II

104TH CONGRESS

1ST SESSION H. J. RES. 115

IN THE SENATE OF THE UNITED STATES

NOVEMBER 9, 1995

Received

JOINT RESOLUTION

Making further continuing appropriations for the fiscal year

1996, and for other purposes.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That the following sums are hereby appropriated, out of

4 any money in the Treasury not otherwise appropriated,

5 and out of applicable corporate or other revenues, receipts,

6 and funds, for the several departments, agencies, corpora7 tions, and other organizational units of Government for

8 the fiscal year 1996, and for other purposes, namely:

9 TITLE I

10 CONTINUING APPROPRIATIONS

11 SEC. 101. (a) Such amounts as may be necessary

12 under the authority and conditions provided in the appli13 cable appropriations Act for the fiscal year 1995 for con-
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1 tinuing projects or activities including the costs of direct

2 loans and loan guarantees (not otherwise specifically pro3 vided for in this joint resolution) which were conducted

4 in the fiscal year 1995 and for which appropriations,

5 funds, or other authority would be available in the follow6 ing appropriations Acts:

7 The Departments of Commerce, Justice, and

8 State, the Judiciary, and Related Agencies Appro9 priations Act, 1996, notwithstanding section 15 of

10 the State Department Basic Authorities Act of

11 1956, section 701 of the United States Information

12 and Educational Exchange Act of 1948, and section

13 53 of the Arms Control and Disarmament Act;

14 The Department of Defense Appropriations

15 Act, 1996, notwithstanding section 504(a)(1) of the

16 National Security Act of 1947;

17 The District of Columbia Appropriations Act,

18 1996;

19 The Energy and Water Development Appro20 priations Act, 1996;

21 The Foreign Operations, Export Financing, and

22 Related Programs Appropriations Act, 1996, not23 withstanding section 10 of Public Law 91–672 and

24 section 15(a) of the State Department Basic Au25 thorities Act of 1956;
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1 The Department of the Interior and Related

2 Agencies Appropriations Act, 1996;

3 The Departments of Labor, Health and Human

4 Services, and Education, and Related Agencies Ap5 propriations Act, 1996;

6 The Legislative Branch Appropriations Act,

7 1996, H.R. 2492;

8 The Department of Transportation Appropria9 tions Act, 1996;

10 The Treasury, Postal Service, and General Gov11 ernment Appropriations Act, 1996;

12 The Departments of Veterans Affairs and

13 Housing and Urban Development, and Independent

14 Agencies Appropriations Act, 1996:

15 Provided, That whenever the amount which would be made

16 available or the authority which would be granted in these

17 Acts is greater than that which would be available or

18 granted under current operations, the pertinent project or

19 activity shall be continued at a rate for operations not ex20 ceeding the current rate.

21 (b) Whenever the amount which would be made avail22 able or the authority which would be granted under an

23 Act listed in this section as passed by the House as of

24 the date of enactment of this joint resolution, is different

25 from that which would be available or granted under such
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1 Act as passed by the Senate as of the date of enactment

2 of this joint resolution, the pertinent project or activity

3 shall be continued at a rate for operations not exceeding

4 the current rate or the rate permitted by the action of

5 the House or the Senate, whichever is lower, under the

6 authority and conditions provided in the applicable appro7 priations Act for the fiscal year 1995: Provided, That

8 where an item is not included in either version or where

9 an item is included in only one version of the Act as passed

10 by both Houses as of the date of enactment of this joint

11 resolution, the pertinent project or activity shall not be

12 continued except as provided for in section 111 or 112

13 under the appropriation, fund, or authority granted by the

14 applicable appropriations Act for the fiscal year 1995 and

15 under the authority and conditions provided in the appli16 cable appropriations Act for the fiscal year 1995.

17 (c) Whenever an Act listed in this section has been

18 passed by only the House or only the Senate as of the

19 date of enactment of this joint resolution, the pertinent

20 project or activity shall be continued under the appropria21 tion, fund, or authority granted by the one House at a

22 rate for operations not exceeding the current rate or the

23 rate permitted by the action of the one House, whichever

24 is lower, and under the authority and conditions provided

25 in the applicable appropriations Act for the fiscal year
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1 1995: Provided, That where an item is funded in the appli2 cable appropriations Act for the fiscal year 1995 and not

3 included in the version passed by the one House as of the

4 date of enactment of this joint resolution, the pertinent

5 project or activity shall not be continued except as pro6 vided for in section 111 or 112 under the appropriation,

7 fund, or authority granted by the applicable appropria8 tions Act for the fiscal year 1995 and under the authority

9 and conditions provided in the applicable appropriations

10 Act for the fiscal year 1995.

11 SEC. 102. No appropriation or funds made available

12 or authority granted pursuant to section 101 for the De13 partment of Defense shall be used for new production of

14 items not funded for production in fiscal year 1995 or

15 prior years, for the increase in production rates above

16 those sustained with fiscal year 1995 funds, or to initiate,

17 resume, or continue any project, activity, operation, or or18 ganization which are defined as any project, subproject,

19 activity, budget activity, program element, and

20 subprogram within a program element and for investment

21 items are further defined as a P–1 line item in a budget

22 activity within an appropriation account and an R–1 line

23 item which includes a program element and subprogram

24 element within an appropriation account, for which appro25 priations, funds, or other authority were not available dur-
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1 ing the fiscal year 1995: Provided, That no appropriation

2 or funds made available or authority granted pursuant to

3 section 101 for the Department of Defense shall be used

4 to initiate multi-year procurements utilizing advance pro5 curement funding for economic order quantity procure6 ment unless specifically appropriated later.

