§ 431. Contracts by Member of Congress

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 431
June 25, 1948, ch. 645, 62 Stat. 702
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 702
1994
Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title XXXIII § 330016(1)(J) · 108 Stat. 1796
Substituted · 18 U.S.C. § 431
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $3,000” in first par
Source evidence
Code amendment note
Pub. L. 103–322 substituted “fined under this title” for “fined not more than $3,000” in first par.
Enacted provision · exact public law section
(J) in sections 431, 432, 479, 960, 1859, 1901, 1911, and 1959 by striking “not more than $3,000” and inserting “under this title”;

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

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

Amendments1951–1994 · 2 rounds

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.

Credits

1948–1994 · 3 acts

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

Show as published

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