II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enhancing Native El5 ders’ Longevity, Dignity, Empowerment, and Respect 

6 Act’’ or the ‘‘Native ELDER Act’’. 


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1 SEC. 2. OLDER AMERICANS TRIBAL ADVISORY COMMITTEE. 

2 Section 201(c) of the Older Americans Act of 1965 

3 (42 U.S.C. 3011(c)) is amended by adding at the end the 

4 following: 

5 ‘‘(4)(A) In this paragraph: 

6 ‘‘(i) The term ‘Native Hawaiian’ has the mean7 ing given such term in section 625. 

8 ‘‘(ii) The term ‘relevant committees of Con9 gress’ means— 

10 ‘‘(I) the Committee on Health, Education, 

11 Labor, and Pensions of the Senate; 

12 ‘‘(II) the Committee on Education and the 

13 Workforce of the House of Representatives; 

14 ‘‘(III) the Committee on Indian Affairs of 

15 the Senate; and 

16 ‘‘(IV) the Subcommittee on Indian and In17 sular Affairs of the Committee on Natural Re18 sources of the House of Representatives. 

19 ‘‘(B)(i) From amounts appropriated pursuant to sec20 tion 216(a), the Assistant Secretary shall establish, within 

21 the Office for American Indian, Alaskan Native, and Na22 tive Hawaiian Programs, an advisory committee, to be 

23 known as the ‘Older Americans Tribal Advisory Com24 mittee’ (referred to in this paragraph as the ‘Committee’) 

25 to provide advice and guidance to the Assistant Secretary 

26 on matters relating to Native Americans under this Act. 


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1 ‘‘(ii) The Committee shall facilitate, but not supplant, 

2 government-to-government consultation between the Ad3 ministration and Indian tribes and confer with organiza4 tions representing Native Hawaiians. 

5 ‘‘(C)(i) The Committee shall be composed of 11 mem6 bers, of whom— 

7 ‘‘(I) 3 shall be appointed by the Assistant Sec8 retary; 

9 ‘‘(II) 1 shall be appointed by the chairperson of 

10 the Committee on Indian Affairs of the Senate; 

11 ‘‘(III) 1 shall be appointed by the ranking 

12 member of the Committee on Indian Affairs of the 

13 Senate; 

14 ‘‘(IV) 1 shall be appointed by the chairperson 

15 of the Committee on Health, Education, Labor, and 

16 Pensions of the Senate; 

17 ‘‘(V) 1 shall be appointed by the ranking mem18 ber of the Committee on Health, Education, Labor, 

19 and Pensions of the Senate; 

20 ‘‘(VI) 1 shall be appointed by the chairperson 

21 of the Committee on Education and the Workforce 

22 of the House of Representatives; 

23 ‘‘(VII) 1 shall be appointed by the ranking 

24 member of the Committee on Education and the 

25 Workforce of the House of Representatives; 


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1 ‘‘(VIII) 1 shall be appointed by the chairperson 

2 of the Subcommittee on Indian and Insular Affairs 

3 of the Committee on Natural Resources of the 

4 House of Representatives; and 

5 ‘‘(IX) 1 shall be appointed by the ranking mem6 ber of the Subcommittee on Indian and Insular Af7 fairs of the Committee on Natural Resources of the 

8 House of Representatives. 

9 ‘‘(ii) Nominations for members of the Committee 

10 shall be from any of the following: 

11 ‘‘(I) Indian tribes. 

12 ‘‘(II) Tribal organizations. 

13 ‘‘(III) Organizations representing Native Ha14 waiians. 

15 ‘‘(iii) To the maximum extent feasible, the Assistant 

16 Secretary shall work with the individuals making appoint17 ments under clause (i) to ensure— 

18 ‘‘(I) that the members of the Committee rep19 resent a diverse set of expertise on issues relating to 

20 geographic regions, Indian tribes, organizations rep21 resenting Native Hawaiians, and the health and 

22 well-being of Native Americans; 

23 ‘‘(II) that not less than one member is an Alas24 kan Native; and 


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1 ‘‘(III) that not less than one member is a Na2 tive Hawaiian. 

