-CITE-
    18 USC CHAPTER 23 - CONTRACTS                               01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 23 - CONTRACTS

-HEAD-
                          CHAPTER 23 - CONTRACTS                      

-MISC1-
    Sec.                                                     
    431.        Contracts by Member of Congress.                      
    432.        Officer or employee contracting with Member of
                 Congress.                                            
    433.        Exemptions with respect to certain contracts.         
    [434.       Repealed.]                                            
    435.        Contracts in excess of specific appropriation.        
    436.        Convict labor contracts.                              
    [437.       Repealed.]                                            
    438.        Indian contracts for services generally.(!1)           
    439.        Indian enrollment contracts.(!1)                      
    440.        Mail contracts.                                       
    441.        Postal supply contracts.                              
    442.        Printing contracts.                                   
    443.        War contracts.                                        

                                AMENDMENTS                            
      1996 - Pub. L. 104-178, Sec. 1(b), Aug. 6, 1996, 110 Stat. 1565,
    struck out item 437 "Federal employees contracting or trading with
    Indians".
      1994 - Pub. L. 103-322, title XXXIII, Sec. 330010(13), Sept. 13,
    1994, 108 Stat. 2144, struck out extraneous period after "Indians"
    in item 437.
      1990 - Pub. L. 101-647, title XXXV, Sec. 3512, Nov. 29, 1990, 104
    Stat. 4922, struck out item 434 "Interested persons acting as
    Government agents" and substituted "Federal employees contracting
    or trading with Indians." for "Indian contracts for goods and
    supplies" in item 437.
      1951 - Act Oct. 31, 1951, ch. 655, Sec. 18, 65 Stat. 717, struck
    out "; exceptions" from item 431.

-FOOTNOTE-
    (!1) Section repealed by Pub. L. 106-568 without corresponding
         amendment of chapter analysis.


-End-



-CITE-
    18 USC Sec. 431                                             01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 23 - CONTRACTS

-HEAD-
    Sec. 431. Contracts by Member of Congress

-STATUTE-
      Whoever, being a Member of or Delegate to Congress, or a Resident
    Commissioner, either before or after he has qualified, directly or
    indirectly, himself, or by any other person in trust for him, or
    for his use or benefit, or on his account, undertakes, executes,
    holds, or enjoys, in whole or in part, any contract or agreement,
    made or entered into in behalf of the United States or any agency
    thereof, by any officer or person authorized to make contracts on
    its behalf, shall be fined under this title.
      All contracts or agreements made in violation of this section
    shall be void; and whenever any sum of money is advanced by the
    United States or any agency thereof, in consideration of any such
    contract or agreement, it shall forthwith be repaid; and in case of
    failure or refusal to repay the same when demanded by the proper
    officer of the department or agency under whose authority such
    contract or agreement shall have been made or entered into, suit
    shall at once be brought against the person so failing or refusing
    and his sureties for the recovery of the money so advanced.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 702; Oct. 31, 1951, ch. 655, Sec.
    19, 65 Stat. 717; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(J),
    Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 204 (Mar. 4, 1909, ch.
    321, Sec. 114, 35 Stat. 1109).
      Word "agency" was inserted in three places to eliminate any
    ambiguity as to scope of section. (See definition of department or
    agency under section 6 of this title.)
      Minor changes were made in phraseology.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $3,000" in first par.
      1951 - Act Oct. 31, 1951, struck out "; exceptions", after
    "Congress" in section catchline.

-End-



-CITE-
    18 USC Sec. 432                                             01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 23 - CONTRACTS

-HEAD-
    Sec. 432. Officer or employee contracting with Member of Congress

-STATUTE-
      Whoever, being an officer or employee of the United States, on
    behalf of the United States or any agency thereof, directly or
    indirectly makes or enters into any contract, bargain, or
    agreement, with any Member of or Delegate to Congress, or any
    Resident Commissioner, either before or after he has qualified,
    shall be fined under this title.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 702; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(J), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 205 (Mar. 4, 1909, ch.
    321, Sec. 115, 35 Stat. 1109).
      Words "agency" and "employee" were inserted to eliminate any
    ambiguity as to scope of section. (See definition of agency under
    section 6 of this title.)
      Changes were made in phraseology.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $3,000".

