II 

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. 

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—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. 

3 SEC. 2. PURPOSES. 

4 The purposes of this Act are— 

5 (1) to include ‘‘older individuals who are Holo6 caust survivors’’ to 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; and 


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1 (3) to create a grant program to increase and 

2 improve transportation services for older individuals, 

3 with preference to those older individuals who are 

4 Holocaust survivors. 

5 SEC. 3. FINDINGS. 

6 Congress finds the following: 

7 (1) During the Holocaust, which took place be8 tween 1933 and 1945, an estimated 6,000,000 Jews, 

9 as well as millions from other targeted groups, were 

10 murdered by the Nazis and their collaborators. 

11 (2) Approximately 127,000 Holocaust survivors 

12 remain in the United States, and thousands pass 

13 away each year. 

14 (3) Holocaust survivors are getting older and 

15 frailer, and will be seeking additional support and 

16 assistance from social service providers to enable 

17 them to age in place. Providers face increased levels 

18 of demand from vulnerable individuals without any 

19 additional revenue to cover needed services. 

20 (4) All Holocaust survivors are at least 65 

years old, with approximately 3 21 ⁄4 of them older than 

22 75 and a majority in their 80s and 90s. 

23 (5) More than half of all Holocaust survivors 

24 who emigrated to the United States from the former 

25 Soviet Union after 1965 fell beneath 200 percent of 


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1 the Federal poverty threshold in 2010 and constitute 

2 an extremely vulnerable at-risk population in the 

3 United States. 

4 (6) Holocaust survivors continue to live with 

5 the mental and physical scars of the unconscionable 

6 trauma caused by the Holocaust. 

7 (7) While institutionalized settings are bene8 ficial for some older people, long-term care facilities 

9 can have an adverse effect on Holocaust survivors. 

10 For many Holocaust survivors, institutionalized set11 tings reintroduce sights, sounds, smells, emotions, 

12 and routines which can induce panic, anxiety, and 

13 re-traumatization as a result of experiences resulting 

14 from the Holocaust. 

(8) Approximately 2 15 ⁄3 of Holocaust survivors 

16 live alone and living alone is a risk factor for institu17 tionalization. 

18 (9) Low-income Holocaust survivors are more 

19 reliant on social service programs than most other 

20 older Americans, with proportionally more Holocaust 

21 survivors needing services such as personal care, 

22 home-delivered and congregate meals, transpor23 tation, counseling, and mental health support. 


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1 TITLE I—RESPONDING TO THE 

2 NEEDS OF HOLOCAUST SUR3 VIVORS 

4 Subtitle A—Definition, Grants, and 

5 Other Programs 

6 SEC. 101. DEFINITION. 

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

8 U.S.C. 3002) is amended— 

9 (1) in paragraph (24)— 

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

11 ‘‘and’’; 

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

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

14 and 

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

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

17 (2) by redesignating paragraphs (26) through 

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

19 (3) by inserting after paragraph (25) the fol20 lowing: 

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

22 individual who— 

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

24 and 1945 under a Nazi regime, under Nazi ocVerDate Mar 15 2010 04:50 Jul 04, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3358.IS S3358

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1 cupation, or under the control of Nazi collabo2 rators; or 

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

4 1945 under a Nazi regime, under Nazi occupa5 tion, or under the control of Nazi collaborators; 

6 ‘‘(B) was persecuted between 1933 and 

7 1945 on the basis of race, religion, physical or 

8 mental disability, sexual orientation, political 

9 affiliation, ethnicity, or other basis; and 

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

11 persecuted by the Nazis.’’. 

12 SEC. 102. ORGANIZATION. 

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

14 (42 U.S.C. 3025(a)) is amended— 

15 (1) in paragraph (1)(E), by inserting ‘‘older in16 dividuals who are Holocaust survivors,’’ after ‘‘pro17 ficiency,’’ each place it appears; and 

18 (2) in paragraph (2)(E), by inserting ‘‘older in19 dividuals who are Holocaust survivors,’’ after ‘‘pro20 ficiency,’’. 

