III

107TH CONGRESS

2D SESSION H. CON. RES. 361

IN THE SENATE OF THE UNITED STATES

MARCH 21, 2002

Received

CONCURRENT RESOLUTION

Directing the Clerk of the House of Representatives to make

corrections in the enrollment of the bill H.R. 2356.

1 Resolved by the House of Representatives (the Senate

2 concurring), That in the enrollment of the bill (H.R. 2356)

3 to amend the Federal Election Campaign Act of 1971 to

4 provide bipartisan campaign reform, the Clerk of the
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1 House of Representatives shall make the following correc2 tions:

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

4 (b) BUILDING FUND EXCEPTION TO THE DEFINI5 TION OF CONTRIBUTION.—

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

7 Federal Election Campaign Act of 1971 (2 U.S.C.

8 431(8)(B)) is amended—

9 (A) by striking clause (viii); and

10 (B) by redesignating clauses (ix) through

11 (xv) as clauses (viii) through (xiv), respectively.

12 (2) NONPREEMPTION OF STATE LAW.—Section

13 403 of such Act (2 U.S.C. 453) is amended—

14 (A) by striking ‘‘The provisions of this

15 Act’’ and inserting ‘‘(a) IN GENERAL.—Subject

16 to subsection (b), the provisions of this Act’’;

17 and

18 (B) by adding at the end the following:

19 ‘‘(b) STATE AND LOCAL COMMITTEES OF POLITICAL

20 PARTIES.—Notwithstanding any other provision of this

21 Act, a State or local committee of a political party may,

22 subject to State law, use exclusively funds that are not

23 subject to the prohibitions, limitations, and reporting re24 quirements of the Act for the purchase or construction of

25 an office building for such State or local committee.’’.
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1 (2) In section 304(f)(2)(E) of the Federal Elec2 tion Campaign Act of 1971 (as added by section

3 201(a) of the bill), strike ‘‘as defined in section

4 1101(a)(2) of the Immigration and Nationality Act

5 (8 U.S.C. 1101(a)(2))’’ and insert ‘‘(as defined in

6 section 101(a)(20) of the Immigration and Nation7 ality Act (8 U.S.C. 1101(a)(20)))’’.

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

9 Campaign Act of 1971 (as added by section 203(b)

10 of the bill), strike ‘‘as defined in section 1101(a)(2)

11 of the Immigration and Nationality Act (8 U.S.C.

12 1101(a)(2))’’ and insert ‘‘(as defined in section

13 101(a)(20) of the Immigration and Nationality Act

14 (8 U.S.C. 1101(a)(20)))’’.

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

16 (b) TIME OF FILING OF CERTAIN STATEMENTS.—

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

18 as added by subsection (a), is amended by adding at

19 the end the following:

20 ‘‘(4) TIME OF FILING FOR EXPENDITURES AG21 GREGATING $1,000.—Notwithstanding subsection

22 (a)(5), the time at which the statement under para23 graph (1) is received by the Commission or any

24 other recipient to whom the notification is required
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1 to be sent shall be considered the time of filing of

2 the statement with the recipient.’’.

3 (2) CONFORMING AMENDMENTS.—(A) Section

4 304(a)(5) of such Act (2 U.S.C. 434(a)(5)) is

5 amended by striking ‘‘the second sentence of sub6 section (c)(2)’’ and inserting ‘‘subsection (g)(1)’’.

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

8 434(d)(1)) is amended by inserting ‘‘or (g)’’ after

9 ‘‘subsection (c)’’.

10 (5) In section 214(b), strike ‘‘the second sen11 tence of section 402(c)’’ and insert ‘‘section

12 402(c)(1)’’.

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

14 Campaign Act of 1971 (as amended by section 301

15 of the bill), insert ‘‘, without limitation,’’ after ‘‘for

16 transfers’’.

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

18 States Code (as amended by section 302 of the bill),

19 insert ‘‘not’’ after ‘‘imprisoned’’.

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

21 Campaign Act of 1971 (as added by section 304(c)

22 of the bill), strike ‘‘The term’’ and insert ‘‘For pur23 poses of sections 315(i) and 315A and paragraph

24 (26), the term’’.
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1 (9) Amend section 402 to read as follows:

2 SEC. 402. EFFECTIVE DATES AND REGULATIONS.

3 (a) GENERAL EFFECTIVE DATE.—

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

5 succeeding provisions of this section, the effective

6 date of this Act, and the amendments made by this

7 Act, is November 6, 2002.

8 (2) MODIFICATION OF CONTRIBUTION LIM9 ITS.—The amendments made by—

10 (A) section 102 shall apply with respect to

11 contributions made on or after January 1,

12 2003; and

13 (B) section 307 shall take effect as pro14 vided in subsection (e) of such section.

