[Congressional Record Volume 141, Number 192 (Tuesday, December 5, 1995)]
[Senate]
[Pages S18016-S18033]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. PRESSLER (for himself and Mr. Burns):
  S. 1445. A bill to authorize appropriations for the National Science 
Foundation, and for other purposes.


       THE NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 1995

  Mr. PRESSLER. Mr. President, today, as chairman of the Committee on 
Commerce, Science, and Transportation, I am introducing the National 
Science Foundation Authorization Act of 1995. The bill provides a 3-
year authorization for the science and education programs of the 
National Science Foundation [NSF]. Our economy, our quality of life, 
and our national security are increasingly dependent on our leadership 
in science and technology. Since its beginnings in 1950, the NSF has 
played a central role in maintaining that leadership through its 
research programs. In fact, NSF remains the principal source of funding 
for fundamental research at our Nation's academic institutions.
  While America is still doing well in science and technology, our 
leadership position is slipping. For example, while the U.S. leads the 
world in total dollars spent on research and development, both Japan 
and Germany currently outspend the United States as a percentage of 
GNP. Similarly, a recent study by the White House Office of Science and 
Technology Policy revealed the U.S. leads in 27 critical technologies, 
but Europe and Japan are catching up in many of those areas.
  There is little question that meeting these challenges in science and 
technology requires a strong and robust NSF. To that end, the 
legislation I am introducing today provides $3.2 billion for each of 
fiscal years 1996, 1997, and 1998 to allow NSF to continue its efforts 
to keep America at the forefront of basic research. In a fiscal 
environmental in which we are looking to eliminate entire agencies, 
this authorization bill reflects a strong commitment to basic science. 
The annual funding is only slightly below NSF's fiscal year 1995 
funding level. Moreover, the bill's funding authorizations for both the 
overall agency and its 

[[Page S 18017]]
major individual accounts correspond to the appropriations levels 
approved for NSF by the Senate in September.
  Mr. President, of the total NSF authorization, the bill authorizes 
$2.3 billion for the research and related activities account, the main 
source of NSF's research grants. This is roughly the same as the fiscal 
year 1995 funding level. NSF's research programs support important work 
in advanced materials, biotechnology, global climate studies, general 
science and math, and high performance computing. Many of the products 
and services we take for granted are the direct result of research 
funded by NSF grants.

  Within the Research Account, let me make special mention of one 
program: the Experimental Program to Stimulate Competitive Research 
[EPSCoR] at NSF. This program has been particularly helpful in 
strengthening the research capabilities of colleges in States that 
historically have been unable to effectively compete for Federal 
research opportunities. EPSCoR has been so successful at NSF that it 
has also been adopted at five other Federal science agencies, including 
NASA.
  To allow EPSCoR to continue its important work in our rural States, 
my bill provides an annual authorization of $46 million for the 
program. This is a 24-percent increase over its fiscal year 1995 level 
of $37 million. Unfortunately, when it comes to many Federal science 
programs, my home State of South Dakota and other rural States have had 
little, if any, involvement--either as participants or beneficiaries. 
These States, too, must be part of the technological revolution. In 
that regard, the National Science Foundation, through EPSCoR and other 
programs, has done a tremendous job of including rural States in that 
revolution.
  I should mention the bill funds EPSCoR out of the Research Account 
rather than its current funding source, the Education Account. This 
change is intended to encourage greater coordination and interaction 
between EPSCoR and the larger research programs.
  To further build on the successful EPSCoR concept, my bill authorizes 
$10 million a year for a new pilot program to provide research grants 
to partnerships formed by EPSCoR institutions and large research 
universities. This program will enable small schools participating in 
EPSCoR to graduate from the smaller EPSCoR science projects into larger 
mainstream programs by joining with a big brother research university 
like MIT. The large schools participating in the program stand to gain 
as well. The program would enable large schools to become more 
competitive by combining their talent, experience, and resources with 
those of their rural counterparts. In short, Mr. President, if 
approved, this program will help broaden and strengthen America's 
science and technology base.
  My bill also provides $599 million for the education account at NSF 
to help develop a new generation of scientists and engineers to tackle 
future scientific challenges and to ensure a technologically literate 
Nation. NSF's programs support educational activities reaching students 
at all levels in South Dakota and all across the Nation. Science 
education must be a national priority if we are to remain competitive 
in our increasingly global and technologically oriented marketplace. My 
bill's full funding for NSF's education programs indicates the high 
priority I place on science education.
  Finally, I note that my bill authorizes $100 million for the 
facilities program at NSF. Good science requires good research 
facilities. The NSF facilities program provides funding to enable our 
research institutions to renovate old facilities and buy up-to-date lab 
equipment so our scientists will have the proper tools and environment 
to conduct their studies.
  Mr. President, we in South Dakota are especially grateful for the 
work of NSF. Currently, NSF is supporting more than 50 research and 
education projects in South Dakota educational institutions ranging 
from elementary school to graduate school. These activities have been 
crafted to reflect the special expertise of those schools and 
universities as well as the particular needs of our region.
  For instance, NSF is supporting research at the South Dakota School 
of Mines and Technology designed to better understand and predict 
weather and climate to help our agriculture community. NSF also is 
funding several projects in South Dakota to improve the teaching of 
math and science at our schools. In September, for example, NSF began 
funding for a project designed to create degree programs in science, 
engineering, and mathematics at our tribal colleges. This important 
work must be allowed to continue.
  Mr. President, my bill will enable these and other NSF projects to 
move forward and to keep America strong in science and technology. I 
look forward to working with my colleagues to get this important 
legislation enacted.
  Mr. BURNS. Mr. President, today I stand with Senator Pressler as a 
cosponsor of the National Science Foundation Authorization Act of 1995 
(S. 1445). The National Science Foundation is an independent Federal 
agency that provides grants for basic research to colleges, 
universities, and nonprofit organizations. NSF supports research in the 
basic science and mathematic areas in addition to supporting 
precollege, undergraduate, and graduate students, as well as post-
doctoral associates. The foundation's support for basic research and 
science education is one major reason for our world leadership in 
science and technology.
  The bill authorizes the National Science Foundation to spend $3.2 
billion in fiscal years 1996, 1997, and 1998, which is 95 percent of 
the administration's budget request. The bill authorizes the 
Foundation's research and related activities at $2.3 billion and its 
education and human resources activities at $599 million each year.
  Our authorization includes a total of $56 million for the 
Experimental Program to Stimulate Competitive Research [EPSCoR] and 
related activities that have provided needed assistance for 
universities in rural States such as my State of Montana. The primary 
purpose of EPSCoR is to serve as a change agent and catalyst to develop 
a competitive research base in our rural areas. The development of this 
strong research base will in turn improve the quality of education we 
provide to our citizens at all levels, and generate spin-off 
technologies.
  The Bill also authorizes the National Science Foundation to spend 
$100 million each year for Academic Research Infrastructure. This 
activity provides grants to universities to upgrade and improve 
research and lab equipment and renovate facilities. Good research 
requires good facilities and good lab equipment. Full funding for this 
account will help to rebuild the U.S. academic institutions to 
facilitate the conduct of leading-edge research.
  Finally, this bill supports the Foundation's science education 
programs. Strengthening the math and science literacy of our young 
people is the only way to insure their involvement in our increasingly 
technological world. I am especially interested in activities aimed at 
K through 12 education. I also think it is important to take advantage 
of communications technology to make our educational system more 
effective, such as the distance learning/teacher enhancement projects 
at Montana State University developed to improve the skills of teachers 
in remote areas of the Northwest. In that connection, I sponsored 
language in the bill which establishes a pilot program at the 
Foundation to provide, in a competitive basis, financial support for 
States with two or more tribally-controlled community colleges. This 
assistance will establish interactive telecommunication systems at 
these colleges to enhance and improve their educational programs and 
curricula. These are the kinds of activities that we need to stress if 
our Nation is to remain competitive.
  Again, I would like to state my support for the National Science 
Foundation Authorization Act of 1995 and look forward to working with 
my colleagues to enact this legislation during this Congress.
                                 ______

      By Mr. McCAIN:
  S. 1446. A bill to amend the Inspector General Act of 1978 (5 U.S.C. 
App.) to establish an inspector general of the Administrative Office of 
the United States Courts, and for other purposes; to the Committee on 
the Judiciary.


the inspector general of the administrative office of the united states 
                           courts act of 1995

 Mr. McCAIN. Mr. President, today I am introducing legislation 
to establish 

[[Page S 18018]]
an inspector general within the Administrative Office of the United 
States Courts.
  The Administrative Office, commonly referred to as the AO, was 
established in 1939 to provide the Federal courts with administrative 
support. The office is in charge of the day-to-day operations of the 
Federal judiciary, including budgets, automation, security, and office 
space. The AO operates on a budget of $44 million and a staff of 900 
but coordinates the judiciary's budget of $2.7 billion and a staff of 
over 27,000 employees.
  While the AO employs a significant number of people and manages a 
sizable budget, it has no inspector general to promote efficiency 
within its programs. Many agencies within the executive branch, 
including those similar in size to the AO--such as the Smithsonian 
Institution, the Corporation of Public Broadcasting, the Corporation 
for National and Community Service, the EEOC, the OPM, the Nuclear 
Regulatory Commission, the Railroad Retirement Board, and the U.S. 
Information Agency--have inspector generals which provide the American 
public with a valuable service by conducting objective and independent 
oversight of agency activity.
  In the past, the Congress has been hesitant to require the AO, a 
judicial agency, to have an inspector general like executive agencies, 
in the effort to avoid even the appearance of encroaching on the 
separation of powers. However, I trust my colleagues will agree that 
the efficient and cost-effective use of taxpayer dollars is as 
important in the administration of the judiciary as it is in the 
executive branch. The establishment of an IG within the AO will help 
ensure the appropriate and efficient use of taxpayer dollars without 
unduly burdening or diminishing in any way the independence of the 
Judiciary.
  Mr. President, this legislation is not intended to be a harsh 
criticism of the AO. Certainly, the Administrative Office, like many 
other governmental agencies, has had its share of waste and 
inefficiency. My colleagues are aware of concerns I have expressed 
about the National Fine Center, which the AO is taking steps to 
rectify, and the Federal Courthouse Construction Program. I simply 
believe any bureaucracy with a large budget and many employees can 
benefit from independent oversight. However, I am certainly open to any 
suggestions about how this bill could be improved.
  I want to make clear that the inspector general at the AO would have 
no authority to review and report on matters involving the Federal 
courts' judicial decisions. Jurisdiction would be limited strictly to 
the administrative functions performed by the AO.
  Again, I believe this is a common sense, good Government piece of 
legislation which will enhance the cost-effective use of the taxpayer 
resources utilized to administer our Federal courts.
                                 ______

      By Ms. MIKULSKI (for herself, Mr. Kennedy, and Mr. Pryor):
  S. 1447. A bill to amend the Older Americans Act of 1965 to provide 
for Federal-State performance partnerships, to consolidate all 
nutrition programs under the Act in the Department of Health and Human 
Services, to extend authorizations of appropriations for programs under 
the Act through fiscal year 1998, and for other purposes; to the 
Committee on Labor and Human Resources.


               the older americans act amendments of 1995

 Ms. MIKULSKI. Mr. President, I introduce the Older Americans 
Act Amendments of 1995, which is the Clinton administration's proposal 
for the reauthorization of this critical legislative initiative.
  The Older Americans Act [OAA] celebrated its 30th anniversary this 
year and with it, a great number of accomplishments. The Older 
Americans Act, enacted in 1965, was the first program to focus on the 
community-based services for seniors. It articulates a comprehensive 
set of services, designed to meet the diverse needs of older persons. 
Implemented at state and local levels, these programs are critical to 
the health and well-being of millions of senior Americans in Maryland 
and throughout the United States.
  Now, the Congress is beginning the process of reauthorizing the Older 
Americans Act for another 3 to 5 years. As we seek a vision for the 
Older Americans Act in the 21st century, I believe we must assess all 
aspects of the program and look to the future needs of seniors and 
their families. This includes examination of the core elements of the 
act, being more realistic to streamlining the scope of services that 
the act provides, and allowing service providers to focus on improving 
the quality of those services.
  In an effort to expand the debate on the reauthorization of the Older 
Americans Act, I am introducing today the administration's proposal. 
This legislation combines consolidation of programs while encouraging 
greater flexibility in the delivery of services to seniors. While I am 
not in agreement with every aspect of this proposal, I do believe that 
it will contribute to the debate of this very important program.
  I look forward to collaborating with Senator Judd Gregg, our chairman 
of the Subcommittee on Aging and Senator Nancy Kassebaum, our chair of 
the Senate Labor and Human Resources Committee, as we work together 
with out Senate colleagues in reauthorizing the Older Americans Act. I 
am dedicated to seeing that the best of the Older Americans Act remains 
and thrives. I ask my colleagues to join me in this important effort.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1447

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; REFERENCES IN ACT; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Older 
     Americans Act Amendments of 1995''.
       (b) Reference.--Except as otherwise expressly provided in 
     this Act, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Older 
     Americans Act of 1965 (42 U.S.C. 3001 et seq.).
       (c) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; references in Act.

                   TITLE I--PERFORMANCE PARTNERSHIPS

Sec. 101. Responsibilities of Assistant Secretary.
Sec. 102. Funding of performance partnership administrative costs and 
              incentive awards.
Sec. 103. Responsibilities of States.
Sec. 104. Area plans: reorganization, streamlining, and incorporation 
              of performance partnerships.
Sec. 105. State plans: reorganization, streamlining, and incorporation 
              of performance partnerships.
Sec. 106. Effective date.

     TITLE II--OTHER AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965

                    Part A--Administration on Aging

Sec. 201. National Eldercare Locator Service.
Sec. 202. Authorization of appropriations.

             Part B--State and Community Programs on Aging

Sec. 211. Clarification concerning services to non-elderly.
Sec. 212. Coordination of services for individuals with disabilities 
              under area plans.
Sec. 213. Eligibility of older indians for services under area plans.
Sec. 214. State option for cost sharing.
Sec. 215. State option concerning consumer-director services.
Sec. 216. Transfer of funds between programs.
Sec. 217. Disaster relief.
Sec. 218. Nutrition services incentive program.
Sec. 219. Waivers of certain requirements for State programs.
Sec. 220. Consolidation of authorities for supportive services and 
              senior centers.
Sec. 221. Consolidation of authorities for nutrition services.
Sec. 222. Authorization of appropriations.

           Part C--Research, Development, and Demonstrations

Sec. 231. Revision of title IV.

        Part D--Community Service Employment for Older Americans

Sec. 241. Transfer of authority.
Sec. 242. Phased reduction of Federal share.
Sec. 243. Authorization of appropriations.

                  Part E--Grants for Native Americans

Sec. 251. Authorization of appropriations.

               Part F--Vulnerable Elder Rights Protection

Sec. 261. Assistance program for insurance and public benefits.
Sec. 262. Authorization of appropriations.

                      Part G--Technical Amendments

Sec. 271. Definitions.

                         Part H--Effective Date

Sec. 281. Effective date.

[[Page S 18019]]


               TITLE III--WHITE HOUSE CONFERENCE ON AGING

Sec. 301. White House Conference authorized.
Sec. 302. Conference administration.
Sec. 303. Policy Committee; related committees.
Sec. 304. Report of the Conference.
Sec. 305. Authorization of appropriations.
Sec. 306. Authorization of appropriations.

                   TITLE I--PERFORMANCE PARTNERSHIPS

     SEC. 101. RESPONSIBILITIES OF ASSISTANT SECRETARY.