7 SEC. 103. Appropriations made by section 101 shall

8 be available to the extent and in the manner which would

9 be provided by the pertinent appropriations Act.

10 SEC. 104. No appropriation or funds made available

11 or authority granted pursuant to section 101 shall be used

12 to initiate or resume any project or activity for which ap13 propriations, funds, or other authority were not available

14 during the fiscal year 1995.

15 SEC. 105. No provision which is included in an appro16 priations Act enumerated in section 101 but which was

17 not included in the applicable appropriations Act for fiscal

18 year 1995 and which by its terms is applicable to more

19 than one appropriation, fund, or authority shall be appli20 cable to any appropriation, fund, or authority provided in

21 this joint resolution.

22 SEC. 106. Unless otherwise provided for in this joint

23 resolution or in the applicable appropriations Act, appro24 priations and funds made available and authority granted

25 pursuant to this joint resolution shall be available until
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1 (a) enactment into law of an appropriation for any project

2 or activity provided for in this joint resolution, or (b) the

3 enactment into law of the applicable appropriations Act

4 by both Houses without any provision for such project or

5 activity, or (c) December 1, 1995, whichever first occurs.

6 SEC. 107. Appropriations made and authority grant7 ed pursuant to this joint resolution shall cover all obliga8 tions or expenditures incurred for any program, project,

9 or activity during the period for which funds or authority

10 for such project or activity are available under this joint

11 resolution.

12 SEC. 108. Expenditures made pursuant to this joint

13 resolution shall be charged to the applicable appropriation,

14 fund, or authorization whenever a bill in which such appli15 cable appropriation, fund, or authorization is contained is

16 enacted into law.

17 SEC. 109. No provision in the appropriations Act for

18 the fiscal year 1996 referred to in section 101 of this joint

19 resolution that makes the availability of any appropriation

20 provided therein dependent upon the enactment of addi21 tional authorizing or other legislation shall be effective be22 fore the date set forth in section 106(c) of this joint reso23 lution.

24 SEC. 110. Appropriations and funds made available

25 by or authority granted pursuant to this joint resolution
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1 may be used without regard to the time limitations for

2 submission and approval of apportionments set forth in

3 section 1513 of title 31, United States Code, but nothing

4 herein shall be construed to waive any other provision of

5 law governing the apportionment of funds.

6 SEC. 111. Notwithstanding any other provision of

7 this joint resolution, except section 106, whenever an Act

8 listed in section 101 as passed by both the House and

9 Senate as of the date of enactment of this joint resolution,

10 does not include funding for an ongoing project or activity

11 for which there is a budget request, or whenever an Act

12 listed in section 101 has been passed by only the House

13 or only the Senate as of the date of enactment of this

14 joint resolution, and an item funded in fiscal year 1995

15 is not included in the version passed by the one House,

16 or whenever the rate for operations for an ongoing project

17 or activity provided by section 101 for which there is a

18 budget request would result in the project or activity being

19 significantly reduced, the pertinent project or activity may

20 be continued under the authority and conditions provided

21 in the applicable appropriations Act for the fiscal year

22 1995 by increasing the rate for operations provided by sec23 tion 101 to a rate for operations not to exceed one that

24 provides the minimal level that would enable existing ac25 tivities to continue. No new contracts or grants shall be
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1 awarded in excess of an amount that bears the same ratio

2 to the rate for operations provided by this section as the

3 number of days covered by this resolution bears to 366.

4 For the purposes of the Act, the minimal level means a

5 rate for operations that is reduced from the current rate

6 by 40 percent.

7 SEC. 112. Notwithstanding any other provision of

8 this joint resolution, except section 106, whenever the rate

9 for operations for any continuing project or activity pro10 vided by section 101 or section 111 for which there is a

11 budget request would result in a furlough of Government

12 employees, that rate for operations may be increased to

13 the minimum level that would enable the furlough to be

14 avoided. No new contracts or grants shall be awarded in

15 excess of an amount that bears the same ratio to the rate

16 for operations provided by this section as the number of

17 days covered by this resolution bears to 366.

18 SEC. 113. Notwithstanding any other provision of

19 this joint resolution, except sections 106, 111, and 112,

20 for those programs that had high initial rates of operation

21 or complete distribution of funding at the beginning of the

22 fiscal year in fiscal year 1995 because of distributions of

23 funding to States, foreign countries, grantees, or others,

24 similar distributions of funds for fiscal year 1996 shall

25 not be made and no grants shall be awarded for such pro-
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1 grams funded by this resolution that would impinge on

2 final funding prerogatives.

