§ 22. — Interest of 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: 41USC22]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 1--GENERAL PROVISIONS
Sec. 22. Interest of Member of Congress
No Member 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. The provisions
of this section shall not apply to any contracts or agreements
heretofore or hereafter entered into under the Agricultural Adjustment
Act [7 U.S.C. 601 et seq.], 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 [12
U.S.C. 1461 et seq.], 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.
(R.S. Sec. 3741; Feb. 27, 1877, ch. 69, Sec. 1, 19 Stat. 249; Jan. 25,
1934, ch. 5, 48 Stat. 337; June 27, 1934, ch. 847, title V, Sec. 510, 48
Stat. 1264; Aug. 26, 1937, ch. 821, 50 Stat. 838; Pub. L. 103-355, title
VI, Sec. 6004, Oct. 13, 1994, 108 Stat. 3364; Pub. L. 104-106, div. D,
title XLIII, Sec. 4321(i)(12), Feb. 10, 1996, 110 Stat. 676.)
References in Text
The Agricultural Adjustment Act, referred to in text, is title I of
act May 12, 1933, ch. 25, 48 Stat. 31, as amended, which is classified
generally to chapter 26 (Sec. 601 et seq.) of Title 7, Agriculture. For
complete classification of this Act to the Code, see Short Title note
set out under section 601 of Title 7 and Tables.
The Federal Farm Loan Act, referred to in text, is act July 17,
1916, ch. 245, 39 Stat. 360, as amended, and was classified principally
to sections 641 et seq. of Title 12, Banks and Banking. The Federal Farm
Loan Act, as amended, was repealed by section 5.26(a) (which was
renumbered as section 5.40(a) by Pub. L. 99-205, Sec. 205(a)(2), Dec.
23, 1985, 99 Stat. 1703) of the Farm Credit Act of 1971, Pub. L. 92-181,
Dec. 10, 1971, 85 Stat. 624. Section 5.26(a) (now 5.40(a)) of the Farm
Credit Act of 1971 also provided that all references in other
legislation to the Acts repealed thereby ``shall be deemed to refer to
comparable provisions of this Act''. For further details, see notes set
out under section 2001 of Title 12. For complete classification of the
Federal Farm Loan Act to the Code prior to such repeal, see Tables.
The Emergency Farm Mortgage Act of 1933, referred to in text, is
title II of act May 12, 1933, ch. 25, 48 Stat. 31. Such title II was
substantially repealed by act June 30, 1947, ch. 166, title II,
Sec. 206(c), 61 Stat. 208; act Aug. 6, 1953, ch. 335, Sec. 19, 67 Stat.
400; act Oct. 4, 1961, Pub. L. 87-353, Sec. 3(a), (b), (w), 75 Stat.
773, 774; act Dec. 10, 1971, Pub. L. 92-181, title V, Sec. 5.26(a), 85
Stat. 624. For complete classification of this Act to the Code, see
Tables.
The Federal Farm Mortgage Corporation Act, referred to in text, is
act Jan. 31, 1934, ch. 7, 48 Stat. 344, which enacted section 992a of
Title 12, Banks and Banking, and amended sections 347, 355, 723, 772,
781, 897, 1016, 1020, 1020a, 1020b, 1020c, 1020d to 1020h, 1061, 1131i,
1138b and 1138d of Title 12, has been substantially repealed. For
complete classification of this Act to the Code, see Tables.
The Farm Credit Act of 1933, referred to in text, is act June 16,
1933, ch. 98, 48 Stat. 2, as amended, and was classified principally to
subchapter IV (Sec. 1131 et seq.) of chapter 7 of Title 12. The Farm
Credit Act of 1933, as amended, was repealed by section 5.26(a) of the
Farm Credit Act of 1971, Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 624.
Section 5.26(a) of the Farm Credit Act of 1971 also provided that all
references in other legislation to the Acts repealed thereby ``shall be
deemed to refer to comparable provisions of this Act''. For further
details, see notes set out under section 2001 of Title 12. For complete
classification of the Farm Credit Act of 1933 to the Code prior to such
repeal, see Tables.
The Home Owners' Loan Act of 1933, referred to in text, is act June
13, 1933, ch. 64, 48 Stat. 128, as amended, now known as the Home
Owners' Loan Act, which is classified generally to chapter 12 (Sec. 1461
et seq.) of Title 12. For complete classification of this Act to the
Code, see section 1461 of Title 12 and Tables.
Codification
R.S. Sec. 3741 derived from act Apr. 21, 1808, ch. 48, Sec. 3, 2
Stat. 484.
First sentence of section is based on R.S. Sec. 3741, as amended,
and second sentence is based on act Jan. 25, 1934, ch. 5, as amended and
as applicable to R.S. Sec. 3741.
Amendments
1996--Pub. L. 104-106 inserted section number in original and
substituted ``Member'' for ``member''.
1994--Pub. L. 103-355 amended first sentence generally. Prior to
amendment, first sentence 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.''
1937--Act Aug. 26, 1937, inserted provision at end of second
sentence beginning with ``and shall not apply''.
1934--Act June 27, 1934, inserted in second sentence ``, 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, added second sentence providing 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'' in first sentence.
Effective Date of 1996 Amendment
For effective date and applicability of amendment by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under
section 251 of this title.
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.
Section Referred to in Other Sections
This section is referred to in title 7 sections 1386, 1514; title 8
section 1363a; 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.
