Elder Pride Act

I 116TH CONGRESS 1ST SESSION H. R. 2312 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 HOUSE OF REPRESENTATIVES APRIL 12, 2019 Ms. HAALAND (for herself, Ms. BONAMICI, Ms. MENG, Mr. LOWENTHAL, Ms. NORTON, Mr. PAPPAS, and Ms. WASSERMAN SCHULTZ) 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 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 ‘‘Elder Pride Act’’. 4 SEC. 2. DEFINITIONS. 5 Section 102 of the Older Americans Act of 1965 (42 6 U.S.C. 3002) is amended— 7 VerDate Sep 11 2014 21:20 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2312.IH H2312 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2312 IH (1) in paragraph (24)— 1 (A) in subparagraph (B) by striking ‘‘and’’ 2 at the end, 3 (B) in subparagraph (C)(ii) by striking the 4 period at the end and inserting ‘‘; and’’, and 5 (C) by adding at the end the following: 6 ‘‘(D) status as an LGBT individual and 7 HIV status’’.’’, 8 (2) by redesignating paragraphs (34) through 9 (54) as paragraphs (35) through (55), respectively, 10 and 11 (3) by inserting after paragraph (33) the fol- 12 lowing: 13 ‘‘(34) The term ‘LGBT’ means lesbian, gay, bi- 14 sexual, or transgender.’’. 15 SEC. 3. OFFICE OF INCLUSIVITY AND SEXUAL HEALTH. 16 Section 201 of the Older Americans Act of 1965 (42 17 U.S.C. 3011) is amended by adding at the end the fol- 18 lowing: 19 ‘‘(g)(1) There is established in the Administration an 20 Office of Inclusivity and Sexual Health (referred to in this 21 subsection as the ‘Office’). 22 ‘‘(2)(A) The Office shall be headed by a Director of 23 Inclusivity and Sexual Health (referred to in this sub- 24 VerDate Sep 11 2014 21:20 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2312.IH H2312 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2312 IH section as the ‘Director’) who shall be appointed by the 1 Secretary. 2 ‘‘(B) The Office shall include an Assistant Director 3 of LGBT Policy (referred to in this subsection as the ‘As- 4 sistant Director’) who shall be appointed by the Director 5 to assist the Director in carrying out this subsection, in- 6 cluding by carrying out the activities under paragraph (4). 7 ‘‘(3) The Director shall— 8 ‘‘(A) coordinate activities within the Depart- 9 ment of Health and Human Services, and between 10 other Federal departments and agencies, to assure a 11 continuum of improved services for LGBT older in- 12 dividuals and older individuals of a protected class; 13 ‘‘(B) promote a continuum of improved sexual 14 health services for older individuals, including by en- 15 suring access to services for LGBT older individuals 16 and older individuals of a protected class; 17 ‘‘(C) collect and disseminate information related 18 to the challenges experienced by older individuals of 19 a protected class and all older individuals trying to 20 seek sexual health services, including information on 21 the rise of sexually transmitted diseases among the 22 population of older individuals; and 23 ‘‘(D) administer and evaluate grants that will 24 help LGBT older individuals, older individuals of a 25 VerDate Sep 11 2014 21:20 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2312.IH H2312 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2312 IH protected class, and all older individuals seeking sex- 1 ual health services, including grants under section 2 423. 3 ‘‘(4) The Assistant Director shall— 4 ‘‘(A) serve as the effective and visible advocate 5 on behalf of LGBT older individuals— 6 ‘‘(i) within the Department of Health and 7 Human Services and with other departments 8 and agencies of the Federal Government re- 9 garding all Federal policies affecting such indi- 10 viduals; and 11 ‘‘(ii) in the States to promote the enhanced 12 delivery of services and implementation of pro- 13 grams, under this Act and other Federal Acts, 14 for the benefit of such individuals; 15 ‘‘(B) support, conduct, and arrange for re- 16 search in the field of LGBT aging with a special em- 17 phasis on gathering statistics on LGBT older indi- 18 viduals; 19 ‘‘(C) collect and disseminate information related 20 to challenges experienced by LGBT older individuals 21 with an emphasis on the challenges experienced by 22 LGBT older individuals residing in rural areas and 23 LGBT older individuals living with human immuno- 24 VerDate Sep 11 2014 21:20 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2312.IH H2312 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 2312 IH deficiency virus and acquired immune deficiency syn- 1 drome (HIV/AIDS); and 2 ‘‘(D) recommend policies and priorities bene- 3 ficial to LGBT older individuals and promote the 4 implementation and adoption of culturally competent 5 care and services for such individuals. 6 ‘‘(5) Not later than 5 years after the date of enact- 7 ment of this Act and every 5 years thereafter, the Director 8 shall submit to Congress a report describing the activities 9 carried out under this subsection during the preceding 5 10 years.’’. 11 SEC. 4. RURAL OUTREACH GRANT PROGRAM. 12 Part A of title IV of the Older Americans Act of 1965 13 (42 U.S.C. 3032 et seq.) is amended by adding at the end 14 the following: 15 ‘‘SEC. 423. RURAL OUTREACH GRANT PROGRAM. 16 ‘‘(a) DEFINITIONS.—In this section: 17 ‘‘(1) DIRECTOR.—The term ‘Director’ means 18 the Director of the Office of Inclusivity and Sexual 19 Health established under section 201(g). 20 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en- 21 tity’— 22 ‘‘(A) means an entity that submits an ap- 23 plication to the Director in accordance with 24 subsection (c), and is— 25 VerDate Sep 11 2014 21:20 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2312.IH H2312 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 2312 IH ‘‘(i) a State; 1 ‘‘(ii) an Indian tribe or tribal organi- 2 zation; or 3 ‘‘(iii) an agency, nonprofit organiza- 4 tion, or institution that— 5 ‘‘(I) focuses on serving the needs 6 of older individuals, LGBT individ- 7 uals, or individuals of a protected 8 class; or 9 ‘‘(II) focuses on providing sexual 10 health services to all older individuals; 11 and 12 ‘‘(B) may include an area agency on aging 13 for a rural area or a multipurpose senior cen- 14 ter. 15 ‘‘(3) RURAL AREA.