3 SEC. 114. This joint resolution shall be implemented

4 so that only the most limited funding action of that per5 mitted in the resolution shall be taken in order to provide

6 for continuation of projects and activities.

7 SEC. 115. The provisions of section 132 of the Dis8 trict of Columbia Appropriations Act, 1988, Public Law

9 100–202, shall not apply for this joint resolution.

10 SEC. 116. Notwithstanding any other provision of

11 this joint resolution, except section 106, the authority and

12 conditions for the application of appropriations for the Of13 fice of Technology Assessment as contained in the Con14 ference Report on the Legislative Branch Appropriations

15 Act, 1996, House Report 104–212, shall be followed when

16 applying the funding made available by this joint resolu17 tion.

18 SEC. 117. Notwithstanding any other provision of

19 this joint resolution, except section 106, any distribution

20 of funding under the Rehabilitation Services and Disabil21 ity Research account in the Department of Education may

22 be made up to an amount that bears the same ratio to

23 the rate for operation for this account provided by this

24 joint resolution as the number of days covered by this res25 olution bears to 366.
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1 SEC. 118. Notwithstanding any other provision of

2 this joint resolution, except section 106, the authorities

3 provided under subsection (a) of section 140 of the For4 eign Relations Authorization Act, Fiscal Years 1994 and

5 1995 (Public Law 103–236) shall remain in effect during

6 the period of this joint resolution, notwithstanding para7 graph (3) of said subsection.

8 SEC. 119. Notwithstanding any other provision of

9 this joint resolution, except section 106, the amount made

10 available to the Securities and Exchange Commission,

11 under the heading Salaries and Expenses, shall include,

12 in addition to direct appropriations, the amount it collects

13 under the fee rate and offsetting collection authority con14 tained in Public Law 103–352, which fee rate and offset15 ting collection authority shall remain in effect during the

16 period of this joint resolution.

17 SEC. 120. Until enactment of legislation providing

18 funding for the entire fiscal year ending September 30,

19 1996, for the Department of the Interior and Related

20 Agencies, funds available for necessary expenses of the

21 Bureau of Mines are for continuing limited health and

22 safety and related research, materials partnerships, and

23 minerals information activities; for mineral assessments in

24 Alaska; and for terminating all other activities of the Bu25 reau of Mines.
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1 SEC. 121. Notwithstanding any other provision of

2 this joint resolution, except section 106, funds for the En3 vironmental Protection Agency shall be made available in

4 the appropriation accounts which are provided in H.R.

5 2099 as reported on September 13, 1995.

6 SEC. 122. Notwithstanding any other provision of

7 this joint resolution, except section 106, the rate for oper8 ations for projects and activities that would be funded

9 under the heading ‘‘International Organizations and Con10 ferences, Contributions to International Organizations’’ in

11 the Departments of Commerce, Justice, and State, the Ju12 diciary, and Related Agencies Appropriations Act, 1996,

13 shall be the amount provided by the provisions of sections

14 101, 111, and 112 multiplied by the ratio of the number

15 of days covered by this resolution to 366 and multiplied

16 further by 1.27.

17 SEC. 123. Notwithstanding any other provision of

18 this joint resolution, except section 106, the rate for oper19 ations of the following projects or activities shall be only

20 the minimum necessary to accomplish orderly termination:

21 Administrative Conference of the United States;

22 Advisory Commission on Intergovernmental Re23 lations (except that activities to carry out the provi24 sions of Public Law 104–4 may continue);

25 Interstate Commerce Commission;
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1 Pennsylvania Avenue Development Corporation;

2 Land and Water Conservation Fund, State As3 sistance; and

4 Office of Surface Mining Reclamation and En5 forcement, Rural Abandoned Mine Program.

6 TITLE II

7 SEC. 201. WAIVER OF REQUIREMENT FOR PARCHMENT

8 PRINTING.

9 (a) WAIVER.—The provisions of sections 106 and

10 107 of title 1, United States Code, are waived with respect

11 to the printing (on parchment or otherwise) of the enroll12 ment of any of the following measures of the first session

13 of the One Hundred Fourth Congress presented to the

14 President after the enactment of this joint resolution:

15 (1) A continuing resolution.

16 (2) A debt limit extension measure.

17 (3) A reconciliation bill.

18 (b) CERTIFICATION BY COMMITTEE ON HOUSE

19 OVERSIGHT.—The enrollment of a measure to which sub20 section (a) applies shall be in such form as the Committee

21 on House Oversight of the House of Representatives cer22 tifies to be a true enrollment.

23 SEC. 202. DEFINITIONS.

24 As used in this joint resolution:
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1 (1) CONTINUING RESOLUTION.—The term

2 ‘‘continuing resolution’’ means a bill or joint resolu3 tion that includes provisions making further continu4 ing appropriations for fiscal year 1996.

5 (2) DEBT LIMIT EXTENSION MEASURE.—The

6 term ‘‘debt limit extension measure’’ means a bill or

7 joint resolution that includes provisions increasing or

8 waiving (for a temporary period or otherwise) the

9 public debt limit under section 3101(b) of title 31,

10 United States Code.

11 (3) RECONCILIATION BILL.—The term ‘‘rec12 onciliation bill’’ means a bill that is a reconciliation

13 bill within the meaning of section 310 of the Con14 gressional Budget Act of 1974.

