[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4993 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4993

To amend the Social Security Act to enhance the Social Security of the 
   Nation by ensuring adequate public-private infrastructure and to 
 resolve to prevent, detect, treat, intervene in, and prosecute elder 
       abuse, neglect, and exploitation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2006

Mr. King of New York (for himself, Mr. Emanuel, Mr. McHugh, Mr. Lantos, 
 Mrs. Maloney, Ms. Schakowsky, Mr. Kind, Ms. Baldwin, Mrs. Napolitano, 
  Mr. Stark, Mr. Van Hollen, Mr. Weiner, Mr. Oberstar, Mr. Owens, Mr. 
  Grijalva, Mr. Moran of Virginia, Mr. Doggett, Mr. Kennedy of Rhode 
     Island, Mr. Delahunt, Mr. McNulty, Mr. Towns, and Mr. Rangel) 
 introduced the following bill; which was referred to the Committee on 
  Ways and Means, and in addition to the Committees on the Judiciary, 
 Energy and Commerce, and Education and the Workforce, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Social Security Act to enhance the Social Security of the 
   Nation by ensuring adequate public-private infrastructure and to 
 resolve to prevent, detect, treat, intervene in, and prosecute elder 
       abuse, neglect, and exploitation, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

Sec. 101. Amendment to the Social Security Act.
Sec. 102. Supporting the long-term care ombudsman program.
Sec. 103. Adult protective services functions and grant programs.
Sec. 104. Assuring safety of residents when nursing facilities close.
Sec. 105. National nurse aide registry.
Sec. 106. Background checks on direct access employees of long-term 
                            care facilities or providers.
                    TITLE II--DEPARTMENT OF JUSTICE

Sec. 201. Model State laws and practices.
Sec. 202. Office of Elder Justice of the Department of Justice.
Sec. 203. Victim advocacy grants.
Sec. 204. Supporting local prosecutors in elder justice matters.
Sec. 205. Supporting state prosecutors in elder justice matters.
Sec. 206. Increased support for federal cases involving elder justice.
Sec. 207. Supporting law enforcement in elder justice matters.
Sec. 208. Evaluations.
                       TITLE III--TAX PROVISIONS

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

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 to die at an earlier age than 
        expected than elders who were not victims of elder abuse, 
        neglect, and exploitation.
            (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 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.
            (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 directly dealing with these 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 and vulnerable adult 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 adults' right to self-determination 
                with society's responsibility to protect elders and 
                vulnerable adults.
            (14) The human, social, and economic cost of elder abuse, 
        neglect, and exploitation is high and includes unnecessary 
        expenditures of medicare and medicaid funds.
            (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 the national problem of 
        elder abuse, neglect, and exploitation.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:
            (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.
            (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 
        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.
            (3) To bring a comprehensive multi-disciplinary approach to 
        elder justice.
            (4) To set in motion research and data collection to fill 
        gaps in knowledge about elder abuse, neglect, and exploitation.
            (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.
            (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.
            (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.
            (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.
            (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.
            (10) To promote collaborative efforts and diminish overlap 
        and gaps in efforts in developing the important field of elder 
        justice.

            TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES

SEC. 101. AMENDMENT TO THE SOCIAL SECURITY ACT.

    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. 2201. 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 includes 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 a 
        caregiver 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) Granting authority.--The term `granting authority' 
        means the Secretary, the Attorney General, or the Secretary and 
        the Attorney General jointly, as appropriate.
            ``(12) 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 surrogate 
                decision maker;
                    ``(B) the manner in which the court-appointed 
                surrogate carries out duties to the individual and the 
                court; or
                    ``(C) the manner in which the court exercises 
                oversight of the surrogate.
            ``(13) Indian.--The term `Indian' means a person who is a 
        member of an Indian tribe.
            ``(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.
            ``(15) Knowingly.--The term `knowingly' has the meaning 
        given such term in section 3729(b) of title 31, United States 
        Code.
            ``(16) 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.
            ``(17) 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.
            ``(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.
            ``(19) 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.
            ``(20) Nursing facility.--The term `nursing facility' has 
        the meaning given such term under section 1919(a).
            ``(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--
                    ``(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.
            ``(22) 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 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.
            ``(23) Social.--The term `social', when used with respect 
        to a service, includes adult protective services.
            ``(24) State.--The term `State' means any of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the United States, the Virgin Islands, Guam, American 
        Samoa, and the Commonwealth of the Mariana Islands.
            ``(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.
            ``(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--
                    ``(A) areas or groups that are geographically 
                isolated (such as isolated in a rural area);
                    ``(B) racial and ethnic minority populations; and
                    ``(C) populations underserved because of special 
                needs (such as language barriers, disabilities, alien 
                status, or age).

               ``Subtitle A--Federal Elder Justice System

``SEC. 2211. OFFICE OF ELDER JUSTICE OF THE DEPARTMENT OF HEALTH AND 
              HUMAN SERVICES.

    ``(a) Establishment.--There is established within the Department of 
Health and Human Services under the Assistant Secretary for Aging an 
Office of Elder Justice.
    ``(b) Director.--
            ``(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.
            ``(2) Duties.--The Director of the Office of Elder Justice 
        shall--
                    ``(A)(i) develop objectives, priorities, policies, 
                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;
                    ``(ii) implement the overall policies and a 
                strategy to carry out the plan described in clause (i); 
                and
                    ``(iii) hire personnel to assist the director in 
                carrying out the policies, programs, and administrative 
                activities related to the duties under clauses (i) and 
                (ii); and
                    ``(B) provide advice to the Secretary on elder 
                justice issues.
            ``(3) Reporting relationship.--The Director of the Office 
        of Elder Justice shall report to the Assistant Secretary for 
        Aging.
            ``(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.

``SEC. 2212. 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 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 1 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. 2213. 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 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, and the Elder Justice Coordinating Council 
established under section 2212.
    ``(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 the general public who are 
individuals with experience and expertise in elder abuse, neglect, and 
exploitation prevention, intervention, treatment, detection, or 
prosecution.
    ``(d) Vacancies.--
            ``(1) 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.
            ``(2) Filling unexpired term.--An individual chosen to fill 
        a vacancy shall be appointed for the unexpired term of the 
        member replaced.
    ``(e) Election of Officers.--The advisory board shall elect a 
chairperson and vice chairperson from among the members. The advisory 
board shall elect its initial chairperson and vice chairperson at its 
initial meeting.
    ``(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--
            ``(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, including the development of State 
                interdisciplinary guardianship committees;
            ``(3) recommendations for specific modifications to 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;
            ``(4) recommendations 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 
        elder justice area.
    ``(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 
        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.
            ``(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, 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.
    ``(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.
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this subsection--
            ``(1) $6,000,000 for fiscal year 2007; and
            ``(2) $7,500,000 for each of fiscal years 2008 through 
        2013.

           ``Subtitle B--Activities to Promote Elder Justice

``SEC. 2221. DATA COLLECTION AND DISSEMINATION.

