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42 U.S.C. § 2138 — Suspension of licenses during war or national emergency

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2138

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Stable record: federal_law:legal_authorities:record_usc_b9a437352ad65f2b55b8a0b0
Source file: Laws/federal/codes/united-states-code/title-42/section-2138-suspension-of-licenses-during-war-or-national-emergency--f70482f42c.md
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Passage SHA-256: d7ad7546b55ae2d32c1eac69a136b71023a9f3c60c70b900e88b0e4940b0b3f2

Source location: Title 42, Chapter 23, § 2138; chapter-023-development-and-control-of-atomic-energy.md

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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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2011 — Congressional declaration of policy

Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that— **(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and **(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2011

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2073 — Domestic distribution of special nuclear material

**(a) Licenses** The Commission is authorized (i) to issue licenses to transfer or receive in interstate commerce, transfer, deliver, acquire, possess, own, receive possession of or title to, import, or export under the terms of an agreement for cooperation arranged pursuant to [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim), special nuclear material, (ii) to make special nuclear material available for the period of the license, and, (iii) to distribute special nuclear material within the United States to qualified applicants requesting such material— (1) for the conduct of research and development activities of the types specified in [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2051&num=0&edition=prelim); (2) for use in the conduct of research and development activities or in medical therapy under a license issued pursuant to [section 2134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2134&num=0&edition=prelim); (3) for use under a license issued pursuant to [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2133&num=0&edition=prelim); (4) for such other uses as the Commission determines to be appropriate to carry out the purposes of this chapter. **(b) Minimum criteria for licenses** The Commission shall establish, by rule, minimum criteria for the issuance of specific or general licenses for the distribution of special nuclear material depending upon the degree of importance to the common defense and security or to the health and safety of the public of— (1) the physical characteristics of the special nuclear material to b

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2073

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2233 — Terms of licenses

Each license shall be in such form and contain such terms and conditions as the Commission may, by rule or regulation, prescribe to effectuate the provisions of this chapter, including the following provisions: **(a)** Repealed. Pub. L. 88–489, § 18, Aug. 26, 1964, 78 Stat. 607. **(b)** No right to the special nuclear material shall be conferred by the license except as defined by the license. **(c)** Neither the license nor any right under the license shall be assigned or otherwise transferred in violation of the provisions of this chapter. **(d)** Every license issued under this chapter shall be subject to the right of recapture or control reserved by [section 2138 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2138&num=0&edition=prelim), and to all of the other provisions of this chapter, now or hereafter in effect and to all valid rules and regulations of the Commission.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2233

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2272 — Violation of specific sections

**(a)** Whoever willfully violates, attempts to violate, or conspires to violate, any provision of sections 11 So in original. Probably should be “section”. 2077 or 2131 of this title, or whoever unlawfully interferes, attempts to interfere, or conspires to interfere with any recapture or entry under [section 2138 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2138&num=0&edition=prelim), shall, upon conviction thereof, be punished by a fine of not more than $10,000 or by imprisonment for not more than ten years, or both, except that whoever commits such an offense with intent to injure the United States or with intent to secure an advantage to any foreign nation shall, upon conviction thereof, be punished by imprisonment for life, or by imprisonment for any term of years or a fine of not more than $20,000 or both. **(b)** Any person who violates, or attempts or conspires to violate, [section 2122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2122&num=0&edition=prelim) shall be fined not more than $2,000,000 and sentenced to a term of imprisonment not less than 25 years or to imprisonment for life. Any person who, in the course of a violation of [section 2122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2122&num=0&edition=prelim), uses, attempts or conspires to use, or possesses and threatens to use, any atomic weapon shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or imprisoned for life. If the death of another results from a person’s violation of [section 2122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2122&num=0&edition=prelim), the person shall be fined

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2272

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5815 — Abolition and transfers

**(a) Abolition of Atomic Energy Commission** The Atomic Energy Commission is hereby abolished. Sections 2031 and 2032 of this title are repealed. **(b) Transfer or lapse of functions of Atomic Energy Commission** All other functions of the Commission, the Chairman and members of the Commission, and the officers and components of the Commission are hereby transferred or allowed to lapse pursuant to the provisions of this chapter. **(c) Functions of Atomic Energy Commission transferred to Administrator** There are hereby transferred to and vested in the Administrator all functions of the Atomic Energy Commission, the Chairman and members of the Commission, and the officers and components of the Commission, except as otherwise provided in this chapter. **(d) Transfer of General Advisory Committee, Patent Compensation Board, and Divisions of Military Application and Naval Reactors to Administration** The General Advisory Committee established pursuant to section 2036 11 See References in Text note below. of this title, the Patent Compensation Board established pursuant to [section 2187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2187&num=0&edition=prelim), and the Divisions of Military Application and Naval Reactors established pursuant to [section 2035 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2035&num=0&edition=prelim), are transferred to the Energy Research and Development Administration and the functions of the Commission with respect thereto, and with respect to relations with the Military Liaison Committee established by section 2037 1 of this title, are transferred to the Administrator. **(e) Transfer to Administrator of certain functions of Secretary of the Interior

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5815

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2138 — Suspension of licenses during war or na-

Page 5431 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2139 ‘‘(b) The Nuclear Regulatory Commission is author- ized and directed to undertake a study of the feasibility and value of licensing, under section 107 of the Atomic Energy Act of 1954 [this section], plant managers of uti- lization facilities and senior licensee officers respon- sible for operation of such facilities. The Commission shall report to the Congress within six months of the date of enactment of this Act [June 30, 1980] on the findings and recommendations of the study required by this subsection, and shall expeditiously implement each such recommendation not requiring legislative en- actment.’’ § 2138. Suspension of licenses during war or na- tional emergency Whenever the Congress declares that a state of war or national emergency exists, the Commis- sion is authorized to suspend any licenses grant- ed under this chapter if in its judgment such ac- tion is necessary to the common defense and se- curity. The Commission is authorized during such period, if the Commission finds it nec- essary to the common defense and security, to order the recapture of any special nuclear mate- rial or to order the operation of any facility li- censed 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 ma- terial, or to operate such facility. Just com- pensation shall be paid for any damages caused by the recapture of any special nuclear material or by the operation of any such facility. (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; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 29

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2138

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.