[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 333 Reported in Senate (RS)]






                                                       Calendar No. 740
108th CONGRESS
  2d Session
                                 S. 333

           To promote elder justice, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2003

 Mr. Breaux (for himself, Mr. Hatch, Mr. Baucus, Mr. Bond, Mr. Burns, 
  Ms. Collins, Mr. Harkin, Mr. Kohl, Ms. Landrieu, Mrs. Lincoln, Mr. 
   Nelson of Florida, Mr. Rockefeller, Mr. Santorum, Mr. Smith, Mr. 
  Jeffords, Mr. Miller, Ms. Stabenow, Mr. Fitzgerald, Mr. Durbin, Mr. 
 Bingaman, Mr. Domenici, Mr. Schumer, Mr. Bunning, Mr. Hollings, Mrs. 
 Clinton, Ms. Mikulski, Mr. Chambliss, Mr. Voinovich, Mr. Pryor, Mrs. 
   Murray, Mr. Graham of South Carolina, Mrs. Boxer, Mr. Dayton, Mr. 
   Specter, Mr. Corzine, Mr. Sarbanes, Mr. Reed, Mr. Lautenberg, Mr. 
Craig, Mr. DeWine, Mr. Warner, Mr. Bayh, Ms. Snowe, Mr. Wyden, and Ms. 
   Cantwell) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

                           September 28, 2004

              Reported by Mr. Grassley, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
           To promote elder justice, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Elder 
Justice Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Purposes.
       <DELETED>TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES

<DELETED>Sec. 101. Amendment to the social security act.
<DELETED>Sec. 102. Patient abuse prevention.
<DELETED>Sec. 103. Increasing the number of health care professionals 
                            with geriatric training.
<DELETED>Sec. 104. Supporting the long-term care ombudsman program. 
<DELETED>Sec. 105. Establishment of office of adult protective 
                            services.
<DELETED>Sec. 106. Assuring safety of residents when nursing facilities 
                            close.
                <DELETED>TITLE II--DEPARTMENT OF JUSTICE

<DELETED>Sec. 201. Definitions; rule.
<DELETED>Sec. 202. Model State laws and practices.
<DELETED>Sec. 203. Office of elder justice of the department of 
                            justice.
<DELETED>Sec. 204. Grants under the social security act.
<DELETED>Sec. 205. Victim advocacy grants.
<DELETED>Sec. 206. Supporting local prosecutors in elder justice 
                            matters.
<DELETED>Sec. 207. Supporting State prosecutors in elder justice 
                            matters.
<DELETED>Sec. 208. Supporting Federal cases involving elder justice.
<DELETED>Sec. 209. Community policing.
<DELETED>Sec. 210. Supporting law enforcement in elder justice matters.
<DELETED>Sec. 211. Evaluations.
<DELETED>Sec. 212. Authorization of appropriations.
<DELETED>Sec. 213. Cause of action for elder abuse and neglect.
<DELETED>Sec. 214. Civil actions for elder abuse and neglect.
                   <DELETED>TITLE III--TAX PROVISIONS

<DELETED>Sec. 301. Long-term care facility worker employment tax 
                            credit.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) The proportion of the United States population 
        age 60 years or older will drastically increase in the next 30 
        years as 77,000,000 baby boomers approach retirement and old 
        age.</DELETED>
        <DELETED>    (2) Each year, anywhere between 500,000 and 
        5,000,000 elders in the United States are abused, neglected, or 
        exploited.</DELETED>
        <DELETED>    (3) Elder abuse, neglect, and exploitation have no 
        boundaries, and cross all racial, social class, gender, and 
        geographic lines.</DELETED>
        <DELETED>    (4) Victims of elder abuse, neglect, and 
        exploitation are not only subject to injury from mistreatment 
        and neglect, they are also 3.1 times more likely to die at an 
        earlier age than expected than elders who were not victims of 
        elder abuse, neglect, and exploitation.</DELETED>
        <DELETED>    (5) There is a general dearth of data as to the 
        nature and scope of elder abuse, neglect, and 
        exploitation.</DELETED>
        <DELETED>    (6) Despite the dearth of data in the field, 
        experts agree that most cases of elder abuse, neglect, and 
        exploitation are never reported and that abuse and neglect 
        shorten a victim's life, often triggering a downward spiral of 
        an otherwise productive, self-sufficient elder's life. Programs 
        addressing other difficult issues such as domestic violence and 
        child abuse and neglect have demonstrated the need for a multi-
        faceted law, combining public health, social service, and law 
        enforcement approaches.</DELETED>
        <DELETED>    (7) For over 20 years, Congress has been presented 
        with facts and testimony calling for a coordinated Federal 
        effort to combat elder abuse, neglect, and 
        exploitation.</DELETED>
        <DELETED>    (8) The Federal Government has been slow to 
        respond to the needs of victims of elder abuse, neglect, and 
        exploitation or to undertake prevention efforts.</DELETED>
        <DELETED>    (9) No Federal law has been enacted that 
        adequately and comprehensively addresses the issues of elder 
        abuse, neglect, and exploitation and there are very limited 
        resources available to those in the field directly dealing with 
        these issues.</DELETED>
        <DELETED>    (10) Differences in State laws and practices in 
        the areas of elder abuse, neglect, and exploitation lead to 
        significant disparities in prevention, protective and social 
        services, treatment systems, and law enforcement, and lead to 
        other inequities.</DELETED>
        <DELETED>    (11) The Federal Government has played an 
        important role in promoting research, training, public safety, 
        data collection, the identification, development, and 
        dissemination of promising health care, social, and protective 
        services, and law enforcement practices, relating to child 
        abuse and neglect, domestic violence, and violence against 
        women. The Federal Government should promote similar efforts 
        and protections relating to elder abuse, neglect, and 
        exploitation.</DELETED>
        <DELETED>    (12) The Federal Government should provide 
        leadership and assist States and communities in their efforts 
        to protect elders in the United States by--</DELETED>
                <DELETED>    (A) promoting coordinated planning among 
                all levels of government;</DELETED>
                <DELETED>    (B) generating and sharing knowledge 
                relevant to protecting elders;</DELETED>
                <DELETED>    (C) providing leadership to combat the 
                abuse, neglect, and exploitation of the Nation's 
                elders; and</DELETED>
                <DELETED>    (D) providing resources to States and 
                communities to promote elder justice.</DELETED>
        <DELETED>    (13) The problem of elder abuse, neglect, and 
        exploitation requires a comprehensive approach that--</DELETED>
                <DELETED>    (A) integrates the work of health, legal, 
                and social service agencies and 
                organizations;</DELETED>
                <DELETED>    (B) emphasizes the need for prevention, 
                reporting, investigation, assessment, treatment, and 
                prosecution of elder abuse, neglect, and exploitation 
                at all levels of government;</DELETED>
                <DELETED>    (C) ensures that sufficient numbers of 
                properly trained personnel with specialized knowledge 
                are in place to treat, assess, and provide services 
                relating to elder abuse, neglect, and exploitation, and 
                carry out elder and vulnerable adult protection 
                duties;</DELETED>
                <DELETED>    (D) is sensitive to ethnic and cultural 
                diversity;</DELETED>
                <DELETED>    (E) recognizes the role of mental health, 
                disability, dementia, substance abuse, medication 
                mismanagement, and family dysfunction problems in 
                increasing and exacerbating elder abuse, neglect, and 
                exploitation; and</DELETED>
                <DELETED>    (F) balances adults' right to self-
                determination with society's responsibility to protect 
                elders and vulnerable adults.</DELETED>
        <DELETED>    (14) The human, social, and economic cost of elder 
        abuse, neglect, and exploitation is high and includes 
        unnecessary expenditures of medicare and medicaid 
        funds.</DELETED>
        <DELETED>    (15) The failure to coordinate activities relating 
        to, and comprehensively prevent and treat, elder abuse, 
        neglect, and exploitation threatens the future and well-being 
        of millions of elders in the United States.</DELETED>
        <DELETED>    (16) All elements of society in the United States 
        have a shared responsibility in responding to a national 
        problem of elder abuse, neglect, and exploitation.</DELETED>

<DELETED>SEC. 3. PURPOSES.</DELETED>

<DELETED>    The purposes of this Act are as follows:</DELETED>
        <DELETED>    (1) To bring a comprehensive approach to 
        preventing and combating elder abuse, neglect, and 
        exploitation, a long invisible problem that afflicts the most 
        vulnerable among the aging population of the United 
        States.</DELETED>
        <DELETED>    (2) To raise the issue of elder abuse, neglect, 
        and exploitation to national attention, and to create the 
        infrastructure at the Federal, State, and local levels, to 
        assure that individuals and organizations on the front lines, 
        who are fighting elder abuse, neglect, and exploitation with 
        scarce resources and fragmented systems, have the resources and 
        information needed to carry out their fight.</DELETED>
        <DELETED>    (3) To bring a comprehensive multi-disciplinary 
        approach to elder justice.</DELETED>
        <DELETED>    (4) To set in motion research and data collection 
        to fill gaps in knowledge about elder abuse, neglect, and 
        exploitation.</DELETED>
        <DELETED>    (5) To supplement the activities of service 
        providers and programs, to enhance training, and to leverage 
        scarce resources efficiently to ensure that elder justice 
        receives the attention it deserves as the Nation's population 
        ages.</DELETED>
        <DELETED>    (6) To examine the many different laws and 
        practices relating to elder justice in different States and 
        jurisdictions to ascertain which among those laws and practices 
        are the most effective.</DELETED>
        <DELETED>    (7) To promote the development of an effective 
        adult fiduciary system, including an adult guardianship system, 
        that protects individuals with diminished capacity, maximizes 
        their autonomy, and develops effective resources and an elder 
        rights system.</DELETED>
        <DELETED>    (8) To recognize and address the role of mental 
        health, disability, dementia, substance abuse, medication 
        mismanagement, and family dysfunction problems in increasing 
        and exacerbating elder abuse, neglect and 
        exploitation.</DELETED>
        <DELETED>    (9) To create a short- and long-term strategic 
        plan for the development and coordination of elder justice 
        research, programs, studies, training, and other efforts 
        nationwide.</DELETED>
        <DELETED>    (10) To promote collaborative efforts and diminish 
        overlap and gaps in efforts in developing the important field 
        of elder justice.</DELETED>

  <DELETED>TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES</DELETED>

<DELETED>SEC. 101. AMENDMENT TO THE SOCIAL SECURITY ACT.</DELETED>

<DELETED>    The Social Security Act (42 U.S.C. 301 et seq.) is amended 
by adding at the end the following:</DELETED>

             <DELETED>``TITLE XXII--ELDER JUSTICE</DELETED>

<DELETED>``SEC. 2201. DEFINITIONS; RULE.</DELETED>

<DELETED>    ``(a) Definitions.--In this title:</DELETED>
        <DELETED>    ``(1) Abuse.--The term `abuse' means the knowing 
        infliction of physical or psychological harm or the knowing 
        deprivation of goods or services that are necessary to meet 
        essential needs or to avoid physical or psychological 
        harm.</DELETED>
        <DELETED>    ``(2) Adult protective services.--The term `adult 
        protective services' means those services provided to elders 
        and to people age 18 and older with disabilities who are, or 
        who are in danger of being, abused, neglected, or exploited, 
        who are unable to protect themselves, or who have no one to 
        assist them adequately. The term includes services such as 
        disseminating reports of adult abuse, neglect or exploitation, 
        investigating those reports, case planning, monitoring, 
        evaluation, providing other case work and services, and 
        providing, arranging for, or facilitating the provision of 
        medical, social service, economic, legal, housing, law 
        enforcement, or other protective, emergency, or support 
        services.</DELETED>
        <DELETED>    ``(3) Caregiver.--The term `caregiver' means an 
        individual who has the responsibility for the care of an elder, 
        either voluntarily, by contract, by receipt  of payment for 
care, or as a result of the operation of law and means a family member 
or other individual who provides (on behalf of such individual or of a 
public or private agency, organization, or institution) compensated or 
uncompensated care to an elder who needs supportive services in any 
setting.</DELETED>
        <DELETED>    ``(4) Direct care.--The term `direct care' means 
        care by an employee or contractor who provides assistance or 
        long-term care services to a recipient.</DELETED>
        <DELETED>    ``(5) Elder.--The term `elder' means an individual 
        age 60 or older.</DELETED>
        <DELETED>    ``(6) Elder justice.--The term `elder justice' 
        means--</DELETED>
                <DELETED>    ``(A) from a societal perspective, efforts 
                to prevent, detect, treat, intervene in, and prosecute 
                elder abuse, neglect, and exploitation and to protect 
                elders with diminished capacity while maximizing their 
                autonomy; and</DELETED>
                <DELETED>    ``(B) from an individual perspective, the 
                recognition of an elder's rights, including the right 
                to be free of abuse, neglect, and 
                exploitation.</DELETED>
        <DELETED>    ``(7) Eligible entity.--The term `eligible entity' 
        means a State or local government agency, Indian tribe, or any 
        other public or private entity that is engaged in and has 
        expertise in issues relating to elder justice or in a field 
        necessary to promote elder justice efforts.</DELETED>
        <DELETED>    ``(8) Exploitation.--The term `exploitation' means 
        the fraudulent or otherwise illegal, unauthorized, or improper 
        act or process of an individual, including a caregiver or 
        fiduciary, that uses the resources of an elder for monetary or 
        personal benefit, profit, gain, or that results in depriving an 
        elder of rightful access to, or use of, benefits, resources, 
        belongings, or assets.</DELETED>
        <DELETED>    ``(9) Fiduciary.--The term `fiduciary'--</DELETED>
                <DELETED>    ``(A) means a person or entity with the 
                legal responsibility--</DELETED>
                        <DELETED>    ``(i) to make decisions on behalf 
                        of and for the benefit of another person; 
                        and</DELETED>
                        <DELETED>    ``(ii) to act in good faith and 
                        with fairness; and</DELETED>
                <DELETED>    ``(B) includes a trustee, a guardian, a 
                conservator, an executor, an agent under a financial 
                power of attorney or health care power of attorney, or 
                a representative payee.</DELETED>
        <DELETED>    ``(10) Grant.--The term `grant' includes a 
        contract, cooperative agreement, or other mechanism for 
        providing financial assistance.</DELETED>
        <DELETED>    ``(11) Granting authority.--The term `granting 
        authority' means the Secretary of Health and Human Services, 
        the Attorney General, or the Secretary of Health and Human 
        Services and the Attorney General jointly, as 
        appropriate.</DELETED>
        <DELETED>    ``(12) Guardianship.--The term `guardianship' 
        means--</DELETED>
                <DELETED>    ``(A) the process by which a State court 
                determines that an adult individual lacks capacity to 
                make decisions about self-care and property, and 
                appoints another individual or entity known as a 
                guardian, as a conservator, or by a similar term, as 
                surrogate decisionmaker;</DELETED>
                <DELETED>    ``(B) the manner in which the court-
                appointed surrogate carries out duties to the 
                individual and the court; or</DELETED>
                <DELETED>    ``(C) the manner in which the court 
                exercises oversight of the surrogate.</DELETED>
        <DELETED>    ``(13) Indian.--The term `Indian' means a person 
        who is a member of an Indian tribe.</DELETED>
        <DELETED>    ``(14) Indian tribe.--The term `Indian tribe' 
        means any Indian tribe, band, nation, or other organized group 
        or community, including any Alaska Native village or regional 
        corporation as defined in or established pursuant to the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is 
        recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians.</DELETED>
        <DELETED>    ``(15) Knowingly.--The term `knowingly' has the 
        meaning given such term in section 3729(b) of title 31, United 
        States Code.</DELETED>
        <DELETED>    ``(16) Law enforcement.--The term `law 
        enforcement' means the full range of potential responders to 
        elder abuse, neglect, and exploitation including--</DELETED>
                <DELETED>    ``(A) police, sheriffs, detectives, public 
                safety officers, and corrections personnel;</DELETED>
                <DELETED>    ``(B) prosecutors;</DELETED>
                <DELETED>    ``(C) medical examiners;</DELETED>
                <DELETED>    ``(D) investigators; and</DELETED>
                <DELETED>    ``(E) coroners.</DELETED>
        <DELETED>    ``(17) Long-term care.--</DELETED>
                <DELETED>    ``(A) In general.--The term `long-term 
                care' means a wide range of supportive and health 
                services for individuals who need assistance because 
                the individuals have a loss of capacity for self-care 
                due to illness, disability, or vulnerability.</DELETED>
                <DELETED>    ``(B) Need for assistance.--For purposes 
                of subparagraph (A), a need for assistance is often 
                measured in terms of the capability to engage in 
                activities of daily living, including eating, dressing, 
                bathing, and management of one's financial 
                affairs.</DELETED>
        <DELETED>    ``(18) Long-term care facility.--The term `long-
        term care facility' means a residential care provider that 
        arranges for, or directly provides, long-term care.</DELETED>
        <DELETED>    ``(19) Neglect.--The term `neglect' means--
        </DELETED>
                <DELETED>    ``(A) the failure of a caregiver or 
                fiduciary to provide the goods or services that are 
                necessary to maintain the health or safety of an elder; 
                or</DELETED>
                <DELETED>    ``(B) self-neglect.</DELETED>
        <DELETED>    ``(20) Nursing facility.--The term `nursing 
        facility' has the meaning given such term under section 
        1919(a).</DELETED>
        <DELETED>    ``(21) Self-neglect.--The term `self-neglect' 
        means an adult's inability, due to physical or mental 
        impairment or diminished capacity, to perform essential self-
        care tasks including--</DELETED>
                <DELETED>    (A) obtaining essential food, clothing, 
                shelter, and medical care;</DELETED>
                <DELETED>    (B) obtaining goods and services necessary 
                to maintain physical health, mental health, or general 
                safety; or</DELETED>
                <DELETED>    (C) managing one's own financial 
                affairs.</DELETED>
        <DELETED>    ``(22) Serious bodily injury.--</DELETED>
                <DELETED>    ``(A) In general.--The term `serious 
                bodily injury' means an injury--</DELETED>
                        <DELETED>    ``(i) involving extreme physical 
                        pain;</DELETED>
                        <DELETED>    ``(ii) involving substantial risk 
                        of death;</DELETED>
                        <DELETED>    ``(iii) involving protracted loss 
                        or impairment of the function of a bodily 
                        member, organ, or mental faculty; or</DELETED>
                        <DELETED>    ``(iv) requiring medical 
                        intervention such as surgery, hospitalization, 
                        or physical rehabilitation.</DELETED>
                <DELETED>    ``(B) Criminal sexual abuse.--Serious 
                bodily injury shall be considered to have occurred if 
                the conduct causing the injury is conduct constituting 
                aggravated sexual abuse under section 2241, or sexual 
                abuse under section 2242, of title 18, United States 
                Code, or any similar offense under State law.</DELETED>
        <DELETED>    ``(23) Social.--The term `social', when used with 
        respect to a service, includes adult protective 
        services.</DELETED>
        <DELETED>    ``(24) State.--The term `State' means any of the 
        several States, the District of Columbia, the Commonwealth of 
        Puerto Rico, and any other possession or territory of the 
        United States.</DELETED>
        <DELETED>    ``(25) State long-term care ombudsman.--The term 
        `State Long-Term Care Ombudsman' means the State Long-Term Care 
        Ombudsman described in section 712(a)(2) of the Older Americans 
        Act of 1965 (42 U.S.C. 3058g(a)(2)).</DELETED>
        <DELETED>    ``(26) Underserved population.--The term 
        `underserved population' means the population of an area 
        designated by the Secretary as an area with a shortage of elder 
        justice programs or a population group designated by the 
        Secretary as having a shortage of such programs. Such areas or 
        groups designated by the Secretary may include--</DELETED>
                <DELETED>    ``(A) areas or groups that are 
                geographically isolated (such as isolated in a rural 
                area);</DELETED>
                <DELETED>    ``(B) racial and ethnic minority 
                populations; and</DELETED>
                <DELETED>    ``(C) populations underserved because of 
                special needs (such as language barriers, disabilities, 
                alien status, or age).</DELETED>
        <DELETED>    ``(27) Vulnerable adult.--The term `vulnerable 
        adult' means an adult, age 18 or older, who needs protections 
        and programs that are the same as or similar to protections and 
        programs for elders, including an adult who, due to a 
        developmental, cognitive, psychological, physical, or other 
        type of disability, may be abused, neglected, or 
        exploited.</DELETED>
<DELETED>    ``(b) Rule.--The Secretary may determine, in an 
appropriate case, that a provision of this title that applies to elders 
also applies to vulnerable adults.</DELETED>

     <DELETED>``Subtitle A--Federal Elder Justice System</DELETED>

<DELETED>``SEC. 2211. OFFICE OF ELDER JUSTICE OF THE DEPARTMENT OF 
              HEALTH AND HUMAN SERVICES.</DELETED>

<DELETED>    ``(a) Establishment.--There is established within the 
Department of Health and Human Services under the Assistant Secretary 
for Aging an Office of Elder Justice.</DELETED>
<DELETED>    ``(b) Director.--</DELETED>
        <DELETED>    ``(1) Appointment.--The President, with the advice 
        and consent of the Senate, shall appoint a Director of the 
        Office of Elder Justice, from among individuals with experience 
        and expertise in elder justice issues, to manage the Office of 
        Elder Justice established under this section.</DELETED>
        <DELETED>    ``(2) Duties.--The Director of the Office of Elder 
        Justice shall--</DELETED>
                <DELETED>    ``(A)(i) develop objectives, priorities, 
                policy, and a long-term plan for elder justice programs 
                and activities relating to prevention, detection, 
                training, treatment, evaluation, intervention, 
                research, and improvement of the elder justice system 
                in the United States;</DELETED>
                <DELETED>    ``(ii) implement the overall policy and a 
                strategy to carry out the plan described in clause (i); 
                and</DELETED>
                <DELETED>    ``(iii) hire personnel to assist the 
                director in carrying out the policy, program, and 
                administrative activities related to the duties under 
                clauses (i) and (ii);</DELETED>
                <DELETED>    ``(B) provide advice to the Secretary on 
                elder justice issues; and</DELETED>
                <DELETED>    ``(C) coordinate activities with the 
                Senior Advisor on Elder Justice.</DELETED>
        <DELETED>    ``(3) Reporting relationship.--The Director of the 
        Office of Elder Justice shall report to the Assistant Secretary 
        for Aging.</DELETED>
        <DELETED>    ``(4) Compensation.--The Director shall be 
        compensated at a rate that shall not exceed the rate 
        established for level I of the Executive Schedule under section 
        5312 of title 5, United States Code.</DELETED>
<DELETED>    ``(c) Senior Advisor.--</DELETED>
        <DELETED>    ``(1) Appointment.--The Secretary shall appoint a 
        Senior Advisor on Elder Justice, from among individuals with 
        experience and expertise in elder justice issues.</DELETED>
        <DELETED>    ``(2) Duties.--The Senior Advisor on Elder Justice 
        shall--</DELETED>
                <DELETED>    ``(A) coordinate elder justice activities 
                among all relevant divisions, offices, and components 
                of the Department of Health and Human 
                Services;</DELETED>
                <DELETED>    ``(B) serve as the chairperson of the 
                Intra-Agency Elder Justice Steering Committee 
                established under section 2212; and</DELETED>
                <DELETED>    ``(C) provide advice to the Secretary on 
                elder justice issues.</DELETED>
        <DELETED>    ``(3) Location.--The Senior Advisor on Elder 
        Justice shall be located in the Office of the 
        Secretary.</DELETED>
        <DELETED>    ``(4) Position.--The position of the Senior 
        Advisor on Elder Justice shall be a Senior Executive Service 
position, as defined in section 3132 of title 5, United States 
Code.</DELETED>

<DELETED>``SEC. 2212. HEALTH AND HUMAN SERVICES INTRA-AGENCY ELDER 
              JUSTICE STEERING COMMITTEE.</DELETED>

<DELETED>    ``(a) In General.--There is established within the 
Department of Health and Human Services an Intra-Agency Elder Justice 
Steering Committee (in this section referred to as the `steering 
committee') to coordinate the elder justice programs and policy of the 
Department of Health and Human Services.</DELETED>
<DELETED>    ``(b) Membership.--The steering committee shall be 
composed of representatives, appointed by the Secretary, from--
</DELETED>
        <DELETED>    ``(1) the Administration on Aging;</DELETED>
        <DELETED>    ``(2) the National Institute on Aging;</DELETED>
        <DELETED>    ``(3) the Centers for Medicare & Medicaid 
        Services;</DELETED>
        <DELETED>    ``(4) the Centers for Disease Control and 
        Prevention;</DELETED>
        <DELETED>    ``(5) the Agency for Healthcare Research and 
        Quality;</DELETED>
        <DELETED>    ``(6) the Administration for Children and 
        Families, including a representative who works in adult 
        protective services;</DELETED>
        <DELETED>    ``(7) the Office of the Assistant Secretary for 
        Planning and Evaluation;</DELETED>
        <DELETED>    ``(8) the Health Resources and Services 
        Administration;</DELETED>
        <DELETED>    ``(9) the Substance Abuse and Mental Health 
        Services Administration;</DELETED>
        <DELETED>    ``(10) the Indian Health Service; and</DELETED>
        <DELETED>    ``(11) such other offices or divisions within the 
        Department of Health and Human Services as the Secretary 
        determines appropriate.</DELETED>
<DELETED>    ``(c) Duties.--The steering committee shall coordinate 
elder justice matters for the Department of Health and Human Services 
to enhance programs and collaborations and to avoid unnecessary 
duplication of efforts.</DELETED>