—The term ‘rural area’ 16 means an area that is not designated by the United 17 States Census Bureau as an urbanized area or 18 urban cluster. 19 ‘‘(b) AUTHORITY FOR GRANTS.—The Director may 20 make grants to eligible entities to carry out activities de- 21 scribed in subsection (d) that are designed— 22 ‘‘(1) to create a cooperative and lasting part- 23 nership between LGBT older individuals, or older in- 24 VerDate Sep 11 2014 21:20 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2312.IH H2312 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 2312 IH dividuals of a protected class, residing in rural areas 1 and the eligible entity receiving the grant; 2 ‘‘(2) to meet the needs of the individuals de- 3 scribed in paragraph (1); and 4 ‘‘(3) to provide comprehensive sexual health 5 services to all older individuals residing in rural 6 areas. 7 ‘‘(c) APPLICATIONS.— 8 ‘‘(1) IN GENERAL.—An eligible entity seeking a 9 grant under this section shall submit an application 10 to the Director at such time, in such manner, and 11 containing such information as the Director may 12 reasonably require, including the contents described 13 in paragraph (2). 14 ‘‘(2) CONTENTS.—An application for a grant 15 under this section shall contain— 16 ‘‘(A) a description of the proposed activi- 17 ties to be supported by the grant; 18 ‘‘(B) a description of the size and charac- 19 teristics of the population in a rural area to be 20 served by such proposed activities; 21 ‘‘(C) a description of the public and private 22 resources expected to be made available in con- 23 nection with such activities; 24 VerDate Sep 11 2014 21:20 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2312.IH H2312 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 2312 IH ‘‘(D) a demonstrated intent to partner 1 with local organizations in rural areas in car- 2 rying out such activities; 3 ‘‘(E) evidence in a form acceptable to the 4 Director that such activities will meet urgent 5 needs that are not met by available public and 6 private sources; and 7 ‘‘(F) such other information or certifi- 8 cations that the Director determines necessary 9 to achieve the purposes described in paragraphs 10 (1) through (3) of subsection (b). 11 ‘‘(d) USE OF FUNDS.—An eligible entity may use 12 funds made available by a grant under this section to 13 carry out activities that include initiates that— 14 ‘‘(1) engage in education and training relating 15 to community outreach to LGBT older individuals, 16 or older individuals of a protected class, residing in 17 rural areas; 18 ‘‘(2) reduce isolation and improve access to care 19 for LGBT older individuals, or older individuals of 20 a protected class, residing in rural areas by building 21 relationships between such individuals and the local 22 community; 23 VerDate Sep 11 2014 21:20 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2312.IH H2312 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 2312 IH ‘‘(3) foster relationships between local service 1 providers and LGBT older individuals, or older indi- 2 viduals of a protected class, residing in rural areas; 3 ‘‘(4) improve cultural competency with respect 4 to LGBT individuals, and older individuals of a pro- 5 tected class, among organizations and personnel pro- 6 viding services to older individuals residing in rural 7 areas; 8 ‘‘(5) expand the use of non-discrimination poli- 9 cies that— 10 ‘‘(A) protect sexual orientation and gender 11 identity; and 12 ‘‘(B) create community spaces that are in- 13 clusive to LGBT older individuals and older in- 14 dividuals of a protected class; and 15 ‘‘(6) focus on providing sexual health services to 16 older individuals residing in rural areas. 17 ‘‘(e) STANDARDS AND GUIDELINES.—The Director 18 shall establish standards and guidelines for activities sup- 19 ported by a grant under this section. Such standards and 20 guidelines shall permit an eligible entity receiving such a 21 grant to refine or adapt the standards and guidelines for 22 an individual project, where such a refinement or adapta- 23 tion is made necessary by a local circumstance. 24 ‘‘(f) COORDINATION WITH LOCAL ENTITIES.— 25 VerDate Sep 11 2014 21:20 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2312.IH H2312 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 2312 IH ‘‘(1) COOPERATION.—An eligible entity receiv- 1 ing a grant under this section shall, in carrying out 2 activities supported by the grant, agree to cooperate 3 and coordinate with— 4 ‘‘(A) the agencies of the relevant State and 5 local governments responsible for providing 6 services to LGBT older individuals, or older in- 7 dividuals of a protected class, in the area served 8 by such activities; and 9 ‘‘(B) other public and private organizations 10 and agencies providing services to LGBT older 11 individuals, or older individuals of a protected 12 class, in such area. 13 ‘‘(2) PRIORITIZATION.—An eligible entity re- 14 ceiving a grant under this section shall prioritize co- 15 operating and coordinating with public and private 16 organizations and agencies that primarily serve pop- 17 ulations of older individuals with the greatest social 18 need. 19 ‘‘(g) REPORTS.—Not later than 2 years after the date 20 of enactment of the Elder Pride Act, and every 2 years 21 thereafter, the Director shall submit to Congress a report 22 describing the activities carried out under this section dur- 23 ing the preceding 2 years.’’. 24 Æ VerDate Sep 11 2014 21:20 Apr 23, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H2312.IH H2312 pamtmann on DSKBFK8HB2PROD with BILLS