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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 29 — Elections and Political Activities

§ 603. Making political contributions

Statutory text

(a)

It shall be unlawful for an officer or employee of the United States or any department or agency thereof, or a person receiving any salary or compensation for services from money derived from the Treasury of the United States, to make any contribution within the meaning of section 301(8) of the Federal Election Campaign 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 contribution is the employer or employing authority 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 individual 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 employed 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 80–645 · 62 Stat. 683

    Enacted · 18 U.S.C. § 603

    June 25, 1948, ch. 645, 62 Stat. 722

    Source evidence

    Code source credit
    June 25, 1948, ch. 645, 62 Stat. 722

  2. Federal Election Campaign Act Amendments of 1979

    Pub. L. 96–187 title II § 201(a)(4) · 93 Stat. 1339

    Substituted · 18 U.S.C. § 603

    Pub. L. 96–187 substituted provisions relating to the making of political contributions for provisions relating to the place of solicitation. See section 607 of this title

    Source evidence

    Code amendment note
    Pub. L. 96–187 substituted provisions relating to the making of political contributions for provisions relating to the place of solicitation. See section 607 of this title.

    Enacted provision · exact public law section
    (4) Section 603 of such title is amended to read as follows: “Sec. 603. “making political contributions (a) It shall be unlawful for an officer or employee of the 18 USC 603. United States or any department or agency thereof, or a person receiving any salary or compensation for services from money derived from the Treasury of the United States, to make any contribution within the meaning of section 301(8) of the Federal Election Campaign 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 contribution is the employer or employing authority of the person making the contribution. Any person who violates this section shall be fined not more than $5,000 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 Ante, p. 1345. individual who has authorized such committee.”.

  3. Pub. L. 103–94 § 4(b) · 107 Stat. 1001

    Added · 18 U.S.C. § 603(c)

    Pub. L. 103–94 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–94 added subsec. (c).

    Enacted provision · exact public law section
    “(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 employed in or under the United States Postal Service or the Postal Kate Commission, unless that activity is prohibited by section 7323 or 7324 of such title.”.

    Effective date note
    Amendment by Pub. L. 103–94 effective 120 days after Oct. 6, 1993, but not to release or extinguish any penalty, forfeiture, or liability incurred under amended provision, which is to be treated as remaining in force for purpose of sustaining any proper proceeding or action for enforcement of that penalty, forfeiture, or liability, 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, Government Organization and Employees.

  4. Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 title XXXIII § 330016(1)(K) · 108 Stat. 1796

    Substituted · 18 U.S.C. § 603(a)

    Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.

    Enacted provision · exact public law section
    (K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 2244, 2314, 2316, 2317, 2344, and 2701 by striking “not more than $5,000” each place it appears and inserting “under this title”;

  5. Pub. L. 109–435 title VI § 604(f) · 120 Stat. 3198

    Substituted · 18 U.S.C. § 603(c)

    Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.

    Enacted provision · exact public law section
    (f) Other References.— Whenever a reference is made in any provision of law (other than this Act or a provision of law amended by this Act), regulation, rule, document, or other record of the United States to the Postal Rate Commission, such reference shall be considered a reference to the Postal Regulatory Commission.

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

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 identical 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 mentioned 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 occupied 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.

Amendments1951–2006 · 5 rounds

2006

Subsec. (c). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.

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 relating to the place of solicitation. See section 607 of this title.

1951

Act , struck out “from any such person” after “purpose”.

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment; Savings Provision

Amendment by Pub. L. 103–94 effective 120 days after , but not to release or extinguish any penalty, forfeiture, or liability incurred under amended provision, which is to be treated as remaining in force for purpose of sustaining any proper proceeding or action for enforcement of that penalty, forfeiture, or liability, 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 , 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, Government Organization and Employees.

Effective Date of 1980 Amendment

Amended by Pub. L. 96–187 effective , see section 301(a) of Pub. L. 96–187, set out as a note under section 30101 of Title 52, Voting and Elections.

Credits

1948–2006 · 6 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 722
  2. 1951Oct. 31, 1951, ch. 655, § 20(b), 65 Stat. 718
  3. 1980Pub. L. 96–187, title II, § 201(a)(4), , 93 Stat. 1367
  4. 1993Pub. L. 103–94, § 4(b), , 107 Stat. 1005
  5. 1994Pub. L. 103–322, title XXXIII, § 330016(1)(K), , 108 Stat. 2147
  6. 2006Pub. L. 109–435, title VI, § 604(f), , 120 Stat. 3242.
Show as published

(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), , 93 Stat. 1367; Pub. L. 103–94, § 4(b), , 107 Stat. 1005; Pub. L. 103–322, title XXXIII, § 330016(1)(K), , 108 Stat. 2147; Pub. L. 109–435, title VI, § 604(f), , 120 Stat. 3242.)

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