[Congressional Record Volume 142, Number 106 (Thursday, July 18, 1996)]
[Senate]
[Pages S8159-S8160]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Inouye and Mr. Stevens):
  S. 1972. A bill to amend the Older Americans Act of 1965 to improve 
the provisions relating to Indians, and for other purposes; to the 
Committee on Indian Affairs.


          The Older Americans Indian Technical Amendments Act

  Mr. McCAIN. Mr. President, I rise today on behalf of myself and 
Senators Inouye and Stevens to introduce legislation to make various 
technical amendments to the Older Americans Act. This bill provides 
greater flexibility to the Administration on Aging to assist Indian 
tribes in providing critically needed nutrition services to older 
native Americans.
  In most native communities, older native Americans are held in the 
highest esteem because they serve a vital role in the community as the 
keepers of culture, language, and tradition. native American elder 
populations are growing rapidly throughout Indian country, representing 
almost 9 percent of the total native American population. However, 
older Native Americans also experience levels of poverty at rates 
significantly higher than the national level, ranging from 29 percent 
for Indian elders aged 60 and older to 38 percent for rural Indian 
elders aged 65 and over. Older native Americans still live under some 
of the most remote and harsh conditions existing in Indian country.
  In addition to high levels of poverty, native American elders 
experience comparatively higher levels of immobility and disability 
with severely limited self-care options. Native American elders often 
live alone in remote areas with no access to transportation or 
telephone services. In some cases, the nearest telephone or grocery 
store is hundreds of miles away. Many older Native Americans who live 
in rural areas have not graduated from high school or have no formal 
schooling. Employment opportunities for older native Americans are 
extremely limited due to the remoteness of Indian communities and the 
lack of formal education.
  The community-based services provided to native American elders 
through the Older Americans Act are of great benefit to many Indian 
communities. Through the act, many older Native Americans can earn 
incomes by serving their tribal communities through the senior 
employment programs. The act also authorizes grants to Indian tribes 
and tribal organizations through title VI to administer important 
nutritional programs in remote areas such as those serving Alaska 
Native communities and rural areas on the Navajo Reservation in my home 
State of Arizona.
  However, these programs can be strengthened to ensure that Indian 
tribes are able to tailor nutritional and supportive programs that are 
appropriate to the cultural and geographic characteristics of their 
communities. Often, employment and nutrition programs are difficult to 
administer in Indian country because of the remoteness of the service 
area for Indian populations and the unique character of Indian 
cultures. The legislation I am proposing will ensure that Indian tribes 
and tribal organizations serving Native American elders will be 
afforded maximum flexibility in administering employment and nutrition 
programs to provide critically needed services at the reservation 
level.

  The bill modifies the definition of ``reservation'' to clarify that 
Indian tribes in Oklahoma and California, as well as Alaska Native 
communities, will maintain their eligibility to administer programs 
under the act. Indian reservations and Alaska Native communities suffer 
from the highest unemployment rates in the United States and endure the 
lowest incomes of all Americans. The application of this requirement 
only serves to frustrate the efforts of older Native Americans to work 
in their own communities.
  The bill will also modify the requirement for certification by the 
Bureau of Indian Affairs [BIA] in Section 3057e(b) to provide more 
flexibility to the administration and to tribal applicants by allowing 
the BIA to certify population statistics for tribal grant applications 
through a written approval letter. This change is necessary to clarify 
that the current procedure of obtaining written approval from the BIA 
is sufficient for tribal applicants to receive a grant award.
  Finally, the act will simplify certain requirements that impose 
unreasonable and overly burdensome application and reporting 
requirements for tribal applicants. The bill authorizes the Assistant 
Secretary for Aging to take into consideration the special 
circumstances facing geographically isolated and small communities that 
do not have the infrastructure or resources to meet strict and onerous 
application and reporting requirements. Instead of providing much 
needed services for small and rural Indian communities, tribal grant 
recipients often find themselves preoccupied with complying with 
voluminous paperwork requirements.
  Mr. President, the Older Americans Act provides critically needed 
human and social services to older Native Americans on a daily basis. 
The bill we are introducing today will simply ensure that older Native 
Americans will continue to receive the assistance they need to stay in 
their own homes and communities, and continue to fulfill their vital 
role as the keepers of culture, language and tradition.
  I ask unanimous consent that the full text of this bill and the 
section-by-section summary be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1972

         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 ``Older Americans Indian 
     Technical Amendments Act''.

     SEC. 2. INDIAN EMPLOYMENT; DEFINITION OF INDIAN RESERVATION.