15 TITLE III

16 TAXPAYER SUBSIDIZED POLITICAL ADVOCACY

17 PROHIBITION ON SUBSIDIZING POLITICAL ADVOCACY

18 WITH TAXPAYER FUNDS

19 SEC. 301. (a) LIMITATIONS.—Notwithstanding any

20 other provision of law, the following limitations shall apply

21 to any taxpayer subsidized grant that is made from funds

22 appropriated under this or any other Act or controlled

23 under any congressional authorization, until the enact24 ment of specific exceptions in subsequent Acts:
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1 (1) No taxpayer subsidized grantee may use

2 funds from any taxpayer subsidized grant to engage

3 in political advocacy.

4 (2) No person or organization may transfer

5 funds from any taxpayer subsidized grant, in whole

6 or in part, in the form of a taxpayer subsidized

7 grant, to any person or organization that under this

8 subsection would not be eligible to receive such

9 funds directly from the Federal Government.

10 (3) No taxpayer subsidized grantee may use

11 funds from any taxpayer subsidized grant for any

12 purpose (including but not limited to extending sub13 sequent taxpayer subsidized grants to any other in14 dividual or organization) other than to purchase or

15 secure goods or services, except as permitted by

16 Congress in the law authorizing the taxpayer sub17 sidized grant.

18 (4) No restrictions are placed upon the use of

19 an individual’s non-Federal funds by this title.

20 (5) An organization described in section

21 501(c)(4) of the Internal Revenue Code of 1986 that

22 engaged in lobbying activities during the organiza23 tion’s previous taxable year shall not be eligible for

24 the receipt of Federal funds constituting a taxpayer

25 subsidized grant. This paragraph shall not apply to
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1 organizations described in such section 501(c)(4)

2 with gross annual revenues of less than $3,000,000

3 in such previous taxable year, including the amounts

4 of Federal funds received as a taxpayer subsidized

5 grant.

6 (6) An organization shall not be eligible for the

7 receipt of Federal funds constituting a taxpayer sub8 sidized grant if, in the previous Federal fiscal year,

9 such organization—

10 (A) received more than one-third of its an11 nual revenue in the form of taxpayer subsidized

12 grants; and

13 (B) expended on lobbying activities an

14 amount equal to or exceeding whichever of the

15 following amounts is less:

16 (i) $100,000; or

17 (ii) the amount determined by the for18 mula set forth in paragraph (7)(B).

19 (7) No taxpayer subsidized grant applicant or

20 taxpayer subsidized grantee, except an individual

21 person, may receive any taxpayer subsidized grant if

22 its expenditures for political advocacy for any one of

23 the previous five Federal fiscal years exceeded its

24 substantial political advocacy threshold. For pur25 poses of the application of this paragraph in the
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1 five-year period following the date of the enactment

2 of this Act, only the previous Federal fiscal years be3 ginning after September 30, 1995, shall be consid4 ered. For purposes of this title, the substantial polit5 ical advocacy threshold for a given Federal fiscal

6 year shall be whichever of the following amounts is

7 less:

8 (A) $1,000,000.

9 (B) The amount determined by the follow10 ing formula:

11 (i) Calculate the difference between

12 the taxpayer subsidized grant applicant’s

13 total expenditures made in a given Federal

14 fiscal year and the total taxpayer sub15 sidized grants it received in that Federal

16 fiscal year.

17 (ii) For the first $500,000 of the

18 amount calculated under clause (i), mul19 tiply by 0.20.

20 (iii) For the portion of the amount

21 calculated under clause (i) that is more

22 than $500,000, but not more than

23 $1,000,000, multiply by 0.15.

24 (iv) For the portion of the amount

25 calculated under clause (i) that is more
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1 than $1,000,000, but not more than

2 $1,500,000, multiply by 0.10.

3 (v) For the portion of the amount cal4 culated under clause (i) that is more than

5 $1,500,000, but not more than

6 $17,000,000, multiply by 0.05.

7 (vi) Calculate the sum of the products

8 described in clauses (ii) through (v).

9 (8) During any one Federal fiscal year in which

10 a taxpayer subsidized grantee, except an individual

11 person, has possession, custody or control of tax12 payer subsidized grant funds, such taxpayer sub13 sidized grantee shall not use any funds (whether de14 rived from taxpayer subsidized grants or otherwise)

15 to engage in political advocacy in excess of its sub16 stantial political advocacy threshold for the prior

17 Federal fiscal year.

18 (9) No taxpayer subsidized grantee may use

19 funds from any taxpayer subsidized grant to pur20 chase or secure any goods or services (including dues

21 and membership fees) from any other organization

22 whose expenditures for political advocacy for the

23 previous Federal fiscal year exceeded whichever of

24 the following amounts is greater:

25 (A) $25,000.
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1 (B) 15 percent of such other organization’s

2 total expenditures for such previous Federal fis3 cal year.

