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.
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
HCON 361 RDS
House of Representatives shall make the following correc-
tions:
(1) Amend section 103(b) to read as follows:
(b) BUILDING FUND EXCEPTION TO THE DEFINI-
TION 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 re-
quirements of the Act for the purchase or construction of
an office building for such State or local committee.’’.
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(2) In section 304(f)(2)(E) of the Federal Elec-
tion 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 Nation-
ality 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:
‘‘(4) TIME OF FILING FOR EXPENDITURES AG-
GREGATING
$1,000.—Notwithstanding 
subsection
(a)(5), the time at which the statement under para-
graph (1) is received by the Commission or any
other recipient to whom the notification is required
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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 sub-
section (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 sen-
tence 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 pur-
poses of sections 315(i) and 315A and paragraph
(26), the term’’.
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(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
LIM-
ITS.—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 pro-
vided 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 sec-
tion 315(j) of Federal Election Campaign Act of
1971, as added by section 304(a)(2)), 305 (notwith-
standing subsection (c) of such section), 311, 316,
318, and 319, and title V (and the amendments
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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 re-
sulting from elections held prior to such date.
(b) SOFT MONEY OF NATIONAL POLITICAL PAR-
TIES.—
(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
PAR-
TIES.—
(A) IN
GENERAL.—Notwithstanding sec-
tion 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.
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(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 de-
scribed in subparagraph (A) prior to Janu-
ary 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 obli-
gations that were incurred solely in
connection with any runoff election,
recount, or election contest resulting
from an election held prior to Novem-
ber 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
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Act of 1971 (2 U.S.C. 431(9))) or for re-
tiring 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 para-
graph (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 pro-
mulgate 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 fol-
lowing:
(c) CHALLENGE BY MEMBERS OF CONGRESS.—Any
Member of Congress may bring an action, subject to the
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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 ac-
tion initially filed on or before December 31, 2006,
the provisions of subsection (a) shall apply with re-
spect to each action described in such section.
(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 per-
son filing such action elects such provisions to apply
to the action.
Passed the House of Representatives March 20,
2002.
Attest:
JEFF TRANDAHL,
Clerk.