[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 999 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 999

  To amend the Older Americans Act of 1965 to provide social service 
  agencies with the resources to provide services to meet the urgent 
  needs of Holocaust survivors to age in place with dignity, comfort, 
                     security, and quality of life.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2013

   Mr. Cardin (for himself, Mr. Kirk, Ms. Mikulski, and Mr. Nelson) 
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 provide social service 
  agencies with the resources to provide services to meet the urgent 
  needs of Holocaust survivors to age in place with dignity, comfort, 
                     security, and quality of life.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Responding to 
Urgent needs of Survivors of the Holocaust Act'' or the ``RUSH Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Findings.
        TITLE I--RESPONDING TO THE NEEDS OF HOLOCAUST SURVIVORS

           Subtitle A--Definition, Grants, and Other Programs

Sec. 101. Definition.
Sec. 102. Organization.
Sec. 103. Area plans.
Sec. 104. State plans.
Sec. 105. Consumer contributions.
Sec. 106. Program authorized.
Sec. 107. Prevention of elder abuse, neglect, and exploitation.
  Subtitle B--Functions Within Administration for Community Living To 
                       Assist Holocaust Survivors

Sec. 111. Designation of individual within the administration.
Sec. 112. Annual report to congress.
         TITLE II--NUTRITION SERVICES FOR ALL OLDER INDIVIDUALS

Sec. 201. Nutrition services.
                       TITLE III--TRANSPORTATION

Sec. 301. Transportation services and resources.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to include ``older individuals who are Holocaust 
        survivors'' in the list of groups that receive preference for 
        services as defined in section 305(a)(2)(E) of the Older 
        Americans Act of 1965 (42 U.S.C. 3025(a)(2)(E));
            (2) to designate within the Administration on Aging an 
        individual to have responsibility for older individuals who are 
        Holocaust survivors;
            (3) to ensure that the providers of nutrition services 
        through the Older Americans Act of 1965 (42 U.S.C. 3001 et 
        seq.) can meet the special health-related or other dietary 
        needs of program participants; and
            (4) to help meet the urgent transportation needs of 
        Holocaust survivors.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) During the Holocaust, which took place between 1933 and 
        1945, an estimated 6,000,000 Jews, as well as millions from 
        other targeted groups, were murdered by the Nazis and their 
        collaborators.
            (2) The United States Holocaust Memorial Museum 
        Encyclopedia estimates that more than 200,000 Jews found refuge 
        in the United States from 1933 to 1945, and estimates that 
        approximately 137,000 Jewish refugees had settled in the United 
        States from 1945 to 1952.
            (3) Jewish refugees continued to immigrate to the United 
        States from Europe and countries of the former Soviet Union 
        during the subsequent decades.
            (4) According to the Conference on Jewish Material Claims 
        Against Germany's 2011 Worldbook: A Guide to Claims Conference 
        Programs Worldwide, the ``Estimated Nazi Victim Population'' in 
        the United States is 120,935, down from an estimated 127,300 in 
        2010.
            (5) According to the Conference on Jewish Material Claims 
        Against Germany's 2011 Worldbook: A Guide to Claims Conference 
        Programs Worldwide, ``of Nazi victims currently residing in the 
        United States, three in five are women,'' and ``the average age 
        of a Nazi victim is 80, but nearly one-quarter are age 85 or 
        over.''
            (6) Holocaust survivors continue to live with the unique 
        mental and physical scars of the unconscionable trauma caused 
        by the Holocaust, and while institutionalized settings are 
        beneficial for some, certain aspects of institutionalization 
        may have particularly adverse effects on Holocaust survivors.
            (7) For many Holocaust survivors, institutionalized 
        settings produce sights, sounds, smells, emotions, and routines 
        which can induce panic, anxiety, and re-traumatization as a 
        result of experiences from the Holocaust.
            (8) According to Findings from the National Jewish 
        Population Survey 2000-01, a Jewish Federations of North 
        America Report produced in December 2003, Nazi ``victims are 
        more economically and socially vulnerable, report poorer health 
        and more health problems, and have somewhat greater social 
        service needs.'' They also report poorer health and more 
        disabilities that limit daily activities compared to 
        nonvictims.
            (9) Low-income Holocaust survivors are more reliant on 
        social service programs than most other older Americans, and 
        proportionally more Holocaust survivors need services such as 
        personal care, home-delivered and congregate meals, 
        transportation, counseling, and mental health support to 
        promote health and quality of life.
            (10) Community organizations serving Holocaust survivors 
        report that approximately two-thirds of Holocaust survivors 
        live alone, and living alone is a risk factor for 
        hospitalization and nursing home admission, poverty, falls, 
        depression, poor nutrition, social isolation and loneliness 
        which have been associated with poor health outcomes and an 
        increased risk of death.
            (11) According to Findings from the National Jewish 
        Population Survey 2000-01, more than half of all Holocaust 
        survivors who immigrated to the United States from the former 
        Soviet Union after 1965 have annual incomes beneath the Federal 
        poverty threshold and constitute an extremely vulnerable at-
        risk population in the United States.
            (12) Community organizations serving Holocaust survivors 
        report that transportation is vital to help Holocaust survivors 
        attend medical appointments, shop and purchase necessary items, 
        visit family and friends, and participate in cultural, 
        recreational, or social events, such as congregate meals or 
        religious services.
            (13) As the general population of older adults increases 
        and public or philanthropic resources remain constant, 
        providers serving older adults including Holocaust survivors 
        need additional capacity to cover the needed services.
            (14) The Administration for Community Living in the 
        Department of Health and Human Services serves as the Federal 
        agency responsible for increasing access to community supports, 
        while focusing attention and resources on the unique needs of 
        older Americans and people with disabilities across the 
        lifespan.
            (15) The mission of the Administration for Community Living 
        is to maximize the independence, well-being, and health of 
        older adults, people with disabilities, and their families and 
        caregivers.
            (16) Many social service agencies that receive funding 
        under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) 
        for home-delivered or congregate meals serve diverse seniors 
        with specialized dietary needs based on religious, cultural, or 
        ethnic requirements, and the necessary special meals often cost 
        more than nonspecial meals.

