[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 115 Received in Senate (RDS)]







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, 
corporations, 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 applicable appropriations Act for the 
fiscal year 1995 for continuing projects or activities including the 
costs of direct loans and loan guarantees (not otherwise specifically 
provided 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 following appropriations Acts:
            The Departments of Commerce, Justice, and State, the 
        Judiciary, and Related Agencies Appropriations 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 Appropriations Act, 1996;
            The Foreign Operations, Export Financing, and Related 
        Programs Appropriations Act, 1996, notwithstanding section 10 
        of Public Law 91-672 and section 15(a) of the State Department 
        Basic Authorities Act of 1956;
            The Department of the Interior and Related Agencies 
        Appropriations Act, 1996;
            The Departments of Labor, Health and Human Services, and 
        Education, and Related Agencies Appropriations Act, 1996;
            The Legislative Branch Appropriations Act, 1996, H.R. 2492;
            The Department of Transportation Appropriations Act, 1996;
            The Treasury, Postal Service, and General Government 
        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 exceeding the current rate.
    (b) Whenever the amount which would be made available 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 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 
appropriations 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 applicable 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 appropriation, 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 1995: Provided, That where an item is funded in 
the applicable 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 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 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 Department 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 organization 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 appropriations, funds, or other authority were not available 
during 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 procurement funding for economic order quantity 
procurement 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 appropriations, funds, or other authority 
were not available during the fiscal year 1995.
    Sec. 105. No provision which is included in an appropriations 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 
applicable 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, appropriations and funds made 
available and authority granted pursuant to this joint resolution shall 
be available until (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 granted pursuant to 
this joint resolution shall cover all obligations 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 applicable 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 additional authorizing or other legislation shall 
be effective before the date set forth in section 106(c) of this joint 
resolution.
    Sec. 110. Appropriations and funds made available by or authority 
granted pursuant to this joint resolution 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 section 101 to a rate for operations not to exceed one that provides 
the minimal level that would enable existing activities to continue. 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. 
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 provided 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 programs 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 permitted 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 District 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 Office of Technology Assessment 
as contained in the Conference Report on the Legislative Branch 
Appropriations Act, 1996, House Report 104-212, shall be followed when 
applying the funding made available by this joint resolution.
    Sec. 117. Notwithstanding any other provision of this joint 
resolution, except section 106, any distribution of funding under the 
Rehabilitation Services and Disability 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 resolution bears to 
366.
    Sec. 118. Notwithstanding any other provision of this joint 
resolution, except section 106, the authorities provided under 
subsection (a) of section 140 of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (Public Law 103-236) shall remain in 
effect during the period of this joint resolution, notwithstanding 
paragraph (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 contained in Public Law 103-352, which fee rate and 
offsetting 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 Bureau of Mines.
    Sec. 121. Notwithstanding any other provision of this joint 
resolution, except section 106, funds for the Environmental 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 operations for projects 
and activities that would be funded under the heading ``International 
Organizations and Conferences, Contributions to International 
Organizations'' in the Departments of Commerce, Justice, and State, the 
Judiciary, 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 operations 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 Relations (except 
        that activities to carry out the provisions of Public Law 104-4 
        may continue);
            Interstate Commerce Commission;
            Pennsylvania Avenue Development Corporation;
            Land and Water Conservation Fund, State Assistance; and
            Office of Surface Mining Reclamation and Enforcement, 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 enrollment 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 subsection (a) applies shall be in such form as 
the Committee on House Oversight of the House of Representatives 
certifies to be a true enrollment.

SEC. 202. DEFINITIONS.

