[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3625 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3625

To amend the Older Americans Act of 1965 to provide equal treatment of 
           LGBTQI older individuals, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2023

  Ms. Bonamici (for herself, Ms. Balint, Mr. Frost, Ms. Barragan, Ms. 
 Tokuda, Ms. Davids of Kansas, Ms. Scanlon, Mr. Pocan, Ms. Norton, Ms. 
Williams of Georgia, Mr. Lynch, Ms. Titus, Mr. Panetta, Mr. Blumenauer, 
 Ms. Schakowsky, Ms. Jacobs, Ms. Tlaib, Mr. DeSaulnier, Ms. Meng, Mr. 
 Moskowitz, Mrs. Watson Coleman, Mr. Cardenas, Mr. Johnson of Georgia, 
    Ms. Pingree, Ms. Garcia of Texas, Mr. Quigley, Ms. Sanchez, Mr. 
Swalwell, Ms. McCollum, Ms. Bush, Ms. Lee of California, Mr. Higgins of 
  New York, Mrs. Hayes, Mr. Casten, Ms. Lois Frankel of Florida, Mr. 
    Bowman, Ms. Lee of Pennsylvania, and Mr. Carson) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Older Americans Act of 1965 to provide equal treatment of 
           LGBTQI older individuals, 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 ``Ruthie and Connie LGBTQI Elder 
Americans Act of 2023''.

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 ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) status as an LGBTQI individual and status as 
                an HIV individual.'';
            (2) by redesignating--
                    (A) paragraphs (36) through (56) as paragraphs (38) 
                through (59), respectively; and
                    (B) paragraphs (34) and (35) as paragraphs (36) and 
                (37), respectively;
            (3) by inserting after paragraph (33) the following:
            ``(34) The term `HIV', used with respect to an individual, 
        means living with human immunodeficiency virus;
            ``(35) The term `LGBTQI', used with respect to an 
        individual, means a lesbian, gay, bisexual, transgender, queer, 
        or intersex individual.''; and
            (4) by inserting after paragraph (37), as so redesignated, 
        the following:
            ``(38) The term `minority', used 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 the LBGTQ 
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) The Assistant Secretary is authorized to designate within the 
Administration a person to have responsibility for addressing issues 
affecting LGBTQI older individuals.
    ``(i)(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 this 
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.''.
    (b) Functions of Assistant Secretary.--Section 202 of the Older 
Americans Act of 1965 (42 U.S.C. 3012) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (16)(A)(ii), by inserting ``, and 
                separately specifying the number of such individuals 
                who are LGBTQI individuals'' before the semicolon;
                    (B) in paragraph (33), by striking ``; and'' and 
                inserting a semicolon;
                    (C) in paragraph (34), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(35) conduct studies and collect data to determine the 
        services that are needed by LGBTQI older individuals.''; and
            (2) by adding at the end the following:
    ``(j)(1) The Assistant Secretary shall, directly or by grant or 
contract, establish and operate the National Resource Center on 
Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Aging (in this 
subsection referred to as the `Center').
    ``(2) To address the unique challenges faced by LGBTQI older 
individuals, the Center shall provide national, State, and local 
organizations, including those with a primary mission of serving LGBTQI 
individuals and those with a primary mission of serving older 
individuals, with the information and technical assistance the 
organizations need to effectively serve LGBTQI older individuals.
    ``(3) The Center shall have 3 primary objectives, consisting of--
            ``(A) educating aging services organizations about the 
        existence and special needs of LGBTQI older individuals;
            ``(B) sensitizing LGBTQI organizations about the existence 
        and special needs of older individuals; and
            ``(C) providing educational resources to LGBTQI older 
        individuals and their caregivers.
    ``(4)(A) To be eligible to receive funds under this subsection, an 
entity--
            ``(i) shall have demonstrated expertise in working with 
        organizations or individuals on issues affecting LGBTQI 
        individuals;
            ``(ii) shall have documented experience in providing 
        training and technical assistance on a national basis or a 
        formal relationship with an organization that has that 
        experience; and
            ``(iii) shall meet such other criteria as the Assistant 
        Secretary shall issue.
    ``(B) To be eligible to receive funds under this subsection, an 
entity shall submit an application to the Assistant Secretary at such 
time, in such manner, and containing such information as the Assistant 
Secretary may require.
    ``(5) The Assistant Secretary shall make available to the Center on 
an annual basis such resources as are necessary for the Center to carry 
out effectively the functions of the Center under this Act and not less 
than the amount of resources made available to the National Resource 
Center on LGBTQI Aging, existing on the day before the date of 
enactment of the Ruthie and Connie LGBTQI Elder Americans Act of 2023, 
for fiscal year 2024.
    ``(6) The Assistant Secretary shall develop and issue operating 
standards and reporting requirements for the Center.''.

SEC. 4. GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING.

    Section 301(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 
3021(a)(2)) is amended--
            (1) in subparagraph (E), by striking ``; and'' and 
        inserting a semicolon;
            (2) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) organizations that serve LGBTQI individuals; 
                and''.

SEC. 5. ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY.

    Section 411(a)(11) of the Older Americans Act of 1965 (42 U.S.C. 
3032(a)(11)) is amended to read as follows:
            ``(11) conducting activities of national significance to 
        promote quality and continuous improvement in the support and 
        services provided to individuals with greatest social need, 
        through activities that include needs assessment, program 
        development and evaluation, training, technical assistance, and 
        research, concerning--
                    ``(A) addressing physical and mental health, 
                disabilities, and health disparities;
                    ``(B) providing long-term care, including in-home 
                and community-based care;
                    ``(C) providing informal care, and formal care in a 
                facility setting;
                    ``(D) providing access to culturally responsive 
                health and human services; and
                    ``(E) addressing other gaps in assistance and 
                issues that the Assistant Secretary determines are of 
                particular importance to older individuals with 
                greatest social need.''.

SEC. 6. DATA ON DISCRIMINATION.

    Section 712 of the Older Americans Act of 1965 (42 U.S.C. 3058g) is 
amended--
            (1) in subsection (a)(3)--
                    (A) by redesignating subparagraphs (F) through (J) 
                as subparagraphs (G) through (K); and
                    (B) by inserting after subparagraph (E) the 
                following:
                    ``(F) collect and analyze data, relating to 
                discrimination against LGBTQI older individuals on the 
                basis of actual or perceived sexual orientation, gender 
                identity, or sex characteristics (including intersex 
                traits) in the admission to, transfer or discharge 
                from, or lack of adequate care provided in long-term 
                care settings, and shall include the analyses in the 
                reports described in subsection (h)(1);''; and
            (2) in subsection (h)(6), in the matter preceding 
        subparagraph (A), by striking ``(A) through (G)'' and inserting 
        ``(A) through (H)''.
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