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AMENDMENT

Last paragraph was added by act Oct. 8, 1940, cited to text.

CROSS REFERENCES

Application to contracts or agreements with the Federal Crop Insurance Corporation under the Federal Crop Insurance Act, chapter 36, of Title 7, Agriculture, see section 1514 (f) of that title.

§ 204. (Criminal Code, section 114.) Member of Congress interested in public contracts; contracts void.-Whoever, being elected or appointed a Member of or Delegate to Congress, or a Resident Commissioner, shall, after his election or appointment and either before or after he has qualified, and during his continuance in office, directly or indirectly, himself, or by any other person in trust for him, or for his use or benefit, or on his account, undertake, execute, hold, or enjoy, in whole or in part, any contract or agreement, made or entered into in behalf of the United States by any officer or person authorized to make contracts on its behalf, shall be fined not more than $3,000. 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, 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 under whose authority such contract or agreement shall have been made or entered into, suit shall at once be brought against the persons so failing or refusing and his sureties for the recovery of the money so advanced. (Mar. 4, 1909, ch. 321, § 114, 35 Stat. 1109.)

DERIVATION

R. S. § 3739, which was revised from act Apr. 21, 1808, ch. 48, 2 Stat. 484 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

CROSS REFERENCES

Application to contracts or agreements with the Federal Crop Insurance Corporation under the Federal Crop Insurance Act, chapter 36 of Title 7, Agriculture, see section 1514 (f) of that title.

Application to loans or payments made under sections 590h and 5900 of Title 16, Conservation, and the Agricultural Adjustment Act of 1938, chapter 35 of Title 7, Agriculture (except section 1383 (a)) see section 1586 of that title.

Contracts not affected by this section, see section 206 of this title.

§ 205. (Criminal Code, section 115.) Making official contract with Member of Congress.-Whoever, being an officer of the United States, shall on behalf of the United States, directly or indirectly, make or enter into any contract, bargain, or agreement, in writing or otherwise, with any Member of or Delegate to Congress, or any Resident Commissioner, after his election or appointment as such Member, Delegate, or Resident Commissioner, and either before or after he has qualified, and during his continuance in office, shall be fined no more than $3,000. (Mar. 4, 1909, ch. 321, § 115, 35 Stat. 1109.)

DERIVATION

R. S. § 3742, as amended by act Feb. 27, 1877, ch. 69, 19 Stat. 249, which was revised from act Apr. 21, 1808, ch. 48, 2 Stat. 484 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

CROSS REFERENCES

Application to contracts or agreements with the Federal Crop Insurance Corporation under the Federal Crop Insurance Act, chapter 36 of Title 7, Agriculture, see section 1514 (f) of that title.

Application to loans or payments made under sections 590h and 590% of Title 16, Conservation, and the Agricultural Adjustment Act of 1938, chapter 35 of Title 7, Agriculture (except section 1383 (a)) see section 1586 of that title.

Contracts not affected by this section, see section 206 of this title.

§ 206. (Criminal Code, section 116, as amended.) Contracts not affected.-Nothing contained in sections 204 and 205 of this title shall extend, or be construed to extend, to any contract or agreement made or entered into, or accepted, by any incorporated company, where such contract or agreement is made for the general benefit of such incorporation or company; nor to the purchase or sale of bills of exchange or other property by any Member of or Delegate to Congress, or Resident Commissioner, 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 any contracts or agreements entered into under the Agricultural Adjustment Act, the Federal Farm Loan Act, the Emergency Farm Mortgage Act of 1933, the Federal Farm Mortgage Corporation Act,' the Farm Credit Act of 1933,5 and the Home Owners' Loan Act of 1933, and shall not apply to contracts or agreements of a kind which the Secretary of Agriculture may enter into with farmers: Provided, That such exemption shall be made a matter of public record. (Mar. 4, 1909, ch. 321, § 116, 35 Stat. 1109; Jan. 25, 1934, ch. 5, 48 Stat. 337; June 27, 1934, ch. 847, title V, § 510, 48 Stat. 1264; Aug. 26, 1937, ch. 821, 50 Stat. 838.)

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1 See sections 601-608c, 608d-612, 613-619, 620, 623, 624 of Title 7, Agriculture.

