Title 52 — Voting and Elections
Chapter 301 — Federal Election Campaigns
§ 30109. Enforcement
Statutory text
Administrative and judicial practice and procedure
Any person who believes a violation of this Act or of chapter 95 or chapter 96 of title 26 has occurred, may file a complaint with the Commission. Such complaint shall be in writing, signed and sworn to by the person filing such complaint, shall be notarized, and shall be made under penalty of perjury and subject to the provisions of section 1001 of title 18. Within 5 days after receipt of a complaint, the Commission shall notify, in writing, any person alleged in the complaint to have committed such a violation. Before the Commission conducts any vote on the complaint, other than a vote to dismiss, any person so notified shall have the opportunity to demonstrate, in writing, to the Commission within 15 days after notification that no action should be taken against such person on the basis of the complaint. The Commission may not conduct any investigation or take any other action under this section solely on the basis of a complaint of a person whose identity is not disclosed to the Commission.
If the Commission, upon receiving a complaint under paragraph (1) or on the basis of information ascertained in the normal course of carrying out its supervisory responsibilities, determines, by an affirmative vote of 4 of its members, that it has reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of title 26, the Commission shall, through its chairman or vice chairman, notify the person of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section.
The general counsel of the Commission shall notify the respondent of any recommendation to the Commission by the general counsel to proceed to a vote on probable cause pursuant to paragraph (4)(A)(i). With such notification, the general counsel shall include a brief stating the position of the general counsel on the legal and factual issues of the case. Within 15 days of receipt of such brief, respondent may submit a brief stating the position of such respondent on the legal and factual issues of the case, and replying to the brief of general counsel. Such briefs shall be filed with the Secretary of the Commission and shall be considered by the Commission before proceeding under paragraph (4).
Except as provided in clauses 1 (ii) and subparagraph (C), if the Commission determines, by an affirmative vote of 4 of its members, that there is probable cause to believe that any person has committed, or is about to commit, a violation of this Act or of chapter 95 or chapter 96 of title 26, the Commission shall attempt, for a period of at least 30 days, to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with any person involved. Such attempt by the Commission to correct or prevent such violation may continue for a period of not more than 90 days. The Commission may not enter into a conciliation agreement under this clause except pursuant to an affirmative vote of 4 of its members. A conciliation agreement, unless violated, is a complete bar to any further action by the Commission, including the bringing of a civil proceeding under paragraph (6)(A).
If any determination of the Commission under clause (i) occurs during the 45-day period immediately preceding any election, then the Commission shall attempt, for a period of at least 15 days, to correct or prevent the violation involved by the methods specified in clause (i).
No action by the Commission or any person, and no information derived, in connection with any conciliation attempt by the Commission under subparagraph (A) may be made public by the Commission without the written consent of the respondent and the Commission.
If a conciliation agreement is agreed upon by the Commission and the respondent, the Commission shall make public any conciliation agreement signed by both the Commission and the respondent. If the Commission makes a determination that a person has not violated this Act or chapter 95 or chapter 96 of title 26, the Commission shall make public such determination.
Notwithstanding subparagraph (A), in the case of a violation of a qualified disclosure requirement, the Commission may—
find that a person committed such a violation on the basis of information obtained pursuant to the procedures described in paragraphs (1) and (2); and
based on such finding, require the person to pay a civil money penalty in an amount determined, for violations of each qualified disclosure requirement, under a schedule of penalties which is established and published by the Commission and which takes into account the amount of the violation involved, the existence of previous violations by the person, and such other factors as the Commission considers appropriate.
The Commission may not make any determination adverse to a person under clause (i) until the person has been given written notice and an opportunity to be heard before the Commission.
Any person against whom an adverse determination is made under this subparagraph may obtain a review of such determination in the district court of the United States for the district in which the person resides, or transacts business, by filing in such court (prior to the expiration of the 30-day period which begins on the date the person receives notification of the determination) a written petition requesting that the determination be modified or set aside.
In this subparagraph, the term “qualified disclosure requirement” means any requirement of—
subsections 2 (a), (c), (e), (f), (g), or (i) of section 30104 of this title; or
This subparagraph shall apply with respect to violations that relate to reporting periods that begin on or after , and that end on or before .
If the Commission believes that a violation of this Act or of chapter 95 or chapter 96 of title 26 has been committed, a conciliation agreement entered into by the Commission under paragraph (4)(A) may include a requirement that the person involved in such conciliation agreement shall pay a civil penalty which does not exceed the greater of $5,000 or an amount equal to any contribution or expenditure involved in such violation.
If the Commission believes that a knowing and willful violation of this Act or of chapter 95 or chapter 96 of title 26 has been committed, a conciliation agreement entered into by the Commission under paragraph (4)(A) may require that the person involved in such conciliation agreement shall pay a civil penalty which does not exceed the greater of $10,000 or an amount equal to 200 percent of any contribution or expenditure involved in such violation (or, in the case of a violation of section 30122 of this title, which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1,000 percent of the amount involved in the violation).
If the Commission by an affirmative vote of 4 of its members, determines that there is probable cause to believe that a knowing and willful violation of this Act which is subject to subsection (d), or a knowing and willful violation of chapter 95 or chapter 96 of title 26, has occurred or is about to occur, it may refer such apparent violation to the Attorney General of the United States without regard to any limitations set forth in paragraph (4)(A).
In any case in which a person has entered into a conciliation agreement with the Commission under paragraph (4)(A), the Commission may institute a civil action for relief under paragraph (6)(A) if it believes that the person has violated any provision of such conciliation agreement. For the Commission to obtain relief in any civil action, the Commission need only establish that the person has violated, in whole or in part, any requirement of such conciliation agreement.
If the Commission is unable to correct or prevent any violation of this Act or of chapter 95 or chapter 96 of title 26, by the methods specified in paragraph (4), the Commission may, upon an affirmative vote of 4 of its members, institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order (including an order for a civil penalty which does not exceed the greater of $5,000 or an amount equal to any contribution or expenditure involved in such violation) in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or transacts business.
In any civil action instituted by the Commission under subparagraph (A), the court may grant a permanent or temporary injunction, restraining order, or other order, including a civil penalty which does not exceed the greater of $5,000 or an amount equal to any contribution or expenditure involved in such violation, upon a proper showing that the person involved has committed, or is about to commit (if the relief sought is a permanent or temporary injunction or a restraining order), a violation of this Act or chapter 95 or chapter 96 of title 26.
In any civil action for relief instituted by the Commission under subparagraph (A), if the court determines that the Commission has established that the person involved in such civil action has committed a knowing and willful violation of this Act or of chapter 95 or chapter 96 of title 26, the court may impose a civil penalty which does not exceed the greater of $10,000 or an amount equal to 200 percent of any contribution or expenditure involved in such violation (or, in the case of a violation of section 30122 of this title, which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1,000 percent of the amount involved in the violation).
In any action brought under paragraph (5) or (6), subpenas for witnesses who are required to attend a United States district court may run into any other district.
Any party aggrieved by an order of the Commission dismissing a complaint filed by such party under paragraph (1), or by a failure of the Commission to act on such complaint during the 120-day period beginning on the date the complaint is filed, may file a petition with the United States District Court for the District of Columbia.
Any petition under subparagraph (A) shall be filed, in the case of a dismissal of a complaint by the Commission, within 60 days after the date of the dismissal.
In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint.
Any judgment of a district court under this subsection may be appealed to the court of appeals, and the judgment of the court of appeals affirming or setting aside, in whole or in part, any such order of the district court shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.
Repealed. Pub. L. 98–620, title IV, § 402(1)(A), , 98 Stat. 3357.
