PRIA, Government Policy, Made Personal

Summary

The President can, by rule, subpoena, or other means, require people and organizations to give information, keep records, submit reports, let their books or property be inspected, and give sworn testimony or take oaths. This power is to help enforce or run chapters 381–385 and 389 and the rules under them. The power can be used only after a competent authority defines the scope and purpose of the inquiry and it is confirmed that no adequate data exist from any federal or other responsible agency. Anyone who willfully disobeys these requirements can be fined under title 18, jailed for up to one year, or both. Information called confidential by the President or requested as confidential must not be released unless withholding it would harm national defense; willful release has the same penalties. “Person” means individuals, businesses, organizations, and governments (but penalties do not apply to the United States or those governments or agencies). “National defense” covers military and atomic energy programs, military aid to other countries, stockpiling, space, and directly related activities.

Title 10, §4818

Armed Forces, Source: USLM XML via OLRC

(a)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.

(b)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.

(c)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.

(d)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.

(e)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.

(f)Definitions.—

In this section: (1)

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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 AmendmentAmendment 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.

§4818 Data Collection Authority of President