    ``(a) Elder Justice Resource Center.--
            ``(1) Establishment.--The Secretary, after consultation 
        with the Attorney General, shall establish within the Office of 
        Elder Justice, 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.
            ``(2) Duties.--The Center shall--
                    ``(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;
                    ``(B) provide, in a user-friendly manner, 
                information on--
                            ``(i) ways to promote autonomy in the face 
                        of aging or diminishing capacity and mobility;
                            ``(ii) how to avoid becoming a victim of 
                        elder abuse, neglect, or exploitation; and
                            ``(iii) advance planning and how to avoid 
                        the need for a fiduciary;
                    ``(C) provide links and references to other sources 
                of information;
                    ``(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;
                    ``(E) solicit public comment and comment from the 
                advisory board established under section 2213 on the 
                activities of the Center;
                    ``(F) establish a toll-free number for information 
                and referrals;
                    ``(G) coordinate activities with resource centers 
                and clearinghouses on elder justice topics; and
                    ``(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.
            ``(3) Coordination of available resources.--In establishing 
        the Center under this subsection the Secretary, after 
        consultation with the Attorney General, shall--
                    ``(A) consult with other Federal agencies that 
                operate similar resource centers;
                    ``(B) consult with private entities that operate 
                resource centers or clearinghouses on elder justice-
                related topics;
                    ``(C) consult with the head of each agency 
                participating in the Elder Justice Coordinating Council 
                established under section 2212, 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
                    ``(D) solicit public comment on the components of 
                such Center.
            ``(4) National elder justice library.--
                    ``(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--
                            ``(i) brochures and pamphlets;
                            ``(ii) video and computer-based resources;
                            ``(iii) books; and
                            ``(iv) training materials.
                    ``(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.
                    ``(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.
                    ``(D) Duties.--
                            ``(i) Additional materials.--The Library 
                        shall--
                                    ``(I) collect data on materials 
                                that would be appropriate for such 
                                library;
                                    ``(II) make efforts to identify and 
                                obtain appropriate materials; and
                                    ``(III) identify and obtain 
                                materials relating to effective methods 
                                of conducting training and providing 
                                technical assistance relating to elder 
                                justice, including conducting training 
                                and providing assistance for 
                                underserved populations.
                            ``(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.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
                    ``(A) $4,000,000 for fiscal year 2007;
                    ``(B) $5,000,000 for fiscal year 2008; and
                    ``(C) $6,000,000 for each of fiscal years 2009 
                through 2013.
    ``(b) Collection of Uniform National Data on Elder Abuse, Neglect, 
and Exploitation.--
            ``(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.
            ``(2) Phase i.--
                    ``(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--
                            ``(i) develop a method for collecting 
                        national data regarding elder abuse, neglect, 
                        and exploitation; and
                            ``(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--
                                    ``(I) the distinct manner in which 
                                each discipline receives and maintains 
                                information; and
                                    ``(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.
                    ``(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.
            ``(3) Phase ii.--
                    ``(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.
                    ``(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.
            ``(4) Phase iii.--
                    ``(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--
                            ``(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
                            ``(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.
                    ``(B) Data collection grants.--
                            ``(i) Authorization.--The Director is 
                        authorized to award grants to States to improve 
                        data collection activities relating to elder 
                        abuse, neglect, and exploitation.
                            ``(ii) Application.--To be eligible to 
                        receive a grant under this subparagraph, a 
                        State shall submit to the Director an 
                        application at such time, in such manner, and 
                        containing such information as the Director may 
                        require.
                            ``(iii) 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).
                            ``(iv) Funding.--
                                    ``(I) First year.--For the first 
                                fiscal year in 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 subclause (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.
                    ``(C) Required information.--Each report submitted 
                under this paragraph shall--
                            ``(i) indicate the State and year in which 
                        each event occurred; and
                            ``(ii) identify--
                                    ``(I) the total number of events 
                                that occurred in each State during the 
                                year; and
                                    ``(II) the type of each event.
            ``(5) Report.--Not later than 1 year after the date of 
        enactment of the Elder Justice Act and annually thereafter, the 
        Secretary shall prepare and submit to the appropriate 
        committees of Congress, including to the Special Committee on 
        Aging and the Finance Committee of the Senate, a report 
        regarding activities conducted under this section.
            ``(6) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
                    ``(A) $10,000,000 for fiscal year 2007;
                    ``(B) $30,000,000 for fiscal year 2008; and
                    ``(C) $100,000,000 for each of fiscal years 2009 
                through 2013.

``SEC. 2222. ENHANCING RESEARCH AND TRAINING AND STRENGTHENING 
              SERVICES, SYSTEMS, AND PREVENTION.

