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.
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
That the following sums are hereby appropriated, out of
any money in the Treasury not otherwise appropriated,
and out of applicable corporate or other revenues, receipts,
and funds, for the several departments, agencies, corpora-
tions, and other organizational units of Government for
the fiscal year 1996, and for other purposes, namely:
TITLE I
CONTINUING APPROPRIATIONS
SEC. 101. (a) Such amounts as may be necessary
under the authority and conditions provided in the appli-
cable appropriations Act for the fiscal year 1995 for con-
•HJ 115 RDS
tinuing projects or activities including the costs of direct
loans and loan guarantees (not otherwise specifically pro-
vided for in this joint resolution) which were conducted
in the fiscal year 1995 and for which appropriations,
funds, or other authority would be available in the follow-
ing appropriations Acts:
The Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appro-
priations Act, 1996, notwithstanding section 15 of
the State Department Basic Authorities Act of
1956, section 701 of the United States Information
and Educational Exchange Act of 1948, and section
53 of the Arms Control and Disarmament Act;
The Department of Defense Appropriations
Act, 1996, notwithstanding section 504(a)(1) of the
National Security Act of 1947;
The District of Columbia Appropriations Act,
1996;
The Energy and Water Development Appro-
priations Act, 1996;
The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1996, not-
withstanding section 10 of Public Law 91–672 and
section 15(a) of the State Department Basic Au-
thorities Act of 1956;
•HJ 115 RDS
The Department of the Interior and Related
Agencies Appropriations Act, 1996;
The Departments of Labor, Health and Human
Services, and Education, and Related Agencies Ap-
propriations Act, 1996;
The Legislative Branch Appropriations Act,
1996, H.R. 2492;
The Department of Transportation Appropria-
tions Act, 1996;
The Treasury, Postal Service, and General Gov-
ernment Appropriations Act, 1996;
The Departments of Veterans Affairs and
Housing and Urban Development, and Independent
Agencies Appropriations Act, 1996:
Provided, That whenever the amount which would be made
available or the authority which would be granted in these
Acts is greater than that which would be available or
granted under current operations, the pertinent project or
activity shall be continued at a rate for operations not ex-
ceeding the current rate.
(b) Whenever the amount which would be made avail-
able or the authority which would be granted under an
Act listed in this section as passed by the House as of
the date of enactment of this joint resolution, is different
from that which would be available or granted under such
•HJ 115 RDS
Act as passed by the Senate as of the date of enactment
of this joint resolution, the pertinent project or activity
shall be continued at a rate for operations not exceeding
the current rate or the rate permitted by the action of
the House or the Senate, whichever is lower, under the
authority and conditions provided in the applicable appro-
priations Act for the fiscal year 1995: Provided, That
where an item is not included in either version or where
an item is included in only one version of the Act as passed
by both Houses as of the date of enactment of this joint
resolution, the pertinent project or activity shall not be
continued except as provided for in section 111 or 112
under the appropriation, fund, or authority granted by the
applicable appropriations Act for the fiscal year 1995 and
under the authority and conditions provided in the appli-
cable appropriations Act for the fiscal year 1995.
(c) Whenever an Act listed in this section has been
passed by only the House or only the Senate as of the
date of enactment of this joint resolution, the pertinent
project or activity shall be continued under the appropria-
tion, fund, or authority granted by the one House at a
rate for operations not exceeding the current rate or the
rate permitted by the action of the one House, whichever
is lower, and under the authority and conditions provided
in the applicable appropriations Act for the fiscal year
•HJ 115 RDS
1995: Provided, That where an item is funded in the appli-
cable appropriations Act for the fiscal year 1995 and not
included in the version passed by the one House as of the
date of enactment of this joint resolution, the pertinent
project or activity shall not be continued except as pro-
vided for in section 111 or 112 under the appropriation,
fund, or authority granted by the applicable appropria-
tions Act for the fiscal year 1995 and under the authority
and conditions provided in the applicable appropriations
Act for the fiscal year 1995.