3 ‘‘(iv) No member of the Committee shall be an officer 

4 or employee of the Federal Government. 

5 ‘‘(v)(I) Each member of the Committee— 

6 ‘‘(aa) subject to subclause (II), shall be ap7 pointed to a 3-year term; and 

8 ‘‘(bb) may be reappointed to not more than 3 

9 consecutive terms. 

10 ‘‘(II) The first 3 appointments by the Assistant Sec11 retary under clause (i)(I) shall be for a 2-year term. 

12 ‘‘(III) Any vacancy in the Committee shall be filled 

13 in the same manner as the original appointment not more 

14 than 90 days after the date on which the position becomes 

15 vacant. 

16 ‘‘(D)(i) The Committee shall meet in person not less 

17 than twice each year. 

18 ‘‘(ii) Not fewer than 1 representative from the Office 

19 for American Indian, Alaskan Native, and Native Hawai20 ian Programs shall be present at each meeting of the Com21 mittee. 

22 ‘‘(iii) Any representatives from the Office for Amer23 ican Indian, Alaskan Native, and Native Hawaiian Pro24 grams shall be nonvoting representatives at meetings of 

25 the Committee. 


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1 ‘‘(E) The Committee shall— 

2 ‘‘(i) identify evolving issues of relevance to Na3 tive Americans relating to programs of the Adminis4 tration under this Act; 

5 ‘‘(ii) communicate to the Assistant Secretary 

6 the issues identified under clause (i); 

7 ‘‘(iii) submit to the Assistant Secretary rec8 ommendations for, and solutions to— 

9 ‘‘(I) the issues identified under clause (i); 

10 ‘‘(II) issues relating to this Act involving 

11 Native Americans raised at the Tribal, regional, 

12 or national level; and 

13 ‘‘(III) issues relating to any Tribal con14 sultation carried out by the Administration 

15 under this Act; 

16 ‘‘(iv) discuss issues and proposals for changes 

17 to the regulations, policies, and procedures of the 

18 Administration under this Act that impact Native 

19 Americans; 

20 ‘‘(v) identify priorities and provide advice on 

21 appropriate strategies for Tribal consultation on 

22 issues under this Act at the Tribal, regional, or na23 tional level regarding the Administration; 

24 ‘‘(vi) ensure that pertinent issues of the Admin25 istration under this Act are brought to the attention 


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1 of an Indian tribe and organization representing Na2 tive Hawaiians in a timely manner so that timely 

3 feedback from an Indian tribe and organization rep4 resenting Native Hawaiians can be obtained; 

5 ‘‘(vii) identify and propose solutions to any 

6 interdepartmental barrier between the Administra7 tion and other Federal agencies; and 

8 ‘‘(viii) coordinate with the Secretary of Labor, 

9 the Administrator of the Centers for Medicare & 

10 Medicaid Services, and the Director of the Indian 

11 Health Service on relevant issues. 

12 ‘‘(F)(i) Not less frequently than once each year, the 

13 Committee shall submit to the Assistant Secretary and the 

14 relevant committees of Congress a report that describes— 

15 ‘‘(I) the activities of the Committee during the 

16 previous year; and 

17 ‘‘(II) recommendations for legislative or admin18 istrative action for the following year. 

19 ‘‘(ii) Not more than 45 days after the date on which 

20 the Assistant Secretary receives a report under clause (i), 

21 the Assistant Secretary shall submit a written response 

22 to that report to— 

23 ‘‘(I) the Committee; and 

24 ‘‘(II) the relevant committees of Congress. 


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1 ‘‘(G) Members of the Committee shall be com2 pensated at a rate equal to the daily equivalent of the an3 nual rate of basic pay prescribed for level IV of the Execu4 tive Schedule under section 5315 of title 5, United States 

5 Code, for each day (including travel time) during which 

6 the member is engaged in the performance of the duties 

7 of the Committee. 

8 ‘‘(H) Chapter 10 of title 5, United States Code, shall 

9 not apply to the Committee.’’. 

