Older Americans Act: Overview and Funding

Updated April 22, 2020 (R43414)

Contents

Figures

Tables

Appendixes

Introduction

The Older Americans Act (OAA) supports a wide range of social services and programs for individuals aged 60 years or older. These include supportive services, congregate nutrition services (i.e., meals served at group sites such as senior centers, community centers, schools, churches, or senior housing complexes), home-delivered nutrition services, family caregiver support, community service employment, the Long-Term Care Ombudsman Program, and services to prevent the abuse, neglect, and exploitation of older persons. Except for Title V, Community Service Employment for Older Americans (CSEOA), all programs are administered by the Administration on Aging (AOA) in the Administration for Community Living (ACL) within the Department of Health and Human Services (HHS). Title V is administered by the Department of Labor's (DOL's) Employment and Training Administration.

The OAA has been reauthorized and amended numerous times since it was first enacted in 1965. In the 116th Congress, both the House and the Senate passed legislation that would reauthorize the OAA for a five-year period. On March 25, 2020, President Donald J. Trump signed P.L. 116-131 (H.R. 4334), the Supporting Older Americans Act of 2020, which authorizes appropriations for OAA programs through FY2024. Prior to enactment of P.L. 116-131, the last OAA reauthorization occurred in 2016, when the Older Americans Act Reauthorization Act of 2016 (P.L. 114-144) was enacted, extending the act's authorizations of appropriations through FY2019.1

In response to the Coronavirus Disease 2019 (COVID-19) pandemic, supplemental appropriations laws providing additional funding for OAA programs have been enacted. On March 18, 2020, the President signed P.L. 116-127, the Families First Coronavirus Response Act, which provides a total of $250 million in supplemental funding for expanded food assistance for OAA nutrition services to states and tribal organizations. On March 27, 2020, the President signed P.L. 116-136, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which provides a total of $870 million in supplemental funding for OAA nutrition services, supportive services, family caregiver services, Aging and Disability Resource Centers (ADRCs), and elder rights protection activities.

The following provides an overview of the Older Americans Act. It briefly describes the act's titles, highlighting selected provisions followed by FY2020 appropriations, including supplemental appropriations in response to the COVID-19 pandemic, and funding history.

Older Americans Act: Current Law

The OAA statutory language contains seven titles, which are summarized in this section, highlighting selected activities. Funding for most OAA programs is provided in annual HHS appropriations; OAA Title V is part of annual DOL appropriations. The next section provides information on FY2020 appropriations and the act's funding history.2 Appendix A provides detailed OAA program budget authority for FY2012 through FY2020.

Title I. Declaration of Objectives; Definitions

Title I of the OAA sets out broad social policy objectives oriented toward improving the lives of all older Americans, including adequate income in retirement, the best possible physical and mental health, opportunity for employment, and comprehensive long-term care services, among other things. Also, Title I provides definitions for various terms under the act. Title I does not authorize appropriations.

Title II. Administration on Aging

Title II establishes the Administration on Aging (AOA) as the chief federal agency advocating for older persons and sets out the responsibilities of AOA and the Assistant Secretary for Aging. The Assistant Secretary is appointed by the President with the advice and consent of the Senate. Title II also establishes State Units on Aging (SUAs), who serve as the state agency primarily responsible for planning and policy development as well as administration of OAA activities. In addition, the act authorizes the Assistant Secretary to make grants to eligible tribal organizations for social and nutrition services to older Native Americans.

Title II also establishes Area Agencies on Aging (AAAs), which operate within a planning and service area (PSA) designated by the SUA. AAAs serve as local entities who, either directly or through contract with local service providers (LSPs), oversee a comprehensive and coordinated service system for the delivery of social, nutrition, and long-term services and supports to older individuals. AAAs are required to be public or private nonprofit organizations. According to a 2016 survey of AAAs across the country, the majority of AAAs were public organizations (55% public versus 39% private nonprofit, and 5% other).3 Collectively, these 56 SUAs, 622 AAAs and over 250 tribal and Native Hawaiian organizations, and tens of thousands of aging and social service providers in local communities comprise the Aging Network (see Figure 1).4 With respect to the distribution of federal funding, AOA allocates federal funds authorized under OAA statutory funding formulas to SUAs and tribal organizations. SUAs, in turn, award these funds to AAAs based on an intrastate funding formula developed in accordance with AOA guidelines and approved by the Assistant Secretary.

Discretionary funding authorized under Title II goes toward program administration and Aging and Disability Resource Centers (ADRCs), described in greater detail below, as well as other authorized activities that support the Aging Network and Elder Rights activities (see textbox entitled "OAA Title II: Aging Network and Elder Rights Support Activities"). Program administration funding for all Administration for Community Living (ACL) programs, which includes those authorized by the OAA, is funded at $41.1 million in FY2020.

Figure 1. The Aging Network

Source: Prepared by the Congressional Research Service.

Aging and Disability Resource Centers

The Aging and Disability Resource Center (ADRC)/No Wrong Door System (NWD) assists with state efforts to streamline access to and provide information about the range of public and private long-term services and supports (LTSS) options available to consumers. The NWD initiative is a collaborative effort among ACL, the Centers for Medicare & Medicaid Services (CMS), and the Department of Veterans Affairs (VA). ACL has provided planning grants to states to deliver person-centered options counseling and to provide access and information about programs that provide LTSS such as Medicaid, the Older Americans Act, and Department of Veterans Affairs programs, as well as state-funded programs. There are over 1,222 access points nationwide, operating across 56 states, territories, and the District of Columbia.5 These sites include local AAAs and ADRCs; Centers for Independent Living; Statewide Independent Living Councils; University Centers for Excellence in Developmental Disabilities Education, Research, and Services; and tribal organizations. Discretionary funding to ADRCs is $8.1 million in FY2020.6 In addition, P.L. 116-136, the CARES Act, provides $50.0 million in supplemental funding to ADRCs to prevent, prepare for, and respond to coronavirus.7

OAA Title II: Aging Network and Elder Rights Support Activities

The following OAA programs and activities receive discretionary funding under OAA Title II:

Aging Network Support Activities

  • The National Eldercare Locator and Engagement program assists individuals, through a nationwide toll-free phone number and website, in identifying community resources for older persons (http://www.eldercare.gov, or 1-800-677-1116). It also supports model programs in senior civic engagement and volunteer engagement (FY2020 funding is $2.0 million).
  • The Pension Counseling and Information Program provides funds to six regional counseling projects that help older Americans learn about and receive the retirement benefits to which they are entitled. This program also supports the National Education and Resource Center on Women and Retirement Planning, which provides workshops and information on financial education and retirement planning for women (FY2020 funding is $1.9 million).

