[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 361 Received in Senate (RDS)]
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
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.
Passed the House of Representatives March 20, 2002.
Attest:
JEFF TRANDAHL,
Clerk.