[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 361 Agreed to House (ATH)]







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.

    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:
            ``(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.--
                    (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.
            (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.
                                 <all>