10 SEC. 3. SUPPORTING SERVICES FOR HEALTHY AGING AND 

11 INDEPENDENCE. 

12 Section 636(b)(2) of the Older Americans Act of 

13 1965 (42 U.S.C. 3057k–21(b)(2)) is amended by striking 

14 ‘‘in-home assistance’’ and inserting ‘‘in-home assistance 

15 (including for the modification of homes that is necessary 

16 to facilitate the ability of older individuals to remain at 

17 home)’’. 

18 SEC. 4. FUNDING SET ASIDE. 

19 Section 644 of the Older Americans Act of 1965 (42 

20 U.S.C. 3057o) is amended— 

21 (1) by striking ‘‘not more than’’; and 

22 (2) in paragraphs (1) and (2), by striking 

23 ‘‘2019’’ and inserting ‘‘2024’’. 


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1 SEC. 5. TECHNICAL ASSISTANCE AND TRAINING PRO2 GRAMS. 

3 Section 201(c)(3)(H) of the Older Americans Act of 

4 1965 (42 U.S.C. 3011(c)(3)(H)) is amended to read as 

5 follows: 

6 ‘‘(H) develop and provide technical assistance 

7 and training programs to grantees under title VI, 

8 which technical assistance and training programs— 

9 ‘‘(i) shall ensure adequate organizational 

10 capacity to deliver the services under such title; 

11 and 

12 ‘‘(ii) may include topics such as program 

13 management, data development and use, basic 

14 business skills, grant development, program and 

15 service innovations, and staff training and cer16 tification;’’. 

17 SEC. 6. REPORTS. 

18 (a) ASSISTANT SECRETARY FOR AGING.— 

19 (1) IN GENERAL.—Not later than 180 days 

20 after the date of enactment of this Act, the Assist21 ant Secretary for Aging shall submit to the commit22 tees described in paragraph (2), and make publicly 

23 available, a report that— 

24 (A) evaluates the feasibility of modeling 

25 the Native American Caregiver Support Pro26 gram under part C of title VI of the Older 


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1 Americans Act of 1965 (42 U.S.C. 3057k–11 et 

2 seq.) on the program of comprehensive assist3 ance for family caregivers of eligible veterans 

4 under section 1720G(a) of title 38, United 

5 States Code; 

6 (B) evaluates the level of need for in-home 

7 services that include accessible home modifica8 tions for older individuals who are Native 

9 Americans, including the need for provisions 

10 under the Older Americans Act of 1965 to 

11 prioritize accessible home modifications as in12 home services for such older individuals; and 

13 (C) evaluates and identifies barriers to In14 dian tribes accessing programs under title VI of 

15 the Older Americans Act of 1965, and coordina16 tion between programs funded under title III of 

17 such Act and programs funded under title VI of 

18 such Act, including by— 

19 (i) assessing the impacts of popu20 lation-based formulas and tribal service 

21 population requirements on program par22 ticipation; 

23 (ii) identifying the number of Indians 

24 unserved by programs under such title VI; 


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1 (iii) identifying the States making 

2 grants to Indian tribes under title III of 

3 such Act; and 

4 (iv) providing estimates of funding 

5 necessary to support programs under title 

6 VI of such Act for all tribal organizations 

7 not eligible under such title as in effect on 

8 the date of enactment of this Act. 

9 (2) COMMITTEES OF CONGRESS.—The commit10 tees described in this paragraph are— 

11 (A) the Committee on Health, Education, 

12 Labor, and Pensions of the Senate; 

13 (B) the Committee on Education and the 

14 Workforce of the House of Representatives; 

15 (C) the Committee on Indian Affairs of the 

16 Senate; and 

17 (D) the Subcommittee on Indian and Insu18 lar Affairs of the Committee on Natural Re19 sources of the House of Representatives. 

20 (b) SECRETARY OF LABOR.—Not later than 180 days 

21 after the date of enactment of this Act, the Secretary of 

22 Labor shall submit a report to Congress on how recipients 

23 of funding under title V of the Older Americans Act of 


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1 1965 (42 U.S.C. 3056 et seq.) are serving older individ2 uals who are Native Americans with such funding. 

Æ 


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