The Center for Social Gerontology
2307 Shelby
Avenue, Ann Arbor, MI 48103 tel: 734 665-1126 fax: 734 665-2071
tcsg@tcsg.org
REAUTHORIZATION
OF THE
OLDER AMERICANS ACT
Updated October 7, 2009
The
Center for Social Gerontology, Inc. (TCSG), since its inception in 1972, has
been a non-profit research, training and social policy organization dedicated
to promoting the individual autonomy of older persons and advancing their
well-being in society. TCSG has pursued this goal through a wide variety of
projects, including serving since 1985 as an Administration on Aging-funded
National Support Center in Law & Aging.
TCSG
has, since the early 1970s, been actively engaged in working on aging programs
and advocacy related to the Older Americans Act. We have also been involved in
advising Congress, the Executive branch, and aging organizations on a variety
of issues related to reauthorizations of the Older Americans Act through the
past decades. Our publications and materials on law and aging and on elder
rights have been devoted regularly to these issues.
This
web site on the Reauthorization of the Older Americans Act (OAA) was created to provide, in one place, comprehensive
information on and access to materials concerning the OAA, the reauthorization
of the OAA during the 106th Congress (1999-2000), and information particularly
related to legal assistance to vulnerable older Americans, elder rights
advocacy, and the role of Legal Services Developers under the OAA. While the
OAA was scheduled to be reauthorized in 2005, Congress did not act on the
reauthorization, but simply continued the OAA in effect as it was. On September
30, 2006, Congress passed the reauthorization. Below is comprehensive
information on this.
This
site is divided into the following main sections, which can be found below:
OAA
of 2006: Complete Unofficial Compilation of the Act
OAA
2005-06 Reauthorization Updates, Information, Downloads, and Links
The
Need for Legal Services for Older Americans & for Elder Rights Assistance
and Advocacy
Older
Americans Act as amended in 2000: Information & Links
Highlights
on OAA Reauthorization Developments in 2000
TCSG
and Related Statements on OAA 2000 Reauthorization
The
OAA: 1992 Law & History of Key Changes Related to Elder Rights and Legal
Assistance to Older Americans
Links
to related sites and information
To
access the "Recent News About Legal Services & Elder Rights
Developments" page, which has daily news updates, click here. To access the main "State
Legal Services Development" page, click here.
OAA of 2006:
Complete Unofficial Compilation of the Act
The
Older Americans Act (OAA) was amended/reauthorized in the fall of 2006 (see
related history below). As of April, 2007, an official compilation of the OAA
as amended had not been printed. To assist the many organizations that would
find it useful to have a complete, compiled version of the OAA which
incorporates the 2006 Amendments, The Center for Social Gerontology, Inc.
(TCSG) has put together an UNOFFICIAL COMPILATION. We have italicized the
language that was added or changed in the 2006 Amendments. We are posting the
"Unofficial Compilation" in the following two ways on our website: as
one complete version of the entire OAA; and, Title by Title of the OAA so that
it can be downloaded by individual Title for those who only want portions of
the OAA. The Compilation is in PDF format. Because this is an UNOFFICIAL
COMPILATION, it is possible that there are some mistakes. The Center for
Social Gerontology, Inc. takes no responsibility for any problems these
mistakes may cause. If you should
find something which you believe is an error, please contact us, and we will
make any necessary changes. Contact Brooke McCreary at TCSG at 734 665-1126 or
e-mail at bmccreary@tcsg.org.
UPDATE: On May 15, 2007, TCSG revised the unofficial
compilation to include two additional footnotes regarding the "family
caregiver" definition. These can be found in Title III in SEC. 302(3) and
SEC. 372.(a)(1).
To
access the COMPLETE UNOFFICIAL OAA COMPILATION, including a Table of Contents,
click here.
To
access the UNOFFICIAL OAA COMPILATION BY INDIVIDUAL TITLE:
Title
I, Declaration of Objectives; Definitions: click here;
Title II, Administration on Aging: click here;
Title III, Grants for State and Community Programs on Aging: click here;
Title IV, Activities for Health, Independence, and Longevity: click here;
Title V, Community Service Senior Opportunities Act: click here;
Title VI, Grants for Native Americans: click here;
Title VII, Allotments for Vulnerable Elder Rights Protection Activities: click here;
Title VIII, Federal Youth Development Council: click here;
Title IX, Conforming Amendments: click here;
OAA 2005-06
Reauthorization Updates, Information, Downloads, & Links
Updates on
2005-06 OAA Reauthorization Activities: Click here Updated 10/17/06
Click
above to access a separate section of this site which will be updated regularly
with information on OAA reauthorization activities.
