II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Responding to Urgent needs of Survivors of the Holo6 caust Act’’ or the ‘‘RUSH Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 

3 SEC. 2. PURPOSES. 

4 The purposes of this Act are— 

5 (1) to include ‘‘older individuals who are Holo6 caust survivors’’ in the list of groups that receive 

7 preference for services as defined in section 

8 305(a)(2)(E) of the Older Americans Act of 1965 

9 (42 U.S.C. 3025(a)(2)(E)); 

10 (2) to designate within the Administration on 

11 Aging an individual to have responsibility for older 

12 individuals who are Holocaust survivors; 


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1 (3) to ensure that the providers of nutrition 

2 services through the Older Americans Act of 1965 

3 (42 U.S.C. 3001 et seq.) can meet the special 

4 health-related or other dietary needs of program 

5 participants; and 

6 (4) to help meet the urgent transportation 

7 needs of Holocaust survivors. 

8 SEC. 3. FINDINGS. 

9 Congress finds the following: 

10 (1) During the Holocaust, which took place be11 tween 1933 and 1945, an estimated 6,000,000 Jews, 

12 as well as millions from other targeted groups, were 

13 murdered by the Nazis and their collaborators. 

14 (2) The United States Holocaust Memorial Mu15 seum Encyclopedia estimates that more than 

16 200,000 Jews found refuge in the United States 

17 from 1933 to 1945, and estimates that approxi18 mately 137,000 Jewish refugees had settled in the 

19 United States from 1945 to 1952. 

20 (3) Jewish refugees continued to immigrate to 

21 the United States from Europe and countries of the 

22 former Soviet Union during the subsequent decades. 

23 (4) According to the Conference on Jewish Ma24 terial Claims Against Germany’s 2011 Worldbook: A 

25 Guide to Claims Conference Programs Worldwide, 


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1 the ‘‘Estimated Nazi Victim Population’’ in the 

2 United States is 120,935, down from an estimated 

3 127,300 in 2010. 

4 (5) According to the Conference on Jewish Ma5 terial Claims Against Germany’s 2011 Worldbook: A 

6 Guide to Claims Conference Programs Worldwide, 

7 ‘‘of Nazi victims currently residing in the United 

8 States, three in five are women,’’ and ‘‘the average 

9 age of a Nazi victim is 80, but nearly one-quarter 

10 are age 85 or over.’’ 

11 (6) Holocaust survivors continue to live with 

12 the unique mental and physical scars of the uncon13 scionable trauma caused by the Holocaust, and while 

14 institutionalized settings are beneficial for some, cer15 tain aspects of institutionalization may have particu16 larly adverse effects on Holocaust survivors. 

17 (7) For many Holocaust survivors, institutional18 ized settings produce sights, sounds, smells, emo19 tions, and routines which can induce panic, anxiety, 

20 and re-traumatization as a result of experiences 

21 from the Holocaust. 

22 (8) According to Findings from the National 

23 Jewish Population Survey 2000–01, a Jewish Fed24 erations of North America Report produced in De25 cember 2003, Nazi ‘‘victims are more economically 


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1 and socially vulnerable, report poorer health and 

2 more health problems, and have somewhat greater 

3 social service needs.’’ They also report poorer health 

4 and more disabilities that limit daily activities com5 pared to nonvictims. 

6 (9) Low-income Holocaust survivors are more 

7 reliant on social service programs than most other 

8 older Americans, and proportionally more Holocaust 

9 survivors need services such as personal care, home10 delivered and congregate meals, transportation, 

11 counseling, and mental health support to promote 

12 health and quality of life. 

13 (10) Community organizations serving Holo14 caust survivors report that approximately two-thirds 

15 of Holocaust survivors live alone, and living alone is 

16 a risk factor for hospitalization and nursing home 

17 admission, poverty, falls, depression, poor nutrition, 

18 social isolation and loneliness which have been asso19 ciated with poor health outcomes and an increased 

20 risk of death. 

21 (11) According to Findings from the National 

22 Jewish Population Survey 2000–01, more than half 

23 of all Holocaust survivors who immigrated to the 

24 United States from the former Soviet Union after 

25 1965 have annual incomes beneath the Federal povVerDate Mar 15 2010 02:05 May 25, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S999.IS S999

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1 erty threshold and constitute an extremely vulner2 able at-risk population in the United States. 

3 (12) Community organizations serving Holo4 caust survivors report that transportation is vital to 

5 help Holocaust survivors attend medical appoint6 ments, shop and purchase necessary items, visit 

7 family and friends, and participate in cultural, rec8 reational, or social events, such as congregate meals 

9 or religious services. 

10 (13) As the general population of older adults 

11 increases and public or philanthropic resources re12 main constant, providers serving older adults includ13 ing Holocaust survivors need additional capacity to 

14 cover the needed services. 

15 (14) The Administration for Community Living 

16 in the Department of Health and Human Services 

17 serves as the Federal agency responsible for increas18 ing access to community supports, while focusing at19 tention and resources on the unique needs of older 

20 Americans and people with disabilities across the 

21 lifespan. 