    As used in this joint resolution:
            (1) Continuing resolution.--The term ``continuing 
        resolution'' means a bill or joint resolution that includes 
        provisions making further continuing 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 ``reconciliation bill'' 
        means a bill that is a reconciliation bill within the meaning 
        of section 310 of the Congressional 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 
enactment of specific exceptions in subsequent Acts:
            (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 subsequent taxpayer subsidized grants to 
        any other individual or organization) other than to purchase or 
        secure goods or services, except as permitted by Congress in 
        the law authorizing the taxpayer subsidized 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 organization'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 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 subsidized grant if, 
        in the previous Federal fiscal year, such organization--
                    (A) received more than one-third of its annual 
                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 formula 
                        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 
        purposes of the application of this paragraph in the five-year 
        period following the date of the enactment of this Act, only 
        the previous Federal fiscal years beginning after September 30, 
        1995, shall be considered. For purposes of this title, the 
        substantial political 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 following 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 subsidized grants 
                        it received in that Federal fiscal year.
                            (ii) For the first $500,000 of the amount 
                        calculated under clause (i), multiply 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 than 
                        $1,000,000, but not more than $1,500,000, 
                        multiply by 0.10.
                            (v) For the portion of the amount 
                        calculated 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 taxpayer subsidized grant 
        funds, such taxpayer subsidized grantee shall not use any funds 
        (whether derived from taxpayer subsidized grants or otherwise) 
        to engage in political advocacy in excess of its substantial 
        political advocacy threshold for the prior Federal fiscal year.
            (9) No taxpayer subsidized grantee may use funds from any 
        taxpayer subsidized grant to purchase 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.
                    (B) 15 percent of such other organization's total 
                expenditures for such previous Federal fiscal year.
            (10) The limitations imposed by paragraphs (5), (7), and 
        (8) shall not apply to any taxpayer subsidized grant applicant 
        or taxpayer subsidized grantee for any Federal fiscal year if, 
        during the preceding Federal fiscal year, its total 
        expenditures for political 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 organizations (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 conducted by the 
                General Accounting Office or other auditing entity 
                authorized by Congress, including the Inspector General 
                of the Federal entity awarding or administering the 
                taxpayer subsidized grant.
                    (B) Taxpayer subsidized grantees shall follow 
                generally accepted accounting principles in keeping 
                books and records relating to each taxpayer subsidized 
                grant and no Federal entity may impose more burdensome 
                accounting requirements for purposes of enforcing this 
                title.
                    (C) A taxpayer subsidized grantee that engages in 
                political advocacy shall have the burden of proving, by 
                clear and convincing evidence, that it is in compliance 
                with the limitations of this title.
                    (D) Audits pursuant to this subsection shall be 
                limited to the utilization, transfer, and expenditure 
                of Federal funds and the utilization, 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 extent as a false or fraudulent claim for 
        payment or approval made to the Federal Government pursuant to 
        sections 3729 through 3812 of title 31, United States Code.
            (3) Any officer or employee of the Federal Government 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 noncompliance with 
                this section, be subjected to appropriate 
                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 Grantees.--Any individual or 
organization that awards or administers a taxpayer subsidized grant 
shall take reasonable 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 taxpayer subsidized grant, 
and that the provisions of this title apply to the taxpayer subsidized 
grantee.
    (d) Definitions.--For purposes of this title:
            (1) Affiliated Organizations.--Any two organizations 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 decisions of 
                the other organization on legislative issues.
                    (B) The governing board of one such organization 
                includes persons who--
                            (i) are specifically designated 
                        representatives of the other such organization 
                        or are members of the governing board, 
                        officers, 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 trademark, 
                        or represent themselves as being affiliated; 
                        and
                            (ii) coordinate their lobbying activities 
                        or political advocacy.
            (2) Agency action.--The term ``agency action'' 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 exemption or 
        relieves a restriction, on a case-by-case basis.
            (3) Agency proceeding.--The term ``agency proceeding'' 
        includes the definition contained in section 551 of title 5, 
        United States Code, and includes proceedings by State, local, 
or tribal government agencies.
            (4) Influence legislation or agency action.--
                    (A) General rule.--Except as otherwise provided in 
                subparagraph (B), the term ``influence legislation or 
                agency action'' includes--
                            (i) any attempt to influence any 
                        legislation or agency action through an attempt 
                        to affect the opinions of the general public or 
                        any segment thereof; and
                            (ii) any attempt to influence any 
                        legislation or agency action through 
                        communication 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 
                        legislation 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 
                        assistance (where such advice would otherwise 
                        constitute the influencing of legislation or 
                        agency action) to a governmental body or to a 
                        committee or other subdivision thereof in 
                        response to a request by such body or 
                        subdivision, as the case may be;
                            (iii) communications between the taxpayer 
                        subsidized grantee and its bona fide members 
                        with respect to legislation, proposed 
                        legislation, agency action, or proposed agency 
                        action of direct interest to the taxpayer 
                        subsidized grantee and such members, other than 
                        communications described in subparagraph (C);
                            (iv) any communication with a governmental 
                        official or employee, including any such 
                        communication required to apply for, 
                        administer, or execute a taxpayer subsidized 
                        grant; other than--
                                    (I) a communication with a member 
                                or employee of a legislative body or 
                                agency (where such communication would 
                                otherwise constitute the influencing of 
                                legislation or agency action); or
                                    (II) a communication the principal 
                                purpose of which is to influence 
                                legislation or agency action;
                            (v) official communications by employees 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 activity 
                        that is specifically and explicitly directed 
                        and sanctioned by an Act of Congress, and is 
                        specifically and explicitly approved 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 
                        administering 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 taxpayer 
                        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) communication by the 
                        taxpayer subsidized grantee itself.
                            (ii) A communication between a taxpayer 
                        subsidized grantee and any bona fide 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 subparagraph (A) shall be treated as a 
                        communication described in subparagraph (A)(i).
            (5) Legislation.--The term ``legislation'' includes the 
        introduction, amendment, enactment, passage, defeat, 
        ratification, or repeal of Acts, bills, resolutions, treaties, 
        declarations, confirmations, articles of impeachment, or 
        similar items by the Congress, any State legislature, any local 
        or tribal council or similar governing body, or by the public 
        in a referendum, initiative, constitutional amendment, recall, 
        confirmation, or similar procedure.
            (6) Lobbying activities.--The term ``lobbying activities'' 
        means political advocacy (as defined in paragraph (8)), other 
        than political advocacy relating 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, established or organized for 
        any purpose, and includes a corporation, company, association, 
        firm, partnership, 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 otherwise provided in 
        paragraph (4)(B), the term ``political advocacy'' includes--
                    (A) carrying on propaganda, or otherwise attempting 
                to influence legislation or agency action, 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 (including the 
                publishing or distributing of statements) any political 
                campaign on behalf of (or in opposition to) any 
                candidate for public office, 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;
                    (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 taxpayer 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 action 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 organization whose 
                expenditures for political advocacy for the previous 
                Federal fiscal year exceeded 15 percent of its total 
                expenditures for that Federal 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 following: 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 provision of funds to or 
        distribution of funds by an Article I or III court; nonmonetary 
        assistance provided by the Department of Veterans Affairs to 
        organizations approved or recognized under section 5902 of 
        title 38, United States Code; and the provision of grant and 
        scholarship funds to students for educational purposes.
            (10) Taxpayer subsidized grantee.--The term ``taxpayer 
        subsidized grantee'' includes any recipient of any taxpayer 
        subsidized grant. The term shall not include any State, local, 
        or tribal government, but shall include any recipient receiving 
        a taxpayer subsidized grant from a State, local, or tribal 
        government.