If the Commission determines after an investigation that any person has violated an order of the court entered in a proceeding brought under paragraph (6), it may petition the court for an order to hold such person in civil contempt, but if it believes the violation to be knowing and willful it may petition the court for an order to hold such person in criminal contempt.
Any notification or investigation made under this section shall not be made public by the Commission or by any person without the written consent of the person receiving such notification or the person with respect to whom such investigation is made.
Any member or employee of the Commission, or any other person, who violates the provisions of subparagraph (A) shall be fined not more than $2,000. Any such member, employee, or other person who knowingly and willfully violates the provisions of subparagraph (A) shall be fined not more than $5,000.
Notice to persons not filing required reports prior to institution of enforcement action; publication of identity of persons and unfiled reports
Before taking any action under subsection (a) against any person who has failed to file a report required under section 30104(a)(2)(A)(iii) of this title for the calendar quarter immediately preceding the election involved, or in accordance with section 30104(a)(2)(A)(i) of this title, the Commission shall notify the person of such failure to file the required reports. If a satisfactory response is not received within 4 business days after the date of notification, the Commission shall, pursuant to section 30111(a)(7) of this title, publish before the election the name of the person and the report or reports such person has failed to file.
Reports by Attorney General of apparent violations
Whenever the Commission refers an apparent violation to the Attorney General, the Attorney General shall report to the Commission any action taken by the Attorney General regarding the apparent violation. Each report shall be transmitted within 60 days after the date the Commission refers an apparent violation, and every 30 days thereafter until the final disposition of the apparent violation.
Penalties; defenses; mitigation of offenses
Any person who knowingly and willfully commits a violation of any provision of this Act which involves the making, receiving, or reporting of any contribution, donation, or expenditure—
aggregating $25,000 or more during a calendar year shall be fined under title 18, or imprisoned for not more than 5 years, or both; or
aggregating $2,000 or more (but less than $25,000) during a calendar year shall be fined under such title, or imprisoned for not more than 1 year, or both.
In the case of a knowing and willful violation of section 30118(b)(3) of this title, the penalties set forth in this subsection shall apply to a violation involving an amount aggregating $250 or more during a calendar year. Such violation of section 30118(b)(3) of this title may incorporate a violation of section 30119(b), 30122, or 30123 of this title.
In the case of a knowing and willful violation of section 30124 of this title, the penalties set forth in this subsection shall apply without regard to whether the making, receiving, or reporting of a contribution or expenditure of $1,000 or more is involved.
Any person who knowingly and willfully commits a violation of section 30122 of this title involving an amount aggregating more than $10,000 during a calendar year shall be—
imprisoned for not more than 2 years if the amount is less than $25,000 (and subject to imprisonment under subparagraph (A) if the amount is $25,000 or more);
fined not less than 300 percent of the amount involved in the violation and not more than the greater of—
$50,000; or
1,000 percent of the amount involved in the violation; or
both imprisoned under clause (i) and fined under clause (ii).
In any criminal action brought for a violation of any provision of this Act or of chapter 95 or chapter 96 of title 26, any defendant may evidence their lack of knowledge or intent to commit the alleged violation by introducing as evidence a conciliation agreement entered into between the defendant and the Commission under subsection (a)(4)(A) which specifically deals with the act or failure to act constituting such violation and which is still in effect.
In any criminal action brought for a violation of any provision of this Act or of chapter 95 or chapter 96 of title 26, the court before which such action is brought shall take into account, in weighing the seriousness of the violation and in considering the appropriateness of the penalty to be imposed if the defendant is found guilty, whether—
the specific act or failure to act which constitutes the violation for which the action was brought is the subject of a conciliation agreement entered into between the defendant and the Commission under subparagraph (a)(4)(A);
the conciliation agreement is in effect; and
the defendant is, with respect to the violation involved, in compliance with the conciliation agreement.
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Federal Election Campaign Act of 1971
Pub. L. 92–225 title III § 309 · 86 Stat. 3
Enacted · 52 U.S.C. § 30109
Pub. L. 92–225, title III, § 309, formerly § 314, as added Pub. L. 93–443, title II, § 208(a), Oct. 15, 1974, 88 Stat. 1284
Source evidence
Code source credit
Pub. L. 92–225, title III, § 309, formerly § 314, as added Pub. L. 93–443, title II, § 208(a), Oct. 15, 1974, 88 Stat. 1284Enacted provision · exact public law section
Sec. 309. statements filed with state officers (a) A copy of each statement required to be filed with a supervisory officer by this title shall be filed with the Secretary of St ate (or, if there is no office of Secretary of State, the equivalent State officer) of the appropriate State. For purposes of this subsection, the “Appropriate State.” term “appropriate State” means— (1) for reports relating to expenditures and contributions in connection with the campaign for nomination for election, or election, of a candidate to the office of President or Vice President of the United States, each State in which an expenditure is made by him or on his; behalf, and (2) for reports relating to expenditures and contributions in connection with the campaign for nomination for election, or election, of a candidate to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, the State in which he seeks election. (b) It shall be the duty of the Secretary of State, or the equivalent State officer, duties. State officer, under subsection (a)— (1) to receive and maintain in an orderly manner all reports and statements required by this title to be filed with him; (2) to preserve such reports and statements for a period of ten years from date of receipt, except that reports and statements relating solely to candidates for the House of Representatives shall be preserved for only five years from the date of receipt; (3) to make the reports and statements filed with him available for public inspection and copying during regular office hours, commencing as soon as practicable but not later than the end of the day during which it was received, and to permit copying of any such report or statement by hand or by duplicating machine, requested by any person, at the expense of such person; and (4) to compile and maintain a current list of all statements or parts of statements pertaining to each candidate.Federal Election Campaign Act Amendments of 1976
Pub. L. 94–283 § 109 · 90 Stat. 475
Repealed · 52 U.S.C. § 30109(a)
Pub. L. 94–283, § 109, generally revised provisions of subsec. (a) to reflect enactment of sections 441a to 441j of this title and repeal of sections 608 and 610 to 617 of title 18 and to update the operations of the Commission
Source evidence
Code amendment note
Subsec. (a). Pub. L. 94–283, § 109, generally revised provisions of subsec. (a) to reflect enactment of sections 441a to 441j of this title and repeal of sections 608 and 610 to 617 of title 18 and to update the operations of the Commission.Enacted provision · exact public law section
Sec. 109. enforcement Section 313 of the Act (2 U.S.C. 437g), as redesignated by section 105, is amended to read as follows: “Sec. 313. “enforcement (a) (1) Any person who believes a violation of this Act Complaints, filing. 26 USC 9001, 9031. or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred may file a complaint with the Commission. Such complaint shall be in writing, shall be signed and sworn to by the person filing such complaint, and shall be notarized. Any person filing such a complaint shall be subject to the provisions of section 1001 of title 18, United States Code. The Commission may not conduct any investigation under this section, or take any other action under this section, solely on the basis of a complaint of a person whose identity is not disclosed to the Commission. “(2) The Commission, upon receiving a complaint under paragraph Notification and investigation. (1), and if it has reason to believe that any person has committed a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or, if the Commission, on the basis of information ascertained in the normal course of carrying out its supervisory responsibilities, has reason to believe that such a violation has occurred, shall notify the person involved of such alleged violation and shall make an investigation of such alleged violation in accordance with the provisions of this section. “(3) (A) Any investigation under paragraph (2) shall be conducted expeditiously and shall include an investigation, conducted in accordance with the provisions of this section, of reports and statements filed by any complainant under this title, if such complainant is a candidate. “(B) Any notification or investigation made under paragraph (2) shall not be made public by the Commission or by any person without the written consent of the person receiving such notification