Title 50 — War and National Defense
Chapter 55 — Defense Production
§ 4555. Investigations; records; reports; subpoenas; right to counsel
Statutory text
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 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 his discretion, to the enforcement or the administration of this chapter and the regulations or orders issued thereunder. The authority of the President under this section includes the authority to obtain information in order to perform industry studies assessing the capabilities of the United States industrial base to support the national defense. The President shall issue regulations insuring that the authority of this subsection will be utilized 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. In case of contumacy by, or refusal to obey a subpoena served upon, any person referred to in this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the President, shall have jurisdiction to issue an order requiring such person to appear and give testimony 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 contempt thereof.
Production of documentary evidence; reimbursement of witnesses
The production of a person’s books, records, or other documentary evidence shall not be required at any place other than the place where such person usually keeps them, if, prior to the return date specified in the regulations, subpoena, 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 enters into a stipulation with the President as to the information contained in such books, records, or other documentary evidence. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.
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.
Protection of confidentiality; sanction for violation
Information obtained under this section 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, and any person willfully violating this provision shall, upon conviction, be fined not more than $10,000, or imprisoned for not more than one year, or both.
Right to record of testimony and representation by counsel
Any person subpoenaed under this section shall have the right to make a record of his testimony and to be represented by counsel.
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.
the Defense Production Act of 1950
Pub. L. 81–932 · 64 Stat. 798
Enacted · 50 U.S.C. § 4555
Sept. 8, 1950, ch. 932, title VII, § 705, 64 Stat. 816
Source evidence
Code source credit
Sept. 8, 1950, ch. 932, title VII, § 705, 64 Stat. 816Public Law not identified
Changed · 50 U.S.C. § 4555(a)
Subsec. (a). Act July 31, 1951, made it clear that President has authority to administer oaths and affirmations
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act July 31, 1951, made it clear that President has authority to administer oaths and affirmations.Public Law not identified
Added · 50 U.S.C. § 4555(f)
Subsec. (f). Act June 30, 1952, added subsec. (f)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (f). Act June 30, 1952, added subsec. (f).Public Law not identified
Added · 50 U.S.C. § 4555(e)
Subsec. (e). Act June 30, 1953, added second par
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (e). Act June 30, 1953, added second par.Organized Time Control Act of 1970
Pub. L. 91–452 title II § 251 · 84 Stat. 922
Struck · 50 U.S.C. § 4555(b)
Pub. L. 91–452 struck out subsec. (b) which related to immunity from prosecution of any natural person compelled to testify or produce evidence, 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
Source evidence
Code amendment note
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 evidence, 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.Enacted provision · exact public law section
Sec. 251. Subsection (b) of section 705 of the Act of September 8, 1950, to amend the Tariff Act of 1930 (64 Stat. 816; 50 U.S.C. § 2155(b)), is repealed.Defense Production Act Amendments of 1992
Pub. L. 102–558 § 142(1) · 106 Stat. 4198
Substituted · 50 U.S.C. § 4555(a)
Pub. L. 102–558, § 142(1), substituted “subpoena” for “subpena” in two places
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–558, § 142(1), substituted “subpoena” for “subpena” in two places.Enacted provision · exact public law section
(1) by striking “subpena” each place such term appears and inserting “subpoena”;Effective date note
Amendment by Pub. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title.Defense Production Act Amendments of 1992
Pub. L. 102–558 § 142(1) · 106 Stat. 4198
Redesignated · 50 U.S.C. § 4555(b)
Pub. L. 102–558, § 142(1), (2), redesignated subsec. (c) as (b)
Substituted · 50 U.S.C. § 4555(b)
Pub. L. 102–558, § 142(1), (2), substituted “subpoena” for “subpena”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–558, § 142(1), (2), redesignated subsec. (c) as (b) and substituted “subpoena” for “subpena”.Enacted provision · exact public law section
(1) by striking “subpena” each place such term appears and inserting “subpoena”;Effective date note
Amendment by Pub. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title.Defense Production Act Amendments of 1992
Pub. L. 102–558 § 142(2) · 106 Stat. 4198
Redesignated · 50 U.S.C. § 4555(c)
Pub. L. 102–558, § 142(2), (3), redesignated subsec. (d) as (c)
Redesignated · 50 U.S.C. § 4555(c)
Pub. L. 102–558, § 142(2), (3), substituted “$10,000” for “$1,000”. Former subsec. (c) redesignated (b)
Source evidence
Code amendment note
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).Enacted provision · exact public law section
(2) by redesignating subsections (c), (d), (e), and (f) as subsections (b), (c), (d), and (e), respectively;Effective date note
Amendment by Pub. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title.Defense Production Act Amendments of 1992
Pub. L. 102–558 § 142(2) · 106 Stat. 4198
Redesignated · 50 U.S.C. § 4555(d)
Pub. L. 102–558, § 142(2), (4), redesignated subsec. (e) as (d)
Redesignated · 50 U.S.C. § 4555(d)