                        disclosure requirements

    Sec. 302. (a) In General.--Not later than December 31 of each year, 
each taxpayer subsidized grantee, except an individual person, shall 
provide (via either electronic 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 subsidized 
                grantee did not engage in political advocacy; or
                    (B) a statement that the taxpayer subsidized 
                grantee did engage in political advocacy, and setting 
                forth for each taxpayer subsidized grant--
                            (i) the taxpayer subsidized grant 
                        identification number;
                            (ii) the amount or value of the taxpayer 
                        subsidized grant (including all administrative 
                        and overhead costs awarded);
                            (iii) a brief description of the purpose or 
                        purposes for which the taxpayer subsidized 
                        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 
                        individual or organization to which the 
                        taxpayer 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 subsidized 
                        grantee's expenditures on political advocacy; 
                        and
                            (vii) a good faith estimate of the taxpayer 
                        subsidized grantee's substantial political 
                        advocacy threshold.
    (b) OMB Coordination.--The Office of Management and Budget shall 
develop by regulation one standardized 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 permanent 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 taxpayer subsidized grant shall 
submit to the Bureau of the Census a report (standardized by the Office 
of Management 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 written 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 
subsidized grantees to which notice was provided under section 301(c), 
annual report of a taxpayer subsidized grantee, 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 facilitated by placement of such 
documents in the Federal entity's public document reading room and also 
by expediting 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, except 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 application thereof 
to any person or circumstance is held invalid, the remainder of this 
title and the application of such provision to other persons and 
circumstances shall not be affected thereby.

                    first amendment rights preserved

    Sec. 306. Nothing in this title shall be deemed to abridge any 
rights guaranteed under the First Amendment of the United States 
Constitution, including freedom of speech, or of the press; or the 
right of the people peaceably 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 action, 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 previously 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 PREMIUM.

    (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 percentage 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 Social Security Act (42 U.S.C. 
1395x(s)(2)(Q)) is amended--
            (1) by striking ``(Q)'' and inserting ``(Q)(i)''; and
            (2) by striking the semicolon at the end and inserting ``, 
        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 follows through ``1861 (s)(2)(Q))'' and inserting 
``described 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.

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