4 (10) The limitations imposed by paragraphs

5 (5), (7), and (8) shall not apply to any taxpayer sub6 sidized grant applicant or taxpayer subsidized grant7 ee for any Federal fiscal year if, during the preced8 ing Federal fiscal year, its total expenditures for po9 litical advocacy were less than $25,000.

10 (11) For purposes of applying the limitations

11 imposed by this subsection (other than paragraph

12 (4)), the members of an affiliated group of organiza13 tions (other than any member that does not receive

14 a taxpayer subsidized grant) shall be treated as one

15 organization.

16 (b) ENFORCEMENT OF TAXPAYER PROTECTIONS.—

17 The following enforcement provisions apply with respect

18 to the limitations imposed under subsection (a):

19 (1) Each taxpayer subsidized grantee shall be

20 subject to audit from time to time as follows:

21 (A) Audits may be requested and con22 ducted by the General Accounting Office or

23 other auditing entity authorized by Congress,

24 including the Inspector General of the Federal
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1 entity awarding or administering the taxpayer

2 subsidized grant.

3 (B) Taxpayer subsidized grantees shall fol4 low generally accepted accounting principles in

5 keeping books and records relating to each tax6 payer subsidized grant and no Federal entity

7 may impose more burdensome accounting re8 quirements for purposes of enforcing this title.

9 (C) A taxpayer subsidized grantee that en10 gages in political advocacy shall have the bur11 den of proving, by clear and convincing evi12 dence, that it is in compliance with the limita13 tions of this title.

14 (D) Audits pursuant to this subsection

15 shall be limited to the utilization, transfer, and

16 expenditure of Federal funds and the utiliza17 tion, transfer, and expenditure of any funds for

18 political advocacy.

19 (2) Violations by a taxpayer subsidized grantee

20 of the limitations contained in subsection (a) may be

21 enforced and the taxpayer subsidized grant may be

22 recovered in the same manner and to the same ex23 tent as a false or fraudulent claim for payment or

24 approval made to the Federal Government pursuant
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1 to sections 3729 through 3812 of title 31, United

2 States Code.

3 (3) Any officer or employee of the Federal Gov4 ernment who awards or administers funds from any

5 taxpayer subsidized grant to a taxpayer subsidized

6 grantee who is not in compliance with this section

7 shall—

8 (A) for knowing or negligent noncompli9 ance with this section, be subjected to appro10 priate administrative discipline, including, when

11 circumstances warrant, suspension from duty

12 without pay or removal from office; and

13 (B) for knowing noncompliance with this

14 section, pay a civil penalty of not more than

15 $5,000 for each improper disbursement of

16 funds.

17 (c) DUTIES OF TAXPAYER SUBSIDIZED GRANT18 EES.—Any individual or organization that awards or ad19 ministers a taxpayer subsidized grant shall take reason20 able steps to ensure that the taxpayer subsidized grantee

21 complies with the requirements of this title. Reasonable

22 steps to ensure compliance shall include written notice to

23 a taxpayer subsidized grantee that it is receiving a tax24 payer subsidized grant, and that the provisions of this title

25 apply to the taxpayer subsidized grantee.
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1 (d) DEFINITIONS.—For purposes of this title:

2 (1) AFFILIATED ORGANIZATIONS.—Any two or3 ganizations shall be considered to be members of an

4 affiliated group of organizations if the organizations

5 meet any one or more of the following criteria:

6 (A) The governing instrument of one such

7 organization requires it to be bound by deci8 sions of the other organization on legislative is9 sues.

10 (B) The governing board of one such orga11 nization includes persons who—

12 (i) are specifically designated rep13 resentatives of the other such organization

14 or are members of the governing board, of15 ficers, or paid executive staff members of

16 such other organization; and

17 (ii) by aggregating their votes, have

18 sufficient voting power to cause or prevent

19 action on political advocacy issues by the

20 other such organization.

21 (C) The organizations—

22 (i) either use the same name or trade23 mark, or represent themselves as being af24 filiated; and
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1 (ii) coordinate their lobbying activities

2 or political advocacy.

3 (2) AGENCY ACTION.—The term ‘‘agency ac4 tion’’ includes the definition contained in section 551

5 of title 5, United States Code, and includes action

6 by State, local, or tribal government agencies. Such

7 term does not include any agency’s action that

8 grants an approval, license, permit, registration, or

9 similar authority, or that grants or recognizes an ex10 emption or relieves a restriction, on a case-by-case

11 basis.

12 (3) AGENCY PROCEEDING.—The term ‘‘agency

13 proceeding’’ includes the definition contained in sec14 tion 551 of title 5, United States Code, and includes

15 proceedings by State, local, or tribal government

16 agencies.

17 (4) INFLUENCE LEGISLATION OR AGENCY AC18 TION.—

19 (A) GENERAL RULE.—Except as otherwise

20 provided in subparagraph (B), the term ‘‘influ21 ence legislation or agency action’’ includes—

22 (i) any attempt to influence any legis23 lation or agency action through an attempt

24 to affect the opinions of the general public

25 or any segment thereof; and
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1 (ii) any attempt to influence any legis2 lation or agency action through commu3 nication with any member or employee of

4 a legislative body or agency, or with any

5 government official or employee who may

6 participate in the formulation of the legis7 lation or agency action.

