(1) in subsection (a)(2), by striking ‘‘or (i)’’ 
and inserting ‘‘(i), or (r)’’; 
(2) in the matter following clause (iii) in sub-
section (k)(3)(H), by striking ‘‘or (p)’’ and inserting 
‘‘(p), or (r)’’; 
(3) by redesignating subsection (r) as sub-
section (s); and 
(4) by inserting after subsection (q) the fol-
lowing: 
‘‘(r) LESBIAN, GAY, BISEXUAL, AND TRANSGENDER 
POPULATION.— 
‘‘(1) IN GENERAL.—The Secretary may award 
grants for the planning and delivery of services, in-
cluding innovative programs that provide outreach 
and comprehensive, culturally competent primary 
health services, to a medically underserved popu-
lation comprised of lesbian, gay, bisexual, and 
transgender individuals of all ages. 
‘‘(2) ELIGIBILITY.—In order to be eligible for 
the grant under paragraph (1), an applicant shall 
demonstrate to the Secretary that the applicant— 
‘‘(A) provides comprehensive, high-quality 
care for the lesbian, gay, bisexual, and 
transgender population; 
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‘‘(B) has specialized knowledge of the 
unique needs of this population; and 
‘‘(C) has culturally competent staff.’’. 
TITLE V—OLDER AMERICANS 
SUPPORT PROGRAM 
SEC. 501. PRIORITY. 
Section 373(c)(2) of the Older Americans Act of 
1965 (42 U.S.C. 3030s–1(c)(2)) is amended— 
(1) in subparagraph (A) by striking ‘‘and’’ at 
the end, 
(2) in subparagraph (B) by striking the period 
at the end and inserting ‘‘; and’’, and 
(3) by adding at the end the following: 
‘‘(C) individuals providing care to minority 
individuals, including sexual and gender minori-
ties.’’. 
TITLE VI—MISCELLANEOUS 
PROVISIONS 
SEC. 601. NONDISCRIMINATION CONTINGENCY FOR VAWA 
GRANT FUNDS; GRANT PROGRAM FOR LGBT 
VICTIMS OF VIOLENCE. 
(a) NONDISCRIMINATION CONTINGENCY FOR VAWA 
GRANT
FUNDS.—Section 40002(b) of the Violence 
Against Women Act of 1994 (42 U.S.C. 13925(b)) is 
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amended by adding at the end the following new para-
graph: 
‘‘(12) NONDISCRIMINATION CONTINGENCY.—An 
entity shall not be eligible to receive any Federal 
funds, including through a grant or contract, under 
this title unless the entity provides assurances to the 
satisfaction of the Attorney General through an ap-
plication or agreement for such funds, or both, that 
the entity does not discriminate on the basis of sex-
ual orientation or gender identity.’’. 
(b) GRANT PROGRAM FOR LGBT VICTIMS OF VIO-
LENCE.— 
(1) GRANTS AUTHORIZED.—The Attorney Gen-
eral may award grants to eligible entities described 
in paragraph (4)— 
(A) to provide services for LGBT victims 
of violence, as defined in paragraph (3); 
(B) to provide training, consultation, and 
information on domestic violence, dating vio-
lence, stalking, and sexual assault against indi-
viduals who are lesbian, gay, bisexual, or 
transgender, and to enhance direct services to 
such individuals; 
(C) for training programs to assist law en-
forcement officers, prosecutors, governmental 
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agencies, victim assistants, and relevant officers 
of Federal, State, tribal, territorial, and local 
courts in recognizing, addressing, investigating, 
and prosecuting instances of adult or minor do-
mestic violence, dating violence, sexual assault, 
stalking, elder abuse, and violence against les-
bian, gay, bisexual, and transgender individuals; 
and 
(D) for multidisciplinary collaborative com-
munity responses to such victims. 
(2) USE
OF
FUNDS.—Grants awarded under 
this subsection may be used— 
(A) to implement or expand programs or 
services to respond to the needs of LGBT vic-
tims of violence; 
(B) to provide personnel, training, tech-
nical assistance, advocacy, intervention, risk re-
duction, and prevention of domestic violence, 
dating violence, stalking, and sexual assault 
against lesbian, gay, bisexual, and transgender 
individuals; 
(C) to conduct outreach activities to ensure 
that LGBT victims of violence receive appro-
priate assistance; 
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(D) to conduct cross-training for victim 
service organizations, governmental agencies, 
and nonprofit, nongovernmental organizations 
serving individuals with disabilities; about risk 
reduction, intervention, prevention, and the na-
ture and dynamic of domestic violence, dating 
violence, stalking, and sexual assault for les-
bian, gay, bisexual, and transgender individuals; 
(E) to provide technical assistance to assist 
with modifications to existing policies, protocols, 
and procedures to ensure equal access to the 
services, programs, and activities of victim serv-
ice organizations for LGBT victims of violence; 
(F) to provide advocacy and intervention 
services for LGBT victims of violence; and 
(G) to develop model programs providing 
advocacy and intervention services within orga-
nizations serving LGBT victims of violence. 