    ``(a) General Grants and Centers of Excellence.--
            ``(1) General 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--
                    ``(A) physical, psychological, and emotional abuse 
                and neglect by family and other in-home caregivers;
                    ``(B) physical, psychological, and emotional abuse 
                and neglect of residents in institutional and other 
                residential care facilities;
                    ``(C) elder sexual abuse;
                    ``(D) domestic violence in later life;
                    ``(E) financial fraud and exploitation; and
                    ``(F) self-neglect.
            ``(2) Centers of excellence.--
                    ``(A) 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 2213, 
                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.
                    ``(B) Authorized activities.--The Centers of 
                Excellence established with funds provided under 
                subparagraph (A) shall conduct the following 
                activities:
                            ``(i) 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.
                            ``(ii) 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 conducted under this title.
                            ``(iii) 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.
                    ``(C) Additional activities.--The Centers of 
                Excellence established under subparagraph (A) may 
                conduct activities including the following:
                            ``(i) Carrying out a study to determine the 
                        national incidence and prevalence of elder 
                        abuse, neglect, and exploitation in all 
                        settings.
                            ``(ii) 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--
                                    ``(I) a screening tool to determine 
                                whether a particular elder is at risk 
                                for becoming, or is, a victim of elder 
                                abuse, neglect, or exploitation;
                                    ``(II) a screening tool to measure 
                                whether caregivers are at risk of 
                                committing elder abuse, neglect, or 
                                exploitation;
                                    ``(III) a screening tool to measure 
                                whether families are at risk for elder 
                                abuse, neglect, and exploitation; and
                                    ``(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.
                            ``(iii) Carrying out various types of 
                        intervention research.
                            ``(iv) Identifying steps that can be taken 
                        (and replicated) to make homes, neighborhoods, 
                        communities, and facilities safer for elders, 
                        and to enhance elders' sense of security in all 
                        kinds of environments.
                            ``(v) Researching successful fiduciary 
                        practices and systems to enhance the well-being 
                        of persons with diminished capacity.
                    ``(D) Collaboration and access to records.--In 
                awarding a grant under this paragraph the Secretary 
                shall--
                            ``(i) 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
                            ``(ii) 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 paragraph.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated for the purpose of carrying out 
        paragraphs (1) and (2) of this subsection--
                    ``(A) $12,000,000 for fiscal year 2007;
                    ``(B) $20,000,000 for fiscal year 2008; and
                    ``(C) $25,000,000 for each of fiscal years 2009 
                through 2013.
    ``(b) Safe Haven and Legal Advocacy Grants.--
            ``(1) Safe haven grants.--
                    ``(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.
                    ``(B) Authorized activities.--Grant funds awarded 
                pursuant to subparagraph (A) shall be used to establish 
                safe havens that--
                            ``(i) provide a comprehensive, culturally 
                        sensitive, and multidisciplinary team response 
                        to allegations of elder abuse, neglect, or 
                        exploitation;
                            ``(ii) provide a dedicated, elder-friendly 
                        setting;
                            ``(iii) have the capacity to meet the needs 
                        of elders for care; and
                            ``(iv) provide various services including--
                                    ``(I) nursing and forensic 
                                evaluation;
                                    ``(II) therapeutic intervention;
                                    ``(III) victim support and 
                                advocacy; and
                                    ``(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.
            ``(2) Legal advocacy grants.--
                    ``(A) Grants authorized.--The Secretary, after 
                consultation with the Attorney General, may award 
                grants--
                            ``(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
                            ``(ii) to provide assistance for such 
                        services by awarding grants for demonstration 
                        projects in diverse communities.
                    ``(B) Authorized activities.--Grant funds awarded 
                pursuant to subparagraph (A) shall be used to provide--
                            ``(i) court-appointed advocates;
                            ``(ii) authorized fiduciaries, including 
                        public guardians;
                            ``(iii) monitoring and oversight of 
                        fiduciaries;
                            ``(iv) legal services; and
                            ``(v) such other services as the Secretary, 
                        after consultation with the Attorney General, 
                        determines appropriate.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
                    ``(A) $3,000,000 for fiscal year 2007;
                    ``(B) $4,000,000 for fiscal year 2008; and
                    ``(C) $5,000,000 for each of fiscal years 2009 
                through 2013.
    ``(c) Grants To Enhance Volunteer Services.--
            ``(1) Grants.--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.
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
                    ``(A) $1,500,000 for fiscal year 2007;
                    ``(B) $2,000,000 for fiscal year 2008; and
                    ``(C) $2,500,000 for each of fiscal years 2009 
                through 2013.
    ``(d) Multidisciplinary Efforts.--
            ``(1) Grants.--
                    ``(A) In general.--The Secretary may award grants 
                to fund various multidisciplinary elder justice 
                activities, including the following:
                            ``(i) 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.
                            ``(ii) Establishing State coordinating 
                        councils modeled after the national Elder 
                        Justice Coordinating Council established under 
                        section 2212. 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.
                            ``(iii) 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').
                            ``(iv) 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.
                            ``(v) Carrying out such other 
                        interdisciplinary or multidisciplinary efforts 
                        as the Secretary determines to be appropriate.
                    ``(B) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph, $5,000,000 for each of fiscal years 2007 
                through 2013.
            ``(2) Interdisciplinary study.--
                    ``(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 
                interdisciplinary study 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).
                    ``(B) Goal.--The goals of the study described in 
                subparagraph (A) include--
                            ``(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
                            ``(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.
                    ``(C) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph--
                            ``(i) $2,500,000 for fiscal year 2007;
                            ``(ii) $3,000,000 for fiscal year 2008; and
                            ``(iii) $3,500,000 for each of fiscal years 
                        2009 through 2013.
    ``(e) Training Grants.--
            ``(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.
            ``(2) Authorized activities.--
                    ``(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.
                    ``(B) Targeted disciplines.--Groups representing 
                disciplines that will be targeted for training through 
                grants awarded under paragraph (1) include--
                            ``(i) physicians, including geriatricians, 
                        medical residents, interns, and fellows;
                            ``(ii) nurses and nurse's aides, including 
                        geriatric nurse practitioners, directors of 
                        nursing, and Sexual Abuse Nurse Examiners 
                        (SANE) nurses;
                            ``(iii) social workers;
                            ``(iv) public health and safety 
                        professionals, including Emergency Medical 
                        Services professionals;
                            ``(v) therapists, including creative arts, 
                        occupational, speech, and physical therapists;
                            ``(vi) State surveyors of nursing 
                        facilities and other long-term care facilities;
                            ``(vii) staff of long-term care facilities 
                        or hospitals;
                            ``(viii) coroners and funeral home 
                        operators;
                            ``(ix) Federal, State, and local offices 
                        with responsibility for elder justice or long-
                        term care matters;
                            ``(x) employees or contractors of State and 
                        local agencies with responsibility for training 
                        persons who provide adult protective services;
                            ``(xi) State Long-Term Care Ombudsmen;
                            ``(xii) victim advocates and advocates for 
                        elders and individuals with disabilities;
                            ``(xiii) individuals involved in volunteer 
                        organizations (including faith-based 
                        organizations) who are involved in issues of 
                        elder abuse, neglect, and exploitation;
                            ``(xiv) police officers, sheriffs, 
                        detectives, firefighters, Federal and State 
                        investigators, public safety officers, and 
                        corrections personnel;
                            ``(xv) Federal, State, and local 
                        prosecutors, attorneys in private practice 
                        involved in elder justice issues, judges, and 
                        court employees;
                            ``(xvi) federally recognized partnerships 
                        of elders, sheriff departments, and the 
                        American Association of Retired Persons 
                        (commonly referred to as TRIADs);
                            ``(xvii) elder service officers;
                            ``(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;
                            ``(xix) students in professional and 
                        paraprofessional schools, internships, 
                        fellowships, and other training programs in a 
                        relevant profession;
                            ``(xx) fiduciaries, including guardians, 
                        conservators, and agents under powers of 
                        attorney; and
                            ``(xxi) staff and volunteers of domestic 
                        violence and child abuse and neglect programs.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
                    ``(A) $10,000,000 for fiscal year 2007;
                    ``(B) $15,000,000 for fiscal year 2008; and
                    ``(C) $20,000,000 for each of fiscal years 2009 
                through 2013.
    ``(f) Increasing the Number of Health Care Professionals With 
Geriatric Training.--
            ``(1) Increasing the number of health care professionals 
        with geriatric training.--
                    ``(A) In general.--The Secretary shall establish 
                programs to increase--
                            ``(i) 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
                            ``(ii) the number of such professionals who 
                        provide health care related to geriatrics.
                    ``(B) Inclusion of geriatric services as part of 
                obligated service under the public health service 
                act.--For purposes of applying sections 338B and 338C 
                of the Public Health Service Act (42 U.S.C. 254l, 
                254m), the term `obligated service' shall include any 
                period during which an individual who has entered into 
                a written contract with the Secretary under such 
                section 338B (42 U.S.C. 254l) is enrolled and 
                participating in an accredited (as determined by the 
                Secretary) educational program that provides geriatric 
                training. Upon the completion of such training, the 
                individual, after consultation with the Secretary, 
                shall provide geriatric services as appropriate during 
                the remainder of the period of obligated service of 
                such individual.
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
                    ``(A) $2,500,000 for fiscal year 2007; and
                    ``(B) $3,500,000 for each of fiscal years 2008 
                through 2013.
    ``(g) Dementia Training Grants.--
            ``(1) Grants authorized.--The Secretary may award grants to 
        eligible entities to provide training within the health and 
        social science disciplines, as well as cross-training 
        activities that permit individuals in multiple such disciplines 
        to train together, to foster communication, coordinate efforts, 
        and ensure collaboration on best practices in caring for 
        individuals with dementia.
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $5,000,000 for each of fiscal years 2007 through 2013.
    ``(h) Special Needs Grants.--
            ``(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.
            ``(2) Populations included.--The grant funds awarded 
        pursuant to paragraph (1) shall be used to fund programs 
        including the following:
                    ``(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--
                            ``(i) strategies to decrease isolation;
                            ``(ii) training for informal caregivers and 
                        fiduciaries;
                            ``(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;
                            ``(iv) training for volunteers to serve in 
                        rural communities; and
                            ``(v) strategies on the use of advance 
                        planning to avoid the need for a guardian or 
                        other fiduciary.
                    ``(B) Minority populations.--Programs designed to 
                meet the needs of elders in minority populations, 
                including culturally and linguistically appropriate 
                programs.
                    ``(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.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $7,500,000 for each of fiscal years 2007 through 2013.
    ``(i) Public Awareness Grants.--
            ``(1) Grants authorized.--The Secretary and the Attorney 
        General, after consultation with the advisory board established 
        under section 2213 and the coordinating council established 
        under section 2212, 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.
            ``(2) Authorized activities.--Grant funds awarded under 
        paragraph (1) shall be used for activities including the 
        following:
                    ``(A) Raising public awareness regarding financial 
                schemes that target elders.
                    ``(B) Pilot testing the effectiveness of various 
                types of multimedia campaigns in raising awareness 
                about--
                            ``(i) the types of elder abuse, neglect, 
                        and exploitation;
                            ``(ii) steps to take if an individual 
                        suspects elder abuse, neglect, or exploitation 
                        has occurred; and
                            ``(iii) ways to prevent elder abuse, 
                        neglect, or exploitation.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $5,000,000 for each of fiscal years 2007 through 2013.
    ``(j) Elder Justice Innovation Fund.--
            ``(1) In general.--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 related to the identification or prevention 
        of elder abuse, neglect, or exploitation that might not 
        otherwise be funded or pursued in the absence of a grant under 
        this subsection.
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $5,000,000 for each of fiscal years 2007 through 2013.

