Consultation with Department of Defense concerning certain exports and subsequent arrangements
In addition to other applicable requirements—
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
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.
[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].)