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18 USC Sec. 602 01/22/02
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 29 - ELECTIONS AND POLITICAL ACTIVITIES
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Sec. 602. Solicitation of political contributions
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(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 Delegate or Resident Commissioner to,
the Congress;
(3) an officer or employee of the United States or any department
or agency thereof; or
(4) a person receiving any salary or compensation 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 Election 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 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.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 722; Pub. L. 96-187, title II, Sec. 201(a)(3), Jan. 8, 1980, 93 Stat. 1367; Pub. L. 103-94, Sec. 4(a), Oct. 6, 1993, 107 Stat. 1004; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
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HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 208, 212 (Mar. 4, 1909,
ch. 321, Sec. 118, 122, 35 Stat. 1110; Feb. 28, 1925, ch. 368,
Sec. 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 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 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.
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REFERENCES IN TEXT
Section 301(8) of the Federal Election Campaign Act of 1971,
referred to in subsec. (a)(4), is classified to section 431(8) of
Title 2, The Congress.
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AMENDMENTS
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 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 under this title or imprisoned not more than 3 years, or both'' for ''to knowingly 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.
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
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 431 of
Title 2, The Congress.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 606 of this title; title 5
section 3374.
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18 USC Sec. 603 01/22/02
-EXPCITE TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 29 - ELECTIONS AND POLITICAL ACTIVITIES
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Sec. 603. Making political contributions
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(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.
-SOURCE-
(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.)
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HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 209, 212 (Mar. 4, 1909,
ch. 321, Sec. 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.
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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.
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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.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 607 of this title; title 5
section 3374.