SEC. 102. No appropriation or funds made available
or authority granted pursuant to section 101 for the De-
partment of Defense shall be used for new production of
items not funded for production in fiscal year 1995 or
prior years, for the increase in production rates above
those sustained with fiscal year 1995 funds, or to initiate,
resume, or continue any project, activity, operation, or or-
ganization which are defined as any project, subproject,
activity, 
budget 
activity, 
program 
element, 
and
subprogram within a program element and for investment
items are further defined as a P–1 line item in a budget
activity within an appropriation account and an R–1 line
item which includes a program element and subprogram
element within an appropriation account, for which appro-
priations, funds, or other authority were not available dur-
•HJ 115 RDS
ing the fiscal year 1995: Provided, That no appropriation
or funds made available or authority granted pursuant to
section 101 for the Department of Defense shall be used
to initiate multi-year procurements utilizing advance pro-
curement funding for economic order quantity procure-
ment unless specifically appropriated later.
SEC. 103. Appropriations made by section 101 shall
be available to the extent and in the manner which would
be provided by the pertinent appropriations Act.
SEC. 104. No appropriation or funds made available
or authority granted pursuant to section 101 shall be used
to initiate or resume any project or activity for which ap-
propriations, funds, or other authority were not available
during the fiscal year 1995.
SEC. 105. No provision which is included in an appro-
priations Act enumerated in section 101 but which was
not included in the applicable appropriations Act for fiscal
year 1995 and which by its terms is applicable to more
than one appropriation, fund, or authority shall be appli-
cable to any appropriation, fund, or authority provided in
this joint resolution.
SEC. 106. Unless otherwise provided for in this joint
resolution or in the applicable appropriations Act, appro-
priations and funds made available and authority granted
pursuant to this joint resolution shall be available until
•HJ 115 RDS
(a) enactment into law of an appropriation for any project
or activity provided for in this joint resolution, or (b) the
enactment into law of the applicable appropriations Act
by both Houses without any provision for such project or
activity, or (c) December 1, 1995, whichever first occurs.
SEC. 107. Appropriations made and authority grant-
ed pursuant to this joint resolution shall cover all obliga-
tions or expenditures incurred for any program, project,
or activity during the period for which funds or authority
for such project or activity are available under this joint
resolution.
SEC. 108. Expenditures made pursuant to this joint
resolution shall be charged to the applicable appropriation,
fund, or authorization whenever a bill in which such appli-
cable appropriation, fund, or authorization is contained is
enacted into law.
SEC. 109. No provision in the appropriations Act for
the fiscal year 1996 referred to in section 101 of this joint
resolution that makes the availability of any appropriation
provided therein dependent upon the enactment of addi-
tional authorizing or other legislation shall be effective be-
fore the date set forth in section 106(c) of this joint reso-
lution.
SEC. 110. Appropriations and funds made available
by or authority granted pursuant to this joint resolution
•HJ 115 RDS
may be used without regard to the time limitations for
submission and approval of apportionments set forth in
section 1513 of title 31, United States Code, but nothing
herein shall be construed to waive any other provision of
law governing the apportionment of funds.
SEC. 111. Notwithstanding any other provision of
this joint resolution, except section 106, whenever an Act
listed in section 101 as passed by both the House and
Senate as of the date of enactment of this joint resolution,
does not include funding for an ongoing project or activity
for which there is a budget request, or whenever an Act
listed in section 101 has been passed by only the House
or only the Senate as of the date of enactment of this
joint resolution, and an item funded in fiscal year 1995
is not included in the version passed by the one House,
or whenever the rate for operations for an ongoing project
or activity provided by section 101 for which there is a
budget request would result in the project or activity being
significantly reduced, the pertinent project or activity may
be continued under the authority and conditions provided
in the applicable appropriations Act for the fiscal year
1995 by increasing the rate for operations provided by sec-
tion 101 to a rate for operations not to exceed one that
provides the minimal level that would enable existing ac-
tivities to continue. No new contracts or grants shall be
•HJ 115 RDS
awarded in excess of an amount that bears the same ratio
to the rate for operations provided by this section as the
number of days covered by this resolution bears to 366.