       (a) Functions of Assistant Secretary.--Section 202(a)(3) is 
     amended by inserting before the semicolon ``, and to 
     negotiate performance partnership agreements with the States 
     under titles III and VII''.
       (b) Performance Partnerships.--Title II is amended by 
     inserting after section 202 the following new section:


                       ``performance partnerships

       ``Sec. 202A. (a) In General.--The Assistant Secretary shall 
     negotiate performance partnership agreements with States in 
     accordance with the provisions of this section.
       ``(b) Performance Objectives and Measures.--
       ``(1) Designation of objectives.--The Assistant Secretary, 
     in consultation (as appropriate) with the States, local 
     governments, tribal organizations, and other entities, shall 
     specify, by the end of September 1996 (and from time to time 
     revise, as needed), with respect to the goals specified in 
     sections 305A and 704A--
       ``(A) a list of performance partnership objectives to 
     accomplish the goals of each such section, and
       ``(B) a core set for each such section of objectives that 
     address needs of older Americans of national significance.
       ``(2) Elements of performance partnership objectives.--Each 
     performance partnership objective specified under paragraph 
     (1) shall include--
       ``(A) a performance indicator;
       ``(B) the specific population being addressed;
       ``(C) a quantifiable performance target; and
       ``(D) a date by which the target level is to be achieved.
       ``(3) General criteria for designation of objectives.--In 
     specifying the performance partnership objectives, the 
     Assistant Secretary shall be guided by the following 
     principles:
       ``(A) objectives should be closely related to the goals of 
     the section concerned, and be viewed as important by and 
     understandable to State policymakers and the general public;
       ``(B) actions taken under the partnership agreement should 
     be expected to have an impact on the objective;
       ``(C) measurable progress in achieving the objective should 
     be expected over the period of the grant;
       ``(D) objectives should be results-oriented, including a 
     suitable mix of outcome, process and capacity measures, and, 
     if an objective measures process or capacity, it should be 
     demonstrably linked to the achievement of a specified outcome 
     for older Americans; and
       ``(E) data to track the objective shall, to the extent 
     practicable, be comparable for all States, meet reasonable 
     statistical standards for quality, and be available in a 
     timely fashion, at appropriate periodicity, and at reasonable 
     cost, and, with respect to core objectives, shall include as 
     appropriate the data specified in section 202(a)(19), 
     collected in accordance with the uniform procedures 
     established pursuant to section 202(a)(29).
       ``(c) State Performance Partnership Proposal.--
       ``(1) In general.--In order to meet the requirements of 
     this subsection, a performance partnership proposal submitted 
     to the Assistant Secretary by a State agency under title III 
     or VII shall contain--
       ``(A) a list of one or more objectives (derived from the 
     performance partnership objectives specified under subsection 
     (b)) toward which the State will work and a performance 
     target for each objective which the applicant will seek to 
     achieve by the end of the partnership period (which shall be 
     coterminous by the period covered by the State plan under 
     section 307);
       ``(B) a rationale for the applicant's selection of its 
     objectives, including its performance targets, and 
     timeframes;
       ``(C) a statement of the applicant's strategies for 
     achieving the objectives over the course of the grant period;
       ``(D) a statement of the estimated amount to be expended to 
     carry out each strategy; and
       ``(E) an assurance that the State will report to the 
     Assistant Secretary, not later than 60 days after the end of 
     each fiscal year, on progress in the State toward 
     accomplishing core performance objectives specified under 
     subsection (b)(1)(B) (regardless of whether it is working 
     toward those objectives) and the specific objectives toward 
     which the State is working under the performance 
     partnership. A State may select an objective that is not a 
     specified performance partnership objective under 
     subsection (b)(1)(A) if it demonstrates to the Assistant 
     Secretary that the objective relates to a significant 
     concern of older Americans in the State that would not 
     otherwise be addressed appropriately (and that a suitable 
     performance indicator exists to measure progress toward 
     the objective).
       ``(2) Elements of State Proposals Relating to Special 
     Populations.--Each State proposal for a performance 
     partnership under title III or VII shall, as appropriate, 
     include objectives--
       ``(A) designed, in consultation with tribal governments (or 
     their representatives) to address the needs of older Indians 
     or Native Hawaiians within the State to ensure that an 
     appropriate and equitable share of State funding under such 
     title is used to meet such needs; and
       ``(B) designed to give priority to activities addressing 
     the needs of vulnerable older individuals in the State.
       ``(d) Negotiations and Adjustment.--
       ``(1) Initial Negotiations.--In the negotiations concerning 
     a proposed performance partnership agreement submitted under 
     this section, the Assistant Secretary shall--
       ``(A) consider the extent to which the State's proposed 
     objectives, performance targets, timeframes, and strategies 
     are likely to address appropriately the most significant 
     needs of older Americans (as measured by applicable 
     indicators) within the State, including the needs of 
     vulnerable populations, and
       ``(B) give particular consideration to the State's proposed 
     performance partnership in addressing progress toward the 
     core set of performance partnership objectives.
       ``(2) Adjustment.--The Assistant Secretary and a State may 
     at any time in the course of a performance partnership 
     renegotiate, and revise by mutual agreement, the elements of 
     the partnership agreement in light of new information or 
     changed circumstances (including information or changes 
     identified during assessments or on-site reviews under 
     subsection (e)).
       ``(e) Annual Assessments; Periodic On-Site Reviews.--
       ``(1) Assessments.--The Assistant Secretary shall assess 
     annually with respect to performance partnerships under such 
     titles III and VII, on the basis of the report submitted by a 
     State under subsection (c)(1)(E)--
       ``(A) the progress achieved nationally toward each of the 
     objectives in the core set of performance partnership 
     objectives; and
       ``(B) in consultation with each State, the State's progress 
     toward each objective agreed upon in the performance 
     partnership under such title.

     The Assistant Secretary shall make assessments publicly 
     available.
       ``(2) Periodic On-Site Reviews.--The Assistant Secretary 
     shall conduct an on-site review of each State's adherence to 
     its performance partnership agreement under title III or VII 
     not less often than every five years.
       ``(f) Incentive Awards for Effective Performance.--From 
     amounts reserved under section 304(a), the Assistant 
     Secretary may make an incentive award to any State 
     determined, on the basis of assessments or on-site reviews 
     under subsection (e) or other investigation, to have 
     performed effectively under a performance partnership 
     agreement under title III or VII and to have made significant 
     progress toward meeting core national objectives. Incentive 
     awards made to States shall be available only for use in 
     furnishing additional services under the State's agreement 
     under such title.''.
       (c) Definitions.--Section 102 is amended by adding at the 
     end the following new paragraph:
       ``(45)(A) The term `performance indicator' means a 
     quantifiable characteristic used as a measurement.
       ``(B) The term `performance target' means a numerical value 
     sought to be achieved within a specified period of time.''.

     SEC. 102. FUNDING OF PERFORMANCE PARTNERSHIP ADMINISTRATIVE 
                   COSTS AND INCENTIVE AWARDS.

       (a) State Administrative Costs Related to Performance 
     Partnerships.--Section 308 is amended by adding at the end 
     the following new subsection:
       ``(d) In addition to amounts otherwise available under this 
     section, each State may use, for costs relating to the 
     administration of performance partnerships under this title 
     and title VII, including costs of developing, negotiating, 
     administering, monitoring, evaluating, and reporting on 
     performance under, such partnerships, such additional amounts 
     from the allotment to the State under section 304 (not to 
     exceed 2 percent of such allotment) as the Assistant 
     Secretary may permit.''.
       (b) Set-Aside for Incentive Awards.--(1) In General.--
     Section 304 is amended--
       (1) by redesignating subsections (a) through (e) as 
     subsections (b) through (f); and
       (2) by inserting after ``Sec. 304.'' the following new 
     subsection:
       ``(a) Reservation of Funds for Performance Partnership 
     Incentive Awards.--From each of the sums appropriated under 
     section 303 for each fiscal year, the Assistant Secretary may 
     reserve up to 10 percent for performance incentive awards to 
     States in accordance with section 205(f).''.
       (2) Conforming Amendment.--Section 304(b), as redesignated 
     by subsection (a), is amended by striking ``from the sums 
     appropriated'' and inserting ``from the amounts remaining, 
     after application of subsection (a), from the sums 
     appropriated''.

     SEC. 103. RESPONSIBILITIES OF STATES.

       (a) Under Basic State Grants Program.--Title III is amended 
     by inserting after section 305 the following new section:


                       ``PERFORMANCE PARTNERSHIPS

       ``Sec. 305A. (a) Goals.--The goals of this section are for 
     the States and the Federal Government, working together in a 
     partnership, to accomplish the purposes specified in section 
     301(a).

[[Page S 18020]]

       ``(b) Performance Partnership as Element of State Plan.--In 
     order to be eligible to receive a grant from its allotment 
     under this title, except as provided in section 309(a), a 
     State shall propose to and negotiate with the Assistant 
     Secretary a performance partnership agreement in accordance 
     with the provisions of this section and section 202A, and 
     shall include such agreement as part of the State plan under 
     section 307.
       ``(c) Advisory Council.--The State shall establish an 
     Advisory Council, with members including representatives of 
     other State agencies administering programs serving the 
     elderly, private entities providing services under the State 
     plan, and older individuals (with appropriate efforts to 
     include members of minority groups), whose responsibilities 
     shall include--
       ``(1) reviewing and commenting on the State's proposed 
     performance partnership agreement under this section (and 
     such comments shall be included with the State plan 
     submission under section 307); and
       ``(2) evaluating and reporting on the State's performance 
     under the final agreement negotiated with the Assistant 
     Secretary.''.
       (b) Under Vulnerable Elder Rights Protection Program.--
     Title VII is amended by inserting after section 704 the 
     following new section:


                       ``performance partnerships

       ``Sec. 704A. (a) Goals.--The goals of this section are for 
     the States and the Federal Government, working together in 
     partnership, to protect the rights of vulnerable older 
     individuals and to prevent elder abuse, neglect, and 
     exploitation.
       ``(b) State Performance Partnership as Element of State 
     Plan.--In order to be eligible to receive a grant from its 
     allotment under this title, a State shall propose to and 
     negotiate with the Assistant Secretary a performance 
     partnership agreement in accordance with the provisions of 
     this section and section 202A, and shall include such 
     agreement as part of the State plan under section 307.
       ``(c) Advisory Council.--The responsibilities of the 
     advisory council established by the State pursuant to section 
     305A(c) State shall include--
       ``(A) reviewing and commenting on the State's proposed 
     performance partnership agreements under this title (and such 
     comments shall be included with the State plan submission 
     under section 307); and
       ``(B) evaluating and reporting on the State's performance 
     under the final agreement negotiated with the Assistant 
     Secretary under this title.''.
       (c) State Plan Requirement.--Section 307(a) is amended in 
     the first sentence by striking ``which meets such criteria'' 
     and inserting ``which includes the performance partnership 
     agreements under this title and title VII negotiated with the 
     Assistant Secretary under sections 202A, 305A, and 704A, and 
     meets such other criteria''.

     SEC. 104. AREA PLANS: REORGANIZATION, STREAMLINING, AND 
                   INCORPORATION OF PERFORMANCE PARTNERSHIPS.

       (a) Area Plan Requirements.--Section 306(a) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``Each such plan shall--'' and inserting ``Each such plan 
     shall comply with the following requirements:'';
       (2) in paragraph (1), to read as follows:
       ``(1) Services provided.--The plan shall provide for the 
     furnishing, through a comprehensive and coordinated system, 
     of services the need for which has been determined pursuant 
     to paragraph (3), and which are designed to meet the 
     performance objectives specified under paragraph (4), 
     including--
       ``(A) supportive services (including at least the service 
     specified in paragraph (2));
       ``(B) nutrition services; and
       ``(C) where appropriate, the establishment, maintenance, or 
     construction of multipurpose senior centers.'';
       (3) in paragraph (2)--
       (A) by inserting ``Priority Services.--The plan shall'' 
     after ``(2)'';
       (B) by striking ``section 307(a)(22)'' and inserting 
     ``section 307(a)(2)'';
       (C) by striking ``and specify annually in such plan, as 
     submitted or as amended'' and inserting ``and assurances that 
     the area agency will report annually to the State agency''; 
     and
       (D) by striking the semicolon at the end and inserting a 
     period;
       (4) by striking paragraphs (3) (designation of focal points 
     for service delivery in each community) and (4) (information 
     and assistance services);
       ``(5) by inserting after paragraph (2) the following new 
     paragraphs:
       ``(3) Determination of needs.--The plan shall provide for 
     determining the extent of need for the services specified in 
     paragraphs (1) and (2) in the area taking into consideration, 
     among other things--
       ``(A) the numbers of older individuals residing in such 
     area--
       ``(i) who have low incomes,
       ``(ii) who have greatest economic need (with particular 
     attention to individuals who are members of historically 
     disadvantaged groups),
       ``(iii) who have greatest social need (with particular 
     attention to individuals who are members of historically 
     disadvantaged groups), or
       ``(iv) who are Indians; and
       ``(B) the effectiveness of use of resources (including 
     efforts of volunteers and voluntary organizations) in meeting 
     such need.
       ``(4) Performance partnership objectives.--The plan shall 
     identify area objectives, for purposes of the performance 
     partnership required under sections 305A and 704A, on the 
     basis of the determinations under paragraph (3) (and 
     including objectives required under paragraph (5)), and shall 
     be amended as necessary to incorporate, as appropriate, the 
     objectives specified in the agreements negotiated by the 
     State agency under such sections 305A and 704A.'';
       (6) in paragraph (5)--
       (A) by inserting ``Objectives for services to older 
     individuals with greatest need.--The plan shall'' after 
     ``(5)''; and
       (B) by striking the semicolon at the end and inserting a 
     period;
       (7) in paragraph (6)--
       (A) by inserting ``Policy Development.--The plan shall--'' 
     after ``(6)'';
       (B) by striking subparagraphs (A) (evaluations and public 
     hearings) and (B) (technical assistance to providers);
       (C) by relocating and redesignating subparagraph (D) as 
     subparagraph (A);
       (D) by relocating and redesignating subparagraph (F) as 
     subparagraph (B);
       (E) by striking the semicolon at the end of subparagraph 
     (C) and inserting a period; and
       (F) by striking subparagraphs (E) (arrangements with 
     specified organizations), (G) (methods for determining 
     priority services), (H) (coordination among programs), (J) 
     (identification of protective services providers, (L) 
     (coordination of services for Alzheimer's patients), (M) 
     (coordination of mental health services), (O) (information on 
     higher education), (Q) (coordination with housing providers), 
     (R) (telephone listings of area agencies), and (S) 
     (coordination of transportation services);
       (8) by striking paragraphs (7) through (10) (assurances 
     that funds will be spent for the purposes awarded);
       (9) by striking subparagraphs (I) and (K) of paragraph (6) 
     (community-based long-term care services) and inserting after 
     paragraph (6) the following new paragraph:
       ``(7) Community-based long-term care services.--The plan 
     shall provide that the area agency will facilitate the 
     coordination of community-based, long-term care services 
     designed to enable older individuals to remain in their 
     homes, by means including--
       ``(A) development of case management services as a 
     component of the long-term care services, consistent with the 
     requirements of paragraph (8);
       ``(B) involvement of long-term care providers in the 
     coordination of such services; and
       ``(C) increasing community awareness of and involvement in 
     addressing the needs of residents of long-term care 
     facilities.'';
       (10) by relocating and redesignating paragraph (20) as 
     paragraph (8), and amending such paragraph by inserting 
     ``Provision of case management services.--The plan shall'' 
     after ``(8)'';
       (11) by redesignating paragraph (11) as paragraph (9), and 
     amending such paragraph--
       (A) by inserting ``Maintenance of effort for ombudsman 
     program.--The plan shall'' after ``(9)'';
       (B) by striking ``section 307(a)(12)'' and inserting 
     ``section 307(a)(9)''; and
       (C) by striking the semicolon at the end and inserting a 
     period;
       (12) by redesignating and relocating paragraph (6)(P) as 
     paragraph (10), and amending such paragraph--
       (A) by inserting ``Grievance procedure.--The plan shall'' 
     after ``(10)''; and
       (B) by striking the semicolon and inserting a period;
       (13) by striking paragraphs (6)(N), (18), and (19), and 
     inserting after paragraph (10) the following paragraph:
       ``(11) Services to native americans.--The plan shall 
     provide the following assurances concerning services to older 
     Native Americans:
       ``(A) If there is a significant population of older 
     individuals who are Indians in the area, the area agency will 
     pursue activities, including outreach, to increase access of 
     such individuals to programs and benefits under this title.
       ``(B) The area agency will, to the maximum extent 
     practicable, coordinate the services it provides under this 
     title with services provided under title VI.'';
       (14) by striking paragraph (12) (area option concerning 
     volunteer services coordinator);
       (15) by striking paragraphs (13) through (16) (description 
     of and assurances concerning activities of area agency); and
       (16) by redesignating paragraph (17) as paragraph (12) and 
     amending such paragraph--
       (A) by inserting ``Special menus in nutrition programs.--'' 
     after ``(12)'';
       (B) by striking ``section 307(a) (13) (G)'' and inserting 
     ``section 307(a) (10) (D)''; and
       (C) by striking the semicolon and inserting a period.
       (b) State Waivers.--Section 306(b) is amended--
       (1) by striking paragraph (2) (procedural requirements for 
     State agency waivers to area agencies); and
       (2) by striking ``(1)'' after ``(b)''.

     SEC. 105. STATE PLANS: REORGANIZATION, STREAMLINING, AND 
                   INCORPORATION OF PERFORMANCE PARTNERSHIPS.

