18-U.S.C.-443
§443 – War Contracts
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Title 18 > Part I > Chapter 23 > Section 443
Details
- Reference: Section 443
- Legend: §443 – War Contracts
- USCode Year: 2013
Provision Content
Whoever willfully secretes, mutilates, obliterates, or destroys—
(a) any records of a war contractor relating to the negotiation, award, performance, payment, interim financing, cancellation or other termination, or settlement of a war contract of $25,000 or more; or
(b) any records of a war contractor or purchaser relating to any disposition of termination inventory in which the consideration received by any war contractor or any government agency is $5,000 or more,
before the lapse of (1) five years after such disposition of termination inventory by such war contractor or government agency, or (2) five years after the final settlement of such war contract, whichever applicable period is longer, shall be fined under this title or imprisoned not more than five years, or both.
The Administrator of General Services, by regulation, may authorize the destruction of such records upon such terms and conditions as he deems appropriate, including the requirement for the making and retaining of photographs or microphotographs, which shall have the same force and effect as the originals thereof.
The definitions of terms in section 103 of Title 41 shall apply to similar terms used in this section.
(June 25, 1948, ch. 645, 62 Stat. 704; Oct. 31, 1951, ch. 655, §20(a), 65 Stat. 717; Pub. L. 103–322, title XXXIII, §§330004(17), 330016(2)(F), Sept. 13, 1994, 108 Stat. 2142, 2148.)
Historical and Revision Notes
Based on section 119, first and second paragraphs, of title 41 U.S.C., 1940 ed., Public Contracts (July 1, 1944, ch. 358, §19(a), 58 Stat. 667).
Section was rewritten with changes of phraseology to conform to the style adopted in the revision.
The definition of records was omitted as surplusage in order to avoid any inference that records as used in other sections was intended to have a different or more limited connotation than the broad and commonly understood meaning popularly assigned to the term.
The last paragraph was added to obviate any possibility of doubt as to meaning of terms defined in section 103 of Title 41, Public Contracts.
Reference to persons causing or procuring was omitted as unnecessary in view of definition of principal in section 2 of this title.
References in Text
Section 103 of Title 41, referred to in text, probably means section 3 of act July 1, 1944, ch. 358, 58 Stat. 650, which was classified to section 103 of former Title 41, Public Contracts, prior to repeal by Pub. L. 111–350, §7(b), Jan. 4, 2011, 124 Stat. 3855. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.
Amendments
1994—Pub. L. 103–322, in concluding provisions of first par., struck out or (3) five years after 12 oclock noon of December 31, 1946, after of such war contract, and substituted shall be fined under this title for shall, if a corporation, be fined not more than $50,000, and, if a natural person, be fined not more than $10,000.
1951—Act Oct. 31, 1951, substituted 12 oclock noon of December 31, 1946 for the termination of hostilities in the present war as proclaimed by the President or by a concurrent resolution of the two Houses of Congress, and, in penultimate paragraph, substituted Administrator of General Services for Director of Contract Settlement.
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