Tribal Elder Care Improvement Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 5323 To amend the Older Americans Act of 1965 to expand supportive services for Native American aging programs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 5, 2019 Mr. O’HALLERAN (for himself, Ms. DAVIDS of Kansas, Ms. HAALAND, and Mr. LUJA´N) introduced the following bill; which was referred to the Com- mittee on Education and Labor A BILL To amend the Older Americans Act of 1965 to expand sup- portive services for Native American aging programs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Tribal Elder Care Im- 4 provement Act of 2019’’. 5 SEC. 2. EXPANDING SUPPORTIVE SERVICES FOR NATIVE 6 AMERICAN AGING PROGRAMS. 7 Title VI of the Older Americans Act of 1965 (42 8 U.S.C. 3057 et seq.) is amended— 9 VerDate Sep 11 2014 03:45 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5323.IH H5323 2 •HR 5323 IH (1) by redesignating part D as part E, and 1 (2) by inserting after part C the following: 2 ‘‘PART D—SUPPORTIVE SERVICES FOR HEALTHY 3 AGING AND INDEPENDENCE 4 ‘‘SEC. 636. PROGRAM. 5 ‘‘(a) IN GENERAL.—The Assistant Secretary shall 6 carry out a competitive demonstration program for mak- 7 ing grants to tribal or Native Hawaiian organizations with 8 applications approved under parts A and B, to pay for 9 the Federal share of carrying out programs, to enable the 10 organizations to build their capacity to provide a wider 11 range of in-home and community supportive services to 12 enable older individuals to maintain their health and inde- 13 pendence and to avoid long-term care facility placement. 14 ‘‘(b) SUPPORTIVE SERVICES.— 15 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 16 supportive services described in subsection (a) may 17 include any of the activities listed under section 18 321(a). 19 ‘‘(2) PRIORITY.—The Assistant Secretary, in 20 awarding grants under this section, shall give pri- 21 ority to tribal organizations that will use the grant 22 funds for supportive services described in subsection 23 (a) that are for in-home assistance, transportation, 24 information and referral, case management, health 25 VerDate Sep 11 2014 03:45 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5323.IH H5323 3 •HR 5323 IH and wellness programs, legal services, family care- 1 giver support services, and other services that di- 2 rectly support the independence of the older individ- 3 uals served. 4 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec- 5 tion shall be construed or interpreted to prohibit the provi- 6 sion of supportive services under part A or B.’’. 7 SEC. 3. ENHANCING TRAINING CAPACITY TO SUPPORT NA- 8 TIVE AMERICAN AGING PROGRAMS. 9 Title II of the Older Americans Act of 1965 (42 10 U.S.C. 3011 et seq.) is amended— 11 (1) in section 201(c)(3)(H) by striking the 12 semicolon and inserting ‘‘to ensure adequate capac- 13 ity to deliver the services under such title, which 14 technical assistance and professional development 15 programs may include program management, data 16 development and use, basic business skills, grant de- 17 velopment, program and service innovations, and 18 staff training and certification;’’; and 19 (2) in section 216(b)— 20 (A) in paragraph (3) by striking ‘‘; and’’ 21 and inserting ‘‘;’’, 22 (B) in paragraph (4) by striking the period 23 and inserting ‘‘; and’’, and 24 (C) by adding at the end the following: 25 VerDate Sep 11 2014 03:45 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5323.IH H5323 4 •HR 5323 IH ‘‘(5) to carry out section 201(c)(3)(H) (relating 1 to training and technical assistance for programs 2 under title VI), $500,000 for fiscal year 2021.’’. 3 SEC. 4. EXPANDING SUPPORTIVE SERVICES FOR NATIVE 4 AMERICAN AGING PROGRAMS. 5 Section 643 of the Older Americans Act of 1965 (42 6 U.S.C. 3057n) is amended to read as follows: 7 ‘‘SEC. 643. AUTHORIZATION OF APPROPRIATIONS. 8 ‘‘There are authorized to be appropriated to carry out 9 this title— 10 ‘‘(1) for parts A and B, $38,524,324 for fiscal 11 year 2020, $40,835,783 for fiscal year 2021, 12 $43,285,930 for fiscal year 2022, $45,883,086 for 13 fiscal year 2023, and $48,636,071 for fiscal year 14 2024; and 15 ‘‘(2) for part C subject to section 644, 16 $10,785,575 for fiscal year 2020, $11,432,710 for 17 fiscal year 2021, $12,118,672 for fiscal year 2022, 18 $12,845,792 for fiscal year 2023, and $13,616,540 19 for fiscal year 2024.’’. 20 SEC. 5. FUNDING SET ASIDE. 21 Title VI of the Older Americans Act of 1965 (42 22 U.S.C. 3057–3057n) is amended by adding at the end the 23 following: 24 VerDate Sep 11 2014 03:45 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5323.IH H5323 5 •HR 5323 IH ‘‘SEC. 644. FUNDING SET ASIDE. 1 ‘‘Of the funds appropriated under section 643(1) for 2 a fiscal year, not more than 5 percent shall be made avail- 3 able to carry out part D for such fiscal year if for such 4 fiscal year— 5 ‘‘(1) the funds appropriated for parts A and B 6 are greater than the funds appropriated for such 7 parts for fiscal year 2019; and 8 ‘‘(2) the Assistant Secretary makes available 9 for parts A and B not less than the amount of re- 10 sources made available for fiscal year 2019.’’. 11 Æ VerDate Sep 11 2014 03:45 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H5323.IH H5323