8 (B) EXCEPTIONS.—The term ‘‘influence

9 legislation or agency action’’ does not include—

10 (i) making available the results of

11 nonpartisan analysis, study, research, or

12 debate;

13 (ii) providing technical advice or as14 sistance (where such advice would other15 wise constitute the influencing of legisla16 tion or agency action) to a governmental

17 body or to a committee or other subdivi18 sion thereof in response to a request by

19 such body or subdivision, as the case may

20 be;

21 (iii) communications between the tax22 payer subsidized grantee and its bona fide

23 members with respect to legislation, pro24 posed legislation, agency action, or pro25 posed agency action of direct interest to
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1 the taxpayer subsidized grantee and such

2 members, other than communications de3 scribed in subparagraph (C);

4 (iv) any communication with a govern5 mental official or employee, including any

6 such communication required to apply for,

7 administer, or execute a taxpayer sub8 sidized grant; other than—

9 (I) a communication with a mem10 ber or employee of a legislative body

11 or agency (where such communication

12 would otherwise constitute the influ13 encing of legislation or agency action);

14 or

15 (II) a communication the prin16 cipal purpose of which is to influence

17 legislation or agency action;

18 (v) official communications by employ19 ees of State, local, or tribal governments,

20 or by organizations whose membership

21 consists exclusively of State, local, or tribal

22 governments; and

23 (vi) participating in a particular activ24 ity that is specifically and explicitly di25 rected and sanctioned by an Act of Con-
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1 gress, and is specifically and explicitly ap2 proved in the contract or other agreement

3 under which the taxpayer subsidized grant

4 is made, except that such exception shall

5 not apply to any such contract or other

6 agreement that is first entered into after

7 the date of the enactment of this Act, is

8 renewed after such date, or is terminable

9 or amendable after such date at the option

10 of the government entity awarding or ad11 ministering such grant, unless such activity

12 is specifically and explicitly directed and

13 sanctioned by an Act of Congress enacted

14 after January 1, 1995.

15 (C) COMMUNICATIONS WITH MEMBERS.—

16 (i) A communication between a tax17 payer subsidized grantee and any bona fide

18 member of such organization to directly

19 encourage such member to communicate as

20 provided in subparagraph (A)(ii) shall be

21 treated as a subparagraph (A)(ii) commu22 nication by the taxpayer subsidized grantee

23 itself.

24 (ii) A communication between a tax25 payer subsidized grantee and any bona fide
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1 member of such organization to directly

2 encourage such member to urge persons

3 other than members to communicate as

4 provided in either clause (i) or (ii) of sub5 paragraph (A) shall be treated as a com6 munication described in subparagraph

7 (A)(i).

8 (5) LEGISLATION.—The term ‘‘legislation’’ in9 cludes the introduction, amendment, enactment, pas10 sage, defeat, ratification, or repeal of Acts, bills, res11 olutions, treaties, declarations, confirmations, arti12 cles of impeachment, or similar items by the Con13 gress, any State legislature, any local or tribal coun14 cil or similar governing body, or by the public in a

15 referendum, initiative, constitutional amendment, re16 call, confirmation, or similar procedure.

17 (6) LOBBYING ACTIVITIES.—The term ‘‘lobby18 ing activities’’ means political advocacy (as defined

19 in paragraph (8)), other than political advocacy re20 lating to any judicial litigation or agency proceeding

21 described in subparagraph (C) of such paragraph.

22 (7) ORGANIZATION.—The term ‘‘organization’’

23 means a legal entity, other than a government, es24 tablished or organized for any purpose, and includes

25 a corporation, company, association, firm, partner-
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1 ship, joint stock company, foundation, institution,

2 society, union, or any other association of persons

3 that operates in or the activities of which affect

4 interstate or foreign commerce.

5 (8) POLITICAL ADVOCACY.—Except as other6 wise provided in paragraph (4)(B), the term ‘‘politi7 cal advocacy’’ includes—

8 (A) carrying on propaganda, or otherwise

9 attempting to influence legislation or agency ac10 tion, including, but not limited to, monetary or

11 in-kind contributions, preparation and planning

12 activities, research and other background work,

13 endorsements, publicity, coordination with such

14 activities of others, and similar activities;

15 (B) participating or intervening in (includ16 ing the publishing or distributing of statements)

17 any political campaign on behalf of (or in oppo18 sition to) any candidate for public office, includ19 ing, but not limited to, monetary or in-kind

20 contributions, preparation and planning activi21 ties, research and other background work, en22 dorsements, publicity, coordination with such

23 activities of others, and similar activities;

24 (C) participating in any judicial litigation

25 or agency proceeding (including as an amicus
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1 curiae) in which agents or instrumentalities of

2 Federal, State, local, or tribal governments are

3 parties, other than litigation in which the tax4 payer subsidized grantee or taxpayer subsidized

5 grant applicant is a defendant appearing in its

6 own behalf; is defending its tax-exempt status;

7 or is challenging a government decision or ac8 tion directed specifically at the powers, rights,

9 or duties of that taxpayer subsidized grantee or

10 taxpayer subsidized grant applicant; and

11 (D) allocating, disbursing, or contributing

12 any monetary or in-kind support to any organi13 zation whose expenditures for political advocacy

14 for the previous Federal fiscal year exceeded 15

15 percent of its total expenditures for that Fed16 eral fiscal year.

