[Congressional Record Volume 148, Number 33 (Wednesday, March 20, 2002)]
[House]
[Pages H1073-H1074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  DIRECTING THE CLERK TO MAKE CORRECTIONS IN ENROLLMENT OF H.R. 2356, 
                 BIPARTISAN CAMPAIGN REFORM ACT OF 2001

  Mr. NEY. Mr. Speaker, I offer a concurrent resolution (H. Con. Res. 
361) and ask unanimous consent for its immediate consideration.
  The Clerk will report the concurrent resolution.
  The Clerk read as follows:

                            H. Con. Res. 361

       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)''.

[[Page H1074]]

       (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.

  Mr. HOYER. Mr. Speaker, further reserving the right to object
  Mr. Speaker, it has been a long and difficult road to campaign 
finance reform. But it has been a road well worth taking.
  With the adoption of this package of technical amendments, the 
legislative branch will have worked the people's will and taken an 
important step forward in taming the influence of special interests.
  I commend the other body for moving expeditiously on Shays-Meehan.
  I urge the President to sign immediately this landmark legislation.
  The technical amendments before us, with the exception of one, are 
just that: Technical. They simply correct minor drafting errors and 
clarify provisions of Shays-Meehan that this House overwhelmingly 
passed on February 13.
  These amendments will help ensure that this historic reform 
legislation achieves its central purpose: Banning unregulated soft 
money donations to the National parties.
  The foes of Shays-Meehan have lost the battle in Congress. But they 
are determined to continue the battle on a new battleground, the 
Judiciary, and they are apparently determined to do whatever it takes 
to become lead plaintiff.
  Under our system of laws, that is their right.
  To help them gain standing, one amendment before us authorizes any 
member of Congress to challenge this legislation. Supporters of Shays-
Meehan are confident the legislation will withstand Constitutional 
challenge, just as it withstood legislative challenge.
  Mr. Speaker, it is time for Shays-Meehan to be sent to the White 
House.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?
  There was no objection.
  The concurrent resolution was agreed to.
  A motion to reconsider was laid on the table.

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