Sidebilder
PDF
ePub

(e) Employees of agencies not financed by United States as exempt.-(e) The provisions of the first two sentences of subsection (a) of this section shall not apply to any officer or employee who exercises no functions in connection with any activity of a State or local agency which is financed in whole or in part by loans or grants made by the United States or by any Federal agency.

(f) Definitions.—(f) For the purposes of this section

(1) The term "State or local agency" means the executive branch of any State, or of any municipality or other political subdivision of such State, or any agency or department thereof.

(2) The term "Federal agency" includes any executive department, independent establishment, or other agency of the United States (except a member bank of the Federal Reserve System). (Aug. 2, 1939, ch. 410, § 12, as added July 19, 1940, ch. 640, $ 4, 54 Stat. 767.)

8 61m, Financial aid to candidates (a) Contributions.(a) It is hereby declared to be a pernicious political activity, and it shall hereafter be unlawful, for any person, directly or indirectly, to make contributions in an aggregate amount in excess of $5,000, during any calendar year, or in connection with any campaign for nomination or election, to or on behalf of any candidate for an elective Federal office (including the offices of President of the United States and Presidential and Vice Presidential electors), or to or on behalf of any committee or other organization engaged in furthering, advancing, or advocating the nomination or election of any candidate for any such office or the success of any national political party. This subsection shall not apply to contributions made to or by a State or local committee or other State or local organization.

(b) Definitions.-(b) For the purposes of this section

(1) The term “person” includes an individual partnership, committee, association, corporation, and any other organization or group of persons.

(2) The term "contribution" includes a gift, subscription, loan, advance, or deposit of money, or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make a contribution.

(c) Purchases where proceeds inure to benefit of candidate or political organization.—(c) It is further declared to be a pernicious political activity, and it shall hereafter be unlawful for any person, individual, partnership, committee, association, corporation, and any other organization or group of persons to purchase or buy any goods, commodities, advertising, or articles of any kind or description where the proceeds of such a purchase, or any portion thereof, shall directly or indirectly inure to the benefit of or for any candidate for an elective Federal office (including the offices of President of the United States, and Presidential and Vice Presidential electors) or any political committee or other political organization engaged in furthering, advancing, or advocating the nomination or election of any candidate for any such office or the success of any national political party: Provided, That nothing in this sentence shall be construed to interfere with the usual and known business, trade, or profession of any candidate.

(d) Penalties.—(d) Any person who engages in a pernicious political activity in violation of any provision of this section, shall upon conviction thereof be fined not more than $5,000 or imprisoned for not more than five years. In all cases of violations of this section by a partnership, committee, association, corporation, or other organization or group of persons, the officers, directors, or managing heads thereof who knowingly and willfully participate in such violation, shall be subject to punishment as herein provided.

(e) Existing laws as unaffected. (e) Nothing in this section shall be construed to permit the making of any contribution which is prohibited by any provision of law in force on the date this section takes effect. Nothing in this subchapter shall be construed to alter or amend any provisions of sections 241-256 of Title 2, or any amendments thereto. (Aug. 2, 1939, ch. 410, § 13, added July 19, 1940, ch. 640, § 4, 54 Stat. 767.)

8 61m-1. Same; persons or firms negotiating for or performing Government contracts.(a) No person or firm enterting into any contract with the United States or any department or agency thereof, either for the rendition of personal services or furnishing any material, supplies, or equipment to the United States or any department or agency thereof, or selling any land or building to the United States or any department or agency thereof, if payment for the performance of such contract or payment for such material, supplies, equipment, land, or building is to be made in whole or in part from funds appropriated by the Congress, shall, during the period of negotiation for, or performance under such contract or furnishing of material, supplies, equipment, land, or buildings, directly, or indirectly, make any contribution of money or any other thing of value, or promise expressly or impliedly to make any such contribution, to any political party, committee, or candidate for public office or to any person for any political purpose or use; nor shall any person knowingly solicit any such contribution from any such person or firm, for any such purpose during any such period. Any person who violates the provisions of this section shall, upon conviction thereof, be fined not more than $5,000 or imprisoned not more than five years.

