office or at an area office installation other than that with authority over such reservation, agency, or service unit; (3) with respect to purchases or sales by any officer, employee, or agent employed at the area office level, such designee must be employed at not less than one grade level higher than such officer, employee, or agent at the Washington, District of Columbia, central office; and (4) the Secretary must approve purchases or sales by any officer, employee, or agent employed at the Washington, District of Columbia, central office; or

(C) to acquire any interest in property held in trust, or subject to restriction against alienation imposed, by the United States unless the conveyance or granting of such interest in such property is otherwise authorized by law.

(c) Except as provided in subsection (b)(2), nothing contained in this section shall be construed as preventing any officer, employee, or agent of the Bureau of Indian Affairs or the Indian Health Service who is an Indian, of whatever degree of Indian blood, from obtaining or receiving any benefit or benefits made available to Indians generally or to any member of his or her particular tribe, under any Act of Congress, nor to prevent any such officer, employee, or agent who is an Indian from being a member of or receiving benefits by reason of his or her membership in any Indian tribe, corporation, or cooperative association organized by Indians, when authorized under such rules and regulations as the Secretary of the Interior or the Secretary of Health, Education, and Welfare, or their designee shall prescribe.

(d) For purposes of this section, the term "Indian" means any member of an Indian tribe recognized as eligible for the services provided by the Bureau of Indian Affairs who is residing on a Federal Indian Reservation, on land held in trust by the United States for Indians, or on land subject to a restriction against alienation imposed by the United States. The term shall also include any such tribe and any Indian owned or controlled organization located on such a reservation or land.

(e) For purposes of this section, the term "Bureau of Indian Affairs" means the Bureau of Indian Affairs and the Office of the Assistant Secretary for Indian Affairs, both in the Department of the Interior.

(June 25, 1948, ch. 645, 62 Stat. 703; June 17, 1980, Pub. L. 96-277, § 1, 94 Stat. 544.)

HISTORICAL AND REVISION NOTES

Based on section 87 of title 25, U.S.C., 1940 ed., Indians (June 22, 1874, ch. 389, § 10, 18 Stat. 177).

To clarify scope of section words "department or agency" were substituted for "of the departments". (See definitions of department and agency in section 6 of this title.)

Word "officer" was inserted to remove all ambiguity as to scope of section.

Words "The violation of any of the provisions of this section shall be a misdemeanor, and" were omitted as unnecessary in view of definition of misdemeanor in section 1 of this title.

The minimum fine clause "less than $500 nor" was omitted to conform to policy followed by codifiers of 1909 Criminal Code.

Changes in phraseology were also made.

AMENDMENTS

1980-Pub. L. 96-277 substituted provisions covering certain Federal employees contracting or trading with Indians for provisions respecting Indian contracts for goods and supplies which prohibited Federal personnel from having any interest, direct or indirect, in Indian contracts for goods and supplies or attempting through collusion to obtain such contracts, punishable by fine not exceeding $5,000, or imprisonment up to six months, or both, and removal from office, covered in subsec. (a) of this section.

CHANGE OF NAME

The Secretary of Health, Education, and Welfare was redesignated the Secretary of Health and Human Services by Pub. L. 96-88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, which is classified to section 3508(b) of Title 20, Education.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 4 of Pub. L. 96-277 provided that: "The provisions of this Act [amending this section, repealing sections 68, 68a, 87a, and 441 of Title 25, Indians, and enacting provisions set out as a note under this section] shall take effect sixty days after the date of enactment of this Act [June 17, 1980].”

