18-U.S.C.-435

18-U.S.C.-435

§435 – Contracts In Excess of Specific Appropriation

Pathway

Title 18 > Part I > Chapter 23 > Section 435

Details

  • Reference: Section 435
  • Legend: §435 – Contracts In Excess of Specific Appropriation
  • USCode Year: 2013

Provision Content

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  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.

Amendments

1994—Pub. L. 103–322, which directed the amendment of this section by substituting fined under this title for fined not more than $5,000, was executed by making the substitution for fined not more than $1,000, to reflect the probable intent of Congress.

U.S. Encyclopedia of Law Coverage

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10-U.S.C.-2474 in the Legal Encyclopedia: Contracts

In this entry about 10-U.S.C.-2474, find legal reference material, bibliographies and premiere content related to contracts in the American Encyclopedia of Law, presenting a comprehensive view of the United States contracts-specific issues, written by authorities in the field.

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