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42 U.S.C. § 2160c — Consultation with Department of Defense concerning certain exports and subsequent arrangements

submitted 80 years ago by Pub. L. 99-399 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 207 words · no verdicts yet

in plain englishAI-generated · not legal advice

Certain large exports or transfers of special nuclear material require consultation with the Secretary of Defense about physical protection against terrorism.

(a) In addition to other requirements, the Nuclear Regulatory Commission may issue an export license, and the Secretary of Energy may approve a transfer under section 2160, for the material described in subsection (b) only after consulting the Secretary of Defense about whether physical protection during the export or transfer will adequately deter theft, sabotage, and other international terrorism that could divert the material. If available intelligence makes the Secretary of Defense think there may be a real terrorist threat, the Secretary must give the Commission or Secretary of Energy, as appropriate, a written risk assessment and describe the actions considered necessary to improve physical protection. (b) This applies to exporting or transferring more than 2 kilograms of plutonium or more than 5 kilograms of uranium enriched above 20 percent in isotope 233 or isotope 235.
the actual law source: uscode.house.gov ↗public domain
(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)

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);

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.

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

history & why it existsrecord from the source credit
  • 1946Enacted · Pub. L. 99-399 · 100 Stat. 875
  • 1992Amended · Pub. L. 102-486 · 106 Stat. 2944
  • 1994Amended · Pub. L. 103-236 · 108 Stat. 521

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-399 on 1946-08-01.

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