§ 2160c. Consultation with Department of Defense concerning certain exports and subsequent arrangements

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   Omnibus Diplomatic Security and Antiterrorism Act of 1986

   Pub. L. 99–399 title VI § 603 · 100 Stat. 853

   Enacted · 42 U.S.C. § 2160c

   Aug. 1, 1946, ch. 724, title I, § 133, as added Pub. L. 99–399, title VI, § 603, Aug. 27, 1986, 100 Stat. 875

   Source evidence

   Code 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

   Enacted provision · exact public law section
   SEC. 603. CONSULTATION WITH THE DEPARTMENT OF DEFENSE CONCERNING CERTAIN NUCLEAR EXPORTS AND SUBSEQUENT ARRANGEMENTS. Chapter 11 of the Atomic Energy Act of 1954, as amended by section 602 of this Act, is further amended by adding at the end thereof the following new section: “Sec. 133. Consultation with the 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 Act for the export of special nuclear material described in subsection b.; and “(2) approval may be granted by the Secretary of Energy under section 131 of this Act for the transfer of special nuclear 42 USC 2160. 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 20 kilograms of uranium enriched to more than 20 percent in the isotope 233 or the isotope 235.”.

2. 1994

   Nuclear Proliferation Prevention Act of 1994

   Pub. L. 103–236 title VIII § 829 · 108 Stat. 382

   Substituted · 42 U.S.C. § 2160c(b)

   Pub. L. 103–236 substituted “5 kilograms” for “20 kilograms”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–236 substituted “5 kilograms” for “20 kilograms”.

   Enacted provision · exact public law section
   SEC. 829. TECHNICAL CORRECTION. Section 133 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2160c) is amended by striking “20 kilograms” and inserting “5 kilograms”.

   Effective date note
   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.

2 of 2 references resolved to an enrolled provision