52 U.S.C. § 30118 — Contributions or expenditures by na-

Page 134 TITLE 52—VOTING AND ELECTIONS § 30118 1 See References in Text note below. § 30118. Contributions or expenditures by na- tional banks, corporations, or labor organiza- tions (a) In general It is unlawful for any national bank, or any corporation organized by authority of any law of Congress, to make a contribution or expenditure in connection with any election to any political office, or in connection with any primary elec- tion or political convention or caucus held to se- lect candidates for any political office, or for any corporation whatever, or any labor organi- zation, to make a contribution or expenditure in connection with any election at which presi- dential and vice presidential electors or a Sen- ator or Representative in, or a Delegate or Resi- dent Commissioner to, Congress are to be voted for, or in connection with any primary election or political convention or caucus held to select candidates for any of the foregoing offices, or for any candidate, political committee, or other person knowingly to accept or receive any con- tribution prohibited by this section, or any offi- cer or any director of any corporation or any na- tional bank or any officer of any labor organiza- tion to consent to any contribution or expendi- ture by the corporation, national bank, or labor organization, as the case may be, prohibited by this section. (b) Definitions; particular activities prohibited or allowed (1) For the purposes of this section the term ‘‘labor organization’’ means any organization of any kind, or any agency or employee representa- tion committee or plan, in which employees par- ticipate and which exists for the purpose, in whole or in part, of dealing with employers con- cerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (2) For purposes of this section and section 79l(h) of title 15,1 the term ‘‘contribution or ex- penditure’’ includes a contribution or expendi- ture, as those terms are defined in section 30101 of this title, and also includes any direct or indi- rect payment, distribution, loan, advance, de- posit, or gift of money, or any services, or any- thing of value (except a loan of money by a na- tional or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business) to any can- didate, campaign committee, or political party or organization, in connection with any election to any of the offices referred to in this section or for any applicable electioneering communica- tion, but shall not include (A) communications by a corporation to its stockholders and execu- tive or administrative personnel and their fami- lies or by a labor organization to its members and their families on any subject; (B) non- partisan registration and get-out-the-vote cam- paigns by a corporation aimed at its stock- holders and executive or administrative per- sonnel and their families, or by a labor organiza- tion aimed at its members and their families; and (C) the establishment, administration, and solicitation of contributions to a separate seg- regated fund to be utilized for political purposes by a corporation, labor organization, member- ship organization, cooperative, or corporation without capital stock. (3) It shall be unlawful— (A) for such a fund to make a contribution or expenditure by utilizing money or anything of value secured by physical force, job dis- crimination, financial reprisals, or the threat of force, job discrimination, or financial re- prisal; or by dues, fees, or other moneys re- quired as a condition of membership in a labor organization or as a condition of employment, or by moneys obtained in any commercial transaction; (B) for any person soliciting an employee for a contribution to such a fund to fail to inform such employee of the political purposes of such fund at the time of such solicitation; and (C) for any person soliciting an employee for a contribution to such a fund to fail to inform such employee, at the time of such solicita- tion, of his right to refuse to so contribute without any reprisal. (4)(A) Except as provided in subparagraphs (B), (C), and (D), it shall be unlawful— (i) for a corporation, or a separate seg- regated fund established by a corporation, to solicit contributions to such a fund from any person other than its stockholders and their families and its executive or administrative personnel and their families, and (ii) for a labor organization, or a separate segregated fund established by a labor organi- zation, to solicit contributions to such a fund from any person other than its members and their families. (B) It shall not be unlawful under this section for a corporation, a labor organization, or a sep- arate segregated fund established by such cor- poration or such labor organization, to make 2 written solicitations for contributions during the calendar year from any stockholder, execu- tive or administrative personnel, or employee of a corporation or the families of such persons. A solicitation under this subparagraph may be made only by mail addressed to stockholders, executive or administrative personnel, or em- ployees at their residence and shall be so de- signed that the corporation, labor organization, or separate segregated fund conducting such so- licitation cannot determine who makes a con- tribution of $50 or less as a result of such solici- tation and who does not make such a contribu- tion. (C) This paragraph shall not prevent a mem- bership organization, cooperative, or corpora- tion