[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7993 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7993
To amend the Older Americans Act of 1965 to provide equal treatment of
LGBTQ older individuals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 9, 2022
Ms. Bonamici (for herself, Mr. Deutch, Mr. Crist, Ms. Norton, Ms.
McCollum, Ms. Schakowsky, Ms. Lois Frankel of Florida, Mr. Tonko, Mr.
Quigley, Mr. Lowenthal, Ms. Pingree, Mr. Takano, Mr. Swalwell, Mrs.
Carolyn B. Maloney of New York, Mr. Blumenauer, Mr. Nadler, Mr. Carson,
Ms. Titus, Mr. Soto, Mr. O'Halleran, Mr. Johnson of Georgia, Mr.
Vargas, Mr. Cardenas, Ms. Wasserman Schultz, Mr. Cicilline, Miss Rice
of New York, Ms. Matsui, Mrs. Watson Coleman, Ms. Craig, and Mr. Welch)
introduced the following bill; which was referred to the Committee on
Education and Labor
_______________________________________________________________________
A BILL
To amend the Older Americans Act of 1965 to provide equal treatment of
LGBTQ 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 LGBTQ Elder
Americans Act of 2022''.
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 LGBTQ 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 `LGBTQ', used with respect to an
individual, means a lesbian, gay, bisexual, transgender. or
queer 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,or
queer 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 LGBTQ 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 LGBTQ older individuals.
``(i)(1) There is established in the Administration an Office of
LGBTQ Inclusion (referred to in this subsection as the `Office').
``(2)(A) The Office shall be headed by a Director of LGBTQ
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 LGBTQ
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 LGBTQ
older individuals;
``(B) promote access to aging services and supports for
LGBTQ older individuals;
``(C) collect and disseminate information related to the
challenges experienced by LGBTQ older individuals; and
``(D) administer and evaluate grants that will expand
access to aging services and supports for LGBTQ older
individuals.
``(4) The Assistant Director shall--
``(A) serve as the effective and visible advocate on behalf
of LGBTQ 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 LGBTQ aging with a special emphasis on gathering
statistics on LGBTQ older individuals;
``(C) collect and disseminate information related to
challenges experienced by LGBTQ older individuals; and
``(D) recommend policies and priorities beneficial to LGBTQ
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 LGBTQ 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 LGBTQ 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, and Transgender Aging (in this subsection
referred to as the `Center').
``(2) To address the unique challenges faced by LGBTQ older
individuals, the Center shall provide national, State, and local
organizations, including those with a primary mission of serving LGBTQ
individuals and those with a primary mission of serving older
individuals, with the information and technical assistance the
organizations need to effectively serve LGBTQ older individuals.
``(3) The Center shall have 3 primary objectives, consisting of--
``(A) educating aging services organizations about the
existence and special needs of LGBTQ older individuals;
``(B) sensitizing LGBTQ organizations about the existence
and special needs of older individuals; and
``(C) providing educational resources to LGBTQ 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 LGBTQ
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 LGBTQ Aging, existing on the day before the date of enactment
of the Ruthie and Connie LGBTQ Elder Americans Act of 2017, for fiscal
year 2018.
``(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 LGBTQ 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 LGBTQ older individuals on the
basis of actual or perceived sexual orientation or
gender identity 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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