VALIDITY OF TRANSACTIONS PRIOR TO EFFECTIVE DATE OF PUB. L. 96-277

Section 3 of Pub. L. 96-277 provided that: "The Secretary of the Interior may review any transaction, other than one involving the sale of property held in trust or subject to a restriction against alienation imposed by the United States, occurring prior to the effective date of this Act [see Effective Date of 1980 Amendment note set out above] and, if the Secretary finds that such transaction would have been valid had the provisions of this Act [amending this section, repealing sections 68, 68a, 87a, and 441 of Title 25, Indians, and enacting provisions set out as a note under this section] been in effect at the time of such transaction, the Secretary may declare such transaction to be valid, subject to all valid transactions subsequent to such time. The Secretary may issue or execute such documents as may be necessary or desirable to evidence the validity of such a transaction. A declaration of validity of a transaction pursuant to this section shall be conclusive evidence of such validity notwithstanding the provisions of section 437 of title 18, United States Code; section 2078 of the Revised Statutes [section 68 of Title 251; section 14 of the Act of June 30, 1834 (4 Stat. 738); and section 10 of the Act of June 22, 1874 (18 Stat. 177) [section 87 of Title 251, which may have been in effect at the time of such transaction."

regulations under which any officer, employee, or agent of the Indian Health Service may purchase from or sell to any Indian any service or any real or personal property or any interest therein, are delegated to the Secretary of Health and Human Services.

SEC. 3. Until rules and regulations are issued pursuant to Sections 1 and 2 of this Order, those rules and regulations previously applicable to Federal employees contracting or trading with Indians are hereby adopted as the rules and regulations of the President pursuant to, and to the extent not inconsistent with, Section 437(b) of Title 18 of the United States Code (25 CFR 140.5 and 141.31).

CROSS REFERENCES

RONALD REAGAN.

Agreements with Indians, see section 71 et seq. of Title 25, Indians.

§ 438. Indian contracts for services generally

Whoever receives money contrary to sections 81 and 82 of Title 25, shall be fined not more than $1,000 or imprisoned not more than six months, or both; and also forfeit the money so received.

(June 25, 1948, ch. 645, 62 Stat. 703.)

HISTORICAL AND REVISION NOTES

Based on section 83 of title 25, U.S.C., 1940 ed., Indians (R.S. § 2105).

The reference to persons aiding and abetting was omitted as unnecessary. Such persons are made principals by section 2 of this title.

Punishment by imprisonment "for not less than six months" and fine of "not less than $1,000," was susceptible of no other meaning than that minimum punishment was mandatory. This has been rephrased to provide a flexible punishment within the former mandatory limits.

Words "Indian agents" were omitted as such agents have not existed since 1908. (See 25 U.S.C., §§ 32, 64, and notes thereunder.)

Sentence providing "And it shall be the duty of all district attorneys to prosecute such cases when applied to do so, and their failure and refusal shall be ground for their removal from office." was omitted because any misfeasance of office on the part of a United States district attorney is ground for his removal.

Provision of disqualification of office for violators of this section was omitted as incongruous with the small penalty and fine provisions.

Minor changes were made in phraseology.

CROSS REFERENCES

Agreements with Indians, see section 71 et seq. of Title 25, Indians.

§ 439. Indian enrollment contracts

Unless the United States consents, all contracts made with any person or persons, applicants for enrollment as citizens in the Five Civilized Tribes for compensation for services in relation thereto, shall be void, and—

Whoever collects or receives any moneys from any such applicants for citizenship, shall be fined not more than $500 or imprisoned not more than six months, or both.

(June 25, 1948, ch. 645, 62 Stat. 704.)

HISTORICAL AND REVISION NOTES

Based on section 86 (part) of title 25, U.S.C., 1940 ed., Indians (Aug. 1, 1914, ch. 222, § 17, 38 Stat. 601). Only that part of said section 86 which requires the consent of the United States to enrollment contracts was incorporated in this section.

Minor changes were made in phraseology.

CROSS REFERENCES Agreements with Indians, see section 71 et seq. of Title 25, Indians.

§ 440. Mail contracts

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 not more than $5,000 or imprisoned not more than one year, or both.

(June 25, 1948, ch. 645, 62 Stat. 704; Aug. 12, 1970, Pub. L. 91-375, § 6(j)(3), 84 Stat. 777.)

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., § 356 (Mar. 4, 1909, ch. 321, § 226, 35 Stat. 1134). Provision for dismissal from office was omitted since this might be handled better administratively. Changes were made in phraseology.

AMENDMENTS

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.

CROSS REFERENCES

Employment of postal employees in dual capacity, see section 1001 of Title 39, Postal Service.

