[Congressional Record (Bound Edition), Volume 146 (2000), Part 17]
[Senate]
[Pages 24732-24740]
[From the U.S. Government Publishing Office, www.gpo.gov]
REAUTHORIZATION OF THE OLDER AMERICANS ACT
Mr. DeWINE. Mr. President, as the lead sponsor of the Older Americans
Act, along with my friend, the chairman of the committee, Senator
Jeffords, I thought I would take a few moments, even though we are not
technically on the bill at this point, to begin a discussion of this
bill. I make note to my colleagues in the Chamber that I will be a few
minutes in doing this, so if any of my colleagues do want to proceed in
morning business on other matters, I will be more than happy to yield
when they come to the floor.
[[Page 24733]]
We will begin today a debate about a bill that has been long in
coming. Previous Congresses have had difficulty reaching agreement on
reauthorizing the Older Americans Act for any number of reasons, and
previous Congresses have failed to do that. But I think anyone who
works in this field, anyone who understands what is going on with the
Older Americans Act, knows it is past time for Congress to reauthorize
the bill.
This is a bipartisan program. It is a program that dates over 35
years. It is a program that delivers great services to the senior
citizens of this country. What we have done in this bill in a very
bipartisan fashion is to bring it up to date to meet the needs of
senior citizens entering this new century.
This bill is going to help ensure the continuation of valuable
supportive services for lower income older Americans. It will establish
new and reliable services from which every older American can benefit
and provide support for those caring for older adults.
This reauthorization would not be a reality if it were not for the
persistent, bipartisan efforts and dedication of the Senate Aging
Subcommittee ranking member, Senator Mikulski; Health, Education,
Labor, and Pensions Committee chairman, Senator Jeffords and the
ranking member, Senator Kennedy; the House Education and the Workforce
Committee chairman, Congressman Goodling, and the ranking member,
Congressman Clay; as well as the House Postsecondary Education,
Training, and Life-Long Learning Subcommittee Chairman McKeon and
Congressman Martinez. Each has worked tirelessly on this legislation,
along with the members and staff of the Senate Aging Subcommittee, the
full Health, Employment, Labor, and Pensions Committee, and the Senate
Select Committee on Aging.
I also thank additional colleagues, such as Senator Hagel, Senator
Collins, and Senator Wyden, for their insights and contributions to
reaching a bipartisan agreement on this bill. I will mention later the
great work that Senator Grassley has also done to offer a new provision
in this bill which, again, meets the needs of seniors in this century.
Because of this support and help, we are going to see the Older
Americans Act finally reauthorized.
Reauthorization attempts in both the 104th and 105th Congresses
failed for many reasons. So as chairman of the Aging Subcommittee, I
introduced S. 1536, with the hope we could get a reauthorization passed
in this Congress. At the end of this past July, our committee marked up
that bill and developed a solid piece of legislation that reflects
months of hard work and deliberation. I am very pleased that yesterday
the House of Representatives passed this bill overwhelmingly by a vote
of 405-2. They passed their reauthorization bill which represents the
combined legislative efforts of both the House and the Senate.
I point out to my colleagues that one of the things we did as we
worked through this bill for the last 2 years was to work with the
House Members on both sides of the aisle so we would finally emerge
with a consensus bill and a bill we would be able to pass in both the
Senate and the House.
This reauthorization bill we have before us today represents a
modernized and streamlined Older Americans Act and one that maintains
some of the most important and successful programs the Federal
Government provides for our senior citizens.
As an editorial in a newspaper in my home State of Ohio, the
Cincinnati Post, on September 20, 1999, stated:
The Older Americans Act has been the closest thing on
record to a national policy on aging.
That is a pretty strong statement, but it is true. It is true because
the Older Americans Act created and is responsible for programs that do
the following: Provide nutrition both at home and at senior community
centers; protect the elderly from abuse, neglect, and unhealthy nursing
homes; offer valuable jobs to seniors; furnish transportation which is
so vital for the way seniors live today; and render valuable in-home
services such as homemaker and home health aides, chore services,
respite care, and personal care services.
To be sure, as our senior population grows larger and larger, these
services and many others become more and more important--not just
important but, in many cases, essential to maintain the quality of life
of our senior citizens, central to the continued well being and
prosperity of our aging senior community. That is why it is fundamental
to the security of our seniors that we reauthorize, protect, and
improve the Older Americans Act. Our reauthorization bill does just
that.
First, it will permit States to implement cost sharing for some of
the services provided under the Older Americans Act. This means that
States will be able to obtain payments from wealthier seniors for
services. Doing so enables States to expand services to additional
older individuals.
This is something that was asked for by the people who testified in
our committee. They told us the current rules and regulations were
complicated, very difficult to understand, and were being interpreted
differently from county to county within a State, such as my State of
Ohio.
Working in a bipartisan fashion, we put together the language that
will make it much easier for these laws to be administered.
Second, our authorization will increase flexibility for States by
authorizing the Assistant Secretary on Aging to issue waivers to States
with certain provisions of the Older Americans Act. This flexibility
will help eliminate obsolete, duplicative, and burdensome requirements
of a State plan and the area plan.
Third, our bill includes the first major changes to the Senior
Community Service Employment Program, title V. It begins to change the
allocation of funds between the States and the organizations that
provide jobs. It allocates 75 percent of the first $35 million in
additional funding for the program to the States and 25 percent to
organizations. Any increase in funding over $35 million will be split
50-50 between the States and the national organizations. Historically,
the funding split has been practically the reverse, with 78 percent
allocated to national sponsors and 22 percent to the States. This is an
improvement that has received bipartisan support of the Governors
across the country.
Let me stop for a moment and say how much we have relied on the
Governors as we have fashioned this bill and how much they support this
bill. This bill is supported by the NGA; it is supported by the
southern Governors. It has received a great deal of support and help
from them. We thank them for that support.
Additionally, our bill provides Governors greater responsibility and
influence over the allocation of title V job slots within their States,
and it includes performance measures that all organizations and States
must meet. Failure to meet such standards will result in the loss of
job slots. Those slots then will be redistributed through open
competition and will help eliminate poorly performing grantees in the
program--one more way the Governors will have more say in title V and
more say in how these slots are allocated and, not only a say in how
they are allocated, but a say in what happens with them, and they will
have the ability to measure the success or failure of these programs.
