Sec. 133. Consultation With the Department of Defense Concerning Certain Exports and Subsequent Arrangements
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## 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 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 kilograms49 of uranium enriched to more than 20 percent in the isotope 233 or the isotope 235. 49Section 829 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (P.L. 103–236) amended section 133 b. of the Atomic Energy Act of 1954 by striking “20 kilograms” and inserting “5 kilograms”. Section 851 of (P.L. 103–236) provides that on “the date of enactment of the first Foreign Relations Authorization Act that is enacted after the enactment of this Act, the provisions of parts A and B of this title shall cease to be effective, the amendments made by those parts shall be repealed, and any provision of law repealed by those parts shall be reenacted.”. **[**[42 U.S.C. 2160c](/us/usc/t42/s2160c)**]**
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Sec. 133
Consultation With the Department of Defense Concerning Certain Exports and Subsequent Arrangements
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