(b) Nothing in this section shall be construed to permit any action which is prohibited by any provision of law in force on the date this section takes effect. (July 19, 1940, ch. 640, § 5, 54 Stat. 772.)

SOURCE This section was not enacted as part of the Hatch Political Activity Act.

§ 61n. District of Columbia employees as employees of United States. For the purposes of this subchapter, persons employed in the government of the District of Columbia shall be deemed to be employed in the executive branch of the Government of the United States, except that for the purposes of the second sentence of section 61h (a) of this title the Commissioners and the Recorder of Deeds of the District of Columbia shall not be deemed to be officers or employees. (Aug. 2, 1939, ch. 410, § 14, as added July 19, 1940, ch. 640, $ 4, 54 Stat. 767.)

8 610, Activities prohibited on part of civil-service employees as prohibited on part of other Government and State employees.The provisions of this subchapter which prohibit persons to whom such provisions apply from taking any active part in political management or in political campaigns shall be deemed to prohibit the same activities on the part of such persons as the United States Civil Service Commission has heretofore determined are at the time this section takes effect prohibited on the part of employees in the classified civil service of the United States by the provisions of the civil-service rules prohibiting such employees from taking any active part in political management or in political campaigns. (Aug. 2, 1939, ch. 410, § 15, as added July 19, 1940, ch. 640, § 4, 54 Stat. 767.)

§ 61p. Political campaigns in localities where majority of voters are Government employees. Whenever the United States Civil Service Commission determines that, by reason of special or unusual circumstances which exist in any municipality or other political subdivision, in the immediate vicinity of the National Capital in the States of Maryland and Virginia or in municipalities the majority of whose voters are employed by the Government of the United States, it is in the domestic interest of persons to whom the provisions of this subchapter are applicable, and who reside in such municipality or political subdivision, to permit such persons to take an active part in political management or in political campaigns involving such municipality or political subdivision, the Commission is authorized to promulgate regulations permitting such persons to take an active part in such political management and political campaigns to the extent the Commission deems to be in the domestic interest of such persons. (Aug. 2, 1939, ch. 410, § 16, as added July 19, 1940, ch. 640, § 4, 54 Stat. 767.)

§ 619. State employees running for public office; resignation upon election.—Nothing in the second sentence of section 611 (a) of this title shall be construed to prevent or prohibit any officer or employee of a State or local agency (as defined in section 611 (f) from. continuing, until the election in connection with which he was nominated, to be a bona fide candidate for election to any public office and from engaging in any political activity in furtherance of his candidacy for such public office, if (1) he was nominated before the date of the enactment of this subchapter, and (2) upon his election to such public office he resigns from the office or employment in which he was employed prior to his election, in a State or local agency (as defined in section 611 (f). (Aug. 2, 1939, ch. 410, $ 17, as added July 19, 1940, ch. 640, $ 4, 54 Stat. 767.)

§ 61r. Elections not specifically identified with National or State issues or political parties.-Nothing in the second sentence of section 611 (a) of this title shall be construed to prevent or prohibit any person subject to the provisions of this subchapter from engaging in any political activity (1) in connection with any election and the preceding campaign if none of the candidates is to be nominated or elected at such election as representing a party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected, or (2) in connection with any question which is not specifically identified with any National or State political party. For the purposes of this section, questions relating to constitutional amendments, referendums, approval of municipal ordinances, and others of a similar character, shall not be deemed to be specifically identified with any National or State political party. (Aug. 2, 1939, ch. 410, § 18, as added July 19, 1940, ch. 640, $ 4, 54 Stat. 767.)

OFFENSES AGAINST OPERATIONS OF GOVERNMENT § 61s. State defined. As used in this subchapter, the term “State” means any State, Territory, or possession of the United States. (Aug. 2, 1939, ch. 410, § 19, as added July 19, 1940, ch. 640, § 4, 54 Stat. 767.)

