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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2064 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2064

  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 HOUSE OF REPRESENTATIVES

                              May 21, 2013

 Ms. Wasserman Schultz (for herself, Ms. Ros-Lehtinen, Mr. Deutch, Mr. 
 Joyce, Mr. Schneider, and Mr. Waxman) introduced the following bill; 
   which was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 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. 121. Designation of individual within the Administration.
Sec. 122. Annual report to Congress.
         TITLE II--NUTRITION SERVICES FOR ALL OLDER INDIVIDUALS

Sec. 201. Nutrition services.
            TITLE III--TRANSPORTATION SERVICES AND RESOURCES

Sec. 301. Transportation services.

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 meals provided by the Act meet any 
        special health-related or other dietary needs of program 
        participants, including needs based on religious, cultural, or 
        ethnic requirements; and
            (4) to support programs that enable the mobility and self-
        sufficiency of older individuals with greatest economic need 
        and individuals with greatest social need by providing 
        transportation services and resources.

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 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 
        over 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, 3 in 5 of Nazi victims currently residing 
        in the United States are women, and while the average age of a 
        Nazi victim is 80, nearly one-quarter are age 85 or older.
            (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 older people, the consequences of 
        institutionalization can have a particular adverse effect on 
        Holocaust survivors.
            (7) For many Holocaust survivors, institutionalized 
        settings produce sights, sounds, smells, emotions, and routines 
        that 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, ``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 non-victims.
            (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 United 
        States 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 Administration for Community Living's mission 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 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 non-special 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)'' and 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. 121. 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. 122. ANNUAL REPORT TO CONGRESS.

    The Administrator for Community Living, with assistance from the 
individual designated under section 121, 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 ``appropriate, and'' 
        and inserting ``appropriate,'';
            (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 106-365) 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 SERVICES AND RESOURCES

SEC. 301. TRANSPORTATION SERVICES.

    (a) In General.--Section 411(a) of the Older Americans Act of 1065 
(42 U.S.C. 3032(a)) is amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) by redesignating paragraph (13) as paragraph (14); and
            (3) by inserting after paragraph (12) the following:
            ``(13) the support of 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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