the value of such contributions is not reimbursed from, or otherwise
passed back to, partnership assets. 11 C.F.R. § 115.4.
The statute applies only to business entities that have
negotiated or are negotiating for a contract with a department or
agency of the United States. Thus, the statute does not reach those
who have contracts with non-federal agencies to perform work under a
federal program or grant. Nor does it reach persons who provide
services to third-party beneficiaries under federal programs that
require the signing of agreements with the federal government, such as
physicians performing services for patients under Medicare. Finally,
officers and stockholders of incorporated government contractors are
not usually covered by Section 30119, because the government
contract is usually with the corporate entity, not its officers.
However, individual corporate officers may be covered by Section
30119 if they are individually liable on the government contract.
Government contractors may make non-partisan expenditures, may
establish and administer affiliated PACs, and may communicate with
their officers and stockholders on political matters.
(d) 52 U.S.C. § 30120: Attribution of sponsors of
political communications and solicitations
Section 30120 requires that certain political communications
include the identity of the person or entity responsible for the
communication. Prior to enactment of BCRA in 2002, the statute
was limited to two types of political communications:
(1) communications “expressly advocating the election or defeat”
of a clearly identified federal candidate, and
(2) communications soliciting contributions to a federal candidate
or political committee.
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