``SEC. 2223. STUDIES.

    ``(a) Roles of Entities Responding to Elder Abuse, Neglect, and 
Exploitation.--
            ``(1) In general.--The Secretary 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--
                    ``(A) State and local agencies with the 
                responsibility for adult protective services;
                    ``(B) the State Long-Term Care Ombudsmen;
                    ``(C) law enforcement (including prosecutors);
                    ``(D) fiduciaries;
                    ``(E) judges and other court personnel; and
                    ``(F) such other social and protective service, 
                advocacy, and protection organizations as the Secretary 
                and the Attorney General determine to be appropriate.
            ``(2) Goals.--The goals of the study authorized in 
        paragraph (1) (which may be conducted in distinct sections, if 
        there is overall coordination) are--
                    ``(A) to identify gaps in the detection of, 
                investigation of, and intervention in elder abuse, 
                neglect, and exploitation;
                    ``(B) to improve the response to elder abuse, 
                neglect, and exploitation; and
                    ``(C) to reduce elder victimization and its 
                consequences by assessing and improving the systems 
                created to address reports of elder abuse, neglect, and 
                exploitation.
            ``(3) Authorized activities.--In conducting the study 
        authorized in paragraph (1), the Director shall--
                    ``(A) conduct an evaluation of--
                            ``(i) how the social and protective 
                        service, advocacy, protection, judicial, and 
                        law enforcement entities and systems are 
                        operating;
                            ``(ii) the interplay and allocation of 
                        responsibilities among those entities;
                            ``(iii) how that allocation differs from 
                        community to community and State to State; and
                            ``(iv) how those differences impact the 
                        population intended to be protected by the 
                        entities and systems;
                    ``(B) make recommendations on how to clarify the 
                roles (at the Federal 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
                    ``(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).
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $2,000,000 for each of fiscal years 2007 through 2013.
    ``(b) Family Elder Abuse, Neglect, and Exploitation Study.--
            ``(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.
            ``(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.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
                    ``(A) $1,500,000 for fiscal year 2007; and
                    ``(B) $2,000,000 for each of fiscal years 2008 
                through 2013.

``SEC. 2224. FORENSIC MARKERS, METHODOLOGIES, AND TRAINING.

    ``(a) Forensic Centers.--
            ``(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.
            ``(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). Such coordination shall include ongoing 
        communication among the entities and the Centers of Excellence. 
        The entities shall adhere to procedures and mechanisms 
        developed by the Secretary, including procedures and mechanisms 
        relating to the sharing of data.
            ``(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.
            ``(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.
            ``(5) Use of funds.--
                    ``(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, or a crime was committed, 
                and to conduct research to describe and disseminate 
                information on--
                            ``(i) forensic markers that indicate a case 
                        in which elder abuse, neglect, or exploitation 
                        may have occurred; and
                            ``(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.
                    ``(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.
                    ``(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.
            ``(6) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
                    ``(A) $4,000,000 for fiscal year 2007;
                    ``(B) $6,000,000 for fiscal year 2008; and
                    ``(C) $8,000,000 for each of fiscal years 2009 
                through 2013.
    ``(b) Training to Develop Expertise in Geriatric Forensics.--
            ``(1) Fellowship programs.--
                    ``(A) In general.--The Secretary shall award 
                fellowships to eligible individuals, to enable the 
                individuals to obtain training through a standard 
                forensic science training program.
                    ``(B) Eligible individuals.--To be eligible to 
                receive a fellowship under this paragraph, an 
                individual shall be a physician who--
                            ``(i) is board certified or board eligible 
                        in internal medicine or family practice;
                            ``(ii) has completed a program in 
                        geriatrics that meets such criteria as the 
                        Secretary may prescribe; and
                            ``(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).
                    ``(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.
            ``(2) Additional programs.--In addition to the fellowships 
        awarded under paragraph (1), the Secretary shall establish 
        programs, and make grants to carry out such programs, that are 
        designed to provide forensic training to experienced 
        geriatricians.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $5,000,000 for each of fiscal years 2007 through 2013.

 ``Subtitle C--Increasing Security, Quality, and Consumer Information 
                           for Long-Term Care

          ``CHAPTER 1--INCREASING SECURITY FOR LONG-TERM CARE

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

    ``(a) Reporting Requirement.--
            ``(1) In general.--Each individual who is an owner, 
        operator, employee, manager, agent, or contractor of a long-
        term care facility that is described in subsection (b)(1) 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.
            ``(2) Timing.--If the events that cause the suspicion--
                    ``(A) result in serious bodily injury, the 
                individual shall report the suspicion immediately; and
                    ``(B) do not result in serious bodily injury, the 
                individual shall report the suspicion not later than 24 
                hours after forming the suspicion.
    ``(b) Long-Term Care Facility Described.--
            ``(1) Long-term care facility.--A long-term care facility 
        is described in this paragraph if such facility will receive at 
        least $10,000 in Federal funds during a year.
            ``(2) Notification.--In the case of a long-term facility 
        described in paragraph (1), the owner or operator shall 
        annually notify each individual described in subsection (a)(1) 
        of the obligation to comply with subsection(a).
    ``(c) Penalty.--
            ``(1) In general.--If an individual described in subsection 
        (a)(1) violates subsection (a)--
                    ``(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
                    ``(B) the Secretary shall classify the individual 
                as an excluded individual for a period of not more than 
                3 years.
            ``(2) Increased harm.--If an individual described in 
        subsection (a)(1) violates subsection (a), and the violation 
        exacerbates the harm to the victim of the crime or results in 
        harm to another person--
                    ``(A) the individual shall be fined not more than 
                $300,000 or 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 this 
        paragraph, an entity that employs the individual shall be 
        ineligible to receive Federal funds.
            ``(4) Extenuating circumstances.--The Secretary may take 
        into account the financial burden on providers with underserved 
        populations in determining the penalty.
    ``(d) Regulations.--The Secretary, after consulting with the 
Attorney General, shall issue regulations to carry out this section.

          ``CHAPTER 2--IMPROVING THE QUALITY OF LONG-TERM CARE

``SEC. 2241. GRANTS AND INCENTIVES TO ENHANCE LONG-TERM CARE STAFFING.

    ``(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 subsections (b) and (c), to provide incentives for 
individuals to train for, seek, and maintain employment providing 
direct care in a long-term care facility.
    ``(b) Specific Programs To Enhance Training, Recruitment, and 
Retention of Staff.--
            ``(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.
            ``(2) Career ladders and wage or benefit increases to 
        increase staffing in long-term care facilities.--
                    ``(A) In general.--The Administrator shall make 
                grants to eligible entities to carry out programs 
                through which the entities--
                            ``(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
                            ``(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.
                    ``(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.
    ``(c) Specific Programs to Improve Management Practices.--
            ``(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.
            ``(2) Use of funds.--An organization that receives a grant 
        under paragraph (1) shall use funds made available through the 
        grant--
                    ``(A) to provide training and technical assistance 
                regarding management practices for employees that 
                provide direct care in a long-term care facility and 
                that are demonstrated to promote retention of those 
                employees, 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; or
                    ``(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.
            ``(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.
    ``(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.
    ``(e) Accountability Measures.--The Administrator shall develop 
accountability measures to ensure 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 in the 
number of staff and stability in the long-term care workforce.
    ``(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.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2007 through 2013.

