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Title 42 — The Public Health and Welfare

Chapter 23 — Development and Control of Atomic Energy

§ 2138. Suspension of licenses during war or national emergency

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 83–724 · 68 Stat. 998

    Enacted · 42 U.S.C. § 2138

    Aug. 1, 1946, ch. 724, title I, § 108, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939

    Source evidence

    Code source credit
    Aug. 1, 1946, ch. 724, title I, § 108, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939

  2. Pub. L. 86–373 § 2 · 73 Stat. 654

    Struck · 42 U.S.C. § 2138

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

    Source evidence

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

    Enacted provision · exact public law section
    Sec. 2. Section 108 of the Atomic Energy Act of 1954 is amended by deleting 42 USC 2138. the phrase “distributed under the provisions of subsection. 53a.,” from the second sentence.

1 of 2 references resolved to an enrolled provision · 1 partial

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”.

Credits

1946–1992 · 3 acts
  1. 1946Aug. 1, 1946, ch. 724, title I, § 108, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939
  2. 1959amended Pub. L. 86–373, § 2, , 73 Stat. 691
  3. 1992renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944.
Show as published

(Aug. 1, 1946, ch. 724, title I, § 108, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939; amended Pub. L. 86–373, § 2, , 73 Stat. 691; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), , 106 Stat. 2944.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s2138