120 STAT. 2746
Courts.
VerDate 14-DEC-2004
09:16 Jul 13, 2007
PUBLIC LAW 109–401—DEC. 18, 2006
(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 conducted 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 Additional 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 consent. (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 Additional Protocol; (C) stating that the purpose of the complementary access is consistent with Article 4 of the Additional Protocol; (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 anticipated duration of the complementary access period, as well as the expected times of day during which such complementary access will take place; and (H) stating that the location to which entry in connection 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
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