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Title 42, The Public Health and WelfareRelease 119-110

§2160c Consultation with Department of Defense Concerning Certain Exports and Subsequent Arrangements

Title 42 › CHAPTER 23 — DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › SUBCHAPTER X — INTERNATIONAL ACTIVITIES › § 2160c

Last updated Sep 22, 2026|Official source

Summary

A license from the Nuclear Regulatory Commission or approval from the Secretary of Energy to export or transfer certain special nuclear materials can only be given after the Secretary of Defense is asked to check whether the material will be physically protected well enough to stop theft, sabotage, or terrorism that could divert it. If the Secretary of Defense, using available intelligence, believes there is a real terrorist threat, he must send a written risk assessment to the NRC or Energy Secretary and say what steps are needed to strengthen protection. This rule covers exports or transfers of more than 2 kilograms of plutonium or more than 5 kilograms of uranium enriched above 20 percent in isotope 233 or 235.

Full Legal Text

Title 42, §2160c

The Public Health and Welfare, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(1), was in the original “this Act”, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, 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 section 2011 of this title and Tables.

Amendments

1994—Subsec. (b). Pub. L. 103–236 substituted “5 kilograms” for “20 kilograms”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2160c

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110