118 S4613 IS: Elder Pride Act
U.S. Senate
2024-06-20
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EN
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II
118th CONGRESS
2d Session
S. 4613
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.
1.

Short title
This Act may be cited as the “Elder Pride Act”.
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”.
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.”.
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:
“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.”.