These improvements are the result of our efforts to make sure our
reauthorization bill addresses the most important concerns facing older
Americans. That is why even before drafting the reauthorization bill,
as chairman of the Aging Subcommittee, we held six subcommittee
hearings covering titles of the existing law.
I see on the floor my colleague, Senator Mikulski, who played such a
major role in those committee hearings. In fact, those six hearings
were very helpful in eliciting information to make this a better bill.
At one of those hearings, for example, we heard from Reeve Lindbergh,
the daughter of Charles and Anne Morrow Lindbergh. Her mom was
subjected, according to her testimony, to 10 years of financial and
other abuse and, as Reeve pointed out: ``It''--referring to that type
of elder abuse--``can happen to anyone.''
[[Page 24734]]
Because of similar testimony, we included language in the
reauthorization to protect elders not only from physical abuse and
neglect but also from financial abuse and exploitation. We also added
language to coordinate State and local advocacy and protection services
directly to State and local law enforcement agencies, as well as
linking them to the court system.
I will now turn to a provision that has bipartisan support and whose
lead sponsor is my friend, Senator Chuck Grassley. This is the National
Caregiver Support Act which is an integral part of this bill.
Another one of our Aging Subcommittee hearings focused on the bill I
just referenced, the National Family Caregiver Support Act, which
Senator Grassley sponsored, along with Senators Breaux, Bryan, Dodd,
Hutchinson, Kohl, Lincoln, Mikulski, Reed from Rhode Island, Reid from
Nevada, Santorum, and Wyden.
Following moving testimony from people such as Carolyn Erwin-Johnson
from Baltimore, MD, we included this important act as a provision in
our reauthorization bill. At our subcommittee hearing, Carolyn spoke
movingly of one of the most important aspects of the Caregiver Support
Act--the need for respite care. Let me explain.
When her elderly mother became unable to care for herself anymore,
Carolyn decided against placing her in a nursing home. She chose,
instead, to care for her mom at home. When her mother first moved in
with her, Carolyn said she had to discontinue her doctorate program.
She had to find a job and more accommodating hours. Unfortunately, and
not surprisingly, that job also paid less money.
Carolyn continued in her testimony that she needed advice about
lifting her mother, feeding her mom, medications, and many other
challenges, things she had not faced before in her life, and most of us
have not.
Most of all, however, because of her mother's constant care needs,
Carolyn testified that she just needed some rest, she just needed a
break. With the National Family Caregiver Support Act provision
included in our reauthorization, Carolyn will get that break in the
form of respite care--someone to take over for her for maybe a weekend,
maybe a day, maybe just a few hours, so she can shop for herself and
complete some overtime work or just rest. Again, this is an attempt to
bring this bill up to date and to authorize the type of services that
are so very important today.
In addition to respite care, the Caregiver Support Act brings an
intergenerational element to the reauthorization of the Older Americans
Act.
During an Aging Subcommittee field hearing we held in Cleveland, we
heard from grandparents who, for any number of reasons, were caring for
their grandchildren, raising their grandkids. In some cases their own
children were addicted to drugs or were in prison or died. There are
any number of reasons why these folks were doing something that we did
not see done that much 20 or 30 or 40 years ago but something that is,
frankly, very common today. Rather than relinquishing their
grandchildren to foster care, these grandparents took on the
responsibility of raising them and keeping the family together. That is
something that we in Congress should support when people make that
choice.
The grandparents who testified in front of our committee in Cleveland
are not alone. The number of grandparents raising children is growing
and growing. In fact, a Census Bureau report released last year
indicated that 3.9 million children in the United States were living in
homes maintained by their grandparents. That is up an astounding 75
percent since 1970.
A 1998 study by the University of Cincinnati found that grandparents
are caring for their grandchildren in 10 percent of Ohio households
with children, and of that 10 percent, approximately 32,000
grandparents statewide are the sole providers for their grandchildren.
Amazing figures.
Let's look at the example of a Cleveland woman in her early seventies
named Bertha. At our hearing last year, she told us her story. She told
us about the difficulties she faced in taking on the responsibility of
raising her three great-nephews--Clarence, age 12; Joseph, age 11; and
Christopher, age 10.
The boys' father--a horribly sad story--died from AIDS. Their drug-
addicted mother was simply in no shape to take care of them at all.
Someone needed to take care of those boys, so Bertha took them in.
When the three boys first moved into Bertha's home, she had no way to
support them financially. To be eligible for assistance, she became a
licensed foster mother. But despite doing so, a full year went by
before the county gave her any financial assistance at all.
Additionally, she testified it has been very difficult getting
information about available services. In the process, she has
encountered mounds of bureaucratic redtape.
New information and assistance services in the Older Americans
Reauthorization Act, as well as the respite care and support groups
provided in the Caregiver Support Program, will provide much needed
assistance to people, relatives, great-aunts, grandparents--people such
as Bertha, people who have taken on a tremendous responsibility many
years after raising their own children, many years, I am sure, after
they thought they would ever be doing this.
Many older Americans who are now raising children for the second time
need information, and they need respite care. Our bill would provide
those kinds of services.
I see my colleagues on the floor, Senator Mikulski and Senator
Kennedy. And Senator Jeffords will be here in a moment. Let me conclude
for now by saying that this is a long time in coming. It is a good
reauthorization bill. It is the product of a great deal of work by many
Members of this Chamber. It is a bill we can all be proud of, a bill we
can be proud today to pass and send to the President. Our
reauthorization bill makes the most substantial reforms in the Older
Americans Act since its creation.
Our bill is a key step toward preparing for the demographic tidal
wave of aging baby boomers in the next few decades. The fact is that we
are an aging nation. Today, 12.7 percent of the U.S. population is over
the age of 65. By the year 2030, that number will grow to 20 percent.
There is no indication that this trend will slow anytime soon.
Americans, thank heavens, are living longer, making it all the more
pressing we ensure that supportive services exist for every older
American now and in the future. By working together, on a bipartisan
and bicameral basis--both sides of the aisle; both the House and the
Senate--we have crafted a bill that will make a lasting contribution to
all older Americans; and that is something we can all be proud of as a
major accomplishment as this 106th Congress ends.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KENNEDY. Mr. President, first of all, I thank Senator DeWine and
Senator Jeffords for their leadership. As Senator DeWine has pointed
out, this has been a long, continuing struggle for the last 2 years.
