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

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 191 words · no verdicts yet

in plain englishAI-generated · not legal advice

A Member of Congress, Delegate, or Resident Commissioner cannot hold or benefit from a federal government contract. This applies whether they act directly, through someone else, or in trust for themselves. Breaking this law means a fine, and any money already advanced must be repaid or recovered by lawsuit.

This section bans members of Congress from having federal government contracts. If a Member of or Delegate to Congress, or a Resident Commissioner, whether before or after taking office, personally or through someone else acting in trust for them or for their benefit, undertakes, holds, or benefits from any contract or agreement made on behalf of the United States or any federal agency — a contract made by an officer or person who was authorized to make it — that person must be fined under this title. Any such contract made in violation of this rule is void. If the United States or an agency already advanced any money because of that contract, the money must be repaid right away. If the person, or their sureties, fail or refuse to repay it when the proper department or agency officer demands repayment, a lawsuit must be brought right away against them to recover the money.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 702
  • 1951Amended · Act of Oct. 31, 1951, ch. 655 · 65 Stat. 717
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2147

A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.

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