Elder Rights Support Activities

  • The National Center on Elder Abuse provides information to the public and professionals regarding elder abuse prevention activities, and provides training and technical assistance to state elder abuse agencies and to community-based organizations (https://ncea.acl.gov, FY2020 funding is about $765,000).
  • The National Long-Term Care Ombudsman Resource Center provides training and technical assistance to state and local long-term care ombudsmen (http://www.ltcombudsman.org, FY2020 funding is about $516,000).

Source: Personal communication with G. Steven Hagy, director, ACL Office of Budget and Finance, January 10, 2020; U.S. Department of Health and Human Services, Administration for Community Living, Fiscal Year 2021 Justification of Estimates for Appropriations Committees, pp. 91-97 and 149-155.

Note: ACL reported combined program funding for the National Eldercare Locator and civic engagement under National Eldercare Locator and Engagement; however, civic engagement activities are authorized under OAA Title IV, Section 417, and included under Title II activities for simplicity.

Senior Medicare Patrol Program

Also authorized under Titles II and IV (Sections 201, 202, and 411) of the OAA is the Senior Medicare Patrol (SMP) Program, which funds projects that educate older Americans and their families to recognize and report Medicare and Medicaid fraud. Beginning in FY2016, discretionary funding under ACL's budget authority is no longer provided for SMP. Instead, appropriations language since FY2016 has funded SMP activities under discretionary appropriations from the Centers for Medicare and Medicaid Services (CMS) Health Care Fraud and Abuse Control (HCFAC) account. This account distributes funding to various antifraud activities from the Medicare Trust Fund at the joint discretion of the HHS Secretary and Attorney General, and distributes certain discretionary appropriations at the discretion of Congress. The Further Consolidated Appropriations Act, 2020 P.L. 116-94 instructs the HHS Secretary to provide not less than $18.0 million from HCFAC to SMP in FY2020.8

Title III. Grants for State and Community Programs on Aging

Title III authorizes grants to SUAs and AAAs to act as advocates on behalf of and to coordinate programs for older persons.9 Title III accounts for 73.2% of the OAA's total FY2020 funding ($1.538 billion out of $2.100 billion). In addition, a combined $1.020 billion in supplemental Title III funding is appropriated under the Families First Coronavirus Response Act (P.L. 116-127) and the CARES Act (P.L. 116-136) for response to the COVID-19 pandemic (see "Supplemental Appropriations Related to COVID-19 Response").10 States receive separate allotments of funds based on a statutory funding formula for supportive services and centers, family caregiver support, congregate nutrition, home-delivered nutrition, the nutrition services incentive grant program, and disease prevention and health promotion services.11 The OAA allows states some flexibility to transfer funds among Title III programs. For example, in FY2016, the most recent year for which data are available, states collectively transferred a net total of $96.8 million from congregate nutrition to either supportive services or home-delivered nutrition.12

Title III services are available to all persons aged 60 and older, but are targeted at those with the greatest economic or social need, particularly low-income and minority persons, older individuals with limited English proficiency, and older persons residing in rural areas. Means testing is prohibited. Participants are encouraged to make voluntary contributions for services they receive. States are allowed to implement cost-sharing policies for certain services based on a sliding-scale fee, but older persons must not be denied services due to failure to make cost-sharing payments. State, local, and private funding sources also supplement federal OAA funds for these services.

In 2018, the most recent year for which data are available, about 10.8 million older persons were served by Title III programs.13 Title III services included the provision of 146.8 million home-delivered meals; 73.5 million congregate meals; 20.3 million rides to medical appointments, grocery stores, and other activities; 47.8 million hours of personal care, homemaker, and chore services; and 11.7 million hours of adult day care/adult day health services in 2018.14

Title IV. Activities for Health, Independence, and Longevity

Title IV of the OAA authorizes the Assistant Secretary for Aging to award funds for training, research, and demonstration projects in the field of aging. Over the years, Title IV has supported a wide range of research and demonstration projects, including those related to income, health, housing, retirement, and long-term services and supports, as well as projects on career preparation and continuing education for personnel in the field of aging. Title IV activities receive $35.0 million in discretionary funding for FY2020. Funding provided under Title IV goes toward various activities that are designed to support health, independence, and longevity of older individuals (see textbox entitled "OAA Title IV: Activities for Health, Independence, and Longevity").15 FY2018 appropriations language accepted ACL's proposal to consolidate the funding of four Alzheimer's programs into one single program, entitled the Alzheimer's Disease Program: (1) Alzheimer's Disease Initiative – Specialized Supportive Services, (2) the Alzheimer's Disease Initiative – Communications Campaign, (3) Alzheimer's Disease Supportive Services, and (4) the National Alzheimer's Call Center.16 Total funding is $26.5 million for FY2020, of which $11.8 million is discretionary budget authority included in this report and another $14.7 million is mandatory funding from the Prevention and Public Health Fund (PPHF).