<DELETED>``SEC. 2213. ELDER JUSTICE COORDINATING COUNCIL.</DELETED>

<DELETED>    ``(a) Establishment.--There is established a committee to 
be known as the Elder Justice Coordinating Council (in this section 
referred to as the `Council').</DELETED>
<DELETED>    ``(b) Membership.--The Council shall be composed of the 
following:</DELETED>
        <DELETED>    ``(1) The Secretary (or the Secretary's 
        designee).</DELETED>
        <DELETED>    ``(2) The Attorney General (or the Attorney 
        General's designee).</DELETED>
        <DELETED>    ``(3) A representative, appointed by the head of 
        the Federal department or agency, or other entity, involved 
        from--</DELETED>
                <DELETED>    ``(A) the Department of Housing and Urban 
                Development;</DELETED>
                <DELETED>    ``(B) the Department of 
                Education;</DELETED>
                <DELETED>    ``(C) the Department of Labor;</DELETED>
                <DELETED>    ``(D) the Department of 
                Transportation;</DELETED>
                <DELETED>    ``(E) the Department of the 
                Treasury;</DELETED>
                <DELETED>    ``(F) the Office of Management and 
                Budget;</DELETED>
                <DELETED>    ``(G) the Office of the Surgeon 
                General;</DELETED>
                <DELETED>    ``(H) the Social Security 
                Administration;</DELETED>
                <DELETED>    ``(I) the Food and Drug 
                Administration;</DELETED>
                <DELETED>    ``(J) the Federal Trade 
                Commission;</DELETED>
                <DELETED>    ``(K) the Department of 
                Commerce;</DELETED>
                <DELETED>    ``(L) the Pension Benefit Guaranty 
                Corporation;</DELETED>
                <DELETED>    ``(M) the Securities and Exchange 
                Commission;</DELETED>
                <DELETED>    ``(N) the Commodity Futures Trading 
                Commission;</DELETED>
                <DELETED>    ``(O) the Board of Governors of the 
                Federal Reserve System;</DELETED>
                <DELETED>    ``(P) the Office of the Comptroller of the 
                Currency;</DELETED>
                <DELETED>    ``(Q) the Federal Deposit Insurance 
                Corporation;</DELETED>
                <DELETED>    ``(R) the Federal Bureau of 
                Investigation;</DELETED>
                <DELETED>    ``(S) the Centers for Disease Control and 
                Prevention;</DELETED>
                <DELETED>    ``(T) the Secret Service;</DELETED>
                <DELETED>    ``(U) the National Institute on 
                Aging;</DELETED>
                <DELETED>    ``(V) the Internal Revenue Service; 
                and</DELETED>
                <DELETED>    ``(W) the United States Postal 
                Service.</DELETED>
        <DELETED>    ``(4) A representative appointed by the Board of 
        Directors of the Legal Services Corporation from the Legal 
        Services Corporation.</DELETED>
        <DELETED>    ``(5) A representative appointed by the President 
        from--</DELETED>
                <DELETED>    ``(A) the State Justice 
                Institute;</DELETED>
                <DELETED>    ``(B) the National Research Council of the 
                National Academy of Sciences; and</DELETED>
                <DELETED>    ``(C) the Institute of Medicine of the 
                National Academy of Sciences.</DELETED>
        <DELETED>    ``(6) Representatives from other Federal agencies, 
        appointed by the heads of the Federal agencies with 
        responsibilities or programs relating to elder abuse, neglect, 
        and exploitation as determined appropriate by the Secretary and 
        the Attorney General.</DELETED>
        <DELETED>    ``(7) One representative from each State, 
        representing State and local governments, appointed by the 
        President from among persons designated by the Governor of such 
        State due to expertise in, and active work in, the area of 
        elder justice.</DELETED>
        <DELETED>    ``(8) The members of the advisory board 
        established under section 2214.</DELETED>
<DELETED>    ``(c) Period of Appointment; Vacancies.--Members shall be 
appointed for terms of 3 years. Any vacancy in the Council shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment was made.</DELETED>
<DELETED>    ``(d) Co-Chairpersons.--The Council shall be co-chaired by 
the Secretary and the Attorney General (or their designees).</DELETED>
<DELETED>    ``(e) Meetings.--</DELETED>
        <DELETED>    ``(1) In general.--The Council shall meet at least 
        2 times per year as determined by the co-
        chairpersons.</DELETED>
        <DELETED>    ``(2) Elder justice summit.--</DELETED>
                <DELETED>    ``(A) In general.--One of the meetings 
                described in paragraph (1) shall be an Elder Justice 
Summit to review the state of elder justice, including--</DELETED>
                        <DELETED>    ``(i) a summary presentation 
                        directly to the Secretary and the Attorney 
                        General regarding--</DELETED>
                                <DELETED>    ``(I) the nature and 
                                dimension of the problems of elder 
                                abuse, neglect, and 
                                exploitation;</DELETED>
                                <DELETED>    ``(II) Federal, State, 
                                local, and private efforts in elder 
                                justice;</DELETED>
                                <DELETED>    ``(III) challenges to be 
                                faced in elder justice;</DELETED>
                                <DELETED>    ``(IV) promising practices 
                                in elder justice; and</DELETED>
                                <DELETED>    ``(V) plans and priorities 
                                for the future in elder 
                                justice;</DELETED>
                        <DELETED>    ``(ii) additional presentations to 
                        address in greater detail those topics 
                        described in clause (i); and</DELETED>
                        <DELETED>    ``(iii) presentations on such 
                        other topics as the Council determines 
                        appropriate.</DELETED>
                <DELETED>    ``(B) Participants.--Additional 
                participants, in addition to the members of the 
                Council, to be invited to the Elder Justice Summit 
                shall include--</DELETED>
                        <DELETED>    ``(i) experts in the fields of 
                        elder abuse, neglect, and exploitation, 
                        selected by the co-chairpersons;</DELETED>
                        <DELETED>    ``(ii) the chairman and ranking 
                        member of the Special Committee on Aging of the 
                        Senate;</DELETED>
                        <DELETED>    ``(iii) designees of the Speaker 
                        of the House of Representatives and the 
                        minority leader of the House of 
                        Representatives; and</DELETED>
                        <DELETED>    ``(iv) governmental 
                        representatives invited jointly by the co-
                        chairpersons, including--</DELETED>
                                <DELETED>    ``(I) 1 representative 
                                from the Federal Government;</DELETED>
                                <DELETED>    ``(II) 1 representative 
                                from a State government; and</DELETED>
                                <DELETED>    ``(III) 1 representative 
                                from a local government.</DELETED>
                <DELETED>    ``(C) Additional observers.--Additional 
                observers of the Elder Justice Summit may include 
                representatives of Federal, State, and local public and 
                private entities, as well as experts and members of the 
                public designated by the Council to be 
                observers.</DELETED>
        <DELETED>    ``(3) Other meetings.--In addition to the meeting 
        described in paragraph (2), the Council shall have at least 1 
        additional meeting per year in order to--</DELETED>
                <DELETED>    ``(A) conduct an in-depth analysis of the 
                numerous phenomena that make up elder abuse, neglect, 
                and exploitation;</DELETED>
                <DELETED>    ``(B) permit participants to highlight 
                promising practices, exchange information about 
                addressing challenges, and identify needs and 
                priorities; and</DELETED>
                <DELETED>    ``(C) determine a procedure for examining 
                and eliciting national elder justice issues and 
                priorities in order to guide the Council.</DELETED>
<DELETED>    ``(f) Duties.--</DELETED>
        <DELETED>    ``(1) In general.--The Council shall make 
        recommendations for the coordination of activities, relating to 
        elder abuse, neglect, and exploitation and other crimes against 
        elders, to the Department of Health and Human Services, the 
        Department of Justice, and other relevant Federal, State, 
        local, and private agencies and entities.</DELETED>
        <DELETED>    ``(2) Report.--Not later than 2 years after the 
        date of enactment of the Elder Justice Act and every 2 years 
        thereafter, the Council shall provide to Congress a report 
        that--</DELETED>
                <DELETED>    ``(A) describes the activities of, 
                accomplishments of, and challenges faced by--</DELETED>
                        <DELETED>    ``(i) the Council; and</DELETED>
                        <DELETED>    ``(ii) the entities represented on 
                        the Council; and</DELETED>
                <DELETED>    ``(B) makes recommendations for 
                legislation, model laws, or other appropriate 
                action.</DELETED>
<DELETED>    ``(g) Powers of the Council.--</DELETED>
        <DELETED>    ``(1) Hearings.--The Council may hold such 
        hearings, sit and act at such times and places, take such 
        testimony, and receive such evidence as the Council considers 
        advisable to carry out this section.</DELETED>
        <DELETED>    ``(2) Information from federal agencies.--The 
        Council may secure directly from any Federal department or 
        agency such information as the Council considers necessary to 
        carry out this section. Upon request of the co-chairpersons of 
        the Council, the head of such department or agency shall 
        furnish such information to the Council.</DELETED>
        <DELETED>    ``(3) Postal services.--The Council may use the 
        United States mails in the same manner and under the same 
        conditions as other departments and agencies of the Federal 
        Government.</DELETED>
<DELETED>    ``(h) Travel Expenses.--The members of the Council, and 
the participants in and observers of the Elder Justice Summit shall not 
receive compensation for the performance of services for the council. 
The members shall be allowed, and the participants may be allowed, 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Council. 
Notwithstanding section 1342 of title 31, United States Code, the 
Secretary and the Attorney General may accept the voluntary and 
uncompensated services of the members and the participants.</DELETED>
<DELETED>    ``(i) Detail of Government Employees.--Any Federal 
Government employee may be detailed to the Council without 
reimbursement, and such detail shall be without interruption or loss of 
civil service status or privilege.</DELETED>
<DELETED>    ``(j) Effective Date.--Section 14 of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Council.</DELETED>

<DELETED>``SEC. 2214. ADVISORY BOARD ON ELDER ABUSE, NEGLECT, AND 
              EXPLOITATION.</DELETED>

<DELETED>    ``(a) Establishment.--There is established a board to be 
known as the `Advisory Board on Elder Abuse, Neglect, and Exploitation' 
(in this section referred to as the `advisory board') to create a 
short- and long-term multidisciplinary strategic plan for the 
development of the field of elder justice, and to make recommendations 
to the Secretary, the Attorney General, the Elder Justice Coordinating 
Council established under section 2213, and the appropriate committees 
of Congress.</DELETED>
<DELETED>    ``(b) Solicitation of Nominations.--The Secretary and the 
Attorney General shall jointly publish a notice in the Federal Register 
soliciting nominations for the appointment of members of the advisory 
board under subsection (c).</DELETED>
<DELETED>    ``(c) Composition.--The advisory board shall be composed 
of members appointed jointly by the Secretary and the Attorney General, 
from the general public who are individuals with experience and 
expertise in elder abuse, neglect, and exploitation prevention, 
intervention, treatment, law enforcement, or research, with due 
consideration to representation of ethnic or racial minorities and 
diverse geographic areas, including individuals who represent--
</DELETED>
        <DELETED>    ``(1) social service providers (including State 
        and local agencies with the statutory responsibility for adult 
        protective services);</DELETED>
        <DELETED>    ``(2) health care providers (including geriatrics, 
        emergency medicine, and nursing and mental health 
        professionals);</DELETED>
        <DELETED>    ``(3) legal professionals (including law 
        enforcement and the judiciary);</DELETED>
        <DELETED>    ``(4) gerontologists;</DELETED>
        <DELETED>    ``(5) psychologists;</DELETED>
        <DELETED>    ``(6) State and local government;</DELETED>
        <DELETED>    ``(7) organizations providing services to elders 
        and disabled persons;</DELETED>
        <DELETED>    ``(8) volunteer groups;</DELETED>
        <DELETED>    ``(9) elder rights advocates;</DELETED>
        <DELETED>    ``(10) family groups;</DELETED>
        <DELETED>    ``(11) experts in adult fiduciary relationships, 
        and those serving as or monitoring fiduciaries, including 
        guardians; and</DELETED>
        <DELETED>    ``(12) individuals in forensics-related positions 
        (including coroners and forensic pathologists).</DELETED>
<DELETED>    ``(d) Vacancies.--Members shall be appointed for terms of 
3 years. Any vacancy in the advisory board shall not affect its powers, 
but shall be filled in the same manner as the original appointment was 
made.</DELETED>
<DELETED>    ``(e) Election of Officers.--The advisory board shall 
elect a chairperson and vice chairperson from among the members of the 
advisory board. The advisory board shall elect its initial chairperson 
and vice chairperson at its initial meeting.</DELETED>
<DELETED>    ``(f) Duties.--Not later than 18 months after the 
establishment of the advisory board under subsection (a), and annually 
thereafter, the advisory board shall prepare and submit to the 
Secretary, the Attorney General, and the appropriate committees of 
Congress a report containing--</DELETED>
        <DELETED>    ``(1) information on the status of Federal, State, 
        and local public and private elder justice 
        activities;</DELETED>
        <DELETED>    ``(2) recommendations (including recommended 
        priorities) regarding--</DELETED>
                <DELETED>    ``(A) elder justice programs, research, 
                training, services, practice, enforcement, and 
                coordination;</DELETED>
                <DELETED>    ``(B) coordination between entities 
                pursuing elder justice efforts and those involved in 
                related areas that may inform or overlap with elder 
                justice efforts, such as activities to combat violence 
                against women and child abuse and neglect; 
                and</DELETED>
                <DELETED>    ``(C) activities relating to adult 
                fiduciary systems, including guardianship and other 
                fiduciary arrangements;</DELETED>
        <DELETED>    ``(3) recommendations for specific modifications 
        needed in Federal and State laws (including regulations) or for 
        programs, research, and training to enhance prevention, 
        detection, diagnosis, treatment, intervention in, 
        investigation, and prosecution of elder abuse, neglect, and 
        exploitation;</DELETED>
        <DELETED>    ``(4) recommendations for the most effective 
        coordinated national data collection with respect to elder 
        justice, and elder abuse, neglect, and exploitation; 
        and</DELETED>
        <DELETED>    ``(5) recommendations for a multidisciplinary 
        strategic plan to guide the effective and efficient development 
        of the elder justice area.</DELETED>
<DELETED>    ``(g) Powers of the Advisory Board.--</DELETED>
        <DELETED>    ``(1) Hearings.--The advisory board may hold such 
        hearings, sit and act at such times and places, take such 
        testimony, and receive such evidence as the advisory board 
        considers advisable to carry out this section.</DELETED>
        <DELETED>    ``(2) Information from federal agencies.--The 
        advisory board may secure directly from any Federal department 
        or agency such information as the advisory board considers 
        necessary to carry out this section. Upon request of the co-
        chairpersons of the advisory board, the head of such department 
        or agency shall furnish such information to the advisory 
        board.</DELETED>
        <DELETED>    ``(3) Sharing of data and reports.--The advisory 
        board may secure from any entity pursuing elder justice 
        activities under the Elder Justice Act or an amendment made by 
        that Act, any data, reports, or recommendations generated in 
        connection with such activities.</DELETED>
        <DELETED>    ``(4)  Postal services.--The advisory board may 
        use the United States mails in the same manner and under the 
        same conditions as other departments and agencies of the 
        Federal Government.</DELETED>
<DELETED>    ``(h) Travel Expenses.--The members of the advisory board 
shall not receive compensation for the performance of services for the 
advisory board, but shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for employees of 
agencies under subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular places of business in the 
performance of services for the advisory board. Notwithstanding section 
1342 of title 31, United States Code, the Secretary and the Attorney 
General may  accept the voluntary and uncompensated services of the 
members of the advisory board.</DELETED>
<DELETED>    ``(i) Detail of Government Employees.--Any Federal 
Government employee may be detailed to the advisory board without 
reimbursement, and such detail shall be without interruption or loss of 
civil service status or privilege.</DELETED>
<DELETED>    ``(j) Effective Date.--Section 14 of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the advisory 
board.</DELETED>

  <DELETED>``Subtitle B--Activities to Promote Elder Justice</DELETED>

<DELETED>``SEC. 2221. DATA COLLECTION AND DISSEMINATION.</DELETED>

<DELETED>    ``(a) Elder Justice Resource Center.--</DELETED>
        <DELETED>    ``(1) Establishment.--The Secretary, after 
        consultation with the Attorney General, shall establish within 
        the Office of Elder Justice (established under this title), an 
        Elder Justice Resource Center (in this section referred to as 
        the `Center') to be the central repository for information 
        regarding elder abuse, neglect, and exploitation.</DELETED>
        <DELETED>    ``(2) Duties.--The Center shall--</DELETED>
                <DELETED>    ``(A) develop the capacity and procedures 
                to collect, maintain, and disseminate information 
                relevant to consumers, families, providers, clinicians, 
                advocates, regulators, law enforcement, policymakers, 
                researchers, fiduciaries including guardians, judges, 
                and lawyers, relevant to the prevention, detection, 
                assessment, identification, and treatment of, 
                intervention in, and prosecution of, elder abuse, 
                neglect, and exploitation;</DELETED>
                <DELETED>    ``(B) provide, in a user-friendly manner, 
                information on--</DELETED>
                        <DELETED>    ``(i) ways to promote autonomy in 
                        the face of aging or diminishing capacity and 
                        mobility;</DELETED>
                        <DELETED>    ``(ii) how to avoid becoming a 
                        victim of elder abuse, neglect, or 
                        exploitation; and</DELETED>
                        <DELETED>    ``(iii) advance planning and how 
                        to avoid the need for a fiduciary;</DELETED>
                <DELETED>    ``(C) provide links and references to 
                other sources of information;</DELETED>
                <DELETED>    ``(D) compile, analyze, and publish a 
                summary of research conducted on elder abuse, neglect, 
                and exploitation and information on how to obtain the 
                original research materials;</DELETED>
                <DELETED>    ``(E) solicit public comment and comment 
                from the advisory board established under section 2214 
                on the activities of the Center;</DELETED>
                <DELETED>    ``(F) establish a toll-free number for 
                information and referrals;</DELETED>
                <DELETED>    ``(G) coordinate activities with resource 
                centers and clearinghouses on elder justice topics; 
                and</DELETED>
                <DELETED>    ``(H) provide funding to public and 
                private agencies and entities to develop or continue 
                the efforts of specialized elder justice-related 
                clearinghouses and information repositories, to be 
                linked to the Center, that address topics such as those 
                enumerated in subparagraphs (A) and (B) and that 
                provide effective services.</DELETED>
        <DELETED>    ``(3) Coordination of available resources.--In 
        establishing the Center under this subsection the Secretary, 
        after consultation with the Attorney General, shall--</DELETED>
                <DELETED>    ``(A) consult with other Federal agencies 
                that operate similar resource centers;</DELETED>
                <DELETED>    ``(B) consult with private entities that 
                operate resource centers or clearinghouses on elder 
                justice related topics;</DELETED>
                <DELETED>    ``(C) consult with the head of each agency 
                participating in the Elder Justice Coordinating Council 
                established under section 2213, as well as other 
                agencies with clearinghouses comparable to the Center, 
                such as clearinghouses relating to child abuse and 
                neglect, to determine the most efficient and effective 
                manner for collecting, maintaining, and disseminating 
                information on elder abuse, neglect, and exploitation; 
                and</DELETED>
                <DELETED>    ``(D) solicit public comment on the 
                components of such Center.</DELETED>
        <DELETED>    ``(4) National elder justice library.--</DELETED>
                <DELETED>    ``(A) Establishment.--The Secretary shall 
                establish within the Center, a National Elder Justice 
                Library (in this paragraph referred to as the 
                `Library') to serve as a centralized repository for all 
                types of appropriate materials concerning training, 
                technical assistance, and promising practices relating 
                to elder justice including--</DELETED>
                        <DELETED>    ``(i) brochures and 
                        pamphlets;</DELETED>
                        <DELETED>    ``(ii) video and computer-based 
                        resources;</DELETED>
                        <DELETED>    ``(iii) books; and</DELETED>
                        <DELETED>    ``(iv) training 
                        materials.</DELETED>
                <DELETED>    ``(B) Index.--The Library shall create and 
                maintain an up-to-date index of the materials described 
                in subparagraph (A) by title, author, date, subject, 
                and type of material, and a brief description of such 
                materials. Such index shall be available on the 
                Internet as well as in printed form in order to be 
                easily accessible to the general public.</DELETED>
                <DELETED>    ``(C) Availability.--The materials held by 
                the Library shall be available for copying by 
                individuals and entities nationwide and shall be 
                disseminated at a nominal or no fee. The materials 
                shall be copied and disseminated in accordance with the 
                applicable provisions of title 17, United States 
                Code.</DELETED>
                <DELETED>    ``(D) Duties.--</DELETED>
                        <DELETED>    ``(i) Additional materials.--The 
                        Library shall--</DELETED>
                                <DELETED>    ``(I) collect data on 
                                materials that would be appropriate for 
                                such library;</DELETED>
                                <DELETED>    ``(II) make efforts to 
                                identify and obtain appropriate 
                                materials; and</DELETED>
                                <DELETED>    ``(III) identify and 
                                obtain materials relating to effective 
                                methods of conducting training and 
                                providing technical assistance relating 
                                to elder justice, including conducting 
                                the training and providing the 
assistance for underserved populations.</DELETED>
                        <DELETED>    ``(ii) Information packets.--After 
                        evaluating the materials described in this 
                        paragraph, the Library shall compile and 
                        develop information packets for use by groups 
                        in various settings including groups who are 
                        underserved or have other special needs. Such 
                        information packets shall include information 
                        and materials on training, technical 
                        assistance, and promising practices targeted at 
                        specific topics, groups, and 
                        settings.</DELETED>
<DELETED>    ``(b) Collection of Uniform National Data on Elder Abuse, 
Neglect, and Exploitation.--</DELETED>
        <DELETED>    ``(1) Purpose.--The purpose of this subsection is 
        to improve, streamline, and promote uniform collection, 
        maintenance, and dissemination of national data relating to 
        elder abuse, neglect, and exploitation.</DELETED>
        <DELETED>    ``(2) Phase i.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 1 year 
                after the date of enactment of the Elder Justice Act, 
                the Director of the Centers for Disease Control and 
                Prevention (in this subsection referred to as the 
                `Director'), after consultation with the Attorney 
                General and working with experts in relevant 
                disciplines, shall--</DELETED>
                        <DELETED>    ``(i) develop a method for 
                        collecting national data regarding elder abuse, 
                        neglect, and exploitation; and</DELETED>
                        <DELETED>    ``(ii) develop uniform national 
                        data reporting forms adapted to each relevant 
                        entity or discipline (such as health, public 
                        safety, social and protective services, and 
                        law) reflecting--</DELETED>
                                <DELETED>    ``(I) the distinct manner 
                                in which each discipline receives and 
                                maintains information; and</DELETED>
                                <DELETED>    ``(II) the sequence and 
                                history of reports to or involvement of 
                                different disciplines, independently, 
                                or the sequence and history of reports 
                                from one discipline to another over 
                                time.</DELETED>
                <DELETED>    ``(B) Forms.--The national data reporting 
                forms described in subparagraph (A)(ii) shall 
                incorporate the definitions of this title, for use in 
                determining what is considered a reportable 
                event.</DELETED>
        <DELETED>    ``(3) Phase ii.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 1 year 
                after the completion of the activities described in 
                paragraph (2), the Director shall ensure that the 
                national data reporting forms and data collection 
                methods developed in accordance with such paragraph are 
                pilot tested in 6 States determined by the 
                Director.</DELETED>
                <DELETED>    ``(B) Adjustments to the form and 
                methods.--The Director, after considering the results 
                of the pilot testing described in subparagraph (A), and 
                after consultation with the Attorney General and 
                relevant experts shall adjust the national data 
                reporting forms and data collection methods as 
                necessary.</DELETED>
        <DELETED>    ``(4) Phase iii.--</DELETED>
                <DELETED>    ``(A) Distribution of national data 
                reporting forms.--After completion of the adjustment to 
                the national data reporting forms under paragraph 
                (3)(B), the Director shall submit the national data 
                reporting forms along with instructions to--</DELETED>
                        <DELETED>    ``(i) the heads of the relevant 
                        components of the Department of Health and 
                        Human Services, the Department of Justice, and 
                        the Department of the Treasury, and such other 
                        Federal entities as may be appropriate; 
                        and</DELETED>
                        <DELETED>    ``(ii) the Governor's office of 
                        each State for collection from all relevant 
                        State entities of data, including health care, 
                        social services, and law enforcement 
                        data.</DELETED>
                <DELETED>    ``(B) Data collection grants.--</DELETED>
                        <DELETED>    ``(i) Authorization.--The Director 
                        is authorized to award grants to States to 
                        improve data collection activities relating to 
                        elder abuse, neglect, and 
                        exploitation.</DELETED>
                        <DELETED>    ``(ii) Amount.--The amount of 
                        funds provided under each grant awarded to a 
                        State under this subsection shall not exceed 
                        $200,000, to be distributed in accordance with 
                        clause (v).</DELETED>
                        <DELETED>    ``(iii) Application.--Each State 
                        desiring a grant under this subparagraph shall 
                        submit to the Director an application at such 
                        time, in such manner, and containing such 
                        information as the Director may 
                        require.</DELETED>
                        <DELETED>    ``(iv) Requirements.--Each State 
                        receiving a grant under this subparagraph for a 
                        fiscal year is required to report data for the 
                        calendar year that begins during that fiscal 
                        year, using the national data reporting forms 
                        described in subparagraph (A).</DELETED>
                        <DELETED>    ``(v) Funding.--</DELETED>
                                <DELETED>    ``(I) First year.--For the 
                                first fiscal year in which a State 
                                receives grant funds under this 
                                subsection the Director shall initially 
                                distribute 50 percent of such funds. 
                                The Director shall distribute the 
                                remaining funds at the end of the 
                                calendar year that begins during that 
                                fiscal year, if the Director determines 
                                that the State has properly reported 
                                data required under this subsection for 
                                the calendar year.</DELETED>
                                <DELETED>    ``(II) Subsequent years.--
                                Except as provided in subclause (I), 
                                the Director shall distribute grant 
                                funds to a State under this subsection 
                                for a fiscal year if the Director 
                                determines that the State properly 
                                reported data required under this 
                                subsection for the calendar year that 
                                ends during that fiscal year.</DELETED>
                <DELETED>    ``(C) Required information.--Each report 
                submitted under this paragraph shall receive an 
                identifier beginning with a 2-letter State code, and a 
                2-letter year code, and such numbers as the Director 
                determines to be appropriate. Each individual report 
                shall be assigned a new identifier, even if a victim 
                described in the report is reported to have been 
                victimized more than once. If the State submits a 
                report for more than one discipline, the State shall 
                submit a combined report to avoid double counting. The 
                State shall note in each report whether an event was 
                ongoing or occurred in distinct separate 
                episodes.</DELETED>
        <DELETED>    ``(5) Report.--Not later than 1 year after the 
        date of enactment of the Elder Justice Act and annually 
        thereafter, the Director shall prepare and submit to the 
        appropriate committees of Congress, including to the Special 
        Committee on Aging of the Senate, a report regarding activities 
        conducted under this subsection.</DELETED>
        <DELETED>    ``(6) Regulations.--The Secretary shall promulgate 
        such regulations as are necessary to carry out this 
        subsection.</DELETED>

<DELETED>``SEC. 2222. ENHANCING RESEARCH AND TRAINING AND STRENGTHENING 
              SERVICES, SYSTEMS, AND PREVENTION.</DELETED>