15 (3) SEVERABILITY; EFFECTIVE DATES AND

16 REGULATIONS; JUDICIAL REVIEW.—Title IV shall

17 take effect on the date of enactment of this Act.

18 (4) PROVISIONS NOT TO APPLY TO RUNOFF

19 ELECTIONS.—Section 323(b) of the Federal Election

20 Campaign Act of 1971 (as added by section 101(a)),

21 section 103(a), title II, sections 304 (including sec22 tion 315(j) of Federal Election Campaign Act of

23 1971, as added by section 304(a)(2)), 305 (notwith24 standing subsection (c) of such section), 311, 316,

25 318, and 319, and title V (and the amendments
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1 made by such sections and titles) shall take effect on

2 November 6, 2002, but shall not apply with respect

3 to runoff elections, recounts, or election contests re4 sulting from elections held prior to such date.

5 (b) SOFT MONEY OF NATIONAL POLITICAL PAR6 TIES.—

7 (1) IN GENERAL.—Except for subsection (b) of

8 such section, section 323 of the Federal Election

9 Campaign Act of 1971 (as added by section 101(a))

10 shall take effect on November 6, 2002.

11 (2) TRANSITIONAL RULES FOR THE SPENDING

12 OF SOFT MONEY OF NATIONAL POLITICAL PAR13 TIES.—

14 (A) IN GENERAL.—Notwithstanding sec15 tion 323(a) of the Federal Election Campaign

16 Act of 1971 (as added by section 101(a)), if a

17 national committee of a political party described

18 in such section (including any person who is

19 subject to such section under paragraph (2) of

20 such section), has received funds described in

21 such section prior to November 6, 2002, the

22 rules described in subparagraph (B) shall apply

23 with respect to the spending of the amount of

24 such funds in the possession of such committee

25 as of such date.
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1 (B) USE OF EXCESS SOFT MONEY

2 FUNDS.—

3 (i) IN GENERAL.—Subject to clauses

4 (ii) and (iii), the national committee of a

5 political party may use the amount de6 scribed in subparagraph (A) prior to Janu7 ary 1, 2003, solely for the purpose of—

8 (I) retiring outstanding debts or

9 obligations that were incurred solely

10 in connection with an election held

11 prior to November 6, 2002; or

12 (II) paying expenses or retiring

13 outstanding debts or paying for obli14 gations that were incurred solely in

15 connection with any runoff election,

16 recount, or election contest resulting

17 from an election held prior to Novem18 ber 6, 2002.

19 (ii) PROHIBITION ON USING SOFT

20 MONEY FOR HARD MONEY EXPENSES,

21 DEBTS, AND OBLIGATIONS.—A national

22 committee of a political party may not use

23 the amount described in subparagraph (A)

24 for any expenditure (as defined in section

25 301(9) of the Federal Election Campaign
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1 Act of 1971 (2 U.S.C. 431(9))) or for re2 tiring outstanding debts or obligations that

3 were incurred for such an expenditure.

4 (iii) PROHIBITION OF BUILDING FUND

5 USES.—A national committee of a political

6 party may not use the amount described in

7 subparagraph (A) for activities to defray

8 the costs of the construction or purchase of

9 any office building or facility.

10 (c) REGULATIONS.—

11 (1) IN GENERAL.—Except as provided in para12 graph (2), the Federal Election Commission shall

13 promulgate regulations to carry out this Act and the

14 amendments made by this Act that are under the

15 Commission’s jurisdiction not later than 270 days

16 after the date of enactment of this Act.

17 (2) SOFT MONEY OF POLITICAL PARTIES.—Not

18 later than 90 days after the date of enactment of

19 this Act, the Federal Election Commission shall pro20 mulgate regulations to carry out title I of this Act

21 and the amendments made by such title.

22 (10) Add at the end of section 403 the fol23 lowing:

24 (c) CHALLENGE BY MEMBERS OF CONGRESS.—Any

25 Member of Congress may bring an action, subject to the
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1 special rules described in subsection (a), for declaratory

2 or injunctive relief to challenge the constitutionality of any

3 provision of this Act or any amendment made by this Act.

4 (d) APPLICABILITY.—

5 (1) INITIAL CLAIMS.—With respect to any ac6 tion initially filed on or before December 31, 2006,

7 the provisions of subsection (a) shall apply with re8 spect to each action described in such section.

9 (2) SUBSEQUENT ACTIONS.—With respect to

10 any action initially filed after December 31, 2006,

11 the provisions of subsection (a) shall not apply to

12 any action described in such section unless the per13 son filing such action elects such provisions to apply

14 to the action.

Passed the House of Representatives March 20,

2002.

Attest: JEFF TRANDAHL,

Clerk.