OAA Title IV: Activities for Health, Independence, and Longevity

The following OAA programs and activities receive discretionary funding under Title IV authorities:

Aging Network Support Activities

  • National Resource Centers on Native American Elders provide research and technical information on health, long-term services and supports, elder abuse, mental health, and other issues relevant to older Native Americans (FY2020 funding is $654,540).
  • National Minority Aging Organizations Technical Assistance Centers provide culturally and linguistically appropriate information on health promotion and disease prevention for Asian-Pacific American, Native American, Hispanic, and African-American older individuals, and older lesbian, gay, bisexual, and transgender (LGBT) persons (FY2020 funding is $1.2 million).
  • Program Performance and Technical Assistance supports the development of outcome measures and performance measurement tools to assess the results of OAA programs (FY2020 funding is $1.7 million).
  • Holocaust Survivor's Assistance provides supportive services for aging Holocaust survivors living in the United States (FY2020 funding is $5.0 million).

Elder Rights Support Activities

  • Legal Assistance and Supports funds two different activities. First, Model Approaches help states integrate Adult Protective Services into broader state legal service delivery networks. Second, Legal Assistance and Support grants fund services to professionals and advocates working in legal, elder rights, and aging and disability services to further develop resources available to older individuals with social or economic needs (FY2020 funding is $2.6 million).
  • Elder Justice/Adult Protective Services (APS) provides funding for demonstration grants to states to enhance their APS Systems, technical assistance to states with regard to the national APS data collection effort, and research in the areas of elder abuse, neglect, and exploitation (FY2020 funding is $12.0 million).

Alzheimer's Disease Program

  • Provides funding for competitive grants to states and community-based organizations to provide services and training to individuals with Alzheimer's Disease and Related Dementia. ACL also funds a training and technical assistance resource center (FY2020 funding $11.8 million).

Title V. Community Service Senior Opportunities Act

Title V, Community Service Senior Opportunities Act, also known as Community Service Employment for Older Americans (CSEOA) or the Senior Community Service Employment Program (SCSEP), has as its purpose the promotion of useful part-time opportunities in community service activities for unemployed low-income17 persons who are 55 years or older and who have poor employment prospects. The Title V program is administered by DOL's Employment and Training Administration; it is the only OAA program not administered by HHS under ACL. For FY2020, Title V represents 19.3% of OAA discretionary funding ($405.0 million out of $2.100 billion). DOL allocates Title V funds for grants based on a statutory funding formula to state agencies in all 50 states, the District of Columbia, Puerto Rico, and the U.S. territories, and to national organizations. There is a 10% nonfederal match requirement for Title V grant activities.

SCSEP participants are placed in part-time positions working in a variety of community service activities, such as day care centers, senior centers, schools, and hospitals.18 Participants work part-time and receive on-the-job experience and skills. The program operates on a program year (PY) basis from July 1 through June 30.19 For PY2019 (ending June 30, 2020), the CSEOA program is supporting 41,126 positions.20 Enrollees are paid no less than the highest of the federal minimum wage, the state or local minimum wage, or the prevailing wage paid by the same employer for similar public occupations. In addition to wages, enrollees receive training, physical examinations, personal and job-related counseling, transportation for employment purposes (under certain circumstances), and placement assistance into unsubsidized jobs.

Title VI. Grants for Services for Native Americans

Title VI authorizes funds for supportive and nutrition services to older Native Americans. Funds are awarded directly by ACL to Indian tribal organizations, Native Alaskan organizations, and nonprofit groups representing Native Hawaiians. To be eligible for funding, a tribal organization must represent at least 50 Native Americans aged 60 and older. In FY2018, grants were awarded to 270 tribal organizations representing 400 Indian tribes and villages, including one organization serving Native Hawaiian elders.21 The program provides services such as transportation, home-delivered and congregate nutrition services, information and referral, and a wide range of home care services. Title VI also authorizes caregiver support services to Native American elders. Respite, caregiver training, information and outreach, counseling, and support groups are among the services provided. For FY2020, these programs receive $45.0 million ($34.7 million for supportive and nutrition services, and $10.3 million for Native American family caregivers). In addition, a total of $30 million for supportive and nutrition services to tribal organizations is provided under the Families First Coronavirus Response Act (P.L. 116-127) and the CARES Act (P.L. 116-136) for response to the COVID-19 pandemic.

Title VII. Vulnerable Elder Rights Protection Activities

Title VII authorizes the Long-Term Care (LTC) Ombudsman Program as well as Elder Abuse, Neglect, and Exploitation Prevention Programs. For FY2020, these programs are funded at a total of $22.7 million.22 The majority of Title VII funding ($17.9 million, or 79%, in FY2020) is directed at the LTC Ombudsman Program, which investigates and resolves complaints of residents in nursing facilities, board and care facilities, and other adult care homes. In addition, $20 million in funding for elder rights protection activities, including the long-term care ombudsman, has been provided under the CARES Act (P.L. 116-136) for response to the COVID-19 pandemic. In 2018, ombudsmen handled more than 194,000 resident complaints and provided more than 543,000 consultations to individuals and long-term care facilities.23

FY2020 Appropriations Overview

The following provides information on FY2020 discretionary appropriations provided in annual HHS and DOL appropriations, as well as supplemental appropriations in response to the COVID-19 pandemic.

Annual Discretionary Appropriations

The Further Consolidated Appropriations Act, 2020 (P.L. 116-94) provided discretionary appropriations for OAA programs, projects, and activities under ACL's Aging and Disability Services Programs budget authority and the Department of Labor budget authority at an estimated total of $2.100 billion for FY2020, which is $44.5 million (2.2%) more than the FY2019 level.24 Figure 2 shows the distribution of FY2020 OAA discretionary amounts by title, with program-level detail for Title III State and Community Programs on Aging. Title III programs received the largest proportion of OAA funding, with 73.2% of funding appropriated to nutrition, supportive services, family caregivers, and health promotion activities. About one-fifth of OAA funding (19.3%) is allocated to Title V, the CSEOA Program. The remaining funds are allocated to AOA-administered activities under Titles II (2.6%) and IV (1.7%), grants to Native Americans under Title VI (2.1%), and vulnerable elder rights protection activities under Title VII (1.1%).

