10 U.S.C. § 4882 — Industrial mobilization: orders; priorities;

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 that for which the property was loaned, the Administrator may au- thorize the conveyance of all right, title, and interest of the United States in such property to the borrower if the borrower agrees to accept the property. The Ad- ministrator may require any additional terms and con- ditions in connection with a conveyance so authorized that the Administrator considers appropriate to pro- tect the interests of the United States.’’ § 4882. Industrial mobilization: orders; priorities; possession of manufacturing plants; viola- tions (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 usu- ally produced or capable of being produced by that person or industry. (b) COMPLIANCE WITH ORDER REQUIRED.—A per- son 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 posses- sion of any plant that is equipped to manufac- ture, or that in the opinion of the head of that department is capable of being readily trans- formed into a plant for manufacturing, arms or ammunition, parts thereof, or necessary sup- plies for the armed forces if the person or indus- try owning or operating the plant, or the respon- sible head thereof, refuses— (1) to give precedence to the order as pre- scribed 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 manu- facture 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 en- titled to a fair and just rental. (f) CRIMINAL PENALTY.—Whoever fails to com- ply with this section shall be imprisoned for not more than three years and fined under title 18. (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.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 4501 and 9501 of this title, prior to re- peal by Pub. L. 103–160, § 822(a)(2). AMENDMENTS 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 De- fense’’ in introductory provisions and ‘‘head of such de- partment’’ 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. § 4883. Industrial mobilization: plants; lists (a) LIST OF PLANTS EQUIPPED TO MANUFACTURE ARMS OR AMMUNITION.—The Secretary of De- fense 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.