§ 4884. Industrial mobilization: Board on Mobilization of Industries Essential for Military Preparedness

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.

1. 1993

   Pub. L. 103–160 div. A title VIII § 822(a)(1) · 107 Stat. 1547

   Enacted · 10 U.S.C. § 4884

   Added Pub. L. 103–160, div. A, title VIII, § 822(a)(1), Nov. 30, 1993, 107 Stat. 1705, § 2540

   Source evidence

   Code source credit
   Added Pub. L. 103–160, div. A, title VIII, § 822(a)(1), Nov. 30, 1993, 107 Stat. 1705, § 2540

   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.”.

2. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title X § 1070(a)(13)(A) · 108 Stat. 2663

   Changed · 10 U.S.C. § 4884

   Pub. L. 103–337 renumbered section 2540 of this title as section 2539a

   Source evidence

   Code amendment note
   Pub. L. 103–337 renumbered section 2540 of this title as section 2539a.

   Enacted provision · exact public law section
   (A) Section 2540, as added by subsection (a) of section 822 of Public Law 103–160 (107 Stat. 1705), and section 2541, as added by subsection (b) of that section, are redesignated as sections 2539a and 2539b, respectively.

3. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1870(e)(2)(B) · 134 Stat. 3388

   Substituted · 10 U.S.C. § 4884

   Pub. L. 116–283, § 1870(e)(2)(B), substituted “sections 4882 and 4883” for “sections 2538 and 2539”

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1870(e)(2)(B), substituted “sections 4882 and 4883” for “sections 2538 and 2539”.

   Enacted provision · exact public law section
   (B) Cross-reference amendment.— Section 4884 of such title, as so transferred and redesignated, is amended by striking “sections 2538 and 2539” and inserting “sections 4882 and 4883”.

   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.

4. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1870(e)(2)(A) · 134 Stat. 3388

   Changed · 10 U.S.C. § 4884

   Pub. L. 116–283, § 1870(e)(2)(A), renumbered section 2539a of this title as this section

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1870(e)(2)(A), renumbered section 2539a 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.

4 of 4 references resolved to an enrolled provision