§ 4882. Industrial mobilization: orders; priorities; possession of manufacturing plants; violations

Statutory text

Ordering Authority.—

In time of war or when war is imminent, the President, through the head of any department, may order from any person or organized manufacturing industry necessary products or materials of the type usually produced or capable of being produced by that person or industry.

Compliance With Order Required.—

A person or industry with whom an order is placed under subsection (a), or the responsible head thereof, shall comply with that order and give it precedence over all orders not placed under that subsection.

Seizure of Manufacturing Plants Upon Noncompliance.—

In time of war or when war is imminent, the President, through the head of any department, may take immediate possession of any plant that is equipped to manufacture, or that in the opinion of the head of that department is capable of being readily transformed into a plant for manufacturing, arms or ammunition, parts thereof, or necessary supplies for the armed forces if the person or industry owning or operating the plant, or the responsible head thereof, refuses—

to give precedence to the order as prescribed in subsection (b);

to manufacture the kind, quantity, or quality of arms or ammunition, parts thereof, or necessary supplies, as ordered by the head of such department; or

to furnish them at a reasonable price as determined by the head of such department.

Use of Seized Plant.—

The President, through the head of any department, may manufacture products that are needed in time of war or when war is imminent, in any plant that is seized under subsection (c).

Compensation Required.—

Each person or industry from whom products or materials are ordered under subsection (a) is entitled to fair and just compensation. Each person or industry whose plant is seized under subsection (c) is entitled to a fair and just rental.

Criminal Penalty.—

Whoever fails to comply with this section shall be imprisoned for not more than three years and fined under title 18.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1993
Pub. L. 103–160 div. A title VIII § 822(a)(1) · 107 Stat. 1547
Enacted · 10 U.S.C. § 4882
Added Pub. L. 103–160, div. A, title VIII, § 822(a)(1), Nov. 30, 1993, 107 Stat. 1704, § 2538
Source evidence
Code source credit
Added Pub. L. 103–160, div. A, title VIII, § 822(a)(1), Nov. 30, 1993, 107 Stat. 1704, § 2538
Enacted provision · exact public law section
(1) Subchapter V of chapter 148 of title 10, United States Code, is amended by adding at the end the following new sections: “§ 2538. Industrial mobilization: orders; priorities; possession of manufacturing plants; violations “(a) Ordering Authority.— In time of war or when war is imminent, the President, through the Secretary of Defense, may order from any person or organized manufacturing industry necessary products or materials of the type usually produced or capable of being produced by that person or industry. “(b) Compliance With Order Required.— A person or industry with whom an order is placed under subsection (a), or the responsible head thereof, shall comply with that order and give it precedence over all orders not placed under that subsection. “(c) Seizure of Manufacturing Plants Upon Noncompliance.— In time of war or when war is imminent, the President, through the Secretary of Defense, may take immediate possession of any plant that is equipped to manufacture, or that in the opinion of the Secretary of Defense is capable of being readily transformed into a plant for manufacturing, arms or ammunition, parts thereof, or necessary supplies for the armed forces if the person or industry owning or operating the plant, or the responsible head thereof, refuses— “(1) to give precedence to the order as prescribed in subsection (b); “(2) to manufacture the kind, quantity, or quality of arms or ammunition, parts thereof, or necessary supplies, as ordered by the Secretary; or “(3) to furnish them at a reasonable price as determined by the Secretary. “(d) Use of Seized Plant.— The President, through the Secretary of Defense, may manufacture products that are needed in time of war or when war is imminent, in any plant that is seized under subsection (c). “(e) Compensation Required.— Each person or industry from whom products or materials are ordered under subsection (a) is entitled to fair and just compensation. Each person or industry whose plant is seized under subsection (c) is entitled to a fair and just rental. “(f) Criminal Penalty.— Whoever fails to comply with this section shall be imprisoned for not more than three years and fined under title 18. “§ 2539. Industrial mobilization: plants; lists “(a) List of Plants Equipped to Manufacture Arms or Ammunition.— The Secretary of Defense may maintain a list of all privately owned plants in the United States, and the territories, Commonwealths, and possessions of the United States, that are equipped to manufacture for the armed forces arms or ammunition, or parts thereof, and may obtain complete information of the kinds of those products manufactured or capable of being manufactured by each of those plants, and of the equipment and capacity of each of those plants. “(b) List of Plants Convertible Into Ammunition Factories.— The Secretary of Defense may maintain a list of privately owned plants in the United States, and the territories, Commonwealths, and possessions of the United States, that are capable of being readily transformed into factories for the manufacture of ammunition for the armed forces and that have a capacity sufficient to warrant conversion into ammunition plants in time of war or when war is imminent, and may obtain complete information as to the equipment of each of those plants. “(c) Conversion Plans.— The Secretary of Defense may prepare comprehensive plans for converting each plant listed pursuant to subsection (b) into a factory for the manufacture of ammunition or parts thereof. “§ 2540. Industrial mobilization: Board on Mobilization of Industries Essential for Military Preparedness “The President may appoint a nonpartisan Board on Mobilization of Industries Essential for Military Preparedness, and may provide necessary clerical assistance, to organize and coordinate operations under sections 2538 and 2539 of this title.”.
1994
National Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 § 811(1) · 108 Stat. 2663
Substituted · 10 U.S.C. § 4882(a)
Pub. L. 103–337, § 811(1), substituted “head of any department” for “Secretary of Defense”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–337, § 811(1), substituted “head of any department” for “Secretary of Defense”.
Enacted provision · exact public law section
(1) by striking out “through the Secretary of Defense” each place it appears in subsections (a), (c), and (d) and inserting in lieu thereof “through the head of any department”; and
1994
National Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 § 811 · 108 Stat. 2663
1. Substituted · 10 U.S.C. § 4882(c)
  Pub. L. 103–337, § 811, substituted “through the head of any department” for “through the Secretary of Defense” in pars. (2) and (3)
2. Substituted · 10 U.S.C. § 4882(c)
  Pub. L. 103–337, § 811, substituted “opinion of the head of that department” for “opinion of the Secretary of Defense” in pars. (2) and (3)
3. Substituted · 10 U.S.C. § 4882(c)
  Pub. L. 103–337, § 811, substituted “head of such department” for “Secretary” in pars. (2) and (3)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–337, § 811, substituted “through the head of any department” for “through the Secretary of Defense” and “opinion of the head of that department” for “opinion of the Secretary of Defense” in introductory provisions and “head of such department” for “Secretary” in pars. (2) and (3).
Enacted provision · exact public law section
SEC. 811. DELEGATION OF INDUSTRIAL MOBILIZATION AUTHORITY. Section 2538 of title 10, United States Code, is amended— (1) by striking out “through the Secretary of Defense” each place it appears in subsections (a), (c), and (d) and inserting in lieu thereof “through the head of any department”; and (2) in subsection (c)— (A) by striking out “in the opinion of the Secretary of Defense” in the matter preceding paragraph (1) and inserting in lieu thereof “in the opinion of the head of that department”; and (B) by striking out “Secretary” each place it appears in paragraphs (2) and (3) and inserting in lieu thereof “head of such department”.
1994
National Defense Authorization Act for Fiscal Year 1995
Pub. L. 103–337 § 811(1) · 108 Stat. 2663
Substituted · 10 U.S.C. § 4882(d)
Pub. L. 103–337, § 811(1), substituted “head of any department” for “Secretary of Defense”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 103–337, § 811(1), substituted “head of any department” for “Secretary of Defense”.
Enacted provision · exact public law section
(1) by striking out “through the Secretary of Defense” each place it appears in subsections (a), (c), and (d) and inserting in lieu thereof “through the head of any department”; and
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title XVIII § 1870(e)(2)(A) · 134 Stat. 3388
Changed · 10 U.S.C. § 4882
Pub. L. 116–283 renumbered section 2538 of this title as this section
Source evidence
Code amendment note
Pub. L. 116–283 renumbered section 2538 of this title as this section.
Enacted provision · exact public law section
(A) In general.— Sections 2535, 2538, 2539, and 2539a of title 10, United States Code, are transferred to chapter 385 of such title, as added by subsection (a), inserted (in that order) after the table of sections at the beginning of subchapter IV, and redesignated as sections 4881, 4882, 4883, and 4884, respectively.
Effective date note
Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