<DELETED>    ``(a) Grants.--The Secretary may award grants to eligible 
entities for the prevention, detection, assessment, and treatment of, 
intervention in, investigation of, and prosecution of elder abuse, 
neglect, and exploitation including--</DELETED>
        <DELETED>    ``(1) physical, psychological, and emotional abuse 
        and neglect by family and other in-home caregivers;</DELETED>
        <DELETED>    ``(2) physical, psychological, and emotional abuse 
        and neglect of residents in institutional and other residential 
        care facilities;</DELETED>
        <DELETED>    ``(3) elder sexual abuse;</DELETED>
        <DELETED>    ``(4) domestic violence in later life;</DELETED>
        <DELETED>    ``(5) financial fraud and exploitation; 
        and</DELETED>
        <DELETED>    ``(6) self-neglect.</DELETED>
<DELETED>    ``(b) Centers of Excellence.--</DELETED>
        <DELETED>    ``(1) Grants authorized.--The Secretary, through 
        the Director of the National Institute on Aging, and after 
        consultation with the Director of the Centers for Disease 
        Control and Prevention, the Director of the Office of Elder 
        Justice in the Department of Health and Human Services, the 
        Director of the Office of Elder Justice in the Department of 
        Justice, and the members of the advisory board established 
        under section 2214, may award grants to institutions of higher 
        education and other appropriate entities to establish 5 Centers 
        of Excellence nationwide that shall specialize in research, 
        clinical practice, and training relating to elder abuse, 
        neglect, and exploitation.</DELETED>
        <DELETED>    ``(2) Authorized activities.--The Centers of 
        Excellence established with funds provided under paragraph (1) 
        shall conduct the following activities:</DELETED>
                <DELETED>    ``(A) Examine potential issues relating to 
                the protection of elders who are the subjects of 
                research on elder abuse, neglect, and exploitation and 
                provide guidance to other elder abuse, neglect, or 
                exploitation researchers regarding human subjects, 
                protections, and the institutional or peer review 
                boards at research institutions.</DELETED>
                <DELETED>    ``(B) After consultation with the Director 
                of the National Institute on Aging, and the Director of 
                the Office of Human Research Protections, develop and 
                recommend to the Secretary guidelines to assist the 
                institutional or peer review boards in the review of 
                research under this title.</DELETED>
                <DELETED>    ``(C) Coordinate activities, to the extent 
                feasible, among the Centers and with other researchers 
                of elder abuse, neglect, and exploitation and related 
                areas, and designate 1 such Center to lead such 
                coordination.</DELETED>
        <DELETED>    ``(3) Additional activities.--The Centers of 
        Excellence established under paragraph (1) may conduct 
        activities including the following:</DELETED>
                <DELETED>    ``(A) Carrying out a study to determine 
                the national incidence and prevalence of elder abuse, 
                neglect, and exploitation in all settings.</DELETED>
                <DELETED>    ``(B) Developing uniform, validated 
                screening tools to assist individuals, families, 
                practitioners, institutions, and communities in 
                detecting ongoing or potential elder abuse, neglect, 
                and exploitation. The tools that may be developed 
                include--</DELETED>
                        <DELETED>    ``(i) a screening tool to 
                        determine whether a particular elder is at risk 
                        for becoming, or is, a victim;</DELETED>
                        <DELETED>    ``(ii) a screening tool to measure 
                        whether caregivers are at risk of committing 
                        elder abuse, neglect, or 
                        exploitation;</DELETED>
                        <DELETED>    ``(iii) a screening tool to 
                        measure whether families are at risk for elder 
                        abuse, neglect, and exploitation; and</DELETED>
                        <DELETED>    ``(iv) a screening tool to assess 
                        communities, evaluating how each individual 
                        agency or system relating to elder abuse, 
                        neglect, or exploitation operates in such a 
                        community and how all of such agencies or 
                        systems communicate and operate in relationship 
                        to each other within such community.</DELETED>
                <DELETED>    ``(C) Carrying out various types of 
                intervention research.</DELETED>
                <DELETED>    ``(D) Identifying steps that can be taken 
                (and replicated) to make homes, neighborhoods, 
                communities, and facilities safer for elders, and to 
                enhance their sense of security in all kinds of 
                environments.</DELETED>
                <DELETED>    ``(E) Researching successful fiduciary 
                practices and systems to enhance the well-being of 
                persons with diminished capacity.</DELETED>
        <DELETED>    ``(4) Collaboration and access to records.--In 
        awarding a grant under this subsection the Secretary shall--
        </DELETED>
                <DELETED>    ``(A) consider the potential for 
                collaboration among researchers and other relevant 
                entities, such as State agencies with statutory 
                responsibility for adult protective services and State 
                Long-Term Care Ombudsmen, that receive reports of elder 
                abuse, neglect, and exploitation, but that may be 
                restricted from participating in research as a result 
                of State law, confidentiality requirements, or other 
                provisions; and</DELETED>
                <DELETED>    ``(B) require that each institution of 
                higher education desiring a grant under this subsection 
                ensure that the researchers working at such institution 
                will have access to records necessary to conduct 
                research in accordance with this subsection.</DELETED>
        <DELETED>    ``(5) Excellence advisory committee.--</DELETED>
                <DELETED>    ``(A) Committee established.--There is 
                established in the Department of Health and Human 
                Services an Excellence Advisory Committee (in this 
                subsection referred to as the `Committee').</DELETED>
                <DELETED>    ``(B) Membership.--The Committee shall be 
                composed of individuals appointed by the Secretary with 
                a demonstrated interest and expertise in research, 
                education, and clinical activities related to elder 
                abuse, neglect, and exploitation, or individuals with 
                related experience in essential fields such as 
                epidemiology or forensic pathology, including--
                </DELETED>
                        <DELETED>    ``(i) representatives from private 
                        entities; and</DELETED>
                        <DELETED>    ``(ii) representatives from 
                        Federal and State agencies, including--
                        </DELETED>
                                <DELETED>    ``(I) 
                                researchers;</DELETED>
                                <DELETED>    ``(II) health care 
                                practitioners;</DELETED>
                                <DELETED>    ``(III) policy experts; 
                                and</DELETED>
                                <DELETED>    ``(IV) other individuals 
                                appropriate to promote useful research, 
                                training, and clinical 
                                practice.</DELETED>
                <DELETED>    ``(C) Period of appointment; vacancies.--
                Members shall be appointed for terms of 3 years. Any 
                vacancy in the Committee shall not affect its powers, 
                but shall be filled in the same manner as the original 
                appointment was made.</DELETED>
                <DELETED>    ``(D) Duties.--The Committee shall 
                coordinate with the Advisory Board established under 
                section 2214 and shall make recommendations to the 
                Secretary, the Attorney General, the Elder Justice 
Coordinating Council established under section 2213, and the Centers of 
Excellence established under this subsection concerning--</DELETED>
                        <DELETED>    ``(i) facilitating the 
                        coordination of the activities of the Centers 
                        of Excellence established under this 
                        subsection;</DELETED>
                        <DELETED>    ``(ii) developing procedures and 
                        mechanisms for data sharing between such 
                        Centers of Excellence; and</DELETED>
                        <DELETED>    ``(iii) ensuring that such Centers 
                        of Excellence have similar systems and research 
                        and reporting procedures in order to facilitate 
                        the sharing of data.</DELETED>
                <DELETED>    ``(E) Travel expenses.--The members of the 
                Committee shall not receive compensation for the 
                performance of services for the committee, but shall be 
                allowed travel expenses, including per diem in lieu of 
                subsistence, at rates authorized for employees of 
                agencies under subchapter I of chapter 57 of title 5, 
                United States Code, while away from their homes or 
                regular places of business in the performance of 
                services for the Committee. Notwithstanding section 
                1342 of title 31, United States Code, the Secretary may 
                accept the voluntary and uncompensated services of 
                members of the Committee.</DELETED>
                <DELETED>    ``(F) Detail of government employees.--Any 
                Federal Government employee may be detailed to the 
                Committee without reimbursement, and such detail shall 
                be without interruption or loss of civil service status 
                or privilege.</DELETED>
                <DELETED>    ``(G) Termination.--Section 14 of the 
                Federal Advisory Committee Act (5 U.S.C. App.) shall 
                not apply to the Committee.</DELETED>
<DELETED>    ``(c) Safe Haven and Legal Advocacy Grants.--</DELETED>
        <DELETED>    ``(1) Safe haven grants.--</DELETED>
                <DELETED>    ``(A) Grants authorized.--The Secretary 
                may award grants to 6 diverse communities to examine 
                various types of elder shelters (in this paragraph 
                referred to as `safe havens') and to test various 
                models for establishing safe havens at home or 
                elsewhere.</DELETED>
                <DELETED>    ``(B) Authorized activities.--Grant funds 
                awarded pursuant to subparagraph (A) shall be used to 
                establish safe havens that--</DELETED>
                        <DELETED>    ``(i) provide a comprehensive, 
                        culturally sensitive, and multidisciplinary 
                        team response to allegations of elder abuse, 
                        neglect, or exploitation;</DELETED>
                        <DELETED>    ``(ii) provide a dedicated, elder-
                        friendly setting;</DELETED>
                        <DELETED>    ``(iii) have the capacity to meet 
                        the needs of elders for care; and</DELETED>
                        <DELETED>    ``(iv) provide various services 
                        including--</DELETED>
                                <DELETED>    ``(I) nursing and forensic 
                                evaluation;</DELETED>
                                <DELETED>    ``(II) therapeutic 
                                intervention;</DELETED>
                                <DELETED>    ``(III) victim support and 
                                advocacy; and</DELETED>
                                <DELETED>    ``(IV) case review and 
                                assistance to make the elder safer at 
                                home or to find appropriate placement 
                                in safer environments, including 
                                shelters, and, in some circumstances 
                                long-term care facilities, other 
                                residential care facilities, and 
                                hospitals.</DELETED>
        <DELETED>    ``(2) Legal advocacy grants.--</DELETED>
                <DELETED>    ``(A) Grants authorized.--The Secretary, 
                after consultation with the Attorney General, may award 
                grants--</DELETED>
                        <DELETED>    ``(i) to study the need for 
                        community resources in order to provide 
                        assistance for legal and related services for 
                        victims of elder abuse, neglect, or 
                        exploitation; and</DELETED>
                        <DELETED>    ``(ii) to provide assistance for 
                        such services by awarding grants for 
                        demonstration projects in diverse 
                        communities.</DELETED>
                <DELETED>    ``(B) Authorized activities.--Grant funds 
                awarded pursuant to subparagraph (A) shall be used to 
                provide--</DELETED>
                        <DELETED>    ``(i) court-appointed 
                        advocates;</DELETED>
                        <DELETED>    ``(ii) authorized fiduciaries, 
                        including public guardians;</DELETED>
                        <DELETED>    ``(iii) monitoring and oversight 
                        of fiduciaries;</DELETED>
                        <DELETED>    ``(iv) legal services; 
                        and</DELETED>
                        <DELETED>    ``(v) such other services as the 
                        Secretary, after consultation with the Attorney 
                        General, determines appropriate.</DELETED>
<DELETED>    ``(d) Grants To Enhance Volunteer Services.--The 
Secretary, after consultation with the Attorney General, may award 
grants to nonprofit organizations and faith-based organizations to 
encourage such organizations to establish or continue volunteer 
programs that focus on the issues of elder abuse, neglect, and 
exploitation, or that provide related services.</DELETED>
<DELETED>    ``(e) Multidisciplinary Efforts.--</DELETED>
        <DELETED>    ``(1) Grants.--The Secretary may award grants to 
        fund various multidisciplinary elder justice activities, 
        including the following:</DELETED>
                <DELETED>    ``(A) Supporting and studying team 
                approaches for bringing a coordinated multidisciplinary 
                or interdisciplinary response to elder abuse, neglect, 
                and exploitation, including a response from individuals 
                in social service, health care, public safety, and 
                legal disciplines.</DELETED>
                <DELETED>    ``(B) Establishing State coordinating 
                councils modeled after the national Elder Justice 
                Coordinating Council established under section 2213. 
                Such State coordinating councils shall identify the 
                individual States' needs and provide the national Elder 
                Justice Coordinating Council with information and 
                recommendations relating to State efforts to combat 
                elder abuse, neglect, and exploitation.</DELETED>
                <DELETED>    ``(C) Providing training, technical 
                assistance, and other methods of support to 
groups carrying out multidisciplinary efforts at the State level 
(referred to in some States as `State Working Groups').</DELETED>
                <DELETED>    ``(D) Broadening and studying various 
                models for elder fatality and serious injury review 
                teams, to make recommendations about their composition, 
                protocols, functions, timing, roles, and 
                responsibilities, with a goal of producing models and 
                information that will allow for replication based on 
                the needs of other States and communities.</DELETED>
                <DELETED>    ``(E) Carrying out other interdisciplinary 
                or multidisciplinary efforts as determined by the 
                Secretary to be appropriate.</DELETED>
        <DELETED>    ``(2) Intradisciplinary review.--</DELETED>
                <DELETED>    ``(A) In general.--The Director of the 
                Centers for Disease Control and Prevention, after 
                consultation with the Director of the Office of Elder 
                Justice in the Department of Health and Human Services 
                and the Director of the Office of Elder Justice in the 
                Department of Justice, shall conduct an intensive 
                intradisciplinary review of entities that conduct elder 
                justice activities in several different communities, 
                examining how the entities address elder abuse, 
                neglect, and exploitation issues (such as an assessment 
                of various types of health care and social service 
                providers, public safety agencies, law enforcement 
                agencies, prosecutor offices, and the 
                judiciary).</DELETED>
                <DELETED>    ``(B) Goal.--The goals of the study 
                described in subparagraph (A) include--</DELETED>
                        <DELETED>    ``(i) making an assessment of the 
                        functioning and effectiveness of each entity in 
                        a community that conducts elder justice 
                        activities, and the interdisciplinary 
                        communications and collaborations among such 
                        entities; and</DELETED>
                        <DELETED>    ``(ii) developing a procedure for 
                        communities to conduct a self-assessment to 
                        assist them in identifying the manner in which 
                        the entities described in clause (i) in such 
                        communities respond to elder justice issues, 
                        the needs of such communities relating to elder 
                        justice issues, and ways to improve the 
                        response systems of such communities for elder 
                        abuse, neglect, and exploitation.</DELETED>
<DELETED>    ``(f) Training Grants.--</DELETED>
        <DELETED>    ``(1) Grants authorized.--The Secretary may award 
        grants to groups representing the targeted disciplines 
        described in paragraph (2)(B) to train individuals with respect 
        to issues of elder abuse, neglect, and exploitation.</DELETED>
        <DELETED>    ``(2) Authorized activities.--</DELETED>
                <DELETED>    ``(A) In general.--Grant funds awarded 
                under paragraph (1) shall be used for training within a 
                discipline as well as cross-training activities that 
                permit individuals in multiple disciplines to train 
                together, fostering communication, coordinating 
                efforts, and ensuring collaboration.</DELETED>
                <DELETED>    ``(B) Targeted disciplines.--Groups 
                representing disciplines that will be targeted for 
                training through grants awarded under paragraph (1) 
                include--</DELETED>
                        <DELETED>    ``(i) physicians (geriatricians, 
                        family physicians, internists, emergency 
                        physicians, forensic pathologists and medical 
                        examiners, psychiatrists, and other 
                        specialists), and medical residents, interns, 
                        and fellows;</DELETED>
                        <DELETED>    ``(ii) nurses and nurse's aides, 
                        including geriatric nurse practitioners, 
                        directors of nursing, and Sexual Abuse Nurse 
                        Examiners (SANE) nurses;</DELETED>
                        <DELETED>    ``(iii) social workers;</DELETED>
                        <DELETED>    ``(iv) public health and safety 
                        professionals including Emergency Medical 
                        Services professionals;</DELETED>
                        <DELETED>    ``(v) therapists, including 
                        creative arts, occupational, speech, and 
                        physical therapists;</DELETED>
                        <DELETED>    ``(vi) State surveyors (who survey 
                        nursing facilities and other long-term care 
                        facilities);</DELETED>
                        <DELETED>    ``(vii) long-term care facility 
                        and hospital staff;</DELETED>
                        <DELETED>    ``(viii) coroners and funeral home 
                        operators;</DELETED>
                        <DELETED>    ``(ix) Federal, State, and local 
                        offices with responsibility for elder justice 
                        or long-term care matters;</DELETED>
                        <DELETED>    ``(x) employees or contractors of 
                        State and local agencies with responsibility 
                        for training persons who provide adult 
                        protective services;</DELETED>
                        <DELETED>    ``(xi) State Long-Term Care 
                        Ombudsmen;</DELETED>
                        <DELETED>    ``(xii) victim advocates and 
                        advocates for elders and individuals with 
                        disabilities;</DELETED>
                        <DELETED>    ``(xiii) individuals involved in 
                        volunteer organizations (including faith-based 
                        organizations) who are involved in issues of 
                        elder abuse, neglect, and 
                        exploitation;</DELETED>
                        <DELETED>    ``(xiv) police officers, sheriffs, 
                        detectives, firefighters, Federal and State 
                        investigators, public safety officers, and 
                        corrections personnel;</DELETED>
                        <DELETED>    ``(xv) Federal, State, and local 
                        prosecutors, attorneys in private practice 
                        involved in elder justice issues, and judges 
                        and court employees;</DELETED>
                        <DELETED>    ``(xvi) TRIADs (federally 
                        recognized partnerships of elders, sheriff 
                        departments, and the American Association of 
                        Retired Persons);</DELETED>
                        <DELETED>    ``(xvii) elder service 
                        officers;</DELETED>
                        <DELETED>    ``(xviii) individuals who work 
                        with the public, including bank personnel, 
                        postal workers, utility workers, providers of 
                        home-delivered meals, and others who may work 
                        with elders;</DELETED>
                        <DELETED>    ``(xix) students in professional 
                        and paraprofessional schools, internships, 
                        fellowships, and other training programs in a 
                        relevant profession;</DELETED>
                        <DELETED>    ``(xx) fiduciaries, including 
                        guardians, conservators, and agents under 
                        powers of attorney; and</DELETED>
                        <DELETED>    ``(xxi) staff and volunteers of 
                        domestic violence and child abuse and neglect 
                        programs.</DELETED>
<DELETED>    ``(g) Pilot Project To Evaluate Utility of Services to 
Elders in Need.--The Secretary, acting through the Director of the 
Office of Elder Justice in the Department of Health and Human Services, 
and after consultation with the Director of the Office of Elder Justice 
in the Department of Justice, is authorized to award grants to develop 
and implement pilot projects designed to ameliorate gaps in basic elder 
justice-related health, social, or protective services, with the goal 
of identifying what types of services are most useful to elders in 
need, and in what contexts the services are useful.</DELETED>
<DELETED>    ``(h) Increasing the Number of Health Care Professionals 
With Geriatric Training.--The Secretary shall establish programs to 
increase--</DELETED>
        <DELETED>    ``(1) the number of health care professionals 
        (including physicians, nurses, nursing personnel, social 
        workers, and therapists) and students in the health care 
        professions, who receive education and training related to 
        geriatrics; and</DELETED>
        <DELETED>    ``(2) the number of such professionals who provide 
        health care related to geriatrics.</DELETED>
<DELETED>    ``(i) Special Needs Grants.--</DELETED>
        <DELETED>    ``(1) Grants authorized.--The Secretary may award 
        grants to eligible entities to identify, address, and make 
        recommendations on meeting the special needs of underserved 
        populations of elders.</DELETED>
        <DELETED>    ``(2) Populations included.--The grant funds 
        awarded pursuant to paragraph (1) shall be used to fund 
        programs including the following:</DELETED>
                <DELETED>    ``(A) Rural settings.--Programs designed 
                to meet the needs of elders living in rural locations, 
                including the needs of their informal caregivers and 
                fiduciaries. The programs shall include--</DELETED>
                        <DELETED>    ``(i) strategies to decrease 
                        isolation;</DELETED>
                        <DELETED>    ``(ii) training for informal 
                        caregivers and fiduciaries;</DELETED>
                        <DELETED>    ``(iii) activities involving 
                        collaboration between the entities and local 
                        secondary schools and institutions of higher 
                        education to offer classes for credit, focusing 
                        on training individuals to work with elders and 
                        caregivers;</DELETED>
                        <DELETED>    ``(iv) training for volunteers to 
                        serve in rural communities; and</DELETED>
                        <DELETED>    ``(v) strategies on the use of 
                        advance planning to avoid the need for a 
                        guardian or other fiduciary.</DELETED>
                <DELETED>    ``(B) Minority populations.--Programs 
                designed to meet the needs of elders in minority 
                populations, including culturally and linguistically 
                appropriate programs.</DELETED>
                <DELETED>    ``(C) Indian tribes.--Programs designed to 
                provide necessary services to elders who are members of 
                Indian tribes including successful programs in elder 
                abuse, neglect, and exploitation prevention and 
                treatment that target Indian populations. The entities 
                carrying out the programs shall deliver services and 
                distribute educational information on elder abuse, 
                neglect, and exploitation to Indian tribes and other 
                policymakers, health and social service providers, law 
                enforcement, and researchers with a particular interest 
                in elders who are members of Indian tribes.</DELETED>
<DELETED>    ``(j) Public Awareness Grants.--</DELETED>
        <DELETED>    ``(1) Grants authorized.--The Secretary and the 
        Attorney General, after consultation with the advisory board 
        established under section 2214 and the coordinating council 
        established under section 2213, shall jointly award 1 grant to 
        a national organization, or 1 or more grants to eligible 
        entities, to conduct a national multimedia campaign designed to 
        raise awareness about elder abuse, neglect, and 
        exploitation.</DELETED>
        <DELETED>    ``(2) Authorized activities.--Grant funds awarded 
        under paragraph (1) shall be used for activities including the 
        following:</DELETED>
                <DELETED>    ``(A) Raising public awareness regarding 
                financial schemes that target elders.</DELETED>
                <DELETED>    ``(B) Pilot testing of the effectiveness 
                of various types of multimedia campaigns in raising 
                awareness about--</DELETED>
                        <DELETED>    ``(i) the types of elder abuse, 
                        neglect, and exploitation;</DELETED>
                        <DELETED>    ``(ii) steps to take if an 
                        individual suspects elder abuse, neglect, or 
                        exploitation has occurred; and</DELETED>
                        <DELETED>    ``(iii) ways to prevent elder 
                        abuse, neglect, or exploitation.</DELETED>
<DELETED>    ``(k) Elder Justice Innovation Fund.--The Secretary and 
the Attorney General are authorized to jointly award grants to 
individuals or entities working in the elder justice field or related 
fields for research, a demonstration project, development or 
implementation of a promising program or practice, or another 
innovative effort, that might not otherwise be funded or pursued in the 
absence of a grant under this subsection.</DELETED>

<DELETED>``SEC. 2223. STUDIES.</DELETED>

<DELETED>    ``(a) Roles of Entities Responding to Elder Abuse, 
Neglect, and Exploitation.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary of Health and 
        Human Services and the Attorney General shall jointly sponsor 
        or conduct a study of the roles and responsibilities of 
        government and government-funded entities responsible for 
        responding to, investigating, and taking other actions in 
        response to reports of elder abuse, neglect, and exploitation 
        including--</DELETED>
                <DELETED>    ``(A) State and local agencies with the 
                responsibility for adult protective services;</DELETED>
                <DELETED>    ``(B) the State Long-Term Care 
                Ombudsmen;</DELETED>
                <DELETED>    ``(C) law enforcement (including 
                prosecutors);</DELETED>
                <DELETED>    ``(D) fiduciaries;</DELETED>
                <DELETED>    ``(E) judges and other court personnel; 
                and</DELETED>
                <DELETED>    ``(F) such other social and protective 
                service, advocacy, and protection organizations as the 
                Secretary and the Attorney General determine to be 
                appropriate.</DELETED>
        <DELETED>    ``(2) Goals.--The goals of the study authorized in 
        paragraph (1) (which may be conducted in distinct sections, if 
        there is overall coordination) are--</DELETED>
                <DELETED>    ``(A) to identify gaps in detection of, 
                investigation of, and intervention in elder abuse, 
                neglect, and exploitation;</DELETED>
                <DELETED>    ``(B) to improve the response to elder 
                abuse, neglect, and exploitation; and</DELETED>
                <DELETED>    ``(C) to reduce elder victimization and 
                its consequences by assessing and improving the systems 
                created to address reports of the problems.</DELETED>
        <DELETED>    ``(3) Authorized activities.--In conducting the 
        study authorized in paragraph (1), the Director shall--
        </DELETED>
                <DELETED>    ``(A) conduct an evaluation of--</DELETED>
                        <DELETED>    ``(i) how the social and 
                        protective service, advocacy, protection, 
                        judicial, and law enforcement entities and 
                        systems are operating;</DELETED>
                        <DELETED>    ``(ii) the interplay and 
                        allocation of responsibilities among those 
                        entities;</DELETED>
                        <DELETED>    ``(iii) how that allocation 
                        differs from community to community and State 
                        to State; and</DELETED>
                        <DELETED>    ``(iv) how those differences 
                        impact the population intended to be protected 
                        by the entities and systems;</DELETED>
                <DELETED>    ``(B) make recommendations on how to 
                clarify the roles (at the national level) of entities 
                such as State agencies with responsibility for adult 
                protective services, the State Long-Term Care 
                Ombudsmen, and other protection and advocacy entities 
                to enhance efficiency, eliminate gaps in service, and 
                identify conflicting mandates and duplication of 
                efforts; and</DELETED>
                <DELETED>    ``(C) evaluate how various communities 
                delineate the roles and responsibilities of the types 
                of entities described in subparagraph (A) in order to 
                identify and recommend effective models and methods to 
                duplicate the delineation efforts (such as duplication 
                through memoranda of understanding).</DELETED>
<DELETED>    ``(b) Family Elder Abuse, Neglect, and Exploitation 
Study.--</DELETED>
        <DELETED>    ``(1) In general.--The Director of the Centers for 
        Disease Control and Prevention (in this subsection referred to 
        as the `Director'), after consultation with the Director of the 
        Office of Elder Justice in the Department of Health and Human 
        Services and the Director of the Office of Elder Justice in the 
        Department of Justice, shall conduct a study to determine the 
        best method to address elder abuse, neglect, and exploitation 
        from a public health perspective, including examining methods 
        to reduce elder abuse, neglect, and exploitation committed by 
        family members.</DELETED>
        <DELETED>    ``(2) Collaboration.--The Director, in carrying 
        out activities under this subsection, shall collaborate with 
        the Director of the National Institute on Aging, the Director 
        of the Office of Elder Justice in the Department of Health and 
        Human Services, the Director of the Office of Elder Justice in 
        the Department of Justice, the heads of State agencies with 
        responsibility for adult protective services, and the heads of 
        such other entities as the Director determines 
        appropriate.</DELETED>

<DELETED>``SEC. 2224. FORENSIC MARKERS, METHODOLOGIES, AND 
              TRAINING.</DELETED>

<DELETED>    ``(a) Forensic Centers.--</DELETED>
        <DELETED>    ``(1) Grants.--The Secretary shall make grants to 
        appropriate entities to establish and operate stationary and 
        mobile forensic centers, to develop forensic expertise 
        regarding, and provide services relating to, elder abuse, 
        neglect, and exploitation.</DELETED>
        <DELETED>    ``(2) Coordination among forensic centers and 
        centers of excellence.--The entities establishing and operating 
        the forensic centers shall coordinate activities on an ongoing 
        basis with the Centers of Excellence described in section 
        2222(b)(1) and with the Excellence Advisory Committee described 
        in section 2222(b)(5). Such coordination shall include ongoing 
        communication among the entities, the Centers of Excellence, 
        and the Excellence Advisory Committee. The entities shall 
        adhere to the procedures and mechanisms developed by the 
        Excellence Advisory Committee including procedures and 
        mechanisms relating to the sharing of data.</DELETED>
        <DELETED>    ``(3) Stationary forensic centers.--The Secretary 
        shall make 4 of the grants described in paragraph (1) to 
        institutions of higher education with demonstrated expertise in 
        forensics or commitment to preventing or treating elder abuse, 
        neglect, or exploitation, to establish and operate stationary 
        forensic centers. The Secretary shall make at least 2 of the 4 
        grants to an entity operating a Center of Excellence described 
        in section 2222(b)(1) at an institution of higher 
        education.</DELETED>
        <DELETED>    ``(4) Mobile centers.--The Secretary shall make 6 
        of the grants described in paragraph (1) to appropriate 
        entities to establish and operate mobile forensic 
        centers.</DELETED>
        <DELETED>    ``(5) Use of funds.--</DELETED>
                <DELETED>    ``(A) Development of forensic markers and 
                methodologies.--An entity that receives a grant under 
                this subsection shall use funds made available through 
                the grant to assist in the determination of whether 
                abuse or neglect occurred, a crime was committed, to 
                conduct research to describe and disseminate 
                information on--</DELETED>
                        <DELETED>    ``(i) forensic markers that 
                        indicate a case in which elder abuse, neglect, 
                        or exploitation may have occurred; 
                        and</DELETED>
                        <DELETED>    ``(ii) methodologies for 
                        determining, in such a case, when and how 
                        health care, emergency service, social and 
                        protective service, and legal service providers 
                        should intervene and when the providers should 
                        report the case to law enforcement 
                        authorities.</DELETED>
                <DELETED>    ``(B) Applications.--An entity that 
                receives a grant under this subsection shall use funds 
                made available through the grant to develop forensic 
                expertise regarding elder abuse, neglect, and 
                exploitation, in order to provide medical and forensic 
                evaluation, therapeutic intervention, victim support 
                and advocacy, case review, and case tracking.</DELETED>
                <DELETED>    ``(C) Collection of evidence.--An entity 
                operating a Center of Excellence described in section 
                2222(b)(1) that receives a grant under this subsection 
                shall use funds made available through the grant to 
                develop the capacity to collect forensic evidence, 
                including collecting forensic evidence relating to a 
                potential  determination of elder abuse, neglect, or 
exploitation.</DELETED>
<DELETED>    ``(b) Training To Develop Expertise in Geriatric 
Forensics.--</DELETED>
        <DELETED>    ``(1) Fellowship programs.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall 
                provide fellowships to eligible individuals, to enable 
                the individuals to obtain training through a standard 
                forensic science training program.</DELETED>
                <DELETED>    ``(B) Eligible individuals.--To be 
                eligible to receive a fellowship under this paragraph, 
                an individual shall be a physician who--</DELETED>
                        <DELETED>    ``(i) is board certified or board 
                        eligible in internal medicine or family 
                        practice;</DELETED>
                        <DELETED>    ``(ii) has completed a program in 
                        geriatrics that meets such criteria as the 
                        Secretary may prescribe; and</DELETED>
                        <DELETED>    ``(iii) has entered into an 
                        agreement with the Secretary to provide the 
                        team training described in subparagraph (C), 
                        after receiving the training described in 
                        subparagraph (A).</DELETED>
                <DELETED>    ``(C) Team training.--An individual who 
                receives a fellowship under this paragraph shall 
                provide training in forensic geriatrics to 
                interdisciplinary teams of health care 
                professionals.</DELETED>
        <DELETED>    ``(2) Other programs.--The Secretary shall 
        establish programs, and make grants to carry out the programs, 
        to provide forensic training to experienced 
        geriatricians.</DELETED>

   <DELETED>``Subtitle C--Increasing Security, Quality, and Consumer 
                Information for Long-Term Care</DELETED>

 <DELETED>``CHAPTER 1--INCREASING SECURITY FOR LONG-TERM CARE</DELETED>

<DELETED>``SEC. 2231. REPORTING TO LAW ENFORCEMENT OF CRIMES OCCURRING 
              IN FEDERALLY FUNDED LONG-TERM CARE FACILITIES.</DELETED>

<DELETED>    ``(a) Determination and Notification.--</DELETED>
        <DELETED>    ``(1) Determination.--Except as provided in 
        paragraph (2), the owner or operator of each long-term care 
        facility that receives Federal funds shall annually determine 
        if the facility received an amount of Federal funds that was 
        not less than $10,000 during the past year.</DELETED>
        <DELETED>    ``(2) Single positive determination.--The owner or 
        operator shall make the determination for a year unless the 
        owner or operator determined that the facility received that 
        amount during any previous year.</DELETED>
        <DELETED>    ``(3) Notification.--If the owner or operator 
        determines that the facility received that amount during any 
        year, the owner or operator shall annually notify each 
        individual described in subsection (b) of the obligation to 
        comply with subsection (b).</DELETED>
<DELETED>    ``(b) Reporting Requirement.--</DELETED>
        <DELETED>    ``(1) In general.--Each individual who is an 
        owner, operator, employee, manager, agent, or contractor of a 
        long-term care facility that is the subject of a determination 
        described in subsection (a)(3) shall report to 1 or more law 
        enforcement entities for the jurisdiction in which the facility 
        is located, any reasonable suspicion of a crime (as defined by 
        the law of the applicable political subdivision) against any 
        person who is a resident of or receiving care from the 
        facility.</DELETED>
        <DELETED>    ``(2) Timing.--If the events that cause the 
        suspicion--</DELETED>
                <DELETED>    ``(A) result in serious bodily injury, the 
                individual shall report the suspicion immediately, but 
                not later than 2 hours after forming the suspicion; 
                and</DELETED>
                <DELETED>    ``(B) do not result in serious bodily 
                injury, the individual shall report the suspicion not 
                later than 24 hours after forming the 
                suspicion.</DELETED>
<DELETED>    ``(c) Penalty.--</DELETED>
        <DELETED>    ``(1) In general.--If an individual described in 
        subsection (b) violates subsection (b)--</DELETED>
                <DELETED>    ``(A) the individual shall be fined not 
                more than $200,000 or subject to a civil money penalty 
                of not more than $200,000; or</DELETED>
                <DELETED>    ``(B) the Secretary shall classify the 
                individual as an excluded individual, for a period of 
                not more than 3 years.</DELETED>
        <DELETED>    ``(2) Increased harm.--If an individual described 
        in subsection (b) violates subsection (b), and the violation 
        exacerbates the harm to the victim of the crime or results in 
        harm to another person--</DELETED>
                <DELETED>    ``(A) the individual shall be fined not 
                more than $200,000 or subject to a civil money penalty 
                of not more than $200,000; and</DELETED>
                <DELETED>    ``(B) the Secretary shall classify the 
                individual as an excluded individual, for a period of 
                not more than 3 years.</DELETED>
        <DELETED>    ``(3) Excluded individual.--During any period for 
        which an individual is classified as an excluded individual 
        under this paragraph, an entity that employs the individual 
        shall be ineligible to receive funds under the medicare program 
        under title XVIII or the medicaid program under title 
        XIX.</DELETED>
        <DELETED>    ``(4) Extenuating circumstances.--The Secretary 
        may take into account the financial burden on providers with 
        underserved populations in determining the penalty.</DELETED>
<DELETED>    ``(d) Regulations.--The Secretary, after consulting with 
the Attorney General, shall issue regulations to carry out this 
section.</DELETED>

<DELETED>``CHAPTER 2--IMPROVING THE QUALITY OF LONG-TERM CARE</DELETED>

<DELETED>``SEC. 2241. GRANTS AND INCENTIVES TO ENHANCE LONG-TERM CARE 
              STAFFING.</DELETED>

<DELETED>    ``(a) General Authority.--The Administrator of the Centers 
for Medicare & Medicaid Services (in this section referred to as the 
`Administrator') shall carry out activities, including activities 
described in subsection (b) and (c), to provide incentives for 
individuals to train for, seek, and maintain employment providing 
direct care in a long-term care facility.</DELETED>
<DELETED>    ``(b) Specific Programs To Enhance Training, Recruitment, 
and Retention of Staff.--</DELETED>
        <DELETED>    ``(1) Coordination with other programs to recruit 
        and train long-term care staff.--The Administrator shall 
        coordinate activities with the Secretary of Labor and the 
        Assistant Secretary for the Administration for Children and 
        Families, in order to provide incentives to participants in 
        programs carried out under section 403(a)(5) and part A of 
        title IV to train for and seek employment providing direct care 
        in a long-term care facility.</DELETED>
        <DELETED>    ``(2) Career ladders and wage or benefit increases 
        to increase staffing in long-term care facilities.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator shall 
                make grants to eligible entities to carry out programs 
                through which the entities--</DELETED>
                        <DELETED>    ``(i) offer, to employees who 
                        provide direct care in a long-term care 
                        facility, continuing training and varying 
                        levels of certification, based on observed 
                        clinical care practices and the amount of time 
                        the employees spend providing direct care; 
                        and</DELETED>
                        <DELETED>    ``(ii) provide, or make 
                        arrangements with employers to provide, bonuses 
                        or other increased compensation or benefits to 
                        employees who achieve certification under such 
                        a program.</DELETED>
                <DELETED>    ``(B) Application.--To be eligible to 
                receive a grant under this paragraph, an entity shall 
                submit an application to the Administrator at such 
                time, in such manner, and containing such information 
                as the Administrator may require.</DELETED>
<DELETED>    ``(c) Specific Programs To Improve Management Practices.--
</DELETED>
        <DELETED>    ``(1) In general.--The Administrator shall make 
        grants to eligible organizations to enable the organizations to 
        provide training and technical assistance to eligible persons 
        (including administrators, directors of nursing, staff 
        developers, and charge nurses) who establish or implement 
        management practices for long-term care facilities.</DELETED>
        <DELETED>    ``(2) Use of funds.--An organization that receives 
        a grant under paragraph (1) shall use funds made available 
        through the grant--</DELETED>
                <DELETED>    ``(A) to provide training and technical 
                assistance regarding management practices, that are for 
                employees that provide direct care in a long-term care 
                facility, and that are demonstrated to promote 
                retention of those employees, such as--</DELETED>
                        <DELETED>    ``(i) the establishment of basic 
                        human resource policies that reward high 
                        performance, including policies that provide 
                        for improved wages and benefits on the basis of 
                        job reviews;</DELETED>
                        <DELETED>    ``(ii) the establishment of 
                        motivational and thoughtful work organization 
                        practices;</DELETED>
                        <DELETED>    ``(iii) the creation of a 
                        workplace culture that respects and values 
                        caregivers and their needs;</DELETED>
                        <DELETED>    ``(iv) the promotion of a 
                        workplace culture that respects the rights of 
                        residents of a long-term care facility and 
                        results in improved care for the residents; 
                        and</DELETED>
                        <DELETED>    ``(v) the establishment of other 
                        programs that promote the provision of high 
                        quality care, such as a continuing education 
                        program that provides additional hours of 
                        training, including on-the-job training, for 
                        employees who are certified nurse aides; 
                        or</DELETED>
                <DELETED>    ``(B) to disseminate training materials 
                for the training described in subparagraph (A), and to 
                provide the materials to the National Elder Justice 
                Library established in section 2221(a)(4), so that the 
                materials are available to other providers of such 
                training.</DELETED>
        <DELETED>    ``(3) Application.--To be eligible to receive a 
        grant under this subsection, an organization shall submit an 
        application to the Administrator at such time, in such manner, 
        and containing such information as the Administrator may 
        require.</DELETED>
<DELETED>    ``(d) Evaluating Programs.--After the first programs 
developed under this section have been completed, the Administrator 
shall evaluate the outcomes of such programs in determining which 
future applications to fund.</DELETED>
<DELETED>    ``(e) Accountability Measures.--The Administrator shall 
develop accountability measures to assure that funds made available 
under this section benefit the staff who are the intended beneficiaries 
of the programs provided under this section, to promote increases and 
stability in the long-term care workforce.</DELETED>
<DELETED>    ``(f) Compliance With Applicable Laws.--In order to 
receive funds under this section, an eligible entity shall comply with 
all applicable laws, regulations, and guidelines.</DELETED>