§ 61t. Maximum contributions to and expenditures by political committees; penalties.—No political committee shall receive contributions aggregating more than $3,000,000, or make expenditures aggregating more than $3,000,000, during any calendar year. For the purposes of this section, any contributions received and any expenditures made on behalf of any political committee with the knowledge and consent of the chairman or treasurer of such committee shall be deemed to be received or made by such committee. Any violation of this section by any political committee shall be deemed also to be a violation of this section by the chairman and the treasurer of such committee and by any other person responsible for such violation. Terms used in this section shall have the meaning assigned to them in section 241 of Title 2, and the penalties provided in sections 241-256 of Title 2 shall apply to violations of this section. (Aug. 2, 1939, ch. 410, § 20, as added July 19, 1940, ch. 640, § 6, 54 Stat. 772.)

§ 61u. Activities of emloyees of educational and research institutions, etc.—Nothing in sections 61a, 61h (a) or 61h (b), or 611 of this title shall be deemed to prohibit or to make unlawful the doing of any act by any officer or employee of any educational or research institution, establishment, agency, or system which is supported in whole or in part by any State or political subdivision thereof, or by the District of Columbia or by any Territory or Territorial possession of the United States; or by any recognized religious, philanthropic, or cultural organization. (Aug. 2, 1939, ch. 410, § 21, added October 24, 1942, ch. 620, 56 Stat. 986.)

§ 72. (Criminal Code, section 28.) Making, forging, counterfeiting, or altering bonds, bids, or public records; transmitting such papers.—Whoever shall falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or willingly aid or assist in the false making altering, forging, or counterfeiting, any bond, bid, proposal, contract,

650673°-46-54

guarantee, security, official bond, public record, affidavit, or other writing for the purpose of defrauding the United States; or shall utter or publish as true, or cause to be uttered or published as true, or have in his possession with the intent to utter or publish as true, and such false, forged, altered, or counterfeited bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing, for the purpose of defrauding the United States, knowing the same to be false, forged, altered, or counterfeited; or shall transmit to, or present at, or cause or procure to be transmitted to or presented at, the office of any officer of the United States, any such false, forged, altered, or counterfeited bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing, knowing the same to be false, forged, altered, or counterfeited, for the purpose of defrauding the United States, shall be fined not more than $1,000 or imprisoned not more than ten years, or both. Mar. 4, 1909, ch. 321, $ 28, 35 Stat. 1094.)

DERIVATION R. S. § 5418, which was revised from act Apr. 5, 1866, ch. 24, 14 Stat. 12 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

R. Š. § 5479, which was revised from act June 8, 1872, ch. 335, 17 Stat. 294, R. S. § 5479 was amended by act Feb. 27, 1877, ch. 69, 19 Stat. 253 and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

$ 73. (Criminal Code, section 29.) Making, forging, counterfeiting, or altering deeds or powers of attorneys; transmitting such papers.—Whoever shall falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or willingly aid or assist in the false making, altering, forging, or counterfeiting, any deed, power of attorney, order, certificate, receipt, contract, or other writing, for the purpose of obtaining or receiving, or of enabling any other person, either directly or indirectly, to obtain or receive, from the United States, or any of their officers or agents, any sum of money; or whoever shall utter or publish as true, or cause to be uttered or published as true, any such false, forged, altered, or counterfeited deed, power of attorney, order, certificate, receipt, contract, or other writing, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited; or whoever shall transmit to or present at, or cause or procure to be transmitted to or presented at, any office or officer of the Government of the United States, any deed, power of attorney, order, certificate, receipt, contract, or other writing, in support of or in relation to any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited, shall be fined not more than $1,000 and imprisoned not more than ten years. (Mar. 4, 1909, ch. 321, § 29, 35 Stat. 1094.)

DERIVATION R. S. § 5421, which was revised from act Mar. 3, 1823, ch. 38, 3 Stat. 771, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 74. (Criminal Code, section 30.) Possession of false papers.Whoever, knowingly and with intent to defraud the United States, shall have in his posssesion any false, altered, forged, or counter

« ForrigeFortsett »