§ 4511.
(c)
Domestic energy; materials, equipment, and services
(1)
Notwithstanding any other provision of this chapter, the President may, by rule or order, require the allocation of, or the priority performance under contracts or orders (other than contracts of employment) relating to, materials, equipment, and services in order to maximize domestic energy supplies if he makes the findings required by paragraph (3) of this subsection.
(2)
The authority granted by this subsection may not be used to require priority performance of contracts or orders, or to control the distribution of any supplies of materials, services, and facilities in the marketplace, unless the President finds that—
(A)
such materials, services, and facilities are scarce, critical, and essential—
(i)
to maintain or expand exploration, production, refining, transportation;
(ii)
to conserve energy supplies; or
(iii)
to construct or maintain energy facilities; and
(B)
maintenance or expansion of exploration, production, refining, transportation, or conservation of energy supplies or the construction and maintenance of energy facilities cannot reasonably be accomplished without exercising the authority specified in paragraph (1) of this subsection.
(3)
During any period when the authority conferred by this subsection is being exercised, the President shall take such action as may be appropriate to assure that such authority is being exercised in a manner which assures the coordinated administration of such authority with any priorities or allocations established under subsection (a) of this section and in effect during the same period.
(d)
Rules; consultation among agency heads
The head of each Federal agency to which the President delegates authority under this section shall—
(1)
issue, and annually review and update whenever appropriate, final rules, in accordance with
section 553 of title 5, that establish standards and procedures by which the priorities and allocations authority under this section is used to promote the national defense, under both emergency and nonemergency conditions; and
(2)
as appropriate and to the extent practicable, consult with the heads of other Federal agencies to develop a consistent and unified Federal priorities and allocations system.
([Sept. 8, 1950, ch. 932], title I, § 101, [64 Stat. 799]; [July 31, 1951, ch. 275], title I, § 101(a), [65 Stat. 131]; [June 30, 1952, ch. 530], title I, §§ 101, 102, [66 Stat. 296], 297; [June 30, 1953, ch. 171, § 3], [67 Stat. 129]; [Pub. L. 94–163, title I, § 104(a)], Dec. 22, 1975, [89 Stat. 878]; [Pub. L. 102–99, § 6], Aug. 17, 1991, [105 Stat. 490]; [Pub. L. 111–67, § 4], Sept. 30, 2009, [123 Stat. 2009]; [Pub. L. 113–172, § 3], Sept. 26, 2014, [128 Stat. 1897].)