10 U.S.C. § 4882 — Industrial mobilization: orders; priorities; possession of manufacturing plants; violations

submitted 33 years ago by Pub. L. 103-160 to r/title-10-ARMED-FORCES · 338 words · no verdicts yet

in plain englishAI-generated · not legal advice

In war or when war is imminent, the President may order necessary products and materials from manufacturers. Orders receive priority; plants may be taken after refusal; compensation and a criminal penalty apply.

(a) Through a department head, the President may order necessary products or materials from any person or organized manufacturing industry able or accustomed to make them. (b) The recipient must comply and give the order priority over all others. (c) In war or imminent war, the President may immediately possess a plant equipped, or readily convertible, to make arms, ammunition, parts, or necessary supplies if the owner, operator, or responsible head refuses priority, refuses the required kind, quantity, or quality, or refuses a reasonable price set by the department head. (d) The President may make needed products in a seized plant. (e) Ordered persons or industries receive fair and just compensation; owners of seized plants receive fair and just rent. (f) A violator may be imprisoned up to three years and fined under title 18.

the actual law source: uscode.house.gov ↗public domain

(a)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.

(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 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—

(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 head of such department; or

(3)

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

(d)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).

(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.

Source credit: (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.)

history & why it existsrecord from the source credit

1993Enacted · Pub. L. 103-160 · 107 Stat. 1704
1994Amended · Pub. L. 103-337 · 108 Stat. 2815
2021Amended · Pub. L. 116-283 · 134 Stat. 4286

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-160 on 1993-11-30.

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