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As the 106th Congress considers reauthorizing the Older Americans
Act this year, the ABA is seeking to assure that the law continues
to provide support for legal assistance and elder rights advocacy
programs.
Enacted in 1965 and long supported by the ABA, the
act established the federal Administration on Aging, which plans,
advocates and delivers services. The act also provides for funding
to states, which distribute it to local agencies responsible for
allocating it in ways that best meet community needs. Although the
funds serve the elderly regardless of income level, the program
targets those with the greatest social and economic need.
The
last reauthorization expired Sept. 30, 1995, but Congress continues
funding through appropriations. Partisan differences over targeting
services to low-income minority elders and providing free nutrition
services prevented final action during the 104th and 105th
Congresses. This year, however, sponsors of House and Senate bills
predict they will send reauthorization to the president before the
106th Congress adjourns at the end of the year.
Meanwhile,
the ABA is watching closely how Congress deals with rights advocacy
and legal assistance provisions in the act.
The act requires
that local agencies on aging expend a certain portion of the funds
they receive under Title iii-b on legal assistance programs and
target them to people in greatest social and economic need. Another
priority is programs providing advice, counseling and representation
on a number of issues.
Title IV funding supports several
statewide senior legal hotlines, the National Center on Elder Abuse,
the Long Term Care Ombudsman Resource Center and five national
legal-assistance-support centers, including one maintained by the
ABA Commission on Legal Problems of the Elderly. Title VII includes
the long-term care ombudsman program; the elder abuse, neglect and
exploitation education and prevention program; the outreach,
counseling and assistance program; and coordination of elder rights
advocacy resources, including legal assistance.
But under a
proposed House bill, aging agencies would no longer be required to
spend an adequate proportion of funds received via Title iii-b on
legal assistance. The ABA fears withdrawing the requirement would
deny many people their only entry to the legal system. The bill also
would abolish Title VII legal aid and elder rights coordination
provisions, including the role of state legal assistance
developers—who the ABA believes are essential components of the
comprehensive elder rights system that the act
requires.
Developers coordinate elder rights advocacy,
promote legal assistance, and develop alternative systems such as
pro bono programs, legal hotlines and dispute resolution
programs.
The House Committee on Education and Workforce
approved the bill in late 1999. It never came before the full House
for a vote, however, after disagreements over funding job training
programs under the act.
The Senate reactivated the
reauthorization issue in July when its Committee on Health,
Education, Labor and Pensions approved a bill to require funding for
national legal assistance support and continue legal services for
the elderly as a priority. The bill includes provisions to reduce
financial support for legal services only if volunteer programs
actually meet older people’s legal needs.
Keep On Advocating
Although the Senate
bill’s legal services and advocacy provisions are a significant
improvement over the House measure, the ABA remains concerned about
provisions to curtail the responsibilities of state legal assistance
developers by deleting all reference to their role in advocating for
elder rights.
"Eliminating the legal assistance developer’s
current responsibilities under Title VII is likely to leave states
without a focal point for coordination of training, provision of
current materials, and expertise on elder rights and legal
assistance issues at the state level," ABA Governmental Affairs
Director Robert D. Evans wrote during committee consideration of the
House and Senate bills.
Rhonda McMillion is editor of Washington
Letter, an ABA Governmental Affairs Office
publication.
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