
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC82]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
     CHAPTER 5--ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY
 
        SUBCHAPTER I--ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS
 
Sec. 82. Procurement of ships and material during war


(a) Definitions

    The word ``person'' as used in subsections (b) and (c) of this 
section shall include any individual, trustee, firm, association, 
company, or corporation. The word ``ship'' shall include any boat, 
vessel, submarine, 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 everything required 
for or in connection with the production thereof. The word ``factory'' 
shall include any factory, workshop, engine works, building used for 
manufacture, assembling, construction, or any process, and any shipyard 
or dockyard. The words ``United States'' shall include the Canal Zone 
and all territory and waters, continental and insular, subject to the 
jurisdiction of the United States.

(b) Presidential powers

    In time of war the President is authorized and empowered, in 
addition to all other existing provisions of law:
    First. Within the limits of the amounts appropriated therefor, to 
place an order with any person for such ships or war material as the 
necessities 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. Compliance 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, furnish, 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 immediate 
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 consider necessary or expedient.
    Second. Within the limit of the amounts appropriated therefor, to 
modify or cancel any existing 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 output 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
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    \1\ So in original. No subsec. (c) has been enacted.
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    Whenever the United States shall cancel or modify any contract, make 
use of, assume, occupy, requisition, or take over any factory or part 
thereof, or any ships or war material, in accordance with the provisions 
of subsection (b) of this section, it shall make just compensation 
therefor, to be determined by the President, and if the amount thereof 
so determined by the President is unsatisfactory 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.)

                       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 twenty, and section one 
hundred and forty-five of the Judicial 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 Judicial 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.


                           Similar Provisions

    Provisions similar to those in this section were contained 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, Sec. 3, 61 Stat. 451, provided that in 
the interpretation of the provisions of this section, 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 national emergencies proclaimed by the 
President on Sept. 8, 1939, and May 27, 1941.

     Ex. Ord. No. 12742. National Security Industrial Responsiveness

    Ex. Ord. No. 12742, Jan. 8, 1991, 56 F.R. 1079, 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, 
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 interest 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.
    (a) Subject to paragraph (b) of this section, the authorities vested 
in the President, under, with respect to the placing of orders for 
prompt delivery of articles or materials, except for the taking 
authority under (c), 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 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 exclusive 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 paragraph (b) of 
this section and all delegations--made prior to the effective date of 
this order under the Defense Production Act of 1950, as amended [50 App. 
U.S.C. 2061 et seq.], and under its implementing rules and regulations--
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 authorities vested 
in the President under 10 U.S.C. 4501 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 departments and agencies, officers, and employees of the 
Government. The authorities delegated in this order may be implemented 
by regulations promulgated and administered by the Secretaries of 
Agriculture, Defense, Energy, Transportation, and Commerce, 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], 10 U.S.C. 4501 and 9501 [former 
sections 4501 and 9501 of Title 10], and 50 U.S.C. 82, all rules and 
regulations issued under the Defense Production Act of 1950, as amended, 
with respect to the placing of priority orders for articles, products, 
ships, and materials, including 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 
continued 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 Federal 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 security requirements, any other official 
receiving a delegation of authority under this Executive order to place 
orders or to enforce precedence of such orders, shall exercise such 
authority within 10 calendar days of the receipt 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 
resolution 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 Director of the Federal Emergency Management Agency 
with all appropriate departments 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 benefit, substantive or procedural, enforceable at 
law by a party against the United States, its agencies, its officers, or 
any person.
                                                            George Bush.
