§ 443. — War contracts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC443]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 23--CONTRACTS
Sec. 443. War contracts
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,
Sec. 20(a), 65 Stat. 717; Pub. L. 103-322, title XXXIII,
Secs. 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, Sec. 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.
Amendments
1994--Pub. L. 103-322, in concluding provisions of first par.,
struck out ``or (3) five years after 12 o'clock 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 o'clock 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''.
