1. U.S. Code
  2. title 50
  3. chapter 55
  4. subchapter I
  5. § 4511

Collapse to view only § 4511. Priority in contracts and orders

§ 4511. Priority in contracts and orders
(a) Allocation of materials, services, and facilities
(b) Critical and strategic materials
(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 headsThe 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.)

CITE AS: 50 USC 4511

§ 4512. Hoarding of designated scarce materials

In order to prevent hoarding, no person shall accumulate (1) in excess of the reasonable demands of business, personal, or home consumption, or (2) for the purpose of resale at prices in excess of prevailing market prices, materials which have been designated by the President as scarce materials or materials the supply of which would be threatened by such accumulation. The President shall order published in the Federal Register, and in such other manner as he may deem appropriate, every designation of materials the accumulation of which is unlawful and any withdrawal of such designation. In making such designations the President may prescribe such conditions with respect to the accumulation of materials in excess of the reasonable demands of business, personal, or home consumption as he deems necessary to carry out the objectives of this chapter. This section shall not be construed to limit the authority contained in sections 4511 and 4554 of this title.

(Sept. 8, 1950, ch. 932, title I, § 102, 64 Stat. 799; July 31, 1951, ch. 275, title I, § 101(b), 65 Stat. 132.)

CITE AS: 50 USC 4512

§ 4513. Penalties

Any person who willfully performs any act prohibited, or willfully fails to perform any act required, by the provisions of this subchapter or any rule, regulation, or order thereunder, shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than one year, or both.

(Sept. 8, 1950, ch. 932, title I, § 103, 64 Stat. 799.)

CITE AS: 50 USC 4513

§ 4514. Limitation on actions without congressional authorization
(a) Wage or price controls
(b) Chemical or biological weapons
(Sept. 8, 1950, ch. 932, title I, § 104, as added Pub. L. 102–558, title I, § 112, Oct. 28, 1992, 106 Stat. 4202.)

CITE AS: 50 USC 4514

§ 4515. Presidential power to ration gasoline among classes of end-users unaffected

Nothing in this chapter shall be construed to authorize the President to institute, without the approval of the Congress, a program for the rationing of gasoline among classes of end-users.

(Sept. 8, 1950, ch. 932, title I, § 105, as added Pub. L. 96–294, title I, § 103, June 30, 1980, 94 Stat. 617.)

CITE AS: 50 USC 4515

§ 4516. Designation of energy as a strategic and critical material

For purposes of this chapter, “energy” shall be designated as a “strategic and critical material” after June 30, 1980: Provided, That no provision of this chapter shall, by virtue of such designation 1

1 So in original. Probably should be followed by a comma.
grant any new direct or indirect authority to the President for the mandatory allocation or pricing of any fuel or feedstock (including, but not limited to, crude oil, residual fuel oil, any refined petroleum product, natural gas, or coal) or electricity or any other form of energy.

(Sept. 8, 1950, ch. 932, title I, § 106, as added Pub. L. 96–294, title I, § 103, June 30, 1980, 94 Stat. 617; amended Pub. L. 111–67, § 5, Sept. 30, 2009, 123 Stat. 2009.)

CITE AS: 50 USC 4516

§ 4517. Strengthening domestic capability
(a) In general
(b) Critical components and critical technology items
(1) Maintenance of reliable sources of supply
(2) Appropriate actionFor purposes of this subsection, appropriate action may include—
(A) restricting contract solicitations to reliable sources;
(B) restricting contract solicitations to domestic sources pursuant to—
(i) section 3203(a)(1)(B) or 3204(a)(3) of title 10;
(ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41; or
(iii) other statutory authority;
(C) stockpiling critical components; and
(D) developing substitutes for a critical component or a critical technology item.
(Sept. 8, 1950, ch. 932, title I, § 107, as added Pub. L. 102–558, title I, § 111, Oct. 28, 1992, 106 Stat. 4201; amended Pub. L. 111–67, § 6, Sept. 30, 2009, 123 Stat. 2009; Pub. L. 117–81, div. A, title XVII, § 1702(k)(4), Dec. 27, 2021, 135 Stat. 2160.)

CITE AS: 50 USC 4517

§ 4518. Modernization of small business suppliers
(a) In general
(b) Modernization of equipment
(1) In general
(2) Small business suppliers
In considering proposals for subchapter II projects under paragraph (1), the President shall provide a strong preference for proposals submitted by a small business supplier or subcontractor whose proposal—
(A) has the support of the department or agency which will provide the guarantee;
(B) reflects that the small business concern has made arrangements to obtain qualified outside assistance to support the effective utilization of the advanced manufacturing equipment being proposed for installation; and
(C) meets the requirements of section 4531, 4532, or 4533 of this title.
(Sept. 8, 1950, ch. 932, title I, § 108, as added Pub. L. 102–558, title I, § 111, Oct. 28, 1992, 106 Stat. 4202.)

CITE AS: 50 USC 4518