Page:United States Statutes at Large Volume 93.djvu/1394

 93 STAT. 1362

Ante, p. 1354.

Ante, p. 1354. Ante, p. 1354.

26 USC 9001 et seq., 9031 et seq.

PUBLIC LAW 96-187—JAN. 8, 1980

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 31603)(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 31603)(3) may incorporate a 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 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.". ADMINISTRATIVE PROVISIONS

Ante, p. 1354.

SEC. 109. Section 311 of the Act, as so redesignated in section 105(a)(4), is amended to read as follows: ADMINISTRATIVE PROVISIONS

2 USC 438.

Public inspection and copying of Commission reports and statements.

"SEC. 311. (a) The Commission shall— "(1) prescribe forms necessary to implement this Act; "(2) prepare, publish, and furnish to all persons required to file reports and statements under this Act a manual recommending uniform methods of bookkeeping and reporting; "(3) develop a filing, coding, and cross-indexing system consistent with the purposes of this Act; "(4) within 48 hours after the time of the receipt by the Commission of reports and statements filed with it, make them available for public inspection, and copying, at the expense of the

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