Several OAA programs saw increases in funding for FY2020 compared with FY2019-enacted levels. Title III programs received a $15.0 million increase in funding for congregate nutrition services and home-delivered nutrition services each, and an additional $4.8 million was appropriated for the National Family Caregiver Support Program and $5.0 million for Supportive Services and Senior Centers. Title VI grants to Native Americans received an increase of $750,000 for supportive and nutrition services, as well as caregiver services.

Title V, the CSEOA program, saw an increase of $5.0 million in funding compared to the FY2019 level.

Figure 2. Older Americans Act, FY2020 Discretionary Appropriations

(funding as a percentage of total OAA funding, $2.100 billion)

Source: Explanatory statement submitted by Rep. Lowey, Chairwoman of the House Committee on Appropriations regarding H.R. 1865, Further Consolidated Appropriations Act, 2020, Congressional Record, December 17, 2019, pp. H11079, H11089, H11127-H11130; personal communication with G. Steven Hagy, director, ACL Office of Budget and Finance, January 10, 2020.

Note: Sums may not total due to rounding.

Supplemental Appropriations Related to COVID-19 Response

In response to the Coronavirus Disease 2019 (COVID-19) pandemic, supplemental appropriations have provided an additional $1.120 billion in funding for OAA programs and activities to prevent, prepare for, and respond to coronavirus.25 On March 18, 2020, the President signed P.L. 116-127, the Families First Coronavirus Response Act, which provides a total of $250.0 million in supplemental funding for expanded food assistance for OAA nutrition services to states and tribal organizations. Funding is to remain available until September 30, 2021. Specifically, P.L. 116-127 provided $80.0 million for congregate nutrition and $160.0 million for home-delivered nutrition, and $10.0 million for nutrition services to Native Americans.26

On March 27, 2020, the President signed P.L. 116-136, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which provides a total of $870.0 million in supplemental funding for OAA nutrition services, supportive services, family caregiver services, ADRCs, and elder rights protection activities.27 Funding is to remain available until September 30, 2021. Specifically, P.L. 116-136 provides an additional $480.0 million for nutrition services to states and U.S. territories, $20.0 million for nutrition services to Native Americans, $200.0 million for supportive services, $100.0 for family caregiver services, $50.0 million for ADRCs, and $20.0 million for elder rights protection activities, including the long-term care ombudsman program.28 For all activities funded by OAA title under these supplemental appropriations for COVID-19 response, see Table A-1.

OAA Funding History

Overall, total annual OAA discretionary funding has increased over the 10-year period from FY2011 to FY2020, with the largest one-year increase of 56.7% in funding for FY2020 due to the
COVID-19 pandemic (not adjusted for inflation; see Figure 3). For FY2020, total OAA funding, including supplemental funding to respond to the needs of seniors during the COVID-19 pandemic, is at its highest level ($3.220 billion) in the act's 55-year history. Prior to FY2020, total OAA funding levels had remained below the FY2010 level, when funding was at its previously highest level of $2.328 billion (not shown) due to supplemental funding provided to the CSEOA Program to serve low-income seniors affected by the Great Recession.

Total OAA funding declined in FY2011 through FY2013, when funding was at $1.807 billion, its lowest level over the 10-year period (this amount was also below the FY2007 level of $1.855, not shown). Most of the 5.5% reduction from FY2012 to FY2013 is attributable to sequestration.29 For FY2014 through FY2016, total OAA funding increased slightly each year from the FY2013 level.

FY2017 saw a slight funding decrease, with total OAA funding at 1.4% less than FY2016; most of the decrease is due to a 7.9% reduction to Title V CSEOA funding in FY2017. Total OAA funding increased by 8.0% in FY2018 and 1.0% in FY2019. Total OAA funding for FY2020, including supplemental funding in response to the COVID-19 pandemic, increased by $1.165 billion, 56.7%. (Amounts in this discussion are not adjusted for inflation.) For programs and activities funded by OAA title over this time period, see Table A-1.

Figure 3. Total Discretionary Funding for Older Americans Act Programs, FY2011-FY2020

Source: Prepared by CRS based on appropriations legislation, committee reports, explanatory statements, and agency operating plans. Amounts are nominal dollars (not adjusted for inflation).

Appendix A. Older Americans Act Programs: FY2012-FY2020 Funding

Table A-1 shows the discretionary budget authority history for OAA programs for FY2012 through FY2020. Amounts are not adjusted for inflation. The table includes several non add lines—in italicized font with funding amounts in parentheses—for specific programs within a larger budget account (i.e., Nutrition Services).

Amounts shown in Table A-1 also account for the following:

Table A-1. Discretionary Budget Authority for the Older Americans Act (OAA) Programs: FY2012-FY2020

($ in millions)

OAA Programs

FY2012

FY2013

FY2014a

FY2015

FY2016

FY2017

FY2018

FY2019

FY2020
Annual Approps.b

FY2020 Supplemental Approps.c

Title II: Administration on Aging

$43.160

$40.741

$50.007

$50.007

$51.359

$51.359

$54.360

$54.360

$54.360

$50.000

Program administration

23.063

21.771

30.035d

30.035

40.063

40.063

41.063

41.063

41.063

0

Aging network support activities

2.886

2.274

3.661e

3.661

3.896f

3.896

3.896

3.896

3.896

0

Senior Medicare Patrolg

9.402

8.875

8.910

8.910

0h

0h

0h

0h

0h

0

Aging and Disability Resource Centers

6.457

6.095

6.119

6.119

6.119

6.119

8.119

8.119

8.119

$50.000

Elder rights support activitiesj

1.352

1.277

1.282

1.282

1.281

1.281

1.282

1.282

1.282

0

Title III: Grants for State and Community Programs on Aging

$1,357.770

$1,281.470

$1,327.815

$1,327.815

$1,352.911

$1,358.411

$1,487.261

$1,497.861

$1,537.611

$1,020.000

Supportive services and centers

366.916

347.724

347.724

347.724

347.724

350.224

385.074

385.074

390.074

200.000

Family caregiversk

153.621

145.586

145.586

145.586

150.586

150.586

180.586

181.186

185.936

100.000

Disease prevention/health promotion

20.944

19.849

19.848

19.848

19.848

19.848

24.848

24.848

24.848

0

Nutrition services

816.289

768.311

814.657

814.657

834.753

837.753

896.753

906.753

936.753

720.000l

Congregate meals (nonadd)