-End-



-CITE-
    18 USC Sec. 433                                             01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 23 - CONTRACTS

-HEAD-
    Sec. 433. Exemptions with respect to certain contracts

-STATUTE-
      Sections 431 and 432 of this title shall not extend to any
    contract or agreement made or entered into, or accepted by any
    incorporated company for the general benefit of such corporation;
    nor to the purchase or sale of bills of exchange or other property
    where the same are ready for delivery and payment therefor is made
    at the time of making or entering into the contract or agreement.
    Nor shall the provisions of such sections apply to advances, loans,
    discounts, purchase or repurchase agreements, extensions, or
    renewals thereof, or acceptances, releases or substitutions of
    security therefor or other contracts or agreements made or entered
    into under the Reconstruction Finance Corporation Act, the
    Agricultural Adjustment Act, the Federal Farm Loan Act, the
    Emergency Farm Mortgage Act of 1933, the Farm Credit Act of 1933,
    or the Home Owners Loan Act of 1933, the Farmers' Home
    Administration Act of 1946, the Bankhead-Jones Farm Tenant Act, or
    to crop insurance agreements or contracts or agreements of a kind
    which the Secretary of Agriculture may enter into with farmers.
      Any exemption permitted by this section shall be made a matter of
    public record.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 703; Pub. L. 87-353, Sec. 3(o),
    Oct. 4, 1961, 75 Stat. 774.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on section 1514(f) of title 7, U.S.C., 1940 ed.,
    Agriculture; sections 264w, 598, 1138d(e), 1441(e), 1467(d) of
    title 12, U.S.C., 1940 ed., Banks and Banking; section 616(e) of
    title 15, U.S.C., 1940 ed., Commerce and Trade; title 18, U.S.C.,
    1940 ed., Sec. 206 (Mar. 4, 1909, ch. 321, Sec. 116, 35 Stat. 1109;
    Dec. 23, 1913, ch. 6, Sec. 22(j), as added June 19, 1934, ch. 653,
    Sec. 3, 48 Stat. 1107; Jan. 22, 1932, ch. 8, Sec. 16(e), 47 Stat.
    12; July 22, 1932, ch. 522, Sec. 21, 47 Stat. 738; June 13, 1933,
    ch. 64, Sec. 8, 48 Stat. 135; June 16, 1933, ch. 98, Sec. 64, 48
    Stat. 268, 269; Jan. 25, 1934, ch. 5, 48 Stat. 337; Jan. 31, 1934,
    ch. 7, Sec. 13, 48 Stat. 347; June 27, 1934, ch. 847, title V, Sec.
    510, 58 Stat. 1264; May 28, 1935, ch. 150, Secs. 20, 21, 49 Stat.
    298; Aug. 23, 1935, ch. 614, Sec. 101, 49 Stat. 703; Aug. 26, 1937,
    ch. 821, 50 Stat. 838; Feb. 16, 1938, ch. 30, title V, Sec. 514, 52
    Stat. 77).
      These sections were consolidated with such changes of phraseology
    as were necessary to effect consolidation. Said section 206 of
    title 18, U.S.C., 1940 ed., was the principal source of this
    section, but the enumeration of the kinds of commitments exempted
    was drawn from the various sections of said title 12 set forth
    above. The reference to crop insurance agreements is drawn from
    section 1514(f) of Title 7, Agriculture.
      The applicability provisions of the sections here consolidated
    were unclear and of doubtful value. As revised the section
    preserves everything of value without change of substance.
      References to the Bankhead-Jones Farm Tenant Act and the Farmers'
    Home Administrative Act of 1946 were included in this revised
    section notwithstanding the omission (and consequent repeal) of
    former subsection (d) of section 52 of the said Bankhead-Jones Act
    (1937) (Title 7, U.S.C., 1940 ed., Sec. 1026) in the amendment of
    said section 52 of such Act by section 3 of the said 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 inconsistent any attempt to include some and
    exclude others.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Reconstruction Finance Corporation Act, referred to in text,
    is act Jan. 22, 1932, ch. 8, 47 Stat. 5, as amended, which was
    classified to chapter 14 (Sec. 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, as amended, which is
    classified generally to chapter 26 (Sec. 601 et seq.) of Title 7,
    Agriculture. For complete classification of this Act to the Code,
    see Short Title note set out under section 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, as amended, which was classified
    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 provisions
    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, as amended. Such
    title II was substantially repealed by act June 30, 1947, ch. 166,
    title II, Sec. 206(c), 61 Stat. 208; act Aug. 6, 1953, ch. 335,
    Sec. 19, 67 Stat. 400; act Oct. 4, 1961, Pub. L. 87-353, Sec. 3(a),
    (b), (w), 75 Stat. 773, 774; act Dec. 10, 1971, Pub. L. 92-181,
    title V, Sec. 5.26(a), 85 Stat. 624. For complete 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, as amended, which was classified
    principally to subchapter IV (Sec. 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, as amended, now known as the
    Home Owners' Loan Act, which is classified generally to chapter 12
    (Sec. 1461 et seq.) of Title 12. For complete classification of
    this Act to the Code, see section 1461 of Title 12 and Tables.
      The Farmers' Home Administration Act of 1946, referred to in
    text, is act Aug. 14, 1946, ch. 964, 60 Stat. 1062, as amended.
    Such Act was substantially repealed by act June 25, 1948, ch. 645,
    Sec. 21, 62 Stat. 862, and act Aug. 8, 1961, Pub. L. 87-128, title
    III, Sec. 341(a), 75 Stat. 318. For complete 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, as amended, which is
    classified generally to chapter 33 (Sec. 1000 et seq.) of Title 7,
    Agriculture. For complete classification of this Act to the Code,
    see section 1000 of Title 7 and Tables.


