View all text of Chapter 49 [§ 3801 - § 3820]
§ 3816. Utilization of industry
(a) Placement of orders; Congressional action: notification of committees of certain proposed payment orders, resolution of disapproval, continuity of session, computation of period; “small business” defined
(b) Precedence of Government placed orders
(c) Failure to give precedence; Government possessionIn case any person with whom an order is placed pursuant to the provisions of subsection (a) refuses or fails—
(1) to give such order such precedence with respect to all other orders (Government or private) theretofore or thereafter placed with such person as the President may have prescribed;
(2) to fill such order within the period of time prescribed by the President or as soon thereafter as possible as determined by the President;
(3) to produce the kind or quality of articles or materials ordered; or
(4) to furnish the quantity, kind, and quality of articles or materials ordered at such price as shall be negotiated between such person and the Government agency concerned; or in the event of failure to negotiate a price, to furnish the quantity, kind, and quality of articles or materials ordered at such price as he may subsequently be determined to be entitled to receive under subsection (d);
the President is authorized to take immediate possession of any plant, mine, or other facility of such person and to operate it, through any Government agency, for the production of such articles or materials as may be required by the Government.
(d) Payment of compensation by United States
(e) Application of Federal and State laws governing employees
(f) Penalties
(g) “Person” and “Government agency” defined
(1) As used in this section—
(A) The term “person” means any individual, firm, company, association, corporation, or other form of business organization.
(B) The term “Government agency” means any department, agency, independent establishment, or corporation in the Executive branch of the United States Government.
(2) For the purposes of this section, a plant, mine, or other facility shall be deemed capable of producing any articles or materials if it is then producing or furnishing such articles or materials or if the President after consultation with and receiving advice from the National Security Resources Board determines that it can be readily converted to the production or furnishing of such articles or materials.
(h) Rules and regulations governing steel industry; mandatory
(June 24, 1948, ch. 625, title I, § 18, 62 Stat. 625; Pub. L. 93–155, title VIII, § 807(d), Nov. 16, 1973, 87 Stat. 616; Pub. L. 101–510, div. A, title XIII, § 1303(c), Nov. 5, 1990, 104 Stat. 1669.)