The Center for Social Gerontology Older Americans Act Reauthorization

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.


The Center for Social Gerontology, Inc.
2307 Shelby Avenue  Ann Arbor, MI  48103
Tel: (734) 665-1126  Fax: (734) 665-2071
Email: 
tcsg@tcsg.org