21 SEC. 103. AREA PLANS. 

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

23 U.S.C. 3026) is amended— 

24 (1) in subsection (a)— 


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

2 individuals who are Holocaust survivors,’’ after 

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

4 (B) in paragraph (4)— 

5 (i) in subparagraph (A)— 

6 (I) in clause (i)(I)(bb), by insert7 ing ‘‘older individuals who are Holo8 caust survivors,’’ after ‘‘proficiency,’’; 

9 and 

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

11 ‘‘older individuals who are Holocaust 

12 survivors,’’ after ‘‘proficiency,’’ each 

13 place it appears; 

14 (ii) in subparagraph (B)(i)— 

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

16 ‘‘and’’ at the end; and 

17 (II) by inserting after subclause 

18 (VII) the following: 

19 ‘‘(VIII) older individuals who are 

20 Holocaust survivors; and’’; and 

21 (iii) in subparagraph (B)(ii), by strik22 ing ‘‘subclauses (I) through (VI)’’ and in23 serting ‘‘subclauses (I) through (VIII)’’; 

24 and 


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

2 ‘‘, in particular, older individuals who are Holo3 caust survivors,’’ after ‘‘placement’’; and 

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

5 individuals who are Holocaust survivors,’’ after 

6 ‘‘areas,’’. 

7 SEC. 104. STATE PLANS. 

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

9 (42 U.S.C. 3027(a)) is amended— 

10 (1) in paragraph (4), by inserting ‘‘older indi11 viduals who are Holocaust survivors,’’ after ‘‘pro12 ficiency,’’; 

13 (2) in paragraph (16)— 

14 (A) in subparagraph (A)— 

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

16 the end; and 

17 (ii) by adding at the end the fol18 lowing: 

19 ‘‘(vii) older individuals who are Holo20 caust survivors; and’’; and 

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

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

23 ‘‘clauses (i) through (vii)’’; and 


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

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

3 after ‘‘areas,’’. 

4 SEC. 105. CONSUMER CONTRIBUTIONS. 

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

6 U.S.C. 3030c–2) is amended— 

7 (1) in subsection (c)(2), by inserting ‘‘older in8 dividuals who are Holocaust survivors,’’ after ‘‘pro9 ficiency,’’; and 

10 (2) in subsection (d), by inserting ‘‘older indi11 viduals who are Holocaust survivors,’’ after ‘‘pro12 ficiency,’’. 

13 SEC. 106. PROGRAM AUTHORIZED. 

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

15 1965 (42 U.S.C. 3030s–1(c)(2)(A)) is amended by strik16 ing ‘‘individuals)’’ inserting ‘‘individuals and older individ17 uals who are Holocaust survivors)’’. 

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

19 EXPLOITATION. 

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

21 1965 (42 U.S.C. 3058i(b)(12)) is amended— 

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

23 the end; 

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

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


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

2 ‘‘(D) older individuals who are Holocaust 

3 survivors.’’. 

4 Subtitle B—Activities for Health, 

5 Independence, and Longevity 

6 SEC. 111. INNOVATION TO IMPROVE TRANSPORTATION FOR 

7 OLDER INDIVIDUALS WHO ARE HOLOCAUST 

8 SURVIVORS. 

9 Part A of title IV of the Older Americans Act of 1965 

10 (42 U.S.C. 3032 et seq.) is amended by adding at the end 

11 the following: 

12 ‘‘SEC. 423. INNOVATION TO IMPROVE TRANSPORTATION 

13 FOR OLDER INDIVIDUALS WHO ARE HOLO14 CAUST SURVIVORS. 

15 ‘‘(a) IN GENERAL.—The Assistant Secretary shall 

16 award grants or contracts to nonprofit organizations to 

17 increase and improve transportation services, including af18 fordable non-emergency transportation to medical ap19 pointments and shopping for food and other essential 

20 items, to enable older individuals to remain in the commu21 nity, with preference toward those older individuals who 

22 are Holocaust survivors. The Assistant Secretary shall 

23 make grants or enter into such contracts for period of not 

24 less than 5 years. 

