50 U.S.C. § 4555 — Untitled legal text

Page 1131 TITLE 50—WAR AND NATIONAL DEFENSE § 4555 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade. § 4555. Investigations; records; reports; sub- poenas; right to counsel (a) Authority of President to obtain information; enforcement of subpoenas The President shall be entitled, while this chapter is in effect and for a period of two years thereafter, by regulation, subpoena, or other- wise, to obtain such information from, require such reports and the keeping of such records by, make such inspection of the books, records, and other writings, premises or property of, and take the sworn testimony of, and administer oaths and affirmations to, any person as may be nec- essary or appropriate, in his discretion, to the enforcement or the administration of this chap- ter and the regulations or orders issued there- under. The authority of the President under this section includes the authority to obtain infor- mation in order to perform industry studies as- sessing the capabilities of the United States in- dustrial base to support the national defense. The President shall issue regulations insuring that the authority of this subsection will be uti- lized only after the scope and purpose of the in- vestigation, inspection, or inquiry to be made have been defined by competent authority, and it is assured that no adequate and authoritative data are available from any Federal or other re- sponsible agency. In case of contumacy by, or refusal to obey a subpoena served upon, any per- son referred to in this subsection, the district court of the United States for any district in which such person is found or resides or trans- acts business, upon application by the Presi- dent, shall have jurisdiction to issue an order re- quiring such person to appear and give testi- mony or to appear and produce documents, or both; and any failure to obey such order of the court may be punished by such court as a con- tempt thereof. (b) Production of documentary evidence; reim- bursement of witnesses The production of a person’s books, records, or other documentary evidence shall not be re- quired at any place other than the place where such person usually keeps them, if, prior to the return date specified in the regulations, sub- poena, or other document issued with respect thereto, such person furnishes the President with a true copy of such books, records, or other documentary evidence (certified by such person under oath to be a true and correct copy) or en- ters into a stipulation with the President as to the information contained in such books, records, or other documentary evidence. Wit- nesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (c) Performance of prohibited act or failure to perform required act Any person who willfully performs any act prohibited or willfully fails to perform any act required by the above provisions of this section, 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. (d) Protection of confidentiality; sanction for vio- lation Information obtained under this section which the President deems confidential or with ref- erence to which a request for confidential treat- ment is made by the person furnishing such in- formation shall not be published or disclosed un- less the President determines that the with- holding thereof is contrary to the interest of the national defense, and any person willfully vio- lating this provision shall, upon conviction, be fined not more than $10,000, or imprisoned for not more than one year, or both. (e) Right to record of testimony and representa- tion by counsel Any person subpoenaed under this section shall have the right to make a record of his tes- timony and to be represented by counsel. (Sept. 8, 1950, ch. 932, title VII, § 705, 64 Stat. 816; July 31, 1951, ch. 275, title I, § 109(d), 65 Stat. 139; June 30, 1952, ch. 530, title I, § 117, 66 Stat. 306; June 30, 1953, ch. 171, § 9, 67 Stat. 131; Pub. L. 91–452, title II, § 251, Oct. 15, 1970, 84 Stat. 931; Pub. L. 102–558, title I, § 142, Oct. 28, 1992, 106 Stat. 4217; Pub. L. 108–195, § 4, Dec. 19, 2003, 117 Stat. 2893.) TERMINATION OF SECTION For termination of section, see section 4564(a) of this title. Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning act Sept. 8, 1950, ch. 932, 64 Stat. 798, known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see sec- tion 4501 of this title and Tables. CODIFICATION Section was formerly classified to section 2155 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 2003—Subsec. (a). Pub. L. 108–195 inserted after first sentence ‘‘The authority of the President under this section includes the authority to obtain information in order to perform industry studies assessing the capa- bilities of the United States industrial base to support the national defense.’’ 1992—Subsec. (a). Pub. L. 102–558, § 142(1), substituted ‘‘subpoena’’ for ‘‘subpena’’ in two places. Subsec. (b). Pub. L. 102–558, § 142(1), (2), redesignated subsec. (c) as (b) and substituted ‘‘subpoena’’ for ‘‘sub- pena’’. Subsec. (c). Pub. L. 102–558, § 142(2), (3), redesignated subsec. (d) as (c) and substituted ‘‘$10,000’’ for ‘‘$1,000’’. Former subsec. (c) redesignated (b). Subsec. (d). Pub. L. 102–558, § 142(2), (4), redesignated subsec. (e) as (d) and struck out second undesignated par. which read as follows: ‘‘All information obtained by the Office of Price Stabilization under this section, as amended, and not made public prior to April 30, 1953, shall be deemed confidential and shall not be published or disclosed, either to the public or to another Federal agency except the Congress or any duly authorized committee thereof, and except the Department of Jus- tice for such use as it may deem necessary in the per- formance of its functions, unless the President deter- mines that the withholding thereof is contrary to the interests of the national defense, and any person will- Page 1132 TITLE 50—WAR AND NATIONAL DEFENSE § 4556 fully violating this provision shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than one year, or both.’’ Former subsec. (d) redesig- nated (c). Subsecs. (e), (f). Pub. L. 102–558, § 142(2), (5), redesig- nated subsec. (f) as (e) and substituted ‘‘subpoenaed’’ for ‘‘subpenaed’’. Former subsec. (e) redesignated (d). 1970—Subsec. (b). Pub. L. 91–452 struck out subsec. (b) which related to immunity from prosecution of any natural person compelled to testify or produce evi- dence, documentary or otherwise, after claiming his privilege against self-incrimination, and that any such immunity granted would not be construed to vest in any individual any right to priorities assistance, to the allocation of materials, or to any other benefit within the power of the President to grant under sections 4501 to 4564 of this title. 1953—Subsec. (e). Act June 30, 1953, added second par. 1952—Subsec. (f). Act June 30, 1952, added subsec. (f). 1951—Subsec. (a). Act July 31, 1951, made it clear that President has authority to administer oaths and affir- mations. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–558 deemed to have be- come effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, and not to affect any immu- nity to which any individual is entitled under this sec- tion by reason of any testimony given before sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. Executive Documents DELEGATION OF FUNCTIONS Authority of President to implement the Defense Production Act of 1950 (this chapter) in this sub- chapter— (1) with respect to hoarding of health and medical resources necessary to respond to the spread of COVID–19 within the United States delegated to Sec- retary of Health and Human Services, see section 2(a)(ii) of Ex. Ord. 13910, Mar. 23, 2020, 85 F.R. 17001, set out as a note under section 4512 of this title; (2) with respect to responding to the spread of COVID–19 within the United States delegated to Sec- retary of Health and Human Services and Secretary of Homeland Security, see section 2(a) of Ex. Ord. No. 13911, Mar. 27, 2020, 85 F.R. 18403, set out as a note under section 4511 of this title; and (3) in addition to the delegation of authority in Ex. Ord. No. 13911, delegated to Chief Executive Officer of the United States International Development Fi- nance Corporation, see section 2 of Ex. Ord. No. 13922, May 14, 2020, 85 F.R. 30583, set out as a note under sec- tion 4532 of this title. Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of En- ergy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade. § 4556. Jurisdiction of courts; injunctions; venue; process; effect of termination of provisions (a) Whenever in the judgment of the President any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter, he may make application to the appro- priate court for an order enjoining such acts or practices, or for an order enforcing compliance with such provision, and upon a showing by the President that such person has engaged or is about to engage in any such acts or practices a permanent or temporary injunction, restraining order, or other order, with or without such in- junction or restraining order, shall be granted without bond. (b) The district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction of viola- tions of this chapter or any rule, regulation, order, or subpena thereunder, and of all civil ac- tions under this chapter to enforce any liability or duty created by, or to enjoin any violation of, this chapter or any rule, regulation, order, or subpena thereunder. Any criminal proceeding on account of any such violation may be brought in any district in which any act, failure to act, or transaction constituting the violation occurred. Any such civil action may be brought in any such district or in the district in which the de- fendant resides or transacts business. Process in such cases, criminal or civil, may be served in any district wherein the defendant resides or transacts business or wherever the defendant may be found; the subpena for witnesses who are required to attend a court in any district in such case may run into any other district. The termi- nation of the authority granted in any sub- chapter or section of this chapter, or of any rule, regulation, or order issued thereunder, shall not operate to defeat any suit, action, or prosecu- tion, whether theretofore or thereafter com- menced, with respect to any right, liability, or offense incurred or committed prior to the ter- mination date of such subchapter or of such rule, regulation, or order. No costs shall be as- sessed against the United States in any pro- ceeding under this chapter. All litigation arising under this chapter or the regulations promul- gated thereunder shall be under the supervision and control of the Attorney General. (Sept. 8, 1950, ch. 932, title VII, § 706, 64 Stat. 817; July 31, 1951, ch. 275, title I, § 109(e), 65 Stat. 139.) TERMINATION OF SECTION For termination of section, see section 4564(a) of this title. Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Sept. 8, 1950, ch. 932, 64 Stat. 798, known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4501 of this title and Tables. AMENDMENTS 1951—Subsec. (a). Act July 31, 1951, broadened relief a court may grant when Government seeks to enjoin vio- lations. Executive Documents DELEGATION OF FUNCTIONS Authority of President to implement the Defense Production Act of 1950 (this chapter) in this sub- chapter—