        TITLE I--RESPONDING TO THE NEEDS OF HOLOCAUST SURVIVORS

           Subtitle A--Definition, Grants, and Other Programs

SEC. 101. DEFINITION.

    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'';
                    (B) in subparagraph (C)(ii), by striking the period 
                at the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) status as a Holocaust survivor.'';
            (2) by redesignating paragraphs (26) through (54) as 
        paragraphs (27) through (55); and
            (3) by inserting after paragraph (25) the following:
            ``(26) The term `Holocaust survivor' means an individual 
        who--
                    ``(A)(i) lived in a country between 1933 and 1945 
                under a Nazi regime, under Nazi occupation, or under 
                the control of Nazi collaborators; or
                    ``(ii) fled from a country between 1933 and 1945 
                under a Nazi regime, under Nazi occupation, or under 
                the control of Nazi collaborators;
                    ``(B) was persecuted between 1933 and 1945 on the 
                basis of race, religion, physical or mental disability, 
                sexual orientation, political affiliation, ethnicity, 
                or other basis; and
                    ``(C) was a member of a group that was persecuted 
                by the Nazis.''.

SEC. 102. ORGANIZATION.

    Section 305(a) of the Older Americans Act of 1965 (42 U.S.C. 
3025(a)) is amended--
            (1) in paragraph (1)(E), by inserting ``older individuals 
        who are Holocaust survivors,'' after ``proficiency,'' each 
        place it appears; and
            (2) in paragraph (2)(E), by inserting ``older individuals 
        who are Holocaust survivors,'' after ``proficiency,''.

SEC. 103. AREA PLANS.

    Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``older 
                individuals who are Holocaust survivors,'' after 
                ``proficiency,'' each place it appears;
                    (B) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i)(I)(bb), by 
                                inserting ``older individuals who are 
                                Holocaust survivors,'' after 
                                ``proficiency,''; and
                                    (II) in clause (ii), by inserting 
                                ``older individuals who are Holocaust 
                                survivors,'' after ``proficiency,'' 
                                each place it appears;
                            (ii) in subparagraph (B)(i)--
                                    (I) in subclause (VI), by striking 
                                ``and'' at the end; and
                                    (II) by inserting after subclause 
                                (VII) the following:
                                    ``(VIII) older individuals who are 
                                Holocaust survivors; and''; and
                            (iii) in subparagraph (B)(ii), by striking 
                        ``subclauses (I) through (VI)'' and inserting 
                        ``subclauses (I) through (VIII)''; and
                    (C) in paragraph (7)(B)(iii), by inserting ``, in 
                particular, older individuals who are Holocaust 
                survivors,'' after ``placement''; and
            (2) in subsection (b)(2)(B), by inserting ``older 
        individuals who are Holocaust survivors,'' after ``areas,''.

