42 U.S.C. § 2138 — Suspension of licenses during war or national emergency
submitted 80 years ago by ch. 724 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 132 words · no verdicts yet
During a congressional declaration of war or national emergency, the Commission may suspend licenses when needed for the common defense and security. It may also recapture special nuclear material or operate licensed facilities, and must pay just compensation for resulting damage.
When Congress declares that a state* of war or national emergency exists, the Commission* may suspend licenses granted under this chapter if it judges suspension necessary for the common defense and security*. During that period, if the Commission finds it necessary for those purposes, it may order the recapture of special nuclear material or the operation of a facility licensed under section 2133 or 2134. It may order entry into a plant or facility to recapture the material or operate the facility. The government must pay just compensation for damage caused by recapturing the material or operating the facility.
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.)
- 1946Enacted · Act of Aug. 1, 1946, ch. 724 · 68 Stat. 939
- 1959Amended · Pub. L. 86-373 · 73 Stat. 691
- 1992Amended · Pub. L. 102-486 · 106 Stat. 2944
A history note hasn’t been published yet. The record shows enactment by ch. 724 on 1946-08-01.
all 0 arguments · sorted by: best
no arguments yet — make the first case