without capital stock, or a separate seg- regated fund established by a membership orga- nization, cooperative, or corporation without capital stock, from soliciting contributions to such a fund from members of such organization, cooperative, or corporation without capital stock. (D) This paragraph shall not prevent a trade association or a separate segregated fund estab- lished by a trade association from soliciting contributions from the stockholders and execu- tive or administrative personnel of the member corporations of such trade association and the Page 135 TITLE 52—VOTING AND ELECTIONS § 30118 families of such stockholders or personnel to the extent that such solicitation of such stock- holders and personnel, and their families, has been separately and specifically approved by the member corporation involved, and such member corporation does not approve any such solicita- tion by more than one such trade association in any calendar year. (5) Notwithstanding any other law, any meth- od of soliciting voluntary contributions or of fa- cilitating the making of voluntary contribu- tions to a separate segregated fund established by a corporation, permitted by law to corpora- tions with regard to stockholders and executive or administrative personnel, shall also be per- mitted to labor organizations with regard to their members. (6) Any corporation, including its subsidiaries, branches, divisions, and affiliates, that utilizes a method of soliciting voluntary contributions or facilitating the making of voluntary contribu- tions, shall make available such method, on written request and at a cost sufficient only to reimburse the corporation for the expenses in- curred thereby, to a labor organization rep- resenting any members working for such cor- poration, its subsidiaries, branches, divisions, and affiliates. (7) For purposes of this section, the term ‘‘ex- ecutive or administrative personnel’’ means in- dividuals employed by a corporation who are paid on a salary, rather than hourly, basis and who have policymaking, managerial, profes- sional, or supervisory responsibilities. (c) Rules relating to electioneering communica- tions (1) Applicable electioneering communication For purposes of this section, the term ‘‘ap- plicable electioneering communication’’ means an electioneering communication (within the meaning of section 30104(f)(3) of this title) which is made by any entity de- scribed in subsection (a) of this section or by any other person using funds donated by an entity described in subsection (a) of this sec- tion. (2) Exception Notwithstanding paragraph (1), the term ‘‘applicable electioneering communication’’ does not include a communication by a section 501(c)(4) organization or a political organiza- tion (as defined in section 527(e)(1) of title 26) made under section 30104(f)(2)(E) or (F) of this title if the communication is paid for exclu- sively by funds provided directly by individ- uals who are United States citizens or nation- als or lawfully admitted for permanent resi- dence (as defined in section 1101(a)(20) of title 8). For purposes of the preceding sentence, the term ‘‘provided directly by individuals’’ does not include funds the source of which is an en- tity described in subsection (a) of this section. (3) Special operating rules (A) Definition under paragraph (1) An electioneering communication shall be treated as made by an entity described in subsection (a) if an entity described in sub- section (a) directly or indirectly disburses any amount for any of the costs of the com- munication. (B) Exception under paragraph (2) A section 501(c)(4) organization that de- rives amounts from business activities or re- ceives funds from any entity described in subsection (a) shall be considered to have paid for any communication out of such amounts unless such organization paid for the communication out of a segregated ac- count to which only individuals can con- tribute, as described in section 30104(f)(2)(E) of this title. (4) Definitions and rules For purposes of this subsection— (A) the term ‘‘section 501(c)(4) organiza- tion’’ means— (i) an organization described in section 501(c)(4) of title 26 and exempt from tax- ation under section 501(a) of such title; or (ii) an organization which has submitted an application to the Internal Revenue Service for determination of its status as an organization described in clause (i); and (B) a person shall be treated as having made a disbursement if the person has exe- cuted a contract to make the disbursement. (5) Coordination with title 26 Nothing in this subsection shall be con- strued to authorize an organization exempt from taxation under section 501(a) of title 26 to carry out any activity which is prohibited under such title. (6) Special rules for targeted communications (A) Exception does not apply Paragraph (2) shall not apply in the case of a targeted communication that is made by an organization described in such paragraph. (B) Targeted communication For purposes of subparagraph (A), the term ‘‘targeted communication’’ means an elec- tioneering communication (as defined in sec- tion 30104(f)(3) of this title) that is distrib- uted from a television or radio broadcast station or provider of cable or satellite tele- vision service and, in the case of a commu- nication which refers to a candidate for an office other than President or Vice Presi- dent, is targeted to the relevant electorate. (C) Definition For purposes of this paragraph, a commu- nication