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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3358 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3358

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2012

  Mr. Cardin (for himself, Mr. Kirk, and Ms. Mikulski) 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 unique 
  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--Activities for Health, Independence, and Longevity

Sec. 111. Innovation to improve transportation for older individuals 
                            who are Holocaust survivors.
  Subtitle C--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.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to include ``older individuals who are Holocaust 
        survivors'' to 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; and
            (3) to create a grant program to increase and improve 
        transportation services for older individuals, with preference 
        to those older individuals who are 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) Approximately 127,000 Holocaust survivors remain in the 
        United States, and thousands pass away each year.
            (3) Holocaust survivors are getting older and frailer, and 
        will be seeking additional support and assistance from social 
        service providers to enable them to age in place. Providers 
        face increased levels of demand from vulnerable individuals 
        without any additional revenue to cover needed services.
            (4) All Holocaust survivors are at least 65 years old, with 
        approximately \3/4\ of them older than 75 and a majority in 
        their 80s and 90s.
            (5) More than half of all Holocaust survivors who emigrated 
        to the United States from the former Soviet Union after 1965 
        fell beneath 200 percent of the Federal poverty threshold in 
        2010 and constitute an extremely vulnerable at-risk population 
        in the United States.
            (6) Holocaust survivors continue to live with the mental 
        and physical scars of the unconscionable trauma caused by the 
        Holocaust.
            (7) While institutionalized settings are beneficial for 
        some older people, long-term care facilities can have an 
        adverse effect on Holocaust survivors. For many Holocaust 
        survivors, institutionalized settings reintroduce sights, 
        sounds, smells, emotions, and routines which can induce panic, 
        anxiety, and re-traumatization as a result of experiences 
        resulting from the Holocaust.
            (8) Approximately \2/3\ of Holocaust survivors live alone 
        and living alone is a risk factor for institutionalization.
            (9) Low-income Holocaust survivors are more reliant on 
        social service programs than most other older Americans, with 
        proportionally more Holocaust survivors needing services such 
        as personal care, home-delivered and congregate meals, 
        transportation, counseling, and mental health support.

        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--Activities for Health, Independence, and Longevity

SEC. 111. INNOVATION TO IMPROVE TRANSPORTATION FOR OLDER INDIVIDUALS 
              WHO ARE HOLOCAUST SURVIVORS.

    Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 
3032 et seq.) is amended by adding at the end the following:

``SEC. 423. INNOVATION TO IMPROVE TRANSPORTATION FOR OLDER INDIVIDUALS 
              WHO ARE HOLOCAUST SURVIVORS.

    ``(a) In General.--The Assistant Secretary shall award grants or 
contracts to nonprofit organizations to increase and improve 
transportation services, including affordable non-emergency 
transportation to medical appointments and shopping for food and other 
essential items, to enable older individuals to remain in the 
community, with preference toward those older individuals who are 
Holocaust survivors. The Assistant Secretary shall make grants or enter 
into such contracts for period of not less than 5 years.
    ``(b) Use of Funds.--
            ``(1) In general.--A nonprofit organization receiving a 
        grant or contract under subsection (a) shall use the funds 
        received through such grant or contract to carry out a 
        demonstration project, or to provide technical assistance to 
        assist local transit providers, area agencies on aging, senior 
        centers, and local senior support groups, to encourage and 
        facilitate coordination of Federal, State, and local 
        transportation services and resources for older individuals who 
        are Holocaust survivors. The organization may use the funds to 
        develop and carry out an innovative transportation 
        demonstration project to create transportation services for 
        older individuals.
            ``(2) Specific activities.--In carrying out a demonstration 
        project or providing technical assistance under paragraph (1) 
        the organization may carry out activities that include--
                    ``(A) developing innovative approaches for 
                improving access by older individuals to transportation 
                services, including volunteer driver programs, 
                economically sustainable transportation programs, and 
                programs that allow older individuals to transfer their 
                automobiles to a provider of transportation services in 
                exchange for the services;
                    ``(B) preparing information on transportation 
                options and resources for older individuals and 
                organizations serving such individuals, and 
                disseminating the information by establishing and 
                operating a toll-free telephone number;
                    ``(C) developing models and best practices for 
                providing comprehensive integrated transportation 
                services for older individuals, including services 
                administered by the Secretary of Transportation, by 
                providing ongoing technical assistance to agencies 
                providing services under title III and by assisting in 
                coordination of public and community transportation 
                services; and
                    ``(D) providing special services to link older 
                individuals to transportation services not provided 
                under title III.
    ``(c) Preference.--In awarding grants and entering into contracts 
under subsection (a), the Assistant Secretary shall give preference to 
organizations and institutions that have previous extensive experience 
working with and conducting assessment of the needs of Holocaust 
survivors who are older individuals.
    ``(d) Consultation.--In determining the type of programs and 
activities used to improve and increase transportation assistance for 
Holocaust survivors, the Assistant Secretary shall consult with the 
individual designated under section 122 of the Responding to Urgent 
needs of Survivors of the Holocaust Act and with national organizations 
with special expertise in serving Holocaust survivors who are older 
individuals.
    ``(e) Eligible Entities.--To be eligible to receive a grant or 
enter into a contract under subsection (a), an entity shall have 
previous extensive experience working with and conducting assessment of 
the needs of older individuals.''.

  Subtitle C--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 ``, 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 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 wellbeing.''.
    (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.''.
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