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Title 52 — Voting and Elections

Chapter 301 — Federal Election Campaigns

§ 30121. Contributions and donations by foreign nationals

Statutory text

(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 committee of a political party; or

(C)

an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 30104(f)(3) of this title); or

(2)

a person to solicit, accept, or receive a contribution or donation described in subparagraph (A) or (B) of paragraph (1) from a foreign national.

(b)

“Foreign national” defined

As used in this section, the term “foreign national” means—

(1)

a foreign principal, as such term is defined 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 permanent residence, as defined by section 1101(a)(20) of title 8.

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. Federal Election Campaign Act of 1971

    Pub. L. 92–225 title III § 319 · 86 Stat. 3

    Enacted · 52 U.S.C. § 30121

    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

    Source evidence

    Code source credit
    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

  2. Pub. L. 107–155 § 303(1) · 116 Stat. 81

    Substituted · 52 U.S.C. § 30121

    Pub. L. 107–155, § 303(1), substituted “Contributions and donations by foreign nationals” for “Contributions by foreign nationals” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 107–155, § 303(1), substituted “Contributions and donations by foreign nationals” for “Contributions by foreign nationals” in section catchline.

    Enacted provision · exact public law section
    (1) by striking the heading and inserting the following: “contributions and donations by foreign nationals”; 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 this title.

  3. Pub. L. 107–155 § 303(2) · 116 Stat. 81

    1. Added · 52 U.S.C. § 30121(a)

      Pub. L. 107–155, § 303(2), added subsec. (a)

    2. Struck · 52 U.S.C. § 30121(a)

      Pub. L. 107–155, § 303(2), 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 connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office; or for any person to solicit, accept, or receive any such contribution from a foreign national.”

    Source evidence

    Code amendment note
    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 connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office; or for any person to solicit, accept, or receive any such contribution from a foreign national.”

    Enacted provision · exact public law section
    (2) by striking subsection (a) and inserting the following: “(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 committee of a political party; or “(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3)); or “(2) a person to solicit, accept, or receive a contribution or donation described in subparagraph (A) or (B) of paragraph (1) from a foreign national.”

    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 this title.

  4. Pub. L. 107–155 § 317 · 116 Stat. 81

    Inserted · 52 U.S.C. § 30121(b)(2)

    Pub. L. 107–155, § 317, inserted “or a national of the United States (as defined in section 1101(a)(22) of title 8)” after “United States”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 107–155, § 317, inserted “or a national of the United States (as defined in section 1101(a)(22) of title 8)” after “United States”.

    Enacted provision · exact public law section
    SEC. 317. CLARIFICATION OF RIGHT OF NATIONALS OF THE UNITED STATES TO MAKE POLITICAL CONTRIBUTIONS. Section 319(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e(b)(2)) is amended by inserting after “United States” the following: “or a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act)”.

    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 this title.

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

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 renumbered 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 “Contributions and donations by foreign nationals” for “Contributions 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 connection with an election to any political office or in connection with any primary election, convention, or caucus 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 national 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 , see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of this title.

Credits

1976–2002 · 3 acts
  1. 1976Pub. L. 92–225, title III, § 319, formerly § 324, as added Pub. L. 94–283, title I, § 112(2), , 90 Stat. 493
  2. 1980renumbered § 319, Pub. L. 96–187, title I, § 105(5), , 93 Stat. 1354
  3. 2002amended Pub. L. 107–155, title III, §§ 303, 317, , 116 Stat. 96, 109.
Show as published

(Pub. L. 92–225, title III, § 319, formerly § 324, as added Pub. L. 94–283, title I, § 112(2), , 90 Stat. 493; renumbered § 319, Pub. L. 96–187, title I, § 105(5), , 93 Stat. 1354; amended Pub. L. 107–155, title III, §§ 303, 317, , 116 Stat. 96, 109.)

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