18 U.S.C. § 431: Contracts by Member of Congress

Summary

A Member of Congress, a Delegate, or a Resident Commissioner must not make or benefit from any contract or agreement with the United States or any federal agency — whether before or after they qualify for office, whether they do it themselves, through someone else, or in trust for their use — even if the contract was made by a person who was allowed to make contracts for the government. If they break this rule, they can be fined. Any such contract is void and any money paid under it must be repaid right away. If they refuse to repay when asked, the government will sue them and their guarantors to get the money back.

Title 18, §431

Crimes and Criminal Procedure, Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 204 (Mar. 4, 1909, ch. 321, § 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.

Editorial Notes

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.

§431 Contracts by Member of Congress