Native ELDER Act

Bill Number

S. 870

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Native Americans

Status

Introduced

Latest Action

2025-03-05: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Last Updated

2026-06-13T11:03:28Z

AI-Generated Summary

Purpose

The Native ELDER Act (S. 870) aims to improve the longevity, dignity, empowerment, and respect for older Native Americans by amending the Older Americans Act of 1965. It focuses on strengthening support services, advisory mechanisms, funding, and training specifically for older individuals who are American Indians, Alaska Natives, and Native Hawaiians.

Key Provisions

• Establishment of the Older Americans Tribal Advisory Committee:
• Creates an 11-member advisory committee within the Administration for Community Living's Office for American Indian, Alaskan Native, and Native Hawaiian Programs.
• Members are appointed by the Assistant Secretary for Aging and congressional leaders from relevant committees, drawn from Indian tribes, tribal organizations, and Native Hawaiian groups.
• The committee provides advice on Native American issues under the Act, facilitates government-to-government consultations, identifies priorities, and coordinates with other federal agencies like the Department of Labor and Indian Health Service.
• Requires at least two in-person meetings per year, annual reports to Congress and the Assistant Secretary, and compensation for members at a federal executive pay level.
• Exempts the committee from certain federal advisory committee rules under the Federal Advisory Committee Act.

• Enhancements to Supporting Services:
• Expands in-home assistance under Title VI to explicitly include home modifications that help older Native Americans stay in their homes independently.

• Funding Adjustments:
• Modifies the set-aside for Native American programs by removing the "not more than" limit on appropriations and updating fiscal year references to 2025.

• Technical Assistance and Training:
• Strengthens programs for grantees under Title VI to build organizational capacity, covering areas like program management, data use, business skills, grant development, innovations, and staff training.

• Required Reports:
• The Assistant Secretary for Aging must submit a report within 180 days evaluating:
• Feasibility of modeling the Native American Caregiver Support Program on the VA's family caregiver program for veterans.
• Needs for in-home services, including home modifications, for older Native Americans.
• Barriers to accessing Title VI programs, unserved populations, coordination with Title III, and funding estimates for ineligible tribal organizations.
• The Secretary of Labor must report on how Title V community service employment funds serve older Native Americans.

Significant Changes to Existing Law

• Advisory Structure: Introduces a new permanent tribal advisory committee, which builds on but does not replace existing consultations, ensuring diverse representation (e.g., at least one Alaska Native and one Native Hawaiian member) and structured reporting.
• Service Expansions: Adds explicit support for home modifications in in-home services, which were previously implied but not specified.
• Funding Flexibility: Removes caps on appropriations for Native American programs and extends fiscal references, potentially allowing for increased and more stable funding.
• Training Focus: Broadens technical assistance to emphasize capacity-building topics, replacing a narrower prior description.
• Reporting Mandates: Adds new evaluation and reporting requirements to assess program gaps, needs, and barriers, promoting data-driven improvements.

Potential Impacts

• On Government Agencies: Increases administrative duties for the Administration for Community Living (e.g., committee management and reports), potentially improving coordination with agencies like the Indian Health Service and Centers for Medicare & Medicaid Services. May lead to more efficient use of funds under Titles III, V, and VI.
• On Citizens: Older Native Americans could gain better access to tailored services like home modifications and caregiver support, enhancing independence and health. Tribal organizations may receive more training and funding, reducing service gaps for unserved populations.
• On International Relations: No direct impact, as the bill focuses on domestic U.S. tribal and Native Hawaiian programs.

Main Stakeholders Affected

• Older Native Americans: Primary beneficiaries through expanded services, caregiver support, and home modifications.
• Indian Tribes and Tribal Organizations: Gain advisory input, technical assistance, and potential funding increases to deliver programs.
• Native Hawaiian Organizations: Included in consultations and representation on the advisory committee.
• Federal Agencies: Administration for Community Living, Department of Labor, and Indian Health Service face new reporting and coordination requirements.
• Congressional Committees: Involved in appointments and receiving reports, influencing oversight of aging and Native American policies.

Notable Legal, Constitutional, or Political Implications

• Constitutional Considerations: Reinforces government-to-government relations with tribes, aligning with the U.S. Constitution's Indian Commerce Clause and treaty obligations by mandating consultations without supplanting them.
• Legal Implications: The advisory committee's exemption from the Federal Advisory Committee Act streamlines operations but ensures transparency through required reports. Expansions to services and funding could invite future litigation if implementation disparities arise among tribes.
• Political Implications: Promotes bipartisan tribal input via congressional appointments, potentially fostering cross-party support for Native American aging programs. Highlights ongoing needs for equitable funding, which may influence future appropriations debates.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Murkowski, Lisa [R-AK]

Cosponsors (1)

Sen. Smith, Tina [D-MN]

Recent Actions

• 2025-03-05: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
• 2025-03-05: Introduced in Senate

Bill Versions

• Enhancing Native Elders' Longevity, Dignity, Empowerment, and Respect Act — issued 2025-03-05 — PDF (12 pages)