[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4613 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4613
To amend the Older Americans Act of 1965 to establish the Office of
LGBTQI Inclusion and a rural outreach grant program, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 20, 2024
Mr. Markey (for himself, Mr. Casey, Mr. Wyden, Mr. Padilla, and Ms.
Baldwin) 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 establish the Office of
LGBTQI Inclusion and a rural outreach grant program, and for other
purposes.
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 ``Elder Pride Act''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002) is amended--
(1) in paragraph (24)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C)(ii), by striking the period
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) status as an LGBTQI individual; and
``(E) status as an individual with HIV.'';
(2) by redesignating paragraphs (26) through (33),
paragraphs (34) and (35), and paragraphs (36) through (56) as
paragraphs (27) through (34), paragraphs (36) and (37), and
paragraphs (39) through (59), respectively;
(3) by inserting after paragraph (25) the following:
``(26) The term `HIV' means human immunodeficiency
virus.'';
(4) by inserting after paragraph (34) (as so redesignated)
the following:
``(35) The term `LGBTQI' means lesbian, gay, bisexual,
transgender, queer, or intersex.'';
(5) by inserting after paragraph (37) (as so redesignated)
the following:
``(38) The term `minority', with respect to an individual,
includes a lesbian, gay, bisexual, transgender, queer, or
intersex individual.''.
(b) Conforming Amendment.--Section 215(e)(1)(J) of the Older
Americans Act of 1965 (42 U.S.C. 3020e-1(e)(1)(J)) is amended by
striking ``minorities'' and inserting ``minority individuals''.
SEC. 3. ADMINISTRATION ON AGING.
(a) Establishment of Administration; Office of LGBTQI Inclusion.--
Section 201 of the Older Americans Act of 1965 (42 U.S.C. 3011) is
amended--
(1) in subsection (d)(3)(J), by inserting before the
semicolon the following: ``, including the effectiveness of
such services in meeting the needs of LGBTQI older
individuals''; and
(2) by adding at the end the following:
``(h)(1) There is established in the Administration an Office of
LGBTQI Inclusion (referred to in this subsection as the `Office').
``(2)(A) The Office shall be headed by a Director of LGBTQI
Inclusion (referred to in this subsection as the `Director'), who shall
be appointed by the Secretary.
``(B) The Office shall include an Assistant Director of LGBTQI
Policy (referred to in this subsection as the `Assistant Director') who
shall be appointed by the Director to assist the Director in carrying
out this subsection, including by carrying out the activities under
paragraph (4).
``(3) The Director shall--
``(A) coordinate activities within the Department of Health
and Human Services, and between other Federal departments and
agencies, to assure a continuum of improved services for LGBTQI
older individuals;
``(B) promote access to aging services and supports for
LGBTQI older individuals;
``(C) collect and disseminate information related to the
challenges experienced by LGBTQI older individuals; and
``(D) administer and evaluate grants that will expand
access to aging services and supports for LGBTQI older
individuals.
``(4) The Assistant Director shall--
``(A) serve as the effective and visible advocate on behalf
of LGBTQI older individuals--
``(i) within the Department of Health and Human
Services and with other departments and agencies of the
Federal Government regarding all Federal policies
affecting such individuals; and
``(ii) in the States to promote the enhanced
delivery of services and implementation of programs,
under this Act and other Federal Acts, for the benefit
of such individuals;
``(B) support, conduct, and arrange for research in the
field of LGBTQI aging with a special emphasis on gathering
statistics on LGBTQI older individuals;
``(C) collect and disseminate information related to
challenges experienced by LGBTQI older individuals; and
``(D) recommend policies and priorities beneficial to
LGBTQI older individuals and promote the implementation and
adoption of culturally competent care and services for such
individuals.
``(5) Not later than 5 years after the date of enactment of the
Elder Pride Act, and every 5 years thereafter, the Director shall
submit to Congress a report describing the activities carried out under
this subsection during the preceding 5 years.''.
SEC. 4. RURAL OUTREACH GRANT PROGRAM.
Part A of title IV of the Older Americans Act of 1965 (42 U.S.C.
3032 et seq.) is amended by adding at the end the following:
``SEC. 423. RURAL OUTREACH GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) an Indian tribe or tribal organization; or
``(C) an agency, nonprofit organization, or
institution (including an area agency on aging, or a
multipurpose senior center, in a rural area) that--
``(i) focuses on serving the needs of older
individuals, LGBTQI individuals, LGBTQI older
individuals, or individuals of another
protected class; or
``(ii) focuses on providing sexual health
services to all older individuals, including
services for older individuals with HIV.
