8b - Civil Penalties for Disclosure

Page 399

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

Sec.

1919.
1920.
1921.
1922.
1923.
1924.

False statement to obtain unemployment
compensation for Federal service.
False statement or fraud to obtain Federal
employees’ compensation.
Receiving Federal employees’ compensation
after marriage.
False or withheld report concerning Federal
employees’ compensation.
Fraudulent receipt of payments of missing
persons.
Unauthorized removal and retention of classified documents or material.
AMENDMENTS

1996—Pub. L. 104–294, title VI, § 604(b)(44), Oct. 11, 1996,
110 Stat. 3509, substituted ‘‘employees’ ’’ for ‘‘employee’s’’ in item 1920.
1994—Pub. L. 103–359, title VIII, § 808(b), Oct. 14, 1994,
108 Stat. 3454, added item 1924.
Pub. L. 103–333, title I, § 101(b)(2), Sept. 30, 1994, 108
Stat. 2548, substituted ‘‘or fraud to obtain Federal employee’s compensation’’ for ‘‘to obtain Federal employees’ compensation’’ in item 1920.
Pub. L. 103–322, title XXXIII, § 330004(11), Sept. 13,
1994, 108 Stat. 2141, struck out items 1904 ‘‘Disclosure of
information or speculation in securities affecting Reconstruction Finance Corporation’’ and 1908 ‘‘Disclosure of information by National Agricultural Credit
Corporation examiner’’.
1990—Pub. L. 101–647, title XXXV, § 3556, Nov. 29, 1990,
104 Stat. 4927, substituted ‘‘from a bank examination
report’’ for ‘‘by bank examiner’’ in item 1906 and struck
out item 1914 ‘‘Salary of Government officials and employees payable only by United States’’.
1966—Pub. L. 89–554, § 3(c), Sept. 6, 1966, 80 Stat. 608,
added items 1916 to 1923.

§ 1901. Collecting or disbursing officer trading in
public property
Whoever, being an officer of the United States
concerned in the collection or the disbursement
of the revenues thereof, carries on any trade or
business in the funds or debts of the United
States, or of any State, or in any public property of either, shall be fined under this title or
imprisoned not more than one year, or both; and
shall be removed from office, and be incapable of
holding any office under the United States.
(June 25, 1948, ch. 645, 62 Stat. 790; Pub. L.
103–322, title XXXIII, § 330016(1)(J), Sept. 13, 1994,
108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., § 192 (Mar. 4, 1909,
ch. 321, § 103, 35 Stat. 1107).
Minor changes were made in phraseology.
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $3,000’’.

§ 1902. Disclosure of crop information and speculation thereon
Whoever, being an officer, employee or person
acting for or on behalf of the United States or
any department or agency thereof, and having
by virtue of his office, employment or position,
become possessed of information which might
influence or affect the market value of any product of the soil grown within the United States,
which information is by law or by the rules of
such department or agency required to be withheld from publication until a fixed time, will-

§ 1905

fully imparts, directly or indirectly, such information, or any part thereof, to any person not
entitled under the law or the rules of the department or agency to receive the same; or, before
such information is made public through regular
official channels, directly or indirectly speculates in any such product by buying or selling
the same in any quantity, shall be fined under
this title or imprisoned not more than ten years,
or both.
No person shall be deemed guilty of a violation of any such rules, unless prior to such alleged violation he shall have had actual knowledge thereof.
(June 25, 1948, ch. 645, 62 Stat. 790; Pub. L.
103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994,
108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., § 214 (Mar. 4, 1909,
ch. 321, § 123, 35 Stat. 1110).
Words ‘‘agency thereof’’ were inserted in lieu of ‘‘office thereof’’ at beginning of section in conformity with
section 6 of this title.
Minor changes were made in phraseology.
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $10,000’’ in first par.

§ 1903. Speculation in stocks or commodities affecting crop insurance
Whoever, while acting in any official capacity
in the administration of any Act of Congress relating to crop insurance or to the Federal Crop
Insurance Corporation speculates in any agricultural commodity or product thereof, to which
such enactments apply, or in contracts relating
thereto, or in the stock or membership interests
of any association or corporation engaged in
handling, processing, or disposing of any such
commodity or product, shall be fined under this
title or imprisoned not more than two years, or
both.
(June 25, 1948, ch. 645, 62 Stat. 790; Pub. L.
103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994,
108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on section 1514(b) of title 7, U.S.C., 1940 ed., Agriculture (Feb. 16, 1938, ch. 30, title V, § 514(b), 52 Stat.
76).
Words ‘‘upon conviction thereof’’ were omitted as
surplusage since punishment can be imposed only after
a conviction.
Minor changes were made in phraseology and translations.
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $10,000’’.

[§ 1904. Repealed. Pub. L. 103–322, title XXXIII,
§ 330004(11), Sept. 13, 1994, 108 Stat. 2141]
Section, acts June 25, 1948, ch. 645, 62 Stat. 791; Sept.
13, 1994, Pub. L. 103–322, title XXXIII, § 330016(1)(L), 108
Stat. 2147, related to disclosure of information or speculation in securities affecting Reconstruction Finance
Corporation.

