II Calendar No. 385 109th CONGRESS 2d Session S. 2489 [Report No. 109–226] IN THE SENATE OF THE UNITED STATES April 3, 2006 Mr. Lugar, from the Committee on Foreign Relations, reported the following original bill; which was read twice and placed on the calendar A BILL To implement the obligations of the United States under the Protocol Additional to the Agreement between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America, signed by the United States on June 12, 1998.

1.

Short title

This Act may be cited as the U.S. Additional Protocol Implementation Act.

2.

Definitions

In this Act: (1)

Additional protocol

The term Additional Protocol, when used in the singular form, means the Protocol Additional to the Agreement between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America, with Annexes, signed at Vienna June 12, 1998 (T. Doc. 107–7). (2)

Appropriate congressional committees

The term appropriate congressional committees means the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate and the Committee on Armed Services, the Committee on International Relations, and the Committee on Appropriations of the House of Representatives. (3)

Complementary access

The term complementary access means the exercise of the IAEA’s access rights as set forth in Articles 4 to 6 of the Additional Protocol. (4)

Executive agency

The term executive agency has the meaning given such term in section 105 of title 5, United States Code. (5)

Facility

The term facility has the meaning set forth in Article 18i. of the Additional Protocol. (6)

IAEA

The term IAEA means the International Atomic Energy Agency. (7)

Judge of the united states

The term judge of the United States means a United States district judge, or a United States magistrate judge appointed under the authority of chapter 43 of title 28, United States Code. (8)

Location

The term location means any geographic point or area declared or identified by the United States or specified by the International Atomic Energy Agency. (9)

Nuclear non-proliferation treaty

The term Nuclear Non-Proliferation Treaty means the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (21 UST 483). (10)

Nuclear-weapon state party and non-nuclear-weapon state party

The terms nuclear-weapon State Party and non-nuclear-weapon State Party have the meanings given such terms in the Nuclear Non-Proliferation Treaty. (11)

Person

The term person, except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality or political subdivision of any such government or nation, or other entity located in the United States. (12)

Site

The term site has the meaning set forth in Article 18b. of the Additional Protocol. (13)

United states

The term United States, when used as a geographic reference, means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States and includes all places under the jurisdiction or control of the United States, including— (A)the territorial sea and the overlying airspace; (B)any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs (17) and (41), respectively, of section 40102(a) of title 49, United States Code; and (C)any vessel of the United States, as such term is defined in section 3(b) of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903(b)). (14)

Wide-area environmental sampling

The term wide-area environmental sampling has the meaning set forth in Article 18g. of the Additional Protocol.

3.

Severability

If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

April 3, 2006 Read twice and placed on the calendar