18 U.S.C. § 442 — Government Publishing Office

Page 115 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 443 1 So in original. 2 See References in Text note below. form to policy followed by codifiers of 1909 Criminal Code. Changes in phraseology were also made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, which directed the amendment of this section by substituting ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’, was executed by making the substitution for ‘‘fined not more than $5,000’’ in second par., to reflect the probable intent of Congress. 1970—Pub. L. 91–375 struck out ‘‘Post Office Depart- ment or the’’ before ‘‘Postal Service’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. § 442. Government Publishing Office (a) DEFINITIONS.—In this section— (1) the terms ‘‘diversified’’, ‘‘employee ben- efit plan’’, ‘‘holdings’’, ‘‘mutual fund’’, and ‘‘unit investment trust’’ have the meanings given those terms under section 2640.102 of title 5, Code of Federal Regulations, or any successor thereto; and (2) the term ‘‘printing-related interest’’ means an interest, direct or indirect, in— (A) the publication of any newspaper or pe- riodical; (B) any printing, binding, engraving, or lithographing of any kind; or (C) any contract for furnishing paper or other material connected with the public printing, binding, lithographing, or engrav- ing. (b) OFFENSE.— (1) IN GENERAL.—Except as provided in para- graph (2), the Director of the Government Publishing Office, Deputy Director of the Gov- ernment Publishing Office, nor 1 any of their assistants as determined by the Director of the Government Publishing Office shall not,1 during his or her continuance in office, have any printing-related interest. (2) EXCEPTION FOR MUTUAL FUNDS, UNIT IN- VESTMENT TRUSTS, EMPLOYEE BENEFIT PLANS, AND RETIREMENT PLANS.—It shall not be a vio- lation of paragraph (1) for an individual who is described in such paragraph to have an inter- est in a diversified mutual fund, diversified unit investment trust, employee benefit plan, investment fund under the Thrift Savings Plan under subchapter III of chapter 84 of title 5, or pension plan established or maintained by a State government or any political sub- division of a State government for its employ- ees that has 1 or more holdings that are print- ing-related interests if the fund, trust, or plan does not exhibit a practice of concentrating in printing-related interests. (3) AUTHORITY OF SUPERVISING ETHICS OF- FICE.—The supervising ethics office for the Government Publishing Office under the Eth- ics in Government Act of 1978 (5 U.S.C. App.) 2 shall have the authority to issue rules and promulgate regulations governing the imple- mentation of this subsection. (c) PENALTY.—Whoever violates subsection (b)(1) shall be fined under this title, imprisoned for not more than 1 year, or both. (June 25, 1948, ch. 645, 62 Stat. 704; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 116–78, § 1(a), Dec. 5, 2019, 133 Stat. 1175.) HISTORICAL AND REVISION NOTES Based on section 53 of title 44, U.S.C., 1940 ed., Public Printing and Documents (Jan. 12, 1895, ch. 23, § 34, 28 Stat. 605). Words ‘‘on conviction before any court of competent jurisdiction’’ were omitted as unnecessary, since pun- ishment cannot be imposed until there has been a con- viction before a competent tribunal. Words ‘‘in the penitentiary’’ were omitted as surplus- age as section 4082 of this title commits all prisoners to the custody of the Attorney General. (See reviser’s note under section 1 of this title.) The minimum punishment provision ‘‘for a term of not less than one nor’’ was omitted in keeping with pol- icy of codifiers of 1909 Criminal Code. Mandatory punishment provision was rephrased in the alternative. The offense described in this section involves no moral turpitude, and therefore the punishment provi- sions were reduced from 5 years to 1 year, so that the stigma of a felony would not attach to an offender. The fine was increased from $500 to $1,000 as more propor- tionate to the 1-year term of imprisonment. (See classi- fication of felony and misdemeanor in section 1 of this title and note thereunder.) Editorial Notes REFERENCES IN TEXT The Ethics in Government Act of 1978, referred to in subsec. (b)(3), is Pub. L. 95–521, Oct. 26, 1978, 92 Stat. 1824. Titles I, IV, and V of the Act were classified prin- cipally to the Appendix to Title 5, Government Organi- zation and Employees, and were substantially repealed and restated in chapter 131 (§ 13101 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(c), 7, Dec. 27, 2022, 136 Stat. 4266, 4361. For complete classification of this Act to the Code, see Tables. For disposition of sections of the Act into chapter 131 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. AMENDMENTS 2019—Pub. L. 116–78 amended section generally. Prior to amendment, text read as follows: ‘‘Neither the Public Printer, superintendent of print- ing, superintendent of binding, nor any of their assist- ants shall, during their continuance in office, have any interest, direct or indirect, in the publication of any newspaper or periodical, or in any printing, binding, en- graving, or lithographing of any kind, or in any con- tract for furnishing paper or other material connected with the public printing, binding, lithographing, or en- graving. ‘‘Whoever violates this section shall be fined under this title or imprisoned not more than one year, or both.’’ 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in second par. § 443. War contracts Whoever willfully secretes, mutilates, obliter- ates, or destroys—