50 U.S.C. § 3815 — Repeals; appropriations; termination date

Page 981 TITLE 50—WAR AND NATIONAL DEFENSE § 3815 Guard Reserve, and shall include, in addition to the foregoing, the Public Health Service Reserve when serving with the armed forces. (June 24, 1948, ch. 625, title I, § 16, 62 Stat. 624; Sept. 27, 1950, ch. 1059, § 1(12), (13), 64 Stat. 1074; June 19, 1951, ch. 144, title I, § 1(v), 65 Stat. 87; Pub. L. 86–70, § 36, June 25, 1959, 73 Stat. 150; Pub. L. 86–624, § 39, July 12, 1960, 74 Stat. 422; Pub. L. 92–129, title I, § 101(a)(34), Sept. 28, 1971, 85 Stat. 353; Pub. L. 109–163, div. A, title V, § 515(g)(3)(B), Jan. 6, 2006, 119 Stat. 3236.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions, was in the original ‘‘this title’’, meaning title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to this chapter. For complete classification of title I to the Code, see Tables. CODIFICATION Section was formerly classified to section 466 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 2006—Subsec. (i). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 1971—Subsec. (g)(3). Pub. L. 92–129 inserted ‘‘bona fide’’ before ‘‘vocation’’. 1960—Subsec. (b). Pub. L. 86–624 struck out ‘‘Hawaii,’’ before ‘‘Puerto Rico’’. 1959—Subsec. (b). Pub. L. 86–70 struck out ‘‘Alaska,’’ after ‘‘District of Columbia,’’. 1951—Subsec. (b). Act June 19, 1951, brought ‘‘Guam’’ within definition of ‘‘United States’’. 1950—Subsec. (c). Act Sept. 27, 1950, § 1(12), struck out ‘‘and’’ after ‘‘Corps’’ and inserted ‘‘, and the Coast Guard’’ before the period. Subsec. (i). Act Sept. 27, 1950, § 1(13), struck out ‘‘and’’ after ‘‘Naval Reserve’’ and ‘‘, the Coast Guard Reserve’’ after ‘‘foregoing’’ and inserted ‘‘and the Coast Guard Reserve’’ after ‘‘Marine Corps Reserve’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Coast Guard transferred to Department of Transpor- tation, and functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of all other officers and offices of Department of the Treas- ury transferred to Secretary of Transportation by Pub. L. 89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89–670, however, provided that not- withstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in former section 3 (now 103) of Title 14, Coast Guard. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with cer- tain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Coast Guard, and Com- mandant of Coast Guard, excepted from transfer when Coast Guard is operating as part of Navy under former sections 1 and 3 (now 101 and 103) of Title 14, Coast Guard. Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government Or- ganization and Employees. Secretary of Health, Edu- cation, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Edu- cation. § 3815. Repeals; appropriations; termination date (a) Except as provided in this chapter all laws or any parts of laws in conflict with the provi- sions of the chapter are repealed to the extent of such conflict. (b) There are authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this chapter. All funds appropriated for the administrative ex- penses of the National Security Training Com- mission shall be appropriated directly to the Commission and all funds appropriated to pay the expenses of training carried out by the mili- tary departments designated by the Commission shall be appropriated directly to the Depart- ment of Defense. (c) Notwithstanding any other provisions of this chapter, no person shall be inducted for training and service in the Armed Forces after July 1, 1973, except persons now or hereafter de- ferred under section 3806 of this chapter after the basis for such deferment ceases to exist. (June 24, 1948, ch. 625, title I, § 17, 62 Stat. 625; June 23, 1950, ch. 351, 64 Stat. 254; June 30, 1950, ch. 445, § 1, 64 Stat. 318; June 19, 1951, ch. 144, title I, § 1(w), 65 Stat. 87; June 30, 1955, ch. 250, title I, § 102, 69 Stat. 224; Pub. L. 86–4, § 1, Mar. 23, 1959, 73 Stat. 13; Pub. L. 88–2, § 1, Mar. 28, 1963, 77 Stat. 4; Pub. L. 90–40, § 1(12), June 30, 1967, 81 Stat. 105; Pub. L. 92–129, title I, § 101(a)(35), Sept. 28, 1971, 85 Stat. 353.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to this chap- ter. For complete classification of title I to the Code, see Tables. CODIFICATION Section was formerly classified to section 467 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1971—Subsec. (c). Pub. L. 92–129 extended termination date from July 1, 1971, to July 1, 1973. 1967—Subsec. (c). Pub. L. 90–40 extended termination date from July 1, 1967, to July 1, 1971. 1963—Subsec. (c). Pub. L. 88–2 extended termination date from July 1, 1963, to July 1, 1967. 