For the purposes of the Act, the minimal level means a
rate for operations that is reduced from the current rate
by 40 percent.
SEC. 112. Notwithstanding any other provision of
this joint resolution, except section 106, whenever the rate
for operations for any continuing project or activity pro-
vided by section 101 or section 111 for which there is a
budget request would result in a furlough of Government
employees, that rate for operations may be increased to
the minimum level that would enable the furlough to be
avoided. No new contracts or grants shall be awarded in
excess of an amount that bears the same ratio to the rate
for operations provided by this section as the number of
days covered by this resolution bears to 366.
SEC. 113. Notwithstanding any other provision of
this joint resolution, except sections 106, 111, and 112,
for those programs that had high initial rates of operation
or complete distribution of funding at the beginning of the
fiscal year in fiscal year 1995 because of distributions of
funding to States, foreign countries, grantees, or others,
similar distributions of funds for fiscal year 1996 shall
not be made and no grants shall be awarded for such pro-
•HJ 115 RDS
grams funded by this resolution that would impinge on
final funding prerogatives.
SEC. 114. This joint resolution shall be implemented
so that only the most limited funding action of that per-
mitted in the resolution shall be taken in order to provide
for continuation of projects and activities.
SEC. 115. The provisions of section 132 of the Dis-
trict of Columbia Appropriations Act, 1988, Public Law
100–202, shall not apply for this joint resolution.
SEC. 116. Notwithstanding any other provision of
this joint resolution, except section 106, the authority and
conditions for the application of appropriations for the Of-
fice of Technology Assessment as contained in the Con-
ference Report on the Legislative Branch Appropriations
Act, 1996, House Report 104–212, shall be followed when
applying the funding made available by this joint resolu-
tion.
SEC. 117. Notwithstanding any other provision of
this joint resolution, except section 106, any distribution
of funding under the Rehabilitation Services and Disabil-
ity Research account in the Department of Education may
be made up to an amount that bears the same ratio to
the rate for operation for this account provided by this
joint resolution as the number of days covered by this res-
olution bears to 366.
•HJ 115 RDS
SEC. 118. Notwithstanding any other provision of
this joint resolution, except section 106, the authorities
provided under subsection (a) of section 140 of the For-
eign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103–236) shall remain in effect during
the period of this joint resolution, notwithstanding para-
graph (3) of said subsection.
SEC. 119. Notwithstanding any other provision of
this joint resolution, except section 106, the amount made
available to the Securities and Exchange Commission,
under the heading Salaries and Expenses, shall include,
in addition to direct appropriations, the amount it collects
under the fee rate and offsetting collection authority con-
tained in Public Law 103–352, which fee rate and offset-
ting collection authority shall remain in effect during the
period of this joint resolution.
SEC. 120. Until enactment of legislation providing
funding for the entire fiscal year ending September 30,
1996, for the Department of the Interior and Related
Agencies, funds available for necessary expenses of the
Bureau of Mines are for continuing limited health and
safety and related research, materials partnerships, and
minerals information activities; for mineral assessments in
Alaska; and for terminating all other activities of the Bu-
reau of Mines.
•HJ 115 RDS
SEC. 121. Notwithstanding any other provision of
this joint resolution, except section 106, funds for the En-
vironmental Protection Agency shall be made available in
the appropriation accounts which are provided in H.R.
2099 as reported on September 13, 1995.