(3) LGBT VICTIMS OF VIOLENCE DEFINED.— 
For purposes of this subsection, the term ‘‘LGBT 
victim of violence’’ means a lesbian, gay, bisexual, or 
transgender individual who is a victim of domestic 
violence, dating violence, sexual assault, other crimi-
nal assault, stalking, bias-motivated crime, or elder 
abuse. 
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(4) ELIGIBLE ENTITIES.— 
(A) IN GENERAL.—An entity shall be eligi-
ble to receive a grant under this subsection if 
the entity is— 
(i) a State; 
(ii) a unit of local government; 
(iii) a nonprofit, nongovernmental or-
ganization such as a victim services organi-
zation, an organization serving individuals 
with disabilities or a community-based or-
ganization; or 
(iv) a religious organization. 
(B) NONDISCRIMINATION.—An entity shall 
not be eligible to receive a grant under this sub-
section unless the entity provides assurances to 
the satisfaction of the Attorney General 
through an application under paragraph (4) or 
agreement for such grant, or both, that the en-
tity does not discriminate on the basis of sexual 
orientation or gender identity. 
(5) APPLICATION.—To be eligible for a grant 
under this subsection an entity shall submit to the 
Attorney General an application at such time, in 
such manner, and containing such information as 
the Attorney General may require. 
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(6) REPORTING.—Not later than 1 year after 
the last day of the first fiscal year commencing on 
or after the date of the enactment of this Act, and 
not later than 180 days after the last day of each 
fiscal year thereafter, the Attorney General shall 
submit to Congress a report evaluating the effective-
ness of programs administered and operated through 
grants awarded under this subsection. 
(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated $5,000,000 
for each of the fiscal years 2010 through 2014 to 
carry out this subsection. 
SEC. 602. NATIONAL BASELINE STUDY ON DOMESTIC VIO-
LENCE AND SEXUAL ASSAULT IN THE LGBT 
COMMUNITY. 
(a) STUDY.—The Attorney General of the United 
States, in consultation with the Deputy Assistant Sec-
retary for LGBT Health, shall provide for a national base-
line study to examine the scope of the problem of domestic 
violence and sexual assaults against lesbian, gay, bisexual, 
and transgender victims and the effectiveness of institu-
tional and legal policies in addressing such crimes and pro-
tecting such victims. 
(b) REPORT.—Not less than 1 year after the date of 
the enactment of this Act, the Attorney General shall pre-
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pare and transmit to the Committees on the Judiciary of 
the Senate and the House of Representatives a report 
based on the study required by subsection (a) including 
an analysis of— 
(1) the number of reported allegations and esti-
mated number of unreported allegations of domestic 
violence and sexual assault involving sexual and gen-
der minorities, and to whom the allegations are re-
ported (including sexual assault victim service enti-
ties, and local criminal authorities); 
(2) Federal and State laws or regulations per-
taining specifically to sexual assaults involving sex-
ual and gender minorities; and 
(3) any recommendations the Attorney General 
may have for reforms to address domestic violence 
and sexual assaults involving sexual and gender mi-
norities and protect victims more effectively, and any 
other matters that the Attorney General deems rel-
evant to the subject of the study and report required 
by this section. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$500,000 for fiscal year 2010. 
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SEC. 603. ASSISTANCE TO REDUCE TEEN PREGNANCY, HIV/ 
AIDS, AND OTHER SEXUALLY TRANSMITTED 
DISEASES AND TO SUPPORT HEALTHY ADO-
LESCENT DEVELOPMENT. 
(a) IN GENERAL.—The Secretary may award a grant 
to each eligible State to conduct programs of sex education 
described in subsection (b), including education on both 
abstinence and contraception for the prevention of teenage 
pregnancy and sexually transmitted diseases, including 
HIV/AIDS. 
