U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 29— ELECTIONS AND POLITICAL ACTIVITIES

18 U.S.C. § 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 Regulatory 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, § 20(b), 65 Stat. 718; Pub. L. 96–187, title II, § 201(a)(4), Jan. 8, 1980, 93 Stat. 1367; Pub. L. 103–94, § 4(b), Oct. 6, 1993, 107 Stat. 1005; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242.)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 NotesReferences 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.

Amendments

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 Oct. 31, 1951, struck out “from any such person” after “purpose”.

Statutory Notes and Related SubsidiariesEffective 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 30101 of Title 52, Voting and Elections.

Notes of Decisions
Cited in 13 cases, 1933–2017 · leading case: Greer v. Spock, 424 U.S. 828 (1976).
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Greer v. Spock, 424 U.S. 828 (1976). · cites it 2× “§ 596 ; it is unlawful to solicit political contributions in any fort or arsenal, 18 U. S. C. § 603 ; candidates for federal office are prohibited from soliciting contributions from military personnel, 18 U.”
Wendy Wagner v. Fed. Election Comm'n, 793 F.3d 1 (D.C. Cir. 2015). “at 1005 (codified at 18 U.S.C. § 603 (c)). 15 . See Burson v. Freeman, 504 U.”
Wagner v. Fed. Election Comm'n, 854 F. Supp. 2d 83 (D.D.C. 2012). “See 18 U.S.C. § 603 (a) (federal employees only prohibited from making political contributions to their employer or employing authority); see also Green Par *98 ty, 616 F.”
Aderhold v. McCarthy, 65 F.2d 452 (5th Cir. 1933). “While a commitment ought regularly to go with him, 18 USCA § 603, its absence does not render the imprisonment unlawful, for the sentence is the real authority for holding him.”
Wagner v. Fed. Election Comm'n, 901 F. Supp. 2d 101 (D.D.C. 2012). “See 18 U.S.C. § 603 (a). And not all federal employees may make political contributions.”
Whether 18 U.S.C. § 603 Bars Civilian Exec. Branch Employees & Officers from Making Contributions to a President's Authorized Re-Election Campaign Comm. (OLC 1995). · cites it 10× “Whether 18 U.S.C. § 603 Bars Civilian Executive Branch Employees and Officers from Making Contributions to a President’s Authorized Re-Election Campaign Committee Civilian employees and officers in the executive branch would not violate 18 U.”
Application of 18 U.S.C. § 603 to Contributions to the President's Re-Election Comm. (OLC 2003). · cites it 6× “Application of 18 U.S.C. § 603 to Contributions to the President’s Re-Election Committee Civilian executive branch employees do not violate 18 U.”
Application of 18 U.S.C. § 603 to Activities in the White House Involving the President (OLC 1979). · cites it 8× “January 17, 1979 79-6 MEMORANDUM OPINION FOR THE ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION The President—Interpretation of 18 U.S.C. § 603 as Applicable to Activities in the White House This responds to your memorandum of November 30 requesting our opinion concerning the…”
Application of the Anti-Nepotism Statute to a Presidential Appointment in the White House Off. (OLC 2017). · cites it 3× “17, 2009); Application of 18 U.S.C. § 603 to Contributions to the President’s Re-Election Committee, 27 Op.”
Unconstitutional Restrictions on Activities of the Off. of Sci. & Tech. Policy in Section 1340(a) of the Dep't of Def. & Full-Year Continuing Appropriations Act, 2011 (OLC 2011). “The President—Interpretation of 18 U.S.C. § 603 as Applicable to Activities in the White House, 3 Op.”
A Sitting President's Amenability to Indictment & Crim. Prosecution (OLC 2000). “5, 1973), In re P ro ceed in g s o f th e G rand Jury Im paneled D ecem ber 5, 1972: 1 Since that time, the Department has touched on this and related questions in the course of resolving other ques­ tions, see, e g .”
Permissibility of the Admin. & Use of the Fed. Payroll Allocation Sys. by Exec. Branch Employees for Contributions to Political Action Committees (OLC 1995). “Even if it could be argued that these administering employees would (in some sense) handle the money from the contributing employees’ salaries prior to transmitting the contributions to the PACs, we conclude that this cannot 21 See The President— Interpretation o f 18 U.S.C.…”
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