42 USC § 2138 - Suspension of licenses during war or national emergency

---
identifier: "/us/usc/t42/s2138"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 2138 - Suspension of licenses during war or national emergency"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "2138"
section_name: "Suspension of licenses during war or national emergency"
chapter_number: 23
chapter_name: "DEVELOPMENT AND CONTROL OF ATOMIC ENERGY"
subchapter_number: "IX"
subchapter_name: "ATOMIC ENERGY LICENSES"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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, Sept. 23, 1959, 73 Stat. 691; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)"
---


# § 2138. Suspension of licenses during war or national emergency

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.

---

**Source Credit**: (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, Sept. 23, 1959, 73 Stat. 691; 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 , as added by , , 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  and Tables.

### Amendments

1959— struck out “distributed under the provisions of ,” before “or to order”.