Page:United States Statutes at Large Volume 116 Part 1.djvu/134

 116 STAT. 108 PUBLIC LAW 107-155—MAR. 27, 2002 SEC. 315. INCREASE IN PENALTIES IMPOSED FOR VIOLATIONS OF CON- DUIT CONTRIBUTION BAN. (a) INCREASE IN CIVIL MONEY PENALTY FOR KNOWING AND WILLFUL VIOLATIONS. — Section 309(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)) is amended— (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)"; and (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)". (b) INCREASE IN CRIMINAL PENALTY.—Section 309(d)(1) of such Act (2 U.S.C. 437g(d)(l)) 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).". 2 USC 437g note. (c) EFFECTIVE DATE. —The amendments made by this section shall apply with respect to violations occurring on or after the effective date of this Act. SEC. 316. RESTRICTION ON INCREASED CONTRIBUTION LIMITS BY TAKING INTO ACCOUNT CANDIDATE'S AVAILABLE FUNDS. Section 315(i)(l) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(i)(l)), as added by this Act, is amended by adding at the end the following: "(E) SPECIAL RULE FOR CANDIDATE'S CAMPAIGN FUNDS.— " (i) IN GENERAL. —For purposes of determining the aggregate amount of expenditures from personal funds under subparagraph (D)(ii), such amount shall include the gross receipts advantage of the candidate's authorized committee. "(ii) GROSS RECEIPTS ADVANTAGE. — For purposes of clause (i), the term 'gross receipts advantage' means the excess, if any, of— "(I) the aggregate amount of 50 percent of gross receipts of a candidate's authorized committee during any election cycle (not including contributions from personal funds of the candidate)

