TIME for Holocaust Survivors Act

I 116TH CONGRESS 1ST SESSION H. R. 4077 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 JULY 25, 2019 Ms. WASSERMAN SCHULTZ (for herself, Ms. SHALALA, Ms. STEFANIK, Mr. HASTINGS, Mr. WEBER of Texas, Mr. SUOZZI, Mr. KING of New York, Mr. TAKANO, Mr. STIVERS, Ms. WILSON of Florida, Mr. FITZPATRICK, Mr. TED LIEU of California, Mr. JOYCE of Ohio, Mr. COHEN, Mrs. ROD- GERS of Washington, Ms. JAYAPAL, Mr. BACON, Ms. SCHAKOWSKY, Mrs. CAROLYN B. MALONEY of New York, Mr. ESPAILLAT, Mr. DEUTCH, Mr. GOTTHEIMER, Mr. RASKIN, Ms. WILD, Ms. STEVENS, and Mr. ZELDIN) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Older Americans Act of 1965 to provide social service agencies with the resources to provide serv- ices to meet the urgent needs of Holocaust survivors to age in place with dignity, comfort, security, and qual- ity of life. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:52 Jul 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4077.IH H4077 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 4077 IH SECTION 1. SHORT TITLE. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Trauma-Informed Modernization of Eldercare for Holo- 3 caust Survivors Act’’ or the ‘‘TIME for Holocaust Sur- 4 vivors Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title. Sec. 2. Findings. Sec. 3. Purposes. TITLE I—RESPONDING TO THE NEEDS OF HOLOCAUST SURVIVORS Subtitle A—Definitions, Grants for State and Community Programs, and Other Programs Sec. 101. Definitions. Sec. 102. Organization. Sec. 103. Area plans. Sec. 104. State plans. Sec. 105. Consumer contributions. Sec. 106. National Family Caregiver Support 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. Sec. 113. National Resource Center for Older Individuals Experiencing the Long-Term and Adverse Consequences of Trauma. Sec. 114. Definitions. TITLE II—NUTRITION SERVICES FOR OLDER INDIVIDUALS Sec. 201. Nutrition services. TITLE III—TRANSPORTATION Sec. 301. Transportation services and resources. SEC. 2. FINDINGS. 8 Congress finds the following: 9 (1) During the Holocaust, which took place 10 from 1933 through 1945, an estimated 6,000,000 11 VerDate Sep 11 2014 21:52 Jul 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4077.IH H4077 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 4077 IH Jews, as well as millions of victims from other tar- 1 geted groups, were murdered by the Nazis and their 2 collaborators. 3 (2) More than 200,000 Jews fleeing from Nazi- 4 occupied territory found refuge in the United States 5 from 1933 through 1945, and approximately 6 137,000 additional Jewish refugees settled in the 7 United States from 1945 through 1952. 8 (3) Hundreds of thousands of additional Jewish 9 refugees continued to immigrate to the United 10 States from Europe and countries of the former So- 11 viet Union during the subsequent decades. 12 (4) The number of Holocaust survivors living in 13 the United States at the end of 2018 was approxi- 14 mately 80,000 individuals, down from an estimated 15 127,000 in 2010. 16 (5) Every Holocaust survivor is now at least 74 17 years old, most are in at least their mid-to-late 18 eighties, and many are in their nineties and beyond. 19 (6) One-third of all Holocaust survivors in the 20 United States live at or below the official poverty 21 threshold (as defined by the Bureau of the Census), 22 including more than half of the Holocaust survivors 23 who emigrated from the countries of the former So- 24 viet Union. 25 VerDate Sep 11 2014 21:52 Jul 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4077.IH H4077 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 4077 IH (7) Holocaust survivors continue to live with 1 the unique mental and physical scars of the uncon- 2 scionable trauma caused by the Holocaust, and while 3 institutionalized settings are beneficial for some, cer- 4 tain aspects of institutionalization may have particu- 5 larly adverse effects on Holocaust survivors. 6 (8) For many Holocaust survivors, institutional- 7 ized settings produce sights, sounds, smells, emo- 8 tions, and routines that can induce panic, anxiety, 9 and re-traumatization as a result of experiences 10 from the Holocaust. 11 (9) Holocaust survivors are more economically 12 and socially vulnerable, report poorer health and 13 more health problems, and have greater social serv- 14 ice needs, than other older individuals. 