H. Con. Res. 361 Agreed to March 22, 2002

One Hundred Seventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the twenty-third day of January, two thousand and two

Concurrent Resolution

Resolved by the House of Representatives (the Senate concurring), That in the enrollment of the bill (H.R. 2356) to amend

the Federal Election Campaign Act of 1971 to provide bipartisan

campaign reform, the Clerk of the House of Representatives shall

make the following corrections:

(1) Amend section 103(b) to read as follows:

(b) BUILDING FUND EXCEPTION TO THE DEFINITION OF CONTRIBUTION.—

(1) IN GENERAL.—Section 301(8)(B) of the Federal Election

Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended—

(A) by striking clause (viii); and

(B) by redesignating clauses (ix) through (xv) as clauses

(viii) through (xiv), respectively.

(2) NONPREEMPTION OF STATE LAW.—Section 403 of such

Act (2 U.S.C. 453) is amended—

(A) by striking ‘‘The provisions of this Act’’ and

inserting ‘‘(a) IN GENERAL.—Subject to subsection (b), the

provisions of this Act’’; and

(B) by adding at the end the following:

‘‘(b) STATE AND LOCAL COMMITTEES OF POLITICAL PARTIES.—

Notwithstanding any other provision of this Act, a State or local

committee of a political party may, subject to State law, use exclusively funds that are not subject to the prohibitions, limitations,

and reporting requirements of the Act for the purchase or construction of an office building for such State or local committee.’’.

(2) In section 304(f)(2)(E) of the Federal Election Campaign

Act of 1971 (as added by section 201(a) of the bill), strike

‘‘as defined in section 1101(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(2))’’ and insert ‘‘(as defined in section

101(a)(20) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(20)))’’.

(3) In section 316(c)(2) of the Federal Election Campaign

Act of 1971 (as added by section 203(b) of the bill), strike

‘‘as defined in section 1101(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(2))’’ and insert ‘‘(as defined in section

101(a)(20) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(20)))’’.

(4) Amend section 212(b) to read as follows:

(b) TIME OF FILING OF CERTAIN STATEMENTS.—

(1) IN GENERAL.—Section 304(g) of such Act, as added

by subsection (a), is amended by adding at the end the following:
H. Con. Res. 361—2

‘‘(4) TIME OF FILING FOR EXPENDITURES AGGREGATING

$1,000.—Notwithstanding subsection (a)(5), the time at which

the statement under paragraph (1) is received by the Commission or any other recipient to whom the notification is required

to be sent shall be considered the time of filing of the statement

with the recipient.’’.

(2) CONFORMING AMENDMENTS.—(A) Section 304(a)(5) of

such Act (2 U.S.C. 434(a)(5)) is amended by striking ‘‘the second

sentence of subsection (c)(2)’’ and inserting ‘‘subsection (g)(1)’’.

(B) Section 304(d)(1) of such Act (2 U.S.C. 434(d)(1)) is

amended by inserting ‘‘or (g)’’ after ‘‘subsection (c)’’.

(5) In section 214(b), strike ‘‘the second sentence of section

402(c)’’ and insert ‘‘section 402(c)(1)’’.

(6) In section 313(a)(4) of the Federal Election Campaign

Act of 1971 (as amended by section 301 of the bill), insert

‘‘, without limitation,’’ after ‘‘for transfers’’.

(7) In section 607(a)(2) of title 18, United States Code

(as amended by section 302 of the bill), insert ‘‘not’’ after

‘‘imprisoned’’.

(8) In section 301(25) of the Federal Election Campaign

Act of 1971 (as added by section 304(c) of the bill), strike

‘‘The term’’ and insert ‘‘For purposes of sections 315(i) and

315A and paragraph (26), the term’’.

(9) Amend section 402 to read as follows:

SEC. 402. EFFECTIVE DATES AND REGULATIONS.

(a) GENERAL EFFECTIVE DATE.—

(1) IN GENERAL.—Except as provided in the succeeding

provisions of this section, the effective date of this Act, and

the amendments made by this Act, is November 6, 2002.

(2) MODIFICATION OF CONTRIBUTION LIMITS.—The amendments made by—

(A) section 102 shall apply with respect to contributions

made on or after January 1, 2003; and

(B) section 307 shall take effect as provided in subsection (e) of such section.