Information,
Downloads, & Links on 2005-06 OAA Reauthorization
Older
Americans Act reauthorization bill is signed by Bush on October 17, 2006 On October 17th, the Older Americans Act
reauthorization bill of 2006 was signed into law by Bush. This is a 5-year
reauthorization. The U.S. House of Representatives' Education and the Workforce
Committee issued a press release describing the highlights of the Older
Americans Act reauthorization legislation (H.R. 6197). The press release can be
accessed directly by clicking above. For more on the Older Americans Act
reauthorization, including a link to H.R. 6197, go to the House site by clicking here.
Shortly, we will place an analysis of key provisions of the bill on this site,
as well as links to related analyses.
OAA
reauthorization passes House and Senate; Goes to Bush for certain signature On September 30,
2006, the U.S. Senate by unanimous consent passed the Older Americans Act
reauthorization bill, H.R. 6197. The House had unanimously passed the bill on
September 28th. Since neither the House nor Senate made any amendments to H.R.
6197, there is no need for a conference committee, and, therefore, the bill
goes directly to Bush for a certain signature. Previously, the House had passed
its version of the OAA, H.R.5293, and the Senate HELP Committee had passed its
version, S. 3570. (See analyses below of both bills.) The House and Senate
committees then negotiated the differences between the two bills and produced a
bill which both the House and Senate agreed upon, H.R. 6197. With passage of
H.R. 6197, the OAA has been renewed for another 5 years. Click above to go to
the House site where you can access H.R. 6197 and related information. To
access a press release from the House Education & the Workforce Committee,
click here.
To access a press release from Senator Enzi, the chairman of the Senate HELP
Committee, click here.
Shortly, we will place an analysis of key provisions of the bill on this site,
as well as links to related analyses.
Quick analysis of
Senate-passed version of OAA reauthorization TCSG's Co-Director
Penny Hommel has done a "quick and dirty" analysis of S. 3570, the
Senate-passed version of the OAA reauthorization. This analysis examined the
bill specifically for changes/implications for legal services and Legal Service
Developers. The analysis does not focus exclusively on legal services, but also
looks at related sections of the bill. This analysis identifies where changes
have or have not been made in the current OAA as relates to legal services and
elder rights. By and large, the legal services and Legal Service Development
sections have not been changed in S. 3570 from the way they currently are in
the OAA, which is also true of the House version, H.R. 5293. Click above to
access the analysis in pdf format. The Senate version of the OAA
reauthorization, which has passed the HELP Committee has not yet gone to the
full Senate. For a similar analysis of the House version of the OAA
reauthorization, see directly below.
Quick analysis of
House-passed version of OAA reauthorization TCSG's Co-Director
Penny Hommel has done a "quick and dirty" analysis of H.R. 5293, the
House-passed version of the OAA reauthorization. This analysis examined the
bill specifically for changes/implications for legal services and Legal Service
Developers. The analysis does not focus exclusively on legal services, but also
looks at related sections of the bill. This analysis identifies where changes
have or have not been made in the current OAA as relates to legal services and
elder rights. By and large, the legal services and Legal Service Developers
sections have not been changed in H.R. 5293 from the way they currently are in
the OAA. Click above to access the analysis in pdf format. Shortly, we will
also be posting here an analysis of the Senate version of the OAA
reauthorization, which has passed the HELP Committee but has not yet gone to
the full Senate.
Current
House Bill 5293 (Title V) with line-by-line comparison with the current OAA
(2000) Title V language Senior Services America has prepared a cut and paste
comparison of HR 5293 versus the current OAA language for Title V. To access
this document, in pdf format, click above. For more on Title V issues in the
reauthorization, go to the section of the Senior Services America site on Title
V by clicking here.
For additional information on Title V, go to the Easter Seals site on the OAA
by clicking here.
Senate HELP Committee
unanimously passes their version of OAA reauthorization; Bill moves to Senate
floor On June 28th, the Senate Health Education, Labor and Pensions Committee
(HELP) passed S. 3570 unanimously as their version of the OAA reauthorization.
It will now go to the full Senate for a vote. S. 3570 is different from the
House-passed version (H.R. 5293) in a number of ways, including that the Senate
bill retains the title Older Americans Act Amendments whereas the House title
is the Senior Independence Act. Both bills provide for a 5-year reauthorization
of the OAA. A press release from Senator Enzi briefly describes the key
provisions of S. 3570 and can be accessed in pdf format by clicking above. To
access S. 3570, click here to go to Thomas
where you can enter the bill number and then access the bill.
