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 concur-
ring), 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 CON-
TRIBUTION.—
(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 exclu-
sively funds that are not subject to the prohibitions, limitations,
and reporting requirements of the Act for the purchase or construc-
tion 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 Nation-
ality 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 Nation-
ality 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 fol-
lowing:
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 Commis-
sion 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 amend-
ments 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 sub-
section (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 elec-
tion 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 sub-
section (a) shall apply with respect to each action described
in such section.