118 HR 3625 IH: Ruthie and Connie LGBTQI Elder Americans Act of 2023
U.S. House of Representatives
2023-05-24
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EN
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I
118th CONGRESS
1st Session
H. R. 3625
IN THE HOUSE OF REPRESENTATIVES
May 24, 2023
Ms. Bonamici (for herself, Ms. Balint, Mr. Frost, Ms. Barragán, 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. Cárdenas, Mr. Johnson of Georgia, Ms. Pingree, Ms. Garcia of Texas, Mr. Quigley, Ms. Sánchez, 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.
1.

Short title
This Act may be cited as the “Ruthie and Connie LGBTQI Elder Americans Act of 2023”.
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”.
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.”.
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”.
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.”.
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)”.