FEDERAL · 18 U.S.C. · Chapter 23
Contracts in excess of specific appropriation
18 U.S.C. § 435
Title18 — Crimes and Criminal Procedure
Chapter23 — CONTRACTS
This text of 18 U.S.C. § 435 (Contracts in excess of specific appropriation) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
18 U.S.C. § 435.
Text
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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Related
Applicability of the Antideficiency Act to a Violation of a Condition or Internal Cap Within an Appropriation
(Office of Legal Counsel, 2001)
Source Credit
History
(June 25, 1948, ch. 645, 62 Stat. 703; Pub. L. 103–322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
Editorial Notes
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.
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 $5,000", was executed by making the substitution for "fined not more than $1,000", to reflect the probable intent of Congress.
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.
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 $5,000", was executed by making the substitution for "fined not more than $1,000", to reflect the probable intent of Congress.
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Bluebook (online)
18 U.S.C. § 435, Counsel Stack Legal Research, https://law.counselstack.com/usc/18/435.