---
kind: "section"
citation: "22 U.S.C. § 8153"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "8153"
heading: "Application of national security exclusion to location-specific environmental sampling"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/8153"
units:
  - "Chapter 88 — Nuclear Non-Proliferation Treaty—united States Additional Protocol Implementation"
  - "Subchapter V — Environmental Sampling"
---

# §8153. Application of national security exclusion to location-specific environmental sampling


In accordance with Article 1(b) of the [Additional Protocol](/usc/22/8102.md?p=1), the [United States](/usc/22/8102.md?p=13) shall not permit any [location](/usc/22/8102.md?p=8)-specific environmental sampling in the [United States](/usc/22/8102.md?p=13) under Article 5 of the [Additional Protocol](/usc/22/8102.md?p=1) unless the President has determined and reported to the [appropriate congressional committees](/usc/22/8102.md?p=2) with respect to that proposed use of environmental sampling that—

- (1) the proposed use of [location](/usc/22/8102.md?p=8)-specific environmental sampling is necessary to increase the capability of the [IAEA](/usc/22/8102.md?p=6) to detect undeclared nuclear activities in the territory of a [non-nuclear-weapon State Party](/usc/22/8102.md?p=10);
- (2) the proposed use of [location](/usc/22/8102.md?p=8)-specific environmental sampling will not result in access by the [IAEA](/usc/22/8102.md?p=6) to [locations](/usc/22/8102.md?p=8), activities, or information of direct national security significance; and
- (3) with respect to the proposed use of environmental sampling, the [United States](/usc/22/8102.md?p=13)—
  - (A) has been provided sufficient opportunity for consultation with the [IAEA](/usc/22/8102.md?p=6) if the [IAEA](/usc/22/8102.md?p=6) has requested [complementary access](/usc/22/8102.md?p=3) involving [location](/usc/22/8102.md?p=8)-specific environmental sampling; or
  - (B) has requested under Article 8 of the [Additional Protocol](/usc/22/8102.md?p=1) that the [IAEA](/usc/22/8102.md?p=6) engage in [complementary access](/usc/22/8102.md?p=3) in the [United States](/usc/22/8102.md?p=13) that involves the use of [location](/usc/22/8102.md?p=8)-specific environmental sampling.

## Source credit

(Pub. L. 109–401, title II, § 253, Dec. 18, 2006, 120 Stat. 2750.)