Title 42The Public Health and WelfareRelease 119-73

§5911 Acquisition of essential materials

Title 42 › Chapter CHAPTER 74— - NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT › § 5911

Last updated Apr 6, 2026|Official source

Summary

The President can require scarce, critical materials and equipment to be set aside or supplied under contracts (not employment contracts) if he finds they are essential to carry out this chapter and can't be obtained without this power. Such orders are treated as major rules under chapter 8 of Title 5.

Full Legal Text

Title 42, §5911

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The President may, by rule or order, require the allocation of, or the performance under contracts or orders (other than contracts of employment) relating to, supplies of materials and equipment if he finds that—
(1)such supplies are scarce, critical, and essential to carry out the purposes of this chapter; and
(2)such supplies cannot reasonably be obtained without exercising the authority granted by this section.
(b)A rule or order under subsection (a) shall be considered to be a major rule subject to chapter 8 of title 5.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2005—Subsec. (b). Pub. L. 109–58 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The President shall transmit any rule or order proposed under subsection (a) of this section (bearing an identification number) to each House of Congress on the date on which it is proposed. If such proposed rule or order is transmitted to the Congress such proposed rule or order shall take effect at the end of the first period of thirty calendar days of continuous session of Congress after the date on which such proposed rule or order is transmitted to it unless, between the date of transmittal and the end of the thirty day period, either House passes a resolution stating in substance that such House does not favor such a proposed rule or order.”

Reference

Citations & Metadata

Citation

42 U.S.C. § 5911

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73