SEC. 122. Notwithstanding any other provision of
this joint resolution, except section 106, the rate for oper-
ations for projects and activities that would be funded
under the heading ‘‘International Organizations and Con-
ferences, Contributions to International Organizations’’ in
the Departments of Commerce, Justice, and State, the Ju-
diciary, and Related Agencies Appropriations Act, 1996,
shall be the amount provided by the provisions of sections
101, 111, and 112 multiplied by the ratio of the number
of days covered by this resolution to 366 and multiplied
further by 1.27.
SEC. 123. Notwithstanding any other provision of
this joint resolution, except section 106, the rate for oper-
ations of the following projects or activities shall be only
the minimum necessary to accomplish orderly termination:
Administrative Conference of the United States;
Advisory Commission on Intergovernmental Re-
lations (except that activities to carry out the provi-
sions of Public Law 104–4 may continue);
Interstate Commerce Commission;
•HJ 115 RDS
Pennsylvania Avenue Development Corporation;
Land and Water Conservation Fund, State As-
sistance; and
Office of Surface Mining Reclamation and En-
forcement, Rural Abandoned Mine Program.
TITLE II
SEC. 201. WAIVER OF REQUIREMENT FOR PARCHMENT
PRINTING.
(a) WAIVER.—The provisions of sections 106 and
107 of title 1, United States Code, are waived with respect
to the printing (on parchment or otherwise) of the enroll-
ment of any of the following measures of the first session
of the One Hundred Fourth Congress presented to the
President after the enactment of this joint resolution:
(1) A continuing resolution.
(2) A debt limit extension measure.
(3) A reconciliation bill.
(b) CERTIFICATION
BY
COMMITTEE
ON
HOUSE
OVERSIGHT.—The enrollment of a measure to which sub-
section (a) applies shall be in such form as the Committee
on House Oversight of the House of Representatives cer-
tifies to be a true enrollment.
SEC. 202. DEFINITIONS.
As used in this joint resolution:
•HJ 115 RDS
(1) 
CONTINUING
RESOLUTION.—The 
term
‘‘continuing resolution’’ means a bill or joint resolu-
tion that includes provisions making further continu-
ing appropriations for fiscal year 1996.
(2) DEBT
LIMIT
EXTENSION
MEASURE.—The
term ‘‘debt limit extension measure’’ means a bill or
joint resolution that includes provisions increasing or
waiving (for a temporary period or otherwise) the
public debt limit under section 3101(b) of title 31,
United States Code.
(3) RECONCILIATION
BILL.—The term ‘‘rec-
onciliation bill’’ means a bill that is a reconciliation
bill within the meaning of section 310 of the Con-
gressional Budget Act of 1974.
TITLE III
TAXPAYER SUBSIDIZED POLITICAL ADVOCACY
PROHIBITION ON SUBSIDIZING POLITICAL ADVOCACY
WITH TAXPAYER FUNDS
SEC. 301. (a) LIMITATIONS.—Notwithstanding any
other provision of law, the following limitations shall apply
to any taxpayer subsidized grant that is made from funds
appropriated under this or any other Act or controlled
under any congressional authorization, until the enact-
ment of specific exceptions in subsequent Acts:
•HJ 115 RDS
(1) No taxpayer subsidized grantee may use
funds from any taxpayer subsidized grant to engage
in political advocacy.
(2) No person or organization may transfer
funds from any taxpayer subsidized grant, in whole
or in part, in the form of a taxpayer subsidized
grant, to any person or organization that under this
subsection would not be eligible to receive such
funds directly from the Federal Government.
(3) No taxpayer subsidized grantee may use
funds from any taxpayer subsidized grant for any
purpose (including but not limited to extending sub-
sequent taxpayer subsidized grants to any other in-
dividual or organization) other than to purchase or
secure goods or services, except as permitted by
Congress in the law authorizing the taxpayer sub-
sidized grant.
(4) No restrictions are placed upon the use of
an individual’s non-Federal funds by this title.
