18 U.S.C. § 434 — Untitled legal text

Page 113 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 436 1 See 1994 Amendment note below. Farmers’ Home Administration Act of 1946 (August 14, 1946, ch. 964, 60 Stat. 1062). The essential nature of the transactions under the several acts would render incon- sistent any attempt to include some and exclude oth- ers. Editorial Notes REFERENCES IN TEXT The Reconstruction Finance Corporation Act, re- ferred to in text, is act Jan. 22, 1932, ch. 8, 47 Stat. 5, which was classified to chapter 14 (§ 601 et seq.) of Title 15, Commerce and Trade, and has been eliminated from the Code. For complete classification of this Act prior to its elimination from the Code, see Tables. The Agricultural Adjustment Act, referred to in text, is title I of act May 12, 1933, ch. 25, 48 Stat. 31, which is classified generally to chapter 26 (§ 601 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 601 of Title 7 and Tables. The Federal Farm Loan Act, referred to in text, is act July 17, 1916, ch. 245, 39 Stat. 360, which was classi- fied principally to sections 641 et seq. of Title 12, Banks and Banking. The Federal Farm Loan Act, as amended, was repealed by section 5.26(a) of the Farm Credit Act of 1971, Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 624. Section 5.26(a) of the Farm Credit Act of 1971 also provided that all references in other legislation to the Acts repealed thereby ‘‘shall be deemed to refer to comparable provi- sions of this Act’’. For further details, see notes under section 2001 of Title 12. For complete classification of the Federal Farm Loan Act to the Code prior to such repeal, see Tables. The Emergency Farm Mortgage Act of 1933, referred to in text, is title II of act May 12, 1933, ch. 25, 48 Stat. 31. Such title II was substantially repealed by act June 30, 1947, ch. 166, title II, § 206(c), 61 Stat. 208; act Aug. 6, 1953, ch. 335, § 19, 67 Stat. 400; act Oct. 4, 1961, Pub. L. 87–353, § 3(a), (b), (w), 75 Stat. 773, 774; act Dec. 10, 1971, Pub. L. 92–181, title V, § 5.26(a), 85 Stat. 624. For com- plete classification of this Act to the Code, see Tables. The Farm Credit Act of 1933, referred to in text, is act June 16, 1933, ch. 98, 48 Stat. 2, which was classified principally to subchapter IV (§ 1131 et seq.) of chapter 7 of Title 12, Banks and Banking. The Farm Credit Act of 1933, as amended, was repealed by section 5.26(a) of the Farm Credit Act of 1971, Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 624. Section 5.26(a) of the Farm Credit Act of 1971 also provided that all references in other legislation to the Acts repealed thereby ‘‘shall be deemed to refer to comparable provisions of this Act’’. For further details, see notes under section 2001 of Title 12. For complete classification of the Farm Credit Act of 1933 to the Code prior to such repeal, see Tables. The Home Owners Loan Act of 1933, referred to in text, is act June 13, 1933, ch. 64, 48 Stat. 128, now known as the Home Owners’ Loan Act, which is classified gen- erally to chapter 12 (§ 1461 et seq.) of Title 12. For com- plete classification of this Act to the Code, see section 1461 of Title 12 and Tables. The Farmers’ Home Administration Act of 1946, re- ferred to in text, is act Aug. 14, 1946, ch. 964, 60 Stat. 1062. Such Act was substantially repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, and act Aug. 8, 1961, Pub. L. 87–128, title III, § 341(a), 75 Stat. 318. For com- plete classification of this Act to the Code, see Tables. The Bankhead-Jones Farm Tenant Act, referred to in text, is act July 22, 1937, ch. 517, 50 Stat. 522, which is classified generally to chapter 33 (§ 1000 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1000 of Title 7 and Tables. AMENDMENTS 1961—Pub. L. 87–353 struck out ‘‘the Federal Farm Mortgage Corporation Act,’’ after ‘‘the Emergency Farm Mortgage Act of 1933,’’. Statutory Notes and Related Subsidiaries ABOLITION OF HOME OWNERS’ LOAN CORPORATION The Home Owners’ Loan Corporation, which was cre- ated by the Home Owners’ Loan Act of 1933, referred to in this section, was dissolved and abolished by act June 30, 1953, ch. 170, § 21, 67 Stat. 126, set out in note under section 1463 of Title 12, Banks and Banking. Executive Documents ABOLITION OF RECONSTRUCTION FINANCE CORPORATION The Reconstruction Finance Corporation, which was created by the Reconstruction Finance Corporation Act, referred to in this section, was abolished by sec- tion 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government Organization and Employees. [§ 434. Repealed. Pub. L. 87–849, § 2, Oct. 23, 1962, 76 Stat. 1126] Section, act June 25, 1948, ch. 645, 62 Stat. 703, related to interested persons acting as Government agents. Section was supplanted by section 208 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87–849, set out as an Effective Date note under section 201 of this title. § 435. Contracts in excess of specific appropria- tion Whoever, being an officer or employee of the United States, knowingly contracts for the erec- tion, 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 provi- sions were reduced from $2,000 to $1,000 and from 2 years to 1 year, so that the stigma of a felony would not at- tach to an offender. (See classification of felony and misdemeanor in section 1 of this title and note there- under.) 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 mak- ing the substitution for ‘‘fined not more than $1,000’’, to reflect the probable intent of Congress. § 436. Convict labor contracts Whoever, being an officer, employee, or agent of the United States or any department or agen-