Inclusive Aging Act

II 116TH CONGRESS 1ST SESSION S. 1159 To amend the Older Americans Act of 1965 to establish the Office of Inclusivity and Sexual Health and a rural outreach grant program carried out by that Office, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 11, 2019 Mr. BENNET (for himself, Ms. MURKOWSKI, and Mr. CASEY) 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 Inclusivity and Sexual Health and a rural outreach grant program carried out by that Office, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Inclusive Aging Act’’. 4 SEC. 2. DEFINITIONS. 5 Section 102 of the Older Americans Act of 1965 (42 6 U.S.C. 3002) is amended— 7 (1) in paragraph (24)— 8 VerDate Sep 11 2014 20:37 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1159.IS S1159 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1159 IS (A) in subparagraph (B), by striking 1 ‘‘and’’ at the end; 2 (B) in subparagraph (C)(ii), by striking 3 the period at the end and inserting ‘‘; and’’; 4 and 5 (C) by adding at the end the following: 6 ‘‘(D) status as a LGBT individual.’’; 7 (2) by redesignating— 8 (A) paragraphs (44) through (54) as para- 9 graphs (46) through (56), respectively; and 10 (B) paragraphs (34) through (43) as para- 11 graphs (35) through (44), respectively; 12 (3) by inserting after paragraph (33) the fol- 13 lowing: 14 ‘‘(34) The term ‘LGBT’ means lesbian, gay, bi- 15 sexual, or transgender.’’; and 16 (4) by inserting after paragraph (44), as so re- 17 designated, the following: 18 ‘‘(45) The term ‘protected class’ means a class 19 described in any of subparagraphs (A) through (E) 20 of section 2302(b)(1) of title 5, United States 21 Code.’’. 22 VerDate Sep 11 2014 20:37 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1159.IS S1159 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1159 IS SEC. 3. OFFICE OF INCLUSIVITY AND SEXUAL HEALTH. 1 Section 201 of the Older Americans Act of 1965 (42 2 U.S.C. 3011) is amended by adding at the end the fol- 3 lowing: 4 ‘‘(g)(1) Not later than 1 year after the date of enact- 5 ment of the Inclusive Aging Act, the Assistant Secretary 6 shall establish an Office of Inclusivity and Sexual Health 7 (referred to in this subsection as the ‘Office’). 8 ‘‘(2)(A) The Office shall be headed by a Director of 9 Inclusivity and Sexual Health (referred to in this sub- 10 section as the ‘Director’) who shall be appointed by the 11 Assistant Secretary. 12 ‘‘(B) The Office shall include an Assistant Director 13 of LGBT Policy (referred to in this subsection as the ‘As- 14 sistant Director’) who shall be appointed by the Director 15 to assist the Director in carrying out this subsection, in- 16 cluding by carrying out the activities under paragraph (4). 17 ‘‘(3) The Director shall— 18 ‘‘(A) coordinate activities within the Depart- 19 ment of Health and Human Services, and between 20 other Federal departments and agencies, to assure a 21 continuum of improved services for LGBT older in- 22 dividuals and older individuals of a protected class; 23 ‘‘(B) promote a continuum of improved sexual 24 health services for older individuals, including by en- 25 VerDate Sep 11 2014 20:37 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1159.IS S1159 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1159 IS suring access to services for LGBT older individuals 1 and older individuals of a protected class; 2 ‘‘(C) collect and disseminate information related 3 to the challenges experienced by older individuals of 4 a protected class and all older individuals trying to 5 seek sexual health services, including information on 6 the rise of sexually transmitted diseases among the 7 population of older individuals; 8 ‘‘(D) administer and evaluate grants that will 9 help LGBT older individuals, older individuals of a 10 protected class, and all older individuals seeking sex- 11 ual health services, including grants under section 12 423; and 13 ‘‘(E) coordinate with the Administrator of the 14 Health Resources and Services Administration on 15 any sexual health recommendations for older individ- 16 uals. 17 ‘‘(4) The Assistant Director shall— 18 ‘‘(A) serve as the effective and visible advocate 19 on behalf of LGBT older individuals— 20 ‘‘(i) within the Department of Health and 21 Human Services and with other departments 22 and agencies of the Federal Government re- 23 garding all Federal policies affecting such indi- 24 viduals; and 25 VerDate Sep 11 2014 20:37 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1159.IS S1159 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1159 IS ‘‘(ii) in the States to promote the enhanced 1 delivery of services and implementation of pro- 2 grams, under this Act and other Federal Acts, 3 for the benefit of such individuals; 4 ‘‘(B) support, conduct, and arrange for re- 5 search in the field of LGBT aging with a special em- 6 phasis on gathering statistics on LGBT older indi- 7 viduals; 8 ‘‘(C) collect and disseminate information related 9 to challenges experienced by LGBT older individuals 10 with an emphasis on the challenges experienced by 11 LGBT older individuals residing in rural areas and 12 LGBT older individuals living with human immuno- 13 deficiency virus and acquired immune deficiency syn- 14 drome (HIV/AIDS); and 15 ‘‘(D) recommend policies and priorities bene- 16 ficial to LGBT older individuals and promote the 17 implementation and adoption of culturally competent 18 care and services for such individuals. 