       (a) State Plan Requirements.--Section 307(a) is amended--
       (1) by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) Area Plans and Performance Partnerships.--The plan 
     shall--

[[Page S 18021]]

       ``(A) require each area agency designated under section 
     305(a) (2) (A) to--
       ``(i) develop and submit to the State agency for approval, 
     in accordance with a uniform format developed by the State 
     agency, an area plan meeting the requirements of section 306 
     which specifies area objectives for purposes of performance 
     partnerships under sections 305A and 704A, as required by 
     section 306(a)(4); and
       ``(ii) amend such area plan as necessary to incorporate, as 
     appropriate, objectives specified in the performance 
     partnership agreements negotiated by the State agency under 
     such sections 305A and 704A;
       ``(B) be based on such area plans; and
       ``(C) include the performance partnership agreements 
     negotiated by the State agency with the Assistant Secretary 
     under such sections 305A and 704A.'';
       (2) by striking paragraphs (3) (A) (evaluation of need for 
     services), (9) (information and assistance services), and 
     (22) (funding shares for priority services), and amending 
     paragraph (2) to read as follows:
       ``(2) Determination of Service Needs.--The plan shall 
     provide that the State agency will--
       ``(A) evaluate, using uniform procedures under section 
     202(a) (29) the need for supportive services (including legal 
     assistance, information and assistance, and transportation 
     services), nutrition services, and multipurpose senior 
     centers within the State;
       ``(B) determine the extent to which existing public or 
     private programs and resources (including volunteers and 
     programs and services of voluntary organizations) meet such 
     need; and
       ``(C) specify a minimum percentage of the funds received by 
     each area agency for part B to be expended (unless waived by 
     the State agency under section 306(b)) by such area agency to 
     provide each of the categories of services specified in 
     section 306(a) (2).'';
       (3) by striking paragraphs (3)(B) (maintaining rural 
     funding), (29) and (37) (rural services and costs thereof), 
     and (33) (intra-State funding formula), and adding after 
     paragraph (2) the following new paragraph:
       ``(3) Intra-state funding requirements.--The plan shall--
       ``(A) shall include (and may not be approved unless the 
     Assistant Secretary approves) the statement and demonstration 
     required by paragraphs (2) and (4) of section 305 (d) 
     (concerning intra-State distribution of funds); and
       ``(B) with respect to services to older individuals 
     residing in rural areas--
       ``(1) provide assurances that the State agency will spend 
     for each fiscal year, under this title and titles V and VII, 
     not less than 105 percent of the amount so expended for 
     fiscal year 1978;
       ``(ii) identify, for each fiscal year under the plan, the 
     projected costs of providing such services (including the 
     cost of providing access to such services); and
       ``(iii) describe the methods used to meet the needs for 
     such services in the fiscal year preceding the first year to 
     which such plan applies.'';
       (4) by striking paragraph (4) (methods of administration, 
     personnel standards);
       (5) by striking paragraph (8) (evaluations and hearings) 
     and inserting after paragraph (3) the following paragraph:
       ``(4) Evaluations.--The plan shall provide that the State 
     agency will conduct periodic evaluations of, and public 
     hearings on, activities and projects carried out under the 
     State plan.'';
       (5) by striking paragraph (43) (grievance procedures) and 
     amending paragraph (5) (hearing for area agencies and 
     providers) to read as follows:
       ``(5) ``Hearings for Area Agencies and Providers; Grievance 
     Procedures.--The plan shall provide that the State agency 
     will--
       ``(A) afford an opportunity for a hearing upon request, in 
     accordance with published procedures, to any area agency 
     submitting a plan under this title, or to any provider of (or 
     applicant to provide) services under such a plan; and
       ``(B) issue guidelines applicable to grievance procedures 
     required by section 306(a)(10).'';
       (6) in paragraph (6), by inserting ``Reports:--'' after 
     ``(6)'';
       (7) in paragraph (7)--
       (A) by inserting ``Fiscal Controls.--'' after ``(7)''; and
       (B) by striking subparagraph (C);
       (8) by redesignating paragraph (10) as paragraph (8) and 
     amending such paragraph by inserting ``Restriction on Direct 
     Provision of Services.--'' after ``(8)'';
       (9) by striking paragraph (11) (hiring preference for older 
     individuals and individuals trained in field of aging);
       (10)(A) by redesignating paragraph (12) as paragraph (9), 
     and amending such paragraph--
       (i) by inserting ``Long-Term Care Ombudsman Program.--'' 
     after ``(9)''; and
       (ii) by adding before the period ``, and ``will expend for 
     such purpose not less than the total amount so expended by 
     the State agency in fiscal year 1991''; and
       (B) by striking paragraph (21);
       (11) by redesignating paragraph (13) as paragraph (10), and 
     amending such paragraph--
       (A) by inserting ``Nutrition Services.--'' after ``(10)'';
       (B) by striking subparagraphs (B) (primary consideration to 
     congregate meals), (D) (accessibility of congregate meal 
     site), (E) (outreach), (H) (grandfathered providers of home-
     delivered meals), and (M) (nonfinancial eligibility 
     criteria); and
       (B)(i) by inserting ``and'' at the end of subparagraph (K);
       (ii) by striking ``; and '' at the end of subparagraph (L) 
     and inserting a period; and
       (iii) by redesignating subparagraph (C) and the remaining 
     subparagraphs as subparagraphs (B) through (H);
       (12) by striking paragraph (14) (restrictions on use of 
     funds under the Act for acquisition, alteration, or 
     construction of facilities);
       (13) (A) by redesignating paragraph (15) as paragraph (11), 
     and amending such paragraph--
       (A) by inserting ``Legal assistance.--'' after ``(11)''; 
     and
       (B) (i) by striking ``and'' at the end of subparagraph (D); 
     and
       (ii) by striking the period at the end of subparagraph (E) 
     and inserting ``; and''; and
       (B) (i) by amending paragraph (18) by striking all that 
     precedes ``assign personnel'' and inserting ``the State 
     will''; and
       (ii) by relocating and redesignating such paragraph (18) as 
     paragraph (11)(F);
       (14) by redesignating paragraph (16) as paragraph (12), and 
     amending such paragraph by inserting ``Prevention of abuse.--
     '' after ``(12)'';
       (15) by striking paragraph (17) (in-service personnel 
     training);
       (16) by striking paragraph (19) (guarantees that area 
     agencies may give grants or contracts to providers of 
     education and training services);
       (17) by redesignating paragraph (20) as paragraph (13), and 
     amending such paragraph by inserting ``Older individuals of 
     limited english-speaking ability.--'';
       (18) by redesignating paragraph (23) as paragraph (14), and 
     amending such paragraph by inserting ``Special needs 
     populations.--'' after ``(14)'';
       (19) by redesignating paragraph (24) as paragraph (15), and 
     amending such paragraph by inserting ``Outreach.--'' after 
     ``(15)'';
       (20) by redesignating paragraphs (25) as paragraph (16), 
     and amending such paragraph by inserting ``Older individuals 
     with severe disabilities.--'' after ``(15)'';
       (21) by redesignating paragraph (26) as paragraph (17), and 
     amending such paragraph--
       (A) by inserting ``Community-based services.--(A) Long-term 
     care services.--'' after ``(26)''; and
       (B) by striking ``section 306(a)(6)(I)'' and inserting 
     ``section 306(a)(6)(D)'';
       (22) by relocating and redesignating paragraph (44) as 
     paragraph (17)(B);
       (23) by striking paragraph (27) (assurances concerning part 
     D in-home services program);
       (24) by striking paragraph (28) (assurances concerning part 
     E special needs program);
       (25) by redesignating paragraph (30) as paragraph (18), and 
     amending such paragraph by inserting ``Title vii program.--'' 
     after ``(18)'';
       (26) by striking paragraph (31) (State volunteer services 
     coordinator);
       (26) by redesignating paragraph (32) as paragraph (19), and 
     amending such paragraph by inserting ``Technical assistance 
     to providers.--'' after ``(19)'';
       (27) (A) by redesignating paragraph (34) as paragraph (20), 
     and amending such paragraph by inserting ``Older native 
     americans.--(A)'' after ``(34)''; and
       (B) by redesignating subparagraphs (A) and (B) of paragraph 
     (35) as clauses (i) and (ii), and redesignating and 
     relocating such paragraph (35) as subparagraph (B) of 
     paragraph (20);
       (28) by redesignating paragraph (36) as paragraph (21), and 
     amending such paragraph by inserting ``Case management 
     providers.--''after ``(21)'';
       (29) by striking paragraphs (38) and (39) (assurances 
     concerning use of funds);
       (30) by striking paragraph (40) (assurances concerning part 
     G program for in-home caretakers);
       (31) by striking paragraph (41) (efforts to coordinate 
     services and provide multigenerational activities); and
       (32) by striking paragraph (42) (coordination of 
     transportation services).

     SEC. 106. EFFECTIVE DATE.

       The amendments made by this title shall become effective 
     with respect to a State on the effective date of the first 
     State plan under section 307 of the Older Americans Act of 
     1965 that takes effect one year or later after the enactment 
     of this Act.

     TITLE II--OTHER AMENDMENTS TO THE OLDER AMERICANS ACT OF 1965

                    PART A--ADMINISTRATION OF AGING

     SEC. 201. NATIONAL ELDERCARE LOCATOR SERVICE.

       Section 202(a)(24) is amended to read as follows:
       ``(24) develop and operate, either directly or through 
     contracts, grants, or cooperative agreements, a National 
     Eldercare Locator Service, providing nationwide toll-free 
     information and assistance services to identify community 
     resources for older individuals;''.

     SEC. 202. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Federal Council on the Aging.--Section 204(g) is 
     amended by striking all that follows ``to carry out this 
     section'' and inserting ``$226,000 for fiscal year 1996 and 
     such sums as necessary for each of fiscal years 1997 and 
     1998.''.
       (b) Administration on Aging.--Section 215 is amended to 
     read as follows:
       ``Sec. 215. There are authorized to be appropriated, for 
     carrying out the responsibilities of the Administration on 
     Aging under this title--
       ``(1) for fiscal year 1996, $18,149,000, plus such 
     additional sums as may be necessary to 

[[Page S 18022]]
     carry out responsibilities with respect to programs under section 311 
     and title V transferred to the Administration on Aging by the 
     Older Americans Act Amendments of 1995, and
       ``(2) such sums as may be necessary for each of fiscal 
     years 1997 and 1998,

     of which up to $1,000,000 for each such fiscal year shall be 
     available for operation of the National Eldercare Locator 
     Service under section 202(a)(24).''.

             PART B--STATE AND COMMUNITY PROGRAMS ON AGING

     SEC. 211. CLARIFICATION CONCERNING SERVICES TO NONELDERLY.

       Section 301 is amended by adding at the end the following 
     new subsection:
       ``(d) Scope of Services; Use of Funds.--
       ``(1) Restricted use of resources under act.--Federal funds 
     paid to States under this title, and cash and in-kind 
     contributions required by section 304(e) (as redesignated by 
     section 102 of this Act) as the non-Federal share of 
     expenditures under this title, shall be used only for 
     activities and services to benefit older individuals and 
     other individuals as specifically provided in this title.
       ``(2) Restriction inapplicable to other resources.--Neither 
     paragraph (1) nor any other provision of this title shall be 
     construed to prohibit State or area agencies on aging from 
     engaging in activities or providing services to benefit 
     individuals not described in paragraph (1) using cash or in-
     kind resources from sources not described in paragraph (1).

     SEC. 212. COORDINATION OF SERVICES FOR INDIVIDUALS WITH 
                   DISABILITIES UNDER AREA PLANS.

       Section 306(a) (as amended by section 104 of this Act) is 
     further amended by inserting after paragraph (3) the 
     following new paragraph:
       ``(4) provide assurances that the area agency on aging will 
     coordinate planning, identification, assessment of needs, and 
     service for older individuals with disabilities, with 
     particular attention to individuals with severe disabilities, 
     with agencies that develop or provide services for 
     individuals with disabilities.''.

     SEC. 213. ELIGIBILITY OF OLDER INDIANS FOR SERVICES UNDER 
                   AREA PLANS.

       (a) Under Area Plans.--Section 306(a) (18) is amended by 
     inserting before the semicolon ``, including assurances that, 
     notwithstanding any provision of this Act restricting 
     eligibility for services to individuals aged 60 or older, it 
     will make services under the area plan available, to the same 
     extent as such services are available to older individuals 
     within the service area, to older Indians eligible for 
     services under an approved plan under title VI''.
        (b) Under Grants for Native Americans.--Sections 602, 611, 
     613, and 614 are each amended by striking ``individuals who 
     are'' each place it appears.

     SEC. 214. STATE OPTION FOR COST SHARING.

       (a) State Plan Requirement.--Section 307(a) (as amended by 
     section 105 of this Act) is further amended by adding at the 
     end the following new paragraph:
       ``(31) If the State elects to require cost sharing by 
     recipients of services under the State plan (or to require or 
     permit area agencies on aging to require cost sharing by 
     recipients of services under area plans), the plan shall--
       ``(A) provide that no cost sharing shall be required for--
       ``(i) information and assistance, outreach, or case 
     management services;
       ``(ii) ombudsman or other protective services; or
       ``(iii) congregate or home-delivered nutrition services; 
     and
       ``(B) (i) exempt from cost-sharing requirements individuals 
     with incomes below a low-income threshold set by the State, 
     and
       ``(ii) set cost-sharing rates for individuals with incomes 
     above such threshold on a sliding-fee scale based on 
     income.''.
       (b) Area Plan Requirement.--Section 306(a) (as amended by 
     section 104 of this Act) is further amended--
       (1) by striking the period at the end of paragraph (11) and 
     inserting a semicolon; and
       (2) by adding at the end the following new paragraph:
       ``(12) provide assurances that any requirements for cost-
     sharing by recipients of services under the plan will be 
     consistent with the provisions of the State plan under 
     section 307(a)(31)''.

     SEC. 215. STATE OPTION CONCERNING CONSUMER-DIRECTED SERVICES.

       Section 307(a) (as amended by sections 105 and 214 of this 
     Act) is further amended by adding at the end the following 
     new paragraph:
       ``(32) The plan shall specify--
       ``(A) whether (and if so, with respect to which supportive 
     or nutrition services) the State elects to permit area 
     agencies on aging--
       ``(i) to provide services to older individuals through 
     direct contracts with the individuals delivering such 
     services; or
       ``(ii) to provide vouchers or cash to older individuals to 
     permit such older individuals to contract with individuals or 
     entities for the delivery of such services (and, if so, 
     any requirements for the setting of payment rates or 
     amounts);
       ``(B) the qualifications and other requirements that must 
     be met by individuals and entities providing services under 
     such arrangements; and
       ``(C) whether (and, if so, the conditions under which) 
     services may be provided to an older individual by a family 
     member under such an arrangement.''.

     SEC. 216. TRANSFER OF FUNDS BETWEEN PROGRAMS.

       (a) Streamlining of General Rules.--Section 308(b) is 
     amended--
       (1) in paragraph (4)--
       (A) by striking ``(A)'' after ``(4)''; and
       (B) by striking subparagraph (B) (Assistant Secretary's 
     discretion to permit State to transfer additional amounts 
     between congregate and home-delivered meal programs); and
       (2) in paragraph (5) (authority to transfer funds between 
     nutrition and services programs), to read as follows:
       ``(5) Of the funds received by a State for a fiscal year 
     from funds appropriated under subsections (a)(1), and (b)(1) 
     and (2), of section 303, the State may elect to transfer not 
     more than 20 percent between programs under part B and part 
     C, for use as the State considers appropriate.
       (b) Waiver Authority.--For the Assistant Secretary's 
     authority to waive limitations on amounts transferable 
     between programs, see section 219 of this Act, adding a new 
     section 314.

     SEC. 217. AVAILABILITY OF DISASTER RELIEF FUNDS TO TRIBAL 
                   ORGANIZATIONS.

       Section 310 is amended--
       (1) in subsection (a)(1)--
       (A) by inserting ``(or to any tribal organization receiving 
     a grant under title VI)'' after ``any State''; and
       (B) by inserting ``(or used by such tribal organization)'' 
     before ``for the delivery of supportive services'';
       (2) in subsection (a)(2), by inserting ``and tribal 
     organizations'' after ``States''; and
       (3) in subsection (a)(3), by inserting ``or tribal 
     organization'' after ``State'' each place it appears; and
       (4) in subsections (b)(1) and (c,) by inserting ``and 
     tribal organizations'' after ``States''.

     SEC. 218. NUTRITION SERVICES INCENTIVE PROGRAM.

       (A) Establishment of Program.--Section 311, including the 
     heading thereof, is amended to read as follows:


                 ``NUTRITION SERVICES INCENTIVE PROGRAM

       ``Sec. 311. (a) Purpose.--The purpose of the program under 
     this section is to provide incentives to encourage and reward 
     effective performance by States and tribal organizations in 
     the efficient delivery of nutritious meals to older 
     Americans.
       ``(b) Payments to Tribal Organizations.--(1) Funding.--The 
     Assistant Secretary shall reserve 3 percent of the total 
     amount appropriated for a fiscal year under subsection (d) 
     for payment to tribal organizations in accordance with 
     paragraph (2).
       ``(2) Allotment and Payment.--The Assistant Secretary shall 
     allot and pay, to each tribal organization with a plan 
     approved under title VI for a fiscal year, an amount bearing 
     the same ratio to the total amount reserved under paragraph 
     (1) as the number of meals served by such tribal 
     organization, under such plan approved for the preceding 
     fiscal year, bears to the total number of meals served by all 
     tribal organizations under all such plans approved for such 
     preceding fiscal year.
       ``(c) Payments to States.--(1) Funding.--The Assistant 
     Secretary shall allot among the States for each fiscal year, 
     in accordance with paragraph (2), the balance of amounts 
     appropriated under subsection (d) remaining after application 
     of subsection (b).
       ``(2) Allotment and Payment.--The Assistant Secretary shall 
     allot and pay, to each State agency with a plan approved 
     under this title for a fiscal year, an amount bearing the 
     same ratio to the total amount reserved under paragraph (1) 
     as the number of meals served in the State, under such plan 
     approved for the preceding fiscal year, bears to the total 
     number of meals served in all States under all such plans 
     approved for such preceding fiscal year.
       ``(d) Authorization of Appropriations.--For carrying out 
     the purposes of this section, there are authorized to be 
     appropriated $151,250,000 for fiscal year 1996 and such sums 
     as may be necessary for each of fiscal years 1997 and 
     1998.''.
       (b) Elimination of Maintenance of Effort.--Section 339A is 
     repealed.

     SEC. 219. WAIVERS OF CERTAIN REQUIREMENTS FOR STATE PROGRAMS.

       (a) General Waiver Authority.--Part A of title III is 
     amended by adding at the end the following new section:


                               ``waivers

       ``Sec. 315. (a) In General.--The Assistant Secretary may 
     waive any of the provisions enumerated in subsection (b) with 
     respect to a State, upon application by the State agency 
     containing or accompanied by documentation sufficient to 
     establish, to the satisfaction of the Assistant Secretary, 
     that--
       ``(1) approval of the State legislature has been obtained 
     or is not required;
       ``(2) the State agency has consulted with area agencies on 
     aging with respect to the proposal for which waiver is 
     sought;
       ``(3) such proposal has been made available for public 
     review and comment within the State (and a summary of 
     comments received shall be included with the application); 
     and
       ``(4) the State agency has given adequate consideration to 
     the probable positive and negative consequences of approval 
     of the waiver application, and the probable benefits for 
     older individuals can reasonably be expected to outweight any 
     negative consequences, or particular circumstances in the 
     State otherwise justify the waiver.

