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referendum, initiative, constitutional amendment, re-
call, confirmation, or similar procedure.
(6) LOBBYING ACTIVITIES.—The term ‘‘lobby-
ing activities’’ means political advocacy (as defined
in paragraph (8)), other than political advocacy re-
lating to any judicial litigation or agency proceeding
described in subparagraph (C) of such paragraph.
(7) ORGANIZATION.—The term ‘‘organization’’
means a legal entity, other than a government, es-
tablished or organized for any purpose, and includes
a corporation, company, association, firm, partner-
ship, joint stock company, foundation, institution,
society, union, or any other association of persons
that operates in or the activities of which affect
interstate or foreign commerce.
(8) POLITICAL
ADVOCACY.—Except as other-
wise provided in paragraph (4)(B), the term ‘‘politi-
cal advocacy’’ includes—
(A) carrying on propaganda, or otherwise
attempting to influence legislation or agency ac-
tion, including, but not limited to, monetary or
in-kind contributions, preparation and planning
activities, research and other background work,
endorsements, publicity, coordination with such
activities of others, and similar activities;
•HJ 115 EH
(B) participating or intervening in (includ-
ing the publishing or distributing of statements)
any political campaign on behalf of (or in oppo-
sition to) any candidate for public office, includ-
ing, but not limited to, monetary or in-kind
contributions, preparation and planning activi-
ties, research and other background work, en-
dorsements, publicity, coordination with such
activities of others, and similar activities;
(C) participating in any judicial litigation
or agency proceeding (including as an amicus
curiae) in which agents or instrumentalities of
Federal, State, local, or tribal governments are
parties, other than litigation in which the tax-
payer subsidized grantee or taxpayer subsidized
grant applicant is a defendant appearing in its
own behalf; is defending its tax-exempt status;
or is challenging a government decision or ac-
tion directed specifically at the powers, rights,
or duties of that taxpayer subsidized grantee or
taxpayer subsidized grant applicant; and
(D) allocating, disbursing, or contributing
any monetary or in-kind support to any organi-
zation whose expenditures for political advocacy
for the previous Federal fiscal year exceeded 15
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percent of its total expenditures for that Fed-
eral fiscal year.
(9) TAXPAYER SUBSIDIZED GRANT.—The term
‘‘taxpayer subsidized grant’’ includes the provision
of any Federal funds, appropriated under this or
any other Act, or other thing of value to carry out
a public purpose of the United States, except the fol-
lowing: the provision of funds for acquisition (by
purchase, lease or barter) of property or services for
the direct benefit or use of the United States; the
payments of loans, debts, or entitlements; the provi-
sion of funds to or distribution of funds by an Arti-
cle I or III court; nonmonetary assistance provided
by the Department of Veterans Affairs to organiza-
tions approved or recognized under section 5902 of
title 38, United States Code; and the provision of
grant and scholarship funds to students for edu-
cational purposes.
(10) TAXPAYER
SUBSIDIZED
GRANTEE.—The
term ‘‘taxpayer subsidized grantee’’ includes any re-
cipient of any taxpayer subsidized grant. The term
shall not include any State, local, or tribal govern-
ment, but shall include any recipient receiving a tax-
payer subsidized grant from a State, local, or tribal
government.
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DISCLOSURE REQUIREMENTS
SEC. 302. (a) IN GENERAL.—Not later than Decem-
ber 31 of each year, each taxpayer subsidized grantee, ex-
cept an individual person, shall provide (via either elec-
tronic or paper medium) to each Federal entity that
awarded or administered its taxpayer subsidized grant an
annual report for the prior Federal fiscal year, certified
by the taxpayer subsidized grantee’s chief executive officer
or equivalent person of authority, and setting forth—
(1) the taxpayer subsidized grantee’s name and
grantee identification number;
(2) a statement that the taxpayer subsidized
grantee agrees that it is, and shall continue to be,
contractually bound by the terms of this title as a
condition of the continued receipt and use of Federal
funds; and
(3) either—
(A) a statement that the taxpayer sub-
sidized grantee did not engage in political advo-
cacy; or
(B) a statement that the taxpayer sub-
sidized grantee did engage in political advocacy,
and setting forth for each taxpayer subsidized
grant—
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(i) the taxpayer subsidized grant iden-
tification number;
(ii) the amount or value of the tax-
payer subsidized grant (including all ad-
ministrative and overhead costs awarded);
(iii) a brief description of the purpose
or purposes for which the taxpayer sub-
sidized grant was awarded;
(iv) the identity of each Federal,
State, local, and tribal government entity
awarding or administering the taxpayer
subsidized grant, and program thereunder;
(v) the name and taxpayer subsidized
grantee identification number of each indi-
vidual or organization to which the tax-
payer subsidized grantee made a taxpayer
subsidized grant;
(vi) a brief description of the taxpayer
subsidized grantee’s political advocacy, and
a good faith estimate of the taxpayer sub-
sidized grantee’s expenditures on political
advocacy; and
(vii) a good faith estimate of the tax-
payer subsidized grantee’s substantial po-
litical advocacy threshold.
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(b) OMB COORDINATION.—The Office of Manage-
ment and Budget shall develop by regulation one stand-
ardized form for the annual report that shall be accepted
by every Federal entity, and a uniform procedure by which
each taxpayer subsidized grantee is assigned one perma-
nent and unique taxpayer subsidized grantee identification
number.