-MISC2-
                                AMENDMENTS                            
      1961 - Pub. L. 87-353 struck out "the Federal Farm Mortgage
    Corporation Act," after "the Emergency Farm Mortgage Act of 1933,".


-TRANS-
              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 section 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.

                ABOLITION OF HOME OWNERS' LOAN CORPORATION            
      The Home Owners' Loan Corporation, which was created by the Home
    Owners' Loan Act of 1933, referred to in this section, was
    dissolved and abolished by act June 30, 1953, ch. 170, Sec. 21, 67
    Stat. 126, set out in note under section 1463 of Title 12, Banks
    and Banking.

-End-



-CITE-
    18 USC Sec. 434                                             01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 23 - CONTRACTS

-HEAD-
    Sec. 434. Repealed.

-MISC1-
    [Sec. 434. Repealed. Pub. L. 87-849, Sec. 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.

                         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.

-End-



-CITE-
    18 USC Sec. 435                                             01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 23 - CONTRACTS

-HEAD-
    Sec. 435. Contracts in excess of specific appropriation

-STATUTE-
      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.


-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 703; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       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.

-FOOTNOTE-
    (!1) See 1994 Amendment note below.


-End-



-CITE-
    18 USC Sec. 436                                             01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 23 - CONTRACTS

-HEAD-
    Sec. 436. Convict labor contracts

-STATUTE-
      Whoever, being an officer, employee, or agent of the United
    States or any department or agency thereof, contracts with any
    person or corporation, or permits any warden, agent, or official of
    any penal or correctional institution, to hire out the labor of any
    prisoners confined for violation of any laws of the United States,
    shall be fined under this title (!1) or imprisoned not more than
    three years, or both.


-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 703; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Secs. 708, 709 (Feb. 23,
    1887, ch. 213, Secs. 1, 2, 24 Stat. 411).
      This section consolidates sections 708 and 709 of title 18,
    U.S.C., 1940 ed., as the offense and penalty provisions,
    respectively.
      Words "department or agency thereof" were inserted to clarify
    scope of section. See definition of department and agency in
    section 6 of this title.
      To retain uniformity words "shall be deemed guilty of a
    misdemeanor, and," were omitted. The reference to misdemeanor is
    now covered by the definition in section 1 of this title.
      Words "on conviction thereof" were omitted as unnecessary since
    punishment can follow only upon conviction.
      The minimum punishment provisions "less than one year nor" and
    "less than $500 nor" were deleted to conform to the policy followed
    by codifiers of 1909 Criminal Code. (See reviser's note under
    section 203 of this title.)
      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.

-FOOTNOTE-
    (!1) See 1994 Amendment note below.


-End-



-CITE-
    18 USC Sec. 437                                             01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 23 - CONTRACTS

-HEAD-
    Sec. 437. Repealed.

-MISC1-
    [Sec. 437. Repealed. Pub. L. 104-178, Sec. 1(a), Aug. 6, 1996, 110
      Stat. 1565].
      Section, acts June 25, 1948, ch. 645, 62 Stat. 703; June 17,
    1980, Pub. L. 96-277, Sec. 1, 94 Stat. 544; Sept. 13, 1994, Pub. L.
    103-322, title XXXIII, Sec. 330016(1)(L), 108 Stat. 2147, related
    to Federal employees contracting or trading with Indians.

