---
kind: "section"
citation: "42 U.S.C. § 2138"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2138"
heading: "Suspension of licenses during war or national emergency"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2138"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter IX — Atomic Energy Licenses"
---

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


Whenever the Congress declares that a [state](/usc/42/2021b.md?p=14) of war or national emergency exists, the [Commission](/usc/42/2014.md?p=f) is authorized to suspend any licenses granted under this chapter if in its judgment such action is necessary to the [common defense and security](/usc/42/2014.md?p=g). The [Commission](/usc/42/2014.md?p=f) is authorized during such period, if the [Commission](/usc/42/2014.md?p=f) finds it necessary to the [common defense and security](/usc/42/2014.md?p=g), to order the recapture of any [special nuclear material](/usc/42/2014.md?p=aa) or to order the operation of any facility licensed under section [2133](/usc/42/2133.md) or [2134](/usc/42/2134.md) 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](/usc/42/2014.md?p=aa) 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.)

## Notes

### 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”.