[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 361 Enrolled Bill (ENR)]

        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 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.
  Attest:

                                 Clerk of the House of Representatives.

  Attest:

                                               Secretary of the Senate.