Sec. 101. ### (a)
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## Sec. 101 ###
(a)The President is hereby authorized
(1)to require that performance under contracts or orders (other than contracts of employment) which he deems necessary or appropriate to promote the national defense shall take priority over performance under any other contract or order, and, for the purpose of assuring such priority, to require acceptance and performance of such contracts or orders in preference to other contracts or orders by any person he finds to be capable of their performance, and
(2)to allocate materials, services, and facilities in such manner, upon such conditions, and to such extent as he shall deem necessary or appropriate to promote the national defense. ###
(b)The powers granted in this section shall not be used to control the general distribution of any material in the civilian market unless the President finds
(1)that such material is a scarce and critical material essential to the national defense, and
(2)that the requirements of the national defense for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship. ### (c)5 ####
(1)Notwithstanding any other provision of this Act, 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. 5Subsection
(c)of sec. 101 was added by Public Law 94–163, the Energy Policy and Conservation Act of Dec. 22, 1975, sec. 104(a), 89 Stat. 878. Sec. 104(b) of Public Law 94–163 (50 U.S.C. 4511 note) provides as follows: ``(b) The expiration of the Defense Production Act of 1950 or any amendment of such Act after the date of enactment of this Act shall not affect the authority of the President under section 101(c) of such Act, as amended by subsection
(a)of this section and in effect on the date of enactment of this Act, unless Congress by law expressly provides to the contrary.''. #### (2)6 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— 6Section 6(3) of P.L. 102–99 amended section 101 by striking paragraphs
(2)and
(3)and inserting a new paragraph (2). The amendment probably should have been made to subsection
(c)of section 101. #####
(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)7 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. 7Section 6(4) of P.L. 102–99 amended section 101 by redesignating paragraph
(4)as (3). The amendment probably should have been made to subsection
(c)of section 101. ###
(d)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, United States Code, 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. **[**[50 U.S.C. 4511](/us/usc/t50/s4511)**]**
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- Pub. L. 94-163
- 89 Stat. 878
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