This has been a bipartisan struggle. We are grateful for the efforts of
the House of Representatives.
I wish to say on our side, the real champion for this program is on
my left, Senator Mikulski, from the State of Maryland, who over the
period of these last 2 years has been an absolutely tireless advocate
on this particular issue, as she has been on so many others. We would
not be here this morning in the final hours of this session if not for
her strength and determination to see this measure move ahead.
I think what she and others have understood is that it has been 5
years since we have seen this important legislation expire. As a
result, we have seen even funding on the Older Americans Act. In that
respect, there has been a falling behind in the attention to the
services for our senior citizens.
This is a much better bill than the last authorization; and it will
benefit our senior population in a much more
[[Page 24735]]
sensitive and extensive way. Hopefully, it will gain acceptance and
support from our colleagues in the Senate and the House and will be
sent to the President so we can strengthen the outreach programs that
are lifelines to our senior citizens.
So I pay particular tribute to my colleague, Senator Mikulski, for
her leadership. I thank the administration and President Clinton for
the strong priority that he has placed on this and the attention that
the Secretary has given to getting this action.
I think most of us know we are operating in a very highly charged
political atmosphere as we are coming to the last 2 weeks of a
political campaign for election to the House and the Senate. But the
House of Representatives yesterday passed this bill 405-2. We are very
hopeful that we will have a similar outcome. It does indicate that when
people of good will want to move a process forward, it can be done. I
commend all of those who have worked over a very considerable period of
time and have really tried to find common ground on some very difficult
and complex issues.
Finally, I wish to highlight the very important aspects of this
legislation. I think the most powerful and obviously important parts
are the nutrition programs, which have been the largest and the longest
standing of the programs--this traces back to 1965. Meals on Wheels and
congregate meals have been an incredibly important program in
permitting so many of our seniors to live at home, and also to benefit
from nutritious meals in these congregate sites. It is an important
nutritional aspect for many of our seniors who are hard pressed.
This bills value in terms of our elderly population cannot really be
measured in terms of dollars and cents. It includes important
preventive health programs, absolutely essential transportation
programs, and important employment opportunities as well. These
opportunities enable many of our seniors continue to be useful,
constructive, and productive workers, primarily focused on serving
communities.
There are extraordinary workers under this program. I have met so
many of them in travels around my own State of Massachusetts. What they
do in terms of adding an additional dimension of services in local
communities is really extraordinary. Many people believe, with regard
to programs in which they are particularly interested, that they get a
great bang for the buck. This Nation, with this program, gets enormous
advantages in terms of permitting our seniors to live in the kind of
peace and dignity and with a degree of security in these areas which
they would be hard pressed to have if this legislation were not on the
books.
The Older Americans Act was enacted in 1965, three years after I was
first elected to the Senate. I am proud to have been one of its
original supporters. Over the years since then, we have repeatedly
expanded the act to meet more of the needs facing older citizens.
Today, the Senate is about to approve a reauthorization of the act
which keeps faith with the nation's senior citizens. Current law
supports a broad array of home-based and community-based support
services to enhance the health and well-being of persons over sixty
years of age. This legislation preserves and strengthens these
programs, which provide vital links between senior citizens and their
communities.
For seniors who are healthy and active, the act offers community
service employment opportunities, preventive health services, and
transportation services. It also supports a range of social activities,
including congregate meals. The act supports more than 6,400
multipurpose senior citizen centers across the country.
For those frail seniors who lack mobility, it helps to maintain a
lifeline to the outside world. It provides daily home-delivered meals,
in-home care services, home-maker services, and transportation to
doctors and other caregivers, and it supports programs to protect
vulnerable seniors from abuse and exploitation. The long-term care
ombudsman program investigates and resolves complaints of elderly
residents of nursing home facilities and other adult care homes.
These programs make a significant difference for those they were
designed to help. This legislation reaffirms our commitment to ensuring
that older Americans continue to receive the services which are so
essential to their quality of life. This reauthorization means
increased federal financial support of these very worthwhile programs.
Of all the Older American Act programs, nutrition assistance is the
largest and longest running. It was created as a response to disturbing
evidence that, due to poverty and isolation, many senior citizens were
suffering from serious nutrition deficiencies, and that the lack of
good nutrition was contributing to their poor health.
Today, under the act, we are providing over 240 million meals a year
to over 3 million senior citizens. Approximately half of these meals
are provided in congregate social settings and the other half are
delivered daily through the Meals on Wheels program to seniors in their
homes. This program has broad-based community support. The many
volunteers who deliver meals to the home-bound have greatly expanded
the reach of the act. Unfortunately, we have not had sufficient
resources to fully meet the need. Passage of this legislation will mean
a substantial increase in the level of funding for these vital
nutrition programs.
The Senior Community Service Employment Program, authorized by title
V of the act, is the nation's only employment and training program
aimed exclusively at low-income older persons--and it will have an
increasingly important role as the Baby Boom generation ages. The
nation will have 1.4 million more low-income persons over the age of 55
in the year 2005 than there were in 1995, and many of them will want to
continue working.
Title V serves over 90,000 low-income elderly persons every year.
Eighty percent of these participants are age 60 or over, and 16 percent
are above 75 years of age. The jobs obtained through this program
provide these men and women with needed economic support. But it does
much more than that. It keeps them active and involved in their
communities, not isolated at home. It provides opportunities to make
important contributions to their communities and to learn new skills--
and it enhances their sense of dignity and self-esteem. In this
legislation, we have significantly strengthened the Community Service
Employment Program and provided for its much-needed expansion.
As part of this legislation, we have also created a National Family
Caregiver Support Program to help families who care for ill or disabled
parents or elderly relatives at home. We know how difficult it can
become for a family when an elderly person needs a high degree of
continuous care. We know the importance of keeping a frail senior at
home in a loving environment whenever it is medically possible. This
new program will provide essential support services to help these
seniors remain with their loved ones. These families deserve our
assistance, and this new program will ensure that they receive it.
Family caregivers will be able to obtain a broad range of support
services, including respite care, in-home assistance, training in
caregiver skills, and family counseling, all of which will make a major
difference for these vulnerable seniors and their families. The federal
government will fund 75 percent of the cost of these services, and the
states will fund the remainder. We have authorized $125 million for the
first year of this new effort, and we anticipate the program will grow
in succeeding years.
