(b) Making political contributions: 18 U.S.C. § 603
Section 603, like Section 602, reaches only contributions
made to influence federal elections. The statute prohibits any officer or
employee of the United States, or a person receiving compensation for
services from money derived from the United States Treasury, from
giving a contribution to any other such officer, employee, or person,
or to any United States Senator or Representative, if the person
receiving the contribution is the donor’s “employer or employing
authority.” Although modified by the 1993 Hatch Act amendments,
Section 603’s basic prohibition against political donations between
subordinates and supervisors was retained. 43 Section 603 applies to
all congressional staff and White House employees, as well as to
civil service personnel. Violations are punishable by imprisonment
for up to three years.
The Department of Justice Office of Legal Counsel has
interpreted Section 603 as not reaching voluntary contributions made by
rank-and-file employees of the executive branch of the government
to campaign committees authorized by an incumbent President or
Vice President, provided that such donations are given in compliance
with the provisions of the 1993 Hatch Act reform amendments (i.e.,
voluntarily and while the donor is off duty, not in a federal office space,
and not in uniform or in a government-owned vehicle).
(c) Intimidation to secure political contributions: 18
U.S.C. § 606
Section 606 makes it unlawful for a United States Senator,
United States Representative, or federal officer or employee to
discharge, demote, or promote another federal officer or employee, or to
threaten or promise to do so, for making or failing to make “any
contribution of money or other valuable thing for any political
This prohibition was also added by the 1993 law to the civil Hatch Act
provision. 5 U.S.C. § 7323(a).
43
103
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