§ 435. Contracts in excess of specific appropriation

228 words·~1 min read·/usc/title-18/section-435

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Whoever, being an officer or employee of the United States, knowingly contracts for the erection, repair, or furnishing of any public building, or for any public improvement, to pay a larger amount than the specific sum appropriated for such purpose, shall be fined under this title 1 or imprisoned not more than one year, or both.

(June 25, 1948, ch. 645, 62 Stat. 703; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 184 (Mar. 4, 1909, ch. 321, § 98, 35 Stat. 1106).

Words “or employee” were inserted to remove any ambiguity as to scope of section.

The offense described in this section involves no moral turpitude, and therefore the punishment provisions were reduced from $2,000 to $1,000 and from 2 years to 1 year, so that the stigma of a felony would not attach to an offender. (See classification of felony and misdemeanor in section 1 of this title and note thereunder.)

Mandatory punishment provisions were rephrased in the alternative.

Changes were also made in phraseology.

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U.S. Code

Repealed. Pub. L. 98–473, title II, § 218(a)(1), Oct. 12, 1984, 98 Stat. 2027]
§ 1

8 references not yet in our index

1
June 25, 1948, ch. 645
62 Stat. 703
Pub. L. 103–322, title XXXIII, § 330016(1)(K)
108 Stat. 2147
Mar. 4, 1909, ch. 321, § 98
35 Stat. 1106
Pub. L. 103–322

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cites case law

§ 435

Contracts in excess of specific appropriation

U.S.C.§ 1

Cite1

ActJune 25, 1948, ch. 645

Stat.62 Stat. 703

Pub. L.Pub. L. 103–322, title XXXIII, § 330016(1)(K)

Stat.108 Stat. 2147

Cites 9 · showing 6Cited by 0 across 0 sources