This reauthorization of the Older Americans Act is the product of a
two-year bipartisan effort. Senators Jeffords, DeWine, Milulski, and I
share a common commitment to preserving and strengthening these
programs, which have done so much to improve the lives of millions of
senior citizens. We also shared a common determination to break through
the barriers which prevented reauthorization in the last two
Congresses. I commend my three colleagues for their leadership in
[[Page 24736]]
fashioning this legislation. Because of the bipartisan spirit in which
they approached this task, they made the difficult possible.
I also commend the important role of the Clinton administration. The
Departments of Labor and Health and Human Services have been extremely
helpful throughout the reauthorization effort. President Clinton
deserves particular credit for proposing creation of the National
Family Caregiver Support Program.
The legislation before us is supported by the National Governors'
Assn. and by nearly fifty organizations, which represent senior
citizens, including: The Leadership Council of Aging Organizations;
American Association of Retired Persons; National Committee to Preserve
Social Security and Medicare; National Association of Area Agencies on
Aging; National Association of State Units on Aging; Meals on Wheels
Association of America; Generations United; Green Thumb; National
Council of Senior Citizens; National Urban League; National Council on
Aging; National Caucus and Center on Black Aged; National Association
for Hispanic Elderly; National Asian Pacific Center on Aging; National
Indian Council on Aging; Alzheimer's Association; American Society on
Aging; Gerontological Society of America; Association of Jewish Aging
Services; National Academy of Elder Law Attorneys; Older Women's
League; National Association of State Long Term Care Ombudsman
Programs; and National Association of Nutrition and Aging Services
Programs.
I ask unanimous consent that letters of support from a number of
these organizations may be placed in the Record. Their strong support
demonstrates that this bill will truly benefit the older Americans it
is designed to serve, and I urge the Senate to approve it.
There being no objection, the material was ordered to be printed in
the Record, as follows:
National Governors Association,
Washington, DC, October 17, 2000.
Hon. Trent Lott,
Majority Leader, U.S. Senate, Washington, DC.
Hon. Thomas A. Daschle,
Minority Leader, U.S. Senate, Washington, DC.
Dear Majority Leader Lott and Minority Leader Daschle: As
the end of the 106th Congress approaches, the nation's
Governors urge you to help the states provide critical
support and services for the nation's seniors by
reauthorizing the Older Americans Act (OAA).
This law has established the primary framework in the
states for the delivery of vital support and nutritional
services to seniors. Reauthorization of this important
program will demonstrate a federal commitment to these
critical issues, and will be crucial for ensuring that
seniors continue to receive key OAA services.
The authorization for the OAA expired in 1995, and the law
has not been reauthorized in the past five years. This lack
of legal authority puts OAA programs and funding at risk.
After considerable negotiation and compromise, we now
understand that the current proposal enjoys broad bipartisan
support. We therefore ask that you move quickly to ensure the
reauthorization of the Older Americans Act this year.
Sincerely,
Governor Jim Hodges,
Chair, Human Resources Committee, State of South Carolina.
Governor Bob Taft,
Vice-Chair, Human Resources Committee, State of Ohio.
____
Leadership Council of Aging
Organizations,
Washington, DC, July 18, 2000.
Hon. James M. Jeffords,
Chairman, Senate Committee on Health, Education, Labor, and
Pensions, Dirksen Senate Office Building, Washington, DC.
Dear Mr. Chairman: The undersigned members of the
Leadership Council of Aging Organizations (LCAO), applaud the
leadership of the Senate Committee on Health, Education,
Labor, and Pensions for developing a bipartisan bill to
reauthorize the Older Americans Act which will modernize and
strengthen the programs and services provided to millions of
older Americans. We are especially appreciative of the open
and productive process used by Committee staff to obtain
input from all interested parties on the future of the Act.
We believe the Committee has crafted a compromise bill,
which moves the Act in a number of critical new program
directions, while maintaining the integrity of all of the
current Titles. We are especially pleased that the bill
authorizes a new Family Caregiver Support Program that will
provide essential services to thousands of people caring for
older individuals in the home.
We urge you to support this bill when the full Committee
considers it this week.
Sincerely,
AARP; AFL-CIO Department of Public Policy; Alliance for
Aging Research; Alzheimer's Association; American
Association for International Aging; American
Association of Homes and Services for the Aging;
American Society of Consultant Pharmacists; American
Society on Aging; Association for Gerontology and Human
development in Historically Black Colleges and
Universities; Association of Jewish Aging Services;
B'nai B'rith International; Gerontological Society of
America; Green Thumb; Meals on Wheels Association of
America; National Academy of Elder Law Attorneys;
National Association of Area Agencies on Aging;
National Association of Foster Grandparent Program
Directors; National Association of Nutrition and Aging
Services Programs; National Association of Retired and
Senior Volunteer Program Directors; National
Association of Senior Companion Project Directors;
National Association of State Long Term Care Ombudsman
Programs; National Association of State Units on Aging;
National Caucus and Center on Black Aged; National
Committee to Preserve Social Security and Medicare;
National Council on the Aging; National Hispanic
Council on Aging; National Osteoporosis Foundation;
National Senior Service Corps Directors Association;
OWL; United Jewish Communities.
____
July 14, 2000.
Hon. Jim Jeffords,
Chairman, Senate Health, Education, Labor, and Pensions
Committee, Dirksen Senate Office Building, Washington,
DC.
Hon. Edward M. Kennedy,
Ranking Member, Senate Health, Education, Labor, and Pensions
Committee, Dirksen Senate Office Building, Washington,
DC.
Dear Chairman Jeffords and Senator Kennedy: The undersigned
Title V private sector grantees thank you, Senator DeWine and
Senator Mikulski for your leadership in constructing an Older
Americans Act (OAA) reauthorization bill that all interested
parties can support. We believe you have succeeded in that
endeavor. While some elements of the July 12 draft bill can
be improved, we believe that, on balance, the overall package
will put the OAA on solid footing for the next five years.