[[Page S 18023]]

       ``(b) Requirements Subject to Waiver.--The provisions of 
     this title that may be waived under this section are--
       ``(1) any provisions of sections 305, 306, and 307 
     requiring statewide uniformity of programs under this title, 
     to the extent necessary to permit demonstrations, in limited 
     areas of a State, of innovative approaches to assist older 
     individuals;
       ``(2) any area plan requirement under section 306(a);
       ``(3) any State plan requirement under section 307(a);
       ``(4) any restriction, under section 308(b)(4) or (5), on 
     the amount that may be transferred between programs under 
     part B and part C, or between programs under subpart 1 and 
     subpart 2 of part C; and
       ``(5) all or any part of the reduction in allotment 
     required under section 309(c) with respect to a State which 
     reduces expenditures under its State plan (but only to the 
     extent that the non-Federal share of expenditures is 
     not reduced below any minimum specified in section 304(d) 
     or any other provision of this title.''.
       (b) Conforming Amendment.--Section 307(b) is amended--
       (1) by striking paragraph (2) (waiver of maintenance of 
     effort for rural areas); and
       (2) by striking ``(1)'' after ``(b)''.

     SEC. 220. CONSOLIDATION OF AUTHORITIES FOR SUPPORTIVE 
                   SERVICES AND SENIOR CENTERS.

       (a) Community-Based Care and Services.--Section 321(a)(5) 
     is amended by striking ``including'' and all that follows and 
     inserting ``including--
       ``(A) client assessment, case management, and development 
     and coordination of community services;
       ``(B) in-home services for frail older individuals 
     (including supportive services for victims of Alzheimer's 
     disease and related disorders with neurological and organic 
     brain dysfunction, and for the families of such individuals);
       ``(C) supportive activities to meet the special needs of 
     caregivers, including caretakers who provide in-home services 
     to frail older individuals;
       ``(D) in-home and other community services, including home 
     health, homemaker, shopping, escort, reader, and letter 
     writing services, to assist older individuals to live 
     independently in a home environment;''.
       (d) Disease Prevention and Health Promotion.--Section 
     321(a)(8) is amended by inserting ``disease prevention and 
     health promotion services and information, including'' after 
     ``(8)''.
       (c) General Authority.--Section 321(a)(22) is amended by 
     inserting ``necessary for the general welfare of older 
     individuals'' after ``any other services''.
       (d) Relocation of Definitions.--
       (1) Section 342 (definition of ``in-home services'') is 
     relocated and redesignated as paragraph (46) of section 102, 
     and is amended by striking ``For purposes of this part, the 
     term'' and inserting ``The term''.
       (2) Section 363 (definition of ``disease prevention and 
     health promotion services'') is relocated and redesignated as 
     paragraph (47) of section 102, and is amended by striking 
     ``For purposes of this part, the term'' and inserting ``The 
     term''.
       (e) Repeal of Superseded Authorities.--
       (1) Substantive authority.--Part D (In-Home Services for 
     Frail Older Individuals), part E (Additional Assistance for 
     Special Needs of Older Individuals), part F (Disease 
     Prevention and Health Promotion Services), and part G 
     (Supportive Activities for Caretakers Who Provide In-Home 
     Services to Frail Older Individuals) are repealed.
       (2) Authorization of appropriations.--(A) Repeals; 
     redesignation.--Section 303 is amended by striking subsection 
     (d), (e), (f), and (g), and by redesignating subsection (h) 
     as subsection (d).
       (B) Conforming amendment.--Sections 202(a)(24) and 
     304(b)(2) are each amended by striking ``303(h)'' and 
     inserting ``303(d)''.

     SEC. 221. CONSOLIDATION OF AUTHORITIES FOR NUTRITION 
                   SERVICES.

       (a) School/Based Meals as Congregate Nutrition Services.--
       (1) Section 331 is amended by inserting ``(a) In General.--
     ''after ``331.''.
       (2) Section 338(a) is relocated and redesignated as 
     subsection (b) of section 331, and is amended, in the matter 
     preceding paragraph (1), by striking all that precedes 
     ``projects'' and inserting instead the following:
       ``(b) School-Based Meals and Multigenerational Programs.--
     The State may include, in programs under this section,''.
       (b) Repeal of Superseded Authority.--
       (1) Substantive authority.--Part C of title III is amended 
     by striking subpart 3 and redesignating subpart 4 as subpart 
     3.
       (2) Authorization of appropriations.--Section 303(b)(3) is 
     repealed.

     SEC. 222. AUTHORIZATION OF APPROPRIATIONS.

       (a) Supportive Services and Senior Centers.--Section 
     303(a)(1) is amended by striking all that precedes ``for the 
     purpose'' and inserting ``There are authorized to be 
     appropriated $306,711,000 for fiscal year 1996 and such sums 
     as may be necessary for each of fiscal years 1997 and 
     1998,''.
       (b) Congregate Nutrition Services.--Section 303(b)(1) is 
     amended by striking all that precedes ``for the purpose'' and 
     inserting ``There are authorized to be appropriated 
     $375,809,000 for fiscal year 1996 and such sums as may be 
     necessary for each of fiscal years year 1997 and 1998,''.
       (c) Home-Delivered Nutrition Services.--Section 303(b)(2) 
     is amended by striking all that precedes ``for the purpose'' 
     and inserting ``There are authorized to be appropriated 
     $94,065,000 for fiscal year 1996 and such sums as may be 
     necessary for each of fiscal years 1997 and 1998,''.

           PART C--RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS

     SEC. 231. REVISION OF TITLE IV.

       Title IV is amended by striking all that follows the 
     heading of the title and inserting the following:


                         ``statement of purpose

       ``Sec. 401. (a) It is the purpose of this title to expand 
     the Nation's knowledge and understanding of aging and the 
     aging process; to design, test, and promote utilization of 
     innovative ideas and best practices in programs and services 
     for older individuals; to help meet the needs for trained 
     personnel in the field of aging; and to increase the 
     awareness of citizens of all ages of the need to assume 
     personal responsibility for their own aging through--
       ``(1) education and training to develop an adequately 
     trained work force to work with and on behalf of older 
     individuals;
       ``(2) research and policy analysis to improve access to and 
     delivery of services;
       ``(3) development of methods and practices to improve 
     quality and effectiveness of services;
       ``(4) demonstration of new approaches to design, delivery 
     and coordination of programs and services;
       ``(5) technical assistance on planning, development, 
     implementation, evaluation, and improvement of programs and 
     services under this Act; and
       ``(6) dissemination of information on aging issues, their 
     impact on individuals and society, and programs and services 
     benefiting older individuals.
       ``(b) Activities Given Special Attention.--The activities 
     supported under this title are intended to fulfill the 
     objectives for older Americans specified in section 101, with 
     special attention to the service and advocacy goals expressed 
     in section 301(a)(1) (A), (B), (C) and (D) and section 601, 
     and to the special population groups identified as vulnerable 
     and at risk throughout the Act.

                    ``PART A--EDUCATION AND TRAINING


                               ``purpose

       Sec. 410. The purpose of this part is to improve the 
     quality of service and to help meet critical shortages of 
     adequately trained personnel for programs in the field of 
     aging by activities including--
       ``(1) identifying work force training and development needs 
     in the field of aging;
       ``(2) developing a broad range of educational and training 
     programs and activities for professionals, paraprofessionals, 
     administrators, technicians and service workers;
       ``(3) encouraging recruitment, training and placement of 
     minority trainees in key positions within agencies and 
     organizations of the aging network;
       ``(4) improving academic gerontology training and education 
     programs to make them more responsive to changing 
     requirements;
       ``(5) increasing the capacity of aging planning and service 
     organizations to improve the performance of their staff and 
     other providers through training and other developmental 
     activities; and
       ``(6) improving the knowledge and skills of teachers, 
     instructors, trainers, guidance counselors and other 
     personnel development staff in aging concepts and workforce 
     opportunities and practices.


                         ``grants and contracts

       ``Sec. 411. (a) In General.--The Assistant Secretary may 
     make grants to any public or nonprofit private agency, 
     organization or institution, and may enter into contracts 
     with any agency, organization, institution, or individual, or 
     activities to achieve the purposes of this part, including--
       ``(1) development and improvement of multidisciplinary 
     education and training programs (including expansion and 
     improvement of curricula, instructional methods and 
     materials, faculty and teacher development, and program 
     administration) in academic institutions and other 
     educational organizations which prepare individuals for 
     employment in programs and occupations serving older 
     individuals;
       ``(2) development and improvement of continuing education 
     and in-service training opportunities for individuals already 
     working in the field of aging, including the personnel of 
     State offices, area agencies on aging, senior centers, and 
     nutrition, counseling, ombudsman, adult protective services, 
     and legal assistance programs; and
       ``(3) development of curriculum and guidance materials for 
     students in secondary and vocational schools to encourage 
     them to pursue employment and careers in the field of aging.
       ``(b) Projects Given Special Consideration.--To achieve the 
     purposes of this title, the Assistant Secretary shall give 
     special consideration to the support of projects that--
       ``(1) improve opportunities for career training activities 
     to ensure an adequate and competent workforce in aging;
       ``(2) increase the capacity of State and area agency and 
     non-profit service organizations to provide short-term in-
     service training to staff and volunteers;

[[Page S 18024]]

       ``(3) develop leadership knowledge and skills of managers 
     and administrators of organizations and agencies which plan, 
     advocate, and provide services to older individuals, through 
     workshops, seminars, and training institutes;
       ``(4) provide in-service training opportunities for program 
     directors and providers of services to older Indians under 
     title VI through grants to tribal and other nonprofit Indian 
     aging organizations; and
       ``(5) improve the training and preparation of the workforce 
     (including professionals, paraprofessionals and volunteers) 
     providing home and community services for older individuals 
     with physical and cognitive disabilities and mental health 
     disorders.

          ``PART B--RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS


                               ``purpose

       ``Sec. 420. The purpose of this part is to improve the 
     quality and efficiency of programs serving older individuals 
     through research and development projects, and demonstration 
     projects, designed to--
       ``(1) conduct research and policy analysis to--
       ``(A) develop and synthesize knowledge about aging 
     programs, practices and policies from multidisciplinary 
     perspectives; and
       ``(B) assess the effectiveness of services and practices 
     designed to improve access to and delivery of service 
     programs; and
       ``(2) develop, test, and evaluate innovative planning, 
     advocacy, and service practices and programs.


                  ``research and development projects

       ``Sec. 421. (a) In General.--The Assistant Secretary may 
     make grants to any public or nonprofit private agency, 
     organization, or institution, and may enter into contracts 
     with any agency, organization, institution, or individual for 
     research or policy analysis related to the purposes of this 
     part, including development of practices, assessment 
     instruments, and applications involving--
       ``(1) use of technology for planning and delivery of 
     services; and
       ``(2) use of interactive communication systems and 
     assistive devices to maintain or increase the independence of 
     older individuals.
       ``(b) Consultation and Collaboration With Other Federal 
     Agencies.--The Assistant Secretary may consult with, and may 
     enter into formal agreements with, other Federal agencies 
     supporting aging research and development activities, 
     including agreements involving interagency transfer of funds 
     to support collaborative research activities consistent with 
     the conditions specified in section 451(b).


                        ``demonstration projects

       ``Sec. 422. (a) In General.--The Assistant Secretary may 
     make grants to any public agency or nonprofit private 
     organization or enter into contracts with any agency or 
     organization to design, test and demonstrate new approaches 
     to planning and delivery of supportive services, nutrition 
     services and other activities to maintain or increase the 
     independence and improve the quality of life of older 
     individuals.
       ``(b) Projects Given Priority Consideration.--The Assistant 
     Secretary shall give priority consideration to funding the 
     following projects under this section:
       ``(1) Community services for functionally impaired 
     individuals.--Planning, development, and implementation of 
     new approaches to delivery of home and community-based 
     supportive services for older individuals with disabilities 
     limiting their ability to perform activities of daily living, 
     including projects involving coordination and integration of 
     such services with those for nonelderly individuals with 
     similar disabilities, including approaches that--
       ``(A) promote individual choice in the selection of 
     services;
       ``(B) eliminate access barriers for populations with 
     greatest need;
       ``(C) reduce or eliminate duplication and fragmentation of 
     services;
       ``(D) strengthen the quality, efficiency, and cost-
     effectiveness of non-profit service providers;
       ``(E) improve the quality and effectiveness of personnel of 
     public and private entities involved in service delivery; and
       ``(F) develop cooperative relationships with private 
     entities to increase the effective use of available public 
     and private resources.
       ``(2) Prevention of crime, violence, and abuse.--Planning, 
     development, implementation, and evaluation of comprehensive 
     community, State, and tribal models designed to prevent 
     crime, violence and abuse against the elderly which include--
       ``(A) public education on prevention for older individuals;
       ``(B) supportive services for older individuals who have 
     been victimized;
       ``(C) improvements in information and data reporting 
     systems;
       ``(D) coordination of public and private sector services 
     and resources; and
       ``(E) in-service and cross-service training of personnel in 
     criminal justice, health, mental health, law enforcement, 
     social and protective services, and aging and advocacy 
     service systems.
       ``(c) Additional Projects.--The Assistant Secretary may 
     support under this section any project designed to achieve 
     the purposes of this part, including the following:
       ``(1) Comprehensive community services to individuals at 
     risk of losing independence.--Projects to assist older 
     individuals at risk of losing their independence without 
     assistance in accomplishing activities of daily living, 
     including those disabled by Alzheimer's Disease and related 
     disorders, physical disability, mental illness or emotional 
     stress, and developmental disabilities, through comprehensive 
     State and community model programs for such supportive 
     services to such individuals, their families and caregivers, 
     including--
       ``(A) in-home health care;
       ``(B) social and medical adult day care;
       ``(C) homemaker aides and personal care attendants;
       ``(D) transportation to and from community health, mental 
     health and social service facilities;
       ``(E) respite care, caregiver education, training, and 
     counseling and other supportive services for primary 
     caregivers of persons with Alzheimer's Disease, physical and 
     developmental disabilities, or other serious functional 
     impairments; and
       ``(F) information and referral, outreach, counseling and 
     other services to increase access to appropriate medical, 
     nutritional, and supportive services.
       ``(2) Housing services.--Projects addressing the special 
     housing needs of older individuals by activities including--
       ``(A) developing programs to enable or assist older 
     homeowners--
       ``(i) to maintain their residences through repairs or 
     renovations, and
       ``(ii) to increase their physical safety through structural 
     modifications or alterations and installation of security 
     devices;
       ``(B) studying and demonstrating methods of adapting 
     existing housing, or construction of new housing, to meet the 
     needs of older individuals with functional impairments;
       ``(C) coordinating counseling services with those available 
     to residents of Federal and State assisted housing facilities 
     with high concentrations of older residents;
       ``(D) developing information, counseling and referral 
     programs for older renters and homeowners on housing options, 
     including eligibility requirements; application processes; 
     financing; and legal rights and responsibilities of tenancy 
     and restricted ownership, including foreclosure and 
     eviction.
       ``(3) Education and training.--Projects to provide 
     education and training to older individuals designed to 
     enable them to lead more productive lives through development 
     and demonstration of--
       ``(A) older adult literacy programs, including use of peer 
     tutoring;
       ``(B) pre-retirement counseling and education programs; and
       ``(C) older adult occupational training and employment 
     placement and counseling activities not currently supported 
     under title V or programs administered by the Department of 
     Labor.
       ``(4) Transportation services.--Projects to improve and 
     develop transportation systems which--
       ``(A) increase access of older individuals, especially low-
     income individuals and those living in rural areas, to 
     community services essential to independent living;
       ``(B) provide low-cost commuter transportation for in-home 
     personal care aides serving functionally impaired older 
     individuals in under-served public transit areas; and
       ``(C) provide assisted transportation services for frail 
     and disabled older individuals.
       ``(5) Volunteer opportunities.--Projects developed in 
     conjunction with the Corporation for National and Community 
     Service to develop--
       ``(A) innovative opportunities for older volunteers to 
     fulfill community needs which are not being met by existing 
     programs (including volunteer programs), including 
     opportunities to provide--
       ``(i) multigenerational services addressing the needs of 
     youth and children; and
       ``(i) peer support and home and community services to other 
     older individuals with functional impairments or otherwise at 
     risk of losing their ability to live independently; and
       ``(B) innovative multigenerational volunteer programs 
     affording opportunities for children, youth, and adults to 
     serve unmet needs of functionally impaired older individuals 
     regardless of their living situation.
       ``(6) Health-related services.--Projects to demonstrate 
     effective home and community rehabilitative, health and 
     mental health promotion, and disease prevention activities 
     for older individuals at risk of losing their ability to live 
     independently.
       ``(7) Consumer protection.--Projects to develop innovative 
     approaches to consumer protection for older individuals in 
     home and community settings, addressing consumer rights and 
     protections relating to auto, health, life, and other 
     insurance policies; mortgages, leases, and similar property 
     and housing rights; and personal loans and other financial 
     transactions.

                           ``Part C--Centers


                               ``purpose

       ``Sec. 431. The purpose of this part is to improve the 
     quality of services available to older individuals through 
     multi-function, multi-disciplinary centers and other cross-
     cutting activities as resources for planners, administrators, 
     policy-makers and providers in the field of aging.


        ``functions of grantees and contractors; advisory boards

       ``Sec. 432. (a) Functions.--Grantees and contractors under 
     this part shall, as appropriate, perform the following 
     functions:
       ``(1) evaluate, analyze, and report on program policies and 
     practices to assess their effectiveness in meeting the needs 
     and improving the quality of life of older individuals and 
     their families and caregivers;

[[Page S 18025]]

       ``(2) compile, select, and make available research, 
     evaluation and demonstration findings which provide useful 
     guidance in determining the needs of older individuals and 
     improving practices in the field of aging;
       ``(3) develop strategies and models to improve the quality, 
     efficiency, and effectiveness of service programs and 
     activities;
       ``(4) develop technical assistance and training materials 
     and participate in workshops, conferences and events which 
     promote transfer of useful information and practices;
       ``(5) sponsor activities which enhance the education and 
     training of a competent workforce in the field of aging;
       ``(6) assist other grantees conducting demonstration or 
     pilot projects under the Act by providing documentation, 
     assessment, and other assistance in the planning and 
     implementation of such pilot projects; and
       ``(7) conduct information dissemination activities in 
     coordination with such activities of the National Aging 
     Information Center.
       ``(b) Advisory Boards.--Each center supported by a grant 
     under this part shall establish an advisory board which--
       ``(1) shall provide policy guidance with respect to the 
     planning and conduct of activities under such grant; and
       ``(2) whose members shall include representatives of--
       ``(A) State and area agencies on aging;
       ``(B) appropriate national, State, and local service 
     organizations; and
       ``(C) other groups as appropriate.