                         EFFECTIVE DATE OF REPEAL                     
      Section 1(c) of Pub. L. 104-178 provided that: "The repeal made
    by subsection (a) [repealing this section] shall - 
        "(1) take effect on the date of enactment of this Act [Aug. 6,
      1996]; and
        "(2) apply with respect to any contract obtained, and any
      purchase or sale occurring, on or after the date of enactment of
      this Act."

-End-



-CITE-
    18 USC Secs. 438, 439                                       01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 23 - CONTRACTS

-HEAD-
    Secs. 438, 439. Repealed.

-MISC1-
    [Secs. 438, 439. Repealed. Pub. L. 106-568, title VIII, Sec.
      812(c)(2), Dec. 27, 2000, 114 Stat. 2917].
      Section 438, acts June 25, 1948, ch. 645, 62 Stat. 703; Pub. L.
    103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat.
    2147, related to Indian contracts for services generally.
      Section 439, acts June 25, 1948, ch. 645, 62 Stat. 704; Pub. L.
    103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat.
    2147, related to Indian enrollment contracts.

-End-



-CITE-
    18 USC Sec. 440                                             01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 23 - CONTRACTS

-HEAD-
    Sec. 440. Mail contracts

-STATUTE-
      Whoever, being a person employed in the Postal Service, becomes
    interested in any contract for carrying the mail, or acts as agent,
    with or without compensation, for any contractor or person offering
    to become a contractor in any business before the Postal Service,
    shall be fined under this title (!1) or imprisoned not more than
    one year, or both.


-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 704; Pub. L. 91-375, Sec.
    6(j)(3), Aug. 12, 1970, 84 Stat. 777; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 356 (Mar. 4, 1909, ch.
    321, Sec. 226, 35 Stat. 1134).
      Provision for dismissal from office was omitted since this might
    be handled better administratively.
      Changes were 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 $10,000", was executed by making the substitution for
    "fined not more than $5,000", to reflect the probable intent of
    Congress.
      1970 - Pub. L. 91-375 substituted "Postal Service" for "Post
    Office Department" before ", shall be fined".

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Amendment by Pub. L. 91-375 effective within 1 year after Aug.
    12, 1970, on date established therefor by the Board of Governors of
    the United States Postal Service and published by it in the Federal
    Register, see section 15(a) of Pub. L. 91-375, set out as an
    Effective Date note preceding section 101 of Title 39, Postal
    Service.

-FOOTNOTE-
    (!1) See 1994 Amendment note below.


-End-



-CITE-
    18 USC Sec. 441                                             01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 23 - CONTRACTS

-HEAD-
    Sec. 441. Postal supply contracts

-STATUTE-
      No contract for furnishing supplies to the Postal Service shall
    be made with any person who has entered, or proposed to enter, into
    any combination to prevent the making of any bid for furnishing
    such supplies, or to fix a price or prices therefor, or who has
    made any agreement, or given or performed, or promised to give or
    perform, any consideration whatever to induce any other person not
    to bid for any such contract, or to bid at a specified price or
    prices thereon.
      Whoever violates this section shall be fined under this title
    (!1) or imprisoned not more than one year, or both; and if the
    offender is a contractor for furnishing such supplies his contract
    may be annulled.


-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 704; Pub. L. 91-375, Sec.
    6(j)(4), Aug. 12, 1970, 84 Stat. 777; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on section 808 of title 39, U.S.C., 1940 ed., The Postal
    Service (Aug. 24, 1912, ch. 389, Sec. 2, 37 Stat. 553).
      Minimum punishment provisions "less than $100 nor" and "less than
    three months nor" were omitted to conform to policy followed by
    codifiers of 1909 Criminal Code.
      Changes in phraseology were also made.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322, which directed the amendment of this
    section by substituting "fined under this title" for "fined not
    more than $10,000", was executed by making the substitution for
    "fined not more than $5,000" in second par., to reflect the
    probable intent of Congress.
      1970 - Pub. L. 91-375 struck out "Post Office Department or the"
    before "Postal Service".

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Amendment by Pub. L. 91-375 effective within 1 year after Aug.
    12, 1970, on date established therefor by the Board of Governors of
    the United States Postal Service and published by it in the Federal
    Register, see section 15(a) of Pub. L. 91-375, set out as an
    Effective Date note preceding section 101 of Title 39, Postal
    Service.

-FOOTNOTE-
    (!1) See 1994 Amendment note below.