§ 441. Postal supply contracts

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 not more than $5,000 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.

(June 25, 1948, ch. 645, 62 Stat. 704; Aug. 12, 1970, Pub. L. 91-375, § 6(j)(4), 84 Stat. 777.)

HISTORICAL AND REVISION NOTES

Based on section 808 of title 39, U.S.C., 1940 ed., The Postal Service (Aug. 24, 1912, ch. 389, § 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 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.

§ 442. Printing contracts

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 not more than $1,000 or imprisoned not more than one year, or both.

(June 25, 1948, ch. 645, 62 Stat. 704.)

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, § 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.)

of December 31, 1946, whichever applicable period is longer, shall, if a corporation, be fined not more than $50,000, and, if a natural person, be fined not more than $10,000 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.

(June 25, 1948, ch. 645, 62 Stat. 704; Oct. 31, 1951, ch. 655, § 20(a), 65 Stat. 717.)

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, § 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

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".

CROSS REFERENCES

Suspension of limitation of prosecution, see section 3287 of this title.

CHAPTER 25-COUNTERFEITING AND FORGERY

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, or (3) five years after 12 o'clock noon

Uttering counterfeit foreign obligations or securities.

Possessing counterfeit foreign obligations or

securities.

Plates or stones for counterfeiting foreign

obligations or securities.

Foreign bank notes.

1986-Pub. L. 99-646, § 31(b), Nov. 10, 1986, 100 Stat. 3598, redesignated second item 510, relating to securities of the State and private entities, as item 513 and substituted "States" for "State".

1984-Pub. L. 98-547, title II, § 201(b), Oct. 25, 1984, 98 Stat. 2770, added items 511 and 512.

Pub. L. 98-473, title II, § 1105(b), Oct. 12, 1984, 98 Stat. 2145, added second item 510 "Securities of the State and private entities".

1983-Pub. L. 98-151, § 115(c), Nov. 14, 1983, 97 Stat. 977, added item 510, relating to forging endorsements. 1965-Pub. L. 89-81, title II, § 211(b), July 23, 1965, 79 Stat. 257, struck out "Gold or silver" before "Coins or bars" in item 485.

1958-Pub. L. 85-921, § 2, Sept. 2, 1958, 72 Stat. 1771, substituted "Printing and filming of United States and foreign obligations and securities" for "Printing stamps for philatelic purposes" in item 504.

1951-Act July 16, 1951, ch. 226, § 5(c), 65 Stat. 122, struck out "; publisher's illustrations excepted" in item 489.

CROSS REFERENCES

Certificate, license or document issued to vessels, officers or seamen, counterfeiting or forging, see section 2197 of this title.

Claims against the United States, use of counterfeited or forged power of attorney, authority or instrument, see section 1003 of this title.

Embezzlement or carrying away tools and materials for counterfeiting, see section 642 of this title.

Section catchlines for sections 491 and 501 amended by Pub. L. 87-667 and Pub. L. 91-448, respectively, without corresponding amendment of chapter analysis.

2 So in original. Does not conform to section catchline.

Extradition of fugitives from country under control of United States, see section 3185 of this title. Federal Housing Administration, counterfeiting or forging instruments for purpose of influencing action, see section 1010 of this title.

Federal Savings and Loan Insurance Corporation, counterfeiting or forging instruments for purpose of influencing action, see section 1008 of this title. Forfeiture of counterfeit paraphernalia, see section 492 of this title.

Indian Arts and Crafts Board trade-mark, counterfeiting, see section 1158 of this title.

Mail fraud involving counterfeit articles, see section 1341 of this title.

Mail keys, counterfeiting or forging, see section 1704 of this title.

Naturalization or citizenship papers, counterfeiting or forging, see section 1426 of this title.

Passports, counterfeiting or forging, see section 1543 of this title.

Postal savings, counterfeiting and forgery laws as applicable, see section 1691 of this title.

Sale or receipt of counterfeited or forged securities or tools used in counterfeiting or forging securities, see section 2315 of this title.