                         ``grants and contracts

       ``Sec. 433. (a) National Centers Providing Support to 
     Administrators of Grant Programs.--(1) In general.--The 
     Assistant Secretary may make grants to or enter into 
     contracts with any public or non-profit private entities, for 
     the purpose of operating national centers serving primarily 
     as informational resources to State and area agencies 
     administering programs under titles III and VII, tribal 
     organizations and other organizations administering programs 
     under title VI, and providers of services under such 
     programs.
       ``(2) Functions of centers.--Centers funded under this 
     subsection shall focus on selected subject-matter areas 
     (including all policy and program issues, such as 
     development, delivery, financing, and coordination of 
     services, concerning such subject-matter area) relating to 
     programs under titles III, VI, and VII, and may include 
     centers such as those focusing on the following program 
     areas:
       ``(A) Comprehensive home and community-based services, 
     including long-term care services, intended to enable 
     functionally impaired elderly to remain in their homes and 
     communities.
       ``(B) Nutrition services, including congregate and home-
     delivered meals, dietary standards, and related matters.
       ``(C) Information and referral services.
       ``(D) Older Native Americans, including individuals living 
     in tribal and in non-tribal areas.
       ``(E) Legal assistance.
       ``(3) National ombudsman and elder abuse centers.--Funds 
     available under this subsection may be used, to the extent 
     the Assistant Secretary finds necessary, to support the 
     activities of the National Ombudsman Resource Center under 
     section 202(a)(21) and the activities of the National Center 
     on Elder Abuse under section 202(d).
       ``(b) National Education and Training Centers.--(1) In 
     general.--The Assistant Secretary may make grants to or enter 
     into contracts with any public or non-profit private 
     entities, for the purpose of operating national centers to 
     encourage leadership and improve education, training, and 
     employment practices for the workforce needed to plan, 
     administer and provide services under this Act, and to 
     promote policy discussion and development to prepare the 
     Nation for the increased and changing demands of its aging 
     population.
       ``(2) Functions of centers.--Centers funded under this 
     subsection may include--
       ``(A) multidisciplinary academic centers of gerontology to 
     conduct applied research, education, training, technical 
     assistance and dissemination activities with special 
     attention to human resource and development issues affecting 
     special population groups; and
       ``(B) a national leadership institute on aging to develop 
     and conduct training activities for executive managers and 
     senior officials of government and non-profit agencies, 
     voluntary groups, professional associations, and other 
     organizations responsible for planning, financing, and 
     providing programs and services for older individuals.
       ``(c) Cross-Cutting Policy Centers.--(1) In general.--In 
     addition to the grants and contracts authorized under 
     subsections (a) and (b), the Assistant Secretary may make 
     grants to or enter into contracts with any public or non-
     profit private entities, for research, policy analysis, 
     technical assistance, information dissemination or training 
     activities, as appropriate on any area or areas of broad 
     national interest (including social, economic, health, mental 
     health, and environmental issues) affecting older 
     individuals.
       ``(2) Issues addressed.--Issues that may be addressed under 
     a grant under this subsection include--
       ``(A) broad societal issues addressed in section 101, 
     including transportation, housing, employment, income 
     security, public safety, health, and mental health; and
       ``(B) concerns of special population groups among older 
     individuals, including low income, older women, rural 
     elderly, minorities, and disabled populations.

       ``Part D--Information Dissemination and Related Activities


                               ``purpose

       ``Sec. 441. (a) In General.--The purpose of this part is to 
     improve the quality, efficiency, availability, and 
     accessibility of services for older individuals through 
     support of information dissemination and utilization 
     activities which--
       ``(1) collect, preserve, and disseminate, publish, or 
     otherwise make available relevant materials concerning 
     matters such as research and demonstration findings, and 
     training and technical assistance materials;
       ``(2) synthesize, publish, and disseminate information 
     concerning completed projects under this title which are of 
     demonstrated value, including--
       ``(B) technical assistance and training in the 
     implementation and adaptation of project methods; and
       ``(C) the development of additional materials which 
     increase the awareness and acceptance of such project 
     results;
       ``(3) locate, publicize, and make available practical self-
     help information for older individuals and their families and 
     encourage development of appropriate public education 
     activities;
       ``(4) support conferences, forums, and other meetings 
     designed to identify, disseminate and promote utilization of 
     research findings, policy practices, and best practices; and
       ``(5) provide technical assistance to grantees under this 
     title and other recipients of support under this Act on the 
     design, development and promotion of products and information 
     materials.
       ``(b) Coordination with Other Information Sources.--
     Activities supported under this part will be coordinated with 
     the information dissemination activities of Centers 
     authorized under part C and other Federal information 
     clearinghouses and document repositories.


                         ``grants and contracts

       ``Sec. 442. (a) In General.--The Assistant Secretary may 
     make grants to any public agency or non-profit private 
     organization or enter into contracts with any agency or 
     organization for activities to carry out the purposes of this 
     part, including the following:
       ``(1) activities of the National Aging Information Center 
     established under section 202(e).
       ``(2) sponsorship and co-sponsorship with other Federal 
     agencies and other public and private organizations of 
     national and regional conferences and other meetings which 
     disseminate discretionary project findings and information 
     related to issues and concerns affecting the well-being of 
     older individuals; and
       ``(3) A National Academy on Aging to serve as a forum for 
     policy analysis and debate on current and emerging issues and 
     for informing policy officials and the public about such 
     issues.

                      ``Part E--General Provisions


                   ``authorization of appropriations

       ``Sec. 451. (a) Authorization.--There are authorized to be 
     appropriated to carry out the provisions of title $44,384,000 
     for fiscal year 1996, and such sums as necessary for each of 
     fiscal years 1997 and 1998.
       ``(b) Restrictons.--No funds appropriated under this 
     title--
       ``(1) may be transferred to any office or other authority 
     of the Federal Government which is not directly responsible 
     to the Assistant Secretary, unless those funds are used for 
     purposes authorized under this title in accordance with 
     conditions specified by formal inter-agency agreements with 
     other Federal agencies;
       ``(2) may be used for any program or activity which is not 
     specifically authorized by this title (except as specifically 
     authorized by this Act); or
       ``(3) may be combined with funds appropriated under any 
     other Act if the purpose of combining funds is to make a 
     single discretionary grant or a single discretionary payment, 
     unless such funds appropriated under this title are 
     separately identified in such grant or payment and are used 
     for the purposes of this title.


                          ``payment of grants

       ``Sec. 452. (a) Contributions by Grantees and 
     Contractors.--To the extent the Assistant Secretary deems 
     appropriate, the Assistant Secretary shall require the 
     recipient of any project grant or contract under this title 
     to contribute money, facilities, or services for carrying out 
     the project for which such grant or contract is made.
       ``(b) Method of Payment.--Payments under this title 
     pursuant to a grant or contract may be made (after necessary 
     adjustment, in the case of grants, on account of previously 
     made overpayments or underpayments) in advance or by way of 
     reimbursement, and in such installments and on such 
     conditions, as the Assistant Secretary may determine.


                            ``administration

       ``Sec. 453. (a) Administration on Aging.--In order to carry 
     out the provisions of this title effectively, the Assistant 
     Secretary shall administer this title through the 
     Administration on Aging.
       ``(b) Assistance From Other Agencies.--In carrying out the 
     provisions of this title, the Assistant Secretary may request 
     the technical assistance and cooperation of other agencies 
     and departments of the Federal Government as may be 
     appropriate.

[[Page S 18026]]

       ``(c) Outreach to Applicants.--The Assistant Secretary 
     shall ensure that applications from agencies, organizations, 
     and institutions representing minorities, are encouraged in 
     the writing of grant proposal solicitations and contract 
     requests for proposals.
       ``(d) Consultation.--The Assistant Secretary shall, in 
     developing priorities, consistent with the requirements of 
     this title, for awarding grants under this title, consult 
     with State agencies on aging, area agencies on aging, 
     recipients of grants under title VI, institutions of higher 
     education, organizations representing beneficiaries of 
     services under this Act, and other organizations and 
     individuals with expertise in aging issues.
       ``(e) Evaluations and Reports.--The Assistant Secretary 
     shall ensure that grants and contacts awarded under this 
     title--
       ``(1) conduct evaluations and prepare reports indicating 
     their benefit to older individuals, and to programs under 
     this Act; and
       ``(2) comply with the requirements under this Act.
       ``(f) Report to Congress.--The Assistant Secretary shall 
     submit, to the Speaker of the House of Representatives and 
     the President pro tempore of the Senate, a report for each 
     fiscal year that describes activities for which funds were 
     provided under this title including--
       ``(1) an abstract describing the purpose and activities of 
     each grant or contract awarded or continued;
       ``(2) the name and address of the organizational recipient;
       ``(3) the name and affiliation of the project director;
       ``(4) the period of project performance; and
       ``(5) the amount of Federal funds awarded in the fiscal 
     year on which the report is made.
       ``(g) External Review.--The Assistant Secretary shall 
     establish by regulation and implement an external review 
     process to evaluate applications for discretionary grant 
     awards under this title.''.

        PART D--COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

     SEC. 241. TRANSFER OF AUTHORITY.

       (a) In General.--Section 502(a) is amended by striking 
     ``Secretary of Labor (hereinafter in this title referred to 
     as the `Secretary')'' and inserting ``Assistant Secretary''.
       (b) Transfer of Contracts, Grants, Etc.--
       (1) In general.--There are transferred from the Department 
     of Labor to the Department of Health and Human Services any 
     contracts, grants, records, and unexpended balances of 
     appropriations, authorizations, allocations, and other funds 
     employed, held, or used in connection with or arising from 
     the administration of the program under title V of the Older 
     Americans Act of 1965.
       (2) Interagency arrangements.--The Secretaries of Labor and 
     Health and Human Services shall enter into and implement such 
     arrangements as they find reasonable and necessary for the 
     orderly transfer of such program in accordance with this 
     section.
       (3) Continuation of Regulations, Grants, Contracts, Etc.--
     All rules, regulations, administrative directives, grants, 
     contracts, and other determinations and agreements in effect 
     under such title V on the effective date of this section 
     shall remain in effect until modified, terminated, suspended, 
     set aside, or repealed by the Secretary of Health and Human 
     Services or the Assistant Secretary. References to the 
     Secretary of Labor in such determinations and agreements 
     shall be considered references to the Secretary of Health and 
     Human Services or the Assistant Secretary for Aging, as 
     appropriate.
       (4) Continuation of Audits.--Audits relating to such title 
     V pending on the effective date of this section shall be on 
     the effective date of this section shall be unaffected by the 
     enactment of this section.
       (5) Continuation of Suits.--Judicial proceedings and 
     proceedings before administrative law judges under or with 
     respect to such title V pending on the effective date of this 
     section shall be unaffected by the enactment of this section, 
     except that the Secretary of Health and Human Services and 
     the Assistant Secretary for Aging shall be substituted for 
     the Secretary of Labor as parties to such proceedings.
       (c) Conforming Amendments.--
       (1) Section 502(b) (1) (P) is amended by striking 
     ``Department of Labor'' and inserting ``Department of Health 
     and Human Services''.
       (2) Section 502(c)(1) is amended by striking ``Health and 
     Human Services'' and inserting ``Labor''.
       (3) Section 503(a)(1) is amended by striking ``the 
     Secretary shall, through the Assistant Secretary for Aging,'' 
     and inserting ``the Assistant Secretary shall''.
       (4) Section 503(a)(2) is amended by striking ``The 
     Secretary of Labor and the Assistant Secretary for Aging'' 
     and inserting ``The Assistant Secretary''.
       (5) Section 503(b)(1) is amended--
       (A) in the first sentence, by striking ``The Secretary'' 
     and inserting ``The Assistant Secretary and the Secretary of 
     Labor''; and
       (B) in the second sentence--
       (i) by striking ``The Secretary'' and inserting ``The 
     Assistant Secretary'', and
       (ii) by striking ``by the Assistant Secretary for Aging,''.
       (6) Section 505(a) is amended--
       (A) by striking ``The Secretary'' and inserting ``The 
     Assistant Secretary''; and
       (B) by striking ``the Assistant Secretary for Aging'' and 
     inserting ``the Secretary of Labor''.
       (7) Section 505(b) is amended by striking ``Secretary of 
     Health and Human Services'' and inserting ``Secretary of 
     Labor''.
       (8) Title V is further amended throughout by striking 
     ``Secretary'' each place it appears (except where preceded by 
     ``Assistant'' or followed by ``of'') and inserting 
     ``Assistant Secretary''.

     SEC. 242. PHASED REDUCTION OF FEDERAL SHARE.

       Section 502(c) is amended--
       (1) in paragraph (1), by striking ``90 percent'' and 
     inserting ``the Federal share, as specified in paragraph 
     (2),'';
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4); and
       (3) by adding after paragraph (1) the following new 
     paragraph:
       ``(2) the Federal share, for purposes of this subsection, 
     shall be--
       ``(A) 90 percent for fiscal year 1996,
       ``(B) 89 percent for fiscal year 1997,
       ``(C) 87.5 percent for fiscal year 1998,
       ``(D) 86.5 percent for fiscal year 1999, and
       ``(E) 84 percent for fiscal year 2000 and each succeeding 
     fiscal year.''.

     SEC. 243. AUTHORIZATION OF APPROPRIATIONS.

       Section 508(a) is amended to read as follows:
       ``(a) There are authorized to be appropriated to carry out 
     this title such sums as may be necessary for each of fiscal 
     years 1996, 1997, and 1998.''.

                  PART E--GRANTS FOR NATIVE AMERICANS

     SEC. 251. AUTHORIZATION OF APPROPRIATIONS.

       Section 633(a) is amended by striking all that precedes 
     ``to carry out this title'' and inserting ``There are 
     authorized to be appropriated $18,402,000 for fiscal year 
     1996, and such sums as may be necessary for each of fiscal 
     years 1997 and 1998''.

               PART F--VULNERABLE ELDER RIGHTS PROTECTION

     SEC. 261. ASSISTANCE PROGRAM FOR INSURANCE AND PUBLIC 
                   BENEFITS.

       (a) Clarification of Implementation Options.--Section 
     741(d) is amended by adding at the end the following new 
     sentence: ``If the State elects to award funds under this 
     section to area agencies on aging or other local entities, it 
     shall give priority to local areas which have high 
     concentrations of older individuals with greatest economic or 
     social need, and in which outreach activities, application 
     assistance, and benefits counseling are inadequate.''.
       (b) Repeal of Inconsistent Provision.--Section 705(a) is 
     amended--
       (1) by adding ``and'' at the end of paragraph (6);
       (2) by striking paragraph (7); and
       (3) by redesignating paragraph (8) as paragraph (7).

     SEC. 262. AUTHORIZATION OF APPROPRIATIONS.

       (a) Ombudsman Program.--Section 702(a) is amended by 
     striking all that follows ``chapter 2,'' and inserting 
     $4,449,000 for fiscal year 1996, and such sums as may be 
     necessary for each of fiscal years 1997 and 1998.''.
       (b) Prevention of Elder Abuse, Neglect, and Exploitation.--
     Section 702(b) is amended by striking all that follows 
     ``chapter 2,'' and inserting $6,232,000 for fiscal year 1996, 
     and such sums as may be necessary for each of fiscal year 
     1997 and 1998.''.
       (c) State Elder Rights and Legal Assistance Development 
     Program.--Section 702(c) is amended by striking all that 
     follows ``chapter 4,'' and inserting such sums as may be 
     necessary for each of fiscal years 1996, 1997, and 1998.''.
       (d) Outreach, Counseling, and Assistance Program.--Section 
     702(d) is amended by striking all that follows ``chapter 5,'' 
     and inserting $1,976,000 for fiscal year 1996, and such sums 
     as may be necessary for each of fiscal years 1997 and 
     1998.''.
       (e) Native American Programs.--Section 751(d) is amended by 
     striking all that follows ``this section,'' and inserting 
     ``such sums as may be necessary for each of fiscal years 
     1996, 1997, and 1998.''.

                      PART G--TECHNICAL AMENDMENTS

     SEC. 271. DEFINITIONS.

       (a) Relocation, Reordering, and Redesignation of 
     Definitions.--
       (1)(A) Paragraphs (1) and (2) of section 302 are relocated 
     and redesignated as paragraphs (48) and (49) of section 102.
       (B) Paragraph (3) of section 302 is repealed.
       (2)(A) Section 102(5) is amended by inserting ``(A)'' after 
     ``(5)''.
       (B) Section 102(6) is amended--
       (i) by striking ``(A)'' and ``(B)'' and inserting ``(i)'' 
     and ``(ii)''; and
       (ii) by striking ``(6)'' and inserting ``(B)''.
       (C) Section 102(7) is amended by striking ``(7)'' and 
     inserting ``(C)''.
       (3)(A) Section 102(8) is amended--
       (i) by striking the subparagraph designations ``(A)'' 
     through ``(H)'' and inserting clause designations ``(i)'' 
     through ``(viii); and
       (ii) by inserting ``(A)'' after ``(8)''.
       (B) Section 102(9) is amended--
       (i) by striking the subparagraph designations ``(A)'' and 
     ``(B)'' and inserting the clause designations ``(i)'' and 
     ``(ii)''; and
       (ii) by striking ``(9)'' and inserting ``(B)''.
       (4) The paragraphs of section 102 are reordered in 
     alphabetical order by term defined, and renumbered 
     accordingly.