25 ‘‘(b) USE OF FUNDS.— 


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1 ‘‘(1) IN GENERAL.—A nonprofit organization 

2 receiving a grant or contract under subsection (a) 

3 shall use the funds received through such grant or 

4 contract to carry out a demonstration project, or to 

5 provide technical assistance to assist local transit 

6 providers, area agencies on aging, senior centers, 

7 and local senior support groups, to encourage and 

8 facilitate coordination of Federal, State, and local 

9 transportation services and resources for older indi10 viduals who are Holocaust survivors. The organiza11 tion may use the funds to develop and carry out an 

12 innovative transportation demonstration project to 

13 create transportation services for older individuals. 

14 ‘‘(2) SPECIFIC ACTIVITIES.—In carrying out a 

15 demonstration project or providing technical assist16 ance under paragraph (1) the organization may 

17 carry out activities that include— 

18 ‘‘(A) developing innovative approaches for 

19 improving access by older individuals to trans20 portation services, including volunteer driver 

21 programs, economically sustainable transpor22 tation programs, and programs that allow older 

23 individuals to transfer their automobiles to a 

24 provider of transportation services in exchange 

25 for the services; 


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1 ‘‘(B) preparing information on transpor2 tation options and resources for older individ3 uals and organizations serving such individuals, 

4 and disseminating the information by estab5 lishing and operating a toll-free telephone num6 ber; 

7 ‘‘(C) developing models and best practices 

8 for providing comprehensive integrated trans9 portation services for older individuals, includ10 ing services administered by the Secretary of 

11 Transportation, by providing ongoing technical 

12 assistance to agencies providing services under 

13 title III and by assisting in coordination of pub14 lic and community transportation services; and 

15 ‘‘(D) providing special services to link 

16 older individuals to transportation services not 

17 provided under title III. 

18 ‘‘(c) PREFERENCE.—In awarding grants and enter19 ing into contracts under subsection (a), the Assistant Sec20 retary shall give preference to organizations and institu21 tions that have previous extensive experience working with 

22 and conducting assessment of the needs of Holocaust sur23 vivors who are older individuals. 

24 ‘‘(d) CONSULTATION.—In determining the type of 

25 programs and activities used to improve and increase 


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1 transportation assistance for Holocaust survivors, the As2 sistant Secretary shall consult with the individual des3 ignated under section 122 of the Responding to Urgent 

4 needs of Survivors of the Holocaust Act and with national 

5 organizations with special expertise in serving Holocaust 

6 survivors who are older individuals. 

7 ‘‘(e) ELIGIBLE ENTITIES.—To be eligible to receive 

8 a grant or enter into a contract under subsection (a), an 

9 entity shall have previous extensive experience working 

10 with and conducting assessment of the needs of older indi11 viduals.’’. 

12 Subtitle C—Functions Within Ad13 ministration for Community 

14 Living to Assist Holocaust Sur15 vivors 

16 SEC. 121. 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. 


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1 SEC. 122. ANNUAL REPORT TO CONGRESS. 

2 The Administrator for Community Living, with as3 sistance from the individual designated under section 121, 

4 shall prepare and submit to Congress an annual report 

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

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

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

8 are Holocaust survivors. 

9 TITLE II—NUTRITION SERVICES 

10 FOR ALL OLDER INDIVIDUALS 

11 SEC. 201. NUTRITION SERVICES. 

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

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

14 amended— 

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

16 (iii) to read as follows: 

17 ‘‘(iii) to the maximum extent prac18 ticable, are adjusted and appropriately 

19 funded to meet any special health-related 

20 or other dietary needs of program partici21 pants, including needs based on religious, 

22 cultural, or ethnic requirements,’’; 

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

24 and inserting a comma; 

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

26 and inserting ‘‘, and’’; and 


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

2 ‘‘(L) encourages individuals who distribute 

3 nutrition services under subpart 2 to engage in 

4 conversation with homebound older individuals 

5 and to be aware of the warning signs of medical 

6 emergencies, injury or abuse in order to reduce 

7 isolation and promote wellbeing.’’. 

8 (b) STUDY OF NUTRITION PROJECTS.—Section 

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

10 2006 (Public Law 106–365) 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.’’. 

Æ 


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