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); and
(2)
section 2160 of this title approval may be granted by the Secretary of Energy under for the transfer of special nuclear material described in subsection (b);
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) 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.
act Aug. 1, 1946, ch. 724act Aug. 30, 1954, ch. 1073, § 168 Stat. 919section 2011 of this titleThis chapter, referred to in subsec. (a)(1), was in the original “this Act”, meaning , as added by , , known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 103–2361994—Subsec. (b). substituted “5 kilograms” for “20 kilograms”.