50 U.S.C. § 82 — Procurement of ships and material during

Page 25 TITLE 50—WAR AND NATIONAL DEFENSE § 82 Section 66, acts Feb. 8, 1889, ch. 116, 25 Stat. 657; Mar. 3, 1899, ch. 423, 30 Stat. 1073; May 26, 1900, ch. 586, 31 Stat. 216; June 28, 1950, ch. 383, title IV, § 402(e), 64 Stat. 273; Oct. 31, 1951, ch. 654, § 2(27), 65 Stat. 707, authorized issuance of condemned ordnance to State homes for soldiers and sailors. See sections 4686 and 9686 of Title 10. § 67. Transferred Editorial Notes CODIFICATION Section, acts May 22, 1896, ch. 231, 29 Stat. 133; May 26, 1928, ch. 785, 45 Stat. 773; Feb. 28, 1933, ch. 137, 47 Stat. 1369; June 19, 1940, ch. 398, § 1, 54 Stat. 491; July 31, 1947, ch. 421, 61 Stat. 707; Feb. 27, 1948, ch. 76, § 1, 62 Stat. 37; Oct. 31, 1951, ch. 654, § 2(2), 65 Stat. 706, which author- ized loans or gifts of condemned or obsolete equipment, was transferred to section 150p of former Title 5, Execu- tive Departments and Government Officers and Em- ployees, and subsequently repealed and reenacted as section 2572 of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, §§ 1, 53, 70A Stat. 143, 641. §§ 68 to 71. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641 Section 68, acts Mar. 4, 1909, ch. 319, § 47, 35 Stat. 1075; June 28, 1950, ch. 383, title IV, § 402(i), 64 Stat. 273; Oct. 31, 1951, ch. 654, § 2(28), 65 Stat. 708, authorized sale of obsolete ordnance for public parks, public buildings and soldiers’ monuments purposes. See sections 4684 and 9684 of Title 10, Armed Forces. Section 69, act Mar. 2, 1905, ch. 1307, 33 Stat. 841, au- thorized sale of individual pieces of armament. See sec- tion 2574 of Title 10. Section 70, acts Mar. 3, 1909, ch. 252, 35 Stat. 751; June 28, 1950, ch. 383, title IV, § 402(h), 64 Stat. 273, authorized sale of ordnance property to officers of the Navy and Marine Corps. See section 4625 and 9625 of Title 10. Section 71, act Mar. 3, 1909, ch. 252, 35 Stat. 750, au- thorized sale of ordnance stores to civilian employees of Army and to American National Red Cross. See sec- tions 4625 and 9625 of Title 10. § 72. Repealed. May 1, 1937, ch. 146, § 5(i), 50 Stat. 126 Section, act Aug. 29, 1916, ch. 418, § 1, 39 Stat. 643, re- lated to sale of ordnance and stores to Cuba. § 73. Repealed. Aug. 1, 1953, ch. 305, title VI, § 645, 67 Stat. 357 Section, act Apr. 23, 1904, ch. 1485, 33 Stat. 276, related to disposition of proceeds from sales of serviceable ord- nance and stores. See sections 2208 and 2210 of Title 10, Armed Forces. §§ 74 to 81. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641 Section 74, act Jan. 22, 1923, ch. 28, 42 Stat. 1142, pro- vided that net proceeds of sales of useless ordnance ma- terial by Navy Department should be covered into Treasury as ‘‘Miscellaneous receipts’’. See section 8763 of Title 10, Armed Forces. Section 75, act Aug. 24, 1912, ch. 391, § 1, 37 Stat. 589, related to payment for transfers of ordnance or stores to bureaus or departments. Section 76, act June 20, 1878, ch. 359, § 1, 20 Stat. 223, authorized private use of a machine for testing iron and steel. Section 77, acts Mar. 3, 1885, ch. 360, 23 Stat. 502; May 29, 1928, ch. 901, par. 27, 45 Stat. 988, regulated tests of iron and steel and other materials for industrial pur- poses. Section 78, act June 3, 1916, ch. 134, § 123, 39 Stat. 215, related to gauges, dies, and tools for manufacture of arms. Section 79, act June 3, 1916, ch. 134, § 124, 39 Stat. 215, related to nitrate plants. Section 80, act June 3, 1916, ch. 134, § 120, 39 Stat. 213, 214, related to procurement of war material and mobili- zation of industries. See sections 4882 to 4884, 4892, and 4971 of Title 10. Section 81, act May 14, 1928, ch. 544, 45 Stat. 509, au- thorized Secretary of War to secure assistance, when- ever practicable, of Geological Survey, Coast and Geo- detic Survey, or other mapping agencies of the Govern- ment in execution of military surveys and maps. Provi- sions similar to former section 81 were contained in the following appropriation acts: Mar. 23, 1928, ch. 232, title I, 45 Stat. 342. Feb. 23, 1927, ch. 167, title I, 44 Stat. 1123. Apr. 15, 1926, ch. 146, title I, 44 Stat. 273. Feb. 12, 1925, ch. 225, title I, 43 Stat. 911. June 7, 1924, ch. 291, title I, 43, Stat. 496. Mar. 2, 1923, ch. 178, title I, 42 Stat. 1402. June 30, 1922, ch. 253, title I, 42 Stat. 741. § 82. Procurement of ships and material during war (a) Definitions The word ‘‘person’’ as used in subsections (b) and (c) shall include any individual, trustee, firm, association, company, or corporation. The word ‘‘ship’’ shall include any boat, vessel, sub- marine, or any form of aircraft, and the parts thereof. The words ‘‘war material’’ shall include arms, armament, ammunition, stores, supplies, and equipment for ships and airplanes, and ev- erything required for or in connection with the production thereof. The word ‘‘factory’’ shall