(b) REQUIREMENTS
FOR SEX EDUCATION PRO-
GRAMS.—A program of sex education described in this 
subsection is a program that— 
(1) is age appropriate and medically accurate; 
(2) stresses the value of abstinence while not ig-
noring those young people who have been or are sex-
ually active; 
(3) provides information about the health bene-
fits and side effects of contraceptive and barrier 
methods used— 
(A) as a means to prevent pregnancy; and 
(B) to reduce the risk of contracting sexu-
ally transmitted disease, including HIV/AIDS; 
(4) encourages family communication between 
parent and child about sexuality; 
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(5) cultivates a respectful dialogue about sexu-
ality, including sexual orientation and gender iden-
tity, and embraces the principles of nondiscrimina-
tion based on sexual orientation and gender identity; 
(6) counters the perpetuation of narrow gender 
roles, including the sexualization of female children, 
adolescents, and adults; 
(7) teaches young people the skills to make re-
sponsible decisions about sexuality, including how to 
avoid unwanted verbal, physical, and sexual ad-
vances and how to avoid making verbal, physical, 
and sexual advances that are not wanted by the 
other party; 
(8) develops healthy relationships, including the 
prevention of dating and sexual violence; 
(9) teaches young people how alcohol and drug 
use can affect responsible decisionmaking; and 
(10) does not teach or promote religion. 
(c) ADDITIONAL ACTIVITIES.—In carrying out a pro-
gram of sex education, a State may expend grant funds 
awarded under subsection (a) to carry out educational and 
motivational activities that help young people— 
(1) gain knowledge about the physical, emo-
tional, biological, and hormonal changes of adoles-
cence and subsequent stages of human maturation; 
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(2) develop the knowledge and skills necessary 
to ensure and protect their sexual and reproductive 
health from unintended pregnancy and sexually 
transmitted disease, including HIV/AIDS, through-
out their lifespan; 
(3) gain knowledge about the specific involve-
ment and responsibility of each individual in sexual 
decisionmaking; 
(4) develop healthy attitudes and values about 
adolescent growth and development, body image, 
gender roles, racial and ethnic diversity, sexual ori-
entation and gender identity, and other subjects; 
(5) develop and practice healthy life skills in-
cluding goal-setting, decisionmaking, negotiation, 
communication, and stress management; and 
(6) promote self-esteem and positive inter-
personal skills focusing on relationship dynamics, in-
cluding friendships, dating, romantic involvement, 
marriage, and family interactions. 
(d) MATCHING FUNDS.—The Secretary may not 
make payments to a State under this section in an amount 
exceeding Federal medical assistance percentage for such 
State (as such term is defined in section 1905(b) of the 
Social Security Act (42 U.S.C. 1396d(b))) of the costs of 
the programs conducted by the State under this section. 
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(v) a list of best practices based upon 
essential programmatic components of 
evaluated programs that have led to suc-
cess described in clauses (i) through (iv). 
(B) GRANT CONDITION.—A condition for 
the receipt of a grant to a State under this sec-
tion is that the State cooperate with the evalua-
tion under subparagraph (A). 
(C) REPORT.—The Secretary shall submit 
to the Congress— 
(i) not later than the end of each fis-
cal year during the 5-year period beginning 
with fiscal year 2010, an interim report on 
the national evaluation under subpara-
graph (A); and 
(ii) not later than March 31, 2015, a 
final report providing the results of such 
national evaluation. 
(3) INDIVIDUAL STATE EVALUATIONS.—A con-
dition for the receipt of a grant under this section 
is that the State evaluate of the programs of sex 
education funded through such grant in accordance 
with the following requirements: 
(A) The evaluation will be conducted by an 
external, independent entity. 
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(B) The purposes of the evaluation will be 
the determination of— 
(i) the effectiveness of such programs 
in helping to delay the initiation of sexual 
intercourse and other high-risk behaviors; 
(ii) the effectiveness of such programs 
in preventing adolescent pregnancy; 
(iii) the effectiveness of such pro-
grams in preventing sexually transmitted 
disease, including HIV/AIDS; and 
(iv) the effectiveness of such programs 
in increasing contraceptive and barrier 
method knowledge and contraceptive be-
haviors when sexual intercourse occurs. 
(f) LIMITATIONS ON USE OF FUNDS.— 
(1) LIMITATIONS
ON
SECRETARY.—Of the 
amounts appropriated for a fiscal year for purposes 
of this section, the Secretary may not use more 
than— 
(A) 7 percent of such amounts for admin-
istrative expenses related to carrying out this 
section for that fiscal year; and 
(B) 10 percent of such amounts for the 
national evaluation under subsection (e)(2). 
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(2) LIMITATIONS TO STATES.—Of amounts pro-
vided to an eligible State under this subsection, the 
State may not use more than 10 percent of the 
grant to conduct any evaluation under subsection 
(e)(3). 
