18 U.S.C. § 602 — Solicitation of political contributions

Page 147 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 603 Commonwealth of Puerto Rico, or any terri- tory or possession of the United States. (June 25, 1948, ch. 645, 62 Stat. 721; Pub. L. 94–453, § 1, Oct. 2, 1976, 90 Stat. 1516; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 61c, 61g (Aug. 2, 1939, 11:50 a.m., E.S.T., ch. 410, §§ 4, 8, 53 Stat. 1147, 1148). This section consolidates sections 61c and 61g of title 18, U.S.C., 1940 ed. The words ‘‘except as required by law’’ were used as sufficient to cover the reference to the exception made to the provisions of subsection (b), section 61h of title 18, U.S.C., 1940 ed., which expressly prescribes the cir- cumstances under which a person may be lawfully de- prived of his employment and compensation therefor. Changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ in concluding provisions. 1976—Pub. L. 94–453 struck out provisions relating to deprivations based upon race, creed, and color which are now set out in section 246 of this title, replaced term ‘‘political activity’’ with more precise terms and definitions, and raised the amount of maximum fine from $1,000 to $10,000. § 602. Solicitation of political contributions (a) It shall be unlawful for— (1) a candidate for the Congress; (2) an individual elected to or serving in the office of Senator or Representative in, or Dele- gate or Resident Commissioner to, the Con- gress; (3) an officer or employee of the United States or any department or agency thereof; or (4) a person receiving any salary or com- pensation for services from money derived from the Treasury of the United States; to knowingly solicit any contribution within the meaning of section 301(8) of the Federal Elec- tion Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined under this title or imprisoned not more than 3 years, or both. (b) The prohibition in subsection (a) shall not apply to any activity of an employee (as defined in section 7322(1) of title 5) or any individual em- ployed in or under the United States Postal Service or the Postal Regulatory Commission, unless that activity is prohibited by section 7323 or 7324 of such title. (June 25, 1948, ch. 645, 62 Stat. 722; Pub. L. 96–187, title II, § 201(a)(3), Jan. 8, 1980, 93 Stat. 1367; Pub. L. 103–94, § 4(a), Oct. 6, 1993, 107 Stat. 1004; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 208, 212 (Mar. 4, 1909, ch. 321, §§ 118, 122, 35 Stat. 1110; Feb. 28, 1925, ch. 368, § 312, 43 Stat. 1073). This section consolidates sections 208 and 212 of title 18, U.S.C., 1940 ed. This section, like section 201 of this title, was ex- panded to embrace all officers or persons acting on be- half of any independent agencies or Government-owned or controlled corporations by inserting words ‘‘or any department or agency thereof.’’ (See definitive section 6 of this title.) The punishment provision was taken from section 212 of title 18, U.S.C., 1940 ed., which, by reference, made the punishment applicable to the crime described in this section. Changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Section 301(8) of the Federal Election Campaign Act of 1971, referred to in subsec. (a)(4), is classified to sec- tion 30101(8) of Title 52, Voting and Elections. AMENDMENTS 2006—Subsec. (b). Pub. L. 109–435 substituted ‘‘Postal Regulatory Commission’’ for ‘‘Postal Rate Commis- sion’’. 1994—Pub. L. 103–322, which directed the amendment of this section by substituting ‘‘under this title’’ for ‘‘not more than $5,000’’, could not be executed because the phrase ‘‘not more than $5,000’’ does not appear in text. See 1993 Amendment note below. 1993—Pub. L. 103–94 designated existing provisions as subsec. (a), substituted ‘‘; to knowingly solicit any con- tribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who vio- lates this section shall be fined under this title or im- prisoned not more than 3 years, or both’’ for ‘‘to know- ingly solicit, any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined not more than $5,000 or imprisoned not more than three years, or both’’ in par. (4), and added subsec. (b). 1980—Pub. L. 96–187 amended section generally to conform its terms to revision of the Federal Election Campaign Act of 1971 by title I of Pub. L. 96–187. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT; SAVINGS PROVISION Amendment by Pub. L. 103–94 effective 120 days after Oct. 6, 1993, but not to release or extinguish any pen- alty, forfeiture, or liability incurred under amended provision, which is to be treated as remaining in force for purpose of sustaining any proper proceeding or ac- tion for enforcement of that penalty, forfeiture, or li- ability, and no provision of Pub. L. 103–94 to affect any proceedings with respect to which charges were filed on or before 120 days after Oct. 6, 1993, with orders to be issued in such proceedings and appeals taken therefrom as if Pub. L. 103–94 had not been enacted, see section 12 of Pub. L. 103–94, set out as an Effective Date; Savings Provision note under section 7321 of Title 5, Govern- ment Organization and Employees. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96–187, set out as a note under section 30101 of Title 52, Voting and Elections. § 603. Making political contributions (a) It shall be unlawful for an officer or em- ployee of the United States or any department or agency thereof, or a person receiving any sal- ary or compensation for services from money de- rived from the Treasury of the United States, to make any contribution within the meaning of section 301(8) of the Federal Election Campaign