§22. Interest of Member of Congress

No member ¹ of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit to arise thereupon.

(R.S. §3741; Feb. 27, 1877, ch. 69, §1, 19 Stat. 249 ; Jan. 25, 1934, ch. 5, 48 Stat. 337 ; June 27, 1934, ch. 847, title V, §510, 48 Stat. 1264 ; Aug. 26, 1937, ch. 821, 50 Stat. 838 ; Oct. 13, 1994, Pub. L. 103–355, title VI, §6004, 108 Stat. 3364 .)

Codification

R.S. §3741 derived from act Apr. 21, 1808, ch. 48, §3, 2 Stat. 484 .

Amendments

1994-Pub. L. 103–355 amended section generally. Prior to amendment, section read as follows: "In every contract or agreement to be made or entered into, or accepted by or on behalf of the United States, there shall be inserted an express condition that no Member of or Delegate to Congress shall be admitted to any share or part of such contract or agreement, or to any benefit to arise thereupon. Nor shall the provisions of this section apply to any contracts or agreements heretofore or hereafter entered into under the Agricultural Adjustment Act, the Federal Farm Loan Act, the Emergency Farm Mortgage Act of 1933, the Federal Farm Mortgage Corporation Act, the Farm Credit Act of 1933, and the Home Owners' Loan Act of 1933, and shall not apply to contracts or agreements of a kind which the Secretary of Agriculture may enter into with farmers: Provided, That such exemption shall be made a matter of public record."

1937-Act Aug. 26, 1937, inserted provision at end beginning with "and shall not apply".

1934-Act June 27, 1934, inserted ", the Federal Farm Loan Act, the Emergency Farm Mortgage Act of 1933, the Federal Farm Mortgage Corporation Act, the Farm Credit Act of 1933, and the Home Owners' Loan Act of 1933".

Act Jan. 25, 1934, inserted provision that this section shall not apply to any contracts or agreements heretofore or hereafter entered into under the Agricultural Adjustment Act.

1877-Act Feb. 27, 1877, inserted "or Delegate to" after "that no Member of".

Effective Date of 1994 Amendment

For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 251 of this title.

Cross References

Acquisition of land for flood control, applicability of this section, see section 702m of Title 33, Navigation and Navigable Waters.

Commodity Credit Corporation, agreements of, except agreements with farmers participating in Corporation's program, subject to this section, see section 714l of Title 15, Commerce and Trade.

Contracts by Members of Congress and exemptions with respect to certain contracts, see sections 431 and 433 of Title 18, Crimes and Criminal Procedure.

Secretary of State contracts with foreign or domestic agencies for purposes of United States exchange program excepted from this section, see section 1472 of Title 22, Foreign Relations and Intercourse.

Section inapplicable to crop-insurance agreements made under the Federal Crop Insurance Act, see section 1514 of Title 7, Agriculture.

Section inapplicable to loans or payments made under Agricultural Adjustment Act of 1938, except section 1383, see section 1386 of Title 7.

Section Referred to in Other Sections

This section is referred to in title 7 sections 1386, 1514; title 10 section 2343; title 15 section 714l; title 19 section 2081; title 22 sections 1472, 2676; title 26 section 7608; title 33 section 702m.

¹ So in original. Probably should be capitalized.