We are pleased that the Committee has incorporated many
improvements recommended by our organizations. With respect
to Title V, we particularly appreciate provisions that:
hold States and private sector grantees harmless at the FY
2000 level of activity;
ensure that a unit cost adjustment due to an increase in
the minimum wage or cost of living increases will have first
priority in new Title V appropriations;
establish clear administrative cost definitions;
set strong but reasonable placement standards and provide
for the establishment of performance standards reflecting the
multiple goals of the program; and,
establish procedures to ensure greater accountability and
that introduce constructive competition into the program.
The allocation of the first $35 million available after
unit cost and minimum wage increases remains troubling. We
hope, however, that the new performance and accountability
measures in the legislation will produce better results.
Regarding Title III, we commend the Committee for
addressing a number of issues of concern to most of our
organizations and others in the aging network. Among
improvements are measures that buttress legal assistance
services, restore consumer grievance procedures and
strengthen public hearing provisions. It is our understanding
that the targeting language in the law has not been changed
in the draft bill. On the other hand, while we welcome
enhanced consumer protections related to financial
contributions, we remain concerned about the impact on
vulnerable individuals of expanded cost sharing by the
States. We urge you to narrow the scope of this activity as
the legislation moves forward.
All in all, we believe the Committee has met the
considerable challenge of updating the Older Americans Act
and strengthening the infrastructure needed to serve a
rapidly expanding aging population. We look forward to
working with you to see this legislation enacted before the
end of the 106th Congress.
Sincerely,
Horace B. Deets, on behalf of:
AARP, Green Thumb, National Asian Pacific Center on Aging--
NAPCA, National Association for Hispanic Elderly--ANPPM,
National Caucus and Center on
[[Page 24737]]
Black Aged--NCCBA, National Council of Senior Citizens--NCSC,
National Indian Council on Aging--NICOA, National Urban
League--NUL.
____
National Committee to Preserve
Social Security and Medicare,
Washington, DC, July 14, 2000.
Hon. Edward M. Kennedy,
Ranking Minority Member, Committee on Health, Education,
Labor and Pensions, Russell Senate Office Building,
Washington, DC.
Dear Senator Kennedy: On behalf of the members and
supporters of the National Committee to Preserve Social
Security and Medicare, I would like to thank you for your
strong efforts to reauthorize the Older Americans Act this
Congress. We have reviewed the draft legislation for next
week's scheduled mark-up and I am delighted to say that we
support its favorable consideration.
This legislation would protect and preserve the many key
components of the Older Americans Act, which include the
meals programs, in-home service, Title IV research, and jobs
programs. It also preserves the vital provisions of Title VII
Vulnerable Elder Rights programs, including Legal Services,
Elder Abuse Prevention, and the Long-Term Care Ombudsman. We
are also pleased that your bill would add important new
provisions to the Older Americans Act for pension counseling
and family caregiver support.
I know this bill is the product of considerable bi-partisan
negotiation and effort, and we appreciate your strong
leadership in this process. It would be a tremendous 35th
birthday present to the Older Americans Act if it were signed
into law this year.
This reauthorization effort and any changes it brings will
set the stage for aging policy as we enter the new
millennium--an era in which meeting the needs of our more
isolated seniors within their communities must dominate an
increasing share of our national attention. We look forward
to the enactment of Older Americans Act legislation before
the close of the 106th Congress.
Sincerely,
Martha A. McSteen,
President.
____
National Association of Area
Agencies on Aging,
Washington, DC, July 17, 2000.
Hon. Edward Kennedy,
Ranking Member, Committee on Health, Education, Labor and
Pensions, U.S. Senate Dirksen Senate Office Building,
Washington, DC.
Dear Senator Kennedy: The National Association of Area
Agencies of Aging (N4A) commends you and your staff for your
leadership on the Older Americans Act Reauthorization. We are
extremely pleased that a compromise measure has been
developed that resolves a majority of the issues that delayed
reauthorization in the past. We are hopeful that the
consensus growing around this compromise measure will provide
the impetus necessary to see this law reauthorized during the
106th Congress.
For over thirty years, the Older Americans Act (OAA)
programs and services have improved the quality of life for
millions of older adults and their families. Services
provided through the OAA include a wide range of home and
community based services, such as information and assistance
to older adults and their caregivers, home delivered meals,
transportation, home care, respite care, adults day care,
elder rights and legal assistance, employment assistance and
direct funding for tribal elders. The time is long overdue
for Congress to reconfirm the federal commitment to the
nation's older citizens by reauthorizing the legislation that
facilitates the ability of these individuals to remain in the
settings where they want and deserve to be, in their homes
and communities.
The bill contains many provisions that have long been
priorities of N4A. Our membership particularly appreciate the
bill's inclusion of a $125 million authorization for a Family
Caregiver Support Program which builds upon existing
infrastructures at the local level.
The 655 Area Agencies on Aging and 230 Title VI Native
American Indian grantees that N4A represents are anxious to
see the Older Americans Act reauthorized this year. We
support movement of the Chairman's mark out of committee and
to the floor for consideration by the full Senate. We stand
ready to assist you in your efforts to make 2000 the year
that we realize the long-overdue Older Americans Act
Reauthorization.
Sincerely,
Janice Jackson,
Executive Director.
Barry Donenfeld,
President.
____
National Association
of State Units on Aging,
Washington, DC, July 18, 2000.
Hon. Edward Kennedy,
U.S. Senate, Russell Senate Office Building, Washington, DC.
Dear Senator Kennedy: The National Association of State
Units on Aging (NASUA) urges you to support the Senate
Health, Education, Labor and Pensions Committee's leadership
bill to modernize and reauthorize the Older Americans Act
(OAA). As you know, the bill will be considered by the
Committee on July 19.
Since its enactment in 1965, the OAA has provided the
elderly with home and community-based services so they may
remain in their homes and live with independence and dignity.
Such services include home-delivered and congregate meals,
in-home care, respite care, adult day care, and case
management. OAA programs and services complement other state
and federal programs, such as the Social Services Block
Grant, the Medicaid waiver program, and state-funded home and
community-based service programs.
The leadership bill will reauthorize the Older Americans
Act for 5 years. It maintains the focus and integrity of all
the current titles in the Act, including those programs that
authorize the long-term care ombudsman program and state
legal assistance development.
Most importantly, the bill authorizes a new national family
caregiver support program to provide supportive services to
family and friends who care for older people in the home. The
bill will also revitalize the Title V employment program. In
addition, it will give states the option to institute cost
sharing for certain services in order to expand services
available to those now on waiting lists.