<DELETED>``SEC. 2242. COLLABORATIVE EFFORTS TO ENHANCE COMMUNICATION ON 
              PROMOTING QUALITY OF AND PREVENTING ABUSE AND NEGLECT IN 
              LONG-TERM CARE.</DELETED>

<DELETED>    ``(a) In General.--The Director of the Agency for 
Healthcare Research and Quality (in this section referred to as the 
`Director'), after consultation with the Attorney General, may 
establish pilot projects to improve long-term care. In carrying out the 
projects, the Director shall make grants to eligible partnerships to 
develop collaborative and innovative approaches to improve the quality 
of, including preventing abuse and neglect in, long-term 
care.</DELETED>
<DELETED>    ``(b) Eligible Partnerships.--To be eligible to receive a 
grant under this section, a partnership shall be a multidisciplinary 
community partnership, such as a partnership consisting of 
representatives in a community of nursing facility providers, advocates 
for residents of long-term care facilities, State Long-Term Care 
Ombudsmen, surveyors, the State agency with responsibility for adult 
protective services, the State agency with responsibility for licensing 
long-term care facilities, law enforcement agencies, courts, family 
councils, residents, certified nurse aides, registered nurses, 
physicians, and other appropriate entities and individuals.</DELETED>
<DELETED>    ``(c) Application.--To be eligible to receive a grant 
under this section, a partnership shall submit an application to the 
Director at such time, in such manner, and containing such information 
as the Director may require.</DELETED>

<DELETED>``SEC. 2243. COLLABORATIVE EFFORTS TO DEVELOP CONSENSUS AROUND 
              THE MANAGEMENT OF CERTAIN QUALITY-RELATED 
              FACTORS.</DELETED>

<DELETED>    ``(a) In General.--The Director of the Agency for 
Healthcare Research and Quality (in this section referred to as the 
`Director'), after consultation with the Attorney General and the 
Advisory Board established under section 2214, may make grants to 
eligible entities to establish multidisciplinary panels to address, and 
develop consensus on, subjects relating to improving the quality of 
long-term care. The Director shall make a limited number of such 
grants, including at least 1 grant for the establishment of such a 
panel to address, and develop consensus on, methods of managing 
resident-to-resident abuse in long-term care.</DELETED>
<DELETED>    ``(b) Use of Funds.--An entity that receives a grant under 
this section shall--</DELETED>
        <DELETED>    ``(1) establish a multidisciplinary panel to 
        address a specific subject; and</DELETED>
        <DELETED>    ``(2) ensure that the panel uses the funds made 
        available through the grant to establish a goal with respect to 
        the subject, examine relevant research and data, identify best 
        practices with respect to the subject, determine the best way 
        to carry out those best practices in a practical and feasible 
        manner, and determine an effective manner of distributing 
        information on the subject.</DELETED>
<DELETED>    ``(c) Application.--To be eligible to receive a grant 
under this section, an entity shall submit an application to the 
Director at such time, in such manner, and containing such information 
as the Director may require.</DELETED>

 <DELETED>``CHAPTER 3--INCREASING CONSUMER INFORMATION ABOUT LONG-TERM 
                             CARE</DELETED>

<DELETED>``SEC. 2251. LONG-TERM CARE CONSUMER CLEARINGHOUSE.</DELETED>

<DELETED>    ``(a) In General.--The Director of the Office of Elder 
Justice in the Department of Health and Human Services, in coordination 
with the Director of the Agency for Healthcare Research and Quality and 
the Administrator of the Centers for Medicare & Medicaid Services, 
shall establish a long-term care consumer clearinghouse in the 
Department of Health and Human Services.</DELETED>
<DELETED>    ``(b) Information.--The clearinghouse shall be established 
as part of the Elder Justice Resource Center (established under section 
2221) and shall provide comprehensive detailed information, in a 
consumer-friendly form, to consumers about choices relating to long-
term care providers, such as information (including links to websites 
and other resources that provide information) about--</DELETED>
        <DELETED>    ``(1) obtaining the services of, and employing, 
        caregivers who provide long-term care at an individual's home; 
        and</DELETED>
        <DELETED>    ``(2) options for residential long-term care, such 
        as--</DELETED>
                <DELETED>    ``(A)(i) the type of care provided by 
                nursing facilities; and</DELETED>
                <DELETED>    ``(ii) the type of care provided by group 
                homes and other residential long-term care facilities 
                that are not nursing facilities;</DELETED>
                <DELETED>    ``(B) the benefits available through the 
                programs carried out under titles XVIII and XIX of the 
                Social Security Act (42 U.S.C. 1395 et seq. and 1396 et 
                seq.); and</DELETED>
                <DELETED>    ``(C) the care available through specific 
                long-term care facilities, including data on the 
                satisfaction level of residents of, and families of 
                residents of, the facilities.</DELETED>
<DELETED>    ``(c) Providers.--In providing information on long-term 
care providers under this section, the clearinghouse shall provide 
information (from States and other sources) on assisted living 
facilities, board and care facilities, congregate care facilities, home 
health care providers, and other long-term care providers.</DELETED>

<DELETED>``SEC. 2252. CONSUMER INFORMATION ABOUT THE CONTINUUM OF 
              RESIDENTIAL LONG-TERM CARE FACILITIES.</DELETED>

<DELETED>    ``(a) Study.--</DELETED>
        <DELETED>    ``(1) In general.--The Director of the Agency for 
        Healthcare Research and Quality, after consultation with the 
        Director of the Office of Elder Justice in the Department of 
        Health and Human Services and the Director of the Office of 
        Elder Justice in the Department of Justice shall, directly or 
        through a grant, conduct a study on consumer concerns relating 
        to residential long-term care facilities, other than nursing 
        facilities.</DELETED>
        <DELETED>    ``(2) Specific topics.--The entity conducting the 
        study shall--</DELETED>
                <DELETED>    ``(A) develop definitions for classes of 
                the residential long-term care facilities described in 
                paragraph (1); and</DELETED>
                <DELETED>    ``(B) collect information on the prices 
                of, level of services provided by, oversight and 
                enforcement provisions of, and admission and discharge 
                criteria of, the facilities.</DELETED>
<DELETED>    ``(b) Report.--The Director of the Agency for Healthcare 
Research and Quality shall prepare a report containing the results of 
the study, and submit the report to the Elder Justice Coordinating 
Council established under section 2213, the Committee on Ways and Means 
of the House of Representatives, and the Special Committee on Aging of 
the Senate.</DELETED>

            <DELETED>``Subtitle D--Administration</DELETED>

<DELETED>``SEC. 2261. EVALUATIONS.</DELETED>

<DELETED>    ``(a) Grants.--</DELETED>
        <DELETED>    ``(1) In general.--In making a grant under a 
        provision of this title (other than this section), the granting 
        authority shall--</DELETED>
                <DELETED>    ``(A) require the recipient of the grant 
                to--</DELETED>
                        <DELETED>    ``(i) reserve a portion of the 
                        funds made available through the grant; 
                        and</DELETED>
                        <DELETED>    ``(ii) use the reserved funds to 
                        conduct an evaluation of the other activities 
                        carried out through the grant; or</DELETED>
                <DELETED>    ``(B)(i) reserve a portion of the funds 
                available for the grant; and</DELETED>
                <DELETED>    ``(ii) use the reserved funds to provide 
                assistance to an eligible entity to conduct an 
                evaluation of the activities carried out through the 
                grant.</DELETED>
        <DELETED>    ``(2) Use of funds.--A recipient of a grant 
        described in paragraph (1)(A), or assistance described in 
        paragraph (1)(B)(ii), shall use the funds made available 
        through the grant, or the assistance, respectively, to conduct 
        a validated evaluation of the effectiveness of the activities 
        described in subparagraph (A) or (B), respectively, of 
        paragraph (1).</DELETED>
        <DELETED>    ``(3) Applications.--</DELETED>
                <DELETED>    ``(A) Submission.--</DELETED>
                        <DELETED>    ``(i) Grants for projects 
                        containing evaluations.--To be eligible to 
                        receive a grant for which the granting 
                        authority requires the reservation described in 
                        paragraph (1)(A)(i), an entity shall include a 
                        proposal for the evaluation in the application 
                        submitted for the grant.</DELETED>
                        <DELETED>    ``(ii) Assistance for 
                        evaluations.--To be eligible to receive 
                        assistance under paragraph (1)(B)(ii), an 
                        entity shall submit an application to the 
                        granting authority at such time, in such 
                        manner, and containing such information as the 
                        granting authority may require, including a 
                        proposal for the evaluation.</DELETED>
                <DELETED>    ``(B) Review and assistance.--An employee 
                of the National Institute on Aging, and a private 
                expert, with expertise in evaluation methodology shall 
                review each proposal described in clause (i) or (ii) of 
                subparagraph (A), and determine whether the methodology 
                described in the proposal is adequate to gather 
                meaningful information. If the employee and expert 
                determine that the methodology is inadequate, the 
                employee and expert shall recommend that the granting 
                authority deny the application for the grant described 
                in subparagraph (A)(i), or the assistance described in 
                subparagraph (B)(ii), as appropriate, or make 
                recommendations for how the application should be 
                amended. If the granting authority denies the 
                application on the basis of the proposal, the granting 
                authority shall inform the applicant why the 
                application was denied, and offer assistance to the 
                applicant in modifying the proposal.</DELETED>
<DELETED>    ``(b) Other Grants.--The granting authority shall make 
grants to appropriate entities to conduct validated evaluations of 
activities, to reduce elder abuse, neglect, and exploitation, that are 
not funded under this title.</DELETED>
<DELETED>    ``(c) Condition of Participation.--As a condition of 
participation in any grant under this title, individuals, facilities, 
and other entities shall agree to be subject to sections 3729 through 
3733 of title 31, United States Code and other applicable 
laws.</DELETED>

<DELETED>``SEC. 2262. HUMAN SUBJECT RESEARCH.</DELETED>

<DELETED>    ``(a) In General.--For purposes of the application of 
subpart A of part 46 of title 45, Code of Federal Regulations to 
research conducted under this title, the term `legally authorized 
representative' means, unless otherwise provided by law, the 
individual, or judicial or other body authorized under the applicable 
law to consent to medical treatment on behalf of another 
person.</DELETED>
<DELETED>    ``(b) Guidelines.--The Secretary of Health and Human 
Services, through the Director of the National Institute on Aging, 
after consultation with the Director of the Office for Human Research 
Protections and the Excellence Advisory Committee established under 
section 2222(b)(5), shall promulgate guidelines to assist researchers 
working in the area of elder abuse, neglect, and exploitation, with 
issues relating to human subject protections.</DELETED>

<DELETED>``SEC. 2263. REGULATIONS.</DELETED>

<DELETED>    ``The Secretary may issue such regulations as may be 
necessary to carry out this title.</DELETED>

<DELETED>``SEC. 2264. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``There are authorized to be appropriated to carry out 
this title such sums as may be necessary for each of fiscal years 2004 
through 2010.''.</DELETED>

<DELETED>SEC. 102. PATIENT ABUSE PREVENTION.</DELETED>

<DELETED>    (a) Establishment of Program To Prevent Abuse of Nursing 
Facility Residents.--</DELETED>
        <DELETED>    (1) Screening of Skilled Nursing Facility and 
        Nursing Facility Employee Applicants.--</DELETED>
                <DELETED>    (A) Medicare program.--Section 1819(b) of 
                the Social Security Act (42 U.S.C. 1395i-3(b)) is 
                amended by adding at the end the following:</DELETED>
        <DELETED>    ``(8) Screening of skilled nursing facility 
        workers.--</DELETED>
                <DELETED>    ``(A) Background checks on applicants.--
                Subject to subparagraph (B)(ii), before hiring a 
                skilled nursing facility worker, a skilled nursing 
                facility shall--</DELETED>
                        <DELETED>    ``(i) give the worker written 
                        notice that the facility is required to 
perform background checks with respect to applicants;</DELETED>
                        <DELETED>    ``(ii) require, as a condition of 
                        employment, that such worker--</DELETED>
                                <DELETED>    ``(I) provide a written 
                                statement disclosing any conviction for 
                                a relevant crime;</DELETED>
                                <DELETED>    ``(II) provide a statement 
                                signed by the worker authorizing the 
                                facility to request the search and 
                                exchange of criminal records;</DELETED>
                                <DELETED>    ``(III) provide in person 
                                to the facility a copy of the worker's 
                                fingerprints or thumb print, depending 
                                upon available technology; 
                                and</DELETED>
                                <DELETED>    ``(IV) provide any other 
                                identification information the 
                                Secretary may specify in regulation; 
                                and</DELETED>
                        <DELETED>    ``(iii) request through the 
                        appropriate State agency that the State 
                        initiate a State and national criminal 
                        background check on such worker in accordance 
                        with the provisions of subsection (e)(6) and 
                        submit to such State agency the information 
                        described in subclauses (II) through (IV) of 
                        clause (ii).</DELETED>
                <DELETED>    ``(B) Prohibition on hiring of abusive 
                workers.--</DELETED>
                        <DELETED>    ``(i) In general.--A skilled 
                        nursing facility may not knowingly employ any 
                        skilled nursing facility worker who has any 
                        conviction for a relevant crime.</DELETED>
                        <DELETED>    ``(ii) Provisional employment.--
                        After complying with the requirements of 
                        clauses (i) and (ii) of subparagraph (A), a 
                        skilled nursing facility may provide for a 
                        provisional period of employment for a skilled 
                        nursing facility worker pending completion of 
                        the check against the background check 
                        described under subparagraph (A)(iii). Subject 
                        to clause (iii), such facility shall maintain 
                        direct supervision of the covered individual 
                        during the worker's provisional period of 
                        employment.</DELETED>
                        <DELETED>    ``(iii) Exception for small rural 
                        skilled nursing facilities.--In the case of a 
                        small rural skilled nursing facility (as 
                        defined by the Secretary), the Secretary shall 
                        provide, by regulation after consultation with 
                        providers of skilled nursing facility services 
                        and entities representing beneficiaries of such 
                        services, for an appropriate level of 
                        supervision with respect to any provisional 
                        employees employed by the facility in 
                        accordance with clause (ii). Such regulation 
                        should encourage the provision of direct 
                        supervision of such employees whenever 
                        practicable with respect to such a facility and 
                        if such supervision would not impose an 
                        unreasonable cost or other burden on the 
                        facility.</DELETED>
                <DELETED>    ``(C) Reporting requirements.--A skilled 
                nursing facility shall report to the State any instance 
                in which the facility determines that a skilled nursing 
                facility worker has committed an act of resident 
                neglect or abuse or misappropriation of resident 
                property in the course of employment by the 
                facility.</DELETED>
                <DELETED>    ``(D) Use of information.--</DELETED>
                        <DELETED>    ``(i) In general.--A skilled 
                        nursing facility that obtains information about 
                        a skilled nursing facility worker pursuant to 
                        subparagraph (A)(iii) may use such information 
                        only for the purpose of determining the 
                        suitability of the worker for 
                        employment.</DELETED>
                        <DELETED>    ``(ii) Immunity from liability.--A 
                        skilled nursing facility that, in denying 
                        employment for an applicant (including during 
                        the period described in subparagraph (B)(ii)), 
                        reasonably relies upon information about such 
                        applicant provided by the State pursuant to 
                        subsection (e)(6) shall not be liable in any 
                        action brought by such applicant based on the 
                        employment determination resulting from the 
                        information.</DELETED>
                        <DELETED>    ``(iii) Criminal penalty.--Whoever 
                        knowingly violates the provisions of clause (i) 
                        shall be fined in accordance with title 18, 
                        United States Code, imprisoned for not more 
                        than 2 years, or both.</DELETED>
                <DELETED>    ``(E) Civil penalty.--</DELETED>
                        <DELETED>    ``(i) In general.--A skilled 
                        nursing facility that violates the provisions 
                        of this paragraph shall be subject to a civil 
                        penalty in an amount not to exceed--</DELETED>
                                <DELETED>    ``(I) for the first such 
                                violation, $2,000; and</DELETED>
                                <DELETED>    ``(II) for the second and 
                                each subsequent violation within any 5-
                                year period, $5,000.</DELETED>
                        <DELETED>    ``(ii) Knowing retention of 
                        worker.--In addition to any civil penalty under 
                        clause (i), a skilled nursing facility that--
                        </DELETED>
                                <DELETED>    ``(I) knowingly continues 
                                to employ a skilled nursing facility 
                                worker in violation of subparagraph (A) 
                                or (B); or</DELETED>
                                <DELETED>    ``(II) knowingly fails to 
                                report a skilled nursing facility 
                                worker under subparagraph 
                                (C),</DELETED>
                        <DELETED>shall be subject to a civil penalty in 
                        an amount not to exceed $5,000 for the first 
                        such violation, and $10,000 for the second and 
                        each subsequent violation within any 5-year 
                        period.</DELETED>
                <DELETED>    ``(F) Definitions.--In this 
                paragraph:</DELETED>
                        <DELETED>    ``(i) Conviction for a relevant 
                        crime.--The term `conviction for a relevant 
                        crime' means any Federal or State criminal 
                        conviction for--</DELETED>
                                <DELETED>    ``(I) any offense 
                                described in paragraphs (1) through (4) 
                                of section 1128(a); and</DELETED>
                                <DELETED>    ``(II) such other types of 
                                offenses as the Secretary may specify 
                                in regulations, taking into account the 
                                severity and relevance of such 
                                offenses, and after consultation with 
                                representatives of long-term care 
                                providers, representatives of long-term 
                                care employees, consumer advocates, and 
                                appropriate Federal and State 
                                officials.</DELETED>
                        <DELETED>    ``(ii) Disqualifying 
                        information.--The term `disqualifying 
                        information' means information about a 
                        conviction for a relevant crime.</DELETED>
                        <DELETED>    ``(iii) Skilled nursing facility 
                        worker.--The term `skilled nursing facility 
                        worker' means any individual (other than a 
                        volunteer) that has access to a patient of a 
                        skilled nursing facility under an employment or 
                        other contract, or both, with such facility. 
                        Such term includes individuals who are licensed 
                        or certified by the State to provide such 
                        services, and nonlicensed individuals providing 
                        such services, as defined by the Secretary, 
                        including nurse assistants, nurse aides, home 
                        health aides, and personal care workers and 
                        attendants.''.</DELETED>
                <DELETED>    (B) Medicaid program.--Section 1919(b) of 
                the Social Security Act (42 U.S.C. 1396r(b)) is amended 
                by adding at the end the following new 
                paragraph:</DELETED>
        <DELETED>    ``(8) Screening of nursing facility workers.--
        </DELETED>
                <DELETED>    ``(A) Background checks on applicants.--
                Subject to subparagraph (B)(ii), before hiring a 
                nursing facility worker, a nursing facility shall--
                </DELETED>
                        <DELETED>    ``(i) give the worker written 
                        notice that the facility is required to perform 
                        background checks with respect to 
                        applicants;</DELETED>
                        <DELETED>    ``(ii) require, as a condition of 
                        employment, that such worker--</DELETED>
                                <DELETED>    ``(I) provide a written 
                                statement disclosing any conviction for 
                                a relevant crime;</DELETED>
                                <DELETED>    ``(II) provide a statement 
                                signed by the worker authorizing the 
                                facility to request the search and 
                                exchange of criminal records;</DELETED>
                                <DELETED>    ``(III) provide in person 
                                to the facility a copy of the worker's 
                                fingerprints or thumb print, depending 
                                upon available technology; 
                                and</DELETED>
                                <DELETED>    ``(IV) provide any other 
                                identification information the 
                                Secretary may specify in regulation; 
                                and</DELETED>
                        <DELETED>    ``(iii) request through the 
                        appropriate State agency that the State 
                        initiate a State and national criminal 
                        background check on such worker in accordance 
                        with the provisions of subsection (e)(8) and 
                        submit to such State agency the information 
                        described in subclauses (II) through (IV) of 
                        clause (ii).</DELETED>
                <DELETED>    ``(B) Prohibition on hiring.--</DELETED>
                        <DELETED>    ``(i) In general.--A nursing 
                        facility may not knowingly employ any nursing 
                        facility worker who has any conviction for a 
                        relevant crime.</DELETED>
                        <DELETED>    ``(ii) Provisional employment.--
                        After complying with the requirements of 
                        clauses (i) and (ii) of subparagraph (A), a 
                        nursing facility may provide for a provisional 
                        period of employment for a nursing facility 
                        worker pending completion of the check against 
                        the background check described under 
                        subparagraph (A)(iii). Subject to clause (iii), 
                        such facility shall maintain direct supervision 
                        of the worker during the worker's provisional 
                        period of employment.</DELETED>
                        <DELETED>    ``(iii) Exception for small rural 
                        nursing facilities.--In the case of a small 
                        rural nursing facility (as defined by the 
                        Secretary), the Secretary shall provide, by 
                        regulation after consultation with providers of 
                        nursing facility services and entities 
                        representing beneficiaries of such services, 
                        for an appropriate level of supervision with 
                        respect to any provisional employees employed 
                        by the facility in accordance with clause (ii). 
                        Such regulation should encourage the provision 
                        of direct supervision of such employees 
                        whenever practicable with respect to such a 
                        facility and if such supervision would not 
                        impose an unreasonable cost or other burden on 
                        the facility.</DELETED>
                <DELETED>    ``(C) Reporting requirements.--A nursing 
                facility shall report to the State any instance in 
                which the facility determines that a nursing facility 
                worker has committed an act of resident neglect or 
                abuse or misappropriation of resident property in the 
                course of employment by the facility.</DELETED>
                <DELETED>    ``(D) Use of information.--</DELETED>
                        <DELETED>    ``(i) In general.--A nursing 
                        facility that obtains information about a 
                        nursing facility worker pursuant to 
                        subparagraph (A)(iii) may use such information 
                        only for the purpose of determining the 
                        suitability of the worker for 
                        employment.</DELETED>
                        <DELETED>    ``(ii) Immunity from liability.--A 
                        nursing facility that, in denying employment 
                        for an applicant (including during the period 
                        described in subparagraph (B)(ii)), reasonably 
                        relies upon information about such applicant 
                        provided by the State pursuant to subsection 
                        (e)(8) shall not be liable in any action 
                        brought by such applicant based on the 
                        employment determination resulting from the 
                        information.</DELETED>
                        <DELETED>    ``(iii) Criminal penalty.--Whoever 
                        knowingly violates the provisions of clause (i) 
                        shall be fined in accordance with title 18, 
                        United States Code, imprisoned for not more 
                        than 2 years, or both.</DELETED>
                <DELETED>    ``(E) Civil penalty.--</DELETED>
                        <DELETED>    ``(i) In general.--A nursing 
                        facility that violates the provisions of this 
                        paragraph shall be subject to a civil penalty 
                        in an amount not to exceed--</DELETED>
                                <DELETED>    ``(I) for the first such 
                                violation, $2,000; and</DELETED>
                                <DELETED>    ``(II) for the second and 
                                each subsequent violation within any 5-
                                year period, $5,000.</DELETED>
                        <DELETED>    ``(ii) Knowing retention of 
                        worker.--In addition to any civil penalty under 
                        clause (i), a nursing facility that--</DELETED>
                                <DELETED>    ``(I) knowingly continues 
                                to employ a nursing facility worker in 
                                violation of subparagraph (A) or (B); 
                                or</DELETED>
                                <DELETED>    ``(II) knowingly fails to 
                                report a nursing facility worker under 
                                subparagraph (C),</DELETED>
                        <DELETED>shall be subject to a civil penalty in 
                        an amount not to exceed $5,000 for the first 
                        such violation, and $10,000 for the second and 
                        each subsequent violation within any 5-year 
                        period.</DELETED>
                <DELETED>    ``(F) Definitions.--In this 
                paragraph:</DELETED>
                        <DELETED>    ``(i) Conviction for a relevant 
                        crime.--The term `conviction for a relevant 
                        crime' means any Federal or State criminal 
                        conviction for--</DELETED>
                                <DELETED>    ``(I) any offense 
                                described in paragraphs (1) through (4) 
                                of section 1128(a); and</DELETED>
                                <DELETED>    ``(II) such other types of 
                                offenses as the Secretary may specify 
                                in regulations, taking into account the 
                                severity and relevance of such 
                                offenses, and after consultation with 
                                representatives of long-term care 
                                providers, representatives of long-term 
                                care employees, consumer advocates, and 
                                appropriate Federal and State 
                                officials.</DELETED>
                        <DELETED>    ``(ii) Disqualifying 
                        information.--The term `disqualifying 
                        information' means information about a 
                        conviction for a relevant crime.</DELETED>
                        <DELETED>    ``(iii) Nursing facility worker.--
                        The term `nursing facility worker' means any 
                        individual (other than a volunteer) that has 
                        access to a patient of a nursing facility under 
                        an employment or other contract, or both, with 
                        such facility. Such term includes individuals 
                        who are licensed or certified by the State to 
                        provide such services, and nonlicensed 
                        individuals providing such services, as defined 
                        by the Secretary, including nurse assistants, 
                        nurse aides, home health aides, and personal 
                        care workers and attendants.''.</DELETED>
                <DELETED>    (C) Federal responsibilities.--</DELETED>
                        <DELETED>    (i) Development of standard 
                        federal and state background check form.--The 
                        Secretary of Health and Human Services, after 
                        consultation with the Attorney General and 
                        representatives of appropriate State agencies, 
                        shall develop a model form that an applicant 
                        for employment at a nursing facility may 
                        complete and Federal and State agencies may use 
                        to conduct the criminal background checks 
                        required under sections 1819(b)(8) and 
                        1919(b)(8) of the Social Security Act (42 
                        U.S.C. 1395i-3(b), 1396r(b)) (as added by this 
                        section).</DELETED>
                        <DELETED>    (ii) Periodic evaluation.--The 
                        Secretary of Health and Human Services, after 
                        consultation with the Attorney General, 
                        periodically shall evaluate the background 
                        check system imposed under sections 1819(b)(8) 
                        and 1919(b)(8) of the Social Security Act (42 
                        U.S.C. 1395i-3(b), 1396r(b)) (as added by this 
                        section) and shall implement changes, as 
                        necessary, based on available technology, to 
                        make the background check system more efficient 
                        and able to provide a more immediate response 
                        to long-term care providers using the 
                        system.</DELETED>
                <DELETED>    (D) No preemption of stricter state 
                laws.--Nothing in section 1819(b)(8) or 1919(b)(8) of 
                the Social Security Act (42 U.S.C. 1395i-3(b)(8), 
                1396r(b)(8)) (as so added) shall be construed to 
                supersede any provision of State law that--</DELETED>
                        <DELETED>    (i) specifies a relevant crime for 
                        purposes of prohibiting the employment of an 
                        individual at a long-term care facility that is 
                        not included in the list of such crimes 
                        specified in such sections or in regulations 
                        promulgated by the Secretary of Health and 
                        Human Services to carry out such sections; 
                        or</DELETED>
                        <DELETED>    (ii) requires a long-term care 
                        facility (as so defined) to conduct a 
                        background check prior to employing an 
                        individual in an employment position that is 
                        not included in the positions for which a 
                        background check is required under such 
                        sections.</DELETED>
                <DELETED>    (E) Technical amendments.--Effective as if 
                included in the enactment of section 941 of the 
                Medicare, Medicaid, and SCHIP Benefits Improvement and 
                Protection Act of 2000 (114 Stat. 2763A-585), as 
                enacted into law by section 1(a)(6) of Public Law 106-
                554, sections 1819(b) and 1919(b) of the Social 
                Security Act (42 U.S.C. 1395i-3(b), 1396r(b)), as 
                amended by such section 941 (as so enacted into law) 
                are each amended by redesignating the paragraph (8) 
                added by such section as paragraph (9).</DELETED>
        <DELETED>    (2) Federal and state requirements concerning 
        background checks.--</DELETED>
                <DELETED>    (A) Medicare.--Section 1819(e) of the 
                Social Security Act (42 U.S.C. 1395i-3(e)) is amended 
                by adding at the end the following:</DELETED>
        <DELETED>    ``(6) Federal and state requirements concerning 
        criminal background checks on skilled nursing facility 
        employees.--</DELETED>
                <DELETED>    ``(A) In general.--Upon receipt of a 
                request by a skilled nursing facility pursuant to 
                subsection (b)(8) that is accompanied by the 
                information described in subclauses (II) through (IV) 
                of subsection (b)(8)(A)(ii), a State, after checking 
                appropriate State records and finding no disqualifying 
                information (as defined in subsection (b)(8)(F)(ii)), 
                shall immediately submit such request and information 
                to the Attorney General and shall request the Attorney 
                General to conduct a search and exchange of records 
                with respect to the individual as described in 
                subparagraph (B).</DELETED>
                <DELETED>    ``(B) Search and exchange of records by 
                attorney general.--Upon receipt of a submission 
                pursuant to subparagraph (A), the Attorney General 
                shall direct a search of the records of the Federal 
                Bureau of Investigation for any criminal history 
                records corresponding to the fingerprints and other 
                positive identification information submitted. The 
                Attorney General shall provide any corresponding 
                information resulting from the search to the 
                State.</DELETED>
                <DELETED>    ``(C) State reporting of information to 
                skilled nursing facility.--Upon receipt of the 
                information provided by the Attorney General pursuant 
                to subparagraph (B), the State shall--</DELETED>
                        <DELETED>    ``(i) review the information to 
                        determine whether the individual has any 
                        conviction for a relevant crime (as defined in 
                        subsection (b)(8)(F)(i)); and</DELETED>
                        <DELETED>    ``(ii) immediately report to the 
                        skilled nursing facility in writing the results 
                        of such review.</DELETED>
                <DELETED>    ``(D) Fees for performance of criminal 
                background checks.--</DELETED>
                        <DELETED>    ``(i) Authority to charge fees.--
                        </DELETED>
                                <DELETED>    ``(I) Attorney general.--
                                The Attorney General may charge a fee 
                                to any State requesting a search and 
                                exchange of records pursuant to this 
                                paragraph and subsection (b)(8) for 
                                conducting the search and providing the 
                                records. The amount of such fee shall 
                                not exceed the lesser of the actual 
                                cost of such activities or $50. Such 
                                fees shall be available to the Attorney 
                                General, or, in the Attorney General's 
                                discretion, to the Federal Bureau of 
                                Investigation until expended.</DELETED>
                                <DELETED>    ``(II) State.--A State may 
                                charge a skilled nursing facility a fee 
                                for initiating the criminal background 
                                check under this paragraph and 
                                subsection (b)(8), including fees 
                                charged by the Attorney General, and 
                                for performing the review and report 
                                required by subparagraph (C). The 
                                amount of such fee shall not exceed the 
                                actual cost of such 
                                activities.</DELETED>
                        <DELETED>    ``(ii) Prohibition on charging 
                        applicants or employees.--An entity may not 
                        impose on an applicant for employment or an 
                        employee any charges relating to the 
                        performance of a background check under this 
                        paragraph.</DELETED>
                <DELETED>    ``(E) Regulations.--</DELETED>
                        <DELETED>    ``(i) In general.--In addition to 
                        the Secretary's authority to promulgate 
                        regulations under this title, the Attorney 
                        General, after consultation with the Secretary, 
                        may promulgate such regulations as are 
                        necessary to carry out the Attorney General's 
                        responsibilities under this paragraph and 
                        subsection (b)(9), including regulations 
                        regarding the security confidentiality, 
                        accuracy, use, destruction, and dissemination 
                        of information, audits and recordkeeping, and 
                        the imposition of fees.</DELETED>
                        <DELETED>    ``(ii) Appeal procedures.--The 
                        Attorney General, after consultation with the 
                        Secretary, shall promulgate such regulations as 
                        are necessary to establish procedures by which 
                        an applicant or employee may appeal or dispute 
                        the accuracy of the information obtained in a 
                        background check conducted under this 
                        paragraph. Appeals shall be limited to 
                        instances in which an applicant or employee is 
                        incorrectly identified as the subject of the 
                        background check, or when information about the 
                        applicant or employee has not been updated to 
                        reflect changes in the applicant's or 
                        employee's criminal record.</DELETED>
                <DELETED>    ``(F) Report.--Not later than 2 years 
                after the date of enactment of this paragraph, the 
                Attorney General shall submit a report to Congress on--
                </DELETED>
                        <DELETED>    ``(i) the number of requests for 
                        searches and exchanges of records made under 
                        this section;</DELETED>
                        <DELETED>    ``(ii) the disposition of such 
                        requests; and</DELETED>
                        <DELETED>    ``(iii) the cost of responding to 
                        such requests.''.</DELETED>
                <DELETED>    (B) Medicaid.--Section 1919(e) of the 
                Social Security Act (42 U.S.C. 1396r(e)) is amended by 
                adding at the end the following:</DELETED>
        <DELETED>    ``(8) Federal and state requirements concerning 
        criminal background checks on nursing facility employees.--
        </DELETED>
                <DELETED>    ``(A) In general.--Upon receipt of a 
                request by a nursing facility pursuant to subsection 
                (b)(8) that is accompanied by the information described 
                in subclauses (II) through (IV) of subsection 
                (b)(8)(A)(ii), a State, after checking appropriate 
                State records and finding no disqualifying information 
                (as defined in subsection (b)(8)(F)(ii)), shall 
                immediately submit such request and information to the 
                Attorney General and shall request the Attorney General 
                to conduct a search and exchange of records with 
                respect to the individual as described in subparagraph 
                (B).</DELETED>
                <DELETED>    ``(B) Search and exchange of records by 
                attorney general.--Upon receipt of a submission 
                pursuant to subparagraph (A), the Attorney General 
                shall direct a search of the records of the Federal 
                Bureau of Investigation for any criminal history 
                records corresponding to the fingerprints and other 
                positive identification information submitted. The 
                Attorney General shall provide any corresponding 
                information resulting from the search to the 
                State.</DELETED>
                <DELETED>    ``(C) State reporting of information to 
                nursing facility.--Upon receipt of the information 
                provided by the Attorney General pursuant to 
                subparagraph (B), the State shall--</DELETED>
                        <DELETED>    ``(i) review the information to 
                        determine whether the individual has any 
                        conviction for a relevant crime (as defined in 
                        subsection (b)(8)(F)(i)); and</DELETED>
                        <DELETED>    ``(ii) immediately report to the 
                        nursing facility in writing the results of such 
                        review.</DELETED>
                <DELETED>    ``(D) Fees for performance of criminal 
                background checks.--</DELETED>
                        <DELETED>    ``(i) Authority to charge fees.--
                        </DELETED>
                                <DELETED>    ``(I) Attorney general.--
                                The Attorney General may charge a fee 
                                to any State requesting a search and 
                                exchange of records pursuant to this 
                                paragraph and subsection (b)(8) for 
                                conducting the search and providing the 
                                records. The amount of such fee shall 
                                not exceed the lesser of the actual 
                                cost of such activities or $50. Such 
                                fees shall be available to the Attorney 
                                General, or, in the Attorney General's 
                                discretion, to the Federal Bureau of 
                                Investigation, until 
                                expended.</DELETED>
                                <DELETED>    ``(II) State.--A State may 
                                charge a nursing facility a fee for 
                                initiating the criminal background 
                                check under this paragraph and 
                                subsection (b)(8), including fees 
                                charged by the Attorney General, and 
                                for performing the review and report 
                                required by subparagraph (C). The 
                                amount of such fee shall not exceed the 
                                actual cost of such 
                                activities.</DELETED>
                        <DELETED>    ``(ii) Prohibition on charging 
                        applicants or employees.--An entity may not 
                        impose on an applicant for employment or an 
                        employee any charges relating to the 
                        performance of a background check under this 
                        paragraph.</DELETED>
                <DELETED>    ``(E) Regulations.--</DELETED>
                        <DELETED>    ``(i) In general.--In addition to 
                        the Secretary's authority to promulgate 
                        regulations under this title, the Attorney 
                        General, after consultation with the Secretary, 
                        may promulgate such regulations as are 
                        necessary to carry out the Attorney General's 
                        responsibilities under this paragraph and 
                        subsection (b)(8), including regulations 
                        regarding the security, confidentiality, 
                        accuracy, use, destruction, and dissemination 
                        of information, audits and recordkeeping, and 
                        the imposition of fees.</DELETED>
                        <DELETED>    ``(ii) Appeal procedures.--The 
                        Attorney General, after consultation with the 
                        Secretary, shall promulgate such regulations as 
                        are necessary to establish procedures by which 
                        an applicant or employee may appeal or dispute 
                        the accuracy of the information obtained in a 
                        background check conducted under this 
                        paragraph. Appeals shall be limited to 
                        instances in which an applicant or employee is 
                        incorrectly identified as the subject of the 
                        background check, or when information about the 
                        applicant or employee has not been updated to 
                        reflect changes in the applicant's or 
                        employee's criminal record.</DELETED>
                <DELETED>    ``(F) Report.--Not later than 2 years 
                after the date of enactment of this paragraph, the 
                Attorney General shall submit a report to Congress on--
                </DELETED>
                        <DELETED>    ``(i) the number of requests for 
                        searches and exchanges of records made under 
                        this section;</DELETED>
                        <DELETED>    ``(ii) the disposition of such 
                        requests; and</DELETED>
                        <DELETED>    ``(iii) the cost of responding to 
                        such requests.''.</DELETED>
        <DELETED>    (3) Application to other entities providing home 
        health or long-term care services.--</DELETED>
                <DELETED>    (A) Medicare.--Part D of title XVIII of 
                the Social Security Act (42 U.S.C. 1395x et seq.) is 
                amended by adding at the end the following:</DELETED>