19 ‘‘(5) Not later than 3 years after the date of enact- 20 ment of the Inclusive Aging Act, and every 3 years there- 21 after, the Director shall submit to Congress a report de- 22 scribing the activities carried out under this subsection 23 during the preceding 3 years.’’. 24 VerDate Sep 11 2014 20:37 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1159.IS S1159 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1159 IS SEC. 4. ADMINISTRATION ON AGING. 1 (a) ESTABLISHMENT OF ADMINISTRATION.—Section 2 201(d)(3)(J) of the Older Americans Act of 1965 (42 3 U.S.C. 3011(d)(3)(J)) is amended by inserting before the 4 semicolon the following: ‘‘, including the effectiveness of 5 such services in meeting the needs of LGBT older individ- 6 uals’’. 7 (b) FUNCTIONS OF ASSISTANT SECRETARY.—Section 8 202 of the Older Americans Act of 1965 (42 U.S.C. 3012) 9 is amended— 10 (1) in subsection (a)— 11 (A) in paragraph (16)(A)(ii), by inserting 12 ‘‘, and separately specifying the number of such 13 individuals who are LGBT individuals’’ before 14 the semicolon; 15 (B) in paragraph (30), by striking ‘‘; and’’ 16 at the end and inserting a semicolon; 17 (C) in paragraph (31), by striking the pe- 18 riod at the end and inserting ‘‘; and’’; and 19 (D) by adding at the end the following: 20 ‘‘(32) conduct studies and collect data to deter- 21 mine the services that are needed by LGBT older in- 22 dividuals.’’; and 23 (2) by adding at the end the following: 24 ‘‘(h)(1) The Assistant Director of LGBT Policy ap- 25 pointed under section 201(g)(2)(B) (referred to in this 26 VerDate Sep 11 2014 20:37 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1159.IS S1159 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1159 IS subsection as the ‘Assistant Director’) shall, directly or by 1 grant or contract, establish and operate the National Re- 2 source Center on Lesbian, Gay, Bisexual, and 3 Transgender Aging (in this subsection referred to as the 4 ‘Center’). 5 ‘‘(2) To address the unique challenges faced by 6 LGBT older individuals, the Center shall provide national, 7 State, and local organizations, including those with a pri- 8 mary mission of serving LGBT individuals and those with 9 a primary mission of serving older individuals, with the 10 information and technical assistance the organizations 11 need to effectively serve LGBT older individuals. 12 ‘‘(3) The Center shall have 3 primary objectives, con- 13 sisting of— 14 ‘‘(A) educating aging services organizations 15 about the existence and special needs of LGBT older 16 individuals; 17 ‘‘(B) sensitizing LGBT organizations about the 18 existence and special needs of older individuals; and 19 ‘‘(C) providing educational resources to LGBT 20 older individuals and their caregivers. 21 ‘‘(4)(A) To be eligible to receive funds under this sub- 22 section, an entity— 23 VerDate Sep 11 2014 20:37 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1159.IS S1159 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1159 IS ‘‘(i) shall have demonstrated expertise in work- 1 ing with organizations or individuals on issues af- 2 fecting LGBT individuals; 3 ‘‘(ii) shall have documented experience in pro- 4 viding training and technical assistance on a na- 5 tional basis or a formal relationship with an organi- 6 zation that has that experience; and 7 ‘‘(iii) shall meet such other criteria as the As- 8 sistant Director shall issue. 9 ‘‘(B) To be eligible to receive funds under this sub- 10 section, an entity shall submit an application to the Assist- 11 ant Director at such time, in such manner, and containing 12 such information as the Assistant Director may reason- 13 ably require. 14 ‘‘(5) The Assistant Director shall make available to 15 the Center on an annual basis such resources as are nec- 16 essary for the Center to carry out effectively the functions 17 of the Center under this subsection and not less than the 18 amount of resources made available to the National Re- 19 source Center on Lesbian, Gay, Bisexual, and 20 Transgender Aging, existing on the day before the date 21 of enactment of the Inclusive Aging Act, for fiscal year 22 2019. 