                         PART H--EFFECTIVE DATE

     SEC. 281. EFFECTIVE DATE.

       Except as otherwise specifically provided, the amendments 
     made by this title shall become effective October 1, 1995.

[[Page S 18027]]


               TITLE III--WHITE HOUSE CONFERENCE ON AGING

     SEC. 301. WHITE HOUSE CONFERENCE AUTHORIZED.

       (a) Authority to Call Conference.--Not later than December 
     31, 2005, the President shall convene the White House 
     Conference on Aging in order to develop recommendations for 
     additional research and action in the field of aging which 
     will further the policy set forth in subsection (b).
       (b) Planning and Direction.--The Conference shall be 
     planned and conducted under the direction of the Secretary in 
     cooperation with the Assistant Secretary for Aging and the 
     heads of such other Federal departments and agencies as are 
     appropriate. Such assistance may include the assignment of 
     personnel.
       (c) Purpose of the Conference.--The purpose of the 
     Conference shall be--
       (1) to increase the public awareness of the interdependence 
     of generations and the essential contributions of older 
     individuals to society for the well-being of all generations:
       (2) to identify the problems facing older individuals and 
     the commonalities of the problems with problems of younger 
     generations;
       (3) to examine the well-being of older individuals, 
     including the impact the well-being of older individuals has 
     on our aging society;
       (4) to develop such specific and comprehensive 
     recommendations for executive and legislative action as may 
     be appropriate for maintaining and improving the well-being 
     of the aging;
       (5) to develop recommendations for the coordination of 
     Federal policy with state and local needs and the 
     implementation of such recommendations; and
       (6) to review the status and multigenerational value of 
     recommendations adopted at previous White House Conferences 
     on Aging.
       (d) Conference Participants and Delegates.--
       (1) Participants.--In order to carry out the purposes of 
     this section, the Conference shall bring together--
       (A) representatives of Federal, State, and local 
     governments,
       (B) professional and lay people who are working in the 
     field of aging, and
       (C) representatives of the general public, particularly 
     older individuals.
       (2) Selection of delegates.--The delegates shall be 
     selected without regard to political affiliation or past 
     partisan activity and shall, to the best of the appointing 
     authority's ability, be representative of the spectrum of 
     thought in the field of aging. Delegates shall include 
     individuals who are professionals, individuals who are 
     nonprofessional, minority individuals, and individuals from 
     low-income families. A majority of delegates shall be aged 55 
     or older.

     SEC. 302. CONFERENCE ADMINISTRATION.

       (a) Administration.--In administering this section, the 
     Secretary shall--
       (1) provide written notice to all members of the Policy 
     Committee of each meeting, hearing, or working session of the 
     Policy Committee not later than 48 hours before the 
     occurrence of such meeting, hearing, or working session,
       (2) request the cooperation and assistance of the heads of 
     such other Federal departments and agencies as may be 
     appropriate in the carrying out of this section,
       (3) furnish all reasonable assistance, including financial 
     assistance, to State agencies on aging and to area agencies 
     on aging, and to other appropriate organizations (including 
     organizations representing older Indians), to enable them to 
     organize and conduct conferences and other activities in 
     conjunction with the Conference (including activities in 
     advance of the Conference, as part of the process of planning 
     for the Conference, and activities subsequent to the 
     Conference in connection with dissemination, discussion, and 
     implementation of recommendations of the Conference);
       (4) make available for public comment a proposed agenda, 
     prepared by the Policy Committee, for the Conference which 
     will reflect to the greatest extent possible the major issues 
     facing older individuals consistent with the provisions of 
     subsection (a),
       (5) prepare and make available background materials for the 
     use of delegates to the Conference which the Secretary deems 
     necessary, and
       (6) engage such additional personnel as may be necessary to 
     carry out the provisions of this section without regard to 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service, and without regard 
     to chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates.
       (b) Duties.--The Secretary shall, in carrying out the 
     Secretary's responsibilities and functions under this 
     section, and as part of the White House Conference on Aging, 
     ensure that--
       (1) the conferences under subsection (a)(3) shall--
       (A) include a conference on older Indians to identify 
     conditions that adversely affect older Indians, to propose 
     solutions to ameliorate such conditions, and to provide for 
     the exchange of information relating to the delivery of 
     services to older Indians, and
       (B) be so conducted as to ensure broad participation of 
     older individuals,
       (2) the agenda prepared under subsection (a)(4) for the 
     Conference is published in the Federal Register not later 
     than 30 days after such agenda is approved by the Policy 
     Committee, and the Secretary may republish such agenda 
     together with the recommendations of the Secretary regarding 
     such agenda,
       (3) the personnel engaged under subsection (a)(5) shall be 
     fairly balanced in terms of points of views represented and 
     shall be appointed without regard to political affiliation or 
     previous partisan activities,
       (4) the recommendations of the Conference are not 
     inappropriately influenced by any appointing authority or by 
     any special interest, but will instead be the result of the 
     independent judgement of the Conference, and
       (5) current and adequate statistical data, including 
     decennial census data, and other information on the well-
     being of older individuals in the United States are readily 
     available, in advance of the Conference, to the delegates of 
     the Conference, together with such information as may be 
     necessary to evaluate Federal programs and policies relating 
     to aging. In carrying out this paragraph, the Secretary is 
     authorized to make grants to, and enter into cooperative 
     agreements with, public agencies and nonprofit private 
     organizations.
       (c) Gifts.--The Secretary may accept, on behalf of the 
     United States, gifts (in cash or in kind, including voluntary 
     and uncompensated services), which shall be available to 
     carry out this title. Gifts of cash shall be available in 
     addition to amounts appropriated to carry out this title.
       (d) Records.--The Secretary shall maintain records 
     regarding--
       (1) the sources, amounts, and uses of gift accepted under 
     subsection (c); and
       (2) the identity of each person receiving assistance to 
     carry out this title, and the amount of such assistance 
     received by each such person.

     SEC. 303. POLICY COMMITTEE; RELATED COMMITTEES.

       (a) Policy Committee.--
       (1) Establishment.--There is established a Policy Committee 
     comprised of 25 members to be selected, not later than 90 
     days after the enactment of the Older Americans Act of 1995, 
     as follows:
       (A) Presidential appointees.--13 members shall be selected 
     by President and shall include--
       (i) 3 members who are officers or employees of the United 
     States; and
       (ii) 10 members with experience in the field of aging, who 
     may include representatives of public aging agencies, 
     institution-based organizations, and minority aging 
     organizations, and shall include a member of the Federal 
     Council on the Aging.
       (B) House appointees.--4 members shall be selected by the 
     Speaker of the House of Representatives, after consultation 
     with the Minority Leader of the House of Representatives, and 
     shall include members of the Committee on Economic and 
     Educational Opportunities and the Committee on Ways and Means 
     of the House of Representatives. Not more than 3 members 
     selected under this subparagraph may be associated or 
     affiliated with the same political party,
       (C) Senate appointees.--4 members shall be selected by the 
     Majority Leader of the Senate, after consultation with the 
     Minority Leader of the Senate, and shall include members of 
     the Committee on Labor and Human Resources and the Special 
     Committee on Aging of the Senate. Not more than 3 members 
     selected under this subparagraph may be associated or 
     affiliated with the same political party.
       (D) Joint appointees.--4 members shall be selected jointly 
     by the Speaker of the House of Representatives and the 
     Majority Leader of the Senate, after consultation with the 
     minority leaders of the House and Senate, and shall include 
     representatives with experience in the field of aging, who 
     may include representatives described in subsection 
     (a)(1)(A)(ii). Not more than 2 members selected under this 
     subparagraph may be associated or affiliated with the same 
     political party.
       (2) Duties of the policy committee.--The Policy Committee 
     shall initially meet at the call of the Secretary, but not 
     later than 30 days after the last member is selected under 
     subsection (a). Subsequent meetings of the Policy Committee 
     shall be held at the call of the chairperson of the Policy 
     Committee. Through meetings, hearings, and working sessions, 
     the Policy Committee shall--
       (A) make recommendations to the Secretary to facilitate the 
     timely convening of the Conference;
       (B) formulate and approve a proposed agenda for the 
     Conference not later than 60 days after the first meeting of 
     the Policy Committee;
       (C) make recommendations for participants and delegates of 
     the Conference;
       (D) establish the number of delegates to be selected under 
     section 301(d)(2); and
       (E) formulate and approve the initial report of the 
     Conference in accordance with section 304.
       (3) Quorum; committee voting; chairperson.--
       (A) Quorum.--13 members shall constitute a quorum for the 
     purpose of conducting the business of the Policy Committee, 
     except that 17 members shall constitute a quorum for purposes 
     of approving the agenda required by paragraph (2)(B) and the 
     report required by paragraph (2)(E).
       (B) Voting.--The Policy Committee shall act by the vote of 
     the majority of the members present.
       (C) Chairperson.--The President shall select a chairperson 
     from among the members of the Policy Committee. The 
     chairperson may vote only to break a tie vote of the other 
     members of the Policy Committee.

[[Page S 18028]]

       (b) Other Committees.--The Secretary may establish such 
     other committees, including technical committees, as may be 
     necessary to assist in the planning, conducting, and 
     reviewing of the Conference.
       (c) Composition of Committees.--Each committee established 
     under subsection (b) shall be composed of professionals and 
     public members, and shall include individuals from low-income 
     families, and individuals who are Native Americans. 
     Appropriate efforts shall be made to include individuals who 
     are members of minority groups. A majority of the public 
     members of each such committee shall be 55 years of age or 
     older.
       (d) Compensation.--Appointed members of any such committee 
     (other than any officers or employees of the Federal 
     Government), while attending conferences or meetings of the 
     committee or otherwise serving at the request of the 
     Secretary, shall be entitled to receive compensation at a 
     rate to be fixed by the Secretary, but not to exceed the 
     daily prescribed rate for GS-18 under section 5332 of 
     title 5, United States Code (including travel time). While 
     away from their homes or regular places of business, such 
     members may be allowed travel expenses, including per diem 
     in lieu of subsistence, as authorized under section 5708 
     of such title for persons employed intermittently in 
     Federal Government service.

     SEC. 304. REPORT OF THE CONFERENCE.

       (a) Proposed Report.--A proposed report of the Conference, 
     which shall include a statement of comprehensive coherent 
     national policy on aging together with recommendations for 
     the implementation of the policy, shall be published and 
     submitted to the chief executive officers of the States not 
     later than 90 days following the date on which the Conference 
     is adjourned. The findings and recommendations included in 
     the published proposed report shall be immediately available 
     to the public.
       (b) Response to Proposed Report.--The chief executive 
     officers of the States, after reviewing and soliciting 
     recommendations and comments on the report of the Conference, 
     shall submit to the Policy Committee, not later than 90 days 
     after receiving the report, their views and findings on the 
     recommendations of the Conference.
       (c) Reports.--
       (1) Initial report.--The Policy Committee shall, after 
     reviewing the views and recommendations of the chief 
     executive officers of the States, prepare and approve an 
     initial report of the Conference, which shall include a 
     compilation of the actions of the chief executive officers of 
     the States and take into consideration the views and findings 
     of such officers.
       (2) Publication of initial report; final report.--Not later 
     than 60 days after such initial report is transmitted by the 
     Policy Committee, the Secretary shall publish such initial 
     report in the Federal Register. The Secretary shall republish 
     a final report together with such additional views and 
     recommendations as the Secretary considers to be appropriate.
       (d) Recommendations of the Policy Committee.--The Policy 
     Committee shall, within 90 days after submission of the views 
     of the chief executive officers of the States, publish and 
     transmit to the President and to the Congress recommendations 
     for the administrative action and the legislation necessary 
     to implement the recommendations contained within the report.

     SEC. 305. DEFINITIONS.

       For the purposes of this title--
       (1) the term ``area agency on aging'' has the meaning given 
     the term in section 102 of the Older Americans Act of 1965,
       (2) the term ``State agency on aging'' means the State 
     agency designated under section 305(a)(1) of the Act,
       (3) the term ``Secretary'' means the Secretary of Health 
     and Human Services,
       (4) the term ``Conference'' means the White House 
     Conference on Aging, and
       (5) the term ``State'' means any of the several States, the 
     District of Columbia, the Commonwealth of Puerto Rico, Guam, 
     American Samoa, the Virgin Islands, the Commonwealth of the 
     Northern Mariana Islands, and the Trust Territory of the 
     Pacific Islands.

     SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--
       (1) In general.--There are authorized to be appropriated 
     such sums as may be necessary for fiscal years 2005 through 
     2007 to carry out this title.
       (2) Contracts.--Authority to enter into contracts under 
     this title shall be effective only to the extent, or in such 
     amounts as are, provided in advance in appropriation Acts.
       (b) Availability of Funds.--
       (1) In general.--Except as provided in paragraph (3), funds 
     appropriated to carry out this title and funds received as 
     gifts under section 303(c) shall remain available for 
     obligation or expenditure until the expiration of the one-
     year period beginning on the date the Conference adjourns.
       (2) Unobligated funds.--Except as provided in paragraph 
     (3), any such funds neither expended nor obligated before the 
     expiration of the one-year period beginning on the date the 
     Conference adjourns shall be available to carry out the Older 
     Americans Act of 1965.
                                 ______

      By Mr. KERRY:
  S. 1448. A bill to establish the National Commission on Gay and 
Lesbian Youth Suicide Prevention, and for other purposes; to the 
Committee on Labor and Human Resources.


            the gay and lesbian youth suicide prevention act

 Mr. KERRY. Mr. President, today I am introducing the Gay and 
Lesbian Youth Suicide Prevention Act.
  Mr. President, my bill is a companion to legislation introduced in 
the House of Representatives by my friend, Congressman Martin Meehan of 
Massachusetts. This bill is a modest beginning to address a pernicious 
crisis among our teenagers. The bill establishes a Federal commission 
seeks to identify the root causes and report on possible methods to 
prevent suicide among gay and lesbian adolescents.
  In 1989, then Secretary of the Department of Health and Human 
Services, Dr. Louis Sullivan, issued a report on youth suicide. The 
report's most dramatic findings included a particularly alarming 
statistic--nearly one-third of all teen suicide occurred among gay and 
lesbian youth.
  This is a disturbing trend. Instead of ignoring this epidemic as past 
administrations have chosen to do, the Commission my bill would 
establish will devise ways to address effectively the situations of gay 
youth in existing suicide prevention programs. It will make 
recommendations to the Secretary of HHS on methods to curb suicide 
among gay teens. And it will expand existing research on youth suicide 
to include gay and lesbian adolescents. A full and appropriate airing 
of these issues will mean the beginning of the end of the tragic waste 
of young life in our country that the suicides of gay teens represent.
  Although the benefits from the Commission will be great, its cost 
will not. The Commission will use the existing resources of the 
Department of Health and Human Services. The members of the Commission 
will not be paid. And the Commission will not be another of the 
Government bodies that, once established, endures to eternity. It will 
sunset 6 months after its initial meeting.
  Too often, Mr. President, we hear stories of harassment and abuse 
which lead to depression, emotional problems and suicide. We cannot 
ignore the obvious fact that gay and lesbian youth are subjected to 
enormous societal pressure and we certainly cannot turn our back on the 
chilling evidence that gay and lesbian youth are three times more 
likely to commit suicide than other young people.
  Current official youth suicide prevention programs do not address 
this issue, and it is high time they did. We need to get serious about 
putting an end to this preventable epidemic. That is what this bill 
does. I urge my colleagues to support this effort.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1448

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Gay and Lesbian Youth 
     Suicide Prevention Act''.

     SEC. 2. ESTABLISHMENT.

       There is established a commission to be known as the 
     National Commission on Gay and Lesbian Youth Suicide 
     Prevention (referred to in this Act as the ``Commission'').

     SEC. 3. MEMBERSHIP.

       (a) Number and Appointment.--The Commission shall be 
     composed of 31 members appointed by the Secretary of Health 
     and Human Services. Members of the Commission shall include 
     professionals and experts in the field of youth suicide 
     prevention.
       (b) Terms.--Each member of the Commission shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect the powers of the Commission, but 
     shall be filled in the same manner as the original 
     appointment.
       (c) Meetings.--The Commission shall, during a 6-month 
     period, meet with the Secretary of Health and Human Services 
     and advise various offices within the Department of Health 
     and Human Services on an ongoing basis.
       (d) Chairperson.--The Secretary of Health and Human 
     Services shall select a chairperson for the Commission from 
     among the members of the Commission.

     SEC. 4. DUTIES OF COMMISSION.

       (a) In General.--The Commission shall carry out activities 
     to combat the epidemic of suicide among gay and lesbian 
     youth, who account for 30 percent of completed youth 
     suicides, as reported by the Department of Health and Human 
     Services in the 1989 ``Report of the Secretary's Task Force 
     on Youth 

[[Page S 18029]]
     Suicide''. The Commission shall advise the Secretary of Health and 
     Human Services and heads of other Federal and State youth 
     service agencies concerning how to include the concerns of 
     gay and lesbian youth in suicide prevention policies, 
     programs, and research.
       (b) Goals of Commission.--The goals of the Commission shall 
     be to--
       (1) work to include the concerns of gay and lesbian youth 
     in suicide prevention programs at the national and State 
     level;
       (2) develop and make specific recommendations to the 
     Secretary of Health and Human Services and heads of other 
     relevant Federal and State agencies about how to stem the 
     epidemic of gay and lesbian youth suicide;
       (3) work to expand research on youth suicide to include 
     research on gay and lesbian youth suicide; and
       (4) work to amend existing youth suicide policies, 
     guidelines, and programs to include policies, guidelines, and 
     programs appropriate for gay and lesbian youth.