or the person with respect, to whom such investigation is made. “(4) The Commission shall afford any person who receives notice of an alleged violation under paragraph (2) a reasonable opportunity to demonstrate that no action should be taken against such person by the Commission under this Act. “(5) (A) If the Commission determines that there is reasonable cause to believe that any person has committed or is about to commit a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the Commission shall make every endeavor for a period of not less than 30 days to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with the person involved, except that, if the. Commission has reasonable cause to believe that— “(i) any person has failed to file a report required to be filed under section 304(a)(1)(C) for the calendar quarter occurring Ante, p. 480. immediately before the date of a general election; “(ii) any person has failed to file a report required to be filed no later than 10 days before an election; or “(iii) on the basis of a complaint filed less than 45 days but more than 10 days before an election, any person has committed a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954; the Commission shall make every effort, for a period of not less than one-half the number of days between the date upon which the Commission determines there is reasonable cause to believe such a violation has occurred and the date of the election involved, to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with the person involved. A conciliation agreement, unless violated, shall constitute a complete bar to any further action by the Commission, including the bringing of a civil proceeding under subparagraph (B). “(B) If the Commission is unable to correct or prevent any such violation by such informal methods, the Commission may, if the Commission determines there is probable cause to believe that a violation has occurred or is about to occur, institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order, including a civil penalty which does not exceed the greater of $5,000 or an amount equal to the amount of any contribution or expenditure involved in such violation, in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or transacts business. “(C) In any civil action instituted by the Commission under subparagraph (B), the court may grant a permanent or temporary injunction, restraining order, or other order, including u civil penalty which does not exceed the greater of $5,000 or an amount equal to the amount of any contribution or expenditure involved in such violation, upon a proper showing that the person involved has engaged or is about to engage in a violation of this Act or of chapter 95 or chapter 26 USC 9001, 9031. Violations, referral to Attorney General. Post, p. 494. 96 of the Internal Revenue Code of 1954. “(D) If the Commission determines that there is probable cause to believe that a knowing and willful violation subject to and as defined in section 329, or a knowing and willful violation of a provision of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred or is about to occur, it may refer such apparent violation to the. Attorney General of the United States without regard to any limitations set forth in subparagraph (A). “(6) (A) If the Commission believes that there is clear and convincing proof that a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, has been committed, a conciliation agreement entered into by the Commission under paragraph (5)(A) may include a requirement that the, person involved in such conciliation agreement shall pay a civil penalty which shall not exceed the greater of (i) $10,000; or (ii) an amount equal to 200 percent of the amount of any contribution or expenditure involved in such violation. “(B) If the Commission believes that a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has been committed, a conciliation agreement entered into by the Commission under paragraph (5)(A) may include a requirement that the person involved in such conciliation agreement shall pay a civil penalty which does not exceed the greater of (i) $5,000; or (ii) an amount equal to the amount of the contribution or expenditure involved in such violation. “(C) The Commission shall make available to the public (i) the results of any conciliation attempt, including any conciliation agreement entered into by the Commission: and (ii) any determination by the Commission that no violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred. “(7) In any civil action for relief instituted by the Commission under paragraph (5), if the court, determines that the Commission has established through clear and convincing proof that the person involved in such civil action has committed a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the court may impose a civil penalty of not 26 USC 9001, 9031. more than the greater of (A) $10,000; or (B) an amount equal to 200 percent, of the contribution or expenditure involved in such violation. Tn any ease in which such person has entered into a conciliation agreement with the Commission under paragraph (5)(A), the Commission may institute a civil action for relief under paragraph (5) if it believes that such person has violated any provision of such conciliation agreement. In order for the Commission to obtain relief in any such civil action, it shall be sufficient for the Commission to establish that such person has violated, in whole or in part, any requirement of such conciliation agreement. “(8) In any action brought under paragraph (5) or paragraph (7), Subpenas. subpenas for witnesses who are required to attend a United States district court may run into any other district. “(9) (A) Any party aggrieved by an order of the Commission dismissing Petitions, filing. a complaint tiled by such party under paragraph (1), or by a failure on the part of the Commission to act on such complaint, in accordance with the provisions of this section within 90 days after the filing of such complaint, may file a petition with the United States District Court for the District of Columbia. “(B) The filing of any petition under subparagraph (A) shall be made— “(i) in the ease of the dismissal of a complaint by the Commission, no later than 60 days after such dismissal; or “(ii) in the case of a failure on the part of the Commission to act on such comp la rut, no later than 60 days after the 90-day period specified in subparagraph (A). “(C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the action, or the failure to act, is contrary to law and may direct the Commission to proceed in conformity with such declaration within 30 days, failing which the complainant may bring in his own name a civil action to remedy the violation involved in the original complaint. “(10) The judgment of the district court may be appealed to the Appeals. court of appeals and the judgment of the court of appeals affirming or setting aside, in whole or in part, any such order of the district court shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. “(11) Any action brought under this subsection shall be advanced on the docket of the court in which filed, and put ahead of all other actions (other than other actions brought under this subsection or under section 314). “(12) If the Commission determines after an investigation that any person has violated an order of the court entered in a proceeding brought under paragraph (5) it may petition the court for an order to adjudicate such person in civil contempt, except that if it believes the violation to be knowing and willful it may petition the court for an order to adjudicate such person in criminal contempt. “(b) In any case in which the Commission refers an apparent violation Report to the Commission. to the Attorney General, the Attorney General shall respond by report to the Commission with respect to any action taken by the Attorney General regarding such apparent, violation. Each report shall be transmitted no later than 69 days after the date the Commission refers any apparent violation, and at the close of every 30-day period thereafter until there is final disposition of such apparent Reports. violation. The Commission may from time to time prepare and publish reports on the status of such referrals. “(c) Any member of the Commission, any employee of the Commission, or any other person who violates the provisions of subsection (a)(3)(B) shall be fined not more than $2,000. Any such member, employee, or other person who knowingly and willfully violates the provisions of subsection (a)(3)(B) shall be fined not more than $5,000.”.Federal Election Campaign Act Amendments of 1976
Pub. L. 94–283 § 109 · 90 Stat. 475
Added · 52 U.S.C. § 30109(b); 52 U.S.C. § 30109(c)
Pub. L. 94–283, § 109, reenacted subsec. (b) without change and added subsec. (c)
Source evidence
Code amendment note
Subsecs. (b), (c). Pub. L. 94–283, § 109, reenacted subsec. (b) without change and added subsec. (c).Enacted provision · exact public law section