439.070

416.104

438.191

438.191

448.342

450.342

490.342

495.342

510.342

80.000l

Home-delivered meals (nonadd)

216.830

205.489

216.397

216.397

226.342

227.342

246.342

251.342

266.342

640.000l

Nutrition services incentive grants (nonadd)

160.389

146.718

160.069

160.069

160.069

160.069

160.069

160.069

160.069

0

Title IV: Activities for Health, Independence, and Longevity

$7.723

$7.291

$6.392

$12.892

$16.658

$18.658

$31.957

$36.957

$34.957

0

Program Innovations

0.000

0.000

0.000

0.000

0.000

0.000

0.000

0.000

0.000

0

Elder rights support activities

2.736

2.582

2.592

6.592m

10.593

12.593

14.592

14.592

14.592

0

Aging network support activities

4.988

4.708

3.800e

6.300n

6.065f

6.065

8.565

13.565

8.565

0

Alzheimer's Disease Programo

8.800

8.800

11.800

0

Title V: Community Service Senior Opportunities Act

$448.251

$424.805

$434.371

$434.371

$434.371

$400.000

$400.000

$400.000

$405.000

0

Title VI: Grants to Native Americans

$33.965

$32.188

$32.189

$32.189

$38.689

$38.764

$42.764

$44.264

$45.014

$30.000

Supportive and nutrition services

27.601

26.157

26.158

26.158

31.158

31.208

33.208

34.208

34.708

$30.000

Native American caregivers

6.364

6.031

6.031

6.031

7.531

7.556

9.556

10.056

10.306

0

Title VII: Allotments for Vulnerable Elder Rights Protection Activities

$21.797

$20.658

$20.658

$20.658

$20.658

$20.658

$21.658

$21.658

$22.658

$20.000

Long-term care ombudsman program

16.761

15.885

15.885

15.885

15.885

15.885

16.885

16.885

17.885

$20.000p

Elder abuse prevention

5.036

4.773

4.773

4.773

4.773

4.773

4.773

4.773

4.773

p

TOTAL Older Americans Act Programs

$1,912.666

$1,807.153

$1,871.432

$1,877.932

$1,914.646

$1,887.850

$2,038.000

$2,055.100

$2,099.600

$1,120.000

Source: FY2012 to FY2020 Labor-Health and Human Services (HHS)-Education Appropriations acts and accompanying report and explanatory statement language available at the CRS appropriations status table; P.L. 116-127; P.L. 116-136; various HHS, Administration on Aging (AOA), Administration for Community Living (ACL), and Department of Labor (DOL) budget documents, including budget justifications (FY2013 and FY2017), and operating plans for FY2012 through FY2013; personal communication with G. Steven Hagy, director, AOA/ACL Office of Budget and Finance, 2011 to 2020, and personal communication with Michael Bernier, HHS Budget Office, 2012.

a. FY2014 numbers reflect appropriated amounts before transfers. Per P.L. 113-76, Division H, Title II §206, the Administration had limited authority to transfer funds among HHS accounts. Under this authority, $3.857 million was transferred out of OAA programs: $3.466 million from the Nutrition Services Incentives Program; $233,000 from ACL Program Administration; $55,000 from Aging network support activities; $52,000 from ADRCs; $29,000 from Elder Rights Support Activities; and $22,000 from Senior Medicare Patrol. (Personal communication with G. Steven Hagy, Director, Office of Budget and Finance, ACL, April 2, 2015).

b. This column reflects FY2020 appropriations in P.L. 116-94, Further Consolidated Appropriations Act, 2020. Funding is to remain available until September 30, 2021.

c. This column reflects supplemental FY2020 appropriations in P.L. 116-127, Families First Coronavirus Response Act and P.L. 116-136, Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Funding is to remain available until September 30, 2021.

d. Starting with FY2014, amounts reflect program administration costs for aging and disability services programs administered by ACL, not just aging services programs administered by AOA as in prior years. Prior to FY2014, amounts reflected under program administration included AOA administration of most OAA programs and several programs under non-OAA authorities (e.g., Public Health Service Act [PHSA] and the Medicare Improvements for Patients and Providers Act [MIPPA]).

e. Starting in FY2014, Budget documents provide funds for the National Eldercare Locator (authorized under Title II) and Multigenerational Civic Engagement (authorized under Title IV) together under a new "National Eldercare Locator and Engagement" line item. For simplicity, this table includes this funding under Title II Aging network support activities.

f. Starting in FY2016, Budget documents provide funds for the Resource Center on Women and Retirement Planning (authorized under Title IV) and the Pension Counseling and Information Program (authorized under Title II) together under a new "Pension Counseling and Retirement Information" line item. For simplicity, this table includes this funding under Title II Aging network support activities.

g. In addition to discretionary funding, the Senior Medicare Patrol Program receives mandatory Health Care Fraud and Abuse Control (HCFAC) account funds under the Centers for Medicare and Medicaid Services (CMS).

h. In FY2016, the Consolidated Appropriations Act, 2016 (P.L. 114-113), changed the source of discretionary funding for the Senior Medicare Patrol program from that funded under ACL appropriations to CMS HCFAC appropriations. Subsequent annual appropriations laws have continued this practice. The FY2016 and FY2017 appropriations laws did not specify a specific amount for these activities. The FY2018 and FY2019 appropriations laws each required the HHS Secretary to provide not less than $17.621 million from HCFAC for the Senior Medicare Patrol program. The FY2020 appropriations law requires the HHS Secretary to provide not less than $18.000 million from HCFAC for the Senior Medicare Patrol program.

i. In addition to ADRC discretionary funding under Title II, §2405 of the Patient Protection and Affordable Care Act (ACA, P.L. 111-148, as amended) provided mandatory appropriations for ADRCs of $10.0 million for each year from FY2010 to FY2014.

