§2138 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Commission can suspend any license under this chapter when Congress says there is a war or a national emergency, if it thinks that is needed for the country’s defense and safety. While the suspension lasts, the Commission may recover special nuclear material, order facilities licensed under sections 2133 or 2134 to operate, and enter plants to get material or run them. The law requires fair payment for any damage caused.

Title 42, §2138

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

Whenever the Congress declares that a state of war or national emergency exists, the Commission is authorized to suspend any licenses granted under this chapter if in its judgment such action is necessary to the common defense and security. The Commission is authorized during such period, if the Commission finds it necessary to the common defense and security, to order the recapture of any special nuclear material or to order the operation of any facility licensed under section 2133 or 2134 of this title, and is authorized to order the entry into any plant or facility in order to recapture such material, or to operate such facility. Just compensation shall be paid for any damages caused by the recapture of any special nuclear material or by the operation of any such facility.

Notes & Related Subsidiaries

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 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

1959—Pub. L. 86–373 struck out “distributed under the provisions of section 2073(a) of this title,” before “or to order”.

§2138 Suspension of licenses during war or national emergency