Reauthorization
of the Older Americans Act passes House of Representatives without dissent On June 21st, the
U.S. House of Representatives, on a voice vote and without dissent, passed the
reauthorization of the Older Americans Act, known as the Senior Independence
Act of 2006. The bill is H.R. 5293. To access a June 21st press release from
the House Education & the Workforce Committee, click above. To access a
summary of the House bill, click here.
To access H.R. 5293, click here to go to
Thomas where you can enter the bill number and then access the bill.
Key Congressional Committees TCSG provides
these listings of the key Senate and House Committees and their members that
affect the appropriations for and the reauthorization of the OAA. The
membership of the key Senate Committees and Subcommittees for the 109th
Congress (2005-2006) can be accessed by clicking here. The membership of
the key House Committees and Subcommittees for the 109th Congress (2005-2006)
can be accessed by clicking here.
For information on other Congressional committees, go to Thomas by clicking
above.
Timetable for reauthorization of the OAA Congress focused
little attention on OAA reauthorization in 2005. However, on June 21, 2006, the
House, on a voice vote and without dissent, passed their version of the
reauthorization of the OAA. The House bill is H.R. 5293. On June 28, 2006, the
Senate Health Education, Labor and Pensions Committee (HELP) unanimously passed
their version of the reauthorization of the OAA. The Senate bill is S. 3570.
The bill now goes to the Senate for a vote. Presuming it passes as is, or with
amendments, it will be different from the House version, and therefore the two
versions will undoubtedly go to a conference committee to resolve the
differences. The timetable for Senate action is uncertain at this time.
Key Provisions in 2000 OAA Related to Legal Services
& Elder Rights TCSG has
prepared this listing so that you will be able to easily locate the sections of
the OAA of 2000 which are directly related to legal services and elder rights.
OAA
Reauthorization Policy Recommendations from Aging Organizations
Senior
Community Service Employment: Reauthorization of the Older Americans Act Title
V Hearing on March 28, 2006 On March 28th, the Senate Subcommittee on Retirement
Security and Aging of the U.S. Senate Health, Education, Labor & Pensions
held a hearing of the above title. Witnesses who testified included: Mason
Bishop, Deputy Assistant Secretary, Employment and Training Administration,
U.S. Department of Labor; John Beverly, III, Administrator, Office of National
Programs, Employment and Training Administration, U.S. Department of Labor;
Ignacio Salazar, President and CEO, SER -- Jobs for Progress National, Inc.;
Kent Kahn, Regional Communications Specialist, Experience Works Ohio; and Tony
Sarmiento, Executive Director, Senior Service America, Inc. To access copies of
their testimony, click above.
Senate
Subcommittee on Retirement, Security, and Aging: Roundtable Hearing on the
Older Americans Act on Feb. 14, 2006 The Senate Subcommittee held a roundtable discussion-type hearing on
the reauthorization of the OAA on Feb. 14th at which about 13 representatives
of various aging group presented statements. Statements were presented by the
Leadership Council of Aging Organizations, NAAAA, NASUA, NCOA, AARP, Alliance
for Retired Americans, National Caucus & Center on Black Aged, National
Asian Pacific Center on Aging, National Association for Hispanic Elderly, and
others. This was the first hearing in 2006 on the OAA. Statements of the
witnesses may be accessed by clicking above.
House
Subcommittee on May 24th hears testimony on OAA reauthorization from national
aging organizations On May 24, 2005 the U.S. House Subcommittee on Select
Education, chaired by Rep. Pat Tiberi (R-OH), conducted a hearing on OAA
reauthorization. Testimony was provided by: Michael O'Donnell of the National
Association of Area Agencies on Aging and the East Central Illinois Area Agency
on Aging; Joan Lawrence, director of the Ohio Department of Aging; Jane Metzger
of the Meals on Wheels Association of American; and Jesse Leos, National
Director of the SCSEP Program SER-Jobs for Progress, Inc. in Irving, TX. To
access the full press release , click here.
For the full testimony of each witness, click above. Also, click on Updates
above.
Testimony of Assistant
Secretary for Aging, Josefina Carbonell, on Reauthorization of the Older
Americans Act On May 17, 2005,
the U.S. Senate Committee on Health, Education, Labor & Pensions (HELP)
held a hearing titled "Planning for an Aging Population: The
Administration." The two witnesses who testified were Administration on Aging
Assistant Secretary Josefina G. Carbonell and Department of Labor Assistant
Secretary for Employment and Training Employment and Training Emily DeRocco.
