18 U.S.C. § 603 — Making 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 Page 148 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 604 Act of 1971 to any other such officer, employee or person or to any Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, if the person receiving such con- tribution is the employer or employing author- ity of the person making the contribution. Any person who violates this section shall be fined under this title or imprisoned not more than three years, or both. (b) For purposes of this section, a contribution to an authorized committee as defined in section 302(e)(1) of the Federal Election Campaign Act of 1971 shall be considered a contribution to the in- dividual who has authorized such committee. (c) 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; Oct. 31, 1951, ch. 655, § 20(b), 65 Stat. 718; Pub. L. 96–187, title II, § 201(a)(4), Jan. 8, 1980, 93 Stat. 1367; Pub. L. 103–94, § 4(b), Oct. 6, 1993, 107 Stat. 1005; 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., §§ 209, 212 (Mar. 4, 1909, ch. 321, §§ 119, 122, 35 Stat. 1110). This section consolidates sections 209 and 212 of title 18, U.S.C., 1940 ed., without change of substance. To eliminate ambiguity resulting from use of iden- tical words in reference ‘‘officer or employee of the United States mentioned in section 208 of this title’’ as those appearing in section 208 of title 18, U.S.C., 1940 ed., now section 602 of this title, words ‘‘person men- tioned in section 602 of this title’’ were inserted. Words ‘‘from any such person’’ were inserted after ‘‘purpose’’, so as to make it clear that the section does not embrace State employees in its provisions. Some Federal agencies are located in State buildings occu- pied by State employees. The punishment provision was derived from section 212 of title 18, U.S.C., 1940 ed. (See reviser’s note under section 602 of this title.) Minor 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), is classified to section 30101(8) of Title 52, Voting and Elections. Section 302(e)(1) of the Federal Election Campaign Act of 1971, referred to in subsec. (b), is classified to section 30102(e)(1) of Title 52. AMENDMENTS 2006—Subsec. (c). Pub. L. 109–435 substituted ‘‘Postal Regulatory Commission’’ for ‘‘Postal Rate Commis- sion’’. 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. 1993—Subsec. (c). Pub. L. 103–94 added subsec. (c). 1980—Pub. L. 96–187 substituted provisions relating to the making of political contributions for provisions re- lating to the place of solicitation. See section 607 of this title. 1951—Act Oct. 31, 1951, struck out ‘‘from any such per- son’’ after ‘‘purpose’’. 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 Amended 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. § 604. Solicitation from persons on relief Whoever solicits or receives or is in any man- ner concerned in soliciting or receiving any as- sessment, subscription, or contribution for any political purpose from any person known by him to be entitled to, or receiving compensation, em- ployment, or other benefit provided for or made possible by any Act of Congress appropriating funds for work relief or relief purposes, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 722; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 61d, 61g (Aug. 2, 1939, 11:50 a.m., E.S.T., ch. 410, §§ 5, 8, 53 Stat. 1148). This section consolidates sections 61d and 61g of title 18, U.S.C., 1940 ed. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 605. Disclosure of names of persons on relief Whoever, for political purposes, furnishes or discloses any list or names of persons receiving compensation, employment or benefits provided for or made possible by any Act of Congress ap- propriating, or authorizing the appropriation of funds for work relief or relief purposes, to a po- litical candidate, committee, campaign man- ager, or to any person for delivery to a political candidate, committee, or campaign manager; and Whoever receives any such list or names for political purposes— Shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 722; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 61e, 61g (Aug. 2, 1939, 11:50 a.m., E.S.T., ch. 410, §§ 6, 8, 53 Stat. 1148).