18 U.S.C. § 607

Place of solicitation

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(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.(June 25, 1948, ch. 645, 62 Stat. 722; Pub. L. 96–187, title II, § 201(a)(5), Jan. 8, 1980, 93 Stat. 1367; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107–155, title III, § 302, Mar. 27, 2002, 116 Stat. 96.)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 NotesReferences 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.

Amendments

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 SubsidiariesEffective Date of 2002 Amendment

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.

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 30101 of Title 52, Voting and Elections.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1966–2022 · leading case: Elfbrandt v. Russell, 384 U.S. 11 (1966).

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Elfbrandt v. Russell, 384 U.S. 11 (1966). · cites it 2× “75 , and criminally punish, 18 U. S. C. § 607 (1964 ed.), its employees who engage in certain political activities, it is unsound to hold that it may not, on pain of criminal penalties, prevent its employees from affiliating with the Communist party or other organizations…”

McConnell v. Fed. Election Comm'n, 540 U.S. 93 (2003). · cites it 2× “2003), and other portions of the United States Code, 18 U.S.C.A. § 607 (Supp. 2003), 36 U.S.C.”

Nat'l Treasury Employees Union v. King, 961 F.2d 240 (D.C. Cir. 1992). “The regulations provide that a permit may be denied for several reasons: failure to submit all necessary information, if the proposed use is a commercial activity, is obscene, is intended to influence judicial proceedings, or is considered a political solicitation in violation…”

Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 139 F.3d 214 (D.C. Cir. 1998). “if ’ the proposed use is commercial, obscene, intended to influence judicial proceedings, interferes with government uses of the property, or violates the prohibition against political solicitation in 18 U.S.C. § 607 ). Because the SSA does not have a general no-solicitation…”

Permissibility of the Admin. & Use of the Fed. Payroll Allocation Sys. by Exec. Branch Employees for Contributions to Political Action Committees (OLC 1995). · cites it 3× “§ 7323 (a)(2) on accepting or receiving political contributions, or the prohibition in 18 U.S.C. §607 on receiving political contributions in a federal building.”

Cassaday v. Dow Chem. Co (E.D. Mich. 2022). “§ 249 (a)(1) (hate crime acts); 18 U.S.C. § 607 (a)(1) (solicitation of political contributions on federal property); and 18 U.”

Political Contributions by Fed. Employees (OLC 1979). “The first question you pose is whether, under 18 U.S.C. § 607 , Federal employees may voluntarily make political contributions to the Carter- M ondale Presidential Committee.”

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