22 (15) The mission of the Administration for 

23 Community Living is to maximize the independence, 

24 well-being, and health of older adults, people with 

25 disabilities, and their families and caregivers. 


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1 (16) Many social service agencies that receive 

2 funding under the Older Americans Act of 1965 (42 

3 U.S.C. 3001 et seq.) for home-delivered or con4 gregate meals serve diverse seniors with specialized 

5 dietary needs based on religious, cultural, or ethnic 

6 requirements, and the necessary special meals often 

7 cost more than nonspecial meals. 

8 TITLE I—RESPONDING TO THE 

9 NEEDS OF HOLOCAUST SUR10 VIVORS 

11 Subtitle A—Definition, Grants, and 

12 Other Programs 

13 SEC. 101. DEFINITION. 

14 Section 102 of the Older Americans Act of 1965 (42 

15 U.S.C. 3002) is amended— 

16 (1) in paragraph (24)— 

17 (A) in subparagraph (B), by striking 

18 ‘‘and’’; 

19 (B) in subparagraph (C)(ii), by striking 

20 the period at the end and inserting ‘‘; and’’; 

21 and 

22 (C) by adding at the end the following: 

23 ‘‘(D) status as a Holocaust survivor.’’; 

24 (2) by redesignating paragraphs (26) through 

25 (54) as paragraphs (27) through (55); and 


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1 (3) by inserting after paragraph (25) the fol2 lowing: 

3 ‘‘(26) The term ‘Holocaust survivor’ means an 

4 individual who— 

5 ‘‘(A)(i) lived in a country between 1933 

6 and 1945 under a Nazi regime, under Nazi oc7 cupation, or under the control of Nazi collabo8 rators; or 

9 ‘‘(ii) fled from a country between 1933 and 

10 1945 under a Nazi regime, under Nazi occupa11 tion, or under the control of Nazi collaborators; 

12 ‘‘(B) was persecuted between 1933 and 

13 1945 on the basis of race, religion, physical or 

14 mental disability, sexual orientation, political 

15 affiliation, ethnicity, or other basis; and 

16 ‘‘(C) was a member of a group that was 

17 persecuted by the Nazis.’’. 

18 SEC. 102. ORGANIZATION. 

19 Section 305(a) of the Older Americans Act of 1965 

20 (42 U.S.C. 3025(a)) is amended— 

21 (1) in paragraph (1)(E), by inserting ‘‘older in22 dividuals who are Holocaust survivors,’’ after ‘‘pro23 ficiency,’’ each place it appears; and 


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1 (2) in paragraph (2)(E), by inserting ‘‘older in2 dividuals who are Holocaust survivors,’’ after ‘‘pro3 ficiency,’’. 

4 SEC. 103. AREA PLANS. 

5 Section 306 of the Older Americans Act of 1965 (42 

6 U.S.C. 3026) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1), by inserting ‘‘older 

9 individuals who are Holocaust survivors,’’ after 

10 ‘‘proficiency,’’ each place it appears; 

11 (B) in paragraph (4)— 

12 (i) in subparagraph (A)— 

13 (I) in clause (i)(I)(bb), by insert14 ing ‘‘older individuals who are Holo15 caust survivors,’’ after ‘‘proficiency,’’; 

16 and 

17 (II) in clause (ii), by inserting 

18 ‘‘older individuals who are Holocaust 

19 survivors,’’ after ‘‘proficiency,’’ each 

20 place it appears; 

21 (ii) in subparagraph (B)(i)— 

22 (I) in subclause (VI), by striking 

23 ‘‘and’’ at the end; and 

24 (II) by inserting after subclause 

25 (VII) the following: 


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1 ‘‘(VIII) older individuals who are 

2 Holocaust survivors; and’’; and 

3 (iii) in subparagraph (B)(ii), by strik4 ing ‘‘subclauses (I) through (VI)’’ and in5 serting ‘‘subclauses (I) through (VIII)’’; 

6 and 

7 (C) in paragraph (7)(B)(iii), by inserting 

8 ‘‘, in particular, older individuals who are Holo9 caust survivors,’’ after ‘‘placement’’; and 

10 (2) in subsection (b)(2)(B), by inserting ‘‘older 

11 individuals who are Holocaust survivors,’’ after 

12 ‘‘areas,’’. 

13 SEC. 104. STATE PLANS. 

14 Section 307(a) of the Older Americans Act of 1965 

15 (42 U.S.C. 3027(a)) is amended— 

16 (1) in paragraph (4), by inserting ‘‘older indi17 viduals who are Holocaust survivors,’’ after ‘‘pro18 ficiency,’’; 

19 (2) in paragraph (16)— 

20 (A) in subparagraph (A)— 

21 (i) in clause (v), by striking ‘‘and’’ at 

22 the end; and 

23 (ii) by adding at the end the fol24 lowing: 


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1 ‘‘(vii) older individuals who are Holo2 caust survivors; and’’; and 

3 (B) in subparagraph (B), by striking 

4 ‘‘clauses (i) through (vi)’’ and inserting 

5 ‘‘clauses (i) through (vii)’’; and 

6 (3) in paragraph (28)(B)(ii), by inserting 

7 ‘‘older individuals who are Holocaust survivors,’’ 

8 after ‘‘areas,’’. 

