II 112th CONGRESS 2d Session S. 3593 IN THE SENATE OF THE UNITED STATES September 20, 2012 Mr. Bennet 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 strengthen programming, services, and outreach for diverse elders, and for other purposes.

1.

Short title

This Act may be cited as the Improving Services and Activities for Diverse Elders Act.

2.

Objectives

Section 101(8) of the Older Americans Act of 1965 (42 U.S.C. 3001(8)) is amended by inserting and supports, offered in a culturally and linguistically competent manner after community services..

3.

Definitions

(a)

Cultural and Linguistic Competence

Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is amended— (1)by redesignating paragraphs (13) through (54) as paragraphs (14) through (55), respectively; (2)by inserting after paragraph (12) the following: (13)The term cultural and linguistic competence means competence in a set of behaviors, attitudes, and policies that is— (A)used by an organization or among professionals; and (B)enables effective work in cross-cultural situations. ; and (3)in paragraph (15)(C), as redesignated by paragraph (1) of this subsection, by inserting , their family members, before and their primary; (4)in paragraph (29)(E), as redesignated by paragraph (1) of this subsection, by inserting , in a culturally and linguistically competent manner, before the entire community of older individuals; (5)in paragraph (39), as redesignated by paragraph (1) of this subsection, by striking (as defined in paragraph (18)(B)) and inserting (as defined in paragraph (19)(B)); and (6)in paragraph (47)(D), as redesignated by paragraph (1) of this subsection, by striking (as defined in paragraph (18)(B)) and inserting (as defined in paragraph (19)(B)). (b)

Conforming amendment

Section 373(c)(1)(B) of the Older Americans Act of 1965 (42 U.S.C. 3030s–1(c)(1)(B)) is amended by striking section 102(22) and inserting section 102(23).

4.

Functions of Assistant Secretary

Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. 3012(a)) is amended by striking paragraph (15) and inserting the following: (15)(A)as needed, provide technical assistance, training through training packages, and other forms of instruction to entities consisting of State agencies, area agencies on aging, service providers, and community-based organizations, to ensure that the entities develop and implement, in a culturally and linguistically competent manner, programming, services, and outreach for older individuals with greatest economic need and older individuals with greatest social need, with particular attention to and specific objectives for providing services to low-income minority individuals and older individuals residing in rural areas; and (B)consult with national and community-based organizations representing minority individuals to develop the capacity of the Administration to provide such technical assistance, training, and instruction. .

5.

Organization

Section 305(a)(2)(C) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(2)(C)) is amended— (1)in clause (i), by striking and at the end; (2)in clause (ii), by adding and at the end; and (3)by adding at the end the following: (iii)the distribution among planning and service areas of service providers who specialize in serving populations of older individuals with greatest social need; .

6.

Area plans

Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended— (1)in paragraph (16), by striking and at the end; (2)in paragraph (17), by striking the period and inserting a semicolon; and (3)by adding at the end the following: (18)provide assurances that programming, services, and outreach will be developed and implemented in a culturally and linguistically competent manner, for older individuals with greatest social need; (19)provide assurances that staff training includes instruction on cultural and linguistic competence in the provision of services to older individuals with greatest social need; (20)provide assurances that the services of providers who are contractors will be provided in a culturally and linguistically competent manner; and (21)provide assurances that, to the extent feasible, services provided in response to elder abuse will be provided in a culturally and linguistically competent manner. .

7.

State plans

Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended— (1)by striking paragraph (15) and inserting the following: (15)(A)The plan shall provide assurances that programming and services will be provided in a culturally and linguistically competent manner to older individuals with greatest social need, and that the State will require the area agency on aging for each planning and service area in which a significant number of older individuals are limited English proficient— (i)to utilize in the provision of such programming and services, workers who are fluent in the language spoken by a predominant number of such older individuals who are limited English proficient; and (ii)to designate an individual employed by the area agency on aging, or available to such area agency on aging on a full-time basis, whose responsibilities will include— (I)taking such action as may be appropriate to assure that programming, services, and outreach are developed and implemented in a culturally and linguistically competent manner for older individuals with greatest social need; and (II)providing guidance to individuals engaged in the delivery of services under the area plan involved to enable such individuals to deliver the services in a culturally and linguistically competent manner. (B)The plan shall provide assurances that, if a substantial number of the older individuals residing in any planning and service area in the State are limited English proficient, then the State will require the area agency on aging for each such planning and service area to utilize, in the delivery of outreach services under section 306(a)(2)(A) in a culturally and linguistically competent manner, the services of workers who are fluent in the language spoken by a predominant number of such older individuals who are limited English proficient. ; (2)by striking paragraph (20) and inserting the following: (20)The plan shall provide assurances that special efforts will be made to provide technical assistance to minority providers of services and to providers who specialize in serving populations of older individuals with greatest social need. ; and (3)in paragraph (28)(B)— (A)by striking clause (i) and inserting the following: (i)the projected change in the number of older individuals in the State, and the dispersal and growth in the number of older individuals with greatest social need in each planning and service area in the State; ; and (B)by striking clause (iii) and inserting the following: (iii)an analysis of how the programs, policies, and services provided by the State can be improved, including by coordinating with area agencies on aging and by developing the cultural and linguistic competence of persons providing programming and services, and how resource levels can be adjusted to meet the needs of the changing population of older individuals in the State; and .