17 (9) TAXPAYER SUBSIDIZED GRANT.—The term

18 ‘‘taxpayer subsidized grant’’ includes the provision

19 of any Federal funds, appropriated under this or

20 any other Act, or other thing of value to carry out

21 a public purpose of the United States, except the fol22 lowing: the provision of funds for acquisition (by

23 purchase, lease or barter) of property or services for

24 the direct benefit or use of the United States; the

25 payments of loans, debts, or entitlements; the provi-
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1 sion of funds to or distribution of funds by an Arti2 cle I or III court; nonmonetary assistance provided

3 by the Department of Veterans Affairs to organiza4 tions approved or recognized under section 5902 of

5 title 38, United States Code; and the provision of

6 grant and scholarship funds to students for edu7 cational purposes.

8 (10) TAXPAYER SUBSIDIZED GRANTEE.—The

9 term ‘‘taxpayer subsidized grantee’’ includes any re10 cipient of any taxpayer subsidized grant. The term

11 shall not include any State, local, or tribal govern12 ment, but shall include any recipient receiving a tax13 payer subsidized grant from a State, local, or tribal

14 government.

15 DISCLOSURE REQUIREMENTS

16 SEC. 302. (a) IN GENERAL.—Not later than Decem17 ber 31 of each year, each taxpayer subsidized grantee, ex18 cept an individual person, shall provide (via either elec19 tronic or paper medium) to each Federal entity that

20 awarded or administered its taxpayer subsidized grant an

21 annual report for the prior Federal fiscal year, certified

22 by the taxpayer subsidized grantee’s chief executive officer

23 or equivalent person of authority, and setting forth—

24 (1) the taxpayer subsidized grantee’s name and

25 grantee identification number;
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1 (2) a statement that the taxpayer subsidized

2 grantee agrees that it is, and shall continue to be,

3 contractually bound by the terms of this title as a

4 condition of the continued receipt and use of Federal

5 funds; and

6 (3) either—

7 (A) a statement that the taxpayer sub8 sidized grantee did not engage in political advo9 cacy; or

10 (B) a statement that the taxpayer sub11 sidized grantee did engage in political advocacy,

12 and setting forth for each taxpayer subsidized

13 grant—

14 (i) the taxpayer subsidized grant iden15 tification number;

16 (ii) the amount or value of the tax17 payer subsidized grant (including all ad18 ministrative and overhead costs awarded);

19 (iii) a brief description of the purpose

20 or purposes for which the taxpayer sub21 sidized grant was awarded;

22 (iv) the identity of each Federal,

23 State, local, and tribal government entity

24 awarding or administering the taxpayer

25 subsidized grant, and program thereunder;
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1 (v) the name and taxpayer subsidized

2 grantee identification number of each indi3 vidual or organization to which the tax4 payer subsidized grantee made a taxpayer

5 subsidized grant;

6 (vi) a brief description of the taxpayer

7 subsidized grantee’s political advocacy, and

8 a good faith estimate of the taxpayer sub9 sidized grantee’s expenditures on political

10 advocacy; and

11 (vii) a good faith estimate of the tax12 payer subsidized grantee’s substantial po13 litical advocacy threshold.

14 (b) OMB COORDINATION.—The Office of Manage15 ment and Budget shall develop by regulation one stand16 ardized form for the annual report that shall be accepted

17 by every Federal entity, and a uniform procedure by which

18 each taxpayer subsidized grantee is assigned one perma19 nent and unique taxpayer subsidized grantee identification

20 number.

21 FEDERAL ENTITY REPORT

22 SEC. 303. Not later than May 1 of each calendar

23 year, each Federal entity awarding or administering a tax24 payer subsidized grant shall submit to the Bureau of the

25 Census a report (standardized by the Office of Manage26 ment and Budget) setting forth the information provided
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1 to such Federal entity by each taxpayer subsidized grantee

2 during the preceding Federal fiscal year, and the name

3 and taxpayer subsidized grantee identification number of

4 each taxpayer subsidized grantee to which it provided writ5 ten notice under section 301(c). The Bureau of the Census

6 shall make this database available to the public through

7 the Internet.

8 PUBLIC ACCOUNTABILITY

9 SEC. 304. (a) PUBLIC AVAILABILITY OF TAXPAYER

10 SUBSIDIZED GRANT DOCUMENTS.—Any Federal entity

11 awarding a taxpayer subsidized grant shall make publicly

12 available any taxpayer subsidized grant application, audit

13 of a taxpayer subsidized grantee, list of taxpayer sub14 sidized grantees to which notice was provided under sec15 tion 301(c), annual report of a taxpayer subsidized grant16 ee, and that Federal entity’s annual report to the Bureau

17 of the Census.