j. Elder rights support activities include the National Center on Elder Abuse and the National Long-Term Care Ombudsman Resource Center (both authorized under Title II), and Model Approaches to Statewide Legal Assistance and National Legal Assistance and Support Projects (both authorized under Title IV). Prior to FY2011, funding for these programs was included in totals for Aging network support activities and Program Innovations.

k. Funding for Native American family caregiving is shown in Title VI.

l. P.L. 116-127, the Families First Coronavirus Response Act provides $240.0 million in supplemental funding for OAA Title III nutrition services ($80.0 million for congregate nutrition and $160.0 million for home-delivered nutrition). P.L. 116-136 the Coronavirus Aid, Relief, and Economic Security (CARES) Act provides $480.0 million in supplemental funding for OAA Title III nutrition services that ACL allocated to states and territories under their home-delivered nutrition programs.

m. Starting in FY2015, Elder rights support activities also include Elder Justice/Adult Protective Services (APS) funding. For simplicity, this table counts funding for Elder Justice/APS under Title IV elder rights support activities; however, these funds may also be used for activities authorized under OAA Section 751 and the Elder Justice Act (§2042(a) of the Social Security Act).

n. Starting in FY2015, Title IV Aging network support activities also includes Holocaust Survivors Assistance.

o. The Consolidated Appropriations Act, 2018 (P.L. 115-141), streamlined ACL's four Alzheimer's disease programs (Alzheimer's Disease Supportive Services, Alzheimer's Disease Initiative—Specialized Supportive Services, Alzheimer's Disease Initiative—Communications, and the National Alzheimer's Call Center previously funded under Aging Network Support Activities) into a single Alzheimer's Disease Program. For each of FY2018, FY2019, and FY2020, in addition to discretionary funds, the Alzheimer's Disease Program also received $14.7 million in mandatory funds from the Prevention and Public Health Fund (PPHF).

p. P.L. 116-136, Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provides $20.0 million for OAA Title VII services that ACL allocated to the Long-Term Care Ombudsman Program.

Appendix B. Authorizations of Appropriations for Older Americans Act (OAA) Programs

Table B-1 provides authorizations of appropriations under the Older Americans Act, as amended by P.L. 116-131. Authorizations of appropriations are shown by OAA title and program or activity (Titles II through VII). No authorizations of appropriations are under Title I of the act.

Authorizations of appropriations for each fiscal year (FY2020 through FY2024) have been summed to show a total amount for each year (bottom of Table B-1). However, this total amount includes only those OAA authorizations of appropriations with a discrete amount specified in statute, which applies to almost all authorizations of appropriations. The one exception is under OAA Title VII, Subtitle B, Native American Organization and Elder Justice Provisions. OAA Section 751 authorizes to be appropriated "such sums as may be necessary" for Native American elder rights program and grants for state elder justice systems. Table B-1 shows the authorizations of appropriations by OAA title and program or activity (first column). The second column describes any amendments or changes to statutory language under P.L. 116-131. The last five columns show the authorizations of appropriations amounts for each program or activity for FY2020 through FY2024 with a total amount summed below for each fiscal year.

Table B-1. Authorizations of Appropriations for Older Americans Act as Amended by the Supporting Older Americans Act of 2020 (P.L. 116-131)

 

 

Authorizations of Appropriations

 

OAA Statutory Reference

FY2020

FY2021

FY2022

FY2023

FY2024

Title II, Administration on Aging (AOA)

Administration, Salaries, and Expenses of AOA

§216(a) authorizes to be appropriated for administration, salaries, and expenses of the Administration

$43,937,410

$46,573,655

$49,368,074

$52,330,158

$55,469,968

Eldercare Locator

§216(b)(1) authorizes to be appropriated to carry out §202(a)(21), relating to the National Eldercare Locator Service

$2,180,660

$2,311,500

$2,450,190

$2,597,201

$2,753,033

Pension Counseling and Information Program

§216(b)(2), relating to Pension Counseling and Information Programs, authorizes to be appropriated

$1,988,060

$2,107,344

$2,233,784

$2,367,811

$2,509,880

Elder Rights Support Activities (Title II)

§216(b)(3) authorizes to be appropriated to carry out §202 relating to Elder Rights Support Activities under this title

$1,371,740

$1,454,044

$1,541,287

$1,633,764

$1,731,790

Aging and Disability Resource Centers

§216(b)(4) authorizes to be appropriated to carry out §202(b) relating to the Aging and Disability Resource Centers

$8,687,330

$9,208,570

$9,761,084

$10,346,749

$10,967,554

Title III, State and Community Programs on Aging

 

 

Supportive Services and Centers

§303(a) authorizes to be appropriated to carry out Part B

$412,029,180

$436,750,931

$462,955,987

$490,733,346

$520,177,347

Congregate Nutrition Services

§303(b)(1) authorizes to be appropriated to carry out Subpart 1 of Part C

$530,015,940

$561,816,896

$595,525,910

$631,257,465

$669,132,913

Home-Delivered Nutrition Services

§303(b)(2) authorizes to be appropriated to carry out Subpart 2 of Part C

$268,935,940

$285,072,096

$302,176,422

$320,307,008

$339,525,428

Disease Prevention and Health Promotion

§303(d) authorizes to be appropriated to carry out Part D

$26,587,360

$28,182,602

$29,873,558

$31,665,971

$33,565,929

Family Caregiver Support

§303(e) authorizes to be appropriated to carry out Part E

$193,869,020

$205,501,161

$217,831,231

$230,901,105

$244,755,171

Nutrition Services Incentive Program

§311(e) authorizes to be appropriated

$171,273,830

$181,550,260

$192,443,275

$203,989,872

$216,229,264

Title IV, Activities for Health, Independence, and Longevity

 

 

Aging Network Support Activities

§411(b)(1) authorizes to be appropriated to carry out aging network support activities under this section

$14,514,550

$15,385,423

$16,308,548

$17,287,061

$18,324,285

Elder Rights Support Activities (Title IV)