15 (10) In comparison to most other older individ- 16 uals, low-income Holocaust survivors are more reli- 17 ant on social service programs that provide services 18 such as personal care, provision of home-delivered 19 and congregate meals, transportation, counseling, 20 and mental health support to promote health and 21 quality of life. 22 (11) Community organizations serving Holo- 23 caust survivors report that approximately one-quar- 24 ter of Holocaust survivors live alone, and living alone 25 VerDate Sep 11 2014 21:52 Jul 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4077.IH H4077 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 4077 IH is a risk factor for hospitalization and nursing home 1 admission, poverty, falls, depression, poor nutrition, 2 social isolation, and loneliness, which have been as- 3 sociated with poor health outcomes and an increased 4 risk of death. 5 (12) Community organizations serving Holo- 6 caust survivors report that transportation is vital to 7 help Holocaust survivors attend medical appoint- 8 ments, shop and purchase necessary items, visit 9 family and friends, and participate in cultural, rec- 10 reational, or social events, such as congregate meals 11 or religious services. 12 (13) As the general population of older individ- 13 uals increases in the United States and many public 14 or philanthropic resources remain constant, pro- 15 viders serving Holocaust survivors need additional 16 capacity to cover needed services. 17 (14) The Administration for Community Living 18 in the Department of Health and Human Services 19 serves as the Federal agency responsible for increas- 20 ing access to community supports for, focusing at- 21 tention and resources on the unique needs of, older 22 individuals and individuals with disabilities across 23 their lifespans. 24 VerDate Sep 11 2014 21:52 Jul 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4077.IH H4077 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 4077 IH (15) The mission of the Administration for 1 Community Living is to maximize the independence, 2 well-being, and health of older individuals, individ- 3 uals with disabilities, and their families and care- 4 givers. 5 (16) The Administration for Community Living 6 in 2017 issued guidance entitled ‘‘ACL Guidance for 7 Outreach and Providing Services for Holocaust Sur- 8 vivors’’ in accordance with a requirement of the 9 Older Americans Act Reauthorization Act of 2016 10 which states that the Assistant Secretary for Aging 11 shall ‘‘issue guidance to States, that shall be applica- 12 ble to States, area agencies on aging, and providers 13 of services for older individuals, with respect to serv- 14 ing Holocaust survivors, including guidance on 15 promising practices for conducting outreach to that 16 population.’’. 17 (17) Many social service agencies that receive 18 funding under the Older Americans Act of 1965 for 19 home-delivered or congregate meals serve diverse 20 seniors, including Holocaust survivors, with special- 21 ized dietary needs based on religious, cultural, or 22 ethnic requirements, and the necessary special meals 23 often cost more than other meals. 24 VerDate Sep 11 2014 21:52 Jul 26, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4077.IH H4077 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 4077 IH SEC. 3. PURPOSES. 1 The purposes of this Act are— 2 (1) to include ‘‘older individuals who are Holo- 3 caust survivors’’ in the list of groups that receive 4 preference, as specified in section 305(a)(2)(E) of 5 the Older Americans Act of 1965, for services pro- 6 vided under that Act; 7 (2) to require the designation within the Ad- 8 ministration for Community Living of an individual 9 to have responsibility for the provision of services to 10 older individuals who are Holocaust survivors; 11 (3) to promote technical assistance and training 12 for agencies that serve older individuals experiencing 13 the long-term and adverse consequences of trauma; 14 (4) to ensure that the providers of nutrition 15 services through the Older Americans Act of 1965 16 can meet the special health-related or other dietary 17 needs of program participants; and 18 (5) to help meet the urgent transportation 19 needs of Holocaust survivors. 20 VerDate Sep 11 2014 21:52 Jul 26, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4077.IH H4077 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 4077 IH TITLE I—RESPONDING TO THE 1 NEEDS OF HOLOCAUST SUR- 2 VIVORS 3 Subtitle A—Definitions, Grants for 4 State and Community Pro- 5 grams, and Other Programs 6 SEC. 101. DEFINITIONS. 