is ‘‘targeted to the relevant elec- torate’’ if it meets the requirements de- scribed in section 30104(f)(3)(C) of this title. (Pub. L. 92–225, title III, § 316, formerly § 321, as added Pub. L. 94–283, title I, § 112(2), May 11, 1976, 90 Stat. 490; renumbered § 316 and amended Pub. L. 96–187, title I, §§ 105(5), 112(d), Jan. 8, 1980, 93 Stat. 1354, 1366; Pub. L. 107–155, title II, §§ 203, 204, 214(d), Mar. 27, 2002, 116 Stat. 91, 92, 95.) Editorial Notes REFERENCES IN TEXT Section 79l of title 15, referred to in subsec. (b)(2), was repealed by Pub. L. 109–58, title XII, § 1263, Aug. 8, 2005, 119 Stat. 974. Page 136 TITLE 52—VOTING AND ELECTIONS § 30119 CODIFICATION Section was formerly classified to section 441b of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification to this title. CONSTITUTIONALITY For information regarding the constitutionality of this section, formerly classified to section 441b of Title 2, The Congress, see the Table of Laws Held Unconsti- tutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitu- tion.congress.gov. PRIOR PROVISIONS A prior section 316 of Pub. L. 92–225 was renumbered section 312, and is classified to section 30113 of this title. Another prior section 316 of Pub. L. 92–225 was renum- bered section 311, and is classified to section 30111 of this title. AMENDMENTS 2002—Subsec. (b)(2). Pub. L. 107–155, §§ 203(a), 214(d), substituted ‘‘ ‘contribution or expenditure’ includes a contribution or expenditure, as those terms are defined in section 431 of this title, and also includes’’ for ‘‘ ‘con- tribution or expenditure’ shall include’’ and inserted ‘‘or for any applicable electioneering communication’’ before ‘‘, but shall not include (A)’’. Subsec. (c). Pub. L. 107–155, § 203(b), added subsec. (c). Subsec. (c)(6). Pub. L. 107–155, § 204, added par. (6). 1980—Subsec. (b)(4)(B). Pub. L. 96–187, § 112(d), sub- stituted ‘‘It’’ for ‘‘it’’. 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. § 30119. Contributions by Government contrac- tors (a) Prohibition It shall be unlawful for any person— (1) who enters into any contract with the United States or any department or agency thereof either for the rendition of personal services or furnishing any material, supplies, or equipment to the United States or any de- partment or agency thereof or for selling any land or building to the United States or any department or agency thereof, if payment for the performance of such contract or payment for such material, supplies, equipment, land, or building is to be made in whole or in part from funds appropriated by the Congress, at any time between the commencement of nego- tiations for and the later of (A) the completion of performance under; or (B) the termination of negotiations for, such contract or fur- nishing of material, supplies, equipment, land, or buildings, directly or indirectly to make any contribution of money or other things of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for public of- fice or to any person for any political purpose or use; or (2) knowingly to solicit any such contribu- tion from any such person for any such pur- pose during any such period. (b) Separate segregated funds This section does not prohibit or make unlaw- ful the establishment or administration of, or the solicitation of contributions to, any sepa- rate segregated fund by any corporation, labor organization, membership organization, cooper- ative, or corporation without capital stock for the purpose of influencing the nomination for election, or election, of any person to Federal office, unless the provisions of section 30118 of this title prohibit or make unlawful the estab- lishment or administration of, or the solicita- tion of contributions to, such fund. Each specific prohibition, allowance, and duty applicable to a corporation, labor organization, or separate seg- regated fund under section 30118 of this title ap- plies to a corporation, labor organization, or separate segregated fund to which this sub- section applies. (c) ‘‘Labor organization’’ defined For purposes of this section, the term ‘‘labor organization’’ has the meaning given it by sec- tion 30118(b)(1) of this title. (Pub. L. 92–225, title III, § 317, formerly § 322, as added Pub. L. 94–283, title I, § 112(2), May 11, 1976, 90 Stat. 492; renumbered § 317, Pub. L. 96–187, title I, § 105(5), Jan. 8, 1980, 93 Stat. 1354.) Editorial Notes REFERENCES IN TEXT Section 30118 of this title, referred to in subsecs. (b) and (c), was in the original ‘‘section 321’’ meaning sec- tion 321 of Pub. L. 92–225 which is classified to section 30123 of this title. In view of the renumbering of section 321 as section 316 by section 105(5) of Pub. L. 96–187, the reference has been translated as reading ‘‘section 316’’ to reflect the probable intent of Congress. CODIFICATION Section was formerly classified to section 441c of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 317 of Pub. L. 92–225 was renumbered section 313, and is classified to section 30114 of this title. Another prior section 317 of Pub. L. 92–225 was renum- bered section 312, and is classified to section 30113 of this title. § 30120. Publication and distribution of state- ments and solicitations (a) Identification of funding and authorizing sources Whenever a political committee makes a dis- bursement for the purpose of financing any com- munication through any broadcasting station, newspaper, magazine, outdoor advertising facil- ity, mailing, or any other type of general public