in- clude any factory, workshop, engine works, building used for manufacture, assembling, con- struction, or any process, and any shipyard or dockyard. The words ‘‘United States’’ shall in- clude the Canal Zone and all territory and wa- ters, continental and insular, subject to the ju- risdiction of the United States. (b) Presidential powers In time of war the President is authorized and empowered, in addition to all other existing pro- visions of law: First. Within the limits of the amounts appro- priated therefor, to place an order with any per- son for such ships or war material as the neces- sities of the Government, to be determined by the President, may require and which are of the nature, kind, and quantity usually produced or capable of being produced by such person. Com- pliance with all such orders shall be obligatory on any person to whom such order is given, and such order shall take precedence over all other orders and contracts theretofore placed with such person. If any person owning, leasing, or operating any factory equipped for the building or production of ships or war material for the Navy shall refuse or fail to give to the United States such preference in the execution of such an order, or shall refuse to build, supply, fur- nish, or manufacture the kind, quantity, or quality of ships or war material so ordered at such reasonable price as shall be determined by the President, the President may take imme- diate possession of any factory of such person, or of any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may con- sider necessary or expedient. Second. Within the limit of the amounts ap- propriated therefor, to modify or cancel any ex- Page 26 TITLE 50—WAR AND NATIONAL DEFENSE § 82 1 So in original. No subsec. (c) has been enacted. isting contract for the building, production, or purchase of ships or war material; and if any contractor shall refuse or fail to comply with the contract as so modified the President may take immediate possession of any factory of such contractor, or any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient. Third. To require the owner or occupier of any factory in which ships or war material are built or produced to place at the disposal of the United States the whole or any part of the out- put of such factory, and, within the limit of the amounts appropriated therefor, to deliver such output or parts thereof in such quantities and at such times as may be specified in the order at such reasonable price as shall be determined by the President. Fourth. To requisition and take over for use or operation by the Government any factory, or any part thereof without taking possession of the entire factory, whether the United States has or has not any contract or agreement with the owner or occupier of such factory. (d) 1 Compensation for commandeered material Whenever the United States shall cancel or modify any contract, make use of, assume, oc- cupy, requisition, or take over any factory or part thereof, or any ships or war material, in ac- cordance with the provisions of subsection (b), it shall make just compensation therefor, to be de- termined by the President, and if the amount thereof so determined by the President is unsat- isfactory to the person entitled to receive the same, such person shall be paid fifty per centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum as added to said fifty per centum shall make up such amount as will be just compensation therefor, in the manner provided for by section 1346 or section 1491 of title 28. (Mar. 4, 1917, ch. 180, 39 Stat. 1192.) Editorial Notes REFERENCES IN TEXT For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of Title 22, Foreign Relations and Intercourse. CODIFICATION In subsec. (d), ‘‘section 1346 or section 1491 of title 28’’ substituted for ‘‘section twenty-four, paragraph twen- ty, and section one hundred and forty-five of the Judi- cial Code’’ (those sections classified to sections 41(20) and 250 of former Title 28, Judicial Code and Judiciary) on authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judi- cial Procedure. Section 1346 of Title 28 sets forth the basic jurisdiction of the district courts in cases in which the United States is defendant. Section 1491 of Title 28 sets forth the basic jurisdiction of the United States Court of Claims. Sections 24(20) and 145 of the Judicial Code were also classified to sections 1496, 1501, 1503, 2401, 2402, and 2501 of Title 28. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Provisions similar to those in this section were con- tained in the Naval Appropriation Act, 1918, act July 1, 1918, ch. 114, 40 Stat. 719, which terminated six months after the treaty of peace between the United States and Germany (Oct. 18, 1921). TERMINATION OF WAR AND EMERGENCIES Act July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of the provisions of this sec- tion, which authorized the President to acquire, through construction or conversion, ships, landing craft, and other vessels, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the na- tional emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941. Executive Documents EX. ORD. NO. 12742. NATIONAL SECURITY INDUSTRIAL RESPONSIVENESS Ex. Ord. No. 12742, Jan. 8, 1991, 56 F.R. 1079, as amend- ed by Ex. Ord. No. 13286, § 36, Feb. 28, 2003, 68 F.R. 10625, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including 50 U.S.C. App. 468 [now 50 U.S.C. 3816], 10 U.S.C. 4501 and 9501 [former sections 4501 and 9501 of Title 10, Armed Forces], and 50 U.S.C. 82, it is hereby ordered as follows: SECTION 101. Policy. The United States must have the capability to rapidly mobilize its resources in the in- terest of national security. Therefore, to achieve prompt delivery of articles, products, and materials to meet national security requirements, the Government may place orders and require priority performance of these orders. SEC. 102. Delegation of Authority under 50 U.S.C. App. 468 [now 50 U.S.C. 3816]. (a) Subject to paragraph (b) of this section, the au- thorities vested in the President, under 50 U.S.C. App. 468 [now 50 U.S.C. 3816], with respect to the placing of orders for prompt delivery of articles or materials, ex- cept for the taking authority under (c), are hereby dele- gated to: (1) The Secretary of Agriculture with respect to all food resources; (2) the Secretary of Energy with respect to all forms of energy; (3) the Secretary of Transportation with respect to all forms of civil transportation; and (4) the Secretary of Commerce with respect to all other articles and materials, including construction materials. (b) The authorities delegated by paragraph (a) of this section shall be exercised only after: (1) a determination by the Secretary of Defense that prompt delivery of the articles or materials for the ex- clusive use of the armed forces of the United States is in the interest of national security, or (2) a determination by the Secretary of Energy that the prompt delivery of the articles or materials for the Department of Energy’s atomic energy programs is in the interest of national security. (c) All determinations of the type described in para- graph (b) of this section and all delegations—made prior to the effective date of this order under the De- fense Production Act of 1950, as amended [50 U.S.C. 4501 et seq.], and under its implementing rules and regula- tions—shall be continued in effect, including but not limited to approved programs listed under the Defense Priorities and Allocations System (15 CFR Part 700). SEC. 103. Delegation of Authority under 10 U.S.C. 4501 and 9501, and 50 U.S.C. 82. (a) Subject to paragraph (b) of this section, the au- thorities vested in the President under 10 U.S.C. 4501 Page 27 TITLE 50—WAR AND NATIONAL DEFENSE § 96 and 9501 [former sections 4501 and 9501 of Title 10] with respect to the placing of orders for necessary products or materials, and under 50 U.S.C. 82 with respect to the placing of orders for ships or war materials, except for the taking authority vested in the President by these acts, are hereby delegated to: (1) the Secretary of Agriculture with respect to all food resources; (2) the Secretary of Energy with respect to all forms of energy; (3) the Secretary of Transportation with respect to all forms of civil transportation; and (4) the Secretary of Commerce with respect to all other products and materials, including construction materials. (b) The authorities delegated in paragraph (a) of this section may be exercised only after the President has made the statutorily required determination. SEC. 104. Implementation. (a) The authorities delegated under sections 102 and 103 of this order shall include the power to redelegate such authorities, and the power of successive redelegation of such authorities, to depart- ments and agencies, officers, and employees of the Gov- ernment. The authorities delegated in this order may be implemented by regulations promulgated and ad- ministered by the Secretaries of Agriculture, Defense, Energy, Transportation, Homeland Security, and Com- merce, and the Director of the Federal Emergency Management Agency, as appropriate. (b) All departments and agencies delegated authority under this order are hereby directed to amend their rules and regulations as necessary to reflect the new authorities delegated herein that are to be relied upon to carry out their functions. To the extent authorized by law, including 50 U.S.C. App. 486 [468] [now 50 U.S.C. 3816], 10 U.S.C. 4501 and 9501 [former sections 4501 and 9501 of Title 10], and 50 U.S.C. 82, all rules and regula- tions issued under the Defense Production Act of 1950, as amended, with respect to the placing of priority or- ders for articles, products, ships, and materials, includ- ing war materials, shall be