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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 870 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 870
To amend the Older Americans Act of 1965 to enhance the longevity,
dignity, empowerment, and respect of older individuals who are Native
Americans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2025
Ms. Murkowski introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Older Americans Act of 1965 to enhance the longevity,
dignity, empowerment, and respect of older individuals who are Native
Americans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Native Elders' Longevity,
Dignity, Empowerment, and Respect Act'' or the ``Native ELDER Act''.
SEC. 2. OLDER AMERICANS TRIBAL ADVISORY COMMITTEE.
Section 201(c) of the Older Americans Act of 1965 (42 U.S.C.
3011(c)) is amended by adding at the end the following:
``(4)(A) In this paragraph:
``(i) The term `Native Hawaiian' has the meaning given such
term in section 625.
``(ii) The term `relevant committees of Congress' means--
``(I) the Committee on Health, Education, Labor,
and Pensions of the Senate;
``(II) the Committee on Education and Workforce of
the House of Representatives;
``(III) the Committee on Indian Affairs of the
Senate; and
``(IV) the Subcommittee on Indian and Insular
Affairs of the Committee on Natural Resources of the
House of Representatives.
``(B)(i) From amounts appropriated pursuant to section 216(a), the
Assistant Secretary shall establish, within the Office for American
Indian, Alaskan Native, and Native Hawaiian Programs, an advisory
committee, to be known as the `Older Americans Tribal Advisory
Committee' (referred to in this paragraph as the `Committee') to
provide advice and guidance to the Assistant Secretary on matters
relating to Native Americans under this Act.
``(ii) The Committee shall facilitate, but not supplant,
government-to-government consultation between the Administration and
Indian tribes and confer with organizations representing Native
Hawaiians.
``(C)(i) The Committee shall be composed of 11 members, of whom--
``(I) 3 shall be appointed by the Assistant Secretary;
``(II) 1 shall be appointed by the chairperson of the
Committee on Indian Affairs of the Senate;
``(III) 1 shall be appointed by the ranking member of the
Committee on Indian Affairs of the Senate;
``(IV) 1 shall be appointed by the chairperson of the
Committee on Health, Education, Labor, and Pensions of the
Senate;
``(V) 1 shall be appointed by the ranking member of the
Committee on Health, Education, Labor, and Pensions of the
Senate;
``(VI) 1 shall be appointed by the chairperson of the
Committee on Education and Workforce of the House of
Representatives;
``(VII) 1 shall be appointed by the ranking member of the
Committee on Education and Workforce of the House of
Representatives;
``(VIII) 1 shall be appointed by the chairperson of the
Subcommittee on Indian and Insular Affairs of the Committee on
Natural Resources of the House of Representatives; and
``(IX) 1 shall be appointed by the ranking member of the
Subcommittee on Indian and Insular Affairs of the Committee on
Natural Resources of the House of Representatives.
``(ii) Nominations for members of the Committee shall be from any
of the following:
``(I) Indian tribes.
``(II) Tribal organizations.
``(III) Organizations representing Native Hawaiians.
``(iii) To the maximum extent feasible, the Assistant Secretary
shall work with the individuals making appointments under clause (i) to
ensure--
``(I) that the members of the Committee represent a diverse
set of expertise on issues relating to geographic regions,
Indian tribes, organizations representing Native Hawaiians, and
the health and well-being of Native Americans;
``(II) that not less than one member is an Alaskan Native;
and
``(III) that not less than one member is a Native Hawaiian.
``(iv) No member of the Committee shall be an officer or employee
of the Federal Government.
``(v)(I) Each member of the Committee--
``(aa) subject to subclause (II), shall be appointed to a
3-year term; and
``(bb) may be reappointed to not more than 3 consecutive
terms.
``(II) The first 3 appointments by the Assistant Secretary under
clause (i)(I) shall be for a 2-year term.
``(III) Any vacancy in the Committee shall be filled in the same
manner as the original appointment not more than 90 days after the date
on which the position becomes vacant.
``(D)(i) The Committee shall meet in person not less than twice
each year.
``(ii) Not fewer than 1 representative from the Office for American
Indian, Alaskan Native, and Native Hawaiian Programs shall be present
at each meeting of the Committee.
``(iii) Any representatives from the Office for American Indian,
Alaskan Native, and Native Hawaiian Programs shall be nonvoting
representatives at meetings of the Committee.