The leadership bill is the product of many months of hard
work on the part of committee staff, members, and aging
organizations that serve older people. It is a compromise we
believe will advance the interests of older people in the new
millennium.
If you have any questions, please call Kathy Konka at 202/
898-2578.
Sincerely,
Daniel A. Quirk, PhD,
Executive Director.
____
Meals on Wheels Association
of America,
July 14, 2000.
Hon. Edward M. Kennedy,
Ranking Member, Committee on Health, Education, Labor and
Pensions, Russell Senate Office Building, Washington, DC.
Dear Senator Kennedy: As President of the Meals On Wheels
Association of America (MOWAA), the oldest and largest
national organization representing those providing meals to
seniors, I am writing to request your support of ``The Older
Americans Act Amendments of 2000'' (the DeWine/Jeffords
substitute to S. 1536), proposed legislation to reauthorize
the Older Americans Act. Reauthorization of the Older
Americans Act during this Congress is a priority for MOWAA,
and we are delighted that you and your colleagues have an
opportunity to approve a bill that addresses the concerns
expressed to you by MOWAA, other service providers and groups
serving Older Americans, and the elderly themselves.
When I presented testimony to the Subcommittee last year, I
stated that MOWAA was committed to reauthorization, because
we believe that the Act is a lifeline for many of this
country's seniors. It is the foundation on which a large and
vital national, yet distinctly local, system of home and
community-based services has been built. In other words, it
has worked well. But as we move into this new millennium, and
the needs and profiles of those who rely on the Act's
services continue to change, parts of the Act need to be
modified and fine-tuned to meet the new challenges. MOWAA's
testimony outlined some of the changes that this Association
believed would be important for the future health and growth
of senior meal programs and the elderly whom they serve. We
are delighted that our recommendations were carefully
examined, and that changes consistent with our suggestions
have been included in the draft bill.
Specifically, we are pleased that the DeWine/Jeffords
substitute to S. 1526 includes a section relating to
``Voluntary Contributions.'' The proposed language makes
clear that meal programs can accept and solicit voluntary
contributions. Under the proposed legislation, as we
understand it, area agencies on aging will consult with meal
providers and others to determine the best method for
soliciting and collecting contributions. Contributions would
be used for the provision of services. While encouraging
client financial participation in a noncoercive way, and by
ensuring that no client can be denied a service, the current
draft proposal also affords strong protection for clients who
are unable or unwilling to pay. MOWAA strongly supports all
of these provisions.
This Association has also been on record as supporting
giving increased flexibility to States and localities to move
nutrition services monies where they are most needed. The
legislation accomplishes this by increasing to fifty percent
the amount of funds that can be transferred between
congregate and home-delivered meals. Additionally, we have
also advocated for simplification of the so-called ``USDA per
meal reimbursement,'' and the bill achieves that goal by
essentially eliminating a reimbursement ``rate'' and basing
allocations on the actual number of meals
[[Page 24738]]
served in the previous fiscal year. We support both these
provisions.
Again, the Meals On Wheels Association of America supports
the draft legislation, a reauthorization bill that we believe
is forward-looking at the same time that it preserves the
fundamental principles on which the Act was created.
Committee approval would be a strong and important step
forward in the legislative process, and we sincerely hope
that you will vote to report a bipartisan bill to the full
Senate on July 19. Additionally, we hope all your colleagues
in the Senate, and those in the House as well, will recognize
the significance of what the Committee has done and commit
themselves to continuing to work on a bipartisan basis to
enact an Older Americans Act reauthorization in the 106th
Congress. Our Nation's seniors deserve no less.
Sincerely,
Richard Lipner,
President.
____
Generations United,
Washington, DC, July 18, 2000.
Hon. Edward M. Kennedy,
U.S. Senate, Washington, DC.
Dear Senator Kennedy: Generations United (GU) supports the
draft version of the Older Americans Act that will be marked-
up on July 19, 2000. Generations United believes that it is
important that the Older Americans Act be re-authorized this
year. We applaud the efforts of Senators Jeffords, Kennedy,
DeWine, and Mikulski to reach a compromise.
This version includes the National Family Caregiver Support
Program, which Generations United has long supported. The
Program provides valuable assistance to caregivers, including
older adult caregivers and grandparents who are raising
grandchildren. The number of grandparents raising their
grandchildren has steadily increased in recent years. These
caregivers face an emotional and financial toll that is often
unforeseen. We believe that they merit support under the
Older Americans Act.
Generations United is the national membership organization
focused solely on promoting intergenerational strategies,
programs, and public policies. GU represents more than 185
national, state, and local organizations and individuals
representing more than 70 million Americans and is the only
national organization advocating for the mutual well-being of
children, youth, and the elderly. Since 1986, Generations
United has served as a resource for educating policymakers
and the public about the economic, social, and personal
imperatives of intergenerational cooperation. GU acts as a
catalyst for stimulating collaboration between aging,
children, and youth organizations providing a forum to
explore areas of common ground while celebrating the richness
of each generation.
We urge you to support the draft Older Americans Act that
is being presented on Wednesday.
Sincerely,
Generations United.
____
The Secretary of Health
and Human Services,
Washington, DC, July 18, 2000.
Hon. Edward M. Kennedy,
Committee on Health, Education, Labor and Pensions, U.S.
Senate, Washington, DC.
Dear Senator Kennedy: I wanted to take this opportunity to
commend you for your outstanding leadership that you and
Senators Jeffords, DeWine and Mikulski have provided in
seeking to reauthorize the Older Americans Act (OAA). The
Administration strongly supports the OAA bipartisan
compromise developed by you and your staff, and urges quick
and unanimous Committee approval of this vital legislation.
We are extremely grateful that your compromise includes the
National Family Caregiver Support Program. This is a key
Administration priority that will help hundreds of thousands
of family members who are struggling to care for their older
loved ones who are ill or who have disabilities. The National
Family Caregiver Support Program has gained the strong
support of older persons and their family members all across
the country.
We are also especially pleased that your bipartisan
compromise includes many other provisions that will
strengthen and improve OAA services provided to America's
older persons. We support provisions to protect the targeting
of service to low-income minority elders, acknowledge
culturally appropriate services for Native Americans,
maintain the priority for legal services, and allow cost-
sharing where appropriate. The bipartisan compromise will
also usher the OAA into the 21st century by providing new
flexibility throughout the Act, and authorizing a White House
Conference on Aging in 2005.