       Section 502(b)(1)(B) of such Act (42 U.S.C. 3056(b)(1)(B)) 
     is amended to read as follows:
       ``(B)(i) will provide employment for eligible individuals 
     in the community in which such individuals reside, or in 
     nearby communities; or
       ``(ii) if such project is carried out by a tribal 
     organization that enters into an agreement under subsection 
     (b) or receives assistance from a State that enters into such 
     an agreement, will provide employment for such individuals 
     who are Indians residing on an Indian reservation, as the 
     term is defined in section 2601(2) of the Energy Policy Act 
     of 1992 (25 U.S.C. 3501(2)).''.

     SEC. 3. POPULATION STATISTICS DEVELOPMENT.

       Section 614(b) of such Act (42 U.S.C. 3057e(b)) is amended 
     by striking ``certification'' and inserting ``approval''.

     SEC. 4. REPORTING REQUIREMENTS.

       Section 614(c) of such Act (42 U.S.C. 3057e(c)) is 
     amended--

[[Page S8160]]

       (1) by inserting ``(1)'' after ``(c)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Assistant Secretary shall provide waivers and 
     exemptions of the reporting requirements of subsection (a)(3) 
     for applicants that serve Indian populations in 
     geographically isolated areas, or applicants that serve small 
     Indian populations, where the small scale of the project, the 
     nature of the applicant, or other factors make the reporting 
     requirements unreasonable under the circumstances. The 
     Assistant Secretary shall consult with such applicants in 
     establishing appropriate waivers and exemptions.''.

     SEC. 5. EXPENDITURE OF FUNDS FOR NUTRITION SERVICES.

       Section 614(c) of such Act (42 U.S.C. 3057e(c)), as amended 
     by section 4, is further amended by adding at the end the 
     following new paragraph:
       ``(3) In determining whether an application complies with 
     the requirements of subsection (a)(8), the Assistant 
     Secretary shall provide maximum flexibility to an applicant 
     who seeks to take into account subsistence needs, local 
     customs, and other characteristics that are appropriate to 
     the unique cultural, regional, and geographic needs of the 
     Indian populations to be served.''.

     SEC. 6. COORDINATION OF SERVICES.

       Section 614(c) of such Act (42 U.S.C. 3057e(c)), as amended 
     by section 5, is further amended by adding at the end the 
     following new paragraph:
       ``(4) In determining whether an application complies with 
     the requirements of subsection (a)(12), the Assistant 
     Secretary shall require only that an applicant provide an 
     appropriate narrative description of the geographical area to 
     be served and an assurance that procedures will be adopted to 
     ensure against duplicate services being provided to the same 
     recipients.''.
                                                                    ____


  Section-by-Section Analysis of the Older Americans Indian Technical 
                             Amendments Act

     SECTION 1. SHORT TITLE.

  This section cites the short title of the bill, as the ``Older 
Americans Indian Technical Amendments Act.''

     SEC. 2. INDIAN EMPLOYMENT; DEFINITION OF INDIAN RESERVATION.

  This section amends Section 502(b)(1)(B) of the Act (42 U.S.C. 
3056(b)(1)(B)) by modifying the definition of ``reservation'' in the 
current Act to conform with the definition found in Section 2601(2) of 
the Energy Policy Act of 1992.

     SEC. 3. POPULATION STATISTICS DEVELOPMENT.

  This section amends Section 614(b) of the Act (42 U.S.C. 3057e(b)) by 
striking the word ``certification'' and inserting the word 
``approval.''

     SEC. 4. REPORTING REQUIREMENTS.

  This section amends Section 614(c) of the Act (42 U.S.C. 3057e(c)) by 
adding a new paragraph (2) which authorizes the Assistant Secretary on 
Aging to waive or exempt the reporting requirements of section (a)(3) 
for applicants that serve Indian populations in geographically isolated 
areas or applicants that serve small Indian populations, while still 
maintaining strict accountability standards.

     SEC. 5. EXPENDITURE OF FUNDS FOR NUTRITION SERVICES.

  This section amends Section 614(c) of the Act (42 U.S.C. 3057e(c)) by 
adding a new paragraph (3) which requires the Assistant Secretary on 
Aging, in determining whether an application complies with the 
requirements of subsection (a)(8), to take into account the unique 
cultural and geographical considerations of the Indian populations to 
be served.

     SEC. 6. COORDINATION OF SERVICES.

  This section amends Section 614(c) of the Act (42 U.S.C. 3057e(c)) by 
adding a new paragraph (4) which requires the Assistant Secretary on 
Aging, in determining whether an application complies with the 
requirements of subsection (a)(12), to provide flexibility to tribal 
applicants by requiring only that they submit an appropriate narrative 
description of the geographical area and population to be served and an 
appropriate assurance against duplicate services being provided
                                 ______