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. 2944.) 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 prin- cipally 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’’. § 2139. Component and other parts of facilities (a) Licenses for domestic activities With respect to those utilization and produc- tion facilities which are so determined by the Commission pursuant to section 2014(v)(2) or 2014(cc)(2) of this title the Commission may issue general licenses for domestic activities re- quired to be licensed under section 2131 of this title, if the Commission determines in writing that such general licensing will not constitute an unreasonable risk to the common defense and security. (b) Export licenses After consulting with the Secretaries of State, Energy, and Commerce, the Commission is au- thorized and directed to determine which com- ponent parts as defined in section 2014(v)(2) or 2014(cc)(2) of this title and which other items or substances are especially relevant from the standpoint of export control because of their significance for nuclear explosive purposes. Ex- cept as provided in section 2155(b)(2) of this title, no such component, substance, or item which is so determined by the Commission shall be ex- ported unless the Commission issues a general or specific license for its export after finding, based on a reasonable judgment of the assur- ances provided and other information available to the Federal Government, including the Com- mission, that the following criteria or their equivalent are met: (1) IAEA safeguards as re- quired by Article III (2) of the Treaty will be ap- plied with respect to such component, sub- stance, or item; (2) no such component, sub- stance, or item will be used for any nuclear ex- plosive device or for research on or development of any nuclear explosive device; and (3) no such component, substance, or item will be retrans- ferred to the jurisdiction of any other nation or group of nations unless the prior consent of the United States is obtained for such retransfer; and after determining in writing that the issuance of each such general or specific license or category of licenses will not be inimical to the common defense and security: Provided, That a specific license shall not be required for an export pursuant to this section if the compo- nent, item or substance is covered by a facility license issued pursuant to section 2155 of this title. (c) Exports inimical to common defense and se- curity of United States The Commission shall not issue an export li- cense under the authority of subsection (b) if it is advised by the executive branch, in accord- ance with the procedures established under sec- tion 2155(a) of this title, that the export would be inimical to the common defense and security of the United States. (Aug. 1, 1946, ch. 724, title I, § 109, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 939; amended Pub. L. 87–615, § 9, Aug. 29, 1962, 76 Stat. 411; Pub. L. 89–645, § 1(b), Oct. 13, 1966, 80 Stat. 891; Pub. L. 95–242, title III, § 309(a), Mar. 10, 1978, 92 Stat. 141; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 105–277, div. G, title XII, § 1225(d)(2), Oct. 21, 1998, 112 Stat. 2681–774.) Editorial Notes AMENDMENTS 1998—Subsec. (b). Pub. L. 105–277 struck out ‘‘and the Director’’ after ‘‘Energy, and Commerce’’. 1978—Subsec. (a). Pub. L. 95–242 designated existing provisions as subsec. (a) and substituted ‘‘the Commis- sion may issue general licenses for domestic activities required to be licensed under section 2131 of this title, if the Commission determines in writing that such gen- eral licensing will not constitute an unreasonable risk to the common defense and security’’ for ‘‘the Commis- sion may (a) issue general licenses for activities re- quired to be licensed under section 2131 of this title, if the Commission determines in writing that such gen- eral licensing will not constitute an unreasonable risk to the common defense and security, and (b) issue li- censes for the export of such facilities, if the Commis- sion determines in writing that each export will not constitute an unreasonable risk to the common defense and security’’.