  <DELETED>``application of skilled nursing facility preventive abuse 
 provisions to any provider of services or other entity providing home 
              health or long-term care services</DELETED>

<DELETED>    ``Sec. 1897. (a) In General.--The requirements of 
subsections (b)(8) and (e)(6) of section 1819 shall apply to any 
provider of services or any other entity that is eligible to be paid 
under this title for providing home health services, hospice care 
(including routine home care and other services included in hospice 
care under this title), or long-term care services to an individual 
entitled to benefits under part A or enrolled under part B, including 
an individual provided with a Medicare+Choice plan offered by a 
Medicare+Choice organization under part C (in this section referred to 
as a `medicare beneficiary').</DELETED>
<DELETED>    ``(b) Supervision of Provisional Employees.--</DELETED>
        <DELETED>    ``(1) In general.--With respect to an entity that 
        provides home health services, such entity shall be considered 
        to have satisfied the requirements of section 1819(b)(8)(B)(ii) 
        or 1919(b)(8)(B)(ii) if the entity meets such requirements for 
        supervision of provisional employees of the entity as the 
        Secretary shall, by regulation, specify in accordance with 
        paragraph (2).</DELETED>
        <DELETED>    ``(2) Requirements.--The regulations required 
        under paragraph (1) shall provide the following:</DELETED>
                <DELETED>    ``(A) Supervision of a provisional 
                employee shall consist of ongoing, good faith, 
                verifiable efforts by the supervisor of the provisional 
                employee to conduct monitoring and oversight activities 
                to ensure the safety of a medicare 
                beneficiary.</DELETED>
                <DELETED>    ``(B) For purposes of subparagraph (A), 
                monitoring and oversight activities may include (but 
                are not limited to) the following:</DELETED>
                        <DELETED>    ``(i) Follow-up telephone calls to 
                        the medicare beneficiary.</DELETED>
                        <DELETED>    ``(ii) Unannounced visits to the 
                        medicare beneficiary's home while the 
                        provisional employee is serving the medicare 
                        beneficiary.</DELETED>
                        <DELETED>    ``(iii) To the extent practicable, 
                        limiting the provisional employee's duties to 
                        serving only those medicare beneficiaries in a 
                        home or setting where another family member or 
                        resident of the home or setting of the medicare 
                        beneficiary is present.</DELETED>
                <DELETED>    ``(C) In promulgating such regulations, 
                the Secretary shall take into account the staffing and 
                geographic issues faced by small rural entities (as 
                defined by the Secretary) that provide home health 
                services, hospice care (including routine home care and 
                other services included in hospice care under this 
                title), or other long-term care services. Such 
                regulations should encourage the provision of 
                monitoring and oversight activities whenever 
                practicable with respect to such an entity, and if such 
                activities would not impose an unreasonable cost or 
                other burden on the entity.''.</DELETED>
                <DELETED>    (B) Medicaid.--Section 1902(a) of the 
                Social Security Act (42 U.S.C. 1396a) is amended--
                </DELETED>
                        <DELETED>    (i) in paragraph (64), by striking 
                        ``and'' at the end;</DELETED>
                        <DELETED>    (ii) in paragraph (65), by 
                        striking the period and inserting ``; and''; 
                        and</DELETED>
                        <DELETED>    (iii) by inserting after paragraph 
                        (65) the following:</DELETED>
        <DELETED>    ``(66) provide that any entity that is eligible to 
        be paid under the State plan for providing home health 
        services, hospice care (including routine home care and other 
        services included in hospice care under title XVIII), or long-
        term care services for which medical assistance is available 
        under the State plan to individuals requiring long-term care 
        complies with the requirements of subsections (b)(8) and (e)(8) 
        of section 1919 and section 1897(b) (in the same manner as such 
        section applies to a medicare beneficiary).''.</DELETED>
<DELETED>    (b) Prevention and Training Demonstration Project.--
</DELETED>
        <DELETED>    (1) Establishment.--The Secretary of Health and 
        Human Services shall establish a demonstration program to 
        provide grants to develop information on best practices in 
        patient abuse prevention training (including behavior training 
        and interventions) for managers and staff of hospital and 
        health care facilities.</DELETED>
        <DELETED>    (2) Eligibility.--To be eligible to receive a 
        grant under paragraph (1), an entity shall be a public or 
        private nonprofit entity and prepare and submit to the 
        Secretary of Health and Human Services an application at such 
        time, in such manner, and containing such information as the 
        Secretary may require.</DELETED>
        <DELETED>    (3) Use of funds.--Amounts received under a grant 
        under this subsection shall be used to--</DELETED>
                <DELETED>    (A) examine ways to improve collaboration 
                between State health care survey and provider 
                certification agencies, long-term care ombudsman 
                programs, the long-term care industry, and local 
                community members;</DELETED>
                <DELETED>    (B) examine patient care issues relating 
                to regulatory oversight, community involvement, and 
                facility staffing and management with a focus on staff 
                training, staff stress management, and staff 
                supervision;</DELETED>
                <DELETED>    (C) examine the use of patient abuse 
                prevention training programs by long-term care 
                entities, including the training program developed by 
                the National Association of Attorneys General, and the 
                extent to which such programs are used; and</DELETED>
                <DELETED>    (D) identify and disseminate best 
                practices for preventing and reducing patient 
                abuse.</DELETED>
        <DELETED>    (4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection such 
        sums as may be necessary.</DELETED>
<DELETED>    (c) Sense of the Senate Regarding the Establishment of a 
National Background Check System for Long-Term Care Employees.--
</DELETED>
        <DELETED>    (1) Findings.--The Senate makes the following 
        findings:</DELETED>
                <DELETED>    (A) Nearly 1,500,000 Americans reside in 
                17,000 nursing homes throughout the Nation, and the 
                vast majority of nursing homes participate in the 
                medicare and medicaid programs.</DELETED>
                <DELETED>    (B) The Federal Government spent 
                $82,100,000,000 through the medicare and medicaid 
programs in fiscal year 2000 for long-term care services.</DELETED>
                <DELETED>    (C) The impending retirement of the baby 
                boom generation will greatly increase the demand and 
                need for quality long-term care, and it is incumbent on 
                Congress and the President to ensure that medicare and 
                medicaid beneficiaries are protected from abuse, 
                neglect, and mistreatment.</DELETED>
                <DELETED>    (D) On July 30, 2001, the minority staff 
                of the special investigations division of the Committee 
                on Government Reform of the House of Representatives 
                issued a report which found that in the past 2 years, 
                over 30 percent of nursing homes in the United States 
                were cited for a physical, sexual, or verbal abuse 
                violation that had the potential to harm residents, and 
                nearly 10 percent of nursing homes had violations that 
                caused actual harm to residents.</DELETED>
                <DELETED>    (E) Although the majority of long-term 
                care facilities do an excellent job in caring for 
                elderly and disabled patients, incidents of abuse and 
                neglect and mistreatment do occur at an unacceptable 
                rate and are not limited to nursing homes 
                alone.</DELETED>
                <DELETED>    (F) Without a national background check 
                system to screen applicants for employment, all long-
                term care providers, including nursing facilities, home 
                health, home care, and hospice providers, are at risk 
                for hiring workers with a history of abuse and 
                violence.</DELETED>
                <DELETED>    (G) A March 2002 report by the General 
                Accounting Office found that few prosecutions and 
                criminal convictions result from allegations of abuse 
                in nursing homes.</DELETED>
                <DELETED>    (H) Federal law requires all States to 
                maintain a nurse aide registry which includes any 
                substantiated findings of abuse committed by nurse 
                aides in nursing homes.</DELETED>
                <DELETED>    (I) In March 2002, the General Accounting 
                Office testified before the Special Committee on Aging 
                of the Senate that the existing State registries 
                contained significant gaps because many nursing home 
                employees are not included in the registries and the 
                registries do not track abuses committed in other 
                States.</DELETED>
                <DELETED>    (J) A 1998 report from the Office of the 
                Inspector General of the Department of Health and Human 
                Services entitled ``Safeguarding Long-Term Care 
                Residents'' recommended establishing a national 
                registry of abusive long-term care workers to be 
                checked by all long-term care facilities before hiring 
                an employee.</DELETED>
        <DELETED>    (2) Sense of the senate.--It is the Sense of the 
        Senate that Congress should pass legislation that will--
        </DELETED>
                <DELETED>    (A) require the Secretary of Health and 
                Human Services to establish a national registry of 
                abusive long-term care workers that will incorporate 
                abuse information from all existing State nurse aide 
                registries, and expand information included in the 
                State registries and the national registry to include 
                abuse information about all employees of all long-term 
                care providers that receive funding through the 
                medicare or medicaid programs (42 U.S.C. 1395 et seq.; 
                1396 et seq.);</DELETED>
                <DELETED>    (B) require all long-term care providers, 
                before hiring a potential employee, to conduct checks 
                of both the national registry and criminal conviction 
                records maintained by the Federal Bureau of 
                Investigation, and prohibit long-term care providers 
                from hiring potential employees with relevant abuse and 
                criminal histories;</DELETED>
                <DELETED>    (C) require the Secretary of Health and 
                Human Services and the Attorney General to develop an 
                efficient system for long-term care providers to use to 
                check both the national registry and the criminal 
                conviction records maintained by the Federal Bureau of 
                Investigation before hiring an employee; and</DELETED>
                <DELETED>    (D) ensure adequate safeguards to protect 
                the privacy and accuracy of information regarding 
                applicants for employment being checked through the 
                national registry and the criminal conviction records 
                maintained by the Federal Bureau of 
                Investigation.</DELETED>
<DELETED>    (d) Effective Date.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), this section and the amendments made by this section shall 
        take effect on the date that is 6 months after the effective 
        date of final regulations promulgated to carry out this section 
        and such amendments.</DELETED>
        <DELETED>    (2) Sense of the senate.--Subsection (c) shall 
        take effect on the date of enactment of this section.</DELETED>

<DELETED>SEC. 103. INCREASING THE NUMBER OF HEALTH CARE PROFESSIONALS 
              WITH GERIATRIC TRAINING.</DELETED>

<DELETED>    Section 338C of the Public Health Service Act (42 U.S.C. 
254m) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(f) For purposes of this section and section 338B, the 
term `obligated service', with respect to an individual who has entered 
into a written contract with the Secretary under section 338B, includes 
any period in which the individual is enrolled and participating in an 
accredited (as determined by the Secretary) educational program that 
provides geriatric training. Upon the completion of such training, such 
individual, after consultation with the Secretary, shall provide 
geriatric services as appropriate during the remainder of such 
individual's period of obligated service.''.</DELETED>

<DELETED>SEC. 104. SUPPORTING THE LONG-TERM CARE OMBUDSMAN 
              PROGRAM.</DELETED>

<DELETED>    Section 712(h) of the Older Americans Act of 1965 (42 
U.S.C. 3058g(h)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (8), by striking ``; and'' and 
        inserting a semicolon;</DELETED>
        <DELETED>    (2) in paragraph (9), by striking the period and 
        inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(10) make grants, in consultation with the 
        Director of the Office of Elder Justice in the Department of 
        Health and Human Services and the Director of the Office of 
        Elder Justice in the Department of Justice, to eligible 
        entities with relevant expertise and experience to conduct 
        evaluations and pilot studies relating to various programs and 
        methods carried out by the Office of the State Long-Term Care 
        Ombudsman or a local Ombudsman entity under section 307(a)(9) 
        or this chapter, or to provide support (such as an ombudsman 
        resource center).''.</DELETED>

<DELETED>SEC. 105. ESTABLISHMENT OF OFFICE OF ADULT PROTECTIVE 
              SERVICES.</DELETED>

<DELETED>    (a) In General.--Part A of title XI of the Social Security 
Act (42 U.S.C. 1301 et seq.) is amended by adding at the end the 
following:</DELETED>

        <DELETED>``office of adult protective services</DELETED>

<DELETED>    ``Sec. 1150A. (a) In General.--There is established within 
the Department of Health and Human Services, within the Administration 
on Children and Families, the Office of Adult Protective Services (in 
this section referred to as the `Office'). The Office shall be headed 
by a Director, who shall be appointed by the Secretary.</DELETED>
<DELETED>    ``(b) Duties.--The Office shall--</DELETED>
        <DELETED>    ``(1) provide necessary funding and support to 
        State and local adult protective services offices that 
        investigate reports of abuse, neglect, and exploitation of 
        elders;</DELETED>
        <DELETED>    ``(2) annually collect and disseminate data 
        relating to the abuse, exploitation, and neglect of elderly 
        individuals in coordination with the Centers for Disease 
        Control and Prevention efforts to collect national data under 
        section 2221(b);</DELETED>
        <DELETED>    ``(3) develop and disseminate best practices 
        regarding, and provide training on, carrying out protective 
        services for elders;</DELETED>
        <DELETED>    ``(4) in conjunction with the necessary experts, 
        conduct research related to the provision of such protective 
        services;</DELETED>
        <DELETED>    ``(5) provide technical assistance to States and 
        other entities that provide or fund the provision of such 
        protective services, including through grants made under title 
        XX;</DELETED>
        <DELETED>    ``(6) participate in the Intra-Agency Elder 
        Justice Steering Committee established under section 2212; 
        and</DELETED>
        <DELETED>    ``(7) coordinate activities with the Office of 
        Elder Justice established under section 2211 and with other 
        Federal and State agencies that have responsibility for issues 
        related to elder justice.</DELETED>
<DELETED>    ``(c) Appropriations.--There are appropriated such sums as 
may be necessary to carry out this section.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by this section 
take effect 90 days after the date of enactment of the Elder Justice 
Act.</DELETED>

<DELETED>SEC. 106. ASSURING SAFETY OF RESIDENTS WHEN NURSING FACILITIES 
              CLOSE.</DELETED>

<DELETED>    (a) Medicare.--Section 1819(c)(2) of the Social Security 
Act (42 U.S.C. 1395i-3(c)(2)) is amended by adding at the end the 
following:</DELETED>
                <DELETED>    ``(D) Notification of facility closure.--
                </DELETED>
                        <DELETED>    ``(i) In general.--A skilled 
                        nursing facility shall--</DELETED>
                                <DELETED>    ``(I) submit to the 
                                Secretary and the appropriate State 
                                regulatory agency written notification 
                                of an impending closure not later than 
                                the date that is 60 days prior to the 
                                date of such closure;</DELETED>
                                <DELETED>    ``(II) include in the 
                                notice a plan for the transfer and 
                                adequate relocation of the residents 
                                prior to closure, including assurances 
                                that residents will not be transferred 
                                to facilities providing substandard 
                                care for which administrative or law 
                                enforcement action is pending; 
                                and</DELETED>
                                <DELETED>    ``(III) not later than 10 
                                days after the facility closure, submit 
                                to the Secretary and the appropriate 
                                State agency information identifying 
                                where residents of the closed facility 
                                were transferred and on what 
                                date.</DELETED>
                        <DELETED>    ``(ii) Sanctions.--Any person 
                        owning a skilled nursing facility that fails to 
                        comply with the requirements of clause (i) 
                        shall be subject to--</DELETED>
                                <DELETED>    ``(I) a civil monetary 
                                penalty of up to $1,000,000;</DELETED>
                                <DELETED>    ``(II) exclusion from 
                                participation in the programs under 
                                this Act (in accordance with the 
                                procedures of section 1128); 
                                and</DELETED>
                                <DELETED>    ``(III) any other 
                                applicable civil monetary penalties and 
                                assessments.</DELETED>
                        <DELETED>    ``(iii) Procedure.--A civil 
                        monetary penalty or assessment authorized under 
                        clause (ii) shall be imposed against a person 
                        in the same manner as a civil monetary penalty, 
                        assessment, or exclusion is imposed under 
                        section 1128A.''.</DELETED>
<DELETED>    (b) Medicaid.--Section 1919(c)(2) of the Social Security 
Act (42 U.S.C. 1396r(c)(2)) is amended by adding at the end the 
following:</DELETED>
                <DELETED>    ``(G) Notification of facility closure.--
                </DELETED>
                        <DELETED>    ``(i) In general.--A nursing 
                        facility shall--</DELETED>
                                <DELETED>    ``(I) submit to the 
                                Secretary and the appropriate State 
                                regulatory agency written notification 
                                of an impending closure not later than 
                                the date that is 60 days prior to the 
                                date of such closure;</DELETED>
                                <DELETED>    ``(II) include in the 
                                notice a plan for the transfer and 
                                adequate relocation of the residents 
                                prior to closure, including assurances 
                                that residents will not be transferred 
                                to facilities providing substandard 
                                care for which administrative or law 
                                enforcement action is pending; 
                                and</DELETED>
                                <DELETED>    ``(III) not later than 10 
                                days after the facility closure submit 
                                to the Secretary and the appropriate 
                                State agency information identifying 
                                where residents of the closed facility 
                                were transferred and on what 
                                date.</DELETED>
                        <DELETED>    ``(ii) Sanctions.--Any person 
                        owning a nursing facility that fails to comply 
                        with the requirements of clause (i) shall be 
                        subject to--</DELETED>
                                <DELETED>    ``(I) a civil monetary 
                                penalty of up to $1,000,000;</DELETED>
                                <DELETED>    ``(II) exclusion from 
                                participation in the programs under 
                                this Act (in accordance with the 
                                procedures of section 1128); 
                                and</DELETED>
                                <DELETED>    ``(III) any other 
                                applicable civil monetary penalties and 
                                assessments.</DELETED>
                        <DELETED>    ``(iii) Procedure.--A civil 
                        monetary penalty or assessment authorized under 
                        clause (ii) shall be imposed against a person 
                        in the same manner as a civil monetary penalty, 
                        assessment, or exclusion is imposed under 
                        section 1128A.''.</DELETED>
<DELETED>    (c) Regulations.--The Secretary, after consulting with the 
Attorney General, shall issue regulations to carry out this 
section.</DELETED>

           <DELETED>TITLE II--DEPARTMENT OF JUSTICE</DELETED>

<DELETED>SEC. 201. DEFINITIONS; RULE.</DELETED>

<DELETED>    (a) Definitions.--In this title the terms ``abuse'', 
``elder'', ``elder justice'', ``exploitation'', ``fiduciary'', 
``grant'', ``granting authority'', ``guardianship'', ``knowingly'', 
``law enforcement'', ``neglect'', ``serious bodily injury'', 
``social'', ``State'', and ``vulnerable adult'' have the meanings given 
such terms in title XXII of the Social Security Act.</DELETED>
<DELETED>    (b) Rule.--The Attorney General may determine, in an 
appropriate case, that a provision of this title that applies to elders 
also applies to vulnerable adults.</DELETED>

<DELETED>SEC. 202. MODEL STATE LAWS AND PRACTICES.</DELETED>

<DELETED>    (a) In General.--The Attorney General, after consultation 
with the Secretary of Health and Human Services, shall--</DELETED>
        <DELETED>    (1) conduct a study and prepare a report of the 
        findings of that study of State laws and practices relating to 
        elder abuse, neglect, and exploitation and provide such report 
        or periodic reports to the Elder Justice Resource Center 
        established under section 2221 of the Social Security Act, to 
        be made available to the public; and</DELETED>
        <DELETED>    (2) not later than 2 years after the date of 
        enactment of this Act, submit to the Chairman and Ranking 
        Member of the Special Committee on Aging of the Senate, and the 
        Speaker and Minority leader of the House of Representatives a 
        report that--</DELETED>
                <DELETED>    (A) provides recommendations on a 
                comprehensive description and comparative analysis of 
                the State laws and practices; and</DELETED>
                <DELETED>    (B) provides recommended models for State 
                laws and practices based on an analysis of the most 
                effective State laws and practices, including 
                recommendations with respect to the definitions 
                referred to in subsection (b)(1).</DELETED>
<DELETED>    (b) State Laws and Practices.--The Attorney General shall 
examine State laws and practices under subsection (a) on issues 
including--</DELETED>
        <DELETED>    (1) definitions of ``elder'', ``abuse'', 
        ``neglect'', and ``exploitation'', and related terms;</DELETED>
        <DELETED>    (2) mandatory reporting laws, with respect to--
        </DELETED>
                <DELETED>    (A) who is a mandated reporter;</DELETED>
                <DELETED>    (B) to whom must they report and within 
                what timeframe; and</DELETED>
                <DELETED>    (C) any consequences for 
                nonreporting;</DELETED>
        <DELETED>    (3) evidentiary, procedural, sentencing, choice of 
        remedies, and data retention issues relating to pursuing cases 
        relating to elder abuse, neglect, and exploitation;</DELETED>
        <DELETED>    (4) laws requiring immediate reporting of all 
        nursing home deaths to the county coroner or to some other 
        individual or entity;</DELETED>
        <DELETED>    (5) fiduciary laws, including guardianship and 
        power of attorney laws;</DELETED>
        <DELETED>    (6) laws that permit or encourage banks and bank 
        employees to prevent and report suspected elder abuse, neglect, 
        and exploitation;</DELETED>
        <DELETED>    (7) laws that may impede research on elder abuse, 
        neglect, and exploitation;</DELETED>
        <DELETED>    (8) practices relating to the enforcement of laws 
        relating to elder abuse, neglect, and exploitation; 
        and</DELETED>
        <DELETED>    (9) practices relating to other aspects of elder 
        justice.</DELETED>