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

    ``(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.
    ``(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.
    ``(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.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,500,000 for each of fiscal 
years 2007 through 2013.

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

    ``(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 2213, shall 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.
    ``(b) Use of Funds.--An 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 entity shall submit an application to the Director at such 
time, in such manner, and containing such information as the Director 
may require.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 2007 through 2013.

   ``CHAPTER 3--INCREASING CONSUMER INFORMATION ABOUT LONG-TERM CARE

``SEC. 2251. LONG-TERM CARE CONSUMER CLEARINGHOUSE.

    ``(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.
    ``(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 Web sites and other 
resources that provide 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 of the Social 
                Security Act (42 U.S.C. 1395 et seq.; 1396 et seq.); 
                and
                    ``(C) the care available through specific long-term 
                care facilities, including data on the satisfaction 
                level of residents, 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) $2,000,000 for fiscal year 2007;
            ``(2) $3,000,000 for fiscal year 2008; and
            ``(3) $4,000,000 for each of fiscal years 2009 through 
        2013.

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

    ``(a) Study.--
            ``(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.
            ``(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 Director of the Agency for Healthcare Research 
and Quality shall prepare a report containing the results of the study 
and, not later than the date that is 2 years after the date of 
enactment of the Elder Justice Act, submit the report to the Elder 
Justice Coordinating Council established under section 2212, the 
Committee on Ways and Means of the House of Representatives, and the 
Special Committee on Aging of the Senate.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2007 through 2013.

                 ``Subtitle D--Miscellaneous Provisions

``SEC. 2261. EVALUATIONS.

    ``(a) Grants.--
            ``(1) In general.--In making a grant under a provision of 
        this title, the granting authority shall--
                    ``(A) require the recipient of the grant to--
                            ``(i) reserve a portion of the funds made 
                        available through the grant; and
                            ``(ii) use the reserved funds to conduct an 
                        evaluation of the other activities carried out 
                        through the grant; or
                    ``(B)(i) reserve a portion of the funds available 
                for the grant; and
                    ``(ii) use the reserved funds to provide assistance 
                to an eligible entity to conduct an evaluation of the 
                activities carried out through the grant.
            ``(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).
            ``(3) Applications.--
                    ``(A) Submission.--
                            ``(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.
                            ``(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.
                    ``(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.
    ``(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.
    ``(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.

``SEC. 2262. 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, through the Director of the 
National Institute on Aging, after consultation with the Director of 
the Office for Human Research Protections, shall promulgate guidelines 
to assist researchers working in the area of elder abuse, neglect, and 
exploitation, with issues relating to human subject protections.

``SEC. 2263. REGULATIONS.

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

``SEC. 2264. RULE OF CONSTRUCTION.

    ``Nothing in this title shall be construed to interfere with or 
abridge an elder's right to practice his or her religion through 
reliance on prayer alone for healing when this choice--
            ``(1) is contemporaneously expressed, either orally or in 
        writing, with respect to a specific illness or injury which the 
        elder has at the time of the decision by an elder who is 
        competent at the time of the decision;
            ``(2) is previously set forth in a living will, health care 
        proxy, or other advance directive document that is validly 
        executed and applied under State law; or
            ``(3) may be unambiguously deduced from the elder's life 
        history.

``SEC. 2265. AUTHORIZATION OF APPROPRIATION.

    ``There are authorized to be appropriated to carry out this 
subtitle $7,000,000 for each of fiscal years 2007 through 2013.''.

SEC. 102. SUPPORTING THE LONG-TERM CARE OMBUDSMAN PROGRAM.

    (a) Supporting the Long-Term Care Ombudsman Program.--
            (1) In general.--Section 712(h) of the Older Americans Act 
        of 1965 (42 U.S.C. 3058g(h)) is amended--
                    (A) in paragraph (8), by striking ``; and'' at the 
                end and inserting a semicolon;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(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).''.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out the amendments made by this 
        subsection--
                    (A) $5,000,000 in fiscal year 2007;
                    (B) $7,500,000 in fiscal year 2008; and
                    (C) $10,000,000 in each of fiscal years 2009 
                through 2013.
    (b) Ombudsman Training Programs.--
            (1) In general.--The Secretary of Health and Human Services 
        (in this Act referred to as the ``Secretary'') shall establish 
        programs to provide and improve ombudsman training with respect 
        to elder abuse, neglect, and exploitation for national 
        organizations and for State Long-Term Care Ombudsman programs.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection $10,000,000 for 
        each of fiscal years 2007 through 2013.

SEC. 103. ADULT PROTECTIVE SERVICES FUNCTIONS AND GRANT PROGRAMS.

     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 section:

                 ``adult protective services functions

    ``Sec. 1150A. (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--
                    ``(A) $2,000,000 for fiscal year 2007; and
                    ``(B) $3,000,000 for each of fiscal years 2008 
                through 2013.
    ``(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 by States and local units of 
        government.
            ``(2) Amount of payment.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), with respect to a fiscal year, each State shall be 
                paid an amount equal to the product of--
                            ``(i) the amount appropriated for the year 
                        under paragraph (5); and
                            ``(ii) the ratio (expressed as a 
                        percentage) of--
                                    ``(I) the total number of elders 
                                who reside in the State, to
                                    ``(II) the total number of elders 
                                who reside in the United States.
                    ``(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 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 on the number of elders served by the 
                award of grants under this subsection.
                    ``(B) Report by the secretary.--Not later than 
                October 1, 2011, 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 $300,000,000 
        for each of fiscal years 2007 through 2011.''.

SEC. 104. ASSURING SAFETY OF RESIDENTS WHEN NURSING FACILITIES CLOSE.

    (a) Nursing Facility Closure Under 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 new subparagraph:
                    ``(G) Notice of nursing facility closure and 
                resident transfer plan.--
                            ``(i) In general.--The owner or operator of 
                        a nursing facility shall--
                                    ``(I) submit to the Secretary and 
                                the State (including the State Long-
                                Term Care Ombudsman) in which the 
                                facility is located written 
                                notification of an impending closure 
                                not later than the date that is 60 days 
                                prior to the date of such closure;
                                    ``(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
                                    ``(III) not later than 10 days 
                                after the facility closure, submit to 
                                the Secretary and the State information 
                                identifying where residents of the 
                                closed facility were transferred and on 
                                what date.
                            ``(ii) Sanctions.--Any person owning a 
                        nursing facility that fails to comply with the 
                        requirements of clause (i) shall be subject 
                        to--
                                    ``(I) a civil monetary penalty of 
                                up to $1,000,000;
                                    ``(II) exclusion from participation 
                                in the programs under this Act (in 
                                accordance with the procedures of 
                                section 1128); and
                                    ``(III) any other applicable civil 
                                monetary penalties and assessments.
                            ``(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.''.
    (b) Skilled Nursing Facility Closure Under 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 new subparagraph:
                    ``(D) Notice of skilled nursing facility closure 
                and resident transfer plan.--
                            ``(i) In general.--The owner or operator of 
                        a skilled nursing facility shall--
                                    ``(I) submit to the Secretary and 
                                the State in which the facility is 
                                located written notification of an 
                                impending closure not later than the 
                                date that is 60 days prior to the date 
                                of such closure;
                                    ``(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
                                    ``(III) not later than 10 days 
                                after the facility closure, submit to 
                                the Secretary and the State information 
                                identifying where residents of the 
                                closed facility were transferred and on 
                                what date.
                            ``(ii) Sanctions.--Any person owning a 
                        nursing facility that fails to comply with the 
                        requirements of clause (i) shall be subject 
                        to--
                                    ``(I) a civil monetary penalty of 
                                up to $1,000,000;
                                    ``(II) exclusion from participation 
                                in the programs under this Act (in 
                                accordance with the procedures of 
                                section 1128); and
                                    ``(III) any other applicable civil 
                                monetary penalties and assessments.
                            ``(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.''.