Sec. 109. enforcement Section 313 of the Act (2 U.S.C. 437g), as redesignated by section 105, is amended to read as follows: “Sec. 313. “enforcement (a) (1) Any person who believes a violation of this Act Complaints, filing. 26 USC 9001, 9031. or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred may file a complaint with the Commission. Such complaint shall be in writing, shall be signed and sworn to by the person filing such complaint, and shall be notarized. Any person filing such a complaint shall be subject to the provisions of section 1001 of title 18, United States Code. The Commission may not conduct any investigation under this section, or take any other action under this section, solely on the basis of a complaint of a person whose identity is not disclosed to the Commission. “(2) The Commission, upon receiving a complaint under paragraph Notification and investigation. (1), and if it has reason to believe that any person has committed a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or, if the Commission, on the basis of information ascertained in the normal course of carrying out its supervisory responsibilities, has reason to believe that such a violation has occurred, shall notify the person involved of such alleged violation and shall make an investigation of such alleged violation in accordance with the provisions of this section. “(3) (A) Any investigation under paragraph (2) shall be conducted expeditiously and shall include an investigation, conducted in accordance with the provisions of this section, of reports and statements filed by any complainant under this title, if such complainant is a candidate. “(B) Any notification or investigation made under paragraph (2) shall not be made public by the Commission or by any person without the written consent of the person receiving such notification or the person with respect, to whom such investigation is made. “(4) The Commission shall afford any person who receives notice of an alleged violation under paragraph (2) a reasonable opportunity to demonstrate that no action should be taken against such person by the Commission under this Act. “(5) (A) If the Commission determines that there is reasonable cause to believe that any person has committed or is about to commit a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the Commission shall make every endeavor for a period of not less than 30 days to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with the person involved, except that, if the. Commission has reasonable cause to believe that— “(i) any person has failed to file a report required to be filed under section 304(a)(1)(C) for the calendar quarter occurring Ante, p. 480. immediately before the date of a general election; “(ii) any person has failed to file a report required to be filed no later than 10 days before an election; or “(iii) on the basis of a complaint filed less than 45 days but more than 10 days before an election, any person has committed a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954; the Commission shall make every effort, for a period of not less than one-half the number of days between the date upon which the Commission determines there is reasonable cause to believe such a violation has occurred and the date of the election involved, to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with the person involved. A conciliation agreement, unless violated, shall constitute a complete bar to any further action by the Commission, including the bringing of a civil proceeding under subparagraph (B). “(B) If the Commission is unable to correct or prevent any such violation by such informal methods, the Commission may, if the Commission determines there is probable cause to believe that a violation has occurred or is about to occur, institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order, including a civil penalty which does not exceed the greater of $5,000 or an amount equal to the amount of any contribution or expenditure involved in such violation, in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or transacts business. “(C) In any civil action instituted by the Commission under subparagraph (B), the court may grant a permanent or temporary injunction, restraining order, or other order, including u civil penalty which does not exceed the greater of $5,000 or an amount equal to the amount of any contribution or expenditure involved in such violation, upon a proper showing that the person involved has engaged or is about to engage in a violation of this Act or of chapter 95 or chapter 26 USC 9001, 9031. Violations, referral to Attorney General. Post, p. 494. 96 of the Internal Revenue Code of 1954. “(D) If the Commission determines that there is probable cause to believe that a knowing and willful violation subject to and as defined in section 329, or a knowing and willful violation of a provision of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred or is about to occur, it may refer such apparent violation to the. Attorney General of the United States without regard to any limitations set forth in subparagraph (A). “(6) (A) If the Commission believes that there is clear and convincing proof that a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, has been committed, a conciliation agreement entered into by the Commission under paragraph (5)(A) may include a requirement that the, person involved in such conciliation agreement shall pay a civil penalty which shall not exceed the greater of (i) $10,000; or (ii) an amount equal to 200 percent of the amount of any contribution or expenditure involved in such violation. “(B) If the Commission believes that a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has been committed, a conciliation agreement entered into by the Commission under paragraph (5)(A) may include a requirement that the person involved in such conciliation agreement shall pay a civil penalty which does not exceed the greater of (i) $5,000; or (ii) an amount equal to the amount of the contribution or expenditure involved in such violation. “(C) The Commission shall make available to the public (i) the results of any conciliation attempt, including any conciliation agreement entered into by the Commission: and (ii) any determination by the Commission that no violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred. “(7) In any civil action for relief instituted by the Commission under paragraph (5), if the court, determines that the Commission has established through clear and convincing proof that the person involved in such civil action has committed a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the court may impose a civil penalty of not 26 USC 9001, 9031. more than the greater of (A) $10,000; or (B) an amount equal to 200 percent, of the contribution or expenditure involved in such violation. Tn any ease in which such person has entered into a conciliation agreement with the Commission under paragraph (5)(A), the Commission may institute a civil action for relief under paragraph (5) if it believes that such person has violated any provision of such conciliation agreement. In order for the Commission to obtain relief in any such civil action, it shall be sufficient for the Commission to establish that such person has violated, in whole or in part, any requirement of such conciliation agreement. “(8) In any action brought under paragraph (5) or paragraph (7), Subpenas. subpenas for witnesses who are required to attend a United States district court may run into any other district. “(9) (A) Any party aggrieved by an order of the Commission dismissing Petitions, filing. a complaint tiled by such party under paragraph (1), or by a failure on the part of the Commission to act on such complaint, in accordance with the provisions of this section within 90 days after the filing of such complaint, may file a petition with the United States District Court for the District of Columbia. “(B) The filing of any petition under subparagraph (A) shall be made— “(i) in the ease of the dismissal of a complaint by the Commission, no later than 60 days after such dismissal; or “(ii) in the case of a failure on the part of the Commission to act on such comp la rut, no later than 60 days after the 90-day period specified in subparagraph (A). “(C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the action, or the failure to act, is contrary to law and may direct the Commission to proceed in conformity with such declaration within 30 days, failing which the complainant may bring in his own name a civil action to remedy the violation involved in the original complaint. “(10) The judgment of the district court may be appealed to the Appeals. court of appeals and the judgment of the court of appeals affirming or setting aside, in whole or in part, any such order of the district court shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. “(11) Any action brought under this subsection shall be advanced on the docket of the court in which filed, and put ahead of all other actions (other than other actions brought under this subsection or under section 314). “(12) If the Commission determines after an investigation that any person has violated an order of the court entered in a proceeding brought under paragraph (5) it may petition the court for an order to adjudicate such person in civil contempt, except that if it believes the violation to be knowing and willful it may petition the court for an order to adjudicate such person in criminal contempt. “(b) In any case in which the Commission refers an apparent violation Report to the Commission. to the Attorney General, the Attorney General shall respond by report to the Commission with respect to any action taken by the Attorney General regarding such apparent, violation. Each report shall be transmitted no later than 69 days after the date the Commission refers any apparent violation, and at the close of every 30-day period thereafter until there is final disposition of such apparent Reports. violation. The Commission may from time to time prepare and publish reports on the status of such referrals. “(c) Any member of the Commission, any employee of the Commission, or any other person who violates the provisions of subsection (a)(3)(B) shall be fined not more than $2,000. Any such member, employee, or other person who knowingly and willfully violates the provisions of subsection (a)(3)(B) shall be fined not more than $5,000.”.Federal Election Campaign Act Amendments of 1979
Pub. L. 96–187 § 108 · 93 Stat. 1339
Changed · 52 U.S.C. § 30109
Pub. L. 96–187, § 108, substantially revised provisions of this section in order to facilitate the Commission’s more expeditious handling of complaints, and implementation of enforcement proceedings
Source evidence
Code amendment note