§ 1905. Disclosure of confidential information
generally
Whoever, being an officer or employee of the
United States or of any department or agency

§ 1906

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

thereof, any person acting on behalf of the Office of Federal Housing Enterprise Oversight, or
agent of the Department of Justice as defined in
the Antitrust Civil Process Act (15 U.S.C.
1311–1314), or being an employee of a private sector organization who is or was assigned to an
agency under chapter 37 of title 5, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any
information coming to him in the course of his
employment or official duties or by reason of
any examination or investigation made by, or
return, report or record made to or filed with,
such department or agency or officer or employee thereof, which information concerns or
relates to the trade secrets, processes, operations, style of work, or apparatus, or to the
identity, confidential statistical data, amount
or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income
return or copy thereof or any book containing
any abstract or particulars thereof to be seen or
examined by any person except as provided by
law; shall be fined under this title, or imprisoned not more than one year, or both; and shall
be removed from office or employment.
(June 25, 1948, ch. 645, 62 Stat. 791; Pub. L. 96–349,
§ 7(b), Sept. 12, 1980, 94 Stat. 1158; Pub. L. 102–550,
title XIII, § 1353, Oct. 28, 1992, 106 Stat. 3970; Pub.
L. 104–294, title VI, § 601(a)(8), Oct. 11, 1996, 110
Stat. 3498; Pub. L. 107–347, title II, § 209(d)(2),
Dec. 17, 2002, 116 Stat. 2930.)
HISTORICAL AND REVISION NOTES
Based on section 176b of title 15, U.S.C., 1940 ed., Commerce and Trade; section 216 of title 18, U.S.C., 1940 ed.;
section 1335 of title 19, U.S.C., 1940 ed., Customs Duties
(R.S. § 3167; Aug. 27, 1894, ch. 349, § 24, 28 Stat. 557; Feb.
26, 1926, ch. 27, § 1115, 44 Stat. 117; June 17, 1930, ch. 497,
title III, § 335, 46 Stat. 701; Jan. 27, 1938, ch. 11, § 2, 52
Stat. 8).
Section consolidates section 176b of title 15, U.S.C.,
1940 ed., Commerce and Trade; section 216 of title 18,
U.S.C., 1940 ed., and section 1335 of title 19, U.S.C., 1940
ed., Customs Duties.
Words ‘‘or of any department or agency thereof’’ and
words ‘‘such department or agency’’ were inserted so as
to eliminate any possible ambiguity as to scope of section. (See definition of ‘‘department’’ and ‘‘agency’’ in
section 6 of this title.)
References to the offenses as misdemeanors, contained in all of said sections, were omitted in view of
definitive section 1 of this title.
The provisions of section 216 of title 18, U.S.C., 1940
ed., relating to publication of income tax data by ‘‘any
person’’, were omitted as covered by section 55(f)(1) of
title 26, U.S.C., 1940 ed., Internal Revenue Code.
Minor changes were made in translations and phraseology.
REFERENCES IN TEXT
The Antitrust Civil Process Act, referred to in text,
is Pub. L. 87–664, Sept. 19, 1962, 76 Stat. 548, as amended,
which is classified generally to chapter 34 (§ 1311 et seq.)
of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note
set out under section 1311 of Title 15 and Tables.
AMENDMENTS
2002—Pub. L. 107–347 inserted ‘‘or being an employee
of a private sector organization who is or was assigned
to an agency under chapter 37 of title 5,’’ after ‘‘(15
U.S.C. 1311–1314),’’.

Page 400

1996—Pub. L. 104–294 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $1,000’’.
1992—Pub. L. 102–550 inserted ‘‘any person acting on
behalf of the Office of Federal Housing Enterprise Oversight,’’ after ‘‘or agency thereof,’’.
1980—Pub. L. 96–349 provided for punishment and removal from office of an agent of the Department of Justice as defined in the Antitrust Civil Process Act for
disclosure of confidential information.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–347 effective 120 days after
Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set
out as an Effective Date note under section 3601 of Title
44, Public Printing and Documents.

§ 1906. Disclosure of information from a bank examination report
Whoever, being an examiner, public or private,
or a Government Accountability Office employee with access to bank examination report
information under section 714 of title 31, discloses the names of borrowers or the collateral
for loans of any member bank of the Federal Reserve System, any bank insured by the Federal
Deposit Insurance Corporation, any branch or
agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of
the International Banking Act of 1978), or any
organization operating under section 25 or section 25(a) 1 of the Federal Reserve Act, examined
by him or subject to Government Accountability Office audit under section 714 of title 31 to
other than the proper officers of such bank,
branch, agency, or organization, without first
having obtained the express permission in writing from the Comptroller of the Currency as to
a national bank or a Federal branch or Federal
agency (as such terms are defined in paragraphs
(5) and (6) of section 1(b) of the International
Banking Act of 1978), the Board of Governors of
the Federal Reserve System as to a State member bank, an uninsured State branch or State
agency (as such terms are defined in paragraphs
(11) and (12) of section 1(b) of the International
Banking Act of 1978), or an organization operating under section 25 or section 25(a) 1 of the Federal Reserve Act, or the Federal Deposit Insurance Corporation as to any other insured bank,
including any insured branch (as defined in section 3(s) of the Federal Deposit Insurance Act),,2
or from the board of directors of such bank or
organization, except when ordered to do so by a
court of competent jurisdiction, or by direction
of the Congress of the United States, or either
House thereof, or any committee of Congress or
either House duly authorized or as authorized by
section 714 of title 31 shall be fined under this
title or imprisoned not more than one year or
both.
(June 25, 1948, ch. 645, 62 Stat. 791; Pub. L. 95–320,
§ 3, July 21, 1978, 92 Stat. 393; Pub. L. 97–258,
§ 3(e)(1), Sept. 13, 1982, 96 Stat. 1064; Pub. L.
101–647, title XXV, § 2597(k), Nov. 29, 1990, 104
Stat. 4911; Pub. L. 103–322, title XXXIII,
§ 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub.
L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
1 See
2 So

References in Text note below.
in original.