§411(b)(2) authorizes to be appropriated to carry out elder rights support activities under this section

$15,613,440

$16,550,246

$17,543,261

$18,595,857

$19,711,608

Title V, Community Service Senior Opportunities Act

 

 

Community Service Employment for Older Americans

§517(a) authorizes to be appropriated for Title V

$428,000,000

$453,680,000

$480,900,800

$509,754,848

$540,340,139

Title VI, Grants for Native Americans

 

 

Indian and Native Hawaiian Programs

§643(1) authorizes to be appropriated for Parts A and B

$37,102,560

$39,298,714

$41,626,636

$44,094,235

$46,709,889

Native American Caregiver Support Program

§643(2) authorizes to be appropriated for Part C

$10,759,920

$11,405,515

$12,089,846

$12,815,237

$13,584,151

Title VII, Vulnerable Elder Rights Protection Activities

 

 

Subtitle A—State Programs

 

 

Long-Term Care Ombudsman Program (Chapter 2)

§702(a) to authorize to be appropriated to carry out Chapter 2

$18,066,950

$19,150,967

$20,300,025

$21,518,027

$22,809,108

Elder Abuse, Neglect, and Exploitation Prevention Program (Chapter 3) and State Legal Assistance Development Program (Chapter 4)

§702(b) to authorize to be appropriated to carry out Chapters 3 and 4

$5,107,110

$5,413,537

$5,738,349

$6,082,650

$6,447,609

Subtitle B—Native American Organization and Elder Justice Provisions

 

 

Native American Elder Rights Program and Grants for State Elder Justice Systems

§751(d) authorizes to be appropriated such sums as may be necessary (SSAN) for FY2007 and subsequent fiscal years

SSAN

SSAN

SSAN

SSAN

SSAN

Total Authorization of Appropriationsa

$2,190,041,000

$2,321,413,461

$2,460,668,267

$2,608,278,365

$2,764,745,066

Source: The Older Americans Act, as amended by the Supporting Older Americans Act of 2020, P.L. 116-131.

a. The "Total Authorization of Appropriations" do not include an amount for OAA §751(d) under Subtitle B, Native American Organizations and Elder Justice Provisions.

Author Contact Information

Kirsten J. Colello, Specialist in Health and Aging Policy ([email address scrubbed], [phone number scrubbed])
Angela Napili, Senior Research Librarian ([email address scrubbed], [phone number scrubbed])

Footnotes

1.

For more information on the OAA 2016 reauthorization, see CRS Report R44485, Older Americans Act: 2016 Reauthorization.

2.

The funding amounts described in this report are in budget authority.

3.

National Association of Area Agencies on Aging, National Survey of Area Agencies on Aging: Serving America's Older Adults, 2017 Report, https://www.n4a.org/Files/2017%20AAA%20Survey%20Report/AAANationalSurvey_web.pdf#page=24.

4.

Ibid., the 56 State Units on Aging include the 50 states, 5 U.S. territories, and the District of Columbia.

5.

U.S. Department of Health and Human Services, Administration for Community Living, Administration on Aging, FY2016 Report to Congress: Older Americans Act, p. 53, https://acl.gov/sites/default/files/about-acl/2019-02/FY2016_OAA%20Report%20to%20Congress.pdf. For more information see, ACL, Aging and Disability Resource Centers Program/No Wrong Door System, https://acl.gov/programs/connecting-people-services/aging-and-disability-resource-centers-programno-wrong-door.

6.

Beginning in FY2009, Congress provided mandatory funding under the Medicare Improvements for Patients and Providers Act (MIPPA, P.L. 110-275; 42 U.S.C. 1395b-3 note) for Medicare enrollment assistance to Aging Disability Resource Centers (ADRCs), as well as Area Agencies on Aging (AAAs), State Health Insurance and Assistance Programs (SHIPs), and the National Center for Benefits Outreach and Enrollment. ADRCs receive $5 million in mandatory funding for FY2020 under P.L. 116-136, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). In addition, the CARES Act provides mandatory funding for ADRCs under MIPPA for October 1, 2020, through November 30, 2020, in "the amount equal to the pro rata portion of the amount appropriated for such period for fiscal year 2020."

7.

CARES Act ADRC funding allocations by state are described in "How was the funding formula determined? What is the funding allocation?" in ACL, ADRC/No Wrong Door System Funding Opportunity: Critical Relief Funds for COVID-19 Pandemic Response: COVID-19 ADRC Emergency Funding Opportunity, April 10, 2020, p. 3, https://acl.gov/sites/default/files/common/ACL_COVID-19_Emergency_Funding_FAQ_PostWebinar.pdf.

8.

P.L. 116-94, Division A, Title II, p. 87.

9.

U.S. Department of Health and Human Services, Administration for Community Living, Administration on Aging, FY2016 Report to Congress: Older Americans Act, p. 3, https://acl.gov/sites/default/files/about-acl/2019-02/FY2016_OAA%20Report%20to%20Congress.pdf.

10.

Also, on March 13, 2020, the President declared that the ongoing COVID-19 pandemic is of sufficient severity and magnitude to warrant an emergency determination under §501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ("Stafford Act"; 42 U.S.C. 5121-5207). The emergency exists nationwide. Under the declaration, states, U.S. territories, and tribes may consider requests for a declaration of a "major disaster" under §401(a) of the Stafford Act. A major disaster declaration under the Stafford Act triggers disaster relief authority in the OAA should a state (including a U.S. territory) or tribe (OAA Title VI grantee) request and receive such declaration. Specifically, OAA §310 (42 U.S.C. 3030) provides authority for states to use any portion of funding made available under any and all sections of the act for disaster relief provided to older individuals. For further information, see ACL guidance issued March 16, 2020 at https://acl.gov/sites/default/files/common/OAA%20DISASTER%20RELIEF%20REIMBURSEMENTS-310%203-16-2020.docx.

11.