(5) An organization described in section
501(c)(4) of the Internal Revenue Code of 1986 that
engaged in lobbying activities during the organiza-
tion’s previous taxable year shall not be eligible for
the receipt of Federal funds constituting a taxpayer
subsidized grant. This paragraph shall not apply to
•HJ 115 RDS
organizations described in such section 501(c)(4)
with gross annual revenues of less than $3,000,000
in such previous taxable year, including the amounts
of Federal funds received as a taxpayer subsidized
grant.
(6) An organization shall not be eligible for the
receipt of Federal funds constituting a taxpayer sub-
sidized grant if, in the previous Federal fiscal year,
such organization—
(A) received more than one-third of its an-
nual revenue in the form of taxpayer subsidized
grants; and
(B) expended on lobbying activities an
amount equal to or exceeding whichever of the
following amounts is less:
(i) $100,000; or
(ii) the amount determined by the for-
mula set forth in paragraph (7)(B).
(7) No taxpayer subsidized grant applicant or
taxpayer subsidized grantee, except an individual
person, may receive any taxpayer subsidized grant if
its expenditures for political advocacy for any one of
the previous five Federal fiscal years exceeded its
substantial political advocacy threshold. For pur-
poses of the application of this paragraph in the
•HJ 115 RDS
five-year period following the date of the enactment
of this Act, only the previous Federal fiscal years be-
ginning after September 30, 1995, shall be consid-
ered. For purposes of this title, the substantial polit-
ical advocacy threshold for a given Federal fiscal
year shall be whichever of the following amounts is
less:
(A) $1,000,000.
(B) The amount determined by the follow-
ing formula:
(i) Calculate the difference between
the taxpayer subsidized grant applicant’s
total expenditures made in a given Federal
fiscal year and the total taxpayer sub-
sidized grants it received in that Federal
fiscal year.
(ii) For the first $500,000 of the
amount calculated under clause (i), mul-
tiply by 0.20.
(iii) For the portion of the amount
calculated under clause (i) that is more
than 
$500,000, 
but 
not 
more 
than
$1,000,000, multiply by 0.15.
(iv) For the portion of the amount
calculated under clause (i) that is more
•HJ 115 RDS
than $1,000,000, but not more than
$1,500,000, multiply by 0.10.
(v) For the portion of the amount cal-
culated under clause (i) that is more than
$1,500,000, 
but 
not 
more 
than
$17,000,000, multiply by 0.05.
(vi) Calculate the sum of the products
described in clauses (ii) through (v).
(8) During any one Federal fiscal year in which
a taxpayer subsidized grantee, except an individual
person, has possession, custody or control of tax-
payer subsidized grant funds, such taxpayer sub-
sidized grantee shall not use any funds (whether de-
rived from taxpayer subsidized grants or otherwise)
to engage in political advocacy in excess of its sub-
stantial political advocacy threshold for the prior
Federal fiscal year.
(9) No taxpayer subsidized grantee may use
funds from any taxpayer subsidized grant to pur-
chase or secure any goods or services (including dues
and membership fees) from any other organization
whose expenditures for political advocacy for the
previous Federal fiscal year exceeded whichever of
the following amounts is greater:
(A) $25,000.
•HJ 115 RDS
(B) 15 percent of such other organization’s
total expenditures for such previous Federal fis-
cal year.
(10) The limitations imposed by paragraphs
(5), (7), and (8) shall not apply to any taxpayer sub-
sidized grant applicant or taxpayer subsidized grant-
ee for any Federal fiscal year if, during the preced-
ing Federal fiscal year, its total expenditures for po-
litical advocacy were less than $25,000.
(11) For purposes of applying the limitations
imposed by this subsection (other than paragraph
(4)), the members of an affiliated group of organiza-
tions (other than any member that does not receive
a taxpayer subsidized grant) shall be treated as one
organization.
