Title 10 — Armed Forces
Part V · Chapter 382 — Policies and Planning
§ 4818. Data collection authority of President
Statutory text
Authority.—
The President shall be entitled, by regulation, subpoena, or otherwise, 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 necessary or appropriate, in the President’s discretion, to the enforcement or the administration of chapters 381 through 385 and chapter 389 and the regulations issued under such chapters.
Condition for Use of Authority.—
The President shall issue regulations insuring that the authority of this section will be used only after the scope and purpose of the investigation, 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 responsible agency.
Penalty for Noncompliance.—
Any person who willfully performs any act prohibited or willfully fails to perform any act required by the provisions of subsection (a), or any rule, regulation, or order thereunder, shall be fined under title 18 or imprisoned not more than one year, or both.
Limitations on Disclosure of Information.—
Information obtained under subsection (a) which the President deems confidential or with reference to which a request for confidential treatment is made by the person furnishing such information shall not be published or disclosed unless the President determines that the withholding thereof is contrary to the interest of the national defense. Any person who willfully violates this subsection shall be fined under title 18 or imprisoned not more than one year, or both.
Regulations.—
The President may make such rules, regulations, and orders as he considers necessary or appropriate to carry out the provisions of this section. Any regulation or order under this section may be established in such form and manner, may contain such classification and differentiations, and may provide for such adjustments and reasonable exceptions as in the judgment of the President are necessary or proper to effectuate the purposes of this section, or to prevent circumvention or evasion, or to facilitate enforcement of this section, or any rule, regulation, or order issued under this section.
Definitions.—
In this section:
The term “person” includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative of the foregoing, and includes the United States or any agency thereof, or any other government, or any of its political subdivisions, or any agency of any of the foregoing, except that no punishment provided by this section shall apply to the United States, or to any such government, political subdivision, or government agency.
The term “national defense” means programs for military and atomic energy production or construction, military assistance to any foreign nation, stockpiling, space, and directly related activity.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Defense Conversion, Reinvestment, and Transition Assistance Act of 1992
Pub. L. 102–484 div. D title XLII § 4217 · 106 Stat. 2315
Enacted · 10 U.S.C. § 4818
Added Pub. L. 102–484, div. D, title XLII, § 4217, Oct. 23, 1992, 106 Stat. 2670, § 2507
Source evidence
Code source credit
Added Pub. L. 102–484, div. D, title XLII, § 4217, Oct. 23, 1992, 106 Stat. 2670, § 2507Enacted provision · exact public law section
SEC. 4217. DATA COLLECTION AUTHORITY. Subchapter II of chapter 148, as amended by section 4216, is further amended by inserting after section 2506 the following new section: “§ 2507. Data collection authority of President “(a) The President shall be entitled, by regulation, subpoena, or otherwise, 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 necessary or appropriate, in the President’s discretion, to the enforcement or the administration of this chapter and the regulations issued under this chapter. “(b) The President shall issue regulations insuring that the authority of this section will be used only after the scope and purpose of the investigation, inspection, or inquiry to be made nave been defined by competent authority and it is assured that no adequate and authoritative data are available from any Federal or other responsible agency. “(c) Any person who willfully performs any act prohibited or willfully fails to perform any act required by the provisions of subsection (a), or any rule, regulation, or order thereunder, shall be fined under title 18 or imprisoned not more than one year, or both. “(d) Information obtained under section (a) which the President deems confidential or with reference to which a request for confidential treatment is made by the person furnishing such information shall not be published or disclosed unless the President determines that the withholding thereof is contrary to the interest of the national defense. Any person who willfully violates this subsection shall be fined under title 18 or imprisoned not more than one year, or both. “(e) The President may make such rules, regulations, and orders as he considers necessary or appropriate to carry out the provisions of this section. Any regulation or order under this section may be established in such form and manner, may contain such classification and differentiations, and may provide for such adjustments and reasonable exceptions as in the judgment of the President are necessary or proper to effectuate the purposes of this section, or to prevent circumvention or evasion, or to facilitate enforcement of this section, or any rule, regulation, or order issued under this section. “(f) In this section: “(1) The term ‘person’ includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative of the foregoing, and includes the United States or any agency thereof, or any other government, or any of its political subdivisions, or any agency of any of the foregoing, except that no punishment provided by this section shall apply to the United States, or to any such government, political subdivision, or government agency. “(2) The term ‘national defense’ means programs for military and atomic energy production or construction, military assistance to any foreign nation, stockpiling, space, and directly related activity.”.Pub. L. 103–160 div. A title XI § 1182(b)(1) · 107 Stat. 1547