(3) SEVERABILITY; EFFECTIVE DATES AND REGULATIONS;

JUDICIAL REVIEW.—Title IV shall take effect on the date of

enactment of this Act.

(4) PROVISIONS NOT TO APPLY TO RUNOFF ELECTIONS.—

Section 323(b) of the Federal Election Campaign Act of 1971

(as added by section 101(a)), section 103(a), title II, sections

304 (including section 315(j) of Federal Election Campaign Act

of 1971, as added by section 304(a)(2)), 305 (notwithstanding

subsection (c) of such section), 311, 316, 318, and 319, and

title V (and the amendments made by such sections and titles)

shall take effect on November 6, 2002, but shall not apply

with respect to runoff elections, recounts, or election contests

resulting from elections held prior to such date.

(b) SOFT MONEY OF NATIONAL POLITICAL PARTIES.—

(1) IN GENERAL.—Except for subsection (b) of such section,

section 323 of the Federal Election Campaign Act of 1971

(as added by section 101(a)) shall take effect on November

6, 2002.

(2) TRANSITIONAL RULES FOR THE SPENDING OF SOFT MONEY

OF NATIONAL POLITICAL PARTIES.—
H. Con. Res. 361—3

(A) IN GENERAL.—Notwithstanding section 323(a) of

the Federal Election Campaign Act of 1971 (as added by

section 101(a)), if a national committee of a political party

described in such section (including any person who is

subject to such section under paragraph (2) of such section),

has received funds described in such section prior to

November 6, 2002, the rules described in subparagraph

(B) shall apply with respect to the spending of the amount

of such funds in the possession of such committee as of

such date.

(B) USE OF EXCESS SOFT MONEY FUNDS.—

(i) IN GENERAL.—Subject to clauses (ii) and (iii),

the national committee of a political party may use

the amount described in subparagraph (A) prior to

January 1, 2003, solely for the purpose of—

(I) retiring outstanding debts or obligations

that were incurred solely in connection with an

election held prior to November 6, 2002; or

(II) paying expenses or retiring outstanding

debts or paying for obligations that were incurred

solely in connection with any runoff election,

recount, or election contest resulting from an election held prior to November 6, 2002.

(ii) PROHIBITION ON USING SOFT MONEY FOR HARD

MONEY EXPENSES, DEBTS, AND OBLIGATIONS.—A

national committee of a political party may not use

the amount described in subparagraph (A) for any

expenditure (as defined in section 301(9) of the Federal

Election Campaign Act of 1971 (2 U.S.C. 431(9))) or

for retiring outstanding debts or obligations that were

incurred for such an expenditure.

(iii) PROHIBITION OF BUILDING FUND USES.—A

national committee of a political party may not use

the amount described in subparagraph (A) for activities

to defray the costs of the construction or purchase

of any office building or facility.

(c) REGULATIONS.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

Federal Election Commission shall promulgate regulations to

carry out this Act and the amendments made by this Act

that are under the Commission’s jurisdiction not later than

270 days after the date of enactment of this Act.

(2) SOFT MONEY OF POLITICAL PARTIES.—Not later than

90 days after the date of enactment of this Act, the Federal

Election Commission shall promulgate regulations to carry out

title I of this Act and the amendments made by such title.

(10) Add at the end of section 403 the following:

(c) CHALLENGE BY MEMBERS OF CONGRESS.—Any Member of

Congress may bring an action, subject to the special rules described

in subsection (a), for declaratory or injunctive relief to challenge

the constitutionality of any provision of this Act or any amendment

made by this Act.

(d) APPLICABILITY.— (1) INITIAL CLAIMS.—With respect to any action initially

filed on or before December 31, 2006, the provisions of subsection (a) shall apply with respect to each action described

in such section.
H. Con. Res. 361—4

(2) SUBSEQUENT ACTIONS.—With respect to any action initially filed after December 31, 2006, the provisions of subsection

(a) shall not apply to any action described in such section

unless the person filing such action elects such provisions to

apply to the action.

Attest:

Clerk of the House of Representatives.

Attest:

Secretary of the Senate.