA in the United States unless the President has made and reported specified determinations to certain congressional committees.
 

Title VI: Authorization of Appropriations
 - (Sec. 601) Authorizes appropriations.


Legislative actions:
action_date: 2006-04-03
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 385.
action_date: 2006-04-03
text: Committee on Foreign Relations. Original measure reported to Senate by Senator Lugar. With written report No. 109-226.
action_date: 2006-04-03
text: Committee on Foreign Relations. Original measure reported to Senate by Senator Lugar. With written report No. 109-226.
action_date: 2006-04-03
text: Introduced in Senate