The reauthorization of the Older Americans Act is
critically important for millions of older Americans and
their families. We are most appreciative of your commitment
to the OAA and look forward to working with you to secure
final enactment of this legislation in the weeks ahead.
The Office of Management and Budget advises that there is
no objection to the transmittal of this letter from the
standpoint of the Administration's program.
An identical letter is being sent to Senator Jeffords.
Sincerely,
Donna E. Shalala.
____
U.S. Department of Labor,
Secretary of Labor,
Washington, DC, July 18, 2000.
Hon. James M. Jeffords,
Chairman, Committee on Health, Education, Labor, and
Pensions, U.S. Senate, Washington, DC.
Dear Chairman Jeffords: I wanted to take this opportunity
to commend the efforts of the Committee in working to address
and strengthen vital legislation that enhances services to
millions of older Americans. The Department of Labor
appreciates the leadership of the Committee in developing
this legislation and supports Committee approval of S. 1536,
the ``Older Americans Act Amendments of 2000.''
Among a number of other things, this legislation would
reauthorize and amend the Senior Community Service Employment
Program (SCSEP) that is authorized under Title V of the Older
Americans Act and administered by the Department of Labor.
SCSEP provides part-time community service employment to low-
income individuals age 55 and older. This important program
provides much needed employment and income to participants,
enhances the provision of community services, and promotes
economic self-sufficiency by facilitating the reentry of
participants into the labor force and helping them to obtain
unsubsidized employment.
The amendments to SCSEP contained in this bill incorporate
the key features of the Administration's proposal for
reauthorization of the program that were included in S. 1203,
sponsored by Senator Mikulski. While retaining the unique and
complementary structure of the program under which national
nonprofit agencies and organizations as well as States
receive grants to operate projects, the bill also contains a
number of enhancements to SCSEP.
These enhancements include the establishment of a
performance accountability system that would hold each
grantee accountable for attaining quality levels of
performance with respect to core performance measures. These
performance measures include the placement and retention of
participants in unsubsidized employment, customer
satisfaction of employers and participants, the number of
persons served, and the community services provided. The
performance measures would be designed to promote the
continuous improvement of SCSEP. Failure to attain
appropriate levels of performance by a grantee would lead to
significant consequences, including the potential loss of
part or all of the grant. The Department believes these
provisions would strengthen accountability and performance
under the program and make a good program even better.
The amendments would also strengthen the linkages of SCSEP
with the broader workforce investment system established
under the Workforce Investment Act of 1998 (WIA). SCSEP is a
required partner in the One-Stop delivery system under WIA,
and these amendments enhance the connections between SCSEP
and WIA through provisions that would allow older individuals
easier access to appropriate services under both programs and
avoid duplication of services.
In addition, the amendments would improve States' ability
to coordinate services to participants by enhancing the
planning process relating to SCSEP programs. The bill
provides for broad participation of stakeholders in the
development of a plan in each State to ensure the equitable
distribution of projects within the State. Other enhancements
include the incorporation of fiscal accountability provisions
similar to those contained in WIA, including definitions of
administrative and programmatic costs and the application of
uniform cost principles and administrative requirements.
The Department of Labor believes it is essential that the
older Americans Act be reauthorized and enhanced. This
legislation advances those objectives while authorizing
important improvements to the program. We urge the Committee
to approve this legislation and look forward to continuing to
work with you to ensure enactment of this important
reauthorization.
The Office of Management and Budget advises that there is
no objection to the transmittal of this letter from the
standpoint of the Administration's program.
Sincerely,
Alexis M. Herman.
Ms. MIKULSKI. Mr. President, today I rise with great enthusiasm to
support passage of the bipartisan Older Americans Act and its
amendments for the year 2000.
This bill enjoys very strong bipartisan support in this institution
and in the House and, I believe, among the American people. Yesterday
the House passed this legislation overwhelmingly, 405-2. The Senate
companion bill that we are bringing to the attention of our colleagues
today already has 72 cosponsors. There is strong bipartisan, bicameral
agreement to reauthorize the
[[Page 24739]]
Older Americans Act. It is built on the strong foundation of S. 1536
and the bipartisan compromises reached by the HELP Committee in that
bill.
This legislation also has the strong support of the executive branch.
President Bill Clinton's team from HHS was enormously helpful in
enabling us to shape not only the reauthorization of the bill as we
knew it but help create a framework for the future. The gifted
Administrator on Aging, Jeanette Takamura, was tremendously helpful.
This bill is long overdue in its reauthorization. The reauthorization
expired in 1995. It became bogged down for almost 5 years in prickly
politics, most of which had nothing to do with how we could make sure
we were effectively serving the senior population.
This year, as we moved into the 106th Congress, Senator Mike DeWine
of Ohio and I pledged that we would do everything we could to come up
with an excellent framework to meet the needs of the seniors, to not
only reauthorize and rubberstamp but to look at it, to be both fiscally
prudent but also to be effective with taxpayers' money. He worked very
hard in doing that and worked very hard with my staff. I thank him and
his staff for their collegial, cordial work on this legislation.
Of course, Senator Jeffords has been tremendously helpful. He enabled
us to hold our hearings, to move the process forward. I personally
thank him. Of course, my champ, the ranking member, Senator Kennedy,
with his very able staff, enabled us to work with the constituency
groups, and so on.
So we did all the right process things. Now it is time to move the
process to closure. We have had debate. We have had hearings. We have
had consultations. We have consensus. Now it is time we have
reauthorization. I hope today we can move expeditiously, entertain any
amendments that Members would like to offer, and dispose of them in a
timely way. The seniors are looking for it.
When I visit the senior centers in my own community, they say: How
are you doing on the Older Americans Act? I say: We are doing fine, but
the Older Americans Act is being stalled in a variety of procedural
matters.
Let's remove the procedural barriers. Let's also deal with the
amendments.
What I like about this legislation is that it keeps our promises to
older Americans to retain and strengthen the current Older Americans
Act programs, but it also provides new innovations and accountability
to improve it. It will ensure that the Older Americans Act continues to
meet the day-to-day needs of our country's older Americans and yet the
long-range needs of an ever increasing aging population.
