50a USC Rule - Investigations; records; reports; subpoenas; right to counsel

(a) The President shall be entitled, while this Act [sections 2061 to 2170, 2171, and 2172 of this Appendix] 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 Act 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.

(b) 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.

(c) 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) 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.

(e) Any person subpoenaed under this section shall have the right to make a record of his testimony and to be represented by counsel.

Source

(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.)

Amendments

2003—Subsec. (a). Pub. L. 108–195inserted 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), redesignatedsubsec. (c) as (b) and substituted “subpoena” for “subpena”.

Subsec. (c). Pub. L. 102–558, § 142(2), (3), redesignatedsubsec. (d) as (c) and substituted “$10,000” for “$1,000”. Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 102–558, § 142(2), (4), redesignatedsubsec. (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 705, 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).

Subsecs. (e), (f). Pub. L. 102–558, § 142(2), (5), redesignatedsubsec. (f) as (e) and substituted “subpoenaed” for “subpenaed”. Former subsec. (e) redesignated (d).

1970—Subsec. (b). Pub. L. 91–452struck 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 2061 to 2166 of this Appendix.

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 affirmations.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–558deemed to have become effective Mar. 1, 1992, see section 304 ofPub. L. 102–558, set out as a note under section 2062 of this Appendix.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–452effective on sixtieth day following Oct. 15, 1970, 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 Oct. 15, 1970, see section 260 ofPub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure.

Termination Date

Termination of section, see section 2166 (a) of this Appendix.

Delegation of Functions

Functions of President under act Sept. 8, 1950 [section 2061 et seq. of this Appendix], relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, 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.