     SEC. 5. REPORTS.

       (a) Interim Reports.--The Commission shall conduct regional 
     public hearings around the United States to gather 
     information from youths, family members of such youths, 
     and professionals, about the problem of gay and lesbian 
     youth suicide, on an ongoing basis. The Commission shall 
     prepare and submit an interim report to the Secretary of 
     Health and Human Services. The interim report shall 
     contain findings and conclusions of the Commission, based 
     on the hearings.
       (b) Final Report.--The Commission shall prepare and submit 
     a final report to the Secretary of Health and Human Services. 
     The final report shall contain a detailed statement of the 
     findings and conclusions of the Commission.

     SEC. 6. POWERS OF THE COMMISSION.

       (a) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out the provisions of this Act. Upon request of the 
     Chairperson of the Commission, the head of such department or 
     agency shall furnish such information to the Commission.
       (b) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (c) Use of Voluntary and Uncompensated Services.--
     Notwithstanding section 1342 of title 31, United States Code, 
     the Secretary of Health and human Services is authorized to 
     accept voluntary and uncompensated services in furtherance of 
     the purposes of this Act.

     SEC. 7. COMMISSION PERSONNEL MATTERS.

       (a) Compensation.--Members of the Commission shall serve on 
     the Commission without compensation.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 6, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (c) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (d) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.

     SEC. 8. SUNSET PROVISION.

       The Commission shall terminate 6 months after the date of 
     the first meeting of the Commission.
                                 ______

      By Mr. FEINGOLD:
  S. 1449. A bill to make agricultural promotion boards and councils 
more responsive to producers whose mandatory assessments support the 
activities of such boards and councils, to improve the representation 
and participation of such producers of such boards and councils, to 
ensure the appropriate use of promotion funds, to prevent legislatively 
authorized promotion and research boards from using mandatory 
assessments to directly or indirectly influence legislation or 
governmental action or policy, and for other purposes; to the Committee 
on Agriculture, Nutrition, and Forestry.


             THE AGRICULTURAL PROMOTION ACCOUNTABILITY ACT

 Mr. FEINGOLD. Mr. President, I introduce legislation 
addressing existing and future agricultural promotion programs. 
Fundamentally, Mr. President, my legislation, the Agricultural 
Promotion and Accountability Act, makes some modest and common sense 
reforms to all of the existing agricultural promotion programs in order 
to make them more accountable to, and representative of, the farmers 
who pay for the programs. These congressionally authorized programs 
create boards and councils, made up of agricultural producers, which 
have the authority to assess a mandatory fee on producers to pay for 
the costs of board or council sponsored self-help promotion activities.
  Agricultural promotion programs are designed to allow producers to 
engage in self-help initiatives to promote their products to the 
consumer, to enhance demand and ultimately improve the economic 
security of farmers paying the assessment. It is hard to argue with 
that basic goal, Mr. President. These programs are fully funded and 
managed by farmers, with oversight conducted by the Department of 
Agriculture. The boards or councils authorized by Congress collect the 
producer funds and then conduct generic promotion activities for the 
specific commodity by contracting out the specific advertising and 
research projects to private entities.
  While some of these programs have existed for nearly 30 years, the 
majority were created and implemented in the last 10 years. In fact, 
since 1982, when national promotion programs collected just $45 million 
annually, the amount of money collected under mandatory promotion 
programs has increased ten-fold.
  These programs currently cover about 16 agricultural commodities 
including milk, beef, pork, eggs, soybeans, cotton as well as many 
specialty commodities. All totalled these programs collect roughly $500 
million annually from producers and processors of commodities. 
According to USDA, 90 percent of all U.S. producers contribute money 
for promotion programs, either State or federally authorized. The 
growth in the number of these programs in the last decade is not 
surprising. As Federal dollars to support agriculture dwindle due to 
budget constraints, Congress has stood ready to allow producers to 
engage in these self-help efforts. I understand that when the Congress 
addresses omnibus farm legislation either this year or next year, that 
my colleagues and I will be asked to approve additional commodity 
promotion programs for popcorn, canola and rapeseed and perhaps other 
commodities as well.
  But Mr. President, while the goals of these programs are truly 
admirable, I am concerned that some of the issues raised by some 
farmers with respect to these programs have been swept away in the 
Congressional tide to approve more and more producer-supported checkoff 
programs. Congress has approved so many of these programs in such a 
short period of time that we have not taken a step back to look at 
overall principles guiding these programs and whether or not the 
programs are operating as they should be.
  These programs are typically referred to as checkoff programs since 
the funds that producers must pay to the promotion boards and councils 
are automatically deducted from the producer's check received for 
commodities sold. In many cases, the checkoff is a fixed amount, such 
as 15 cents per hundred pounds of milk sold, or $1 per head of beef or 
dairy cattle sold. In other cases, the amount deducted is a percentage 
of the market value of the commodity sold. The checkoff payment is 
mandatory and essentially permanent once a majority of producers 
approve of the overall program in an initial referendum.
  To give my colleagues an idea of the scope of producer contributions, 
consider the annual investment of a small Wisconsin dairy farm. A milk 
producer with a 50 cow herd, averaging 18,000 pounds per cow per year, 
would pay about $1,350 annually for State, regional, and Federal milk 
promotion activities. Mr. President, that is a large contribution for 
such a small farm. Consider that a large dairy with 1,000 cows, such as 
those in the southwest and western regions of the country, averaging 
18,000 pounds of milk per cow, contributes about $27,000 annually for 
mandatory milk promotion. Consider also that a dairyman who also raises 
hogs, replacement heifers, and soybeans would contribute to the pork, 
beef, and soybean promotion program. Mr. President, these mandatory 
contributions represent a sizable investment by the individuals 
required to pay them.
  On the surface, these programs appear well-supported by farmers and 
others paying the mandatory assessments. However, as I have travelled 
the 

[[Page S 18030]]
countryside of Wisconsin, holding listening sessions in each of 
Wisconsin's 72 counties each year, I have learned that, in fact, these 
programs tend to be controversial among farmers in Wisconsin. In my 
home State, where some counties are home to more cows than people, the 
most controversial of the boards are the National Dairy Promotion and 
Research Board and the Cattlemen's Beef Promotion and Research Board.
  In the 103d Congress, when I served as a member of the Senate 
Agriculture Committee, I had the opportunity to be involved in the 
creation of new promotion programs as well as the modification of 
existing programs. I learned, Mr. President, that the controversy 
stemming from these programs goes well beyond the beef and dairy 
programs. In each case, Mr. President, when the Committee addressed 
promotion programs from eggs to sheep to beef, the controversy among 
the producers footing the bill for the program was significant. In 
response to some of the concerns raised by farmers, the Senate 
Subcommittee on Domestic and Foreign Marketing and Promotion held a 
hearing on the beef and dairy promotion programs. The House Agriculture 
Committee held a similar hearing on the beef, pork, eggs and dairy 
checkoff programs in the 103d Congress. The bill I am introducing today 
addresses the concerns that have been voiced in these hearings during 
my tenure on the Committee and since that time.
  The concerns checkoff paying farmers have raised include:
  The promotion programs do not provide for adequate input by,or 
representation of, the producers paying for the program.
  The programs once authorized continue into perpetuity with little 
opportunity for producer review or reauthorization. All but one of the 
existing programs are permanently authorized by Congress.
  In most cases concerned producers must expend their own time and 
resources to gather enough names on a petition--usually 10 percent of 
all eligible producers--in order to call for another approval 
referendum.
  In the case of the dairy promotion program, cooperatives are allowed 
to vote on behalf of their producers, which some farmers contend biases 
the referendum by drowning out the voices of dissenting producers.
  The promotion programs require all producers to pay for a program 
regardless of whether they agree with the program, whether they think 
the program is working, and whether they spend their own money on 
individual promotion efforts.
  The programs far too often engage in activities well beyond those 
intended by the producers who approved the program at its initiation. 
Some producers complain that broad-scale public relations work funded 
by checkoff dollars does little to enhance demand and far more to 
advance the political objectives of certain contracting organizations. 
Such activities may violate the prohibition on the use of checkoff 
funds to influence government action or policy. Last August, during the 
Senate subcommittee hearing mentioned previously, staff of USDA pointed 
out one specific promotion effort that may have entered the grey area 
of prohibited activities.
  The programs provide preferential treatment to certain industry-
governed farmer organization to the exclusion of others. Some farmers 
contend that the ties between some promotion boards and the industry-
lobbying organization are too tight and may create a conflict of 
interest for those boards.
  The programs that do provide contracts or grants to specific lobbying 
organizations may be indirectly supporting or subsidizing the 
legislative activities of that organization. This concern has been 
voiced by a number of members of the Senate and the House with respect 
to the use of Federal funds and grants provided to lobbying 
organizations. In fact, much time and effort has been expended in the 
Senate to ensure that Congressionally authorized funding is not 
ultimately used for lobbying activities. The concerns that farmers have 
raised with respect to the use of checkoff dollars are consistent with 
these concerns.
  The mandatory nature of the programs and the contractual relationship 
maintained by some of the boards implicate the First Amendment rights 
of producers who should not be required to associate with a group with 
whom they do not agree. In fact, some state-wide promotion programs 
similar to the individual promotion programs addressed in my 
legislation, have been successfully challenged on First Amendment 
grounds.
  Mr. President, I think these are serious concerns. The fact that 
these programs impose an additional targeted tax on producers 
purportedly for their own good, should compel the Congress to take 
these complaints seriously, as well. Producers initially approved all 
of these promotion programs based on very specific goals and with a 
number of requirements and constraints. As members of the body that 
authorized these programs, we must ensure that the initial goals of 
these programs are being met and that those farmers required to pay for 
them have assurances that the programs are operated fairly and 
democratically within the bounds of the statute and without bias 
towards or against specific segments of the taxed industry.
  The legislation I am introducing today will help accomplish those 
goals without restricting the ability of the promotion boards to 
accomplish their objectives of enhancing consumer demand for the 
commodity. The Agricultural Promotion and Accountability Act provides 
guidelines to promotion boards and councils on the prohibited 
activities with respect to lobbying and other activities intended to 
influence government action or policy. It makes some conforming changes 
to existing statutes to ensure that all promotion programs are subject 
to the same restrictions.
  The bill addresses the concern that too much money is spent on broad 
scale public relations work and not enough on direct promotion of the 
product, by limiting the types of public relations works that can be 
conducted. In fairness to all producers in arguably heterogenous 
agricultural sectors, industry image enhancement activities are 
prohibited. What might be a desirable image for one segment of an 
agricultural sector, might not be desirable for other segments of the 
industry. Since the checkoff assessments are levied equally on all 
producers, in most cases, general public relations work with checkoff 
funds is not an appropriate or equitable use of promotion dollars. 
Instead, all boards will be allowed to promote the image of the generic 
product itself, which is consistent with the goal of enhancing consumer 
demand.
  The bill also improves the democratic nature of promotion boards and 
councils by providing producers with an opportunity to reauthorize 
their program, on average, every 5 years. Referenda on approval or 
termination of the mandatory promotion programs would be held 
periodically to assure that producers continue to support the program 
in which they make substantial annual investments. During that 
referendum, producers will also be allowed to decide whether or not 
they favor instituting refunds of assessments to producers who request 
them. These provisions will provide the checkoff paying producer with 
more control over the promotion boards they fund. Additionally, 
producers argue that if they are allowed a regular review of their 
programs, the boards will be more accountable to the farmers who foot 
the bill.
  The concern about the fungibility of checkoff dollars paid in 
contracts to industry-governed lobbying organizations is perhaps one of 
the most difficult issues to address. It is, of course, not a new 
issue. In fact, just 3 years ago, Secretary of Agriculture Dan 
Glickman, then a member of Congress, stated in a promotion program 
oversight hearing that ``Congress should not be in the business of 
enacting programs which will result in the collection of funds from all 
farmers for the benefit of lobbying groups which may represent the view 
of just a fraction of the farmers.'' As I stated earlier, that is 
exactly what some producers contend is happening under some of the 
agricultural promotion programs.
  To address those concerns the Agricultural Promotion Accountability 
Act creates a number of safeguards to ensure the independence of the 
boards from their contractors, to avoid conflicts of interest between 
the board and any contractor or grantee, to ensure 

[[Page S 18031]]
that contracts are let on both an equitable and efficient basis 
providing a voice for all check-off paying producers, and to safeguard 
against any checkoff dollars being used for prohibited activities.
  Mr. President, I think the modest changes this legislation makes to 
promotion programs will go a long way to ensure the continued 
productivity and success of these promotion boards while providing 
producers a greater voice in how their money is spent. I urge my 
colleagues to support this legislation.
  I ask unanimous consent that a letter of support for the Agricultural 
Promotion Accountability Act from the National Farmers Union be 
included in the Record. I ask unanimous consent that the text of the 
legislation be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1449

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Agricultural Promotion 
     Accountability Act of 1995''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to make agricultural promotion 
     boards and councils more responsive to producers whose 
     mandatory assessments support the activities of such boards 
     and councils, to improve the representation and participation 
     of such producers on such boards and councils, to ensure the 
     independence of such boards and councils, to ensure the 
     appropriate use of promotion funds, and to prevent 
     legislatively authorized agricultural promotion and research 
     boards from using mandatory assessments to directly or 
     indirectly influence legislation or governmental action or 
     policy.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Influencing legislation or governmental action or 
     policy.--The term ``influencing legislation or governmental 
     action or policy'' includes--
       (A) establishing, administering, contributing to, or paying 
     the expenses of a political party campaign, political action 
     committee, or other organization established for the purpose 
     of influencing the outcome of an election;
       (B) attempting to influence--
       (i) the outcome of any Federal, State or local election, 
     referendum, initiative, or similar procedure through a cash 
     contribution, in-kind contribution, endorsement, publicity or 
     public relations activity or similar activity;
       (ii) the introduction, modification, or enactment of any 
     Federal or State legislation or signature or veto of any 
     enrolled Federal or State legislation, including through--

       (I) communication with any member or employee of a 
     legislative body or agency or with any governmental official 
     or employee who may participate in the formulation of the 
     legislation, including engaging State or local officials in 
     similar activity (not including a communication to an 
     appropriate government official in response to a written 
     request by the official for factual, scientific, or technical 
     information relating to the conduct, implementation, or 
     results of promotion, research, consumer information and 
     education, industry information, or producer information 
     activities under a promotion program);
       (II) planning, preparing, funding, or distributing any 
     publicity or propaganda to affect the opinion of the general 
     public or a segment of the public in connection with a 
     pending legislative matter; or
       (III) urging members of the general public or any segment 
     of the general public to contribute to, or participate in, 
     any mass demonstration, march, rally, fund-raising drive, 
     lobbying campaign, letter-writing campaign, or telephone 
     campaign in connection with a pending legislative matter;

       (C) carrying out a legislative liaison activity, including 
     attendance at a legislative session or committee hearing to 
     gather information regarding legislation or to analyze the 
     effect of legislation, if the activity is carried on in 
     support of, or in knowing preparation for, an effort to 
     influence legislation or government action or policy;
       (D) carrying out an opinion survey of the general public or 
     a segment of the public, general research, or information 
     gathering, if carried out in support of, or in knowing 
     preparation for, an effort to influence legislation or 
     government action or policy; or
       (E) attempting to influence any agency action or agency 
     proceeding, as the terms are defined in section 551 of title 
     5, United States Code, through--
       (i) communication with any government official or employee 
     who may participate in the action or proceeding (not 
     including a communication to an appropriate government 
     official in response to a written request by the official for 
     factual, scientific, or technical information relating to the 
     conduct, implementation, or results of promotion, research, 
     consumer information or education, or industry information of 
     producer information activities under a promotion program);
       (ii) planning, preparing, funding, or distributing any 
     publicity or propaganda to affect the opinions of the general 
     public or any segment of the general public in connection 
     with the action or proceeding; or
       (iii) urging members of the general public or any segment 
     of the general public to contribute to, or participate in, 
     any mass demonstration, march, rally, fundraising drive, 
     lobbying campaign, letter-writing campaign, or telephone 
     campaign in connection with the action or proceeding.
       (2) Promotion program.--The term ``promotion program'' 
     means--
       (A) the cotton research and promotion program established 
     under the Cotton Research and Promotion Act (7 U.S.C. 2101 et 
     seq.);
       (B) the potato research, development, advertising, and 
     promotion program established under the Potato Research and 
     Promotion Act (7 U.S.C. 2611 et seq.);
       (C) the egg research, consumer and producer education, and 
     promotion program established under the Egg Research and 
     Consumer Information Act (7 U.S.C. 2701 et seq.);
       (D) the beef promotion and research program established 
     under the Beef Research and Information Act (7 U.S.C. 2901 et 
     seq.);
       (E) the wheat research and nutrition education program 
     established under the Wheat and Wheat Foods Research and 
     Nutrition Education Act (7 U.S.C. 3401 et seq.);
       (F) the dairy promotion program established under the Dairy 
     Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.);
       (G) the honey research, promotion, and consumer education 
     program established under the Honey Research, Promotion, and 
     Consumer Information Act (7 U.S.C. 4601 et seq.);
       (H) the pork promotion, research, and consumer information 
     program established under the Pork Promotion, Research, and 
     Consumer Information Act (7 U.S.C. 4801 et seq.);
       (I) the watermelon research, development, advertising, and 
     promotion program established under the Watermelon Research 
     and Promotion Act (7 U.S.C. 4901 et seq.);
       (J) the pecan promotion, research, industry information, 
     and consumer information program established under the Pecan 
     Promotion and Research Act of 1990 (7 U.S.C. 6001 et seq.);
       (K) the mushroom promotion, research, and consumer and 
     industry information program established under the Mushroom 
     Promotion, Research, and Consumer Information Act of 1990 (7 
     U.S.C. 6101 et seq.);
       (L) the lime research, promotion, and consumer information 
     program established under the Lime Research, Promotion, and 
     Consumer Information Act of 1990 (7 U.S.C. 6201 et seq.);
       (M) the soybean promotion, research, consumer information, 
     and industry information program established under the 
     Soybean Promotion, Research, and Consumer Information Act (7 
     U.S.C. 6301 et seq.);
       (N) the fluid milk advertising and promotion program 
     established under the Fluid Milk Promotion Act of 1990 (7 
     U.S.C. 6401 et seq.);
       (O) the flowers and greens promotion, consumer information, 
     and related research program established under the Fresh Cut 
     Flowers and Fresh Cut Greens Promotion and Information Act of 
     1993 (7 U.S.C. 6801 et seq.);
       (P) the sheep promotion, research, consumer information, 
     education, and industry information program established under 
     the Sheep Promotion, Research, and Information Act of 1994 (7 
     U.S.C. 7101 et seq.); and
       (Q) any other coordinated program of promotion, research, 
     industry information, and consumer information that is funded 
     by mandatory assessments on producers and designed to 
     maintain and expand markets and uses for an agricultural 
     commodity, as determined by the Secretary.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 4. INFLUENCING LEGISLATION OR GOVERNMENTAL ACTION OR 
                   POLICY.

