§ 603. — Making political contributions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC603]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 29--ELECTIONS AND POLITICAL ACTIVITIES
Sec. 603. Making political contributions
(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 Rate 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,
Sec. 20(b), 65 Stat. 718; Pub. L. 96-187, title II, Sec. 201(a)(4), Jan.
8, 1980, 93 Stat. 1367; Pub. L. 103-94, Sec. 4(b), Oct. 6, 1993, 107
Stat. 1005; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13,
1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 209, 212 (Mar. 4, 1909,
ch. 321, Secs. 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.
References in Text
Section 301(8) of the Federal Election Campaign Act of 1971,
referred to in subsec. (a), is classified to section 431(8) of Title 2,
The Congress.
Section 302(e)(1) of the Federal Election Campaign Act of 1971,
referred to in subsec. (b), is classified to section 432(e)(1) of Title
2.
Amendments
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 Oct. 31, 1951, struck out ``from any such person'' after
``purpose''.
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 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.
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 431 of Title 2, The
Congress.
Section Referred to in Other Sections
This section is referred to in title 5 sections 3374, 3704.