Inserted · 10 U.S.C. § 4818
Pub. L. 103–160 inserted headings in subsecs. (a) to (f)
Source evidence
Code amendment note
Pub. L. 103–160 inserted headings in subsecs. (a) to (f).Enacted provision · exact public law section
(1) Section 2507 of title 10, United States Code, is amended— (A) in subsection (a), by inserting “Authority.—” after “(a)”; (B) in subsection (b), by inserting “Condition for Use of Authority.—” after “(b)”; (C) in subsection (c), by inserting “Penalty for Noncompliance.—” after “(c)”; (D) in subsection (d), by inserting “Limitations on Disclosure of Information.—” after “(d)”; (E) in subsection (e), by inserting “Regulations.—” after “(e)”; and (F) in subsection (f), by inserting “Definitions.—” after “(f)”.National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 div. A title X § 1056(c)(5) · 119 Stat. 3136
Substituted · 10 U.S.C. § 4818(d)
Pub. L. 109–163 substituted “subsection (a)” for “section (a)”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 109–163 substituted “subsection (a)” for “section (a)”.Enacted provision · exact public law section
(5) Section 2507(d) is amended by striking “section (a)” and inserting “subsection (a)”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1867(b) · 134 Stat. 3388
Changed · 10 U.S.C. § 4818
Pub. L. 116–283, § 1867(b), renumbered section 2507 of this title as this section
Source evidence
Code amendment note
Pub. L. 116–283, § 1867(b), renumbered section 2507 of this title as this section.Enacted provision · exact public law section
(b) Transfer and Redesignation of Title 10 Sections.— The sections of title 10, United States Code, specified in the left-hand column of the following table are transferred to chapter 382 of such title, as added by subsection (a), inserted (in the order shown in the following table) after the table of sections at the beginning of such chapter, and redesignated in accordance with the section numbers in the right-hand column, as follows: SectionRedesignated Section 25014811 25024812 25034813 25044814 2504a4815 25054816 25084817 25074818 25094819Effective date note
Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1867(d)(5) · 134 Stat. 3388
Amended · 10 U.S.C. § 4818(a)
Pub. L. 116–283, § 1867(d)(5), as amended by Pub. L. 117–81, § 1701(b)(22)(B)
Substituted · 10 U.S.C. § 4818(a)
Pub. L. 116–283, § 1867(d)(5), as substituted “of chapters 381 through 385 and chapter 389” for “of this chapter”
Substituted · 10 U.S.C. § 4818(a)
Pub. L. 116–283, § 1867(d)(5), as substituted “under such chapters” for “under this chapter”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–283, § 1867(d)(5), as amended by Pub. L. 117–81, § 1701(b)(22)(B), substituted “of chapters 381 through 385 and chapter 389” for “of this chapter” and “under such chapters” for “under this chapter”.Enacted provision · exact public law section
(5) Section 4818 is amended in subsection (a)— (A) by striking “of this chapter” and inserting “of the chapter 148 legacy provisions”; and (B) by striking “under this chapter” and inserting “under those provisions”.Effective date note
Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
7 of 7 references resolved to an enrolled provision
Editorial Notes
Amendments1993–2021 · 3 rounds
2021
Pub. L. 116–283, § 1867(b), renumbered section 2507 of this title as this section.
Subsec. (a). Pub. L. 116–283, § 1867(d)(5), as amended by Pub. L. 117–81, § 1701(b)(22)(B), substituted “of chapters 381 through 385 and chapter 389” for “of this chapter” and “under such chapters” for “under this chapter”.
2006
Subsec. (d). Pub. L. 109–163 substituted “subsection (a)” for “section (a)”.
1993
Pub. L. 103–160 inserted headings in subsecs. (a) to (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below.
Amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
Credits
1992–2021 · 5 acts
- 1992Added Pub. L. 102–484, div. D, title XLII, § 4217, , 106 Stat. 2670, § 2507
- 1993amended Pub. L. 103–160, div. A, title XI, § 1182(b)(1), , 107 Stat. 1772
- 2006Pub. L. 109–163, div. A, title X, § 1056(c)(5), , 119 Stat. 3439
- 2021renumbered § 4818 and amended Pub. L. 116–283, div. A, title XVIII, § 1867(b), (d)(5), , 134 Stat. 4281, 4282
- 2021Pub. L. 117–81, div. A, title XVII, § 1701(b)(22)(B), , 135 Stat. 2135.
Show as published
(Added Pub. L. 102–484, div. D, title XLII, § 4217, , 106 Stat. 2670, § 2507; amended Pub. L. 103–160, div. A, title XI, § 1182(b)(1), , 107 Stat. 1772; Pub. L. 109–163, div. A, title X, § 1056(c)(5), , 119 Stat. 3439; renumbered § 4818 and amended Pub. L. 116–283, div. A, title XVIII, § 1867(b), (d)(5), , 134 Stat. 4281, 4282; Pub. L. 117–81, div. A, title XVII, § 1701(b)(22)(B), , 135 Stat. 2135.)