§431 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

A Member of Congress, a Delegate, or a Resident Commissioner must not, for themselves or through someone else, make, take part in, or benefit from any contract made for the United States or one of its agencies by an official who can sign contracts. If they do, they can be fined, the contract is void, any money advanced must be paid back at once, and the agency must sue the person and their guarantors if they refuse to repay.

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