``(E) The Committee shall--
``(i) identify evolving issues of relevance to Native
Americans relating to programs of the Administration under this
Act;
``(ii) communicate to the Assistant Secretary the issues
identified under clause (i);
``(iii) submit to the Assistant Secretary recommendations
for, and solutions to--
``(I) the issues identified under clause (i);
``(II) issues relating to this Act involving Native
Americans raised at the Tribal, regional, or national
level; and
``(III) issues relating to any Tribal consultation
carried out by the Administration under this Act;
``(iv) discuss issues and proposals for changes to the
regulations, policies, and procedures of the Administration
under this Act that impact Native Americans;
``(v) identify priorities and provide advice on appropriate
strategies for Tribal consultation on issues under this Act at
the Tribal, regional, or national level regarding the
Administration;
``(vi) ensure that pertinent issues of the Administration
under this Act are brought to the attention of an Indian tribe
and organization representing Native Hawaiians in a timely
manner so that timely feedback from an Indian tribe and
organization representing Native Hawaiians can be obtained;
``(vii) identify and propose solutions to any
interdepartmental barrier between the Administration and other
Federal agencies; and
``(viii) coordinate with the Secretary of Labor, the
Administrator of the Centers for Medicare & Medicaid Services,
and the Director of the Indian Health Service on relevant
issues.
``(F)(i) Not less frequently than once each year, the Committee
shall submit to the Assistant Secretary and the relevant committees of
Congress a report that describes--
``(I) the activities of the Committee during the previous
year; and
``(II) recommendations for legislative or administrative
action for the following year.
``(ii) Not more than 45 days after the date on which the Assistant
Secretary receives a report under clause (i), the Assistant Secretary
shall submit a written response to that report to--
``(I) the Committee; and
``(II) the relevant committees of Congress.
``(G) Members of the Committee shall be compensated at a rate equal
to the daily equivalent of the annual rate of basic pay prescribed for
level IV of the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel time) during which
the member is engaged in the performance of the duties of the
Committee.
``(H) Chapter 10 of title 5, United States Code, shall not apply to
the Committee.''.
SEC. 3. SUPPORTING SERVICES FOR HEALTHY AGING AND INDEPENDENCE.
Section 636(b)(2) of the Older Americans Act of 1965 (42 U.S.C.
3057k-21(b)(2)) is amended by striking ``in-home assistance'' and
inserting ``in-home assistance (including for the modification of homes
that is necessary to facilitate the ability of older individuals to
remain at home)''.
SEC. 4. FUNDING SET ASIDE.
Section 644 of the Older Americans Act of 1965 (42 U.S.C. 3057o) is
amended--
(1) by striking ``not more than''; and
(2) in paragraphs (1) and (2), by striking ``2019'' and
inserting ``2025''.
SEC. 5. TECHNICAL ASSISTANCE AND TRAINING PROGRAMS.
Section 201(c)(3)(H) of the Older Americans Act of 1965 (42 U.S.C.
3011(c)(3)(H)) is amended to read as follows:
``(H) develop and provide technical assistance and training
programs to grantees under title VI, which technical assistance
and training programs--
``(i) shall ensure adequate organizational capacity
to deliver the services under such title; and
``(ii) may include topics such as program
management, data development and use, basic business
skills, grant development, program and service
innovations, and staff training and certification;''.
SEC. 6. REPORTS.
(a) Assistant Secretary for Aging.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary for Aging shall
submit to the committees described in paragraph (2), and make
publicly available, a report that--
(A) evaluates the feasibility of modeling the
Native American Caregiver Support Program under part C
of title VI of the Older Americans Act of 1965 (42
U.S.C. 3057k-11 et seq.) on the program of
comprehensive assistance for family caregivers of
eligible veterans under section 1720G(a) of title 38,
United States Code;
(B) evaluates the level of need for in-home
services that include accessible home modifications for
older individuals who are Native Americans, including
the need for provisions under the Older Americans Act
of 1965 to prioritize accessible home modifications as
in-home services for such older individuals; and
(C) evaluates and identifies barriers to Indian
tribes accessing programs under title VI of the Older
Americans Act of 1965, and coordination between
programs funded under title III of such Act and
programs funded under title VI of such Act, including
by--
(i) assessing the impacts of population-
based formulas and tribal service population
requirements on program participation;
(ii) identifying the number of Indians
unserved by programs under such title VI;
(iii) identifying the States making grants
to Indian tribes under title III of such Act;
and
(iv) providing estimates of funding
necessary to support programs under title VI of
such Act for all tribal organizations not
eligible under such title as in effect on the
date of enactment of this Act.
(2) Committees of congress.--The committees described in
this paragraph are--
(A) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(B) the Committee on Education and Workforce of the
House of Representatives;
(C) the Committee on Indian Affairs of the Senate;
and
(D) the Subcommittee on Indian and Insular Affairs
of the Committee on Natural Resources of the House of
Representatives.
(b) Secretary of Labor.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Labor shall submit a report to
Congress on how recipients of funding under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.) are serving older
individuals who are Native Americans with such funding.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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