[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4273 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4273

  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

                              May 7, 2024

  Ms. Murkowski (for herself and Ms. Smith) 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 the 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 the Workforce of the House of 
        Representatives;
            ``(VII) 1 shall be appointed by the ranking member of the 
        Committee on Education and the 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 ``2024''.

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 the 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>