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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 29 — Elections and Political Activities

§ 607. Place of solicitation

Statutory text

(a)

Prohibition.—

(1)

In general.—

It shall be unlawful for any person to solicit or receive a donation of money or other thing of value in connection with a Federal, State, or local election from a person who is located in a room or building occupied in the discharge of official duties by an officer or employee of the United States. It shall be unlawful for an individual who is an officer or employee of the Federal Government, including the President, Vice President, and Members of Congress, to solicit or receive a donation of money or other thing of value in connection with a Federal, State, or local election, while in any room or building occupied in the discharge of official duties by an officer or employee of the United States, from any person.

(2)

Penalty.—

A person who violates this section shall be fined not more than $5,000, imprisoned not more than 3 years, or both.

(b)

The prohibition in subsection (a) shall not apply to the receipt of contributions by persons on the staff of a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress or Executive Office of the President, provided, that such contributions have not been solicited in any manner which directs the contributor to mail or deliver a contribution to any room, building, or other facility referred to in subsection (a), and provided that such contributions are transferred within seven days of receipt to a political committee within the meaning of section 302(e) of the Federal Election Campaign Act of 1971.

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. § 607

    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)(5) · 93 Stat. 1339

    Substituted · 18 U.S.C. § 607

    Pub. L. 96–187 substituted provisions relating to the place of solicitation for provisions relating to the making of political contributions

    Source evidence

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

    Enacted provision · exact public law section
    (5) Section 607 of such title is amended to read as follows: “Sec. 607. “place of solicitation (a) It shall be unlawful for any person to solicit or receive 18 USC 607. any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 in any room or building occupied in Ante, p. 1339. the discharge of official duties by any person mentioned in section 603, or in any navy yard, fort, or arsenal. Any person who violates this section shall be fined not more than $5,000 or imprisoned not more than three years, or both. “(b) The prohibition in subsection (a) shall not apply to the receipt of contributions by persons on the staff of a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, provided, that such contributions have not been solicited in any manner which directs the contributor to mail or deliver a contribution to any room, building, or other facility referred to in subsection (a), and provided that such contributions are transferred within seven days of receipt to a political committee within the meaning of section Ante, p. 1345. 302(e) of the Federal Election Campaign Act of 1971.”.

  3. 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. § 607(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”;

  4. Pub. L. 107–155 § 302(1) · 116 Stat. 81

    1. Added · 18 U.S.C. § 607(a)

      Pub. L. 107–155, § 302(1), added subsec. (a)

    2. Struck · 18 U.S.C. § 607(a)

      Pub. L. 107–155, § 302(1), struck out former subsec. (a) which read as follows: “It shall be unlawful for any person to solicit or receive any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 in any room or building occupied in the discharge of official duties by any person mentioned in section 603, or in any navy yard, fort, or arsenal. Any person who violates this section shall be fined under this title or imprisoned not more than three years, or both.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–155, § 302(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “It shall be unlawful for any person to solicit or receive any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 in any room or building occupied in the discharge of official duties by any person mentioned in section 603, or in any navy yard, fort, or arsenal. Any person who violates this section shall be fined under this title or imprisoned not more than three years, or both.”

    Enacted provision · exact public law section
    (1) by striking subsection (a) and inserting the following: “(a) Prohibition.— “(1) In general.— It shall be unlawful for any person to solicit or receive a donation of money or other thing of value in connection with a Federal, State, or local election from a person who is located in a room or building occupied in the discharge of official duties by an officer or employee of the United States. It shall be unlawful for an individual who is an officer or employee of the Federal Government, including the President, Vice President, and Members of Congress, to solicit or receive a donation of money or other thing of value in connection with a Federal, State, or local election, while in any room or building occupied in the discharge of official duties by an officer or employee of the United States, from any person. “(2) Penalty.— A person who violates this section shall be fined not more than $5,000, imprisoned not more than 3 years, or both.”; and

    Effective date note
    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 section 30101 of Title 52, Voting and Elections.

  5. Pub. L. 107–155 § 302(2) · 116 Stat. 81

    Inserted · 18 U.S.C. § 607(b)

    Pub. L. 107–155, § 302(2), inserted “or Executive Office of the President” after “Congress”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–155, § 302(2), inserted “or Executive Office of the President” after “Congress”.

    Enacted provision · exact public law section
    (2) in subsection (b), by inserting “or Executive Office of the President” after “Congress”.

    Effective date note
    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 section 30101 of Title 52, Voting and Elections.

5 of 6 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 211, 212 (Mar. 4, 1909, ch. 321, §§ 121, 122, 35 Stat. 1110).

This section consolidates sections 211 and 212 of title 18, U.S.C., 1940 ed.

This section was expanded to embrace all officers or persons acting on behalf of any independent agencies or Government-owned or controlled corporations by inserting words “or any department or agency thereof.” (See definitive section 6, and reviser’s note under section 201 of this title.)

Changes were made in phraseology.

Editorial Notes

References in Text

Section 302(e) of the Federal Election Campaign Act of 1971, referred to in subsec. (b), is classified to section 30102(e) of Title 52, Voting and Elections.

Amendments1980–2002 · 3 rounds

2002

Subsec. (a). Pub. L. 107–155, § 302(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “It shall be unlawful for any person to solicit or receive any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 in any room or building occupied in the discharge of official duties by any person mentioned in section 603, or in any navy yard, fort, or arsenal. Any person who violates this section shall be fined under this title or imprisoned not more than three years, or both.”

Subsec. (b). Pub. L. 107–155, § 302(2), inserted “or Executive Office of the President” after “Congress”.

1994

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

1980

Pub. L. 96–187 substituted provisions relating to the place of solicitation for provisions relating to the making of political contributions.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–155 effective , see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of Title 52, Voting and Elections.

Effective Date of 1980 Amendment

Amendment 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

1948–2002 · 4 acts
  1. 1948June 25, 1948, ch. 645, 62 Stat. 722
  2. 1980Pub. L. 96–187, title II, § 201(a)(5), , 93 Stat. 1367
  3. 1994Pub. L. 103–322, title XXXIII, § 330016(1)(K), , 108 Stat. 2147
  4. 2002Pub. L. 107–155, title III, § 302, , 116 Stat. 96.
Show as published

(June 25, 1948, ch. 645, 62 Stat. 722; Pub. L. 96–187, title II, § 201(a)(5), , 93 Stat. 1367; Pub. L. 103–322, title XXXIII, § 330016(1)(K), , 108 Stat. 2147; Pub. L. 107–155, title III, § 302, , 116 Stat. 96.)

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