(b) ENFORCEMENT OF TAXPAYER PROTECTIONS.—
The following enforcement provisions apply with respect
to the limitations imposed under subsection (a):
(1) Each taxpayer subsidized grantee shall be
subject to audit from time to time as follows:
(A) Audits may be requested and con-
ducted by the General Accounting Office or
other auditing entity authorized by Congress,
including the Inspector General of the Federal
•HJ 115 RDS
entity awarding or administering the taxpayer
subsidized grant.
(B) Taxpayer subsidized grantees shall fol-
low generally accepted accounting principles in
keeping books and records relating to each tax-
payer subsidized grant and no Federal entity
may impose more burdensome accounting re-
quirements for purposes of enforcing this title.
(C) A taxpayer subsidized grantee that en-
gages in political advocacy shall have the bur-
den of proving, by clear and convincing evi-
dence, that it is in compliance with the limita-
tions of this title.
(D) Audits pursuant to this subsection
shall be limited to the utilization, transfer, and
expenditure of Federal funds and the utiliza-
tion, transfer, and expenditure of any funds for
political advocacy.
(2) Violations by a taxpayer subsidized grantee
of the limitations contained in subsection (a) may be
enforced and the taxpayer subsidized grant may be
recovered in the same manner and to the same ex-
tent as a false or fraudulent claim for payment or
approval made to the Federal Government pursuant
•HJ 115 RDS
to sections 3729 through 3812 of title 31, United
States Code.
(3) Any officer or employee of the Federal Gov-
ernment who awards or administers funds from any
taxpayer subsidized grant to a taxpayer subsidized
grantee who is not in compliance with this section
shall—
(A) for knowing or negligent noncompli-
ance with this section, be subjected to appro-
priate administrative discipline, including, when
circumstances warrant, suspension from duty
without pay or removal from office; and
(B) for knowing noncompliance with this
section, pay a civil penalty of not more than
$5,000 for each improper disbursement of
funds.
(c) DUTIES
OF TAXPAYER SUBSIDIZED GRANT-
EES.—Any individual or organization that awards or ad-
ministers a taxpayer subsidized grant shall take reason-
able steps to ensure that the taxpayer subsidized grantee
complies with the requirements of this title. Reasonable
steps to ensure compliance shall include written notice to
a taxpayer subsidized grantee that it is receiving a tax-
payer subsidized grant, and that the provisions of this title
apply to the taxpayer subsidized grantee.
•HJ 115 RDS
(d) DEFINITIONS.—For purposes of this title:
(1) AFFILIATED ORGANIZATIONS.—Any two or-
ganizations shall be considered to be members of an
affiliated group of organizations if the organizations
meet any one or more of the following criteria:
(A) The governing instrument of one such
organization requires it to be bound by deci-
sions of the other organization on legislative is-
sues.
(B) The governing board of one such orga-
nization includes persons who—
(i) are specifically designated rep-
resentatives of the other such organization
or are members of the governing board, of-
ficers, or paid executive staff members of
such other organization; and
(ii) by aggregating their votes, have
sufficient voting power to cause or prevent
action on political advocacy issues by the
other such organization.
(C) The organizations—
(i) either use the same name or trade-
mark, or represent themselves as being af-
filiated; and
•HJ 115 RDS
(ii) coordinate their lobbying activities
or political advocacy.
(2) AGENCY ACTION.—The term ‘‘agency ac-
tion’’ includes the definition contained in section 551
of title 5, United States Code, and includes action
by State, local, or tribal government agencies. Such
term does not include any agency’s action that
grants an approval, license, permit, registration, or
similar authority, or that grants or recognizes an ex-
emption or relieves a restriction, on a case-by-case
basis.
(3) AGENCY PROCEEDING.—The term ‘‘agency
proceeding’’ includes the definition contained in sec-
tion 551 of title 5, United States Code, and includes
proceedings by State, local, or tribal government
agencies.