deemed, where appropriate, to implement the authorities delegated by sections 102 and 103 of this order, and shall remain in effect until amended or revoked by the respective Secretary. All orders, regulations, and other forms of administrative actions purported to have been issued, taken, or contin- ued in effect pursuant to the Defense Production Act of 1950, as amended, shall, until amended or revoked by the respective Secretaries or the Director of the Fed- eral Emergency Management Agency, as appropriate, remain in full force and effect, to the extent supported by any law or any authority delegated to the respective Secretary or the Director pursuant to this order. (c) Upon the request of the Secretary of Defense with respect to particular articles, products, or materials that are determined to be needed to meet national se- curity requirements, any other official receiving a dele- gation of authority under this Executive order to place orders or to enforce precedence of such orders, shall ex- ercise such authority within 10 calendar days of the re- ceipt of the request; provided, that if the head of any department or agency having delegated responsibilities hereunder disagrees with a request of the Secretary of Defense, such department or agency head shall, within 10 calendar days from the receipt of the request, refer the issue to the Assistant to the President for National Security Affairs, who shall ensure expeditious resolu- tion of the issue. (d) Proposed department and agency regulations and procedures to implement the delegated authority under this order, and any new determinations made under sections 102(b)(1) or (2), shall be coordinated by the Sec- retary of Homeland Security with all appropriate de- partments and agencies. SEC. 105. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to create any right or ben- efit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its offi- cers, or any person. §§ 83 to 85. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641 Section 83, act May 29, 1928, ch. 853, § 1, 45 Stat. 928, related to ammunition for use of Army and Navy, stor- age and dispersal, control by a joint board of officers. See section 172 of Title 10, Armed Forces. Section 84, act Mar. 3, 1875, ch. 133, § 1, 18 Stat. 455, re- lated to expenditure at armories for perfection of pat- entable inventions. Section 85, act Mar. 3, 1921, ch. 128, § 6, 41 Stat. 1352, authorized Secretary of War to proceed with installa- tion of guns and howitzers. §§ 86 to 88. Omitted Editorial Notes CODIFICATION Sections 86 to 88, act Feb. 15, 1936, ch. 74, §§ 1–3, 49 Stat. 1140, related to conservation of domestic sources of tin, and were superseded by the Export Control Act of 1949 (former sections 2021 to 2032 of the former Ap- pendix to this title) pursuant to section 10 of that Act (former section 2030 of the former Appendix to this title). The act of Feb. 15, 1936 was subsequently super- seded by the Export Administration Act of 1969 (former sections 2401 to 2413 of the former Appendix to this title) pursuant to section 12 of that Act (former section 2411 of the former Appendix to this title). See, also, the Export Control Reform Act of 2018, which is classified principally to chapter 58 (§ 4801 et seq.) of this title. Section 86, act Feb. 15, 1936, ch. 74, § 1, 49 Stat. 1140, related to conservation of domestic resources of tin. Section 87, act Feb. 15, 1936, ch. 74, § 2, 49 Stat. 1140, related to prohibition of exportation except on license. Section 88, act Feb. 15, 1936, ch. 74, § 3, 49 Stat. 1140, related to penalties for violations of sections 86 and 87 of this title. SUBCHAPTER II—EDUCATION AND EXPERI- MENTATION IN DEVELOPMENT OF MUNI- TIONS AND MATERIALS FOR NATIONAL DEFENSE §§ 91 to 94. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641 Section 91, act June 16, 1938, ch. 458, § 1, 52 Stat. 707, authorized Secretary of War to place educational or- ders for munitions of special or technical design. Section 92, act June 16, 1938, ch. 458, § 2, 52 Stat. 708, related to production equipment. Section 93, act June 16, 1938, ch. 458, § 3, 52 Stat. 708, placed certain limitations on number of orders. Section 94, acts June 16, 1938, ch. 458, § 4, 52 Stat. 708; Apr. 3, 1939, ch. 35, § 13, 53 Stat. 560, related to avail- ability of appropriations for purposes of sections 91 to 94 of this title. § 95. Omitted Editorial Notes CODIFICATION Section, act June 30, 1938, ch. 852, 52 Stat. 1255, au- thorized an appropriation of $2,000,000 to remain until expended for purpose of rotary-wing and other aircraft research, development, procurement, experimentation, and operation for service testing. § 96. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641 Section, act July 15, 1939, ch. 283, 53 Stat. 1042, related to purchase by Secretary of War of equipment for ex- perimental and test purposes. See section 4023 of Title 10, Armed Forces.