9 SEC. 105. CONSUMER CONTRIBUTIONS. 

10 Section 315 of the Older Americans Act of 1965 (42 

11 U.S.C. 3030c–2) is amended— 

12 (1) in subsection (c)(2), by inserting ‘‘older in13 dividuals who are Holocaust survivors,’’ after ‘‘pro14 ficiency,’’; and 

15 (2) in subsection (d), by inserting ‘‘older indi16 viduals who are Holocaust survivors,’’ after ‘‘pro17 ficiency,’’. 

18 SEC. 106. PROGRAM AUTHORIZED. 

19 Section 373(c)(2)(A) of the Older Americans Act of 

20 1965 (42 U.S.C. 3030s–1(c)(2)(A)) is amended by strik21 ing ‘‘individuals’’) inserting ‘‘individuals and older individ22 uals who are Holocaust survivors)’’. 


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

2 EXPLOITATION. 

3 Section 721(b)(12) of the Older Americans Act of 

4 1965 (42 U.S.C. 3058i(b)(12)) is amended— 

5 (1) in subparagraph (B), by striking ‘‘or’’ at 

6 the end; 

7 (2) in subparagraph (C), by striking the period 

8 at the end and inserting ‘‘; or’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(D) older individuals who are Holocaust 

11 survivors.’’. 

12 Subtitle B—Functions Within Ad13 ministration for Community 

14 Living To Assist Holocaust Sur15 vivors 

16 SEC. 111. DESIGNATION OF INDIVIDUAL WITHIN THE AD17 MINISTRATION. 

18 The Administrator for Community Living is author19 ized to designate within the Administration for Commu20 nity Living a person who has specialized training, back21 ground, or experience with Holocaust survivor issues to 

22 have responsibility for implementing services for older in23 dividuals who are Holocaust survivors. 

24 SEC. 112. ANNUAL REPORT TO CONGRESS. 

25 The Administrator for Community Living, with as26 sistance from the individual designated under section 111, 


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1 shall prepare and submit to Congress an annual report 

2 on the status and needs, including the priority areas of 

3 concern, of older individuals (as defined in section 102 of 

4 the Older Americans Act of 1965 (42 U.S.C. 3002)) who 

5 are Holocaust survivors. 

6 TITLE II—NUTRITION SERVICES 

7 FOR ALL OLDER INDIVIDUALS 

8 SEC. 201. NUTRITION SERVICES. 

9 (a) IN GENERAL.—Section 339(2) of the Older 

10 Americans Act of 1065 (42 U.S.C. 3030g–21(2)) is 

11 amended— 

12 (1) in subparagraph (A), by amending clause 

13 (iii) to read as follows: 

14 ‘‘(iii) to the maximum extent prac15 ticable, are adjusted and appropriately 

16 funded to meet any special health-related 

17 or other dietary needs of program partici18 pants, including needs based on religious, 

19 cultural, or ethnic requirements,’’; 

20 (2) in subparagraph (J), by striking ‘‘, and’’ 

21 and inserting a comma; 

22 (3) in subparagraph (K), by striking the period 

23 and inserting ‘‘, and’’; and 

24 (4) by adding at the end the following: 


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1 ‘‘(L) encourages and educates individuals 

2 who distribute nutrition services under subpart 

3 2 to engage in conversation with homebound 

4 older individuals and to be aware of the warn5 ing signs of medical emergencies, injury or 

6 abuse in order to reduce isolation and promote 

7 well-being.’’. 

8 (b) STUDY OF NUTRITION PROJECTS.—Section 

9 317(a)(2) of the Older Americans Act Amendments of 

10 2006 (Public Law 109–365) is amended— 

11 (1) in subparagraph (B), by striking ‘‘; and’’ 

12 and inserting a semicolon; 

13 (2) in subparagraph (C), by striking the period 

14 at the end and inserting ‘‘; and’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(D) an analysis of service providers’ abili17 ties to obtain viable contracts for special foods 

18 necessary to meet a religious requirement, re19 quired dietary need, or ethnic consideration.’’. 

20 TITLE III—TRANSPORTATION 

21 SEC. 301. TRANSPORTATION SERVICES AND RESOURCES. 

22 Section 411(a) of the Older Americans Act of 1965 

23 (42 U.S.C. 3032(a)) is amended— 

24 (1) by redesignating paragraph (13) as para25 graph (14); 


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1 (2) in paragraph (12), by striking ‘‘; and’’ and 

2 inserting a semicolon; and 

3 (3) by inserting after paragraph (12) the fol4 lowing: 

5 ‘‘(13) supporting programs that enable the mo6 bility and self-sufficiency of older individuals with 

7 the greatest economic need and older individuals 

8 with the greatest social need by providing transpor9 tation services and resources; and’’. 

Æ 


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