2 Distribution of Federal Farm Loan Act, see note under section 641 of Title 12, Banks and Banking.

3 See sections 347, 462b, 636, 637, 723, 771, 781, 810, 821, 823 note, 963a, 992, 993, 10161019 of Title 12, Banks and Banking, section 609c of Title 15, Commerce and Trade, and sections 403, 404 of Title 43, Public Lands.

See sections 347, 355, 723 (f), 772, 781, 897, 992a, 1016 (b), (g), 1020-1020h, 1131i (a) (2), (e), 1138b, 1138d, 1161 of Title 12, Banks and Banking.

For distribution of the Farm Credit Act of 1933 in this code, see note under section 639 of Title 12, Banks and Banking.

• See sections 1424 (a), 1461-1463, 1464-1468 of Title 12, Banks and Banking.

DERIVATION

R. S. § 3740, as amended by act Feb. 27, 1877, ch. 69, 19 Stat. 249, which was revised from act Apr. 21, 1808, ch. 48, 2 Stat. 484 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

CROSS REFERENCES

Application to contracts or agreements with the Federal Crop Insurance Corporation under the Federal Crop Insurance Act, chapter 36 of Title 7, Agriculture, see section 1514 (f) of that title.

§ 207. (Criminal Code, section 117.) Official accepting bribe.Whoever, being an officer of the United States, or a person acting for or on behalf of the United States, in any official capacity, under or by virtue of the authority of any department or office of the Government thereof; or whoever, being an officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or of both Houses thereof, shall ask, accept, or receive any money, or any contract, promise, undertak

ing, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, with intent to have his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, influenced theerby, shall be fined not more than three times the amount of money or value of the thing so asked, accepted, or received, and imprisoned not more than three years; and shall, moreover, forfeit his office or place and thereafter be forever disqualified from holding any office of honor, trust, or profit under the Government of the United States. (Mar. 4, 1909, ch. 321, § 117, 35 Stat. 1109.)

DERIVATION

R. S. § 5501, which was revised from acts Feb. 26, 1853, ch. 81, 10 Stat. 171; Mar. 3, 1863, ch. 76, 12 Stat. 740; July 13, 1866, ch. 184, 14 Stat. 168; July 18, 1866, ch. 201, 14 Stat. 186; Mar. 3, 1875, ch. 144, 18′ Stat. 479 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

R. S. § 5502 which was repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

CROSS REFERENCES

Application to contracts or agreements with the Federal Crop Insurance Corporation under the Federal Crop Insurance Act, chapter 36 of Title 7, Agriculture, see section 1514 (f) of that title.

§ 208. (Criminal Code, section 118.) Political contributions; solicitation. It is unlawful for any Senator or Representative in, or Delegate or Resident Commissioner to, Congress, or any candidate for, or individual elected as, Senator, Representative, Delegate, or Resident Commissioner, or any officer or employee of the United States, or any person receiving any salary or compensation for services from money derived form the Treasury of the United States, to directly or indirectly solicit, receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever, from any other such officer, employee, or person. (Mar. 4, 1909, ch. 321, § 118, 35 Stat. 1110; Feb. 28, 1925, ch. 368, § 312, 43 Stat. 1073.)

DERIVATION

Act Jan. 16, 1883, ch. 27, § 11, 22 Stat. 406, which was repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 209. (Criminal Code, section 119.) Same; not to be received in public offices.-No person shall, in any room or building occupied in the discharge of official duties by any officer or employee of the United States mentioned in section 208 of this title, or in any navy yard, fort, or arsenal, solicit in any manner whatever or receive any contribution of money or other thing of value for any political purpose whatever. (Mar. 4, 1909, ch. 321, § 119, 35 Stat. 1110.)

DERIVATION

Act Jan. 16, 1883, ch. 27, § 12, 22 Stat. 407, which was repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

8 210. (Criminal Code, section 120.) Same; immunity from official proscription.-No officer or employee of the United

States mentioned in section 208 of this title shall discharge, or promote, or degrade, or in any manner change the official rank or compensation of any other officer or employee, or promise or threaten so to do, for giving or withholding or neglecting to make any contribution of money or other valuable thing for any political purpose. (Mar. 4, 1909, ch. 321, § 120, 35 Stat. 1110.)

