IV

107TH CONGRESS

2D SESSION H. CON. RES. 361

Directing the Clerk of the House of Representatives to make corrections

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

IN THE HOUSE OF REPRESENTATIVES

MARCH 20, 2002

Mr. NEY submitted the following concurrent resolution; which was considered

and agreed to

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

5 House of Representatives shall make the following correc6 tions:

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

8 (b) BUILDING FUND EXCEPTION TO THE DEFINI9 TION OF CONTRIBUTION.—
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1 (1) IN GENERAL.—Section 301(8)(B) of the

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

3 431(8)(B)) is amended—

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

5 (B) by redesignating clauses (ix) through

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

7 (2) NONPREEMPTION OF STATE LAW.—Section

8 403 of such Act (2 U.S.C. 453) is amended—

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

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

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

12 and

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

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

15 PARTIES.—Notwithstanding any other provision of this

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

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

18 subject to the prohibitions, limitations, and reporting re19 quirements of the Act for the purchase or construction of

20 an office building for such State or local committee.’’.

21 (2) In section 304(f)(2)(E) of the Federal Elec22 tion Campaign Act of 1971 (as added by section

23 201(a) of the bill), strike ‘‘as defined in section

24 1101(a)(2) of the Immigration and Nationality Act

25 (8 U.S.C. 1101(a)(2))’’ and insert ‘‘(as defined in
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1 section 101(a)(20) of the Immigration and Nation2 ality Act (8 U.S.C. 1101(a)(20)))’’.

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

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

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

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

7 1101(a)(2))’’ and insert ‘‘(as defined in section

8 101(a)(20) of the Immigration and Nationality Act

9 (8 U.S.C. 1101(a)(20)))’’.

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

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

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

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

14 the end the following:

15 ‘‘(4) TIME OF FILING FOR EXPENDITURES AG16 GREGATING $1,000.—Notwithstanding subsection

17 (a)(5), the time at which the statement under para18 graph (1) is received by the Commission or any

19 other recipient to whom the notification is required

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

21 the statement with the recipient.’’.

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

23 304(a)(5) of such Act (2 U.S.C. 434(a)(5)) is

24 amended by striking ‘‘the second sentence of sub25 section (c)(2)’’ and inserting ‘‘subsection (g)(1)’’.
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1 (B) Section 304(d)(1) of such Act (2 U.S.C.

2 434(d)(1)) is amended by inserting ‘‘or (g)’’ after

3 ‘‘subsection (c)’’.

4 (5) In section 214(b), strike ‘‘the second sen5 tence of section 402(c)’’ and insert ‘‘section

6 402(c)(1)’’.

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

8 Campaign Act of 1971 (as amended by section 301

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

10 transfers’’.

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

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

13 insert ‘‘not’’ after ‘‘imprisoned’’.

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

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

16 of the bill), strike ‘‘The term’’ and insert ‘‘For pur17 poses of sections 315(i) and 315A and paragraph

18 (26), the term’’.

19 (9) Amend section 402 to read as follows:

20 SEC. 402. EFFECTIVE DATES AND REGULATIONS.

21 (a) GENERAL EFFECTIVE DATE.—

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

23 succeeding provisions of this section, the effective
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1 date of this Act, and the amendments made by this

2 Act, is November 6, 2002.

3 (2) MODIFICATION OF CONTRIBUTION LIM4 ITS.—The amendments made by—

5 (A) section 102 shall apply with respect to

6 contributions made on or after January 1,

7 2003; and

8 (B) section 307 shall take effect as pro9 vided in subsection (e) of such section.

10 (3) SEVERABILITY; EFFECTIVE DATES AND

11 REGULATIONS; JUDICIAL REVIEW.—Title IV shall

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

13 (4) PROVISIONS NOT TO APPLY TO RUNOFF

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

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

16 section 103(a), title II, sections 304 (including sec17 tion 315(j) of Federal Election Campaign Act of

18 1971, as added by section 304(a)(2)), 305 (notwith19 standing subsection (c) of such section), 311, 316,

20 318, and 319, and title V (and the amendments

21 made by such sections and titles) shall take effect on

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

23 to runoff elections, recounts, or election contests re24 sulting from elections held prior to such date.
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1 (b) SOFT MONEY OF NATIONAL POLITICAL PAR2 TIES.—

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

4 such section, section 323 of the Federal Election

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

6 shall take effect on November 6, 2002.

7 (2) TRANSITIONAL RULES FOR THE SPENDING

8 OF SOFT MONEY OF NATIONAL POLITICAL PAR9 TIES.—

10 (A) IN GENERAL.—Notwithstanding sec11 tion 323(a) of the Federal Election Campaign

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

13 national committee of a political party described

14 in such section (including any person who is

15 subject to such section under paragraph (2) of

16 such section), has received funds described in

17 such section prior to November 6, 2002, the

18 rules described in subparagraph (B) shall apply

19 with respect to the spending of the amount of

20 such funds in the possession of such committee

21 as of such date.

22 (B) USE OF EXCESS SOFT MONEY

23 FUNDS.—

24 (i) IN GENERAL.—Subject to clauses

25 (ii) and (iii), the national committee of a
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1 political party may use the amount de2 scribed in subparagraph (A) prior to Janu3 ary 1, 2003, solely for the purpose of—

4 (I) retiring outstanding debts or

5 obligations that were incurred solely

6 in connection with an election held

7 prior to November 6, 2002; or

8 (II) paying expenses or retiring

9 outstanding debts or paying for obli10 gations that were incurred solely in

11 connection with any runoff election,

12 recount, or election contest resulting

13 from an election held prior to Novem14 ber 6, 2002.

15 (ii) PROHIBITION ON USING SOFT

16 MONEY FOR HARD MONEY EXPENSES,

17 DEBTS, AND OBLIGATIONS.—A national

18 committee of a political party may not use

19 the amount described in subparagraph (A)

20 for any expenditure (as defined in section

21 301(9) of the Federal Election Campaign

22 Act of 1971 (2 U.S.C. 431(9))) or for re23 tiring outstanding debts or obligations that

24 were incurred for such an expenditure.
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1 (iii) PROHIBITION OF BUILDING FUND

2 USES.—A national committee of a political

3 party may not use the amount described in

4 subparagraph (A) for activities to defray

5 the costs of the construction or purchase of

6 any office building or facility.

7 (c) REGULATIONS.—

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the Federal Election Commission shall

10 promulgate regulations to carry out this Act and the

11 amendments made by this Act that are under the

12 Commission’s jurisdiction not later than 270 days

13 after the date of enactment of this Act.

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

15 later than 90 days after the date of enactment of

16 this Act, the Federal Election Commission shall pro17 mulgate regulations to carry out title I of this Act

18 and the amendments made by such title.

19 (10) Add at the end of section 403 the fol20 lowing:

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

22 Member of Congress may bring an action, subject to the

23 special rules described in subsection (a), for declaratory

24 or injunctive relief to challenge the constitutionality of any

25 provision of this Act or any amendment made by this Act.
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1 (d) APPLICABILITY.—

2 (1) INITIAL CLAIMS.—With respect to any ac3 tion initially filed on or before December 31, 2006,

4 the provisions of subsection (a) shall apply with re5 spect to each action described in such section.

6 (2) SUBSEQUENT ACTIONS.—With respect to

7 any action initially filed after December 31, 2006,

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

9 any action described in such section unless the per10 son filing such action elects such provisions to apply

11 to the action.

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