They presented the Bush Administration ideas on planning for an aging
population. Assistant Secretary Carbonell presented the Administration's
preliminary ideas on the Older Americans Act reauthorization. To access her
full remarks, click above. To access the testimony of Assistant Secretary
DeRocco, click here.
N4A Recommendations for 2005
OAA Reauthorization The National Association of Area Agencies on Aging
(N4A) has adopted a set of principles setting forth proposals they would like
to see included in the reauthorization of the OAA. This link will enable you to
view the N4A recommendations.
The Need for Legal Services for Older Americans & for
Elder Rights Assistance and Advocacy
Elderly Legal Assistance
Program: Report on the Legal Needs of Seniors in Georgia This September,
2006 report was prepared for the Georgia Division of Aging Services by the
Planning and Evaluation Section Quality Assurance Team in collaboration with
the Georgia Legal Services Developer, Natalie Thomas. This 23-page report
provides an assessment of the legal needs of Georgia's senior population. In
the fall of 2005, the Division of Aging Services sent a survey form to 1,596
seniors; the response rate was nearly 30%. The survey was based on a similar
survey done in Utah in 2004, and assistance with the Georgia survey was
provided by TCSG staff and TCSG Consulting Attorney Jilenne Gunther, who was
the co-author of the Utah study. The purpose of the study was to assess (a) the
legal needs of Georgia's seniors, (b) their awareness of available legal
services, (c) their experiences with and perceptions of lawyers, (d) the
barriers seniors have with using lawyers, (e) legal issues that concern
seniors, and (f) the legal services that would have the most benefit for them.
To access the 23-page report, in pdf format, click above.
Planning for the Legal Needs
of Utah's Seniors This 2004 survey and report on the legal needs of
Utah's older persons was conducted and written by Jilenne Gunther, J.D.,
M.S.W., Alan Ormsby, J.D., (Utah Legal Services Developer) and Nathan Stephens,
B.S. The study assesses the legal needs of Utah's seniors, their perceptions of
and experiences with attorneys, their awareness of current legal services, and
the barriers to obtaining legal assistance. This 34-page study, with charts and
graphs, provides excellent data, as well as a fine example of the value of such
needs assessments as planning documents and as an essential document in
fund-raising efforts for legal services for older persons. While the study
deals with just one state, it provides valuable information about the legal
needs of older Americans generally. This link enables you to access the full
study, in pdf format.
Older Americans Act as amended in 2000: Information &
Links
Older Americans
Act as amended in 2000: official version This is the copy of the Older Americans Act as amended in 2000 as
found on the site of the official U.S. Code, prepared by the Office of the Law
Revision Counsel of the U.S. House of Representatives. This link takes you to
the U.S. Code where you will be able to access each Title of the OAA
separately, but not as one document; to access the full OAA in one document,
see link immediately below.
Older Americans Act as
amended in 2000: official version
This is a complete copy of the OAA as amended in 2000. Unlike the version
above, this will allow you to access the U.S. Code version with the complete
text in one document.
Older Americans Act
as amended in 2000 This link
takes you to the U.S. Administration on Aging web site where there are links to
information about the Older Americans Act as amended in 2000.
Legal Assistance
& the 2000 OAA Amendments: Questions & Answers
Key Provisions in 2000 OAA Related to Legal Services
& Elder Rights TCSG has
prepared this listing so that you will be able to easily locate the sections of
the OAA of 2000 which are directly related to legal services and elder rights.
The Focus on Elder
Rights Advocacy in the new Title VII in the 1992 Amendments to the OAA
2005 White House Conference
on Aging authorization language in OAA of 2000 This link takes you to the language in the OAA of
2000 which authorizes the 2005 White House Conference on Aging. Go to this site
and scroll down about three-fourth's of the way, where you will find the
language.
Highlights on OAA Reauthorization Developments in 2000
PRESIDENT
SIGNS OAA BILL ON NOVEMBER 13th; ATTENTION NOW TURNS TO REGULATIONS &
APPROPRIATIONS: Culminating almost
six years of efforts to reauthorize the Older Americans Act, President Clinton,
on November 13, 2000, signed the OAA into law. The OAA is now in effect for
five more years. It was expected that new OAA regulations would be issued
following enactment of the OAA, something that was not completed following
passage of the 1992 amendments to the OAA, but this has not occurred.