(g) 
NONDISCRIMINATION
REQUIRED.—Programs 
funded under this section shall not discriminate on the 
basis of sex, race, ethnicity, national origin, disability, reli-
gion, sexual orientation, or gender identity. Nothing in 
this section shall be construed to invalidate or limit rights, 
remedies, procedures, or legal standards available to vic-
tims of discrimination under any other Federal law or any 
law of a State or a political subdivision of a State, includ-
ing title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.), title IX of the Education Amendments of 
1972 (20 U.S.C. 1681 et seq.), section 504 of the Reha-
bilitation Act of 1973 (29 U.S.C. 794), and the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 
(h) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘age appropriate’’ means, with re-
spect to topics, messages, and teaching methods, 
those suitable to particular ages or age groups of 
children, adolescents, and adults, based on devel-
oping cognitive, emotional, and behavioral capacity 
typical for the age or age group. 
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(2) The term ‘‘eligible State’’ means a State 
that submits to the Secretary an application for a 
grant under this section that is in such form, is 
made in such manner, and contains such agree-
ments, assurances, and information as the Secretary 
determines to be necessary to carry out this section. 
(3) The term ‘‘HIV/AIDS’’ means the human 
immunodeficiency virus, and includes acquired im-
mune deficiency syndrome. 
(4) The term ‘‘medically accurate’’, with respect 
to information, means information that is supported 
by research, recognized as accurate and objective by 
leading medical, psychological, psychiatric, and pub-
lic health organizations and agencies, and, published 
in journals that are peer reviewed. 
(5) The term ‘‘State’’ means the 50 States, the 
District of Columbia, the Commonwealth of Puerto 
Rico, the Commonwealth of the Northern Mariana 
Islands, American Samoa, Guam, the Virgin Islands, 
and any other territory or possession of the United 
States. 
(i) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of carrying out this section, there is authorized 
to be appropriated $50,000,000 for each of the fiscal years 
2010 through 2014. 
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SEC. 604. MOTHER’S AND FATHER’S INSURANCE BENEFITS 
UNDER SOCIAL SECURITY FOR SAME-SEX 
SURVIVING PARENTS. 
(a) IN GENERAL.—Section 202(g)(1) of the Social 
Security Act (42 U.S.C. 402(g)(1)) is amended— 
(1) by striking ‘‘and every surviving divorced 
parent (as defined in section 216(d))’’ and inserting 
‘‘, every surviving divorced parent (as defined in sec-
tion 216(d)), and every surviving same-sex parent 
(as defined in section 216(m))’’; and 
(2) in the matter before subparagraph (A), by 
striking ‘‘or surviving divorced parent’’ and inserting 
‘‘, surviving divorced parent, or surviving same-sex 
parent’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 202(g)(1) of such Act is amended— 
(A) in subparagraph (F), by inserting ‘‘or 
surviving same-sex parent’’ after ‘‘surviving di-
vorced parent’’; and 
(B) in the matter following subparagraph 
(F)— 
(i) by striking ‘‘or surviving divorced 
parent’’ and inserting ‘‘, such surviving di-
vorced parent, or such surviving same-sex 
parent’’; 
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(ii) by inserting ‘‘or a surviving same- 
sex parent’’ after ‘‘in the case of a sur-
viving divorced parent’’; and 
(iii) by inserting ‘‘or such surviving 
same-sex parent’’ after ‘‘adopted child of 
such surviving divorced parent’’. 
(2) Section 202(g)(3) of such Act is amended 
by striking ‘‘or surviving divorced parent’’ each place 
it appears and inserting ‘‘, surviving divorced par-
ent, or surviving same-sex parent’’. 
(c) SURVIVING SAME-SEX PARENT.—Section 216 of 
the Social Security Act (42 U.S.C. 416) is amended by 
adding at the end the following new subsection: 
‘‘Surviving Same-sex Parent 
‘‘(m)(1) The term ‘surviving same-sex parent’ means, 
with respect to a deceased individual, an individual who 
is of the same sex as such deceased individual but only 
if— 
‘‘(A) he or she is the mother or father of the 
individual’s child; 
‘‘(B) such individual legally adopted the de-
ceased individual’s son or daughter before such son 
or daughter attained the age of 18; 
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‘‘(C) the deceased individual legally adopted the 
son or daughter of such individual before such son 
or daughter attained the age of 18; or 
‘‘(D) such individual and the deceased indi-
vidual both legally adopted a child under the age of 
18. 
‘‘(2) Determinations under this subsection and sec-
tion 202(g) shall be made without regard to section 7 of 
title 1, United States Code.’’. 