Pub. L. 102–558, § 142(2), (4), 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 Justice for such use as it may deem necessary in the performance of its functions, unless the President determines that the withholding thereof is contrary to the interests of the national defense, and any person willfully 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) redesignated (c)
Source evidence
Code amendment note
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 Justice for such use as it may deem necessary in the performance of its functions, unless the President determines that the withholding thereof is contrary to the interests of the national defense, and any person willfully 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) redesignated (c).Enacted provision · exact public law section
(2) by redesignating subsections (c), (d), (e), and (f) as subsections (b), (c), (d), and (e), respectively;Effective date note
Amendment by Pub. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title.Defense Production Act Amendments of 1992
Pub. L. 102–558 § 142(2) · 106 Stat. 4198
Redesignated · 50 U.S.C. § 4555(e); 50 U.S.C. § 4555(f)
Pub. L. 102–558, § 142(2), (5), redesignated subsec. (f) as (e)
Redesignated · 50 U.S.C. § 4555(e); 50 U.S.C. § 4555(f)
Pub. L. 102–558, § 142(2), (5), substituted “subpoenaed” for “subpenaed”. Former subsec. (e) redesignated (d)
Source evidence
Code amendment note
Subsecs. (e), (f). Pub. L. 102–558, § 142(2), (5), redesignated subsec. (f) as (e) and substituted “subpoenaed” for “subpenaed”. Former subsec. (e) redesignated (d).Enacted provision · exact public law section
(2) by redesignating subsections (c), (d), (e), and (f) as subsections (b), (c), (d), and (e), respectively;Effective date note
Amendment by Pub. L. 102–558 deemed to have become effective Mar. 1, 1992, see section 304 of Pub. L. 102–558, set out as a note under section 4502 of this title.Defense Production Act Reauthorization of 2003
Pub. L. 108–195 § 4 · 117 Stat. 2892
Inserted · 50 U.S.C. § 4555(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 capabilities of the United States industrial base to support the national defense.”
Source evidence
Code amendment note
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 capabilities of the United States industrial base to support the national defense.”Enacted provision · exact public law section
SEC. 4. CLARIFICATION OF PRESIDENTIAL AUTHORITY. Subsection (a) of section 705 of the Defense Production Act of 1950 (50 U.S.C. App. 2155(a)) is amended by inserting after the end of the first sentence the following new sentence: “The authority of the President under this section includes the authority to obtain information in order to perform industry studies assessing the capabilities of the United States industrial base to support the national defense.”.
11 of 15 references resolved to an enrolled provision · 1 partial · 3 unresolved
Notes
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 section 4501 of this title and Tables.
Codification
Section was formerly classified to section 2155 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Amendments1951–2003 · 6 rounds
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 capabilities 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 “subpena”.
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 , 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 Justice for such use as it may deem necessary in the performance of its functions, unless the President determines that the withholding thereof is contrary to the interests of the national defense, and any person willfully 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) redesignated (c).
Subsecs. (e), (f). Pub. L. 102–558, § 142(2), (5), redesignated 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 evidence, 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 , added second par.
1952
Subsec. (f). Act , added subsec. (f).
1951
Subsec. (a). Act , made it clear that President has authority to administer oaths and affirmations.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–558 deemed to have become effective , 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 , and not to affect any immunity to which any individual is entitled under this section by reason of any testimony given before sixtieth day following , 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 subchapter—
(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 Secretary of Health and Human Services, see section 2(a)(ii) of Ex. Ord. 13910, , 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 Secretary of Health and Human Services and Secretary of Homeland Security, see section 2(a) of Ex. Ord. No. 13911, , 85 F.R. 18403, set out as a note under section 4511 of this title;
(3) in addition to the delegation of authority in Ex. Ord. No. 13911, delegated to Chief Executive Officer of the United States International Development Finance Corporation, see section 2 of Ex. Ord. No. 13922, , 85 F.R. 30583, set out as a note under section 4532 of this title; and
(4) with respect to addressing the national energy emergency declared under Ex. Ord. No. 14156, , 90 F.R. 8433, set out as a note under section 1621 of this title, delegated to the Chief Executive Officer of the United States International Development Finance Corporation, see section 6(d) of Ex. Ord. No. 14241, , 90 F.R. 13673, set out as a note under section 1601 of Title 30, Mineral Lands and Mining.
Functions of President under this chapter relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, , 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade.
Credits
1950–2003 · 7 acts
- 1950Sept. 8, 1950, ch. 932, title VII, § 705, 64 Stat. 816
- 1951July 31, 1951, ch. 275, title I, § 109(d), 65 Stat. 139
- 1952June 30, 1952, ch. 530, title I, § 117, 66 Stat. 306
- 1953June 30, 1953, ch. 171, § 9, 67 Stat. 131
- 1970Pub. L. 91–452, title II, § 251, , 84 Stat. 931
- 1992Pub. L. 102–558, title I, § 142, , 106 Stat. 4217
- 2003Pub. L. 108–195, § 4, , 117 Stat. 2893.
Show as published
(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, , 84 Stat. 931; Pub. L. 102–558, title I, § 142, , 106 Stat. 4217; Pub. L. 108–195, § 4, , 117 Stat. 2893.)