42 U.S.C. § 2160c — Consultation with Department of De-

Page 5460 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2160b organization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of Title 22. EFFECTIVE DATE Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of Pub. L. 95–242, set out as a note under section 3201 of Title 22, Foreign Relations and Intercourse. DEFINITIONS For definitions of terms used in this section, see sec- tion 3203 of Title 22, Foreign Relations and Intercourse. § 2160b. Authority to suspend nuclear coopera- tion with nations which have not ratified the Convention on the Physical Security of Nu- clear Material The President may suspend nuclear coopera- tion under this chapter with any nation or group of nations which has not ratified the Convention on the Physical Security of Nuclear Material. (Aug. 1, 1946, ch. 724, title I, § 132, as added Pub. L. 99–399, title VI, § 602, Aug. 27, 1986, 100 Stat. 875; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 prin- cipally 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. § 2160c. Consultation with Department of De- fense concerning certain exports and subse- quent arrangements (a) In addition to other applicable require- ments— (1) a license may be issued by the Nuclear Regulatory Commission under this chapter for the export of special nuclear material de- scribed in subsection (b); and (2) approval may be granted by the Sec- retary of Energy under section 2160 of this title for the transfer of special nuclear mate- rial 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 re- sult 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 Nu- clear Regulatory Commission or the Secretary of Energy, as appropriate, his written assess- ment 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. (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.) 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 clas- sified principally to this chapter. For complete classi- fication 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 kilo- grams’’ for ‘‘20 kilograms’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT 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. § 2160d. Further restrictions on exports (a) In general Except as provided in subsection (b), the Com- mission may issue a license for the export of highly enriched uranium to be used as a fuel or target in a nuclear research or test reactor only if, in addition to any other requirement of this chapter, the Commission determines that— (1) there is no alternative nuclear reactor fuel or target enriched in the isotope 235 to a lesser percent than the proposed export, that can be used in that reactor; (2) the proposed recipient of that uranium has provided assurances that, whenever an al- ternative nuclear reactor fuel or target can be used in that reactor, it will use that alter- native in lieu of highly enriched uranium; and (3) the United States Government is actively developing an alternative nuclear reactor fuel or target that can be used in that reactor. (b) Medical isotope production (1) Definitions In this subsection: (A) Highly enriched uranium The term ‘‘highly enriched uranium’’ means uranium enriched to include con- centration of U–235 above 20 percent. (B) Medical isotope The term ‘‘medical isotope’’ includes Mo- lybdenum 99, Iodine 131, Xenon 133, and other radioactive materials used to produce a radiopharmaceutical for diagnostic, thera- peutic procedures or for research and devel- opment. (C) Radiopharmaceutical The term ‘‘radiopharmaceutical’’ means a radioactive isotope that—