DERIVATION

Act Jan. 16, 1883, ch. 27, § 13, 22 Stat. 407, which was repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 211. (Criminal Code, section 121.) Same; making to officials. No officer, clerk, or other person in the service of the United States shall, directly or indirectly, give or hand over to any other officer, clerk, or person in the service of the United States, or to any Senator or Member of or Delegate to Congress, or Resident Commissioner, any money or other valuable thing on account of or to be applied to the promotion of any political object whatever. (Mar. 4, 1909, ch. 321, § 121, 35 Stat. 1110.)

DERIVATION

Act Jan. 16, 1883, ch. 27, § 14, 22 Stat. 407, which was repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 212. (Criminal Code, section 122.) Same; punishment.— Whoever shall violate any provision of sections 208-211 of this title shall be fined not more than $5,000, or imprisoned not more than three years, or both. (Mar. 4, 1909, ch. 321, § 122, 35 Stat. 1110.)

DERIVATION

Act Jan. 16, ch. 27, § 15, 22 Stat. 407, which was repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 213. Same; removal from office.-Any executive officer or employee of the United States not appointed by the President, with the advice and consent of the Senate, who shall request, give to, or receive from, any other officer or employee of the Government any money or property or other thing of value for political purposes shall be at once discharged from the service of the United States. (Aug. 15, 1876, ch. 287, § 6, 19 Stat. 169.)

CROSS REFERENCE

Employees to be removed from classified civil service only for cause, see section 652 of Title 5, Executive Departments and Government Officers and Employees.

§ 214. (Criminal Code, section 123.) Officials giving advance information of crop reports. Whoever, being an officer or employee of the United States or a person acting for or on behalf of the United States in any capacity under or by virtue of the authority of any department or office thereof, and while holding such office, employment, or position shall, by virtue of the office, employment, or position held by him, become possessed of any information which might exert an influence upon or affect the market value of any product of the soil grown within the United States, which information is by law or by the rules of the department or office required to be withheld from publication until a fixed

time, and shall willfully impart, directly or indirectly, such information, or any part thereof, to any person not entitled under the law or the rules of the department or office to receive the same; or shall, before such information is made public through regular official channels, directly or indirectly speculate in any such product respecting which he has thus become possessed of such information, by buying or selling the same in any quantity, shall be fined not more than $10,000, or imprisoned not more than ten years, or both. No person shall be deemed guilty of a violation of any such rule, unless prior to such alleged violation he shall have had actual knowledge thereof. (Mar. 4, 1909, ch. 321, § 123. 35 Stat. 1110.)

§ 215. (Criminal Code, section 124.) Official knowingly issuing false crop reports.-Whoever being an officer or employee of the United States and whose duties require the compilation or report of statistics or information relative to the products of the soil, shall knowingly compile for issuance, or issue, any false statistics or information as a report of the United States, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (Mar. 4, 1909, ch. 321, § 124, 35 Stat. 1111.)

OFFENSES AGAINST PUBLIC JUSTICE

§ 231. (Criminal Code, section 125.) Perjury.-Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, shall willfully and contrary to such oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than $2,000 and imprisoned not more than five years. (Mar. 4, 1909, ch. 321, § 125, 35 Stat. 1111.)

DERIVATION

R. S. §. 5392, which was revised from acts Apr. 3, 1790, ch. 9, 1 Stat. 116; Mar. 3, 1825, ch. 65, 4 Stat. 118 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 232. (Criminal Code, section 126.) Subornation of perjury.Whoever shall procure another to commit any perjury is guilty of subornation of perjury, and punishable as in section 231 of this title prescribed. (Mar. 4, 1909, ch. 321, § 126, 38 Stat. 1111.)

DERIVATION

R. S. § 5393, which was revised from acts Apr. 30, 1790, ch. 9, 1 Stat. 116; Mar. 3, 1825, ch. 65, 4 Stat. 118 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 234. (Criminal Code, section 128.) Destroying public records. Whoever shall willfully and unlawfully conceal, remove, mutilate, obliterate, or destroy, or attempt to conceal, remove, mutilate, obliterate, or destroy, or, with intent to conceal, remove, mutilate, obliterate, destroy, or steal, shall take and carry away any record, proceeding, map, book, paper, document or other thing, filed or deposited with any clerk or officer of any court of the

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