SEC. 104. STATE PLANS.

    Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 
3027(a)) is amended--
            (1) in paragraph (4), by inserting ``older individuals who 
        are Holocaust survivors,'' after ``proficiency,'';
            (2) in paragraph (16)--
                    (A) in subparagraph (A)--
                            (i) in clause (v), by striking ``and'' at 
                        the end; and
                            (ii) by adding at the end the following:
                            ``(vii) older individuals who are Holocaust 
                        survivors; and''; and
                    (B) in subparagraph (B), by striking ``clauses (i) 
                through (vi)'' and inserting ``clauses (i) through 
                (vii)''; and
            (3) in paragraph (28)(B)(ii), by inserting ``older 
        individuals who are Holocaust survivors,'' after ``areas,''.

SEC. 105. CONSUMER CONTRIBUTIONS.

    Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2) 
is amended--
            (1) in subsection (c)(2), by inserting ``older individuals 
        who are Holocaust survivors,'' after ``proficiency,''; and
            (2) in subsection (d), by inserting ``older individuals who 
        are Holocaust survivors,'' after ``proficiency,''.

SEC. 106. PROGRAM AUTHORIZED.

    Section 373(c)(2)(A) of the Older Americans Act of 1965 (42 U.S.C. 
3030s-1(c)(2)(A)) is amended by striking ``individuals'') inserting 
``individuals and older individuals who are Holocaust survivors)''.

SEC. 107. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.

    Section 721(b)(12) of the Older Americans Act of 1965 (42 U.S.C. 
3058i(b)(12)) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(D) older individuals who are Holocaust 
                survivors.''.

  Subtitle B--Functions Within Administration for Community Living To 
                       Assist Holocaust Survivors

SEC. 111. DESIGNATION OF INDIVIDUAL WITHIN THE ADMINISTRATION.

    The Administrator for Community Living is authorized to designate 
within the Administration for Community Living a person who has 
specialized training, background, or experience with Holocaust survivor 
issues to have responsibility for implementing services for older 
individuals who are Holocaust survivors.

SEC. 112. ANNUAL REPORT TO CONGRESS.

    The Administrator for Community Living, with assistance from the 
individual designated under section 111, shall prepare and submit to 
Congress an annual report on the status and needs, including the 
priority areas of concern, of older individuals (as defined in section 
102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) who are 
Holocaust survivors.

         TITLE II--NUTRITION SERVICES FOR ALL OLDER INDIVIDUALS

SEC. 201. NUTRITION SERVICES.

    (a) In General.--Section 339(2) of the Older Americans Act of 1065 
(42 U.S.C. 3030g-21(2)) is amended--
            (1) in subparagraph (A), by amending clause (iii) to read 
        as follows:
                            ``(iii) to the maximum extent practicable, 
                        are adjusted and appropriately funded to meet 
                        any special health-related or other dietary 
                        needs of program participants, including needs 
                        based on religious, cultural, or ethnic 
                        requirements,'';
            (2) in subparagraph (J), by striking ``, and'' and 
        inserting a comma;
            (3) in subparagraph (K), by striking the period and 
        inserting ``, and''; and
            (4) by adding at the end the following:
                    ``(L) encourages and educates individuals who 
                distribute nutrition services under subpart 2 to engage 
                in conversation with homebound older individuals and to 
                be aware of the warning signs of medical emergencies, 
                injury or abuse in order to reduce isolation and 
                promote well-being.''.
    (b) Study of Nutrition Projects.--Section 317(a)(2) of the Older 
Americans Act Amendments of 2006 (Public Law 109-365) is amended--
            (1) in subparagraph (B), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) an analysis of service providers' abilities 
                to obtain viable contracts for special foods necessary 
                to meet a religious requirement, required dietary need, 
                or ethnic consideration.''.

                       TITLE III--TRANSPORTATION

SEC. 301. TRANSPORTATION SERVICES AND RESOURCES.

    Section 411(a) of the Older Americans Act of 1965 (42 U.S.C. 
3032(a)) is amended--
            (1) by redesignating paragraph (13) as paragraph (14);
            (2) in paragraph (12), by striking ``; and'' and inserting 
        a semicolon; and
            (3) by inserting after paragraph (12) the following:
            ``(13) supporting programs that enable the mobility and 
        self-sufficiency of older individuals with the greatest 
        economic need and older individuals with the greatest social 
        need by providing transportation services and resources; and''.
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