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10 U.S.C. § 4882 — Industrial mobilization: orders; priorities; possession of manufacturing plants; violations
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source location: Title 10, Chapter 385, § 4882; chapter-385-other-technology-base-policies-and-programs.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2538
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement for Management Structure.—** The Secretary of Defense shall establish and implement a management structure for the procurement of contract services for the Department of Defense. The management structure shall provide, at a minimum, for the matters specified in subsections (b), (c), (d), and (e).
**(b) Policies, Procedures, and Best Practices Guidelines.—** The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary of Defense for Acquisition and Sustainment shall develop and maintain (in consultation with the service acquisition executives) policies, procedures, and best practices guidelines addressing the procurement of contract services, including policies, procedures, and best practices guidelines for—
(1) acquisition planning;
(2) solicitation and contract award;
(3) requirements development and management;
(4) contract tracking and oversight;
(5) performance evaluation; and
(6) risk management.
**(c) Personnel and Support.—** The management structure implemented pursuant to subsection (a) shall provide that the Under Secretary shall work with the service acquisition executives and other appropriate officials of the Department of Defense—
(1) to identify the critical skills and competencies needed to carry out the procurement of contract services on behalf of the Department of Defense;
(2) to develop a comprehensive strategy for recruiting, training, and deploying employees to meet the requirements for such skills and competencies; and
(3) to ensure that the military departments and Defense Agencies have staff and administrative support that are adequate to effectively perform their duties under this section and [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4501
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Federal law — U.S. Code and appendices · legal_authorities
Page 2915
TITLE 10—ARMED FORCES
§ 4883
and in par. (2) redesignated former par. (1) as subpar.
(A), former subpars. (A) to (C) as cls. (i) to (iii), and
former par. (2) as subpar. (B). See Codification note
above.
Subsec. (c). Pub. L. 102–484, § 4235(b), transferred the
text of section 452 of Title 50, War and National De-
fense, to the end of this section, designated it subsec.
(c), inserted heading, and substituted ‘‘In this section:’’
for ‘‘As used in this chapter—’’ in introductory provi-
sions. See Codification note above.
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.
TREATMENT
OF PROPERTY LOANED BEFORE DECEMBER
31, 1993 TO EDUCATIONAL INSTITUTIONS
OR TRAINING
SCHOOLS
Pub. L. 103–337, div. A, title III, § 379(b), Oct. 5, 1994,
108 Stat. 2737, provided that: ‘‘Except for property de-
termined by the Secretary of Defense to be needed by
the Department of Defense, property loaned before De-
cember 31, 1993, to an educational institution or train-
ing school under section 2535(b) of title 10, United
States Code [now 10 U.S.C. 4881(b)], or section 4(a)(7) of
the Defense Industrial Reserve Act (as in effect before
October 23, 1992 [former section 453(a)(7) of Title 50, War
and National Defense, see Codification and 1992 Amend-
ment notes above]) shall be regarded as surplus prop-
erty. Upon certification by the Secretary to the Admin-
istrator of General Services that the property is being
used by the borrowing educational institution or train-
ing school for a purpose consistent with t
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4882
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