<DELETED>SEC. 203. OFFICE OF ELDER JUSTICE OF THE DEPARTMENT OF 
              JUSTICE.</DELETED>

<DELETED>    (a) Establishment.--There is established within the 
Department of Justice under the Assistant Attorney General, Office of 
Justice Programs, an Office of Elder Justice.</DELETED>
<DELETED>    (b) Director.--</DELETED>
        <DELETED>    (1) Appointment.--The President, with the advice 
        and consent of the Senate, shall appoint a Director of the 
        Office of Elder Justice, from among individuals with experience 
        and expertise in elder justice issues, to manage the Office of 
        Elder Justice established under this section.</DELETED>
        <DELETED>    (2) Duties.--The Director of the Office of Elder 
        Justice shall--</DELETED>
                <DELETED>    (A)(i) develop objectives, priorities, 
                policy, and a long-term plan for elder justice programs 
                and activities relating to prevention, detection, 
                training, treatment, evaluation, intervention, 
                research, and improvement of the elder justice system 
                in the United States;</DELETED>
                <DELETED>    (ii) implement the overall policy and a 
                strategy to carry out the plan described in clause (i); 
                and</DELETED>
                <DELETED>    (iii) hire personnel to assist the 
                director in carrying out the policy, program, and 
                administrative activities related to the duties under 
                clauses (i) and (ii);</DELETED>
                <DELETED>    (B) provide advice to the Attorney General 
                on elder justice issues; and</DELETED>
                <DELETED>    (C) coordinate activities with the Senior 
                Counsel on Elder Justice.</DELETED>
        <DELETED>    (3) Reporting relationship.--The Director of the 
        Office of Elder Justice shall have the same reporting 
        relationship with the Attorney General and the Assistant 
        Attorney General, Office of Justice Programs, as the directors 
        of the other offices headed by presidential appointees within 
        the Office of Justice Programs.</DELETED>
        <DELETED>    (4) Compensation.--The Director shall be 
        compensated at a rate that shall not exceed the rate 
        established for level I of the Executive Schedule under section 
        5312 of title 5, United States Code.</DELETED>
<DELETED>    (c) Senior Counsel.--</DELETED>
        <DELETED>    (1) Appointment.--The Attorney General shall 
        appoint a Senior Counsel on Elder Justice, from among 
        individuals with experience and expertise in elder justice 
        issues.</DELETED>
        <DELETED>    (2) Duties.--The Senior Counsel on Elder Justice 
        shall--</DELETED>
                <DELETED>    (A) coordinate elder justice activities 
                among--</DELETED>
                        <DELETED>    (i) the Office of Elder 
                        Justice;</DELETED>
                        <DELETED>    (ii) other offices (including 
                        bureaus) within the Office of Justice Programs 
                        that are involved with elder justice 
                        issues;</DELETED>
                        <DELETED>    (iii) litigating divisions with 
                        cases relating to elder justice 
                        matters;</DELETED>
                        <DELETED>    (iv) the Executive Office of 
                        United States Attorneys and the United States 
                        Attorneys' offices; and</DELETED>
                        <DELETED>    (v) any other office or division 
                        of the Department of Justice that the Attorney 
                        General considers appropriate for such 
                        coordination; and</DELETED>
                <DELETED>    (B) provide advice to the Attorney General 
                on elder justice issues.</DELETED>
        <DELETED>    (3) Location.--The Senior Counsel on Elder Justice 
        shall be located in--</DELETED>
                <DELETED>    (A) the Office of the Attorney 
                General;</DELETED>
                <DELETED>    (B) the Office of the Deputy Attorney 
                General; or</DELETED>
                <DELETED>    (C) the Office of the Associate Attorney 
                General.</DELETED>
        <DELETED>    (4) Position.--The position of the Senior Counsel 
        on Elder Justice shall be a Senior Executive Service position, 
        as defined in section 3132 of title 5, United States 
        Code.</DELETED>
        <DELETED>    (5) Staff.--The Senior Counsel on Elder Justice 
        may appoint and terminate 1 full-time employee to enable the 
        Senior Counsel to perform the duties described in paragraph 
        (2). The Senior Counsel on Elder Justice may fix the 
        compensation of the employee in accord with chapter 51 and 
        subchapter III of chapter 53 of title 5, United States Code, 
        relating to classification of positions and General Schedule 
        pay rates.</DELETED>
        <DELETED>    (6) Relation to other law.--The positions 
        described in paragraphs (4) and (5), and the salary for the 
        positions, shall be in addition to the total number of 
        positions and the total amount of salary provided for in Public 
        Law 107-77.</DELETED>

<DELETED>SEC. 204. GRANTS UNDER THE SOCIAL SECURITY ACT.</DELETED>

<DELETED>    The Attorney General is authorized to award grants under 
subsections (a), (c)(1), (c)(2), (d), (e)(1), (f), (h), and (i) of 
section 2222 and under section 2224 of the Social Security Act in 
accordance with such subsections.</DELETED>

<DELETED>SEC. 205. VICTIM ADVOCACY GRANTS.</DELETED>

<DELETED>    (a) Grants Authorized.--The Attorney General, after 
consultation with the Secretary of Health and Human Services, may award 
grants to eligible entities to study the special needs of victims of 
elder abuse, neglect, and exploitation.</DELETED>
<DELETED>    (b) Authorized Activities.--Funds awarded pursuant to 
subsection (a) shall be used for pilot programs that develop programs, 
provide training to health care, social and protective services 
providers, law enforcement, fiduciaries including guardians, judges and 
court personnel, and victim advocates, and examine special approaches 
designed to meet the needs of victims of elder abuse, neglect, and 
exploitation.</DELETED>

<DELETED>SEC. 206. SUPPORTING LOCAL PROSECUTORS IN ELDER JUSTICE 
              MATTERS.</DELETED>

<DELETED>    (a) Grant Authorized.--The Attorney General, after 
consultation with the Director of Office of Elder Justice in the 
Department of Health and Human Services, shall award grants to provide 
training, technical assistance, policy development, multidisciplinary 
coordination, and other types of support to local prosecutors, handling 
elder justice-related cases, including the funding of specially 
designated elder justice positions or units, or funding the creation of 
a Center for the Prosecution of Elder Abuse, Neglect, and Exploitation 
by the American Prosecutor Research Institute of the National District 
Attorneys Association, or other similarly situated entity to advise and 
support local prosecutors nationwide in their pursuit of cases 
involving elder abuse, neglect, and exploitation.</DELETED>
<DELETED>    (b) Duties.--The Center created under subsection (a) 
shall, among other things--</DELETED>
        <DELETED>    (1) collaborate with experts in elder abuse, 
        neglect, and exploitation;</DELETED>
        <DELETED>    (2) collaborate with the Advisory Board created by 
        section 2214 of the Social Security Act; and</DELETED>
        <DELETED>    (3) provide local prosecutors and personnel 
        assisting such prosecutors with training, technical assistance, 
        multidisciplinary teams and input, in the handling, prevention 
        and prosecution of, and special circumstances surrounding elder 
        abuse, neglect, and exploitation.</DELETED>

<DELETED>SEC. 207. SUPPORTING STATE PROSECUTORS IN ELDER JUSTICE 
              MATTERS.</DELETED>

<DELETED>    (a) In General.--The Attorney General shall, after 
consultation with the Secretary of Health and Human Services, award 
grants to provide training, technical assistance, multidisciplinary 
coordination, policy development, and other types of support to State 
prosecutors, including employees of State Attorneys General and 
Medicaid Fraud Control Units, handling elder justice-related 
matters.</DELETED>
<DELETED>    (b) Creating Specialized Positions.--Grants under this 
section may be made for--</DELETED>
        <DELETED>    (1) the establishment of specially designated 
        elder justice positions or units; or</DELETED>
        <DELETED>    (2) the creation of a position to coordinate elder 
        justice-related cases, training, technical assistance, and 
        policy development for State prosecutors, by the National 
        Association of Attorneys General (NAAG) or other similarly 
        situated entity.</DELETED>

<DELETED>SEC. 208. SUPPORTING FEDERAL CASES INVOLVING ELDER 
              JUSTICE.</DELETED>

<DELETED>    (a) Support and Assistance.--</DELETED>
        <DELETED>    (1) In general.--The Attorney General shall 
        support cases relating to elder justice.</DELETED>
        <DELETED>    (2) Additional staff.--The Attorney General shall 
        have additional Federal prosecutors and make funding available 
        to Federal prosecutors to hire nurse-investigators or other 
        experts needed to identify, assist with, or pursue cases 
        relating to elder justice.</DELETED>
        <DELETED>    (3) Resource group.--The Attorney General may fund 
        through the Executive Office of United States Attorneys for a 
        Resource Group to assist prosecutors throughout the Nation in 
        pursuing failure of care and other cases relating to elder 
        justice matters.</DELETED>
<DELETED>    (b) Office of Inspector General.--The Office of Inspector 
General of the Department of Health and Human Services shall hire nurse 
investigators and other  experts to investigate and pursue failure of 
care allegations.</DELETED>

<DELETED>SEC. 209. COMMUNITY POLICING.</DELETED>

<DELETED>    (a) Grant Authorized.--The Attorney General, after 
consultation with the Secretary of the Department of Health and Human 
Services, shall establish a grant program to develop community policing 
and other law enforcement efforts to make communities safer for elders 
living in all settings.</DELETED>
<DELETED>    (b) Special Elder Units.--The Attorney General, after 
consultation with the Secretary of Health and Human Services, shall 
establish a grant program to support--</DELETED>
        <DELETED>    (1) special elder units and officers;</DELETED>
        <DELETED>    (2) in rural areas with fewer law enforcement 
        personnel, a specially trained elder officer;</DELETED>
        <DELETED>    (3) programs, including the Alzheimer 
        Association's ``Safe Return Program'' or other similar program; 
        and</DELETED>
        <DELETED>    (4) training, technical assistance, policy 
        development, multidisciplinary coordination, and other support 
        and programs relating to elder justice.</DELETED>

<DELETED>SEC. 210. SUPPORTING LAW ENFORCEMENT IN ELDER JUSTICE 
              MATTERS.</DELETED>

<DELETED>    The Attorney General shall, after consultation with the 
Secretary of Health and Human Services, award grants to provide 
training, technical assistance, multidisciplinary coordination, policy 
development, and other types of support to police, sheriffs, 
detectives, public safety officers, corrections personnel, and other 
front line law enforcement responders who handle elder justice-related 
matters, to fund specially designated elder justice positions or units, 
designed to support front line law enforcement in elder justice 
matters.</DELETED>

<DELETED>SEC. 211. EVALUATIONS.</DELETED>

<DELETED>    (a) Grants.--</DELETED>
        <DELETED>    (1) In general.--In making a grant under a 
        provision of this title (other than this section), the granting 
        authority shall--</DELETED>
                <DELETED>    (A) require the recipient of the grant 
                to--</DELETED>
                        <DELETED>    (i) reserve a portion of the funds 
                        made available through the grant; and</DELETED>
                        <DELETED>    (ii) use the reserved funds to 
                        conduct an evaluation of the other activities 
                        carried out through the grant; or</DELETED>
                <DELETED>    (B)(i) reserve a portion of the funds 
                available for the grant; and</DELETED>
                <DELETED>    (ii) use the reserved funds to provide 
                assistance to an eligible entity to conduct an 
                evaluation of the activities carried out through the 
                grant.</DELETED>
        <DELETED>    (2) Use of funds.--A recipient of a grant 
        described in paragraph (1)(A), or assistance described in 
        paragraph (1)(B)(ii), shall use the funds made available 
        through the grant, or the assistance, respectively, to conduct 
        a validated evaluation of the effectiveness of the activities 
        described in subparagraph (A) or (B), respectively, of 
        paragraph (1).</DELETED>
        <DELETED>    (3) Applications.--</DELETED>
                <DELETED>    (A) Submission.--</DELETED>
                        <DELETED>    (i) Grants for projects containing 
                        evaluations.--To be eligible to receive a grant 
                        for which the granting authority requires the 
                        reservation described in paragraph (1)(A)(i), 
                        an entity shall include a proposal for the 
                        evaluation in the application submitted for the 
                        grant.</DELETED>
                        <DELETED>    (ii) Assistance for evaluations.--
                        To be eligible to receive assistance under 
                        paragraph (1)(B)(ii), an entity shall submit an 
                        application to the granting authority at such 
                        time, in such manner, and containing such 
                        information as the granting authority may 
                        require, including a proposal for the 
                        evaluation.</DELETED>
                <DELETED>    (B) Review and assistance.--An employee of 
                the Department of Justice, after consultation with an 
                employee of the Department of Health and Human Services 
                and a nongovernmental member of the advisory board 
                established under section 2214 of the Social Security 
                Act, with expertise in evaluation methodology shall 
                review each proposal described in clause (i) or (ii) of 
                subparagraph (A), and determine whether the methodology 
                described in the proposal is adequate to gather 
                meaningful information. If the reviewers determine that 
                the methodology is inadequate, they shall recommend 
                that the granting authority deny the application for 
                the grant described in subparagraph (A)(i), or the 
                assistance described in subparagraph (B)(ii), as 
                appropriate, or make recommendations for how the 
                application should be amended. If the granting 
                authority denies the application on the basis of the 
                proposal, the granting authority shall inform the 
                applicant why the application was denied, and offer 
                assistance to the applicant in modifying the 
                proposal.</DELETED>
<DELETED>    (b) Other Grants.--The granting authority shall make 
grants to appropriate entities to conduct validated evaluations of 
activities, to reduce elder abuse, neglect, and exploitation, that are 
not funded under this title.</DELETED>
<DELETED>    (c) Condition of Participation.--As a condition of 
participation in any grant under this title, individuals, facilities, 
and other entities shall agree to be subject to the provisions of 
section 571 of title 18, United States Code, as added by this 
Act.</DELETED>

<DELETED>SEC. 212. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary for fiscal years 2004 through 2010 to carry out this 
title.</DELETED>

<DELETED>SEC. 213. CAUSE OF ACTION FOR ELDER ABUSE AND 
              NEGLECT.</DELETED>

<DELETED>    (a) In General.--Part I of title 18, United States Code, 
is amended by adding after chapter 27 the following:</DELETED>

        <DELETED>``CHAPTER 28--ELDER ABUSE AND NEGLECT</DELETED>

<DELETED>``Sec.
<DELETED>``571. Harm to residents of nursing facilities.
<DELETED>``Sec. 571. Harm to residents of nursing facilities</DELETED>
<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Entity.--The term `entity' means--</DELETED>
                <DELETED>    ``(A) any nursing facility (including 
                facilities that do not exclusively provide nursing 
                care);</DELETED>
                <DELETED>    ``(B) any entity that manages a nursing 
                facility; or</DELETED>
                <DELETED>    ``(C) any entity that owns, directly or 
                indirectly, a controlling interest or a 50 percent or 
                greater interest in 1 or more nursing 
                facilities.</DELETED>
        <DELETED>    ``(2) Neglect.--The term `neglect' means the 
        failure of a caregiver (as defined in section 2201 of the 
        Social Security Act) to provide the goods or services that are 
        necessary to avoid physical harm, disability, mental anguish, 
        or mental illness.</DELETED>
        <DELETED>    ``(3) Nursing facility.--The term `nursing 
        facility' means both a nursing facility (as defined in section 
        1919(a) of the Social Security Act) and a skilled nursing 
        facility as defined in section 1819(a) of the Social Security 
        Act (42 U.S.C. 1395i-3(a).</DELETED>
        <DELETED>    ``(4) Person.--The term `person' has the same 
        meaning as in section 921(a)(1) of this title.</DELETED>
<DELETED>    ``(b) Offense.--</DELETED>
        <DELETED>    ``(1) In general.--It shall be unlawful for any 
        person or entity to, with the intent to cause injury or with 
        reckless disregard for the safety of human life, act or fail to 
        act, if such act or omission results in--</DELETED>
                <DELETED>    ``(A) serious bodily injury to 1 or more 
                residents of a nursing facility; and</DELETED>
                <DELETED>    ``(B) abuse or neglect of an additional 2 
                or more residents of the same nursing 
                facility.</DELETED>
        <DELETED>    ``(2) Penalty for individual.--Any individual who 
        violates paragraph (1) shall be--</DELETED>
                <DELETED>    ``(A) imprisoned for not more than 20 
                years and, if death results, shall be imprisoned for 
                any term of years or for life; and</DELETED>
                <DELETED>    ``(B) fined in accordance with section 
                3571.</DELETED>
        <DELETED>    ``(3) Other penalty.--Any entity or person, other 
        than an individual, that violates paragraph (1) shall be fined 
        not more than $3,000,000 per nursing facility 
        involved.''.</DELETED>
<DELETED>    (b) Health Care Offense.--Section 24(a)(1) of title 18, 
United States Code, is amended by inserting ``571,'' before 
``669,''.</DELETED>
<DELETED>    (c) Technical and Conforming Amendment.--The table of 
chapters for part I of title 18, United States Code, is amended by 
inserting after the item relating to chapter 27 the 
following:</DELETED>

<DELETED>``28. Elder Abuse and Neglect......................     571''.

<DELETED>SEC. 214. CIVIL ACTIONS FOR ELDER ABUSE AND NEGLECT.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Entity.--</DELETED>
                <DELETED>    (A) In general.--The term ``entity'' 
                means--</DELETED>
                        <DELETED>    (i) any nursing facility 
                        (including facilities that do not exclusively 
                        provide nursing care);</DELETED>
                        <DELETED>    (ii) any entity that manages a 
                        nursing facility; or</DELETED>
                        <DELETED>    (iii) any entity that owns, 
                        directly or indirectly, a controlling interest 
                        or a 50 percent or greater interest in 1 or 
                        more nursing facilities.</DELETED>
                <DELETED>    (B) Additional entities.--The term shall 
                include States, localities, and political subdivisions 
                thereof.</DELETED>
        <DELETED>    (2) Neglect.--The term ``neglect'' means the 
        failure of a caregiver (as defined in section 2201 of the 
        Social Security Act, as added by this Act) to provide the goods 
        or services that are necessary to avoid physical harm, 
        disability, mental anguish, or mental illness.</DELETED>
        <DELETED>    (3) Nursing facility.--The term ``nursing 
        facility'' means both a nursing facility (as defined in section 
        1919(a) of the Social Security Act (42 U.S.C. 1396r(a))) and a 
        skilled nursing facility as defined in section 1819(a) of the 
        Social Security Act.</DELETED>
        <DELETED>    (4) Person.--The term ``person'' has the same 
        meaning as in section 921(a)(1) of title 18, United States 
        Code.</DELETED>
        <DELETED>    (5) Other terms.--The terms ``abuse'', ``State'', 
        and ``serious bodily injury'' shall have the meanings given 
        those terms in section 2201 of the Social Security 
        Act.</DELETED>
<DELETED>    (b) Civil Actions Brought by the Attorney General.--
</DELETED>
        <DELETED>    (1) In general.--The Attorney General may bring an 
        action under this subsection against any person or entity that 
        knowingly, or in reckless disregard for the safety of human 
        life, acts or fails to act, if such act or omission results in 
        serious bodily injury to 1 or more residents of a nursing 
        facility and in abuse or neglect of an additional 2 or more 
        residents of the same nursing facility.</DELETED>
        <DELETED>    (2) Civil penalty.--A person or entity that acts 
        or fails to act as described in paragraph (1) shall be liable 
        to the United States for a civil penalty of--</DELETED>
                <DELETED>    (A) in the case of an individual (other 
                than an owner, operator, officer, or manager of such a 
                nursing facility, such as a nurse or a certified 
                nurse's aide) up to $50,000 for each violation of this 
                subsection;</DELETED>
                <DELETED>    (B) in the case of an individual who is an 
                owner, operator, officer, or manager of such a nursing 
                facility, up to $500,000 for each violation of this 
                subsection;</DELETED>
                <DELETED>    (C) in the case of a violation of this 
                subsection involving a single nursing facility, that 
                facility, or its management company, up to $3,000,000 
                for that facility for such violation; and</DELETED>
                <DELETED>    (D) in the case of a violation of this 
                subsection at 2 or more nursing facilities with common 
                ownership or under common management, up to $6,000,000 
                for each entity that owns such facilities where there 
                were such violations.</DELETED>
        <DELETED>The amount shall be set by the district court, 
        depending on the number of residents who suffered abuse or 
        neglect, the severity of the injury to residents relating to 
        abuse or neglect, and the number of resident deaths relating to 
        abuse or neglect at the facilities in violation of this 
        subsection.</DELETED>
        <DELETED>    (3) Other appropriate relief.--If the Attorney 
        General has reason to believe that a person or entity is 
        engaging in or is about to engage in an act or omission that 
        results in or has the potential for resulting in serious bodily 
        injury to 1 or more residents of a nursing facility and in 
        abuse or neglect of an additional 2 or more residents of the 
        same nursing facility, the Attorney General may petition an 
        appropriate United States district court for appropriate 
        equitable and declaratory relief to eliminate the circumstances 
        giving rise to the actual or potential harm.</DELETED>
        <DELETED>    (3) Procedures.--</DELETED>
                <DELETED>    (A) In general.--A subpoena requiring the 
                attendance of a witness at a trial or hearing conducted 
                under this subsection may be served at any place in the 
                United States.</DELETED>
                <DELETED>    (B) Limitation.--An action brought under 
                paragraph (1) may not be brought more than 6 years 
                after the date on which the violation of this 
                subsection occurred, except that the time for filing is 
                tolled during the period when the right of action was 
                not known and reasonably could not have been known by 
                an official of the United States charged with 
                responsibility to act in the circumstances.</DELETED>
                <DELETED>    (C) Standard of proof.--The United States 
                shall be required to prove all actions under this 
                subsection by a preponderance of the 
                evidence.</DELETED>
                <DELETED>    (D) Civil investigative demand 
                procedures.--The civil investigative demand procedures 
                set forth in The Antitrust Civil Process Act (15 U.S.C. 
                1511 et seq.) may be used in investigations and actions 
                pursued under this subsection.</DELETED>
<DELETED>    (d) Relationship to Other Laws.--This section is not 
intended to supplant or otherwise bar any existing equitable, common 
law, or criminal or civil statutory remedies possessed by the United 
States, including under the False Claims Act (31 U.S.C. 33729-3733). 
The Federal Rules of Civil Procedure shall apply to actions brought 
under subsection (b).</DELETED>
<DELETED>    (e) No Private Cause of Action.--Nothing in this title 
creates a private cause of action or in any other way increases the 
liability of any person under any other law.</DELETED>

              <DELETED>TITLE III--TAX PROVISIONS</DELETED>

<DELETED>SEC. 301. LONG-TERM CARE FACILITY WORKER EMPLOYMENT TAX 
              CREDIT.</DELETED>

<DELETED>    (a) Work Opportunity Tax Credit.--</DELETED>
        <DELETED>    (1) In general.--Section 51(d)(1) of the Internal 
        Revenue Code of 1986 (relating to members of targeted groups) 
        is amended by striking ``or'' at the end of subparagraph (G), 
        by striking the period at the end of subparagraph (H) and 
        inserting ``, or'', and by adding at the end the 
        following:</DELETED>
                <DELETED>    ``(I) a qualified long-term care facility 
                worker.''.</DELETED>
        <DELETED>    (2) Qualified long-term care facility worker.--
        Section 51(d) of such Code is amended by redesignating 
        paragraphs (10) through (12) as paragraphs (11) through (13), 
        respectively, and by inserting after paragraph (9) the 
        following:</DELETED>
        <DELETED>    ``(10) Qualified long-term care facility worker.--
        The term `qualified long-term care facility worker' means any 
        individual who--</DELETED>
                <DELETED>    ``(A) is hired by a long-term care 
                facility (as defined in section 2201 of the Social 
                Security Act, and</DELETED>
                <DELETED>    ``(B) is certified by the designated local 
                agency as being qualified to provide long-term care (as 
                defined in section 2201 of such Act) at such 
                facility.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by this section 
shall apply to individuals who begin work for the employer after the 
date of enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``John Breaux Elder 
Justice Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; definitions.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.

            TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES

Sec. 101. Amendments to the Social Security Act.

                      ``TITLE XXII--ELDER JUSTICE

        ``Sec. 2200. Definitions.

               ``Subtitle A--Federal Elder Justice System

        ``Sec. 2201. Elder Justice Coordinating Council.
        ``Sec. 2202. Advisory Board on Elder Abuse, Neglect, and 
                            Exploitation.
        ``Sec. 2203. Human subject research.
        ``Sec. 2204. Regulations.
        ``Sec. 2205. Authorization of appropriations.

                  ``Subtitle B--Elder Justice Programs

        ``Sec. 2211. Enhancement of long-term care.
        ``Sec. 2212. Collaborative efforts to enhance communication on 
                            promoting quality of and preventing abuse 
                            and neglect in long-term care.
        ``Sec. 2213. Collaborative efforts to develop consensus around 
                            the management of certain quality-related 
                            factors.
        ``Sec. 2214. Adult protective services functions and grant 
                            programs.

  ``Subtitle C--Collection of Data, Dissemination of Information, and 
                                Studies

        ``Sec. 2221. Collection of uniform national data on elder 
                            abuse, neglect, and exploitation.
        ``Sec. 2222. Long-term care consumer clearinghouse.
        ``Sec. 2223. Consumer information about the continuum of 
                            residential long-term care facilities.
        ``Sec. 2224. Provision of information regarding, and 
                            evaluations of, elder justice programs.''.

                    TITLE II--DEPARTMENT OF JUSTICE

Sec. 201. Victim advocacy grants.
Sec. 202. Supporting State and local prosecutors in elder justice 
                            matters.
Sec. 203. Supporting Federal cases involving elder justice.
Sec. 204. Supporting law enforcement in elder justice matters.
Sec. 205. Establishment and support of elder abuse, neglect, and 
                            exploitation forensic centers.
Sec. 206. Model State laws and practices.
Sec. 207. Provision of information regarding, and evaluations of, 
                            Department of Justice elder justice 
                            programs.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The proportion of the United States population age 60 
        years or older will drastically increase in the next 30 years 
        as 77,000,000 baby boomers approach retirement and old age.
            (2) Each year, anywhere between 500,000 and 5,000,000 
        elders in the United States are abused, neglected, or 
        exploited.
            (3) Elder abuse, neglect, and exploitation have no 
        boundaries, and cross all racial, social class, gender, and 
        geographic lines.
            (4) Victims of elder abuse, neglect, and exploitation are 
        not only subject to injury from mistreatment and neglect, they 
        are also 3.1 times more likely than elders who were not victims 
        of elder abuse, neglect, and exploitation to die at an earlier 
        age than expected.
            (5) There is a general dearth of data as to the nature and 
        scope of elder abuse, neglect, and exploitation.
            (6) Despite the dearth of data in the field, experts agree 
        that most cases of elder abuse, neglect, and exploitation are 
        never reported and that abuse, neglect, and exploitation 
        shorten a victim's life, often triggering a downward spiral of 
        an otherwise productive, self-sufficient elder's life. Programs 
        addressing other difficult issues such as domestic violence and 
        child abuse and neglect have demonstrated the need for a multi-
        faceted law, combining public health, social service, and law 
        enforcement approaches.
            (7) For over 20 years, Congress has been presented with 
        facts and testimony calling for a coordinated Federal effort to 
        combat elder abuse, neglect, and exploitation.
            (8) The Federal Government has been slow to respond to the 
        needs of victims of elder abuse, neglect, and exploitation or 
        to undertake prevention efforts.
            (9) No Federal law has been enacted that adequately and 
        comprehensively addresses the issues of elder abuse, neglect, 
        and exploitation and there are very limited resources available 
        to those in the field that directly deal with the issues.
            (10) Differences in State laws and practices in the areas 
        of elder abuse, neglect, and exploitation lead to significant 
        disparities in prevention, protective and social services, 
        treatment systems, and law enforcement, and lead to other 
        inequities.
            (11) The Federal Government has played an important role in 
        promoting research, training, public safety, data collection, 
        the identification, development, and dissemination of promising 
        health care, social, and protective services, and law 
        enforcement practices, relating to child abuse and neglect, 
        domestic violence, and violence against women. The Federal 
        Government should promote similar efforts and protections 
        relating to elder abuse, neglect, and exploitation.
            (12) The Federal Government should provide leadership and 
        assist States and communities in their efforts to protect 
        elders in the United States by--
                    (A) promoting coordinated planning among all levels 
                of government;
                    (B) generating and sharing knowledge relevant to 
                protecting elders;
                    (C) providing leadership to combat the abuse, 
                neglect, and exploitation of the Nation's elders; and
                    (D) providing resources to States and communities 
                to promote elder justice.
            (13) The problem of elder abuse, neglect, and exploitation 
        requires a comprehensive approach that--
                    (A) integrates the work of health, legal, and 
                social service agencies and organizations;
                    (B) emphasizes the need for prevention, reporting, 
                investigation, assessment, treatment, and prosecution 
                of elder abuse, neglect, and exploitation at all levels 
                of government;
                    (C) ensures that sufficient numbers of properly 
                trained personnel with specialized knowledge are in 
                place to treat, assess, and provide services relating 
                to elder abuse, neglect, and exploitation, and carry 
                out elder protection duties;
                    (D) is sensitive to ethnic and cultural diversity;
                    (E) recognizes the role of mental health, 
                disability, dementia, substance abuse, medication 
                mismanagement, and family dysfunction problems in 
                increasing and exacerbating elder abuse, neglect, and 
                exploitation; and
                    (F) balances elders' right to self-determination 
                with society's responsibility to protect elders.
            (14) The human, social, and economic cost of elder abuse, 
        neglect, and exploitation is high and includes unnecessary 
        expenditures of funds from many public programs.
            (15) The failure to coordinate activities relating to, and 
        comprehensively prevent and treat, elder abuse, neglect, and 
        exploitation threatens the future and well-being of millions of 
        elders in the United States.
            (16) All elements of society in the United States have a 
        shared responsibility in responding to a national problem of 
        elder abuse, neglect, and exploitation.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:
            (1) To enhance the social security of the Nation by 
        ensuring adequate public-private infrastructure and resolve to 
        prevent, detect, treat, understand, and intervene in, and where 
        appropriate, aid in the prosecution of, elder abuse, neglect, 
        and exploitation.
            (2) To bring a comprehensive approach to preventing and 
        combating elder abuse, neglect, and exploitation, a long 
        invisible problem that afflicts the most vulnerable among the 
        aging population of the United States.
            (3) To raise the issue of elder abuse, neglect, and 
        exploitation to national attention, and to create the 
        infrastructure at the Federal, State, and local levels, to 
        ensure that individuals and organizations on the front lines, 
        who are fighting elder abuse, neglect, and exploitation with 
        scarce resources and fragmented systems, have the resources and 
        information needed to carry out their fight.
            (4) To bring a comprehensive multidisciplinary approach to 
        elder justice.
            (5) To set in motion research and data collection to fill 
        gaps in knowledge about elder abuse, neglect, and exploitation.
            (6) To supplement the activities of service providers and 
        programs, to enhance training, and to leverage scarce resources 
        efficiently to ensure that elder justice receives the attention 
        it deserves as the Nation's population ages.
            (7) To examine the many different laws and practices 
        relating to elder justice in different States and jurisdictions 
        to ascertain which among those laws and practices are the most 
        effective.
            (8) To promote the development of an effective adult 
        fiduciary system, including an adult guardianship system, 
        that--
                    (A) maximizes the autonomy, self-determination, and 
                dignity of choice of individuals with diminished 
                capacity and that fully protects the due process rights 
                of elders that are the subjects of contested or 
                uncontested guardianship hearings; and
                    (B) honors properly executed advance directives of 
                persons with diminished capacity, unless there is 
                evidence of a breach in a designated agent's fiduciary 
                responsibility or the advance directive does not give 
                sufficient authority to meet the needs of the elder.
            (9) To recognize and address the role of mental health, 
        disability, dementia, substance abuse, medication 
        mismanagement, and family dysfunction problems in increasing 
        and exacerbating elder abuse, neglect, and exploitation.
            (10) To create short- and long-term strategic plans for the 
        development and coordination of elder justice research, 
        programs, studies, training, and other efforts nationwide.
            (11) To promote collaborative efforts and diminish overlap 
        and gaps in efforts in developing the important field of elder 
        justice.
            (12) To honor and respect the right of all persons with 
        diminished capacity to decisionmaking autonomy, self-
        determination, and dignity of choice.
            (13) To respect the wishes of persons with diminished 
        capacity and their family members in providing supportive 
        services and care plans intended to protect elders from abuse, 
        neglect (including self-neglect), and exploitation.