1959—Subsec. (c). Pub. L. 86–4 extended termination date from July 1, 1959, to July 1, 1963. Page 982 TITLE 50—WAR AND NATIONAL DEFENSE § 3816 1 See Transfer of Functions note below. 1955—Subsec. (c). Act June 30, 1955, extended termi- nation date from July 1, 1955, to July 1, 1959. 1951—Act June 19, 1951, amended section generally to provide for repeal of all conflicting laws, to appropriate certain funds directly to the Commission, and to pro- vide for the termination date of July 1, 1955. 1950—Subsec. (b). Acts June 23, 1950 and June 30, 1950, extended period of effectiveness for fifteen days until July 9, 1950, and again from July 9, 1950, to July 9, 1951. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1971 AMENDMENT Pub. L. 92–129, title I, § 101(a)(35), Sept. 28, 1971, 85 Stat. 353, provided in part that: ‘‘The amendment made by the preceding sentence [amending this section] shall take effect July 2, 1971.’’ TERMINATION OF NATIONAL SECURITY TRAINING COMMISSION National Security Training Commission expired June 30, 1957, pursuant to a Presidential letter on Mar. 25, 1957, following its own recommendation for its termi- nation. § 3816. Utilization of industry (a) Placement of orders; Congressional action: notification of committees of certain pro- posed payment orders, resolution of dis- approval, continuity of session, computation of period; ‘‘small business’’ defined Whenever the President after consultation with and receiving advice from the National Se- curity Resources Board 1 determines that it is in the interest of the national security for the Gov- ernment to obtain prompt delivery of any arti- cles or materials the procurement of which has been authorized by the Congress exclusively for the use of the armed forces of the United States, or for the use of the Atomic Energy Commis- sion,1 he is authorized, through the head of any Government agency, to place with any person operating a plant, mine, or other facility capa- ble of producing such articles or materials an order for such quantity of such articles or mate- rials as the President deems appropriate, except that no order which requires payments there- under in excess of $25,000,000 shall be placed with any person unless the Committees on Armed Services of the Senate and the House of Rep- resentatives have been notified in writing of such proposed order and 60 days of continuous session of Congress have expired following the date on which such notice was transmitted to such Committees and neither House of Congress has adopted, within such 60-day period, a resolu- tion disapproving such order. For purposes of the preceding sentence, the continuity of a ses- sion of Congress is broken only by an adjourn- ment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of such 60-day period. Any person with whom an order is placed pursuant to the provisions of this section shall be advised that such order is placed pursu- ant to the provisions of this section. Under any such program of national procurement, the President shall recognize the valid claim of American small business to participate in such contracts, in such manufactures, and in such distribution of 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 here- after designated in this section. For the pur- poses 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 em- ployees does not exceed 500, and (3) it is inde- pendently owned and operated. (b) Precedence of Government placed orders 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 prece- dence with respect to all other orders (Govern- ment or private) theretofore or thereafter placed with such person as the President may pre- scribe, and (2) to fill such order within the pe- riod of time prescribed by the President or as soon thereafter as possible. (c) Failure to give precedence; Government pos- session 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 pri- vate) theretofore or thereafter placed with such person as the President may have pre- scribed; (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 sub- sequently be determined to be entitled to re- ceive 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 Fair and just compensation shall be paid by the United States (1) for any articles or mate- rials furnished pursuant to an order placed under subsection (a), or (2) as rental for any plant, mine, or other facility of which posses- sion is taken under subsection (c). (e) Application of Federal and State laws gov- erning employees 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 health, safety, security, or employment standards of employees.