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 (40) and paragraphs (41) through (54) as para- 19 graphs (27) through (41) and paragraphs (43) 20 through (56), respectively; 21 (3) by inserting after paragraph (25) the fol- 22 lowing: 23 ‘‘(26) The term ‘Holocaust survivor’ means an 24 individual who— 25 VerDate Sep 11 2014 21:52 Jul 26, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4077.IH H4077 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 4077 IH ‘‘(A)(i) lived in a country in a year not 1 earlier than 1933 and not later than 1945 2 under a Nazi regime, under Nazi occupation, or 3 under the control of Nazi collaborators; or 4 ‘‘(ii) fled from a country in a year de- 5 scribed in clause (i) under a Nazi regime, under 6 Nazi occupation, or under the control of Nazi 7 collaborators; 8 ‘‘(B) was persecuted in a year described in 9 clause (i) on the basis of race, religion, physical 10 or mental disability, sexual orientation, political 11 affiliation, ethnicity, or other basis; and 12 ‘‘(C) was a member of a group that was 13 persecuted by the Nazis.’’; and 14 (4) by inserting after paragraph (41) the fol- 15 lowing: 16 ‘‘(42) The term ‘person-centered, trauma-in- 17 formed’, used with respect to care, means care pro- 18 vided through an aging program, policy, or proce- 19 dure, that uses a holistic approach to service provi- 20 sion that promotes the dignity, strength, and em- 21 powerment of trauma victims by incorporating 22 knowledge about the role of trauma in trauma vic- 23 tims’ lives.’’. 24 VerDate Sep 11 2014 21:52 Jul 26, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4077.IH H4077 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 4077 IH SEC. 102. ORGANIZATION. 1 Section 305(a) of the Older Americans Act of 1965 2 (42 U.S.C. 3025(a)) is amended— 3 (1) in paragraph (1)(E), by inserting ‘‘older in- 4 dividuals who are Holocaust survivors,’’ after ‘‘pro- 5 ficiency,’’ each place it appears; and 6 (2) in paragraph (2)(E), by inserting ‘‘older in- 7 dividuals who are Holocaust survivors,’’ after ‘‘pro- 8 ficiency,’’. 9 SEC. 103. AREA PLANS. 10 Section 306 of the Older Americans Act of 1965 (42 11 U.S.C. 3026) is amended— 12 (1) in subsection (a)— 13 (A) in paragraph (1), by inserting ‘‘older 14 individuals who are Holocaust survivors,’’ after 15 ‘‘proficiency,’’ each place it appears; 16 (B) in paragraph (4)— 17 (i) in subparagraph (A)— 18 (I) in clause (i)(I)(bb), by insert- 19 ing ‘‘older individuals who are Holo- 20 caust survivors,’’ after ‘‘proficiency,’’; 21 and 22 (II) in clause (ii), by inserting 23 ‘‘older individuals who are Holocaust 24 survivors,’’ after ‘‘proficiency,’’ each 25 place it appears; 26 VerDate Sep 11 2014 21:52 Jul 26, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4077.IH H4077 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 4077 IH (ii) in subparagraph (B)(i)— 1 (I) in subclause (VI), by striking 2 ‘‘and’’ at the end; and 3 (II) by inserting after subclause 4 (VII) the following: 5 ‘‘(VIII) older individuals who are 6 Holocaust survivors; and’’; and 7 (iii) in subparagraph (B)(ii), by strik- 8 ing ‘‘subclauses (I) through (VI)’’ and in- 9 serting ‘‘subclauses (I) through (VIII)’’; 10 and 11 (C) in paragraph (7)(B)(iii), by inserting 12 ‘‘, in particular, older individuals who are Holo- 13 caust survivors,’’ after ‘‘placement’’; and 14 (2) in subsection (b)(2)(B), by inserting ‘‘older 15 individuals who are Holocaust survivors,’’ after 16 ‘‘areas,’’. 17 SEC. 104. STATE PLANS. 18 Section 307(a) of the Older Americans Act of 1965 19 (42 U.S.C. 3027(a)) is amended— 20 (1) in paragraph (4), by inserting ‘‘older indi- 21 viduals who are Holocaust survivors,’’ after ‘‘pro- 22 ficiency,’’; 23 (2) in paragraph (16)— 24 (A) in subparagraph (A)— 25 VerDate Sep 11 2014 21:52 Jul 26, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4077.IH H4077 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 4077 IH (i) in clause (v), by striking ‘‘and’’ at 1 the end; and 2 (ii) by adding at the end the fol- 3 lowing: 4 ‘‘(vii) older individuals who are Holo- 5 caust survivors; and’’; and 6 (B) in subparagraph (B), by striking 7 ‘‘clauses (i) through (vi)’’ and inserting 8 ‘‘clauses (i) through (vii)’’; and 9 (3) in paragraph (28)(B)(ii), by inserting 10 ‘‘older individuals who are Holocaust survivors,’’ 11 after ‘‘areas,’’. 12 SEC. 105. CONSUMER CONTRIBUTIONS. 13 Section 315 of the Older Americans Act of 1965 (42 14 U.S.C. 3030c–2) is amended— 15 (1) in subsection (c)(2), by inserting ‘‘older in- 16 dividuals who are Holocaust survivors,’’ after ‘‘pro- 17 ficiency,’’; and 18 (2) in subsection (d), by inserting ‘‘older indi- 19 viduals who are Holocaust survivors,’’ after ‘‘pro- 20 ficie [Text truncated for display. Full text available on Congress.gov.]