SEC. 4. DEFINITIONS.

    Except as otherwise specifically provided, any term that is defined 
in section 2200 of the Social Security Act (as added by section 101) 
and that is used in this Act has the meaning given such term by such 
title.

            TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES

SEC. 101. AMENDMENTS TO THE SOCIAL SECURITY ACT.

    (a) In General.--The Social Security Act (42 U.S.C. 301 et seq.) is 
amended by adding at the end the following:

                      ``TITLE XXII--ELDER JUSTICE

``SEC. 2200. DEFINITIONS.

    ``In this title:
            ``(1) Abuse.--The term `abuse' means the knowing infliction 
        of physical or psychological harm or the knowing deprivation of 
        goods or services that are necessary to meet essential needs or 
        to avoid physical or psychological harm.
            ``(2) Adult protective services.--The term `adult 
        protective services' means such services provided to adults as 
        the Secretary may specify and includes services such as--
                    ``(A) disseminating reports of adult abuse, 
                neglect, or exploitation;
                    ``(B) investigating the reports described in 
                subparagraph (A);
                    ``(C) case planning, monitoring, evaluation, and 
                other case work and services; and
                    ``(D) providing, arranging for, or facilitating the 
                provision of medical, social service, economic, legal, 
                housing, law enforcement, or other protective, 
                emergency, or support services.
            ``(3) Caregiver.--The term `caregiver' means an individual 
        who has the responsibility for the care of an elder, either 
        voluntarily, by contract, by receipt of payment for care, or as 
        a result of the operation of law and means a family member or 
        other individual who provides (on behalf of such individual or 
        of a public or private agency, organization, or institution) 
        compensated or uncompensated care to an elder who needs 
        supportive services in any setting.
            ``(4) Direct care.--The term `direct care' means care by an 
        employee or contractor who provides assistance or long-term 
        care services to a recipient.
            ``(5) Elder.--The term `elder' means an individual age 60 
        or older.
            ``(6) Elder justice.--The term `elder justice' means--
                    ``(A) from a societal perspective, efforts to 
                prevent, detect, treat, intervene in, and prosecute 
                elder abuse, neglect, and exploitation and to protect 
                elders with diminished capacity while maximizing their 
                autonomy; and
                    ``(B) from an individual perspective, the 
                recognition of an elder's rights, including the right 
                to be free of abuse, neglect, and exploitation.
            ``(7) Eligible entity.--The term `eligible entity' means a 
        State or local government agency, Indian tribe, or any other 
        public or private entity that is engaged in and has expertise 
        in issues relating to elder justice or in a field necessary to 
        promote elder justice efforts.
            ``(8) Exploitation.--The term `exploitation' means the 
        fraudulent or otherwise illegal, unauthorized, or improper act 
        or process of an individual, including a caregiver or 
        fiduciary, that uses the resources of an elder for monetary or 
        personal benefit, profit, or gain, or that results in depriving 
        an elder of rightful access to, or use of, benefits, resources, 
        belongings, or assets.
            ``(9) Fiduciary.--The term `fiduciary'--
                    ``(A) means a person or entity with the legal 
                responsibility--
                            ``(i) to make decisions on behalf of and 
                        for the benefit of another person; and
                            ``(ii) to act in good faith and with 
                        fairness; and
                    ``(B) includes a trustee, a guardian, a 
                conservator, an executor, an agent under a financial 
                power of attorney or health care power of attorney, or 
                a representative payee.
            ``(10) Grant.--The term `grant' includes a contract, 
        cooperative agreement, or other mechanism for providing 
        financial assistance.
            ``(11) Guardianship.--The term `guardianship' means--
                    ``(A) the process by which a State court determines 
                that an adult individual lacks capacity to make 
                decisions about self-care and property, and appoints 
                another individual or entity known as a guardian, as a 
                conservator, or by a similar term, as a surrogate 
                decisionmaker;
                    ``(B) the manner in which the court-appointed 
                surrogate decisionmaker carries out duties to the 
                individual and the court; or
                    ``(C) the manner in which the court exercises 
                oversight of the surrogate decisionmaker.
            ``(12) Indian tribe.--The term `Indian tribe' means any 
        tribe, band, nation, or other organized group or community of 
        Indians, including any Native village, Regional Corporation, or 
        Village Corporation as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), that is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians.
            ``(13) Law enforcement.--The term `law enforcement' means 
        the full range of potential responders to elder abuse, neglect, 
        and exploitation including--
                    ``(A) police, sheriffs, detectives, public safety 
                officers, and corrections personnel;
                    ``(B) prosecutors;
                    ``(C) medical examiners;
                    ``(D) investigators; and
                    ``(E) coroners.
            ``(14) Long-term care.--
                    ``(A) In general.--The term `long-term care' means 
                supportive and health services specified by the 
                Secretary for individuals who need assistance because 
                the individuals have a loss of capacity for self-care 
                due to illness, disability, or vulnerability.
                    ``(B) Loss of capacity for self-care.--For purposes 
                of subparagraph (A), the term `loss of capacity for 
                self-care' means an inability to engage in activities 
                of daily living, including eating, dressing, bathing, 
                and management of one's financial affairs.
            ``(15) Long-term care facility.--The term `long-term care 
        facility' means a residential care provider that arranges for, 
        or directly provides, long-term care.
            ``(16) Neglect.--The term `neglect' means--
                    ``(A) the failure of a caregiver or fiduciary to 
                provide the goods or services that are necessary to 
                maintain the health or safety of an elder; or
                    ``(B) self-neglect.
            ``(17) Nursing facility.--The term `nursing facility' has 
        the meaning given such term under section 1919(a).
            ``(18) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services.
            ``(19) Self-neglect.--The term `self-neglect' means an 
        adult's inability, due to physical or mental impairment or 
        diminished capacity, to perform essential self-care tasks 
        including--
                    ``(A) obtaining essential food, clothing, shelter, 
                and medical care;
                    ``(B) obtaining goods and services necessary to 
                maintain physical health, mental health, or general 
                safety; or
                    ``(C) managing one's own financial affairs.
            ``(20) Serious bodily injury.--
                    ``(A) In general.--The term `serious bodily injury' 
                means an injury--
                            ``(i) involving extreme physical pain;
                            ``(ii) involving substantial risk of death;
                            ``(iii) involving protracted loss or 
                        impairment of the function of a bodily member, 
                        organ, or mental faculty; or
                            ``(iv) requiring medical intervention such 
                        as surgery, hospitalization, or physical 
                        rehabilitation.
                    ``(B) Criminal sexual abuse.--Serious bodily injury 
                shall be considered to have occurred if the conduct 
                causing the injury is conduct described in section 2241 
                (relating to aggravated sexual abuse) or 2242 (relating 
                to sexual abuse) of title 18, United States Code or any 
                similar offense under State law.
            ``(21) Social.--The term `social', when used with respect 
        to a service, includes adult protective services.
            ``(22) State.--The term `State' means any of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
            ``(23) State legal assistance developer.--The term `State 
        legal assistance developer' means an individual described in 
        section 731 of the Older Americans Act of 1965.
            ``(24) State long-term care ombudsman.--The term `State 
        Long-Term Care Ombudsman' means the State Long-Term Care 
        Ombudsman described in section 712(a)(2) of the Older Americans 
        Act of 1965.

               ``Subtitle A--Federal Elder Justice System

``SEC. 2201. ELDER JUSTICE COORDINATING COUNCIL.

    ``(a) Establishment.--There is established within the Office of the 
Secretary an Elder Justice Coordinating Council (in this section 
referred to as the `Council').
    ``(b) Membership.--
            ``(1) In general.--The Council shall be composed of the 
        following members:
                    ``(A) The Secretary (or the Secretary's designee).
                    ``(B) The Attorney General (or the Attorney 
                General's designee).
                    ``(C) The head of each Federal department or agency 
                or other governmental entity identified by the Co-
                Chairs referred to in subsection (d) as having 
                responsibilities or administering programs relating to 
                elder abuse, neglect, and exploitation.
            ``(2) Requirement.--Each member of the Council shall be an 
        officer or employee of the Federal Government.
    ``(c) Vacancies.--Any vacancy in the Council shall not affect its 
powers, but shall be filled in the same manner as the original 
appointment was made.
    ``(d) Co-Chairs.--The members described in subparagraphs (A) and 
(B) of subsection (b)(1) shall be Co-Chairs of the Council.
    ``(e) Meetings.--The Council shall meet at least 2 times per year, 
as determined by the Co-Chairs.
    ``(f) Duties.--
            ``(1) In general.--The Council shall make recommendations 
        to the Secretary and the Attorney General for the coordination 
        of activities of the Department of Health and Human Services, 
        the Department of Justice, and other relevant Federal, State, 
        local, and private agencies and entities, relating to elder 
        abuse, neglect, and exploitation and other crimes against 
        elders.
            ``(2) Report.--Not later than the date that is 2 years 
        after the date of enactment of the John Breaux Elder Justice 
        Act and every 2 years thereafter, the Council shall submit to 
        Congress a report that--
                    ``(A) describes the activities of, accomplishments 
                of, and challenges faced by--
                            ``(i) the Council; and
                            ``(ii) the entities represented on the 
                        Council; and
                    ``(B) makes such recommendations for legislation, 
                model laws, or other action as the Council determines 
                to be appropriate.
    ``(g) Powers of the Council.--
            ``(1) Information from federal agencies.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Council may secure directly from any Federal department 
                or agency such information as the Council considers 
                necessary to carry out this section. Upon request of 
                the Co-Chairs of the Council, the head of such 
                department or agency shall furnish such information to 
                the Council.
                    ``(B) Protection of privacy.--The Secretary shall 
                oversee the activities of the Council under this 
                paragraph in order to ensure the protection of 
                individual health privacy consistent with the 
                regulations promulgated under section 264(c) of the 
                Health Insurance Portability and Accountability Act of 
                1996 and State and local privacy regulations (as 
                applicable).
            ``(2) Postal services.--The Council may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
    ``(h) Travel Expenses.--The members of the Council shall not 
receive compensation for the performance of services for the Council. 
The members shall be allowed travel expenses, including per diem in 
lieu of subsistence, at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business in the performance 
of services for the Council. Notwithstanding section 1342 of title 31, 
United States Code, the Secretary may accept the voluntary and 
uncompensated services of the members of the Council.
    ``(i) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Council without reimbursement, and such 
detail shall be without interruption or loss of civil service status or 
privilege.

``SEC. 2202. ADVISORY BOARD ON ELDER ABUSE, NEGLECT, AND EXPLOITATION.

    ``(a) Establishment.--There is established a board to be known as 
the `Advisory Board on Elder Abuse, Neglect, and Exploitation' (in this 
section referred to as the `Advisory Board') to create short-term and 
long-term multidisciplinary strategic plans for the development of the 
field of elder justice and to make recommendations to the Elder Justice 
Coordinating Council established under section 2201.
    ``(b) Solicitation of Nominations.--The Secretary shall publish a 
notice in the Federal Register soliciting nominations for the 
appointment of members of the Advisory Board under subsection (c).
    ``(c) Composition.--The Advisory Board shall be composed of 27 
members appointed by the Secretary from among members of the general 
public who are individuals with experience and expertise in elder 
abuse, neglect, and exploitation prevention, detection, treatment, 
intervention, or prosecution.
    ``(d) Terms.--
            ``(1) In general.--Each member of the Advisory Board shall 
        be appointed for a term of 3 years, except that, of the members 
        first appointed--
                    ``(A) 9 shall be appointed for a term of 3 years;
                    ``(B) 9 shall be appointed for a term of 2 years; 
                and
                    ``(C) 9 shall be appointed for a term of 1 year.
            ``(2) Vacancies.--
                    ``(A) In general.--Any vacancy in the Advisory 
                Board shall not affect its powers, but shall be filled 
                in the same manner as the original appointment was 
                made.
                    ``(B) Filling unexpired term.--An individual chosen 
                to fill a vacancy shall be appointed for the unexpired 
                term of the member replaced.
            ``(3) Expiration of terms.--The term of any member shall 
        not expire before the date on which the member's successor 
        takes office.
    ``(e) Election of Officers.--The Advisory Board shall elect a Chair 
and Vice Chair from among its members. The Advisory Board shall elect 
its initial Chair and Vice Chair at its initial meeting.
    ``(f) Duties.--Not later than the date that is 18 months after the 
date of enactment of the John Breaux Elder Justice Act, and annually 
thereafter, the Advisory Board shall prepare and submit to the Elder 
Justice Coordinating Council and the appropriate committees of Congress 
a report containing--
            ``(1) information on the status of Federal, State, and 
        local public and private elder justice activities;
            ``(2) recommendations (including recommended priorities) 
        regarding--
                    ``(A) elder justice programs, research, training, 
                services, practice, enforcement, and coordination;
                    ``(B) coordination between entities pursuing elder 
                justice efforts and those involved in related areas 
                that may inform or overlap with elder justice efforts, 
                such as activities to combat violence against women and 
                child abuse and neglect; and
                    ``(C) activities relating to adult fiduciary 
                systems, including guardianship and other fiduciary 
                arrangements;
            ``(3) recommendations for specific modifications needed in 
        Federal and State laws (including regulations) or for programs, 
        research, and training to enhance prevention, detection, and 
        treatment (including diagnosis) of, intervention in (including 
        investigation of), and prosecution of elder abuse, neglect, and 
        exploitation;
            ``(4) recommendations on methods for the most effective 
        coordinated national data collection with respect to elder 
        justice, and elder abuse, neglect, and exploitation; and
            ``(5) recommendations for a multidisciplinary strategic 
        plan to guide the effective and efficient development of the 
        field of elder justice.
    ``(g) Powers of the Advisory Board.--
            ``(1) Information from federal agencies.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Advisory Board may secure directly from any Federal 
                department or agency such information as the Advisory 
                Board considers necessary to carry out this section. 
                Upon request of the Chair, the head of such department 
                or agency shall furnish such information to the 
                Advisory Board.
                    ``(B) Protection of privacy.--The Secretary shall 
                oversee the activities of the Advisory Board under this 
                paragraph in order to ensure the protection of 
                individual health privacy consistent with the 
                regulations promulgated under section 264(c) of the 
                Health Insurance Portability and Accountability Act of 
                1996 and State and local privacy regulations (as 
                applicable).
            ``(2) Sharing of data and reports.--The Advisory Board may 
        request from any entity pursuing elder justice activities under 
        the John Breaux Elder Justice Act or an amendment made by that 
        Act, any data, reports, or recommendations generated in 
        connection with such activities.
            ``(3) Postal services.--The Advisory Board may use the 
        United States mails in the same manner and under the same 
        conditions as other departments and agencies of the Federal 
        Government.
            ``(4) Gifts.--The Advisory Board may accept, use, and 
        dispose of gifts or donations of services or property.
    ``(h) Travel Expenses.--The members of the Advisory Board shall not 
receive compensation for the performance of services for the Advisory 
Board. The members shall be allowed travel expenses for up to 4 
meetings per year, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Advisory 
Board. Notwithstanding section 1342 of title 31, United States Code, 
the Secretary may accept the voluntary and uncompensated services of 
the members of the Advisory Board.
    ``(i) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Advisory Board without reimbursement, 
and such detail shall be without interruption or loss of civil service 
status or privilege.
    ``(j) Status as Permanent Advisory Committee.--Section 14 of the 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
advisory board.

``SEC. 2203. HUMAN SUBJECT RESEARCH.

    ``(a) In General.--For purposes of the application of subpart A of 
part 46 of title 45, Code of Federal Regulations to research conducted 
under this title, the term `legally authorized representative' means, 
unless otherwise provided by law, the individual or judicial or other 
body authorized under the applicable law to consent to medical 
treatment on behalf of another person.
    ``(b) Guidelines.--The Secretary, acting through the Director of 
the National Institute on Aging, shall promulgate guidelines to assist 
researchers working in the area of elder abuse, neglect, and 
exploitation, with issues relating to human subject protections.

``SEC. 2204. REGULATIONS.

    ``The Secretary may issue such regulations as may be necessary to 
carry out this title.

``SEC. 2205. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
subtitle--
            ``(1) for fiscal year 2006, $3,000,000; and
            ``(2) for each of fiscal years 2007 through 2009, 
        $3,500,000.

                  ``Subtitle B--Elder Justice Programs

``SEC. 2211. ENHANCEMENT OF LONG-TERM CARE.

    ``(a) Grants and Incentives for Long-Term Care Staffing.--
            ``(1) General authority.--The Secretary shall carry out 
        activities, including activities described in paragraphs (2) 
        and (3), to provide incentives for individuals to train for, 
        seek, and maintain employment providing direct care in a long-
        term care facility.
            ``(2) Specific programs to enhance training, recruitment, 
        and retention of staff.--
                    ``(A) Coordination with other programs to recruit 
                and train long-term care staff.--The Secretary shall 
                coordinate activities under this subsection with the 
                Secretary of Labor and the Assistant Secretary for the 
                Administration for Children and Families in order to 
                provide incentives to participants in programs carried 
                out under section 403(a)(5) or under part A of title IV 
                to train for and seek employment providing direct care 
                in a long-term care facility.
                    ``(B) Career ladders and wage or benefit increases 
                to increase staffing in long-term care facilities.--
                            ``(i) Grants authorized.--The Secretary 
                        shall make grants to long-term care facilities 
                        to carry out programs through which the 
                        facilities--
                                    ``(I) offer, to employees who 
                                provide direct care to residents of a 
                                long-term care facility, continuing 
                                training and varying levels of 
                                certification, based on observed 
                                clinical care practices and the amount 
                                of time the employees spend providing 
                                direct care; and
                                    ``(II) provide, or make 
                                arrangements to provide, bonuses or 
                                other increased compensation or 
                                benefits to employees who achieve 
                                certification under such a program.
                            ``(ii) Application.--To be eligible to 
                        receive a grant under this subparagraph, a 
                        long-term care facility shall submit an 
                        application to the Secretary at such time, in 
                        such manner, and containing such information as 
                        the Secretary may require.
            ``(3) Specific programs to improve management practices.--
                    ``(A) Grants authorized.--The Secretary shall make 
                grants to long-term care facilities to enable the 
                facilities to provide training and technical assistance 
                to eligible employees.
                    ``(B) Authorized activities.--A long-term care 
                facility that receives a grant under subparagraph (A) 
                shall use funds made available through the grant to 
                provide training and technical assistance to eligible 
                employees regarding management practices using methods 
                that are demonstrated to promote retention of 
                individuals who provide direct care to residents of the 
                long-term care facility, such as--
                            ``(i) the establishment of basic human 
                        resource policies that reward high performance, 
                        including policies that provide for improved 
                        wages and benefits on the basis of job reviews;
                            ``(ii) the establishment of motivational 
                        and thoughtful work organization practices;
                            ``(iii) the creation of a workplace culture 
                        that respects and values caregivers and their 
                        needs;
                            ``(iv) the promotion of a workplace culture 
                        that respects the rights of residents of a 
                        long-term care facility and results in improved 
                        care for the residents; and
                            ``(v) the establishment of other programs 
                        that promote the provision of high quality 
                        care, such as a continuing education program 
                        that provides additional hours of training, 
                        including on-the-job training, for employees 
                        who are certified nurse aides.
                    ``(C) Application.--To be eligible to receive a 
                grant under this paragraph, a long-term care facility 
                shall submit an application to the Secretary at such 
                time, in such manner, and containing such information 
                as the Secretary may require.
                    ``(D) Eligible employee defined.--In this 
                paragraph, the term `eligible employee' means an 
                individual who establishes or implements management 
                practices applicable with respect to individuals who 
                provide direct care to residents of a long-term care 
                facility and includes administrators, directors of 
                nursing, staff developers, and charge nurses.
            ``(4) Accountability measures.--The Secretary shall develop 
        accountability measures to ensure that the activities conducted 
        using funds made available under this subsection benefit 
        eligible employees and increase the stability of the long-term 
        care workforce.
    ``(b) Informatics Systems Grant Program.--
            ``(1) Grants authorized.--The Secretary is authorized to 
        make grants to long-term care facilities for the purpose of 
        assisting such entities in offsetting the costs related to 
        purchasing, leasing, developing, and implementing standardized 
        clinical health care informatics systems designed to improve 
        patient safety and reduce adverse events and health care 
        complications resulting from medication errors.
            ``(2) Use of grant funds.--Funds provided under grants 
        under this subsection may be used for any of the following:
                    ``(A) Purchasing, leasing, and installing computer 
                software and hardware, including handheld computer 
                technologies.
                    ``(B) Making improvements to existing computer 
                software and hardware.
                    ``(C) Making upgrades and other improvements to 
                existing computer software and hardware to enable e-
                prescribing.
                    ``(D) Providing education and training to eligible 
                long-term care facility staff on the use of technology 
                to implement the electronic transmission of 
                prescription and patient information.
            ``(3) Application.--To be eligible to receive a grant under 
        this subsection, a long-term care facility shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may require.
            ``(4) Accountability measures.--The Secretary shall develop 
        accountability measures to ensure that the activities conducted 
        using funds made available under this subsection help improve 
        patient safety and reduce adverse events and health care 
        complications resulting from medication errors.
    ``(c) Development and Adoption of Standards for Transactions 
Involving Clinical Data by Long-Term Care Facilities.--
            ``(1) Standards.--The Secretary shall develop and adopt 
        uniform open electronic standards for transactions involving 
        clinical data by long-term care facilities. Such standards 
        shall include messaging and nomenclature standards.
            ``(2) Compatibility with other standards.--The standards 
        developed and adopted under paragraph (1) shall be compatible 
        with standards established under part C of title XI, standards 
        established under subsections (b)(2)(B)(i) and (e)(4) of 
        section 1860D-4, and with general health information technology 
        standards.
            ``(3) Electronic submission of data to the secretary.--
                    ``(A) In general.--Not later than 10 years after 
                the date of enactment of the John Breaux Elder Justice 
                Act, the Secretary shall have procedures in place to 
                accept the optional electronic submission of clinical 
                data by long-term care facilities pursuant to the 
                standards developed and adopted under paragraph (1).
                    ``(B) Rule of construction.--Nothing in this 
                subsection shall be construed to require a long-term 
                care facility to submit clinical data electronically to 
                the Secretary.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, for each of fiscal years 2006 
through 2009, $25,000,000.

``SEC. 2212. COLLABORATIVE EFFORTS TO ENHANCE COMMUNICATION ON 
              PROMOTING QUALITY OF AND PREVENTING ABUSE AND NEGLECT IN 
              LONG-TERM CARE.

    ``(a) Pilot Projects Authorized.--The Secretary, after consultation 
with the Attorney General, may establish pilot projects to improve 
long-term care. In carrying out the pilot projects, the Secretary shall 
make grants to eligible partnerships (as defined in subsection (b)) to 
develop collaborative and innovative approaches to improve the quality 
of, including preventing abuse and neglect in, long-term care.
    ``(b) Eligible Partnerships.--In this section, the term `eligible 
partnership' means a multidisciplinary community partnership consisting 
of eligible entities or appropriate individuals, such as a partnership 
consisting of representatives in a community of nursing facility 
providers, State legal assistance developers, advocates for residents 
of long-term care facilities, State Long-Term Care Ombudsmen, 
surveyors, the State agency with responsibility for adult protective 
services, the State agency with responsibility for licensing long-term 
care facilities, law enforcement agencies, courts, family councils, 
residents, certified nurse aides, registered nurses, physicians, and 
other eligible entities and appropriate individuals.
    ``(c) Application.--To be eligible to receive a grant under this 
section, a partnership shall submit an application to the Secretary at 
such time, in such manner, and containing such information as the 
Secretary may require.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, for each of fiscal years 2006 
through 2009, $2,500,000.

``SEC. 2213. COLLABORATIVE EFFORTS TO DEVELOP CONSENSUS AROUND THE 
              MANAGEMENT OF CERTAIN QUALITY-RELATED FACTORS.

    ``(a) Grants Authorized.--The Secretary, after consultation with 
the Attorney General, may make grants to eligible entities to establish 
multidisciplinary panels to address, and develop consensus on, subjects 
relating to improving the quality of long-term care. The Secretary 
shall make a limited number of such grants, including at least 1 grant 
for the establishment of such a panel to address, and develop consensus 
on, methods of managing resident-to-resident abuse in long-term care.
    ``(b) Authorized Activities.--An eligible entity that receives a 
grant under this section shall--
            ``(1) establish a multidisciplinary panel to address a 
        specific subject; and
            ``(2) ensure that the panel uses the funds made available 
        through the grant to establish a goal with respect to the 
        subject, examine relevant research and data, identify best 
        practices with respect to the subject, determine the best way 
        to carry out those best practices in a practical and feasible 
        manner, and determine an effective manner of distributing 
        information on the subject.
    ``(c) Application.--To be eligible to receive a grant under this 
section, an eligible entity shall submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, for each of fiscal years 2006 
through 2009, $2,000,000.

``SEC. 2214. ADULT PROTECTIVE SERVICES FUNCTIONS AND GRANT PROGRAMS.

