50 U.S.C. § 4554 — Regulations and orders

Page 1130 TITLE 50—WAR AND NATIONAL DEFENSE § 4554 (b) The authorities that may be exercised and per- formed pursuant to section 802(a) of this order shall in- clude: (1) the power to redelegate authorities, and to au- thorize the successive redelegation of authorities to agencies, officers, and employees of the Government; and (2) the power of subpoena under section 705 of the Act, 50 U.S.C. App. 2155 [now 50 U.S.C. 4555], with re- spect to (i) authorities delegated in parts II, III, and section 702 of this order, and (ii) the functions assigned to the Secretary of the Treasury in Executive Order 11858 [50 U.S.C. 4565 note], as amended, provided that the subpoena power referenced in subsections (i) and (ii) shall be utilized only after the scope and purpose of the investigation, inspection, or inquiry to which the subpoena relates have been defined either by the appro- priate officer identified in section 802(a) of this order or by such other person or persons as the officer shall des- ignate. (c) Excluded from the authorities delegated by sec- tion 802(a) of this order are authorities delegated by parts IV and V of this order, authorities in section[s] 721 and 722 of the Act, 50 U.S.C. App. 2170–2171 [now 50 U.S.C. 4565, 4567], and the authority with respect to fix- ing compensation under section 703 of the Act, 50 U.S.C. App. 2153 [now 50 U.S.C. 4553]. SEC. 803. Authority. (a) Executive Order 12919 of June 3, 1994, and sections 401(3)–(4) of Executive Order 12656 of November 18, 1988, [42 U.S.C. 5195 note] are revoked. All other previously issued orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this order shall remain in ef- fect except as they are inconsistent with this order or are subsequently amended or revoked under proper au- thority. Nothing in this order shall affect the validity or force of anything done under previous delegations or other assignment of authority under the Act [50 U.S.C. 4501 et seq.]. (b) Nothing in this order shall affect the authorities assigned under Executive Order 11858 of May 7, 1975, as amended [50 U.S.C. 4565 note], except as provided in sec- tion 802 of this order. (c) Nothing in this order shall affect the authorities assigned under Executive Order 12472 of April 3, 1984, as amended [former 42 U.S.C. 5195 note]. SEC. 804. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect func- tions of the Director of OMB relating to budgetary, ad- ministrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 4554. Regulations and orders (a) In general Subject to section 4559 of this title and sub- section (b), the President may prescribe such regulations and issue such orders as the Presi- dent may determine to be appropriate to carry out this chapter. (b) Procurement regulations Any procurement regulation, procedure, or form issued pursuant to subsection (a) shall be issued pursuant to section 25 of the Office of Federal Procurement Policy Act [now 41 U.S.C. 1302, 1303], and shall conform to any govern- mentwide procurement policy or regulation issued pursuant to section 6 or 25 of that Act [see 41 U.S.C. 1121 et seq., 1302, 1303]. (Sept. 8, 1950, ch. 932, title VII, § 704, 64 Stat. 816; July 31, 1951, ch. 275, title I, § 109(c), 65 Stat. 139; Pub. L. 102–558, title I, § 134, Oct. 28, 1992, 106 Stat. 4212.) 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. Sections 6 and 25 of the Office of Federal Procure- ment Policy Act, referred to in subsec. (b), were sec- tions 6 and 25 of Pub. L. 93–400, which were classified to sections 405 and 421, respectively, of former Title 41, Public Contracts, and were repealed and largely re- stated in subchapter II (§ 1121 et seq.) of chapter 11 and as sections 1302 and 1303 of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. CODIFICATION Section was formerly classified to section 2154 of the former Appendix to this title prior to editorial reclassi- fication and renumbering as this section. AMENDMENTS 1992—Pub. L. 102–558 amended section generally, sub- stituting present provisions for provisions authorizing promulgation of rules, regulations, and orders by the President in order to carry out this chapter. 1951—Act July 31, 1951, limited authority to regulate natural gas where a State agency is handling the mat- ter. 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. 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, eff. June 25, 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-