SEC. 105. NATIONAL NURSE AIDE REGISTRY.

    (a) Study and Report.--
            (1) In general.--The Secretary, in consultation with 
        appropriate government agencies and private sector 
        organizations, shall conduct a study on establishing a national 
        nurse aide registry.
            (2) Areas evaluated.--The study conducted under this 
        subsection shall include an evaluation of--
                    (A) who should be included in the registry;
                    (B) how such a registry would comply with Federal 
                and State privacy laws and regulations;
                    (C) how data would be collected for the registry;
                    (D) what entities and individuals would have access 
                to the data collected;
                    (E) how the registry would provide appropriate 
                information regarding violations of Federal and State 
                law by individuals included in the registry; and
                    (F) how the functions of a national nurse aide 
                registry would be coordinated with the pilot program 
                for national and State background checks on direct 
                patient access employees of long-term care facilities 
                or providers established under section 307 of the 
                Medicare Prescription Drug, Improvement, and 
                Modernization Act of 2003 (Public Law 108-173) and the 
                national criminal background check program established 
                under section 106(c).
            (3) Considerations.--In conducting the study and preparing 
        the report required under this subsection, the Secretary shall 
        take into consideration the findings and conclusions of 
        relevant reports, including the following:
                    (A) The Department of Health and Human Services 
                Office of Inspector General Report, Nurse Aide 
                Registries: State Compliance and Practices (February 
                2005).
                    (B) The General Accounting Office (now known as the 
                Government Accountability Office) Report, Nursing 
                Homes: More Can Be Done to Protect Residents from Abuse 
                (March 2002).
                    (C) The Department of Health and Human Services 
                Office of the Inspector General Report, Nurse Aide 
                Registries: Long-Term Care Facility Compliance and 
                Practices (July 2005).
                    (D) The Department of Health and Human Services 
                Health Resources and Services Administration Report, 
                Nursing Aides, Home Health Aides, and Related Health 
                Care Occupations--National and Local Workforce 
                Shortages and Associated Data Needs (2004)(in 
                particular with respect to chapter 7 & appendix F).
                    (E) The 2001 Report to CMS from the School of Rural 
                Public Health, Texas A&M University, Preventing Abuse 
                and Neglect in Nursing Homes: The Role of Nurse Aide 
                Registries.
            (4) Report.--Not later than 24 months after the date of 
        enactment of this Act, the Secretary shall submit a report to 
        the appropriate Committees of Congress containing the findings 
        and recommendations of the study conducted under this 
        subsection.
            (5) Funding limitation.--Funding for the study conducted 
        under this subsection shall not exceed $500,000.
    (b) Establishment of National Nurse Aide Registry.--
            (1) In general.--Upon completion of the report described in 
        subsection (a)(4), the Secretary shall take appropriate 
        measures to establish a national nurse aide registry, taking 
        into account the findings and recommendations contained in the 
        report.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary for the purpose 
        of carrying out this subsection.

SEC. 106. BACKGROUND CHECKS ON DIRECT ACCESS EMPLOYEES OF LONG-TERM 
              CARE FACILITIES OR PROVIDERS.

    (a) Screening of Skilled Nursing Facility and Nursing Facility 
Employee Applicants.--
            (1) 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:
            ``(9) Screening of skilled nursing facility workers.--
                    ``(A) Background checks on applicants.--Before 
                hiring a skilled nursing facility worker, a skilled 
                nursing facility shall conduct a background check on 
                the employee in accordance with such procedures as the 
                Secretary shall establish.
                    ``(B) Prohibition on hiring of abusive workers.--
                            ``(i) In general.--Subject to clause (ii), 
                        a skilled nursing facility may not knowingly 
                        employ any skilled nursing facility worker who 
                        has any disqualifying information (as defined 
                        in subparagraph (F)(ii)).
                            ``(ii) Provisional employment.--A skilled 
                        nursing facility may provide for a provisional 
                        period of employment for a skilled nursing 
                        facility worker pending completion of the 
                        background check required under subparagraph 
                        (A). Such facility shall maintain direct 
                        supervision of the covered individual during 
                        the worker's provisional period of employment.
                    ``(C) Procedures.--The procedures established by 
                the Secretary under subparagraph (A) shall--
                            ``(i) provide a process by which a skilled 
                        nursing facility worker may appeal or dispute 
                        the accuracy of the information obtained in a 
                        background check conducted under this 
                        paragraph;
                            ``(ii) take into account the needs of 
                        skilled nursing facilities located in rural 
                        areas and skilled nursing facilities that serve 
                        a low volume of patients (as determined by the 
                        Secretary) with respect to providing 
                        supervision for provisional employees who are 
                        awaiting the results of a background check 
                        conducted under this paragraph; and
                            ``(iii) provide for the reimbursement of 
                        nursing facilities for 100 percent of the costs 
                        incurred by such facilities in complying with 
                        the requirements of this section.
                    ``(D) Immunity from liability.--A skilled nursing 
                facility that, in denying employment for an applicant, 
                reasonably relies upon information about such applicant 
                provided by the criminal background check shall not be 
                liable in any action brought by such applicant based on 
                the employment determination resulting from the 
                information.
                    ``(E) Civil penalty.--
                            ``(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--
                                    ``(I) for the first such violation, 
                                $2,000; and
                                    ``(II) for the second and each 
                                subsequent violation within any 5-year 
                                period, $5,000.
                            ``(ii) Knowing retention of worker.--In 
                        addition to any civil penalty under clause (i), 
                        a skilled nursing facility that knowingly 
                        continues to employ a skilled nursing facility 
                        worker in violation of subparagraph (A) or (B) 
                        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.
                    ``(F) Definitions.--In this paragraph:
                            ``(i) Conviction for a relevant crime.--The 
                        term `conviction for a relevant crime' means 
                        any Federal or State criminal conviction for--
                                    ``(I) any offense described in 
                                section 1128(a); and
                                    ``(II) such other types of offenses 
                                as the Secretary may specify in 
                                regulations.
                            ``(ii) Disqualifying information.--The term 
                        `disqualifying information' means information 
                        about a conviction for a relevant crime or a 
                        finding of patient or resident abuse.
                            ``(iii) Skilled nursing facility worker.--
                        The term `skilled nursing facility worker' 
                        means any individual (other than a volunteer) 
                        that has direct 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 long-term 
                        care 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.''.
            (2) 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:
            ``(9) Screening of nursing facility workers.--
                    ``(A) Background checks on applicants.--Before 
                hiring a nursing facility worker, a nursing facility 
                shall conduct a background check on the employee in 
                accordance with such procedures as the Secretary shall 
                establish.
                    ``(B) Prohibition on hiring of abusive workers.--
                            ``(i) In general.--Subject to clause (ii), 
                        a nursing facility may not knowingly employ any 
                        nursing facility worker who has any 
                        disqualifying information (as defined in 
                        subparagraph (F)(ii)).
                            ``(ii) Provisional employment.--A nursing 
                        facility may provide for a provisional period 
                        of employment for a nursing facility worker 
                        pending completion of the background check 
                        required under subparagraph (A). Such facility 
                        shall maintain direct supervision of the 
                        covered individual during the worker's 
                        provisional period of employment.
                    ``(C) Procedures.--The procedures established by 
                the Secretary under subparagraph (A) shall--
                            ``(i) provide a process by which a nursing 
                        facility worker may appeal or dispute the 
                        accuracy of the information obtained in a 
                        background check conducted under this 
                        paragraph;
                            ``(ii) take into account the needs of 
                        nursing facilities located in rural areas and 
                        nursing facilities that serve a low volume of 
                        patients (as determined by the Secretary) with 
                        respect to providing supervision for 
                        provisional employees who are awaiting the 
                        results of a background check conducted under 
                        this paragraph; and
                            ``(iii) provide for the reimbursement of 
                        nursing facilities for 100 percent of the costs 
                        incurred by such facilities in complying with 
                        the requirements of this section.
                    ``(D) Immunity from liability.--A nursing facility 
                that, in denying employment for an applicant, 
                reasonably relies upon information about such applicant 
                provided by the criminal background check shall not be 
                liable in any action brought by such applicant based on 
                the employment determination resulting from the 
                information.
                    ``(E) Civil penalty.--
                            ``(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--
                                    ``(I) for the first such violation, 
                                $2,000; and
                                    ``(II) for the second and each 
                                subsequent violation within any 5-year 
                                period, $5,000.
                            ``(ii) Knowing retention of worker.--In 
                        addition to any civil penalty under clause (i), 
                        a nursing facility that knowingly continues to 
                        employ a nursing facility worker in violation 
                        of subparagraph (A) or (B) 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.
                    ``(F) Definitions.--In this paragraph:
                            ``(i) Conviction for a relevant crime.--The 
                        term `conviction for a relevant crime' means 
                        any Federal or State criminal conviction for--
                                    ``(I) any offense described in 
                                section 1128(a); and
                                    ``(II) such other types of offenses 
                                as the Secretary may specify in 
                                regulations.
                            ``(ii) Disqualifying information.--The term 
                        `disqualifying information' means information 
                        about a conviction for a relevant crime or a 
                        finding of patient or resident abuse.
                            ``(iii) Nursing facility worker.--The term 
                        `nursing facility worker' means any individual 
                        (other than a volunteer) that has direct 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 long-term care 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.''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date that is 1 year after the date on 
        which the evaluation is completed under subsection (c)(1).
    (b) Application to Other Long-Term Care Facilities or Providers.--
            (1) Medicare.--Part E of title XVIII of the Social Security 
        Act (42 U.S.C. 1395x et seq.) is amended by adding at the end 
        the following:

 ``application of skilled nursing facility preventive abuse provisions 
               to long-term care facilities and providers

    ``Sec. 1898. (a) The provisions of section 1819(b)(9) shall apply 
to a long-term care facility or provider (as defined in subsection (b)) 
in the same manner as such provisions apply to a skilled nursing 
facility.
    ``(b) Long-Term Care Facility or Provider.--In this section, the 
term `long-term care facility or provider' means the following 
facilities or providers which receive payment for services under this 
title or title XIX:
            ``(1) A home health agency.
            ``(2) A provider of hospice care.
            ``(3) A long-term care hospital.
            ``(4) A provider of personal care services.
            ``(5) A residential care provider that arranges for, or 
        directly provides, long-term care services.
            ``(6) An intermediate care facility for the mentally 
        retarded (as defined in section 1905(d)).''.
            (2) Medicaid.--Section 1902(a) of the Social Security Act 
        (42 U.S.C. 1396a) is amended--
                    (A) in paragraph (66), by striking ``and'' at the 
                end;
                    (B) in paragraph (67), by striking the period and 
                inserting ``; and''; and
                    (C) by inserting after paragraph (67) the 
                following:
            ``(68) provide that the provisions of section 1919(b)(9) 
        apply to a long-term care facility or provider (as defined in 
        section 1898(b)) in the same manner as such provisions apply to 
        a nursing facility.''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date that is 1 year after the date on 
        which the evaluation is completed under subsection (c)(1).
    (c) National Criminal Background Check Program.--
            (1) Completion of pilot program evaluation.--Not later than 
        the date that is 6 months after the completion of the pilot 
        program for national and State background checks on direct 
        patient access employees of long-term care facilities or 
        providers established under section 307 of the Medicare 
        Prescription Drug, Improvement, and Modernization Act of 2003 
        (Public Law 108-173), the Secretary shall complete the 
        evaluation required under subsection (e) of such section of 
        such Act.
            (2) Establishment.--
                    (A) In general.--Not later than the date that is 1 
                year after the completion of the evaluation of the 
                program described in paragraph (1), the Secretary, in 
                consultation with the Attorney General, shall establish 
                a national criminal background check program in order 
                to prevent abuse of nursing facility and skilled 
                nursing facility residents and individuals receiving 
                home health care services and other long-term care 
                services under the medicare or medicaid programs, 
                taking into account the findings and recommendations 
                contained in the evaluation.
                    (B) Use in conducting required background checks.--
                The national criminal background check program shall be 
                made available to a long-term care facility or provider 
                for the purpose of conducting criminal background 
                checks, including the criminal background checks 
                required under sections 1819(b)(9) and 1919(b)(9) of 
                the Social Security Act (42 U.S.C. 1395i-3(b), 
                1396r(b)) (as added by subsection (a)).
                    (C) Conduct of background checks by the federal 
                bureau of investigation.--The Secretary, in 
                consultation with the Attorney General, shall establish 
                procedures for the background checks to be conducted by 
                the Federal Bureau of Investigation, in cooperation 
                with appropriate State and Federal agencies.
                    (D) Consultation.--In establishing the national 
                criminal background check program, the Secretary shall 
                consult with appropriate interested parties, 
                including--
                            (i) representatives of long-term care 
                        facilities or providers;
                            (ii) representatives of employees of long-
                        term care facilities or providers;
                            (iii) consumers of long-term care services;
                            (iv) consumer advocates; and
                            (v) appropriate Federal and State 
                        officials.
                    (E) Integration.--The Secretary shall take 
                appropriate measures to integrate the national criminal 
                background check program and the national nurse aide 
                registry established under section 105(b) into a single 
                system. The integration of the program and the registry 
                shall be done in such a manner as to efficiently and 
                accurately provide timely responses to long-term care 
                facilities and providers utilizing the integrated 
                system.
            (3) Definitions.--In this subsection:
                    (A) Long-term care facility or provider.--The term 
                ``long-term care facility or provider'' means the 
                following facilities or providers which receive payment 
                for services under title XVIII or XIX of the Social 
                Security Act:
                            (i) A nursing facility (as defined in 
                        subparagraph (B)).
                            (ii) A skilled nursing facility (as defined 
                        in subparagraph (C)).
                            (iii) A home health agency.
                            (iv) A provider of hospice care (as defined 
                        in section 1861(dd)(1) of the Social Security 
                        Act) (42 U.S.C. 1395x(dd)(1)).
                            (v) A long-term care hospital (as described 
                        in section 1886(d)(1)(B)(iv) of such Act) (42 
                        U.S.C. 1395ww(d)(1)(B)(iv)).
                            (vi) A provider of personal care services.
                            (vii) A residential care provider that 
                        arranges for, or directly provides, long-term 
                        care services.
                            (viii) An intermediate care facility for 
                        the mentally retarded (as defined in section 
                        1905(d) of such Act) (42 U.S.C. 1396d(d)).
                    (B) Nursing facility.--The term ``nursing 
                facility'' has the meaning given such term in section 
                1919(a) of the Social Security Act (42 U.S.C. 
                1396r(a)).
                    (C) Skilled nursing facility.--The term ``skilled 
                nursing facility'' has the meaning given such term in 
                1819(a) of the Social Security Act (42 U.S.C. 1395i-
                3(a)).