State allotments for Title III programs are listed at HHS, ACL, State and Tribal Funding Allocations, https://acl.gov/about-acl/older-americans-act-oaa.

12.

U.S. Department of Health and Human Services, Administration for Community Living, Administration on Aging, FY2016 Report to Congress: Older Americans Act, p. 16, https://acl.gov/sites/default/files/about-acl/2019-02/FY2016_OAA%20Report%20to%20Congress.pdf.

13.

U.S. Department of Health and Human Services, Administration for Community Living, AGing Integrated Database (AGID), State Program Reports, Data at a Glance, https://agid.acl.gov/DataGlance/SPR/.

14.

Ibid.

15.

Title IV Section 411 also authorizes Falls Prevention activities. Funding for these activities for FY2018 were provided under mandatory funding for the Prevention and Public Health Fund. "Explanatory Statement Submitted by Mr. Frelinghuysen, Chairman of the House Committee on Appropriations, Regarding the House Amendment to the Senate Amendments on H.R. 1625," Congressional Record, vol. 164, no. 50, Book III (March 22, 2018), pp. H2705 and H2748.

16.

The Alzheimer's Disease Initiative Programs are authorized under OAA Section 411 and Section 4002 of the Patient Protection and Affordable Care Act; FY2020 funding for these programs is provided from the PPHF. The Alzheimer's Disease Supportive Services Program was authorized under Section 398 of the Public Health Services Act and FY2018 funding was provided under the Alzheimer's Disease Supportive Services Program line-item appropriation. The National Alzheimer's Call Center is authorized under OAA Section 411 and FY2018 funding was provided under OAA Title IV Aging Network Support Activities.

17.

Participants' incomes must be no greater than 125% of the federal poverty guidelines, 20 C.F.R. §641.500. For more information about the Community Service Employment for Older Americans (CSEOA) program, see CRS Report R45626, Older Americans Act: Senior Community Service Employment Program, by Benjamin Collins.

18.

U.S. Department of Labor, Senior Community Service Employment Program, http://www.doleta.gov/Seniors/.

19.

Program Year 2019 allotments were announced in a series of letters and change documents available at U.S. Department of Labor, Training and Employment Guidance Letter No. 18-18, https://wdr.doleta.gov/directives/corr_doc.cfm?docn=8313. Per OAA Section 517(b), CSEOA is forward funded; for example, dollars appropriated in FY2020 (October 1, 2019 to September 30, 2020) are used for PY2020 (July 1, 2020 to June 30, 2021).

20.

There are more participants than positions in a given program year; as participants leave the program, their job slots can be filled by new participants. Department of Labor Employment and Training Administration, State Statutory Formula Funding, Community Service Employment for Older Americans, Dollars Tables, PY 2019, https://www.doleta.gov/budget/statfund.cfm.

21.

U.S. Department of Health and Human Services, Administration for Community Living, Fiscal Year 2021 Justification of Estimates for Appropriations Committees, p. 87.

22.

Tribal organization allocation tables are at ACL, State and Tribal Funding Allocations, https://acl.gov/about-acl/older-americans-act-oaa.

23.

U.S. Department of Health and Human Services, Administration for Community Living, AGing Integrated Database (AGID), National Ombudsman Reporting System (NORS), Data at a Glance, https://agid.acl.gov/DataGlance/NORS/.

24.

Program administration funding reflects administration costs for ACL-administered programs authorized under OAA as well as the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), the Help America Vote Act (HAVA), the Assistive Technology (AT) Act, the Rehabilitation Act, the Public Health Service Act (PHSA), the Elder Justice Act (EJA), and Medicare Improvements for Patients and Providers Act (MIPPA). (U.S. Department of Health and Human Services, Administration for Community Living, Fiscal Year 2021 Justification of Estimates for Appropriations Committees, p. 258.) In addition, the Falls Prevention Program and Alzheimer's Disease Program, both authorized under OAA Title IV, receive mandatory funding under the Public Health Prevention Fund (PPHF). The Senior Medicare Patrol Program also receives mandatory HCFAC account funding. These mandatory amounts are not reflected in the estimated OAA total.

25.

ACL has posted COVID-19 related guidance for OAA grantees and service providers at ACL, Coronavirus disease 2019 (COVID-19), https://acl.gov/COVID-19; scroll to "Information for the Aging and Disability Networks."

26.

State and tribal organization allocation tables for the Families First Coronavirus Response Act (P.L. 116-127) and CARES Act (P.L. 116-136) are at ACL, State and Tribal Funding Allocations, https://acl.gov/about-acl/older-americans-act-oaa.

27.

Furthermore, during any portion of the COVID-19 public health emergency declared under Section 319 of the Public Health Service Act (PHSA), Section 3222 of the CARES Act provides additional transfer authority between OAA nutrition programs, clarifies participant requirements for home-delivered meals, and authorizes the Assistant Secretary to waive certain dietary requirements for nutrition services. In addition, Section 3223 of the CARES Act provides additional flexibility for the Secretary of Labor with respect to administration and implementation of OAA Title V, CSEOA program.

28.

P.L. 116-136, the Coronavirus Aid, Relief, and Economic Security (CARES) Act provided $480.0 million in supplemental funding for OAA Title III nutrition services that ACL allocated to states and territories under their home-delivered nutrition programs and provided $20.0 million for OAA Title VII services that ACL allocated to the Long-Term Care Ombudsman Program, for more information see https://acl.gov/about-acl/older-americans-act-oaa.

29.

The Budget Control Act of 2011 (BCA; P.L. 112-25) tasked a Joint Select Committee on Deficit Reduction with developing a deficit reduction plan for Congress and the President to enact by January 15, 2012. The failure of Congress and the President to enact deficit reduction legislation by that date triggered an automatic spending reduction process that included sequestration. This sequestration affected OAA programs through a 5% reduction in nonexempt nondefense discretionary funding in FY2013. In addition, the Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6), which generally funded discretionary HHS and Department of Labor (DOL) programs for FY2013 at their FY2012 levels, also included an across-the-board rescission of 0.2% per Section 3004.