§ 431. — Contracts by Member of Congress.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC431]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 23--CONTRACTS
Sec. 431. Contracts by Member of Congress
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.
(June 25, 1948, ch. 645, 62 Stat. 702; Oct. 31, 1951, ch. 655, Sec. 19,
65 Stat. 717; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(J), Sept.
13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 204 (Mar. 4, 1909, ch.
321, Sec. 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.
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.
Section Referred to in Other Sections
This section is referred to in section 433 of this title; title 7
section 1386; title 15 section 714m; title 22 section 2676.