Pub. L. 96–187, § 108, substantially revised provisions of this section in order to facilitate the Commission’s more expeditious handling of complaints, and implementation of enforcement proceedings.Enacted provision · exact public law section
Sec. 108. enforcement Section 309 of the Act, as so redesignated in section Ante, p. 1354. 105(a)(4), is amended to read as follows: “Sec. 309. “enforcement (a) (1) Any person who believes a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has occurred, may file a complaint with the Commission. Such complaint shall be in writing, signed and sworn to by the person filing such complaint, shall be notarized, and shall be made under penalty of perjury and subject to the provisions of section 1001 of title 18, United States Code. Within 5 days after receipt of a complaint, the Commission shall notify, in writing, any person alleged in the complaint to have committed such a violation. Before the Commission conducts any vote on the complaint, other than a vote to dismiss, any person so notified shall have the opportunity to demonstrate, in writing, to the Commission within 15 days after notification that no action should be taken against such person on the basis of the complaint. The Commission may not conduct any investigation or take any other action under this section solely on the basis of a complaint of a person whose identity is not disclosed to the Commission. “(2) If the Commission, upon receiving a complaint under paragraph (1) or on the basis of information ascertained in the normal course of carrying out its supervisory responsibilities, determines, by an affirmative vote of 4 of its members, that it has reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1954, 26 USC 9001 e seq., 9031 et se. the Commission shall, through its chairman or vice chairman, notify the person of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. “(3) The general counsel of the Commission shall notify the Notification o respondent. respondent of any recommendation to the Commission by the general counsel to proceed to a vote on probable cause pursuant to paragraph (4)(A)(i). With such notification, the general counsel shall include a brief stating the position of the general counsel on the legal and factual issues of the case. Within 15 days of receipt of such brief, respondent may submit a brief stating the position of such respondent on the legal and factual issues of the case, and replying to the brief of general counsel. Such briefs shall be filed with the Secretary of the Commission and shall be considered by the Commission before proceeding under paragraph (4). “(4) (A) (i) Except as provided in clause (ii), if the Commission determines, by an affirmative vote of 4 of its members, that there is probable cause to believe that any person has committed, or is about to commit, a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the Commission shall attempt, for a period of at least 30 days, to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with any person involved. Such attempt by the Commission to correct or prevent such violation may continue for a period of not more than 90 days. The Commission may not enter into a conciliation agreement under this clause except pursuant to an affirmative vote of 4 of its members. A conciliation agreement, unless violated, is a complete bar to any further action by the Commission, including the bringing of a civil proceeding under paragraph (6)(A). “(ii) If any determination of the Commission under clause (i) occurs during the 45-day period immediately preceding any election, then the Commission shall attempt, for a period of at least 15 days, to correct or prevent the violation involved by the methods specified in clause (i). “(B) (i) No action by the Commission or any person, and no information derived, in connection with any conciliation attempt by the Commission under subparagraph (A) may be made public by the Commission without the written consent of the respondent and the Commission. “(ii) If a conciliation agreement is agreed upon by the Commission Conciliation agreements. and the respondent, the Commission shall make public any conciliation agreement signed by both the Commission and the respondent. If the Commission makes a determination that a person has not violated this Act or chapter 95 or chapter 96 of the Internal Revenue 26 USC 9001 et seq., 9031 et seq. Code of 1954, the Commission shall make public such determination. “(5) (A) If the Commission believes that a violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has been committed, a conciliation agreement entered into by the Commission under paragraph (4)(A) may include a requirement that the person involved in such conciliation agreement shall pay a civil penalty which does not exceed the greater of $5,000 or an amount equal to any contribution or expenditure involved in such violation. “(B) If the Commission believes that a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954 has been committed, a conciliation agreement entered into by the Commission under paragraph (4)(A) may require that the person involved in such conciliation agreement shall pay a civil penalty which does not exceed the greater of $10,000 or an amount equal to 200 percent of any contribution or expenditure involved in such violation. “(C) If the Commission by an affirmative vote of 4 of its members, determines that there is probable cause to believe that a knowing and willful violation of this Act which is subject to subsection (d), or a knowing and willful violation of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, has occurred or is about to occur, it may refer such apparent violation to the Attorney General of the United States without regard to any limitations set forth in paragraph (4)(A). “(D) In any case in which a person has entered into a conciliation agreement with the Commission under paragraph (4)(A), the Commission may institute a civil action for relief under paragraph (6)(A) if it believes that the person has violated any provision of such conciliation agreement. For the Commission to obtain relief in any civil action, the Commission need only establish that the person has violated, in whole or in part, any requirement of such conciliation agreement. “(6) (A) If the Commission is unable to correct or prevent any violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, by the methods specified in paragraph (4)(A), the Commission may, upon an affirmative vote of 4 of its members, institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order (including an order for a civil penalty which does not exceed the greater of $5,000 or an amount equal to any contribution or expenditure involved in such violation) in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or transacts business. “(B) In any civil action instituted by the Commission under subparagraph (A), the court may grant a permanent or temporary injunction, restraining order, or other order, including a civil penalty which does not exceed the greater of $5,000 or an amount equal to any contribution or expenditure involved in such violation, upon a proper showing that the person involved has committed, or is about to commit (if the relief sought is a permanent or temporary injunction or a restraining order), a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1954. “(C) In any civil action for relief instituted by the Commission under subparagraph (A), if the court determines that the Commission has established that the person involved in such civil action has committed a knowing and willful violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the court may impose a civil penalty which does not exceed the greater of $10,000 or an amount equal to 200 percent of any contribution or expenditure involved in such violation. “(7) In any action brought under paragraph (5) or (6), subpenas for witnesses who are required to attend a United States district court may run into any other district. “(8) (A) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party under paragraph (1), or by a failure of the Commission to act on such complaint during the 120-day period beginning on the date the complaint is filed, may file a petition with the United States District Court for the District of Columbia. “(B) Any petition under subparagraph (A) shall be filed, in the case of a dismissal of a complaint by the Commission, within 60 days after the date of the dismissal. “(C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint. “(9) Any judgment of a district court under this subsection may be appealed to the court of appeals, and the judgment of the court of appeals affirming or setting aside, in whole or in part, any such order of the district court shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. “(10) Any action brought under this subsection shall be advanced on the docket of the court in which filed, and put ahead of all other actions (other than other actions brought under this subsection or under section 310 of this Act). Ante, p. 1354. “(11) If the Commission determines after an investigation that any person has violated an order of the court entered in a proceeding brought under paragraph (6), it may petition the court for an order to hold such person in civil contempt, hut if it believes the violation to be knowing and willful it may petition the court for an order to hold such person in criminal contempt. “(12) (A) Any notification or investigation made under this section shall not be made public by the Commission or by any person without the written consent of the person receiving such notification or the person with respect to whom such investigation is made. “(B) Any member or employee of the Commission, or any other person, who violates the provisions of subparagraph (A) shall be fined not more than $2,000. Any such member, employee, or other person who knowingly and willfully