18 (b) ACCESSIBILITY TO PUBLIC.—The public’s access

19 to the documents identified in subsection (a) shall be fa20 cilitated by placement of such documents in the Federal

21 entity’s public document reading room and also by expe22 diting any requests under section 552 of title 5, United

23 States Code, the Freedom of Information Act as amended,

24 ahead of any requests for other information pending at

25 such Federal entity.
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1 (c) WITHHOLDING PROHIBITED.—Records described

2 in subsection (a) shall not be subject to withholding, ex3 cept under the exemption set forth in subsection (b)(7)(A)

4 of section 552 of title 5, United States Code.

5 (d) FEES PROHIBITED.—No fees for searching for or

6 copying such documents shall be charged to the public.

7 SEVERABILITY

8 SEC. 305. If any provision of this title or the applica9 tion thereof to any person or circumstance is held invalid,

10 the remainder of this title and the application of such pro11 vision to other persons and circumstances shall not be af12 fected thereby.

13 FIRST AMENDMENT RIGHTS PRESERVED

14 SEC. 306. Nothing in this title shall be deemed to

15 abridge any rights guaranteed under the First Amend16 ment of the United States Constitution, including freedom

17 of speech, or of the press; or the right of the people peace18 ably to assemble, and to petition the Government for a

19 redress of grievances.

20 EXPEDITED CONSIDERATION AND APPEAL OF CERTAIN

21 ACTIONS

22 SEC. 307. (a) DISTRICT COURT CONSIDERATION.—

23 Any action challenging the constitutionality of this title

24 shall be heard and determined by a panel of three judges

25 in accordance with section 2284 of title 28, United States

26 Code. The United States District Court for the District
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1 of Columbia shall have exclusive jurisdiction over such ac2 tion, without regard to the sum or value of the matter

3 in controversy. It shall be the duty of the district court

4 to advance on the docket, and to expedite the disposition

5 of, any action brought under this subsection.

6 (b) APPEAL TO SUPREME COURT.—An appeal may

7 be taken directly to the Supreme Court of the United

8 States from any interlocutory or final judgment, decree,

9 or order entered in any action brought under subsection

10 (a). Any such appeal shall be taken by a notice of appeal

11 filed within 20 days after such judgment, decree, or order

12 is entered. The Supreme Court shall, if it has not pre13 viously ruled on the question presented by such appeal,

14 accept jurisdiction over the appeal, advance the appeal on

15 the docket, and expedite the appeal.

16 CONSTRUCTION AND EFFECT

17 SEC. 308. Nothing in this title shall be construed to

18 affect the application of the internal revenue laws of the

19 United States.

20 TITLE IV—MEDICARE

21 SEC. 401. DETERMINATION OF MEDICARE PART B PRE22 MIUM.

23 (a) Any percentage reference in subsection (e)(1)(A)

24 of section 1839 of the Social Security Act for months in

25 1996 is deemed a reference to the amount described in

26 subsection (e)(1)(B)(v) of such section, expressed as a per-
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1 centage of the monthly actuarial rate under subsection

2 (a)(1) of such section for months in 1995.

3 SEC. 402. MEDICARE COVERAGE OF CERTAIN ANTI-CANCER

4 DRUG TREATMENTS.

5 (a) COVERAGE OF CERTAIN SELF-ADMINISTERED

6 ANTICANCER DRUGS.—Section 1861(s)(2)(Q) of the So7 cial Security Act (42 U.S.C. 1395x(s)(2)(Q)) is amend8 ed—

9 (1) by striking ‘‘(Q)’’ and inserting ‘‘(Q)(i)’’;

10 and

11 (2) by striking the semicolon at the end and in12 serting ‘‘, and’’; and

13 (3) by adding at the end the following:

14 ‘‘(ii) an oral drug (which is approved by the Federal

15 Food and Drug Administration) prescribed for use as an

16 anticancer nonsteroidal antiestrogen or nonsteroidal

17 antiandrogen agent for a given indication;’’.

18 (b) UNIFORM COVERAGE OF ANTICANCER DRUGS IN

19 ALL SETTINGS.—Section 1861(t)(2)(A) of such Act (42

20 U.S.C. 1395x(t)(2)(A)) is amended by adding (including

21 a nonsteroidal antiestrogen or nonsteroidal antiandrogen

22 regimen)’’ after ‘‘regimen’’.

23 (c) CONFORMING AMENDMENT.—Section 1834

24 (j)(5)(F)(iv) of such Act (42 U.S.C. 1395m(j)(5)(F)(iv))

25 is amended by striking ‘‘prescribed for use’’ and all that
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1 follows through ‘‘1861 (s)(2)(Q))’’ and inserting ‘‘de2 scribed in section 1861(s)(2)(Q)’’.

3 (d) EFFECTIVE DATE.—The amendments made by

4 this section shall apply to drugs furnished on or after the

5 date of the enactment of this Act.

Passed the House of Representatives November 8,

1995.

Attest: ROBIN H. CARLE,

Clerk.

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