Title 18Crimes and Criminal ProcedureRelease 119-73

§435 Contracts in excess of specific appropriation

Title 18 › Part PART I— - CRIMES › Chapter CHAPTER 23— - CONTRACTS › § 435

Last updated Apr 6, 2026|Official source

Summary

Makes it a crime for a federal officer or employee who knowingly agrees to pay more than approved for public works. They can be fined or jailed up to one year.

Full Legal Text

Title 18, §435

Crimes and Criminal Procedure — Source: USLM XML via OLRC

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 11 See 1994 Amendment note below. or imprisoned not more than one year, or both.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

18 U.S.C. § 435

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73