52 U.S.C. § 30121 — Contributions and donations by foreign

Page 138 TITLE 52—VOTING AND ELECTIONS § 30121 tising’’ in introductory provisions, was executed by making the insertion after those words the second time appearing, to reflect the probable intent of Congress. Pub. L. 107–155, § 311(1)(A)(i)–(iii), in introductory pro- visions, substituted ‘‘Whenever a political committee makes a disbursement for the purpose of financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising, or whenever any person makes a disburse- ment’’ for ‘‘Whenever any person makes an expendi- ture’’ and struck out ‘‘direct’’ before ‘‘mailing,’’ the second time appearing. Subsec. (a)(3). Pub. L. 107–155, § 311(1)(B), inserted ‘‘and permanent street address, telephone number, or World Wide Web address’’ after ‘‘name’’. Subsecs. (c), (d). Pub. L. 107–155, § 311(2), added sub- secs. (c) and (d). 1980—Subsec. (a). Pub. L. 96–187, § 111, designated ex- isting provisions as subsec. (a), and in revising text, provided for solicitation of contributions; prescribed three categories of communications: (1) paid for and authorized by the candidate, (2) paid for by others but authorized by the candidate, and (3) not authorized by the candidate for prior two categories where (1) author- ized and (2) not authorized by the candidate; struck out requirement for statement in accordance with regula- tions of Commission and in a conspicuous manner; and struck out from the communication not authorized by the candidate statement of name of affiliated or con- nected organization required to be disclosed under sec- tion 433 (b)(2) of this title. Subsec. (b). Pub. L. 96–187, § 111, added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–155 effective Nov. 6, 2002, but not applicable with respect to runoff elections, re- counts, or election contests resulting from elections held prior to Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amend- ment; Regulations note under section 30101 of this title. 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 this title. § 30121. Contributions and donations by foreign nationals (a) Prohibition It shall be unlawful for— (1) a foreign national, directly or indirectly, to make— (A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election; (B) a contribution or donation to a com- mittee of a political party; or (C) an expenditure, independent expendi- ture, or disbursement for an electioneering communication (within the meaning of sec- tion 30104(f)(3) of this title); or (2) a person to solicit, accept, or receive a contribution or donation described in subpara- graph (A) or (B) of paragraph (1) from a foreign national. (b) ‘‘Foreign national’’ defined As used in this section, the term ‘‘foreign na- tional’’ means— (1) a foreign principal, as such term is de- fined by section 611(b) of title 22, except that the term ‘‘foreign national’’ shall not include any individual who is a citizen of the United States; or (2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101(a)(22) of title 8) and who is not lawfully admitted for perma- nent residence, as defined by section 1101(a)(20) of title 8. (Pub. L. 92–225, title III, § 319, formerly § 324, as added Pub. L. 94–283, title I, § 112(2), May 11, 1976, 90 Stat. 493; renumbered § 319, Pub. L. 96–187, title I, § 105(5), Jan. 8, 1980, 93 Stat. 1354; amend- ed Pub. L. 107–155, title III, §§ 303, 317, Mar. 27, 2002, 116 Stat. 96, 109.) Editorial Notes CODIFICATION Section was formerly classified to section 441e of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 319 of Pub. L. 92–225 was renumbered section 314, and is classified to section 30115 of this title. Another prior section 319 of Pub. L. 92–225 was renum- bered section 318, and was classified to section 439b of Title 2, The Congress, prior to repeal by Pub. L. 96–187. AMENDMENTS 2002—Pub. L. 107–155, § 303(1), substituted ‘‘Contribu- tions and donations by foreign nationals’’ for ‘‘Con- tributions by foreign nationals’’ in section catchline. Subsec. (a). Pub. L. 107–155, § 303(2), added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘It shall be unlawful for a foreign national directly or through any other person to make any contribution of money or other thing of value, or to promise expressly or impliedly to make any such contribution, in connec- tion with an election to any political office or in con- nection with any primary election, convention, or cau- cus held to select candidates for any political office; or for any person to solicit, accept, or receive any such contribution from a foreign national.’’ Subsec. (b)(2). Pub. L. 107–155, § 317, inserted ‘‘or a na- tional of the United States (as defined in section 1101(a)(22) of title 8)’’ after ‘‘United States’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–155 effective Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under sec- tion 30101 of this title. § 30122. Contributions in name of another pro- hibited No person shall make a contribution in the name of another person or knowingly permit his name to be used to effect such a contribution, and no person shall knowingly accept a con- tribution made by one person in the name of an- other person. (Pub. L. 92–225, title III, § 320, formerly § 325, as added Pub. L. 94–283, title I, § 112(2), May 11, 1976, 90 Stat. 494; renumbered § 320, Pub. L. 96–187, title I, § 105(5), Jan. 8, 1980, 93 Stat. 1354.)