-End-



-CITE-
    18 USC Sec. 442                                             01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 23 - CONTRACTS

-HEAD-
    Sec. 442. Printing contracts

-STATUTE-
      Neither the Public Printer, superintendent of printing,
    superintendent of binding, nor any of their assistants shall,
    during their continuance in office, have any interest, direct or
    indirect, in the publication of any newspaper or periodical, or in
    any printing, binding, engraving, or lithographing of any kind, or
    in any contract for furnishing paper or other material connected
    with the public printing, binding, lithographing, or engraving.
      Whoever violates this section shall be fined under this title or
    imprisoned not more than one year, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 704; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on section 53 of title 44, U.S.C., 1940 ed., Public
    Printing and Documents (Jan. 12, 1895, ch. 23, Sec. 34, 28 Stat.
    605).
      Words "on conviction before any court of competent jurisdiction"
    were omitted as unnecessary, since punishment cannot be imposed
    until there has been a conviction before a competent tribunal.
      Words "in the penitentiary" were omitted as surplusage as section
    4082 of this title commits all prisoners to the custody of the
    Attorney General. (See reviser's note under section 1 of this
    title.)
      The minimum punishment provision "for a term of not less than one
    nor" was omitted in keeping with policy of codifiers of 1909
    Criminal Code.
      Mandatory punishment provision was rephrased in the alternative.
      The offense described in this section involves no moral
    turpitude, and therefore the punishment provisions were reduced
    from 5 years to 1 year, so that the stigma of a felony would not
    attach to an offender. The fine was increased from $500 to $1,000
    as more proportionate to the 1-year term of imprisonment. (See
    classification of felony and misdemeanor in section 1 of this title
    and note thereunder.)

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $1,000" in second par.

-End-



-CITE-
    18 USC Sec. 443                                             01/03/2007

-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 23 - CONTRACTS

-HEAD-
    Sec. 443. War contracts

-STATUTE-
      Whoever willfully secretes, mutilates, obliterates, or destroys -
    
        (a) any records of a war contractor relating to the
      negotiation, award, performance, payment, interim financing,
      cancellation or other termination, or settlement of a war
      contract of $25,000 or more; or
        (b) any records of a war contractor or purchaser relating to
      any disposition of termination inventory in which the
      consideration received by any war contractor or any government
      agency is $5,000 or more,

    before the lapse of (1) five years after such disposition of
    termination inventory by such war contractor or government agency,
    or (2) five years after the final settlement of such war contract,
    whichever applicable period is longer, shall be fined under this
    title or imprisoned not more than five years, or both.
      The Administrator of General Services, by regulation, may
    authorize the destruction of such records upon such terms and
    conditions as he deems appropriate, including the requirement for
    the making and retaining of photographs or microphotographs, which
    shall have the same force and effect as the originals thereof.
      The definitions of terms in section 103 of Title 41 shall apply
    to similar terms used in this section.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 704; Oct. 31, 1951, ch. 655, Sec.
    20(a), 65 Stat. 717; Pub. L. 103-322, title XXXIII, Secs.
    330004(17), 330016(2)(F), Sept. 13, 1994, 108 Stat. 2142, 2148.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on section 119, first and second paragraphs, of title 41
    U.S.C., 1940 ed., Public Contracts (July 1, 1944, ch. 358, Sec.
    19(a), 58 Stat. 667).
      Section was rewritten with changes of phraseology to conform to
    the style adopted in the revision.
      The definition of "records" was omitted as surplusage in order to
    avoid any inference that "records" as used in other sections was
    intended to have a different or more limited connotation than the
    broad and commonly understood meaning popularly assigned to the
    term.
      The last paragraph was added to obviate any possibility of doubt
    as to meaning of terms defined in section 103 of Title 41, Public
    Contracts.
      Reference to persons causing or procuring was omitted as
    unnecessary in view of definition of "principal" in section 2 of
    this title.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322, in concluding provisions of first par.,
    struck out "or (3) five years after 12 o'clock noon of December 31,
    1946," after "of such war contract," and substituted "shall be
    fined under this title" for "shall, if a corporation, be fined not
    more than $50,000, and, if a natural person, be fined not more than
    $10,000".
      1951 - Act Oct. 31, 1951, substituted "12 o'clock noon of
    December 31, 1946" for "the termination of hostilities in the
    present war as proclaimed by the President or by a concurrent
    resolution of the two Houses of Congress", and, in penultimate
    paragraph, substituted "Administrator of General Services" for
    "Director of Contract Settlement".

-End-