PRESIDENT
ANNOUNCES HE WILL SIGN OAA BILL: In a
White House press statement on October 26th, President Clinton praised the
passage of the OAA reauthorization bill after more than five years of work. He
pointed out that _the Older Americans Act ensures that seniors in every state
have access to meals, nursing home ombudsmen, legal assistance, elder abuse
prevention, employment and
transportation services that are essential to their dignity and independence._
[Emphasis added.] He noted that he was especially pleased that the bill
includes the new National Family Caregiver Support Program. He stated that he
looked forward to signing the bill.
SENATE
PASSES OAA BILL 94-0 ON OCTOBER 26th; ON TO THE PRESIDENT FOR SIGNATURE: On October 26th, the Senate, on a vote of 94-0, passed
the Older Americans Act reauthorization bill, as passed by the House. The bill
now goes to the President for certain signature.
HOUSE
PASSES OAA BILL 405-2 ON OCTOBER 25TH: On
October 25th, the House of Representatives passed, by a vote of 405-2, the
Older Americans Act reauthorization bill. The measure now heads to the Senate.
OCT.
6TH, THE SENATE & HOUSE REACHED AGREEMENT ON OAA REAUTHORIZATION
LEGISLATION: After years of work trying
to craft a new version of the OAA, on October 6, 2000, Senate and House staff
reached agreement on the final items separating the two branches. One of the
final issues settled was legal assistance to vulnerable older Americans and
elder rights; this was settled, and legal services remain a priority service
which must be funded with Title IIIB dollars, and Chapter 4 of Title VII (the
Elder Rights title and the Legal Services Developer chapter) remains, although
in a "streamlined" fashion. Further, language was retained in Title
IIIB concerning targeting services to the most socially and economically
vulnerable older Americans, including minority populations.
TCSG and Related Statements on OAA 2000 Reauthorization
The
following are TCSG and related statements/press releases on the OAA
reauthorization:
Oct. 30, 2000: National Asso. of Legal
Services Developers statement on OAA Reauthorization
Oct. 25, 2000: TCSG Hails Passage of OAA
Reauthorization by House
The OAA: 1992 Law & History of Key Changes Related to
Elder Rights and Legal Assistance to Older Americans
BPN
on 1992 Amendments to OAA focusing on the new Elder Rights title: This link is to TCSG's Best Practice Notes newsletter of July, 1994, which provided an analysis
of the Elder Rights title which had been added to the OAA in the 1992
amendments to the law as a means of reinvigorating and reaffirming the
commitment of the OAA to advocacy for the rights and needs of older Americans.
Included in this newsletter are excerpts from the very compelling testimony of Dr.
Arthur Flemming on the importance of
advocacy as a part of the OAA. Click here.
OAA
History and Amendments: TCSG provides
information on the history of changes in the OAA since its inception in 1964,
particularly as they pertain to legal assistance for older Americans. This is a
direct link to a portion of TCSG's Comprehensive Guide to Delivery of Legal
Assistance to Older Persons. Click here.
Links to related sites and information, including key
Congressional committees
The
following links are to materials or other sites which provide more information
related to the reauthorization of the OAA:
Key Congressional CommitteesTCSG provides
these listings of the key Senate and House Committees and their members that
affect the appropriations for and the reauthorization of the OAA. The
membership of the key Senate Committees and Subcommittees for the 109th
Congress (2005-2006) can be accessed by clicking here. The membership of
the key House Committees and Subcommittees for the 109th Congress (2005-2006)
can be accessed by clicking here.
For information on other Congressional committees, go to Thomas by clicking
above.
THOMAS - THOMAS is Congress' official site on
the net. THOMAS provides the most current information regarding the
reauthorization bills, including status updates and updated co-sponsor
listings, etc. Bills are searchable by number and word.
Resources on Lobbying Rights/Limitations RE
Non-Profit Groups: Historically in the U.S., non-profit, 501(c)(3)
organizations have played an important role in public policy debates, and the
laws of the U.S. and the states have respected and supported this advocacy
role. There clearly are certain legal limitations on this role, but they
equally clearly support this lobbying and advocacy role. For comprehensive information
for 501(c)(3) organizations on laws concerning and governing lobbying and how
to lobby, go to the web site of Charity Lobbying in the Public Interest by clicking above. For the section of this site titled
Lobbying, Public Policy Advocacy and the Law where there are links to an IRS letter on lobbying by
non-profits, a statement by the American Bar Association, and much more, click here.