(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.
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
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.
References in Text
Section 302(e) of the Federal Election Campaign Act of 1971, referred to in subsec. (b), is classified to section
432(e) of Title
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. 103–322substituted “fined under this title” for “fined not more than $5,000”.
1980—Pub. L. 96–187substituted provisions relating to the place of solicitation for provisions relating to the making of political contributions.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–155effective Nov. 6, 2002, see section 402 ofPub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section
431 of Title
2, The Congress.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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