626 PUBLIC LAWS--O 625-JUNE 24, 1948 [62 STAT. materials, and small business shall be granted a fair share of the orders placed, exclusively for the use of the armed forces or for other Federal agencies now or hereafter designated in this section. For the purposes of this section, a business enterprise shall be determined to be "small business" if (1) its position in the trade or industry of which it is a part is not dominant, (2) the number of its employees does not exceed 500, and (3) it is independently owned and operated. ordempliance with (b) It shall be the duty of any person with whom an order is placed pursuant to the provisions of subsection (a), (1) to give such order such precedence with respect to all other orders (Government or pri- vate) theretofore or thereafter placed with such person as the Presi- dent may prescribe, and (2) to fill such order within the period of time prescribed by the President or as soon thereafter as possible. Failure to comply. (C) In 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. Fair and just con- (d) Fair and just compensation shall be paid by the United States (1) for any articles or materials furnished pursuant to an order placed under subsection (a), or (2) as rental for any plant, mine, or other facility of which possession is taken under subsection (c). arEds.pl ° mentt and - (e) Nothing contained in this section shall be deemed to render inapplicable to any plant, mine, or facility of which possession is taken pursuant to subsection (c) any State or Federal laws concerning the enl health, safety, security, or employment standards of employees. enalty. (f) Any person, or any officer of any person as defined in this sec- tion, who willfully fails or refuses to carry out any duty imposed upon him by subsection (b) of this section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than three years, or by a fine of not more than $50,000, or by both such imprisonment and fine. " Pern(g) (1) As used in this section- (A) The term "person" means any individual, firm, company, asso- " ove r n ent ciation, corporation, or other form of business organization. agency. (B) The term "Government agency" means any department, agency, independent establishment or corporation in the Executive Pl mine branch of the United States Government. oth e ftories. or (2) Forthe 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.
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