(d) SPECIAL MARRIAGE RULE FOR SURVIVING SAME- 
SEX PARENTS.—Section 202(g) of the Social Security Act 
(42 U.S.C. 402(g)) is amended by adding at the end the 
following new paragraph: 
‘‘(4) For purposes of this subsection, a surviving 
same-sex parent shall be considered to be married if such 
parent enters into a marriage or similar union under the 
laws of a State providing for such marriage or similar 
union.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to benefits for months 
beginning one month after the date of the enactment of 
this Act, based on applications filed on or after such date. 
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SEC. 605. PROHIBITION AGAINST DISCRIMINATION ON THE 
BASIS OF SEXUAL ORIENTATION OR GENDER 
IDENTITY UNDER THE HEALTH BENEFITS 
PROGRAM FOR FEDERAL EMPLOYEES. 
(a) IN GENERAL.—Section 8902(f) of title 5, United 
States Code, is amended by inserting ‘‘sexual orientation, 
gender identity,’’ after ‘‘sex,’’. 
(b) REGULATIONS.—Section 8913 of such title is 
amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) The regulations of the Office shall ensure that 
qualified carriers do not discriminate on the basis of sex, 
sexual orientation, gender identity, or any other basis 
which is prohibited by law.’’. 
SEC. 606. PROHIBITION AGAINST DISCRIMINATION ON THE 
BASIS OF SEX, GENDER IDENTITY, OR SEXUAL 
ORIENTATION UNDER CERTAIN LAWS PRO-
VIDING HEALTH CARE AND OTHER BENEFITS 
FOR MEMBERS OF THE ARMED FORCES AND 
VETERANS. 
(a) PROHIBITION AGAINST DISCRIMINATION IN AD-
MINISTRATION OF MEDICAL AND DENTAL CARE FOR CER-
TAIN MEMBERS OF THE ARMED FORCES.— 
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100 
(1) IN
GENERAL.—Chapter 55 of title 10, 
United States Code, is amended by inserting after 
section 1074l the following new section: 
‘‘§ 1074m. Prohibition against discrimination on the 
basis of sex, gender identity, or sexual 
orientation 
‘‘(a) IN GENERAL.—The Secretary of Defense may 
not discriminate against a former member of the uni-
formed services entitled to medical care under section 
1074 or 1074a of this title on the basis of sex, gender 
identity, or sexual orientation. 
‘‘(b) REGULATIONS.—The Secretary of Defense, in 
consultation with the other administering Secretaries, 
shall prescribe regulations to carry out this section.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 1074l 
the following new item: 
‘‘1074m. Prohibition against discrimination on the basis of sex, gender identity, 
or sexual orientation.’’. 
(b) PROHIBITION AGAINST DISCRIMINATION IN PER-
SONAL SERVICE CONTRACTS RELATED TO MEDICAL CARE 
FOR MEMBERS OF THE ARMED FORCES.—Paragraph (1) 
of section 1091(c) of title 10, United States Code, is 
amended— 
(1) in subparagraph (A), by striking ‘‘and’’; 
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101 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C) that an individual who enters into a per-
sonal services contract under subsection (a) shall not 
discriminate on the basis of sex, gender identity, or 
sexual orientation.’’. 
(c) PROHIBITION AGAINST DISCRIMINATION IN AD-
MINISTRATION OF VETERANS’ BENEFITS.— 
(1) IN GENERAL.—Subchapter II of chapter 5 
of title 38, United States Code, is amended by add-
ing at the end the following new section: 
‘‘§ 533. Prohibition against discrimination on the 
basis of sex, gender identity, or sexual 
orientation 
‘‘In carrying out this title, the Secretary of Veterans 
Affairs may not discriminate on the basis of sex, gender 
identity, or sexual orientation and shall ensure that no 
person is discriminated against on such basis in connec-
tion with the administration of this title or the payment 
of any benefit or claim or provision of any service under 
this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
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102 
by inserting after the item relating to section 532 
the following new item: 
‘‘533. Prohibition against discrimination on the basis of sex, gender identity, or 
sexual orientation.’’. 
(d) PROHIBITION AGAINST DISCRIMINATION IN PAY-
MENT OF VETERANS’ BENEFITS.— 
(1) IN
GENERAL.—Chapter 53 of title 38, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 5320. Prohibition against discrimination on the 
basis of sex, gender, identity, or sexual 
orientation in the provision and adminis-
tration of benefits 
‘‘The Secretary of Veterans Affairs shall ensure that 
no person is discriminated against on the basis of sex, gen-
der identity, or sexual orientation in the entitlement to, 
administration of, or payment of benefits under this 
title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 5319 
the following new item: 
‘‘5320. Prohibition against discrimination on the basis of sex, gender, identity, 
or sexual orientation in the provision and administration of 
benefits.’’. 
Æ 
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