    ``(a) Functions.--
            ``(1) In general.--The Secretary shall ensure that the 
        Department of Health and Human Services--
                    ``(A) provides funding authorized by this title to 
                State and local adult protective services offices that 
                investigate reports of the abuse, neglect, and 
                exploitation of elders;
                    ``(B) collects and disseminates data annually 
                relating to the abuse, exploitation, and neglect of 
                elders in coordination with the Bureau of Justice 
                Statistics of the Office of Justice Programs of the 
                Department of Justice efforts to collect national data 
                under section 2221;
                    ``(C) develops and disseminates information on best 
                practices regarding, and provides training on, carrying 
                out adult protective services;
                    ``(D) in conjunction with the necessary experts, 
                conducts research related to the provision of adult 
                protective services; and
                    ``(E) provides technical assistance to States and 
                other entities that provide or fund the provision of 
                adult protective services, including through grants 
                made under subsections (b) and (c).
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection, 
        $3,000,000 for fiscal year 2006 and $4,000,000 for each of 
        fiscal years 2007 through 2009.
    ``(b) Grant Program.--
            ``(1) Establishment.--There is established an adult 
        protective services grant program under which the Secretary 
        shall annually award grants to States in the amounts calculated 
        under paragraph (2) for the purposes of enhancing adult 
        protective services provided to elders by States and local 
        units of government by employing workers who carry caseloads 
        consisting only of elders and identifying the number of cases 
        that should comprise a reasonable caseload consisting only of 
        elders.
            ``(2) Amount of payment.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the amount paid to a State for a year under the 
                program under this subsection shall equal the amount 
                appropriated for the year under paragraph (5) 
                multiplied by, of the total number of elders who reside 
                in the United States, the percentage who reside in the 
                State.
                    ``(B) Guaranteed minimum payment amount.--
                            ``(i) 50 states.--Subject to clause (ii), 
                        if the amount determined under subparagraph (A) 
                        for a State for a year is less than 0.75 
                        percent of the amount appropriated under 
                        paragraph (5), the Secretary shall increase 
                        such determined amount so that the total amount 
                        paid under this subsection to the State for the 
                        year is equal to 0.75 percent of the amount so 
                        appropriated.
                            ``(ii) Territories.--In the case of a State 
                        other than 1 of the 50 States, clause (i) shall 
                        be applied as if each reference to `0.75' were 
                        a reference to `0.1'.
                    ``(C) Pro rata reductions.--The Secretary shall 
                make such pro rata reductions to the amounts described 
                in subparagraph (A) as are necessary to comply with the 
                requirements of subparagraph (B).
            ``(3) Authorized activities.--
                    ``(A) Adult protective services.--Funds made 
                available pursuant to this subsection may only be used 
                by States and local units of government to provide 
                adult protective services for elders and may not be 
                used for any other purpose.
                    ``(B) Use by agency.--Each State receiving funds 
                pursuant to this subsection shall provide such funds to 
                the agency or unit of State government having legal 
                responsibility for providing adult protective services 
                within the State.
                    ``(C) Supplement not supplant.--Each State or local 
                unit of government shall use funds made available 
                pursuant to this subsection to supplement and not 
                supplant other Federal, State, and local public funds 
                expended to provide adult protective services in the 
                State.
            ``(4) Reports.--
                    ``(A) State reports.--Each State receiving funds 
                under this subsection shall submit to the Secretary, at 
                such time and in such manner as the Secretary may 
                require, a report--
                            ``(i) containing a comparison of the 
                        outcomes of workers who carry caseloads 
                        consisting only of elders with outcomes of 
                        workers carrying caseloads that include other 
                        individuals; and
                            ``(ii) identifying a number of cases that 
                        should comprise a reasonable caseload 
                        consisting only of elders.
                    ``(B) Report by the secretary.--Not later than 
                October 1, 2010, the Secretary shall submit to the 
                appropriate committees of Congress a report compiling, 
                summarizing, and analyzing the information contained in 
                the reports submitted under subparagraph (A) together 
                with such recommendations for legislative or 
                administrative action as the Secretary determines to be 
                appropriate.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection, for each of 
        fiscal years 2006 through 2009, $100,000,000.
    ``(c) State Demonstration Programs.--
            ``(1) Establishment.--There is established a program under 
        which the Secretary shall award grants to States for the 
        purposes of conducting demonstration programs in accordance 
        with paragraph (2).
            ``(2) Demonstration programs.--Funds made available 
        pursuant to this subsection may be used by States and local 
        units of government to conduct demonstration programs that 
        test--
                    ``(A) training modules developed for the purpose of 
                detecting or preventing elder abuse;
                    ``(B) methods to detect or prevent financial 
                exploitation of elders;
                    ``(C) methods to detect elder abuse;
                    ``(D) whether training on elder abuse forensics 
                enhances the detection of elder abuse by employees of 
                the State or local unit of government; or
                    ``(E) other matters relating to the detection or 
                prevention of elder abuse.
            ``(3) Application.--To be eligible to receive a grant under 
        this subsection, a State shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may require.
            ``(4) Reports.--
                    ``(A) State reports.--Each State that receives 
                funds under this subsection shall submit a report to 
                the Secretary at such time, in such manner, and 
                containing such information as the Secretary may 
                require on the results of the demonstration program 
                conducted by the State using funds made available under 
                this subsection.
                    ``(B) Report by the secretary.--Not later than 
                October 1, 2010, the Secretary shall submit to the 
                appropriate committees of Congress a report compiling, 
                summarizing, and analyzing the information contained in 
                the reports submitted under subparagraph (A) together 
                with such recommendations for legislative or 
                administrative action as the Secretary determines to be 
                appropriate.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection, for the period 
        of fiscal years 2006 through 2009, $25,000,000.

  ``Subtitle C--Collection of Data, Dissemination of Information, and 
                                Studies

``SEC. 2221. COLLECTION OF UNIFORM NATIONAL DATA ON ELDER ABUSE, 
              NEGLECT, AND EXPLOITATION.

    ``(a) Purpose.--The purpose of this section is to improve, 
streamline, and promote uniform collection, maintenance, and 
dissemination of national data relating to the various types of elder 
abuse, neglect, and exploitation.
    ``(b) Phase I.--
            ``(1) In general.--Not later than the date that is 1 year 
        after the date of enactment of the John Breaux Elder Justice 
        Act, the Secretary, after consultation with the Attorney 
        General and working with experts in relevant disciplines from 
        the Bureau of Justice Statistics of the Office of Justice 
        Programs, shall--
                    ``(A) develop a method for collecting national data 
                regarding elder abuse, neglect, and exploitation; and
                    ``(B) develop uniform national data reporting forms 
                adapted to each relevant entity or discipline (such as 
                health, public safety, social and protective services, 
                and law enforcement) reflecting--
                            ``(i) the distinct manner in which each 
                        entity or discipline receives and maintains 
                        information; and
                            ``(ii) the sequence and history of reports 
                        to or involvement of different entities or 
                        disciplines, independently, or the sequence and 
                        history of reports from 1 entity or discipline 
                        to another over time.
            ``(2) Forms.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                national data reporting forms described in paragraph 
                (1)(B) shall incorporate the definitions of this title, 
                for use in determining whether an event is reportable.
                    ``(B) Protection of privacy.--In pursuing 
                activities under this paragraph, the Secretary shall 
                ensure the protection of individual health privacy 
                consistent with the regulations promulgated under 
                section 264(c) of the Health Insurance Portability and 
                Accountability Act of 1996 and State and local privacy 
                regulations (as applicable).
    ``(c) Phase II.--
            ``(1) In general.--Not later than the date that is 1 year 
        after the date on which the activities described in subsection 
        (b)(1) are completed, the Secretary (or the Secretary's 
        designee) shall ensure that the national data reporting forms 
        and data collection methods developed in accordance with such 
        subsection are pilot tested in 6 States selected by the 
        Secretary.
            ``(2) Adjustments to the form and methods.--The Secretary, 
        after considering the results of the pilot testing described in 
        paragraph (1) and consultation with the Attorney General and 
        relevant experts, shall adjust the national data reporting 
        forms and data collection methods as necessary.
    ``(d) Phase III.--
            ``(1) Distribution of national data reporting forms.--After 
        completion of the adjustment to the national data reporting 
        forms under subsection (c)(2), the Secretary shall submit the 
        national data reporting forms along with instructions to--
                    ``(A) the heads of the relevant components of the 
                Department of Health and Human Services, the Department 
                of Justice, and the Department of the Treasury, and 
                such other Federal entities as may be appropriate; and
                    ``(B) the Governor's office of each State for 
                collection from all relevant State entities of data, 
                including health care, social services, and law 
                enforcement data.
            ``(2) Data collection grants.--
                    ``(A) Authorization.--The Secretary is authorized 
                to award grants to States to improve data collection 
                activities relating to elder abuse, neglect, and 
                exploitation.
                    ``(B) Application.--To be eligible to receive a 
                grant under this paragraph, a State shall submit an 
                application to the Secretary at such time, in such 
                manner, and containing such information as the 
                Secretary may require.
                    ``(C) Requirements.--Each State receiving a grant 
                under this paragraph for a fiscal year shall report 
                data for the calendar year that begins during that 
                fiscal year, using the national data reporting forms 
                described in paragraph (1).
                    ``(D) Funding.--
                            ``(i) First year.--For the first fiscal 
                        year for which a State receives grant funds 
                        under this subsection the Secretary shall 
                        initially distribute 50 percent of such funds. 
                        The Secretary shall distribute the remaining 
                        funds at the end of the calendar year that 
                        begins during that fiscal year, if the 
                        Secretary determines that the State has 
                        properly reported data required under this 
                        subsection for the calendar year.
                            ``(ii) Subsequent years.--Except as 
                        provided in clause (i), the Secretary shall 
                        distribute grant funds to a State under this 
                        subsection for a fiscal year if the Secretary 
                        determines that the State properly reported 
                        data required under this subsection for the 
                        calendar year that ends during that fiscal 
                        year.
            ``(3) Required information.--Each report submitted under 
        this subsection shall--
                    ``(A) indicate the State and year in which each 
                event occurred; and
                    ``(B) identify the total number of events that 
                occurred in each State during the year and the type of 
                each event.
    ``(e) Report.--Not later than 1 year after the date of enactment of 
the John Breaux Elder Justice Act and annually thereafter, the 
Secretary shall prepare and submit to the appropriate committees of 
Congress, including to the Committee on Finance and the Special 
Committee on Aging of the Senate, a report regarding activities 
conducted under this section.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) for fiscal year 2006, $10,000,000;
            ``(2) for fiscal year 2007, $30,000,000; and
            ``(3) for each of fiscal years 2008 and 2009, $100,000,000.

``SEC. 2222. LONG-TERM CARE CONSUMER CLEARINGHOUSE.

    ``(a) Establishment.--The Secretary shall establish a long-term 
care consumer clearinghouse.
    ``(b) Information.--The clearinghouse shall provide comprehensive 
detailed information, in a consumer-friendly form, to consumers about 
choices relating to long-term care providers, such as information 
about--
            ``(1) obtaining the services of, and employing, caregivers 
        who provide long-term care at an individual's home; and
            ``(2) options for residential long-term care, such as--
                    ``(A)(i) the type of care provided by nursing 
                facilities; and
                    ``(ii) the type of care provided by group homes and 
                other residential long-term care facilities that are 
                not nursing facilities;
                    ``(B) the benefits available through the programs 
                carried out under titles XVIII and XIX; and
                    ``(C) links to Federal and State websites that 
                describe the care available through specific long-term 
                care facilities, including data on the satisfaction 
                level of residents of, and families of residents of, 
                the facilities.
    ``(c) Providers.--In providing information on long-term care 
providers under this section, the clearinghouse shall provide 
information (from States and other sources) on assisted living 
facilities, board and care facilities, congregate care facilities, home 
health care providers, and other long-term care providers.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) for fiscal year 2006, $2,000,000;
            ``(2) for fiscal year 2007, $3,000,000; and
            ``(3) for each of fiscal years 2008 and 2009, $4,000,000.

``SEC. 2223. CONSUMER INFORMATION ABOUT THE CONTINUUM OF RESIDENTIAL 
              LONG-TERM CARE FACILITIES.

    ``(a) Study.--
            ``(1) In general.--The Secretary, after consultation with 
        the Attorney General, shall, directly or through a grant, 
        conduct a study on consumer concerns relating to residential 
        long-term care facilities, other than nursing facilities.
            ``(2) Specific topics.--The entity conducting the study 
        shall--
                    ``(A) develop definitions for classes of the 
                residential long-term care facilities described in 
                paragraph (1); and
                    ``(B) collect information on the prices of, level 
                of services provided by, oversight and enforcement 
                provisions of, and admission and discharge criteria of, 
                the facilities.
    ``(b) Report.--The Secretary shall prepare a report containing the 
results of the study, and submit the report to the Elder Justice 
Coordinating Council and all the appropriate committees of Congress, 
including the Committee on Ways and Means of the House of 
Representatives, and the Committee on Finance and the Special Committee 
on Aging of the Senate.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, for each of fiscal years 2006 
through 2009, $3,000,000.

``SEC. 2224. PROVISION OF INFORMATION REGARDING, AND EVALUATIONS OF, 
              ELDER JUSTICE PROGRAMS.

    ``(a) Provision of Information.--To be eligible to receive a grant 
under this title, an applicant shall agree--
            ``(1) except as provided in paragraph (2), to provide the 
        eligible entity conducting an evaluation under subsection (b) 
        of the activities funded through the grant with such 
        information as the eligible entity may require in order to 
        conduct such evaluation; or
            ``(2) in the case of an applicant for a grant under section 
        2211(b), to provide the Secretary with such information as the 
        Secretary may require to conduct an evaluation or audit under 
        subsection (c).
    ``(b) Use of Eligible Entities To Conduct Evaluations.--
            ``(1) Evaluations required.--Except as provided in 
        paragraph (2), the Secretary shall--
                    ``(A) reserve a portion of the funds appropriated 
                with respect to each program carried out under this 
                title; and
                    ``(B) use the funds reserved under subparagraph (A) 
                to provide assistance to eligible entities to conduct 
                evaluations of the activities funded under each program 
                carried out under this title.
            ``(2) Informatics systems grant program not included.--The 
        provisions of this subsection shall not apply to the 
        informatics systems grant program under section 2211(b).
            ``(3) Authorized activities.--A recipient of assistance 
        described in paragraph (1)(B) shall use the funds made 
        available through the assistance to conduct a validated 
        evaluation of the effectiveness of the activities funded under 
        a program carried out under this title.
            ``(4) Applications.--To be eligible to receive assistance 
        under paragraph (1)(B), an entity shall submit an application 
        to the Secretary at such time, in such manner, and containing 
        such information as the Secretary may require, including a 
        proposal for the evaluation.
            ``(5) Reports.--Not later than a date specified by the 
        Secretary, an eligible entity receiving assistance under 
        paragraph (1)(B) shall submit to the Secretary and the 
        appropriate committees of Congress a report containing the 
        results of the evaluation conducted using such assistance 
        together with such recommendations as the entity determines to 
        be appropriate.
    ``(c) Evaluations and Audits of Informatics Systems Grant Program 
by the Secretary.--
            ``(1) Evaluations.--The Secretary shall conduct an 
        evaluation of the activities funded under the informatics 
        systems grant program under section 2211(b). Such evaluation 
        shall include an evaluation of whether the funding provided 
        under the grant is expended only for the purposes for which it 
        is made.
            ``(2) Audits.--The Secretary shall conduct appropriate 
        audits of grants made under section 2211(b).''.
    (b) Long-Term Care Facilities.--Part A of title XI of the Social 
Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end 
the following new sections:

``reporting to law enforcement of crimes occurring in federally funded 
                       long-term care facilities

    ``Sec. 1150A. (a) Determination and Notification.--
            ``(1) Determination.--The owner or operator of each long-
        term care facility that receives Federal funds shall annually 
        determine whether the facility received at least $10,000 in 
        Federal funds during the preceding year.
            ``(2) Notification.--If the owner or operator determines 
        under paragraph (1) that the facility received at least $10,000 
        in Federal funds during the preceding year, such owner or 
        operator shall annually notify each covered individual (as 
        defined in paragraph (3)) of that individual's obligation to 
        comply with the reporting requirements described in subsection 
        (b).
            ``(3) Covered individual defined.--In this section, the 
        term `covered individual' means each individual who is an 
        owner, operator, employee, manager, agent, or contractor of a 
        long-term care facility that is the subject of a determination 
        described in paragraph (2).
    ``(b) Reporting Requirements.--
            ``(1) In general.--Each covered individual shall report to 
        the Secretary and 1 or more law enforcement entities for the 
        political subdivision in which the facility is located any 
        reasonable suspicion of a crime (as defined by the law of the 
        applicable political subdivision) against any person who is a 
        resident of or receiving care from the facility.
            ``(2) Timing.--If the events that cause the suspicion--
                    ``(A) result in serious bodily injury, the 
                individual shall report the suspicion immediately, but 
                not later than 2 hours after forming the suspicion; and
                    ``(B) do not result in serious bodily injury, the 
                individual shall report the suspicion not later than 24 
                hours after forming the suspicion.
    ``(c) Penalties.--
            ``(1) In general.--If a covered individual violates 
        subsection (b)--
                    ``(A) the individual shall be subject to a civil 
                money penalty of not more than $200,000; or
                    ``(B) the Secretary shall classify the individual 
                as an excluded individual, for a period of not more 
                than 3 years.
            ``(2) Increased harm.--If a covered individual violates 
        subsection (b) and the violation exacerbates the harm to the 
        victim of the crime or results in harm to another person--
                    ``(A) the individual shall be subject to a civil 
                money penalty of not more than $300,000; and
                    ``(B) the Secretary shall classify the individual 
                as an excluded individual, for a period of not more 
                than 3 years.
            ``(3) Excluded individual.--During any period for which an 
        individual is classified as an excluded individual under 
        paragraph (1)(B) or (2)(B), a long-term care facility that 
        employs the individual shall be ineligible to receive Federal 
        funds.
            ``(4) Extenuating circumstances.--
                    ``(A) In general.--The Secretary may take into 
                account the financial burden on providers with 
                underserved populations in determining any penalty to 
                be imposed under this subsection.
                    ``(B) Underserved population defined.--In this 
                paragraph, the term `underserved population' means the 
                population of an area designated by the Secretary as an 
                area with a shortage of elder justice programs or a 
                population group designated by the Secretary as having 
                a shortage of such programs. Such areas or groups 
                designated by the Secretary may include--
                            ``(i) areas or groups that are 
                        geographically isolated (such as isolated in a 
                        rural area);
                            ``(ii) racial and ethnic minority 
                        populations; and
                            ``(iii) populations underserved because of 
                        special needs (such as language barriers, 
                        disabilities, alien status, or age).
    ``(d) Additional Penalties for Retaliation.--
            ``(1) In general.--A long-term care facility may not--
                    ``(A) discharge, demote, suspend, threaten, harass, 
                or deny a promotion or other employment-related benefit 
                to an employee, or in any other manner discriminate 
                against an employee in the terms and conditions of 
                employment because of lawful acts done by the employee; 
                or
                    ``(B) file a complaint or a report against a nurse 
                with the appropriate State professional disciplinary 
                agency because of lawful acts done by the nurse,
        for making a report, causing a report to be made, or for taking 
        steps in furtherance of making a report pursuant to subsection 
        (b)(1).
            ``(2) Penalties for retaliation.--If a long-term care 
        facility violates subparagraph (A) or (B) of paragraph (1) the 
        facility shall be subject to a civil money penalty of not more 
        than $200,000 or the Secretary may classify the entity as an 
        excluded entity for a period of 2 years pursuant to section 
        1128(b), or both.
            ``(3) Requirement to post notice.--Each long-term care 
        facility shall post conspicuously in an appropriate location a 
        sign (in a form specified by the Secretary) specifying rights 
        of employees under this section. Such sign shall include a 
        statement that an employee may file a complaint with the 
        Secretary against a long-term care facility that violates the 
        provisions of this subsection and information with respect to 
        the manner of filing such a complaint.
    ``(e) Definitions.--In this section:
            ``(1) Elder justice; long-term care facility.--The terms 
        `elder justice' and `long-term care facility' have the meanings 
        given the terms in section 2200.
            ``(2) Law enforcement.--The term `law enforcement' means 
        police or sheriffs.

  ``ensuring safety of residents when federally funded long-term care 
                            facilities close

    ``Sec. 1150B. (a) Notification of Facility Closure.--If the owner 
or operator determines under section 1150A(a)(1) that a long-term care 
facility received at least $10,000 in Federal funds during the 
preceding year, the owner or operator of the facility shall--
            ``(1) submit to the Secretary and the appropriate State 
        regulatory agency written notification of an impending closure 
        not later than the date that is 60 days prior to the date of 
        such closure;
            ``(2) include in the notice a plan for the transfer and 
        adequate relocation of the residents prior to closure, 
        including assurances that residents will not be transferred to 
        facilities providing substandard care for which administrative 
        or law enforcement action is pending; and
            ``(3) not later than 10 days after the facility closure, 
        submit to the Secretary and the appropriate State agency 
        information identifying where residents of the closed facility 
        were transferred and on what date.
    ``(b) Sanctions.--Any person owning a long-term care facility that 
fails to comply with the requirements of subsection (a) shall be 
subject to--
            ``(1) a civil monetary penalty of up to $1,000,000;
            ``(2) exclusion from participation in the programs under 
        this Act (in accordance with the procedures of section 1128); 
        and
            ``(3) any other applicable civil monetary penalties and 
        assessments.
    ``(c) Procedure.--A civil monetary penalty or assessment authorized 
under subsection (b) shall be imposed against a person in the same 
manner as a civil monetary penalty or assessment is imposed under 
section 1128A.
    ``(d) Definition.--In this section, the term `long-term care 
facility' has the meaning given the term in section 2200.''.

                    TITLE II--DEPARTMENT OF JUSTICE

SEC. 201. VICTIM ADVOCACY GRANTS.

    (a) Grants Authorized.--The Attorney General, after consultation 
with the Secretary, may award grants to eligible entities to study the 
special needs of victims of elder abuse, neglect, and exploitation.
    (b) Authorized Activities.--Funds awarded pursuant to subsection 
(a) shall be used for pilot programs through which the eligible 
entities develop programs, provide training to health care, social and 
protective services providers, law enforcement, fiduciaries including 
guardians, judges and court personnel, and victim advocates, and 
examine special approaches, designed to meet the needs of victims of 
elder abuse, neglect, and exploitation.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) for fiscal year 2006, $2,500,000; and
            (2) for each of fiscal years 2007 through 2009, $3,000,000.

SEC. 202. SUPPORTING STATE AND LOCAL PROSECUTORS IN ELDER JUSTICE 
              MATTERS.

    (a) Grants Authorized.--The Attorney General, after consultation 
with the Secretary, shall award grants to eligible entities to provide 
training, technical assistance, policy development, multidisciplinary 
coordination, and other types of support to State and local prosecutors 
handling elder justice-related cases, including funding the creation of 
a Center for the Prosecution of Elder Abuse, Neglect, and Exploitation 
by the American Prosecutor Research Institute of the National District 
Attorneys Association, or another similarly situated entity, to advise 
and support local prosecutors nationwide in their pursuit of cases 
involving elder abuse, neglect, and exploitation.
    (b) Duties.--The Center created under subsection (a) shall, among 
other things--
            (1) coordinate activities with experts in the areas of 
        elder abuse, neglect, and exploitation;
            (2) coordinate activities with the Advisory Board 
        established by section 2202 of the Social Security Act; and
            (3) provide local prosecutors and personnel assisting such 
        prosecutors with multidisciplinary teams, and training, 
        technical assistance, and input, in the handling, prevention, 
        and prosecution of, and special circumstances surrounding, 
        elder abuse, neglect, and exploitation.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) for fiscal year 2006, $6,000,000; and
            (2) for each of fiscal years 2007 through 2009, $8,000,000.

SEC. 203. SUPPORTING FEDERAL CASES INVOLVING ELDER JUSTICE.

    (a) Support and Assistance.--
            (1) Additional staff.--The Attorney General shall hire 
        additional Federal prosecutors, and make funding available to 
        Federal prosecutors to enter into contracts with nurse 
        investigators or other experts, needed to identify, assist 
        with, or pursue cases relating to elder justice.
            (2) Resource group.--The Attorney General may fund, through 
        the Executive Office for United States Attorneys, a resource 
        group to assist prosecutors throughout the Nation in pursuing 
        failure of care and other cases relating to elder justice 
        matters.
    (b) Office of Inspector General.--The Office of Inspector General 
of the Department of Health and Human Services shall enter into 
contracts with nurse investigators and other experts to investigate and 
pursue failure of care allegations.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) for fiscal year 2006, $3,250,000; and
            (2) for each of fiscal years 2007 through 2009, $4,500,000.

SEC. 204. SUPPORTING LAW ENFORCEMENT IN ELDER JUSTICE MATTERS.

    (a) Grants Authorized.--The Attorney General shall, after 
consultation with the Secretary, award grants to eligible entities to 
provide training, technical assistance, multidisciplinary coordination, 
policy development, and other types of support to police, sheriffs, 
detectives, public safety officers, corrections personnel, and other 
front line law enforcement responders who handle elder justice-related 
matters.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) for fiscal year 2006, $6,000,000; and
            (2) for each of fiscal years 2007 through 2009, $8,000,000.

SEC. 205. ESTABLISHMENT AND SUPPORT OF ELDER ABUSE, NEGLECT, AND 
              EXPLOITATION FORENSIC CENTERS.

    (a) Grants Authorized.--The Attorney General shall make grants to 
eligible entities to establish and operate stationary and mobile 
forensic centers, to develop forensic expertise regarding, and provide 
services relating to, elder abuse, neglect, and exploitation.
    (b) Stationary forensic centers.--The Attorney General shall make 4 
of the grants described in subsection (a) to institutions of higher 
education with demonstrated expertise in forensics or commitment to 
preventing or treating elder abuse, neglect, or exploitation, to 
establish and operate stationary forensic centers.
    (c) Mobile centers.--The Attorney General shall make 6 of the 
grants described in subsection (a) to appropriate entities to establish 
and operate mobile forensic centers.
    (d) Authorized Activities.--
            (1) Development of forensic markers and methodologies.--An 
        eligible entity that receives a grant under this section shall 
        use funds made available through the grant to assist in 
        determining whether abuse, neglect, or exploitation occurred 
        and whether a crime was committed and to conduct research to 
        describe and disseminate information on--
                    (A) forensic markers that indicate a case in which 
                elder abuse, neglect, or exploitation may have 
                occurred; and
                    (B) methodologies for determining, in such a case, 
                when and how health care, emergency service, social and 
                protective services, and legal service providers should 
                intervene and when the providers should report the case 
                to law enforcement authorities.
            (2) Applications.--An eligible entity that receives a grant 
        under this section shall use funds made available through the 
        grant to develop forensic expertise regarding elder abuse, 
        neglect, and exploitation in order to provide medical and 
        forensic evaluation, therapeutic intervention, victim support 
        and advocacy, case review, and case tracking.
            (3) Collection of evidence.--The Attorney General, in 
        coordination with the Secretary, shall use data made available 
        by grant recipients under this section to develop the capacity 
        of law enforcement and geriatric health care professionals to 
        collect forensic evidence, including collecting forensic 
        evidence relating to a potential determination of elder abuse, 
        neglect, or exploitation.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) for fiscal year 2006, $4,000,000;
            (2) for fiscal year 2007, $6,000,000; and
            (3) for each of fiscal years 2008 and 2009, $8,000,000.

SEC. 206. MODEL STATE LAWS AND PRACTICES.

    (a) In General.--The Attorney General, after consultation with the 
Secretary, shall--
            (1)(A) conduct a study of State laws and practices relating 
        to elder abuse, neglect, and exploitation; and
            (B) prepare and publish a report or periodic reports 
        containing the findings of the study; and
            (2) not later than 2 years after the date of enactment of 
        the John Breaux Elder Justice Act, prepare and submit to the 
        chairpersons and ranking members of all the appropriate 
        committees of Congress, including the chairperson and ranking 
        member of the Special Committee on Aging of the Senate and the 
        chairperson and ranking member of the Committee on the 
        Judiciary of the Senate, and the Speaker and minority leader of 
        the House of Representatives a report that provides--
                    (A) a comprehensive description and comparative 
                analysis of the State laws and practices; and
                    (B) recommended models for State laws and practices 
                based on an analysis of the most effective of the State 
                laws and practices, including recommendations with 
                respect to the definitions referred to in subsection 
                (b)(1).
    (b) State Laws and Practices.--Each report published or submitted 
under subsection (a) shall examine State laws and practices described 
in such subsection and address the following issues with respect to 
such laws and practices:
            (1) Definitions of ``elder'', ``abuse'', ``neglect'', and 
        ``exploitation'', and related terms.
            (2) Issues relating to mandatory reporting laws, with 
        respect to--
                    (A) who is a mandated reporter;
                    (B) to whom must the reporter report and within 
                what timeframe; and
                    (C) any consequences for nonreporting.
            (3) Evidentiary, procedural, sentencing, choice of 
        remedies, and data retention issues relating to pursuing cases 
        relating to elder abuse, neglect, and exploitation.
            (4) Issues relating to laws requiring immediate reporting 
        of all nursing home deaths to the county coroner or to some 
        other individual or entity.
            (5) Issues relating to fiduciary laws, including 
        guardianship and power of attorney laws.
            (6) Issues relating to laws that permit or encourage banks 
        and bank employees to prevent and report suspected elder abuse, 
        neglect, and exploitation.
            (7) Issues relating to laws that may impede research on 
        elder abuse, neglect, and exploitation.
            (8) Practices relating to the enforcement of laws relating 
        to elder abuse, neglect, and exploitation.
            (9) Practices relating to other aspects of elder justice.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) for fiscal year 2006, $2,500,000; and
            (2) for each of fiscal years 2007 through 2009, $3,000,000.

SEC. 207. PROVISION OF INFORMATION REGARDING, AND EVALUATIONS OF, 
              DEPARTMENT OF JUSTICE ELDER JUSTICE PROGRAMS.

    (a) Provision of Information.--To be eligible to receive assistance 
under this title, an applicant shall agree to provide the eligible 
entity conducting an evaluation under subsection (b) of the activities 
funded through the assistance with such information as the eligible 
entity may require in order to conduct such evaluation.
    (b) Use of Eligible Entities To Conduct Evaluations.--
            (1) Evaluations required.--The Attorney General shall--
                    (A) reserve a portion of the funds appropriated 
                with respect to each program carried out under this 
                title; and
                    (B) use the funds reserved under subparagraph (A) 
                to provide assistance to eligible entities to conduct 
                evaluations of the activities funded under each program 
                carried out under this title.
            (2) Authorized activities.--A recipient of assistance 
        described in paragraph (1)(B) shall use the funds made 
        available through the assistance to conduct a validated 
        evaluation of the effectiveness of the activities funded under 
        a program carried out under this title.
            (3) Applications.--To be eligible to receive assistance 
        under paragraph (1)(B), an entity shall submit an application 
        to the Attorney General at such time, in such manner, and 
        containing such information as the Attorney General may 
        require, including a proposal for the evaluation.
            (4) Reports.--Not later than a date specified by the 
        Attorney General, an eligible entity receiving assistance under 
        paragraph (1)(B) shall submit to the Attorney General and the 
        appropriate committees of Congress a report containing the 
        results of the evaluation conducted using such assistance 
        together with such recommendations as the entity determines to 
        be appropriate.
            The title is amended to read as follows: ``A bill to amend 
        the Social Security Act to enhance the social security of the 
        Nation by ensuring adequate public-private infrastructure and 
        resolve to prevent, detect, treat, intervene in, and prosecute 
        elder abuse, neglect, and exploitation, and for other 
        purposes.''.




                                                       Calendar No. 740

108th CONGRESS

  2d Session

                                 S. 333

_______________________________________________________________________

                                 A BILL

           To promote elder justice, and for other purposes.

_______________________________________________________________________

                           September 28, 2004

                       Reported with an amendment