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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3593 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3593

  To amend the Older Americans Act of 1965 to strengthen programming, 
   services, and outreach for diverse elders, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2012

  Mr. Bennet 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 strengthen programming, 
   services, and outreach for diverse elders, 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 ``Improving Services and Activities 
for Diverse Elders Act''.

SEC. 2. OBJECTIVES.

    Section 101(8) of the Older Americans Act of 1965 (42 U.S.C. 
3001(8)) is amended by inserting ``and supports, offered in a 
culturally and linguistically competent manner'' after ``community 
services.''.

SEC. 3. DEFINITIONS.

    (a) Cultural and Linguistic Competence.--Section 102 of the Older 
Americans Act of 1965 (42 U.S.C. 3002) is amended--
            (1) by redesignating paragraphs (13) through (54) as 
        paragraphs (14) through (55), respectively;
            (2) by inserting after paragraph (12) the following:
            ``(13) The term `cultural and linguistic competence' means 
        competence in a set of behaviors, attitudes, and policies that 
        is--
                    ``(A) used by an organization or among 
                professionals; and
                    ``(B) enables effective work in cross-cultural 
                situations.''; and
            (3) in paragraph (15)(C), as redesignated by paragraph (1) 
        of this subsection, by inserting ``, their family members,'' 
        before ``and their primary'';
            (4) in paragraph (29)(E), as redesignated by paragraph (1) 
        of this subsection, by inserting ``, in a culturally and 
        linguistically competent manner,'' before ``the entire 
        community of older individuals'';
            (5) in paragraph (39), as redesignated by paragraph (1) of 
        this subsection, by striking ``(as defined in paragraph 
        (18)(B))'' and inserting ``(as defined in paragraph (19)(B))''; 
        and
            (6) in paragraph (47)(D), as redesignated by paragraph (1) 
        of this subsection, by striking ``(as defined in paragraph 
        (18)(B))'' and inserting ``(as defined in paragraph (19)(B))''.
    (b) Conforming Amendment.--Section 373(c)(1)(B) of the Older 
Americans Act of 1965 (42 U.S.C. 3030s-1(c)(1)(B)) is amended by 
striking ``section 102(22)'' and inserting ``section 102(23)''.

SEC. 4. FUNCTIONS OF ASSISTANT SECRETARY.

    Section 202(a) of the Older Americans Act of 1965 (42 U.S.C. 
3012(a)) is amended by striking paragraph (15) and inserting the 
following:
            ``(15)(A) as needed, provide technical assistance, training 
        through training packages, and other forms of instruction to 
        entities consisting of State agencies, area agencies on aging, 
        service providers, and community-based organizations, to ensure 
        that the entities develop and implement, in a culturally and 
        linguistically competent manner, programming, services, and 
        outreach for older individuals with greatest economic need and 
        older individuals with greatest social need, with particular 
        attention to and specific objectives for providing services to 
        low-income minority individuals and older individuals residing 
        in rural areas; and
            ``(B) consult with national and community-based 
        organizations representing minority individuals to develop the 
        capacity of the Administration to provide such technical 
        assistance, training, and instruction.''.

SEC. 5. ORGANIZATION.

    Section 305(a)(2)(C) of the Older Americans Act of 1965 (42 U.S.C. 
3025(a)(2)(C)) is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii), by adding ``and'' at the end; and
            (3) by adding at the end the following:
                            ``(iii) the distribution among planning and 
                        service areas of service providers who 
                        specialize in serving populations of older 
                        individuals with greatest social need;''.

SEC. 6. AREA PLANS.

    Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 
3026(a)) is amended--
            (1) in paragraph (16), by striking ``and'' at the end;
            (2) in paragraph (17), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following:
            ``(18) provide assurances that programming, services, and 
        outreach will be developed and implemented in a culturally and 
        linguistically competent manner, for older individuals with 
        greatest social need;
            ``(19) provide assurances that staff training includes 
        instruction on cultural and linguistic competence in the 
        provision of services to older individuals with greatest social 
        need;
            ``(20) provide assurances that the services of providers 
        who are contractors will be provided in a culturally and 
        linguistically competent manner; and
            ``(21) provide assurances that, to the extent feasible, 
        services provided in response to elder abuse will be provided 
        in a culturally and linguistically competent manner.''.

SEC. 7. STATE PLANS.

    Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 
3027(a)) is amended--
            (1) by striking paragraph (15) and inserting the following:
            ``(15)(A) The plan shall provide assurances that 
        programming and services will be provided in a culturally and 
        linguistically competent manner to older individuals with 
        greatest social need, and that the State will require the area 
        agency on aging for each planning and service area in which a 
        significant number of older individuals are limited English 
        proficient--
                    ``(i) to utilize in the provision of such 
                programming and services, workers who are fluent in the 
                language spoken by a predominant number of such older 
                individuals who are limited English proficient; and
                    ``(ii) to designate an individual employed by the 
                area agency on aging, or available to such area agency 
                on aging on a full-time basis, whose responsibilities 
                will include--
                            ``(I) taking such action as may be 
                        appropriate to assure that programming, 
                        services, and outreach are developed and 
                        implemented in a culturally and linguistically 
                        competent manner for older individuals with 
                        greatest social need; and
                            ``(II) providing guidance to individuals 
                        engaged in the delivery of services under the 
                        area plan involved to enable such individuals 
                        to deliver the services in a culturally and 
                        linguistically competent manner.
            ``(B) The plan shall provide assurances that, if a 
        substantial number of the older individuals residing in any 
        planning and service area in the State are limited English 
        proficient, then the State will require the area agency on 
        aging for each such planning and service area to utilize, in 
        the delivery of outreach services under section 306(a)(2)(A) in 
        a culturally and linguistically competent manner, the services 
        of workers who are fluent in the language spoken by a 
        predominant number of such older individuals who are limited 
        English proficient.'';
            (2) by striking paragraph (20) and inserting the following:
            ``(20) The plan shall provide assurances that special 
        efforts will be made to provide technical assistance to 
        minority providers of services and to providers who specialize 
        in serving populations of older individuals with greatest 
        social need.''; and
            (3) in paragraph (28)(B)--
                    (A) by striking clause (i) and inserting the 
                following:
                    ``(i) the projected change in the number of older 
                individuals in the State, and the dispersal and growth 
                in the number of older individuals with greatest social 
                need in each planning and service area in the State;''; 
                and
                    (B) by striking clause (iii) and inserting the 
                following:
                    ``(iii) an analysis of how the programs, policies, 
                and services provided by the State can be improved, 
                including by coordinating with area agencies on aging 
                and by developing the cultural and linguistic 
                competence of persons providing programming and 
                services, and how resource levels can be adjusted to 
                meet the needs of the changing population of older 
                individuals in the State; and''.
                                 <all>
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