       (a) In General.--A board or council established by a 
     promotion program may not use any funds collected by the 
     board or council for the purpose of directly or indirectly 
     influencing legislation or governmental action or policy, 
     except for the development and recommendation of amendments 
     to the promotion program to the Secretary.
       (b) Conforming Amendments.--
       (1) Cotton.--Section 7(h) of the Cotton Research and 
     Promotion Act (7 U.S.C. 2106(h)) is amended by striking 
     ``influencing governmental policy or action'' and inserting 
     ``directly or indirectly influencing legislation or 
     governmental action or policy (as defined in section 3(1) of 
     the Agricultural Promotion Accountability Act of 1995)''.
       (2) Potatoes.--Section 308(f)(3) of the Potato Research and 
     Promotion Act (7 U.S.C. 2617(f)(3)) is amended by striking 
     ``influencing governmental policy or action'' and inserting 
     ``directly or indirectly influencing legislation or 
     governmental action or policy (as defined in section 3(1) of 
     the Agricultural Promotion Accountability Act of 1995)''.
       (3) Eggs.--Section 8(h) of the Egg Research and Consumer 
     Information Act (7 U.S.C. 2707) is amended by striking 
     ``influencing governmental policy or action'' and inserting 
     ``directly or indirectly influencing legislation or 
     governmental action or policy (as defined in section 3(1) of 
     the Agricultural Promotion Accountability Act of 1995)''.
       (4) Beef.--Section 5(10) of the Beef Research and 
     Information Act (7 U.S.C. 2904(10)) is amended--

[[Page S 18032]]

       (A) by striking ``influencing governmental action or 
     policy'' and inserting ``directly or indirectly influencing 
     legislation or governmental action or policy (as defined in 
     section 3(1) of the Agricultural Promotion Accountability Act 
     of 1995)''; and
       (B) by inserting ``to the Secretary'' before the period at 
     the end.
       (5) Wheat.--Section 1706(i) of the Wheat and Wheat Foods 
     Research and Nutrition Education Act (7 U.S.C. 3405(i)) is 
     amended by striking ``influencing governmental policy or 
     action'' and inserting ``directly or indirectly influencing 
     legislation or governmental action or policy (as defined in 
     section 3(1) of the Agricultural Promotion Accountability Act 
     of 1995)''.
       (6) Dairy.--Section 113(j) of the Dairy Production 
     Stabilization Act of 1983 (7 U.S.C. 4504(j)) is amended by 
     striking ``influencing governmental policy or action'' and 
     inserting ``directly or indirectly influencing legislation or 
     governmental action or policy (as defined in section 3(1) of 
     the Agricultural Promotion Accountability Act of 1995),''.
       (7) Honey.--Section 7(h) of the Honey Research, Promotion, 
     and Consumer Information Act (7 U.S.C. 4606(h)) is amended by 
     striking ``influencing governmental policy or action'' and 
     inserting ``directly or indirectly influencing legislation or 
     governmental action or policy (as defined in section 3(1) of 
     the Agricultural Promotion Accountability Act of 1995)''.
       (8) Pork.--Section 1620(e) of the Pork Promotion, Research, 
     and Consumer Information Act (7 U.S.C. 4809(e)) is amended by 
     striking ``influencing legislation'' and all that follows 
     through the period at the end and inserting the following: 
     ``directly or indirectly influencing legislation or 
     governmental action or policy (as defined in section 3(1) of 
     the Agricultural Promotion Accountability Act of 1995), 
     except to recommend amendments to the order to the 
     Secretary.''.
       (9) Watermelons.--Section 1647(g)(3) of the Watermelon 
     Research and Promotion Act (7 U.S.C. 4906(g)(3)) is amended 
     by striking ``influencing governmental policy or action'' and 
     inserting ``directly or indirectly influencing legislation or 
     governmental action or policy (as defined in section 3(1) of 
     the Agricultural Promotion Accountability Act of 1995)''.
       (10) Pecans.--Section 1910(g)(1) of the Pecan Promotion and 
     Research Act of 1990 (7 U.S.C. 6005(g)(1)) is amended--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``to,'' and inserting ``for the purpose 
     of,''; and
       (ii) by striking ``to--'' and inserting ``for the purpose 
     of--'';
       (B) in paragraph (1), by striking ``influence legislation 
     or governmental action'' and inserting ``directly or 
     indirectly influencing legislation or governmental action or 
     policy (as defined in section 3(1) of the Agricultural 
     Promotion Accountability Act of 1995)'';
       (C) in paragraph (2), by striking ``engage'' and inserting 
     ``engaging''; and
       (D) in paragraph (3), by striking ``engage'' and inserting 
     ``engaging''.
       (11) Mushrooms.--Section 1925(h) of the Mushroom Promotion, 
     Research, and Consumer Information Act of 1990 (7 U.S.C. 
     6104(h)) is amended by striking ``influencing legislation or 
     governmental action or policy'' and inserting ``directly or 
     indirectly influencing legislation or governmental action or 
     policy (as defined in section 3(1) of the Agricultural 
     Promotion Accountability Act of 1995)''.
       (12) Limes.--Section 1955(g) of the Lime Research, 
     Promotion, and Consumer Information Act of 1990 (7 U.S.C. 
     6204(g)) is amended by striking ``influencing legislation or 
     governmental policy or action'' and inserting ``directly or 
     indirectly influencing legislation or governmental action or 
     policy (as defined in section 3(1) of the Agricultural 
     Promotion Accountability Act of 1995)''.
       (13) Soybeans.--Section 1969(p) of the Soybean Promotion, 
     Research, and Consumer Information Act (7 U.S.C. 6304(p) is 
     amended--
       (A) in paragraph (1), by striking ``influencing legislation 
     or governmental action or policy'' and inserting ``directly 
     or indirectly influencing legislation or governmental action 
     or policy (as defined in section 3(1) of the Agricultural 
     Promotion Accountability Act of 1995)''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by inserting ``to the Secretary'' 
     before the semicolon; and
       (ii) in subparagraph (B), by inserting ``, in response to a 
     request made by the officials,'' after ``officials''.
       (14) Milk.--Section 1999H(j)(1) of the Fluid Milk Promotion 
     Act of 1990 (7 U.S.C. 6407(j)(1)) is amended by striking 
     ``influencing legislation or governmental action or policy'' 
     and inserting ``directly or indirectly influencing 
     legislation or governmental action or policy (as defined in 
     section 3(1) of the Agricultural Promotion Accountability Act 
     of 1995)''.
       (15) Flowers and greens.--Section 5(i) of the Fresh Cut 
     Flowers and Fresh Cut Greens Promotion and Information Act of 
     1993 (7 U.S.C. 6804(i)) is amended by striking ``influencing 
     legislation or government action or policy'' and inserting 
     ``directly or indirectly influencing legislation or 
     governmental action or policy (as defined in section 3(1) of 
     the Agricultural Promotion Accountability Act of 1995)''.
       (16) Sheep.--Section 5(l)(1) of the Sheep Promotion, 
     Research, and Information Act of 1994 (7 U.S.C. 7104(l)(1)) 
     is amended by striking ``influencing legislation or 
     government action or policy'' and inserting ``directly or 
     indirectly influencing legislation or governmental action or 
     policy (as defined in section 3(1) of the Agricultural 
     Promotion Accountability Act of 1995)''.

     SEC. 5. PROMOTING THE IMAGE OF AN INDUSTRY PROHIBITED.

       (a) In General.--A board or council established by a 
     promotion program may not use any funds collected by the 
     board or council for the purpose of enhancing the image of an 
     industry, except that the board or council may promote the 
     image of a product with the express intent of stimulating 
     demand for and sales of an agricultural product in the 
     marketplace.
       (b) Conforming Amendments.--
       (1) Beef.--Section 3(9) of the Beef Research and 
     Information Act (7 U.S.C. 2902(9)) is amended by striking ``, 
     increased efficiency'' and all that follows through 
     ``industry'' and inserting ``and increased efficiency''.
       (2) Pecans.--Section 1907(12) of the Pecan Promotion and 
     Research Act of 1990 (7 U.S.C. 6002(12)) is amended by 
     striking ``, increased efficiency'' and all that follows 
     through ``industry'' and inserting ``and increased 
     efficiency''.
       (3) Mushrooms.--Section 1923(7) of the Mushroom Promotion, 
     Research, and Consumer Information Act of 1990 (7 U.S.C. 
     6103(7)) is amended by striking ``, increased efficiency'' 
     and all that follows through ``industry'' and inserting ``and 
     increased efficiency''.
       (4) Soybeans.--Section 1967(7) of the Soybean Promotion, 
     Research, and Consumer Information Act (7 U.S.C. 6302(7)) is 
     amended by striking ``, and activities'' and all that follows 
     through ``industry''.

     SEC. 6. LIMITATIONS ON CONTRACTING.

       (a) Permitted Contracts or Agreements.--Notwithstanding any 
     other provision of law, a board or council established by a 
     promotion program shall not be limited to contracting with, 
     or entering into an agreement with, an established national 
     nonprofit industry-governed organization.
       (b) Competitive Bidding.--It is the policy of Congress that 
     boards and councils should, to the extent practicable, use 
     competitive bidding in the awarding of contracts and grants 
     for activities authorized under a promotion program.
       (c) Independence of Boards and Councils.--
       (1) Applications and recommendations not binding.--
     Notwithstanding any other provision of law, a board or 
     council established by a promotion program shall not be bound 
     by a proposed application for a board or council contract or 
     a recommendation or advice of a potential contractor or a 
     national nonprofit industry-governed organization on the use 
     of board or council receipts.
       (2) Interlocking boards or membership.--Notwithstanding any 
     other provision of law, no person shall be eligible to be a 
     member of any board or council established by a promotion 
     program (including operating and nominating committees) if 
     the person serves in any decision making capacity, such as 
     that of a member of the board of directors, executive 
     committee, or other committee, for an entity that enters into 
     a contract or other agreement with the board or council.
       (3) Requirements for contracting.--A contractor or grantee 
     of a board or council may not use funds collected through 
     mandatory assessments under a promotion program to fund any 
     staff (including expenses or other activities of the staff) 
     who, in part, engage in 1 or more activities to influence 
     legislation or governmental action or policy.
       (d) Producer Approval of Relationships With Boards or 
     Councils.--
       (1) In general.--Except as provided in paragraph (2) and 
     notwithstanding any other provision of law, the entering into 
     of a permanent cooperative arrangement or the establishment 
     of a joint committee (including an arrangement that is 
     advisory in nature) by a board or council established by a 
     promotion program with a national nonprofit industry-governed 
     organization shall require the prior approval of at least \2/
     3\ of the eligible producers under the promotion program.
       (2) Exception.--Paragraph (1) shall not apply to a 
     cooperative arrangement or joint committee--
       (A) that was established prior to January 1, 1995; or
       (B) that includes representatives or participation from all 
     producer-, processor-, or handler-governed national nonprofit 
     organizations (including general farm organizations) that 
     represent any but an insignificant number of producers, 
     processors, or handlers paying assessments under the 
     promotion program to the board or council, as determined by 
     the Secretary.
       (3) Permanent cooperative arrangement.--In this subsection, 
     the term ``permanent cooperative arrangement'' means a formal 
     or informal, written or unwritten agreement or understanding 
     establishing a relationship, a liaison, a sole source 
     contract, or an operational mechanism under which a board or 
     council shares staff, facilities, or other resources or 
     carries out coordinated activities with any entity on a more 
     or less permanent and exclusive basis.
       (e) Fungibility of Board or Council Funds.--
       (1) In general.--The Inspector General of the Department of 
     Agriculture shall conduct an annual review of contractual 
     arrangements between each board or council established by a 
     promotion program and any entity or association that engages 
     in activities to influence legislation or governmental action 
     or policy and receives a significant 

[[Page S 18033]]
     amount of funding from the board or council as determined by the 
     Secretary.
       (2) Scope of review.--A review under paragraph (1) shall 
     examine whether any funds collected by the board or council 
     are used to directly or indirectly fund or subsidize an 
     entity or association that engages in influencing legislation 
     or governmental action or policy.
       (3) Report.--The Secretary shall submit a report on the 
     findings of any review under this subsection and make 
     recommendations for any actions that should be taken as a 
     result of the findings to the Committee on Agriculture of the 
     House of Representatives and the Committee on Agriculture, 
     Nutrition, and Forestry of the Senate.

     SEC. 7. PERIODIC REFERENDA.

       (a) In General.--Notwithstanding any other provision of 
     law, not less than 4 nor more than 6 years after the date of 
     enactment of this Act or the date on which the Secretary 
     determines the results of the most recent referendum for a 
     promotion program, whichever is earlier, and not less than 
     once every 5 years thereafter, the Secretary shall conduct a 
     referendum to determine whether to approve or terminate the 
     order under the promotion program and whether refunds should 
     be made under the order.
       (b) Procedure.--The referendum under subsection (a) shall 
     be conducted using the same eligibility and other procedures 
     as the referendum used to approve the original order under 
     the promotion program, except that, notwithstanding any other 
     provision of law, no greater than a simple majority of 
     eligible producers shall be required to approve the making of 
     refunds to producers.
       (c) Termination.--
       (1) In general.--If the percentage of persons voting to 
     approve the order does not equal or exceed the percentage of 
     persons necessary to approve the continuation of the original 
     order under the promotion program, the Secretary shall 
     terminate the order.
       (2) Time of termination.--The Secretary shall terminate the 
     order at the end of the marketing year during which the 
     referendum is conducted.
       (d) Refunds.--If the making of refunds is approved in a 
     referendum under subsection (a), the Secretary shall 
     establish a procedure for making the refunds not later than 
     180 days after the date of the referendum.
       (e) Cooperative Association.--Notwithstanding subsection 
     (b), a cooperative association may not vote on behalf of the 
     members of the association in a referendum conducted under 
     this section.
       (f) Inactive Promotion Programs.--The Secretary shall not 
     conduct a referendum of a promotion program under this 
     section if the Secretary determines that the promotion 
     program is not active.

                                       National Farmers Union,

                                                 November 7, 1995.
     Re legislation to regulate producer assessments for promotion 
         funding.

     Hon. Russ Feingold,
     U.S. Senator,
     Washington, DC.
       Dear Senator Feingold: On behalf of the nearly 300,000 farm 
     families of the National Farmers Union, I write to express 
     our strong support of the Agricultural Promotion 
     Accountability Act of 1995. Many of our members pay multiple 
     mandatory assessments for promotion funding, amounting to 
     thousands of dollars per year, per producer. Our 1995 
     national policy statement calls for legislative safeguards to 
     insure the use of promotion funds is controlled by the 
     producers who pay the assessments, and that dollars are used 
     to enhance producer profitability. Your proposed legislation 
     will help address several items of concern.
       (1) It is essential that mandatory assessments are not used 
     for lobbying. Although lobbying is prohibited under current 
     law, your bill makes the prohibition meaningful by clearly 
     defining the prohibited activities.
       (2) It is essential that producers control how their 
     dollars are spent. Your legislation ensures that decisions 
     are made by independent, accountable boards. Your legislation 
     also helps ensure that all producers have a voice, not just 
     those who belong to a specific trade association. Your 
     legislation further promotes producer control by prohibiting 
     bloc voting.
       (3) It is essential that an independent review of funding 
     be conducted annually. We support naming the Inspector 
     General of USDA to conduct this review.
       (4) It is essential that periodic referenda are held to 
     provide producers the opportunity to review whether the 
     promotion program is worth continuing. Your legislation 
     achieves this by specifying a referendum every five years, 
     including a referendum on refunds.
       (5) It is essential that assessments are used for 
     activities to enhance producer price. The proposed 
     legislation meets this goal by prohibiting use of funding for 
     influencing regulatory bodies, and other purposes not 
     specifically linked to product promotion.
       Thank you for your work on behalf of family farmers. 
     Promotion assessments affect nearly every farmer and the 
     topic always produces much debate whenever discussed by 
     producers. Your legislation is a positive step in addressing 
     many concerns. We look forward to working with you to pass 
     this bill.
           Sincerely,
                                                   Leland Swenson,
     President.

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