(4) INFLUENCE LEGISLATION OR AGENCY AC-
TION.—
(A) GENERAL RULE.—Except as otherwise
provided in subparagraph (B), the term ‘‘influ-
ence legislation or agency action’’ includes—
(i) any attempt to influence any legis-
lation or agency action through an attempt
to affect the opinions of the general public
or any segment thereof; and
•HJ 115 RDS
(ii) any attempt to influence any legis-
lation or agency action through commu-
nication with any member or employee of
a legislative body or agency, or with any
government official or employee who may
participate in the formulation of the legis-
lation or agency action.
(B) EXCEPTIONS.—The term ‘‘influence
legislation or agency action’’ does not include—
(i) making available the results of
nonpartisan analysis, study, research, or
debate;
(ii) providing technical advice or as-
sistance (where such advice would other-
wise constitute the influencing of legisla-
tion or agency action) to a governmental
body or to a committee or other subdivi-
sion thereof in response to a request by
such body or subdivision, as the case may
be;
(iii) communications between the tax-
payer subsidized grantee and its bona fide
members with respect to legislation, pro-
posed legislation, agency action, or pro-
posed agency action of direct interest to
•HJ 115 RDS
the taxpayer subsidized grantee and such
members, other than communications de-
scribed in subparagraph (C);
(iv) any communication with a govern-
mental official or employee, including any
such communication required to apply for,
administer, or execute a taxpayer sub-
sidized grant; other than—
(I) a communication with a mem-
ber or employee of a legislative body
or agency (where such communication
would otherwise constitute the influ-
encing of legislation or agency action);
or
(II) a communication the prin-
cipal purpose of which is to influence
legislation or agency action;
(v) official communications by employ-
ees of State, local, or tribal governments,
or by organizations whose membership
consists exclusively of State, local, or tribal
governments; and
(vi) participating in a particular activ-
ity that is specifically and explicitly di-
rected and sanctioned by an Act of Con-
•HJ 115 RDS
gress, and is specifically and explicitly ap-
proved in the contract or other agreement
under which the taxpayer subsidized grant
is made, except that such exception shall
not apply to any such contract or other
agreement that is first entered into after
the date of the enactment of this Act, is
renewed after such date, or is terminable
or amendable after such date at the option
of the government entity awarding or ad-
ministering such grant, unless such activity
is specifically and explicitly directed and
sanctioned by an Act of Congress enacted
after January 1, 1995.
(C) COMMUNICATIONS WITH MEMBERS.—
(i) A communication between a tax-
payer subsidized grantee and any bona fide
member of such organization to directly
encourage such member to communicate as
provided in subparagraph (A)(ii) shall be
treated as a subparagraph (A)(ii) commu-
nication by the taxpayer subsidized grantee
itself.
(ii) A communication between a tax-
payer subsidized grantee and any bona fide
•HJ 115 RDS
member of such organization to directly
encourage such member to urge persons
other than members to communicate as
provided in either clause (i) or (ii) of sub-
paragraph (A) shall be treated as a com-
munication 
described 
in 
subparagraph
(A)(i).
(5) LEGISLATION.—The term ‘‘legislation’’ in-
cludes the introduction, amendment, enactment, pas-
sage, defeat, ratification, or repeal of Acts, bills, res-
olutions, treaties, declarations, confirmations, arti-
cles of impeachment, or similar items by the Con-
gress, any State legislature, any local or tribal coun-
cil or similar governing body, or by the public in a
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-
•HJ 115 RDS
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;
(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
•HJ 115 RDS
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
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-
•HJ 115 RDS
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.
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;
•HJ 115 RDS
(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—
(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;
•HJ 115 RDS
(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.
(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
•HJ 115 RDS
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-
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.
•HJ 115 RDS
(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.
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
•HJ 115 RDS
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-
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-
•HJ 115 RDS
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
(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
•HJ 115 RDS
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:
ROBIN H. CARLE,
Clerk.
HJ 115 RDS——2
HJ 115 RDS——3
HJ 115 RDS——4