violates the provisions of subparagraph (A) shall be fined not more than $5,000. “(b) Before taking any action under subsection (a) against any person who has failed to file a report required under section 304(a)(2)(A)(iii) for the calendar quarter immediately preceding the Ante, p. 1348. election involved, or in accordance with section 304(a)(2)(A)(i), the Commission shall notify the person of such failure to file the required reports. If a satisfactory response is not received within 4 business days after the date of notification, the Commission shall, pursuant to section 311(a)(7), publish before the election the name of the person Post, p. 1362. and the report or reports such person has failed to file. “(c) Whenever the Commission refers an apparent violation to the Attorney General, report to Commission. Attorney General, the Attorney General shall report to the Commission any action taken by the Attorney General regarding the appar-ent violation. Each report shall be transmitted within 60 days after the date the Commission refers an apparent violation, and every 30 days thereafter until the final disposition of the apparent violation. “(d) (1) (A) Any person who knowingly and willfully commits a violation of any provision of this Act which involves the making, receiving, or reporting of any contribution or expenditure aggregating $2,000 or more during a calendar year shall be fined, or imprisoned for not more than one year, or both. The amount of this fine shall not exceed the greater of $25,000 or 300 percent of any contribution or expenditure involved in such violation. “(B) In the case of a knowing and willful violation of section Ante, p. 1354. 316(b)(3), the penalties set forth in this subsection shall apply to a violation involving an amount aggregating $250 or more during a calendar year. Such violation of section 316(b)(3) may incorporate a Ante, p. 1354. Ante, p. 1354. violation of section 317(b), 320, or 321. “(C) In the case of a knowing and willful violation of section 322, the penalties set forth in this subsection shall apply without regard to whether the making, receiving, or reporting of a contribution or expenditure of $1,000 or more is involved. “(2) In any criminal action brought for a violation of any provision of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code 26 USC 9001 et seq., 9031 et seq. of 1954, any defendant may evidence their lack of knowledge or intent to commit the alleged violation by introducing as evidence a conciliation agreement entered into between the defendant and the Commission under subsection (a)(4)(A) which specifically deals with the act or failure to act constituting such violation and which is still in effect. “(3) In any criminal action brought for a violation of any provision of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1954, the court before which such action is brought shall take into account, in weighing the seriousness of the violation and in considering the appropriateness of the penalty to be imposed if the defendant is found guilty, whether— “(A) the specific act or failure to act which constitutes the violation for which the action was brought is the subject of a conciliation agreement entered into between the defendant and the Commission under subparagraph (a)(4)(A); “(B) the conciliation agreement is in effect; and “(C) the defendant is, with respect to the violation involved, in compliance with the conciliation agreement.”.Pub. L. 98–620 title IV § 402(1)(A) · 98 Stat. 3335
Struck · 52 U.S.C. § 30109(a)(10)
Pub. L. 98–620 struck out par. (10) which provided that any action brought under subsec. (a) be advanced on the docket of the court in which filed and put ahead of all other actions (other than other actions brought under this subsec. or under section 437h of this title)
Source evidence
Code amendment note
Subsec. (a)(10). Pub. L. 98–620 struck out par. (10) which provided that any action brought under subsec. (a) be advanced on the docket of the court in which filed and put ahead of all other actions (other than other actions brought under this subsec. or under section 437h of this title).Enacted provision · exact public law section
(A) Section 309(a)( 10) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(10) is repealed.Tax Reform Act of 1986
Pub. L. 99–514 § 2 · 100 Stat. 2085
Substituted · 52 U.S.C. § 30109(a)(1)(2)(4)(A)(i)(B)(ii)(5)(A)(C)(6)(d)(2)(3)
Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text
Source evidence
Code amendment note
Subsecs. (a)(1), (2), (4)(A)(i), (B)(ii), (5)(A) to (C), (6), (d)(2), (3). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.Enacted provision · exact public law section
SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.Treasury and General Government Appropriations Act, 2000
Pub. L. 106–58 § 640(a)(1) · 113 Stat. 430
Substituted · 52 U.S.C. § 30109(a)(4)(A)(i)
Pub. L. 106–58, § 640(a)(1), substituted “clauses (ii) and subparagraph (C)” for “clause (ii)”
Source evidence
Code amendment note
Subsec. (a)(4)(A)(i). Pub. L. 106–58, § 640(a)(1), substituted “clauses (ii) and subparagraph (C)” for “clause (ii)”.Enacted provision · exact public law section
(1) in subparagraph (A)(i), by striking “clause (ii)” and inserting “clauses (ii) and subparagraph (C)”; andTreasury and General Government Appropriations Act, 2000
Pub. L. 106–58 § 640(a)(2) · 113 Stat. 430
Added · 52 U.S.C. § 30109(a)(4)(C)
Pub. L. 106–58, § 640(a)(2), added subpar. (C)
Source evidence
Code amendment note
Subsec. (a)(4)(C). Pub. L. 106–58, § 640(a)(2), added subpar. (C).Enacted provision · exact public law section
(2) by adding at the end the following new subparagraph: “(C) (i) Notwithstanding subparagraph (A), in the case of a violation of any requirement of section 304(a) of the Act (2 U.S.C. 434(a)), the Commission may— “(I) find that a person committed such a violation on the basis of information obtained pursuant to the procedures described in paragraphs (1) and (2); and “(II) based on such finding, require the person to pay a civil money penalty in an amount determined under a schedule of penalties which is established and published by the Commission and which takes into account the amount of the violation involved, the existence of previous violations by the person, and such other factors as the Commission considers appropriate. (ii) The Commission may not make any determination adverse to a person under clause (i) until the person has been given written notice and an opportunity to be heard before the Commission. (iii) Any person against whom an adverse determination is made under this subparagraph may obtain a review of such determination in the district court of the United States for the district in which the person resides, or transacts business, by filing in such court (prior to the expiration of the 30-day period which begins on the date the person receives notification of the determination) a written petition requesting that the determination be modified or set aside.”.Treasury and General Government Appropriations Act, 2000
Pub. L. 106–58 § 640(b) · 113 Stat. 430
Substituted · 52 U.S.C. § 30109(a)(6)(A)
Pub. L. 106–58, § 640(b), substituted “paragraph (4)” for “paragraph (4)(A)”
Source evidence
Code amendment note
Subsec. (a)(6)(A). Pub. L. 106–58, § 640(b), substituted “paragraph (4)” for “paragraph (4)(A)”.Enacted provision · exact public law section
(b) Conforming Amendment.— Section 309(a)(6)(A) of such Act (2 U.S.C. 437g(a)(6)(A)) is amended by striking “paragraph (4)(A)” and inserting “paragraph (4)”.Pub. L. 107–155 § 315(a)(1) · 116 Stat. 81
Inserted · 52 U.S.C. § 30109(a)(5)(B)
Pub. L. 107–155, § 315(a)(1), inserted before period at end “(or, in the case of a violation of section 441f of this title, which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1,000 percent of the amount involved in the violation)”
Source evidence
Code amendment note
Subsec. (a)(5)(B). Pub. L. 107–155, § 315(a)(1), inserted before period at end “(or, in the case of a violation of section 441f of this title, which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1,000 percent of the amount involved in the violation)”.Enacted provision · exact public law section
(1) in paragraph (5)(B), by inserting before the period at the end the following: “(or, in the case of a violation of section 320, which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1,000 percent of the amount involved in the violation)”; andPub. L. 107–155 § 315(a)(2) · 116 Stat. 81
Inserted · 52 U.S.C. § 30109(a)(6)(C)
Pub. L. 107–155, § 315(a)(2), inserted before period at end “(or, in the case of a violation of section 441f of this title, which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1,000 percent of the amount involved in the violation)”
Source evidence
Code amendment note
Subsec. (a)(6)(C). Pub. L. 107–155, § 315(a)(2), inserted before period at end “(or, in the case of a violation of section 441f of this title, which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1,000 percent of the amount involved in the violation)”.Enacted provision · exact public law section
(2) in paragraph (6)(C), by inserting before the period at the end the following: “(or, in the case of a violation of section 320, which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1,000 percent of the amount involved in the violation)”.Pub. L. 107–155 § 312(a) · 116 Stat. 81
Amended · 52 U.S.C. § 30109(d)(1)(A)
Pub. L. 107–155, § 312(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Any person who knowingly and willfully commits a violation of any provision of this Act which involves the making, receiving, or reporting of any contribution or expenditure aggregating $2,000 or more during a calendar year shall be fined, or imprisoned for not more than one year, or both. The amount of this fine shall not exceed the greater of $25,000 or 300 percent of any contribution or expenditure involved in such violation.”