``(2) Protected class.--The term `protected class' means a
group of individuals sharing a common characteristic or
identity who are legally protected against discrimination.
``(3) Rural area.--The term `rural area' means an area that
is not designated by the United States Census Bureau as an
urbanized area or urban cluster.
``(b) Authority for Grants.--The Assistant Secretary, acting
through the Director of LGBTQI Inclusion, may make grants to eligible
entities to carry out activities described in subsection (d) that are
designed--
``(1) to create a cooperative and lasting partnership
between--
``(A) LGBTQI older individuals, or older
individuals of a protected class, residing in rural
areas; and
``(B) the eligible entity receiving the grant;
``(2) to meet the needs of the individuals described in
paragraph (1)(A); and
``(3) to provide comprehensive sexual health services to
all older individuals residing in the rural areas served by the
grant.
``(c) Applications.--
``(1) In general.--An eligible entity seeking a grant under
this section shall submit an application to the Assistant
Secretary at such time, in such manner, and containing such
information as the Assistant Secretary may reasonably require,
including the contents described in paragraph (2).
``(2) Contents.--An application for a grant under this
section shall contain--
``(A) a description of the proposed activities to
be supported by the grant;
``(B) a description of the size and characteristics
of the population in the rural area to be served by
such proposed activities;
``(C) a description of the public and private
resources expected to be made available in connection
with such activities;
``(D) a demonstrated intent to partner with local
organizations in rural areas in carrying out such
activities;
``(E) evidence in a form acceptable to the
Assistant Secretary that such activities will meet
urgent needs that are not met by available public and
private sources; and
``(F) such other information or certifications that
the Assistant Secretary determines necessary to achieve
the purposes described in paragraphs (1) through (3) of
subsection (b).
``(d) Use of Funds.--An eligible entity may use funds made
available by a grant under this section to carry out activities that
include initiatives that--
``(1) engage in education and training relating to
community outreach to LGBTQI older individuals, or older
individuals of a protected class, residing in rural areas;
``(2) reduce isolation and improve access to care for
LGBTQI older individuals, or older individuals of a protected
class, residing in rural areas by building relationships
between such individuals and the local community;
``(3) foster relationships between local service providers
and LGBTQI older individuals, or older individuals of a
protected class, residing in rural areas;
``(4) improve cultural competency with respect to LGBTQI
individuals, and older individuals of a protected class, among
organizations and personnel providing services to older
individuals residing in rural areas;
``(5) expand the use of nondiscrimination policies that--
``(A) prohibit discrimination on the basis of
sexual orientation, gender identity, or sex
characteristics (including intersex traits); and
``(B) create community spaces that are inclusive to
LGBTQI older individuals and older individuals of a
protected class; and
``(6) focus on providing sexual health services to older
individuals residing in rural areas, including services for
older individuals with HIV.
``(e) Supplement Not Supplant.--As a condition of receiving funds
under this section, an eligible entity shall agree to use such funds
only to supplement the level of State or local funds that would, in the
absence of the receipt of funds under this section, be made available
for related LGBTQI services.
``(f) Standards and Guidelines.--The Assistant Secretary shall
establish standards and guidelines for activities supported by grants
under this section. Such standards and guidelines shall permit an
eligible entity receiving such grant to refine or adapt the standards
and guidelines for an individual project if the refinement or
adaptation is made necessary by a local circumstance.
``(g) Coordination With Local Entities.--
``(1) Cooperation.--An eligible entity that receives a
grant under this section shall, in carrying out activities
supported by the grant, agree to cooperate and coordinate
with--
``(A) the agencies of the relevant State and local
governments responsible for providing services to
LGBTQI older individuals, or older individuals of a
protected class, in the area served by such activities;
and
``(B) other public and private organizations and
agencies providing services to LGBTQI older
individuals, or older individuals of a protected class,
in such area.
``(2) Prioritization.--An eligible entity receiving a grant
under this section shall prioritize cooperating and
coordinating with public and private organizations and agencies
that primarily serve populations of older individuals with the
greatest social need.
``(h) Reports.--Not later than 1 year after the date of enactment
of the Elder Pride Act, and annually thereafter, the Assistant
Secretary shall submit to Congress and make available to the public a
report that describes the activities carried out under this section
during the preceding 2-year period.
``(i) Authorization of Appropriations.--There is to be authorized
to be appropriated to carry out this section $5,000,000 for each of
fiscal years 2025 through 2029.''.
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