S. 870 — Native ELDER Act

This section establishes within the Office for American Indian, Alaskan Native, and Native Hawaiian Programs of the Administration on Aging an Older Americans Tribal Advisory Committee to provide advice and guidance to the Assistant Secretary for Aging on matters relating to Native Americans under the Older Americans Act of 1965. (The committee, funded from appropriations under section 216(a) of the act, facilitates but does not supplant government-to-government consultation with Indian tribes and confers with organizations representing Native Hawaiians.) The committee consists of 11 non-federal members nominated from Indian tribes, tribal organizations, or Native Hawaiian organizations and appointed as follows: (1) 3 by the Assistant Secretary; (2) 1 each by the chair and ranking member of the Senate Committee on Indian Affairs, Senate Committee on Health, Education, Labor, and Pensions, House Committee on Education and Workforce, and House Subcommittee on Indian and Insular Affairs of the Committee on Natural Resources. Appointments aim for diversity in geographic regions, tribes, Native Hawaiian organizations, and expertise on Native American health and well-being, including at least 1 Alaskan Native and 1 Native Hawaiian; members serve 3-year terms (initial 3 Assistant Secretary appointments for 2 years), renewable up to 3 consecutive terms, with vacancies filled within 90 days. The committee meets in person at least twice annually with nonvoting representatives from the office present and must (1) identify and communicate evolving issues relevant to Native Americans; (2) recommend solutions to those issues, tribal/regional/national concerns, and tribal consultations; (3) discuss proposed changes to Administration regulations, policies, and procedures; (4) advise on tribal consultation strategies; (5) ensure timely issue notification to tribes and Native Hawaiian organizations; (6) propose solutions to interdepartmental barriers; and (7) coordinate with the Secretary of Labor, CMS Administrator, and Indian Health Service Director. Not less than annually, the committee reports its activities and recommendations to the Assistant Secretary and relevant congressional committees, with the Assistant Secretary responding within 45 days.

This section expands in-home assistance under the Native Hawaiian Program (i.e., supportive services for older Native Hawaiians under Title VI of the Older Americans Act) to include home modifications necessary to facilitate the ability of older individuals to remain at home.

This section revises a duty of the Director of the Office for American Indian, Alaskan Native, and Native Hawaiian Aging (within the Administration on Aging) to develop and provide technical assistance and training programs to grantees under title VI of the Older Americans Act (i.e., grants for supportive and nutrition services to older Native Americans, Alaska Natives, and Native Hawaiians). Such programs (1) must ensure adequate organizational capacity to deliver title VI services and (2) may address topics including program management, data development and use, basic business skills, grant development, program and service innovations, and staff training and certification.

This section directs the Assistant Secretary for Aging to submit to specified congressional committees, and make publicly available, a report within 180 days of enactment that (1) evaluates the feasibility of modeling the Native American Caregiver Support Program under part C of title VI of the Older Americans Act of 1965 (OAA) (42 U.S.C. 3057k–11 et seq.)—which provides grants to tribal and Native Hawaiian organizations for caregiver training, respite care, and supplemental services—on the comprehensive assistance program for family caregivers of eligible veterans under 38 U.S.C. 1720G(a); (2) evaluates needs for in-home services, including accessible home modifications, for older Native Americans and the need to prioritize such modifications under the OAA; and (3) evaluates barriers for Indian tribes to access title VI OAA programs and coordination with title III OAA programs (i.e., general aging services), including assessments of population-based formulas and tribal service requirements, the number of unserved Indians, states awarding title III grants to tribes, and funding estimates for ineligible tribal organizations. The specified committees are the Senate Committee on Health, Education, Labor, and Pensions; House Committee on Education and Workforce; Senate Committee on Indian Affairs; and House Subcommittee on Indian and Insular Affairs of the Committee on Natural Resources. This section further directs the Secretary of Labor to submit a report to Congress within 180 days of enactment on how recipients of funding under title V of the OAA (42 U.S.C. 3056 et seq.)—the Community Service Employment for Older Americans program—are serving older Native Americans.