Source evidence
Code amendment note
Subsec. (d)(1)(A). Pub. L. 107–155, § 312(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Any person who knowingly and willfully commits a violation of any provision of this Act which involves the making, receiving, or reporting of any contribution or expenditure aggregating $2,000 or more during a calendar year shall be fined, or imprisoned for not more than one year, or both. The amount of this fine shall not exceed the greater of $25,000 or 300 percent of any contribution or expenditure involved in such violation.”Enacted provision · exact public law section
(a) In General.— Subparagraph (A) of section 309(d)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)(1)(A)) is amended to read as follows: “(A) Any person who knowingly and willfully commits a violation of any provision of this Act which involves the making, receiving, or reporting of any contribution, donation, or expenditure— “(i) aggregating $25,000 or more during a calendar year shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both; or “(ii) aggregating $2,000 or more (but less than $25,000) during a calendar year shall be fined under such title, or imprisoned for not more than 1 year, or both.”.Pub. L. 107–155 § 315(b) · 116 Stat. 81
Added · 52 U.S.C. § 30109(d)(1)(D)
Pub. L. 107–155, § 315(b), added subpar. (D)
Source evidence
Code amendment note
Subsec. (d)(1)(D). Pub. L. 107–155, § 315(b), added subpar. (D).Enacted provision · exact public law section
(b) Increase in Criminal Penalty.— Section 309(d)(1) of such Act (2 U.S.C. 437g(d)(1)) is amended by adding at the end the following new subparagraph: “(D) Any person who knowingly and willfully commits a violation of section 320 involving an amount aggregating more than $10,000 during a calendar year shall be— “(i) imprisoned for not more than 2 years if the amount is less than $25,000 (and subject to imprisonment under subparagraph (A) if the amount is $25,000 or more); “(ii) fined not less than 300 percent of the amount involved in the violation and not more than the greater of— “(I) $50,000; or “(II) 1,000 percent of the amount involved in the violation; or “(iii) both imprisoned under clause (i) and fined under clause (ii).”.Pub. L. 110–433 § 1(a) · 122 Stat. 4971
Added · 52 U.S.C. § 30109(a)(4)(C)(iv)
Pub. L. 110–433 added cl. (iv)
Source evidence
Code amendment note
Subsec. (a)(4)(C)(iv). Pub. L. 110–433 added cl. (iv).Enacted provision · exact public law section
(a) Extension of Authority.— Section 309(a)(4)(C) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(4)(C)) is amended by adding at the end the following new clause: “(iv) This Applicability. subparagraph shall apply with respect to violations that relate to reporting periods that begin on or after January 1, 2000, and that end on or before December 31, 2013.” .Pub. L. 113–72 § 2(a) · 127 Stat. 1210
Substituted · 52 U.S.C. § 30109(a)(4)(C)(i)
Pub. L. 113–72, § 2(a), substituted “a qualified disclosure requirement” for “any requirement of section 434(a) of this title” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(4)(C)(i). Pub. L. 113–72, § 2(a), substituted “a qualified disclosure requirement” for “any requirement of section 434(a) of this title” in introductory provisions.Enacted provision · exact public law section
(a) Application to Qualified Disclosure Requirements.— Section 309(a)(4)(C)(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(4)(C)(i)) is amended by striking “any requirement of section 304(a) of the Act (2 U.S.C. 434(a))” and inserting “a qualified disclosure requirement”.Pub. L. 113–72 § 2(b) · 127 Stat. 1210
Inserted · 52 U.S.C. § 30109(a)(4)(C)(i)(II)
Pub. L. 113–72, § 2(b), inserted “, for violations of each qualified disclosure requirement,” before “under a schedule of penalties”
Source evidence
Code amendment note
Subsec. (a)(4)(C)(i)(II). Pub. L. 113–72, § 2(b), inserted “, for violations of each qualified disclosure requirement,” before “under a schedule of penalties”.Enacted provision · exact public law section
(b) Schedule of Penalties for Each Violation.— Section 309(a)(4)(C)(i)(II) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(4)(C)(i)(II)) is amended by inserting “, for violations of each qualified disclosure requirement,” before “under a schedule of penalties”.Pub. L. 113–72 § 2(c)(2) · 127 Stat. 1210
Redesignated · 52 U.S.C. § 30109(a)(4)(C)(iv)
Pub. L. 113–72, § 2(c)(2), added cl. (iv). Former cl. (iv) redesignated (v)
Source evidence
Code amendment note
Subsec. (a)(4)(C)(iv). Pub. L. 113–72, § 2(c)(2), added cl. (iv). Former cl. (iv) redesignated (v).Enacted provision · exact public law section
(2) by inserting after clause (iii) the following new clause: “(iv) In this subparagraph, the term ‘qualified disclosure requirement’ means any requirement of— “(I) subsections (a), (c), (e), (f), (g), or (i) of section 304; or “(II) section 305.” .Pub. L. 113–72 § 1 · 127 Stat. 1210
Substituted · 52 U.S.C. § 30109(a)(4)(C)(iv)
Pub. L. 113–72, § 1, substituted “December 31, 2018” for “December 31, 2013”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 113–72, § 1, substituted “December 31, 2018” for “December 31, 2013”.Enacted provision · exact public law section
SECTION 1. EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY OF FEDERAL ELECTION COMMISSION THROUGH 2018. Section 309(a)(4)(C)(iv) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(4)(C)(iv)) is amended by striking “December 31, 2013” and inserting “December 31, 2018”.Pub. L. 113–72 § 2(c)(1) · 127 Stat. 1210
Redesignated · 52 U.S.C. § 30109(a)(4)(C)(v)
Pub. L. 113–72, § 2(c)(1), redesignated cl. (iv) as (v)
Source evidence
Code amendment note
Subsec. (a)(4)(C)(v). Pub. L. 113–72, § 2(c)(1), redesignated cl. (iv) as (v).Enacted provision · exact public law section
(1) by redesignating clause (iv), as amended by section 1, as clause (v); andPub. L. 115–386 § 1(a) · 132 Stat. 5161
Substituted · 52 U.S.C. § 30109(a)(4)(C)(v)
Pub. L. 115–386 substituted “December 31, 2023” for “December 31, 2018”
Source evidence
Code amendment note
Subsec. (a)(4)(C)(v). Pub. L. 115–386 substituted “December 31, 2023” for “December 31, 2018”.Enacted provision · exact public law section
(a) Extension of Authority.— Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by striking “December 31, 2018” and inserting “December 31, 2023”.Effective date note
Pub. L. 115–386, § 1(b), Dec. 21, 2018, 132 Stat. 5161, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the earlier of—Pub. L. 118–26 § 1 · 137 Stat. 131
Substituted · 52 U.S.C. § 30109(a)(4)(C)(v)
Pub. L. 118–26 substituted “December 31, 2033” for “December 31, 2023”
Source evidence
Code amendment note
Subsec. (a)(4)(C)(v). Pub. L. 118–26 substituted “December 31, 2033” for “December 31, 2023”.Enacted provision · exact public law section
SECTION 1. EXTENSION OF ADMINISTRATIVE FINE PROGRAM. Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by striking “December 31, 2023” and inserting “December 31, 2033”.
21 of 21 references resolved to an enrolled provision
Editorial Notes
References in Text
This Act, referred to in subsecs. (a) and (d), means the Federal Election Campaign Act of 1971, as defined by section 30101 of this title.
Codification
Section was formerly classified to section 437g of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title.
Prior Provisions
A prior section 309 of Pub. L. 92–225 was renumbered section 306, and is classified to section 30106 of this title.
Another prior section 309 of Pub. L. 92–225 was renumbered section 308, and was classified to section 437b of Title 2, The Congress, prior to repeal by Pub. L. 96–187.
Another prior section 309 of Pub. L. 92–225 was renumbered section 312, and is classified to section 30113 of this title.
Amendments1976–2023 · 10 rounds
2023
Subsec. (a)(4)(C)(v). Pub. L. 118–26 substituted “” for “”.
2018
Subsec. (a)(4)(C)(v). Pub. L. 115–386 substituted “” for “”.
