§ 435. — Contracts in excess of specific appropriation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC435]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 23--CONTRACTS
Sec. 435. Contracts in excess of specific appropriation
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.
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\1\ See 1994 Amendment note below.
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(June 25, 1948, ch. 645, 62 Stat. 703; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 184 (Mar. 4, 1909, ch.
321, Sec. 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.