23 VerDate Sep 11 2014 20:37 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1159.IS S1159 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1159 IS ‘‘(6) The Assistant Director shall develop and issue 1 operating standards and reporting requirements for the 2 Center.’’. 3 (c) REPORTS.—Section 207 of the Older Americans 4 Act of 1965 (42 U.S.C. 3018) is amended— 5 (1) in subsection (a)(3), by inserting ‘‘LGBT 6 individuals,’’ after ‘‘low-income individuals,’’; 7 (2) in subsection (c)— 8 (A) in paragraph (1), by inserting ‘‘, in- 9 cluding the number of such individuals that are 10 LGBT individuals’’ before the semicolon; 11 (B) by redesignating paragraphs (4) and 12 (5) as paragraphs (5) and (6), respectively; and 13 (C) by inserting after paragraph (3) the 14 following: 15 ‘‘(4) the effectiveness of such activities in as- 16 sisting LGBT older individuals;’’; and 17 (3) by adding at the end the following: 18 ‘‘(d) The Assistant Secretary shall ensure that— 19 ‘‘(1) no individual will be required to provide in- 20 formation regarding the sexual orientation or gender 21 identity of the individual as a condition of partici- 22 pating in activities or receiving services under this 23 Act; and 24 VerDate Sep 11 2014 20:37 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1159.IS S1159 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1159 IS ‘‘(2) no agency or other entity providing activi- 1 ties or services under this Act that receives, for the 2 purposes of this Act, information regarding the sex- 3 ual orientation or gender identity of an individual 4 will disclose the information in any form that would 5 permit such individual to be identified. 6 ‘‘(e) The Assistant Secretary shall develop appro- 7 priate protocols, demonstrations, tools, or guidance for use 8 by State agencies and area agencies on aging, to ensure 9 successful implementation of data collection requirements 10 under this Act with respect to LGBT individuals. 11 ‘‘(f) The Assistant Secretary shall determine when 12 the data collection requirements described in subsection 13 (e) shall apply, taking into consideration the complexity 14 and importance of each requirement, but each requirement 15 shall apply not later than 1 year after the date of enact- 16 ment of the Inclusive Aging Act.’’. 17 SEC. 5. RURAL OUTREACH GRANT PROGRAM. 18 Part A of title IV of the Older Americans Act of 1965 19 (42 U.S.C. 3032 et seq.) is amended by adding at the end 20 the following: 21 ‘‘SEC. 423. RURAL OUTREACH GRANT PROGRAM. 22 ‘‘(a) DEFINITIONS.—In this section: 23 VerDate Sep 11 2014 20:37 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1159.IS S1159 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 1159 IS ‘‘(1) DIRECTOR.—The term ‘Director’ means 1 the Director of the Office of Inclusivity and Sexual 2 Health established under section 201(g). 3 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en- 4 tity’— 5 ‘‘(A) means an entity that submits an ap- 6 plication to the Director in accordance with 7 subsection (c), and is— 8 ‘‘(i) a State; 9 ‘‘(ii) an Indian tribe or tribal organi- 10 zation; or 11 ‘‘(iii) an agency, organization, or in- 12 stitution, which may be a nonprofit agency, 13 organization, or institution, that— 14 ‘‘(I) focuses on serving the needs 15 of older individuals, LGBT individ- 16 uals, or individuals of a protected 17 class; or 18 ‘‘(II) focuses on providing sexual 19 health services to all older individuals; 20 and 21 ‘‘(B) may include an area agency on aging 22 for a rural area or a multipurpose senior cen- 23 ter. 24 VerDate Sep 11 2014 20:37 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1159.IS S1159 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 1159 IS ‘‘(3) RURAL AREA.—The term ‘rural area’ 1 means an area that is not designated by the United 2 States Census Bureau as an urbanized area or 3 urban cluster. 4 ‘‘(b) AUTHORITY FOR GRANTS.—The Director may 5 make grants to eligible entities to carry out activities de- 6 scribed in subsection (d) that are designed— 7 ‘‘(1) to create a cooperative and lasting part- 8 nership between LGBT older individuals, or older in- 9 dividuals of a protected class, residing in rural areas 10 and the eligible entity receiving the grant; 11 ‘‘(2) to meet the needs of the individuals de- 12 scribed in paragraph (1); and 13 ‘‘(3) to provide comprehensive sexual health 14 services to all older individuals residing in rural 15 areas. 16 ‘‘(c) APPLICATIONS.— 17 ‘‘(1) IN GENERAL.—An eligible entity seeking a 18 grant under this section shall submit an application 19 to the Director at such time, in such manner, and 20 containing such information as the Director may 21 reasonably require, including the contents des [Text truncated for display. 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