2013
Subsec. (a)(4)(C)(i). Pub. L. 113–72, § 2(a), substituted “a qualified disclosure requirement” for “any requirement of section 434(a) of this title” in introductory provisions.
Subsec. (a)(4)(C)(i)(II). Pub. L. 113–72, § 2(b), inserted “, for violations of each qualified disclosure requirement,” before “under a schedule of penalties”.
Subsec. (a)(4)(C)(iv). Pub. L. 113–72, § 2(c)(2), added cl. (iv). Former cl. (iv) redesignated (v).
Pub. L. 113–72, § 1, substituted “” for “”.
Subsec. (a)(4)(C)(v). Pub. L. 113–72, § 2(c)(1), redesignated cl. (iv) as (v).
2008
Subsec. (a)(4)(C)(iv). Pub. L. 110–433 added cl. (iv).
2002
Subsec. (a)(5)(B). Pub. L. 107–155, § 315(a)(1), inserted before period at end “(or, in the case of a violation of section 441f of this title, which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1,000 percent of the amount involved in the violation)”.
Subsec. (a)(6)(C). Pub. L. 107–155, § 315(a)(2), inserted before period at end “(or, in the case of a violation of section 441f of this title, which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1,000 percent of the amount involved in the violation)”.
Subsec. (d)(1)(A). Pub. L. 107–155, § 312(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Any person who knowingly and willfully commits a violation of any provision of this Act which involves the making, receiving, or reporting of any contribution or expenditure aggregating $2,000 or more during a calendar year shall be fined, or imprisoned for not more than one year, or both. The amount of this fine shall not exceed the greater of $25,000 or 300 percent of any contribution or expenditure involved in such violation.”
Subsec. (d)(1)(D). Pub. L. 107–155, § 315(b), added subpar. (D).
1999
Subsec. (a)(4)(A)(i). Pub. L. 106–58, § 640(a)(1), substituted “clauses (ii) and subparagraph (C)” for “clause (ii)”.
Subsec. (a)(4)(C). Pub. L. 106–58, § 640(a)(2), added subpar. (C).
Subsec. (a)(6)(A). Pub. L. 106–58, § 640(b), substituted “paragraph (4)” for “paragraph (4)(A)”.
1986
Subsecs. (a)(1), (2), (4)(A)(i), (B)(ii), (5)(A) to (C), (6), (d)(2), (3). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
1984
Subsec. (a)(10). Pub. L. 98–620 struck out par. (10) which provided that any action brought under subsec. (a) be advanced on the docket of the court in which filed and put ahead of all other actions (other than other actions brought under this subsec. or under section 437h of this title).
1980
Pub. L. 96–187, § 108, substantially revised provisions of this section in order to facilitate the Commission’s more expeditious handling of complaints, and implementation of enforcement proceedings.
1976
Subsec. (a). Pub. L. 94–283, § 109, generally revised provisions of subsec. (a) to reflect enactment of sections 441a to 441j of this title and repeal of sections 608 and 610 to 617 of title 18 and to update the operations of the Commission.
Subsecs. (b), (c). Pub. L. 94–283, § 109, reenacted subsec. (b) without change and added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–386, § 1(b), , 132 Stat. 5161, provided that:
“The amendment made by subsection (a) [amending this section] shall take effect on the earlier of—
“(1) ; or
“(2) the date of the enactment of this Act [].”
Effective Date of 2013 Amendment
Pub. L. 113–72, § 3, , 127 Stat. 1211, provided that:
“The amendments made by this Act [amending this section] shall take effect on the earlier of—
“(1) ; or
“(2) the date of the enactment of this Act [].”
Effective Date of 2008 Amendment
Pub. L. 110–433, § 1(c), , 122 Stat. 4971, provided that: “The amendments made by this section [amending this section and repealing provisions set out as a note below] shall take effect as if included in the enactment of the Treasury and General Government Appropriations Act, 2000 [Pub. L. 106–58].”
Effective Date of 2002 Amendment
Pub. L. 107–155, title III, § 312(b), , 116 Stat. 106, provided that: “The amendment made by this section [amending this section] shall apply to violations occurring on or after the effective date of this Act [for general effective date of Pub. L. 107–155, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of this title].”
Pub. L. 107–155, title III, § 315(c), , 116 Stat. 108, provided that: “The amendments made by this section [amending this section] shall apply with respect to violations occurring on or after the effective date of this Act [for general effective date of Pub. L. 107–155, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of this title].”
Effective Date of 1999 Amendment
Pub. L. 106–58, title VI, § 640(c), , 113 Stat. 477, as amended by Pub. L. 107–67, title VI, § 642, , 115 Stat. 555; Pub. L. 108–199, div. F, title VI, § 639, , 118 Stat. 359; Pub. L. 109–115, div. A, title VII, § 721, , 119 Stat. 2493, which provided that the amendments made by section 640 of Pub. L. 106–58, amending this section, were applicable to violations relating to reporting periods beginning on or after , and ending on or before , was repealed by Pub. L. 110–433, § 1(b), , 122 Stat. 4971.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–620 not applicable to cases pending on , see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–187 effective , see section 301(a) of Pub. L. 96–187, set out as a note under section 30101 of this title.
Effective Date
Section effective , see section 410(a) of Pub. L. 93–443, set out as an Effective Date of 1974 Amendment note under section 30101 of this title.
Credits
1974–2023 · 11 acts
- 1974Pub. L. 92–225, title III, § 309, formerly § 314, as added Pub. L. 93–443, title II, § 208(a), , 88 Stat. 1284
- 1976renumbered § 313 and amended Pub. L. 94–283, title I, §§ 105, 109, , 90 Stat. 481, 483
- 1980renumbered § 309 and amended Pub. L. 96–187, title I, §§ 105(4), 108, , 93 Stat. 1354, 1358
- 1984Pub. L. 98–620, title IV, § 402(1)(A), , 98 Stat. 3357
- 1986Pub. L. 99–514, § 2, , 100 Stat. 2095
- 1999Pub. L. 106–58, title VI, § 640(a), (b), , 113 Stat. 476, 477
- 2002Pub. L. 107–155, title III, §§ 312(a), 315(a), (b), , 116 Stat. 106, 108
- 2008Pub. L. 110–433, § 1(a), , 122 Stat. 4971
- 2013Pub. L. 113–72, §§ 1, 2, , 127 Stat. 1210
- 2018Pub. L. 115–386, § 1(a), , 132 Stat. 5161
- 2023Pub. L. 118–26, § 1, , 137 Stat. 131.
Show as published
(Pub. L. 92–225, title III, § 309, formerly § 314, as added Pub. L. 93–443, title II, § 208(a), , 88 Stat. 1284; renumbered § 313 and amended Pub. L. 94–283, title I, §§ 105, 109, , 90 Stat. 481, 483; renumbered § 309 and amended Pub. L. 96–187, title I, §§ 105(4), 108, , 93 Stat. 1354, 1358; Pub. L. 98–620, title IV, § 402(1)(A), , 98 Stat. 3357; Pub. L. 99–514, § 2, , 100 Stat. 2095; Pub. L. 106–58, title VI, § 640(a), (b), , 113 Stat. 476, 477; Pub. L. 107–155, title III, §§ 312(a), 315(a), (b), , 116 Stat. 106, 108; Pub. L. 110–433, § 1(a), , 122 Stat. 4971; Pub. L. 113–72, §§ 1, 2, , 127 Stat. 1210; Pub. L. 115–386, § 1(a), , 132 Stat. 5161; Pub. L. 118–26, § 1, , 137 Stat. 131.)