One of the highlights of this bill is the creation of a program
called the National Family Caregiver Support Program. This recognizes
the tremendous aging population, many who are left at home, many of
whom rely on the primary caregiver as the American family. The American
family is stepping forward to take care of older parents and at the
same time being able to raise their own children.
This places tremendous stress on the family in terms of time, energy,
and even finances, but, as always, the American family is up to it. The
American family is ready to step forward. Often the caregiving is
primarily done by women, some who have taken temp jobs, some who have
taken flextime jobs, some who are juggling so many others, often to the
tune of at least 20 or 40 hours a week either in their own home or
going to the home of a parent.
The American family is up to it, but we have to be up to supporting
the American family. Government should never be a substitute for the
family, but the family should be able to rely on the Government for
certain support services to enable them to be the best at caregiving
and not wear out.
The National Family Caregiver Support Program will provide very
important support services. It will also provide information assistance
to millions of Americans who are searching for what are the best
resources to help their older parent. Also, it provides for them
training, counseling, and even some respite care. Even the best family
can't keep at it 24-7, 52 weeks of the year.
It will also help grandparents who care for grandchildren, and, as I
said, this program has strong bipartisan support.
Later I will go into the need for caregiving, why it is so important,
why we need to support the families.
At the same time, though, while we look for innovation, we also
maintain the core programs of the Older Americans Act. I remember when
this legislation was passed in 1972, I was so excited about it, working
in Baltimore's neighborhoods, that we were actually going to have
programs that would come right to the community and right at the
neighborhood level.
We knew the seniors needed support services. We knew they were facing
loneliness. We knew they were facing poor nutrition. We knew they were
often the subject of scams and fraud and a variety of kinds of abuse.
As a result of what was done in 1972, we stayed the course. But now,
what are the best practices, the highest use of new technologies, and
so on, to accomplish this goal?
The program called Meals on Wheels changed the face of America.
Fifty volunteers, often working with nonprofits, were able to get
meals into a home in order to keep people independent and at the same
time keep a unique partnership between the Federal Government and
nonprofits, helping people remain independent. There were people who
were lonely--often widows or men who lost wives who were kind of
walking around, hanging out at diners or cafes in certain areas. They
needed companionship and maybe a hot meal, and they also needed a sense
of purpose where they themselves would volunteer. We use the term
congregate meals. What an insipid term because what we really wanted
them to do is congregate with other people, to have fun and good meals
and even learn some new skills which we are going to bring in with
crossing the digital divide. Those nutritional programs kept people
alive. My own dear mother, when she came home from an acute care
facility, temporarily used that as we pitched in with the rest of the
family.
We also maintain a separate and distinct title IV program for
research and demonstration because we think we have to try new ideas
before we create them and institutionalize them into the legislation.
Innovation has always been a unique characteristic. We also talk about
a White House conference in 2005. We maintain another poor program--
support for transportation services. It is absolutely crucial in our
own community and into rural areas. This language also requires older
American services to be directed to those who need them the most.
However, we acknowledged the unmet need that can exist in rural areas,
so we included provisions to improve the delivery of services to older
individuals in rural areas.
I congratulate Senator DeWine, who really ensured a sensitivity to
that. I represent rural counties myself. At the same time, we recognize
the need to strengthen certain programs and increase accountability.
The bill gives greater flexibility to transfer of funds between those
congregate and home-delivered meals to the areas of greatest need. It
also includes performance measures for States and private sector
grantees in the Senior Community Service Employment Program. If these
standards are not met and performance is not improved, other entities
will get the opportunity to competitively bid for a portion or all of
the original entity's grant--whatever the word ``entity'' means. While
I believe that overall the current grantees are performing very well,
these provisions will ensure that seniors get the high-quality services
they deserve. We ensure accountability for not only the taxpayers'
funds but the services being delivered.
So this bill strikes a good balance between recognizing the need for
additional resources to support OAA programs and protecting the most
vulnerable citizens and their access to services. It also authorizes
the seniors to make voluntary contributions for all OAA services. It
also allows States to require cost sharing for a limited number of
services, such as transportation, respite care, and personal care. A
long
[[Page 24740]]
list of services is exempt from cost sharing, such as Meals on Wheels,
information and assistance, and that very important ombudsman program.
It also provides guidance to States and protections to help ensure that
seniors are not discouraged from seeking services because of cost
sharing.
I note the strong need for increased funding for the Older Americans
Act programs. Very few OAA programs have seen increased funding in
recent years. Yet there is a growing need for services. I support full
funding for OAA and also for the new National Family Caregiver Support
Program. Also, the core programs need increases in funding.
So I think this is good legislation. I think it is good
authorization. I think it will provide immeasurable guidance to the
appropriators for the next 3 years. This morning I say we have good
legislation. We can be so proud of the bipartisan, bicameral support.
This is what America wants us to do, really--focus on the day-to-day
needs of our constituents, look ahead to an aging population, and come
up with a fiscally prudent, service-effective framework, and get the
job done. All too often in this institution, when all is said and done,
more gets said than done. Today, let's stay late and get the job done.
I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont is recognized.
Mr. JEFFORDS. Mr. President, I renew Senator DeWine's earlier request
with respect to the Older Americans Act and amend the request to
include that at the conclusion or yielding back of the debate time, the
bill be set aside with the votes to occur on the amendments and the
bill at 5 p.m. today. I further ask consent that the time consumed thus
far be deducted from the time agreement accordingly.
Mr. REID. Mr. President, reserving the right to object, I wonder if
the Senator from Vermont knows and can give us assurance that that will
be the first vote of the day.
Mr. JEFFORDS. I cannot give such assurance.
Mr. REID. We won't object, however. It is quite apparent that we are
interested in that being the first vote.
Mr. JEFFORDS. I understand. I have no authority to do that.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Will the Senator yield for a question?
Mr. JEFFORDS. Yes.
Mr. REID. The general debate time is gone. The majority and minority
used more than their allotted time. We have 4 hours under the control
of the Senator from New Hampshire, and we would make it easier for
staff and the parties here debating if we would explicitly determine
that the time you are going to use will come off Senator Gregg's time.
Otherwise, we don't have any time to be debating. Would the Senator
from New Hampshire allow the Senator from Vermont to use part of his
time?
Mr. JEFFORDS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. GREGG. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
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