S. 3358Senate112th Congress (2011-2013)In Committee

RUSH Act

Legislative Activity

Stay on top of the latest movement without scrolling through every action

2 earlier actions

SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

June 28, 2012

View full timeline

SenateIntro Referral

Introduced in Senate

June 28, 2012

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S4726)

June 28, 2012

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Health, Education, Labor, and Pensions Committee

June 28, 2012

Floor Debate

1 member

What members said about S. 3358 on the floor

1 Democrat

Sen. Benjamin L. CardinD-MD · Jun 28, 2012

Mr. President, I rise today on behalf of myself and Senators Kirk and Mikulski to introduce the Responding to Urgent needs of Survivors of the Holocaust Act or the RUSH Act. Our bill will provide…

Mr. President, I rise today on behalf of myself and Senators Kirk and Mikulski to introduce the Responding to Urgent needs of Survivors of the Holocaust Act or the RUSH Act.

Our bill will provide needed protections for survivors of the Holocaust who managed to make it to the United States after years of prolonged terror, abuse, and desperation. Millions fled from the cruelty of the Nazi regime between 1933 and 1945, from territories annexed, invaded or occupied by Nazi Germany and from their Axis partner countries in Europe as well.

Millions of others were killed during the Holocaust, exterminated by a ruthless machine propagated by the Nazi party. Those who escaped the terror of the Nazi regime carried with them experiences that can never be forgotten, and have adversely affected their ability to cope with institutionalized settings.

Many Holocaust survivors living in the United States would prefer to spend their days at home with their families, rather than being moved into settings where they lose autonomy, privacy, and control, which can bring back painful trauma from their experiences under Nazi rule. This bill would amend the Older Americans Act to ensure that Holocaust survivors can better access needed services, such as health care and nutrition services, without having to live in a nursing or assisted living facility.

As of 2010, there were approximately 127,000 Holocaust survivors living in the United States, and more than three quarters of them are over age 75, with a majority in their 80s and 90s. By focusing on home and community-based long-term care, we can help ensure that fewer survivors are dependent on the unpaid support of family caregivers, or have to resort to unnecessary institutionalization.

All aging Americans deserve access to needed community supports and services in comfortable settings that are neither mentally nor physically traumatizing. These great Americans deserve our efforts to ensure that they are better able to age in place. I ask my colleagues to join me in support of this bill.

Sen. Benjamin L. CardinD-MD · Jun 28, 2012

Mr. President, I rise today on behalf of myself and Senators Kirk and Mikulski to introduce the Responding to Urgent needs of Survivors of the Holocaust Act or the RUSH Act. Our bill will provide…

Mr. President, I rise today on behalf of myself and Senators Kirk and Mikulski to introduce the Responding to Urgent needs of Survivors of the Holocaust Act or the RUSH Act.

Bill Text

Latest available legislative text

Reading Mode

Raw Text PDF XML

Introduced in SenateIssued June 28, 2012

112th CONGRESS

2d Session

S. 3358

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.

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.

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.

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.

Responding to the needs of Holocaust survivors

Definition, grants, and other programs

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.

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,.

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,.

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,.

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,.

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).

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.

Activities for health, independence, and longevity

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:

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.

Functions within Administration for Community Living to assist Holocaust survivors

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.

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.

Nutrition services for all older individuals

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.