FEDERAL ENTITY REPORT
SEC. 303. Not later than May 1 of each calendar
year, each Federal entity awarding or administering a tax-
payer subsidized grant shall submit to the Bureau of the
Census a report (standardized by the Office of Manage-
ment and Budget) setting forth the information provided
to such Federal entity by each taxpayer subsidized grantee
during the preceding Federal fiscal year, and the name
and taxpayer subsidized grantee identification number of
each taxpayer subsidized grantee to which it provided writ-
ten notice under section 301(c). The Bureau of the Census
shall make this database available to the public through
the Internet.
PUBLIC ACCOUNTABILITY
SEC. 304. (a) PUBLIC AVAILABILITY OF TAXPAYER
SUBSIDIZED GRANT DOCUMENTS.—Any Federal entity
awarding a taxpayer subsidized grant shall make publicly
available any taxpayer subsidized grant application, audit
of a taxpayer subsidized grantee, list of taxpayer sub-
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sidized grantees to which notice was provided under sec-
tion 301(c), annual report of a taxpayer subsidized grant-
ee, and that Federal entity’s annual report to the Bureau
of the Census.
(b) ACCESSIBILITY TO PUBLIC.—The public’s access
to the documents identified in subsection (a) shall be fa-
cilitated by placement of such documents in the Federal
entity’s public document reading room and also by expe-
diting any requests under section 552 of title 5, United
States Code, the Freedom of Information Act as amended,
ahead of any requests for other information pending at
such Federal entity.
(c) WITHHOLDING PROHIBITED.—Records described
in subsection (a) shall not be subject to withholding, ex-
cept under the exemption set forth in subsection (b)(7)(A)
of section 552 of title 5, United States Code.
(d) FEES PROHIBITED.—No fees for searching for or
copying such documents shall be charged to the public.
SEVERABILITY
SEC. 305. If any provision of this title or the applica-
tion thereof to any person or circumstance is held invalid,
the remainder of this title and the application of such pro-
vision to other persons and circumstances shall not be af-
fected thereby.
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FIRST AMENDMENT RIGHTS PRESERVED
SEC. 306. Nothing in this title shall be deemed to
abridge any rights guaranteed under the First Amend-
ment of the United States Constitution, including freedom
of speech, or of the press; or the right of the people peace-
ably to assemble, and to petition the Government for a
redress of grievances.
EXPEDITED CONSIDERATION AND APPEAL OF CERTAIN
ACTIONS
SEC. 307. (a) DISTRICT COURT CONSIDERATION.—
Any action challenging the constitutionality of this title
shall be heard and determined by a panel of three judges
in accordance with section 2284 of title 28, United States
Code. The United States District Court for the District
of Columbia shall have exclusive jurisdiction over such ac-
tion, without regard to the sum or value of the matter
in controversy. It shall be the duty of the district court
to advance on the docket, and to expedite the disposition
of, any action brought under this subsection.
(b) APPEAL TO SUPREME COURT.—An appeal may
be taken directly to the Supreme Court of the United
States from any interlocutory or final judgment, decree,
or order entered in any action brought under subsection
(a). Any such appeal shall be taken by a notice of appeal
filed within 20 days after such judgment, decree, or order
is entered. The Supreme Court shall, if it has not pre-
•HJ 115 EH
viously ruled on the question presented by such appeal,
accept jurisdiction over the appeal, advance the appeal on
the docket, and expedite the appeal.
CONSTRUCTION AND EFFECT
SEC. 308. Nothing in this title shall be construed to
affect the application of the internal revenue laws of the
United States.
TITLE IV—MEDICARE
SEC. 401. DETERMINATION OF MEDICARE PART B PRE-
MIUM.
(a) Any percentage reference in subsection (e)(1)(A)
of section 1839 of the Social Security Act for months in
1996 is deemed a reference to the amount described in
subsection (e)(1)(B)(v) of such section, expressed as a per-
centage of the monthly actuarial rate under subsection
(a)(1) of such section for months in 1995.
SEC. 402. MEDICARE COVERAGE OF CERTAIN ANTI-CANCER
DRUG TREATMENTS.
(a) COVERAGE
OF CERTAIN SELF-ADMINISTERED
ANTICANCER DRUGS.—Section 1861(s)(2)(Q) of the So-
cial Security Act (42 U.S.C. 1395x(s)(2)(Q)) is amend-
ed—
(1) by striking ‘‘(Q)’’ and inserting ‘‘(Q)(i)’’;
and
(2) by striking the semicolon at the end and in-
serting ‘‘, and’’; and
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(3) by adding at the end the following:
‘‘(ii) an oral drug (which is approved by the Federal
Food and Drug Administration) prescribed for use as an
anticancer nonsteroidal antiestrogen or nonsteroidal
antiandrogen agent for a given indication;’’.
(b) UNIFORM COVERAGE OF ANTICANCER DRUGS IN
ALL SETTINGS.—Section 1861(t)(2)(A) of such Act (42
U.S.C. 1395x(t)(2)(A)) is amended by adding (including
a nonsteroidal antiestrogen or nonsteroidal antiandrogen
regimen)’’ after ‘‘regimen’’.
(c) 
CONFORMING
AMENDMENT.—Section 
1834
(j)(5)(F)(iv) of such Act (42 U.S.C. 1395m(j)(5)(F)(iv))
is amended by striking ‘‘prescribed for use’’ and all that
follows through ‘‘1861 (s)(2)(Q))’’ and inserting ‘‘de-
scribed in section 1861(s)(2)(Q)’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to drugs furnished on or after the
date of the enactment of this Act.
Passed the House of Representatives November 8,
1995.
Attest:
Clerk.