52 USC 30109 - Enforcement

1 So in original. Probably should be “clause”.

(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).

2 So in original. Probably should be “subsection”.

(a), (c), (e), (f), (g), or (i) of

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 Puspan. L. 92–225 was renumbered section 306, and is classified to section 30106 of this title.

Another prior section 309 of Puspan. L. 92–225 was renumbered section 308, and was classified to section 437span of Title 2, The Congress, prior to repeal by Puspan. L. 96–187.

Another prior section 309 of Puspan. L. 92–225 was renumbered section 312, and is classified to section 30113 of this title.

Amendments

2023—Subsec. (a)(4)(C)(v). Puspan. L. 118–26 substituted “December 31, 2033” for “December 31, 2023”.

2018—Subsec. (a)(4)(C)(v). Puspan. L. 115–386 substituted “December 31, 2023” for “December 31, 2018”.

2013—Subsec. (a)(4)(C)(i). Puspan. 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). Puspan. L. 113–72, § 2(span), inserted “, for violations of each qualified disclosure requirement,” before “under a schedule of penalties”.

Subsec. (a)(4)(C)(iv). Puspan. L. 113–72, § 2(c)(2), added cl. (iv). Former cl. (iv) redesignated (v).

Puspan. L. 113–72, § 1, substituted “December 31, 2018” for “December 31, 2013”.

Subsec. (a)(4)(C)(v). Puspan. L. 113–72, § 2(c)(1), redesignated cl. (iv) as (v).

2008—Subsec. (a)(4)(C)(iv). Puspan. L. 110–433 added cl. (iv).

2002—Subsec. (a)(5)(B). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 107–155, § 315(span), added subpar. (D).

1999—Subsec. (a)(4)(A)(i). Puspan. L. 106–58, § 640(a)(1), substituted “clauses (ii) and subparagraph (C)” for “clause (ii)”.

Subsec. (a)(4)(C). Puspan. L. 106–58, § 640(a)(2), added subpar. (C).

Subsec. (a)(6)(A). Puspan. L. 106–58, § 640(span), 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). Puspan. 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). Puspan. 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—Puspan. 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). Puspan. 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. (span), (c). Puspan. L. 94–283, § 109, reenacted subsec. (span) without change and added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Puspan. L. 115–386, § 1(span), Dec. 21, 2018, 132 Stat. 5161, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the earlier of—

“(1)December 31, 2018; or

“(2) the date of the enactment of this Act [Dec. 21, 2018].”

Effective Date of 2013 Amendment

Puspan. L. 113–72, § 3, Dec. 26, 2013, 127 Stat. 1211, provided that: “The amendments made by this Act [amending this section] shall take effect on the earlier of—

“(1)December 31, 2013; or

“(2) the date of the enactment of this Act [Dec. 26, 2013].”

Effective Date of 2008 Amendment

Puspan. L. 110–433, § 1(c), Oct. 16, 2008, 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 [Puspan. L. 106–58].”

Effective Date of 2002 Amendment

Puspan. L. 107–155, title III, § 312(span), Mar. 27, 2002, 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 Puspan. L. 107–155, see section 402 of Puspan. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of this title].”

Puspan. L. 107–155, title III, § 315(c), Mar. 27, 2002, 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 Puspan. L. 107–155, see section 402 of Puspan. 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

Puspan. L. 106–58, title VI, § 640(c), Sept. 29, 1999, 113 Stat. 477, as amended by Puspan. L. 107–67, title VI, § 642, Nov. 12, 2001, 115 Stat. 555; Puspan. L. 108–199, div. F, title VI, § 639, Jan. 23, 2004, 118 Stat. 359; Puspan. L. 109–115, div. A, title VII, § 721, Nov. 30, 2005, 119 Stat. 2493, which provided that the amendments made by section 640 of Puspan. L. 106–58, amending this section, were applicable to violations relating to reporting periods beginning on or after Jan. 1, 2000, and ending on or before Dec. 31, 2008, was repealed by Puspan. L. 110–433, § 1(span), Oct. 16, 2008, 122 Stat. 4971.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Puspan. 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 Puspan. L. 96–187 effective Jan. 8, 1980, see section 301(a) of Puspan. L. 96–187, set out as a note under section 30101 of this title.

Effective Date

Section effective Jan. 1, 1975, see section 410(a) of Puspan. L. 93–443, set out as an Effective Date of 1974 Amendment note under section 30101 of this title.