
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2160c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                 SUBCHAPTER X--INTERNATIONAL ACTIVITIES
 
Sec. 2160c. Consultation with Department of Defense concerning 
        certain exports and subsequent arrangements
        
    (a) In addition to other applicable requirements--
        (1) a license may be issued by the Nuclear Regulatory Commission 
    under this chapter for the export of special nuclear material 
    described in subsection (b) of this section; and
        (2) approval may be granted by the Secretary of Energy under 
    section 2160 of this title for the transfer of special nuclear 
    material described in subsection (b) of this section;

only after the Secretary of Defense has been consulted on whether the 
physical protection of that material during the export or transfer will 
be adequate to deter theft, sabotage, and other acts of international 
terrorism which would result in the diversion of that material. If, in 
the view of the Secretary of Defense based on all available intelligence 
information, the export or transfer might be subject to a genuine 
terrorist threat, the Secretary shall provide to the Nuclear Regulatory 
Commission or the Secretary of Energy, as appropriate, his written 
assessment of the risk and a description of the actions the Secretary of 
Defense considers necessary to upgrade physical protection measures.
    (b) Subsection (a) of this section applies to the export or transfer 
of more than 2 kilograms of plutonium or more than 5 kilograms of 
uranium enriched to more than 20 percent in the isotope 233 or the 
isotope 235.

(Aug. 1, 1946, ch. 724, title I, Sec. 133, as added Pub. L. 99-399, 
title VI, Sec. 603, Aug. 27, 1986, 100 Stat. 875; renumbered title I, 
Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 
2944; amended Pub. L. 103-236, title VIII, Sec. 829, Apr. 30, 1994, 108 
Stat. 521.)


                               Amendments

    1994--Subsec. (b). Pub. L. 103-236 substituted ``5 kilograms'' for 
``20 kilograms''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-236 effective 60 days after Apr. 30, 1994, 
see section 831 of Pub. L. 103-236, set out as an Effective Date note 
under section 6301 of Title 22, Foreign Relations and Intercourse.