                    TITLE II--DEPARTMENT OF JUSTICE

SEC. 201. MODEL STATE LAWS AND PRACTICES.

    (a) In General.--The Attorney General, after consultation with the 
Secretary, shall carry out the following duties:
            (1) Study.--Conduct a study of State laws and practices 
        relating to elder abuse, neglect, and exploitation.
            (2) Report to elder justice resource center.--Prepare and 
        submit a report or periodic reports containing the findings of 
        the study conducted under paragraph (1) to the Elder Justice 
        Resource Center established under section 2221 of the Social 
        Security Act, to be made available to the public.
            (3) Report to congress.--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 contains--
                    (A) a comprehensive description of State laws and 
                practices relating to elder abuse, neglect, and 
                exploitation;
                    (B) a comprehensive analysis of the effectiveness 
                of such State laws and practices; and
                    (C) recommendations--
                            (i) for model State laws and practices 
                        relating to elder abuse, neglect, and 
                        exploitation; and
                            (ii) with respect to the definitions 
                        referred to in subsection (b)(1).
    (b) State Laws and Practices.--The Attorney General shall examine 
State laws and practices under subsection (a) on issues including--
            (1) the definition of--
                    (A) ``elder'';
                    (B) ``abuse'';
                    (C) ``neglect'';
                    (D) ``exploitation''; and
                    (E) such related terms the Attorney General 
                determines to be appropriate;
            (2) mandatory reporting laws, with respect to--
                    (A) who is a mandated reporter;
                    (B) to whom must they report and within what time 
                frame; and
                    (C) any consequences for not reporting;
            (3) evidentiary, procedural, sentencing, choice of 
        remedies, and data retention issues relating to pursuing cases 
        relating to elder abuse, neglect, and exploitation;
            (4) laws requiring immediate reporting of all nursing home 
        deaths to the county coroner or to some other individual or 
        entity;
            (5) fiduciary laws, including guardianship and power of 
        attorney laws;
            (6) laws that permit or encourage banks and bank employees 
        to prevent and report suspected elder abuse, neglect, and 
        exploitation;
            (7) 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; and
            (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) $1,000,000 in fiscal year 2007; and
            (2) $2,000,000 for each of fiscal years 2008 through 2013.

SEC. 202. OFFICE OF ELDER JUSTICE OF THE DEPARTMENT OF JUSTICE.

    (a) Establishment.--There is established within the Department of 
Justice, under the Assistant Attorney General and the Office of Justice 
Programs, an Office of Elder Justice.
    (b) Director of the Office of Elder Justice.--
            (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.
            (2) Duties.--The Director of the Office of Elder Justice 
        shall--
                    (A)(i) develop objectives, priorities, policies, 
                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;
                    (ii) implement the overall policies and a strategy 
                to carry out the plan described in clause (i); and
                    (iii) hire personnel to assist the director in 
                carrying out the policies, programs, and administrative 
                activities related to the duties under clauses (i) and 
                (ii);
                    (B) provide advice to the Attorney General on elder 
                justice issues; and
                    (C) coordinate activities with the Director of the 
                Office of Elder Justice within the Department of Health 
                and Human Services.
            (3) Reporting relationship.--The Director of the Office of 
        Elder Justice shall have the same reporting relationship with 
        the Attorney General, the Assistant Attorney General, and the 
        Office of Justice Programs as the directors of the other 
        offices headed by Presidential appointees within the Office of 
        Justice Programs.
            (4) Compensation.--The Director of the Office of Elder 
        Justice 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.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2007 through 2013.

SEC. 203. 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 that--
            (1) 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
            (2) 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) $2,500,000 for fiscal year 2007; and
            (2) $3,000,000 for each of fiscal years 2008 through 2013.

SEC. 204. SUPPORTING LOCAL PROSECUTORS IN ELDER JUSTICE MATTERS.

    (a) Grants Authorized.--The Attorney General, after consultation 
with the Director of the 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--
            (1) funding specially designated elder justice positions or 
        units; or
            (2) 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 any other 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) collaborate with experts in elder abuse, neglect, and 
        exploitation;
            (2) collaborate with the Advisory Board created by section 
        2213 of the Social Security Act; and
            (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.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $3,000,000 for fiscal year 2007; and
            (2) $4,00,000 for each of fiscal years 2008 through 2013.

SEC. 205. SUPPORTING STATE PROSECUTORS IN ELDER JUSTICE MATTERS.

    (a) In General.--The Attorney General shall, after consultation 
with the Secretary, 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.
    (b) Creating Specialized Positions.--Grants under this section may 
be made for--
            (1) the establishment of specially designated elder justice 
        positions or units; or
            (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 any other similarly situated 
        entity.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $3,000,000 for fiscal year 2007; and
            (2) $4,000,000 for each of fiscal years 2008 through 2013.

SEC. 206. INCREASED SUPPORT FOR FEDERAL CASES INVOLVING ELDER JUSTICE.

    (a) Support and Assistance.--
            (1) In general.--The Attorney General shall establish 
        procedures to ensure that the Department of Justice dedicates 
        resources to supporting cases relating to elder justice.
            (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.
            (3) Resource group.--The Attorney General may fund through 
        the Executive Office of 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 hire 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) $3,000,000 for fiscal year 2007; and
            (2) $4,000,000 for each of fiscal years 2008 through 2013.

SEC. 207. SUPPORTING LAW ENFORCEMENT IN ELDER JUSTICE MATTERS.

    (a) In General.--The Attorney General shall, after consultation 
with the Secretary, 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 frontline 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.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $6,000,000 for fiscal year 2007; and
            (2) $8,000,000 for each of fiscal years 2008 through 2013.

SEC. 208. EVALUATIONS.

    (a) Grants.--
            (1) In general.--In making a grant under a provision of 
        this title, the granting authority shall--
                    (A) require the recipient of the grant to--
                            (i) reserve a portion of the funds made 
                        available through the grant; and
                            (ii) use the reserved funds to conduct an 
                        evaluation of the other activities carried out 
                        through the grant; or
                    (B)(i) reserve a portion of the funds available for 
                the grant; and
                    (ii) use the reserved funds to provide assistance 
                to an eligible entity to conduct an evaluation of the 
                activities carried out through the grant.
            (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).
            (3) Applications.--
                    (A) Submission.--
                            (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.
                            (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.
                    (B) Review and assistance.--
                            (i) In general.--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 
                        2213 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.
                            (ii) Denial.--If the reviewing employee 
                        determines the methodology described in the 
                        proposal is inadequate under clause (i), 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.
                            (iii) Notice to applicant.--If the granting 
                        authority denies the application on the basis 
                        of the proposal under this subparagraph, the 
                        granting authority shall inform the applicant 
                        why the application was denied and offer 
                        assistance to the applicant in modifying the 
                        proposal.
    (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.
    (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.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $7,000,000 for each of fiscal 
years 2007 through 2013.

                       TITLE III--TAX PROVISIONS

SEC. 301. LONG-TERM CARE FACILITY WORKER EMPLOYMENT TAX CREDIT.

    (a) Work Opportunity Tax Credit.--
            (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:
                    ``(I) a qualified long-term care facility 
                worker.''.
            (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:
            ``(10) Qualified long-term care facility worker.--The term 
        `qualified long-term care facility worker' means any individual 
        who--
                    ``(A) is hired by a long-term care facility (as 
                defined in paragraph (18) of section 2201 of the Social 
                Security Act); and
                    ``(B) is certified by the designated local agency 
                as being qualified to provide long-term care (as 
                defined in paragraph (17) of such section 2201).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to individuals who begin work for an employer after the date of 
enactment of this Act.
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