7 of 7 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in sections 4501 and 9501 of this title, prior to repeal by Pub. L. 103–160, § 822(a)(2).

Amendments1994–2021 · 2 rounds

2021

Pub. L. 116–283 renumbered section 2538 of this title as this section.

1994

Subsec. (a). Pub. L. 103–337, § 811(1), substituted “head of any department” for “Secretary of Defense”.

Subsec. (c). Pub. L. 103–337, § 811, substituted “through the head of any department” for “through the Secretary of Defense” and “opinion of the head of that department” for “opinion of the Secretary of Defense” in introductory provisions and “head of such department” for “Secretary” in pars. (2) and (3).

Subsec. (d). Pub. L. 103–337, § 811(1), substituted “head of any department” for “Secretary of Defense”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Credits

1993–2021 · 3 acts

1993Added Pub. L. 103–160, div. A, title VIII, § 822(a)(1), Nov. 30, 1993, 107 Stat. 1704, § 2538
1994amended Pub. L. 103–337, div. A, title VIII, § 811, Oct. 5, 1994, 108 Stat. 2815
2021renumbered § 4882, Pub. L. 116–283, div. A, title XVIII, § 1870(e)(2)(A), Jan. 1, 2021, 134 Stat. 4286.

Show as published

(Added Pub. L. 103–160, div. A, title VIII, § 822(a)(1), Nov. 30, 1993, 107 Stat. 1704, § 2538; amended Pub. L. 103–337, div. A, title VIII, § 811, Oct. 5, 1994, 108 Stat. 2815; renumbered § 4882, Pub. L. 116–283, div. A, title XVIII, § 1870(e)(2)(A), Jan. 1, 2021, 134 Stat. 4286.)