Transportation of counterfeited or forged securities or tools used in counterfeiting or forging securities, see section 2314 of this title.

Visas and permits, counterfeiting or forging, see section 1546 of this title.

Weather reports, issuing counterfeit weather forecast or warning, see section 2074 of this title.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 7 section 12a; title 15 sections 780, 80b-3.

§ 471. Obligations or securities of United States

Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be fined not more than $5,000 or imprisoned not more than fifteen years, or both. (June 25, 1948, ch. 645, 62 Stat. 705.)

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., § 262 (Mar. 4, 1909, ch. 321, § 148, 35 Stat. 1115).

Mandatory punishment provision was rephrased in the alternative.

Changes in phraseology were made.

CANAL ZONE

CROSS REFERENCES

Obligation or other security of the United States defined, see section 8 of this title.

Wire or oral communications, authorization for interception, to provide evidence of offenses under this section, see section 2516 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14, 1961, 2516 of this title; title 12 section 1457.

§ 473. Dealing in counterfeit obligations or securities Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be fined not more than $5,000 or imprisoned not more than ten years, or both.

(June 25, 1948, ch. 645, 62 Stat. 705.)

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., § 268 (Mar. 4, 1909, ch. 321, § 154, 35 Stat. 1117).

Reference to circulating notes of banking associations was omitted as covered by definition of obligation or other security in section 8 of this title. Changes in phraseology were made.

CANAL ZONE

Applicability of section to Canal Zone, see section 14 of this title.

CROSS REFERENCES

Wire or oral communications, authorization for interception, to provide evidence of offenses under this section, see section 2516 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 14, 1961, 2516 of this title; title 12 section 1457.

§ 474. Plates or stones for counterfeiting obligations or securities

Whoever, having control, custody, or possession of any plate, stone, or other thing, or any part thereof, from which has been printed, or which may be prepared by direction of the Secretary of the Treasury for the purpose of printing, any obligation or other security of the United States, uses such plate, stone, or other thing, or any part thereof, or knowingly suffers the same to be used for the purpose of printing any such or similar obligation or other security, or any part thereof, except as may be printed for the use of the United States by order of the proper officer thereof; or

Whoever makes or executes any plate, stone, or other thing in the likeness of any plate designated for the printing of such obligation or other security; or

Whoever sells any such plate, stone, or other thing, or brings into the United States any such plate, stone, or other thing, except under the direction of the Secretary of the Treasury or other proper officer, or with any other intent, in either case, than that such plate, stone, or other thing be used for the printing of the obligations or other securities of the United States;

or

Whoever has in his control, custody, or possession any plate, stone, or other thing in any manner made after or in the similitude of any plate, stone, or other thing, from which any such obligation or other security has been printed, with intent to use such plate, stone, or other thing, or to suffer the same to be used in forging or counterfeiting any such obligation or other security, or any part thereof; or

Whoever has in his possession or custody, except under authority from the Secretary of the Treasury or other proper officer, any obligation or other security made or executed, in whole or in part, after the similitude of any obligation or other security issued under the authority of the United States, with intent to sell or otherwise use the same; or

Whoever prints, photographs, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such obligation or other security, or any part thereof, or sells any such engraving, photograph, print, or impression, except to the United States, or brings into the United States, any such engraving, photograph, print, or impression, except by direction of some proper officer of the United States; or

Whoever has or retains in his control or possession, after a distinctive paper has been adopted by the Secretary of the Treasury for the obligations and other securities of the United States, any similar paper adapted to the making of any such obligation or other security, except under the authority of the Secretary of the Treasury or some other proper officer of the United States

Shall be fined not more than $5,000 or imprisoned not more than fifteen years, or both. (June 25, 1948, ch. 645, 62 Stat. 706.)

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., § 264 (Mar. 4, 1909, ch. 321, § 150, 35 Stat. 1116).

References to persons causing, procuring, assisting or aiding were omitted as unnecessary as such persons are made principals by section 2 of this title. Changes in phraseology were made.

CANAL ZONE

Applicability of section to Canal Zone, see section 14 of this title.

CROSS REFERENCES