§4882 — Title 10 Armed Forces | U.S. Code

§4882 Industrial mobilization: orders; priorities; possession of manufacturing plants; violations

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART V— - ACQUISITION › Subpart Subpart I— - Defense Industrial Base › Chapter CHAPTER 385— - OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS › Subchapter SUBCHAPTER IV— - DEFENSE INDUSTRIAL RESERVE AND INDUSTRIAL MOBILIZATION › § 4882

Last updated Apr 6, 2026|Official source

Summary

During a war or when war is about to start, the President, acting through a cabinet department head, can order a person or a factory to make products or materials they usually make or could make. The owner or person in charge must follow that order and put it ahead of any other orders not given under this authority. If the owner refuses to give the order priority, to make the kind, amount, or quality ordered, or to sell at a price the department head calls reasonable, the President through that department head can take immediate control of a plant that makes or can be changed to make arms, ammunition, parts, or other needed supplies. The government may then use that plant to produce what is needed. People or companies ordered to make goods must receive fair and just payment. Owners of seized plants must receive fair and just rental. Failure to follow these rules can lead to up to three years in jail and fines under Title 18.

Title 10, §4882

Armed Forces — Source: USLM XML via OLRC

(a)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)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)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)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)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)Whoever fails to comply with this section shall be imprisoned for not more than three years and fined under title 18.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 4501 and 9501 of this title, prior to repeal 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 Defense” in introductory provisions and “head of such department” 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 AmendmentAmendment 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.