[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2010 Reported in Senate (RS)]







                                                       Calendar No. 617
109th CONGRESS
  2d Session
                                S. 2010

                          [Report No. 109-337]

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 SENATE OF THE UNITED STATES

                           November 15, 2005

    Mr. Hatch (for himself, Mrs. Lincoln, Mr. Smith, Mr. Kohl, Ms. 
 Landrieu, Mr. Chambliss, Mr. Schumer, Mr. Santorum, Mrs. Clinton, Mr. 
   Bunning, Mr. Pryor, Mr. Lautenberg, Mr. Lieberman, Mr. Enzi, Ms. 
 Collins, Ms. Snowe, Ms. Stabenow, Mr. Bingaman, Mrs. Boxer, Mr. Bayh, 
Mr. Rockefeller, Ms. Murkowski, Mr. Salazar, Mr. Nelson of Florida, Mr. 
   Johnson, Mr. Menendez, Mr. Reed, and Mr. Specter) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

                           September 19, 2006

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

_______________________________________________________________________

                                 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,

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

<DELETED>    ``(a) Establishment.--There is established within the 
Department of Health and Human Services under the Assistant Secretary 
for Aging an Office of Elder Justice.</DELETED>
<DELETED>    ``(b) Director.--</DELETED>
        <DELETED>    ``(1) Appointment.--The President, with the advice 
        and consent of the Senate, shall appoint a Director of the 
        Office of Elder Justice, from among individuals with experience 
        and expertise in elder justice issues, to manage the Office of 
        Elder Justice established under this section.</DELETED>
        <DELETED>    ``(2) Duties.--The Director of the Office of Elder 
        Justice shall--</DELETED>
                <DELETED>    ``(A)(i) develop objectives, priorities, 
                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;</DELETED>
                <DELETED>    ``(ii) implement the overall policies and 
                a strategy to carry out the plan described in clause 
                (i); and</DELETED>
                <DELETED>    ``(iii) hire personnel to assist the 
                director in carrying out the policies, programs, and 
                administrative activities related to the duties under 
                clauses (i) and (ii); and</DELETED>
                <DELETED>    ``(B) provide advice to the Secretary on 
                elder justice issues.</DELETED>
        <DELETED>    ``(3) Reporting relationship.--The Director of the 
        Office of Elder Justice shall report to the Assistant Secretary 
        for Aging.</DELETED>
        <DELETED>    ``(4) Compensation.--The Director shall be 
        compensated at a rate that shall not exceed the rate 
        established for level I of the Executive Schedule under section 
        5312 of title 5, United States Code.</DELETED>

<DELETED>``SEC. 2212. ELDER JUSTICE COORDINATING COUNCIL.</DELETED>

<DELETED>    ``(a) Establishment.--There is established within the 
Office of the Secretary an Elder Justice Coordinating Council (in this 
section referred to as the `Council').</DELETED>
<DELETED>    ``(b) Membership.--</DELETED>
        <DELETED>    ``(1) In general.--The Council shall be composed 
        of the following members:</DELETED>
                <DELETED>    ``(A) The Secretary (or the Secretary's 
                designee).</DELETED>
                <DELETED>    ``(B) The Attorney General (or the 
                Attorney General's designee).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Requirement.--Each member of the Council 
        shall be an officer or employee of the Federal 
        Government.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Co-Chairs.--The members described in subparagraphs 
(A) and (B) of subsection (b)(1) shall be Co-Chairs of the 
Council.</DELETED>
<DELETED>    ``(e) Meetings.--The Council shall meet at least 2 times 
per year, as determined by the Co-Chairs.</DELETED>
<DELETED>    ``(f) Duties.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) describes the activities of, 
                accomplishments of, and challenges faced by--</DELETED>
                        <DELETED>    ``(i) the Council; and</DELETED>
                        <DELETED>    ``(ii) the entities represented on 
                        the Council; and</DELETED>
                <DELETED>    ``(B) makes such recommendations for 
                legislation, model laws, or other action as the Council 
                determines to be appropriate.</DELETED>
<DELETED>    ``(g) Powers of the Council.--</DELETED>
        <DELETED>    ``(1) Information from federal agencies.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(i) Detail of Government Employees.--Any Federal 
Government employee may be detailed to the Council without 
reimbursement, and such detail shall be without interruption or loss of 
civil service status or privilege.</DELETED>

<DELETED>``SEC. 2213. ADVISORY BOARD ON ELDER ABUSE, NEGLECT, AND 
              EXPLOITATION.</DELETED>

<DELETED>    ``(a) Establishment.--There is established a board to be 
known as the `Advisory Board on Elder Abuse, Neglect, and Exploitation' 
(in this section referred to as the `advisory board') to create a 
short- and long-term multidisciplinary strategic plan for the 
development of the field of elder justice, and to make recommendations 
to the Secretary, the Attorney General, and the Elder Justice 
Coordinating Council established under section 2212.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Vacancies.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Filling unexpired term.--An individual 
        chosen to fill a vacancy shall be appointed for the unexpired 
        term of the member replaced.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Duties.--Not later than 18 months after the 
establishment of the advisory board under subsection (a), and annually 
thereafter, the advisory board shall prepare and submit to the 
Secretary, the Attorney General, and the appropriate committees of 
Congress a report containing--</DELETED>
        <DELETED>    ``(1) information on the status of Federal, State, 
        and local public and private elder justice 
        activities;</DELETED>
        <DELETED>    ``(2) recommendations (including recommended 
        priorities) regarding--</DELETED>
                <DELETED>    ``(A) elder justice programs, research, 
                training, services, practice, enforcement, and 
                coordination;</DELETED>
                <DELETED>    ``(B) coordination between entities 
                pursuing elder justice efforts and those involved in 
                related areas that may inform or overlap with elder 
                justice efforts, such as activities to combat violence 
                against women and child abuse and neglect; 
                and</DELETED>
                <DELETED>    ``(C) activities relating to adult 
                fiduciary systems, including guardianship and other 
                fiduciary arrangements, including the development of 
                State interdisciplinary guardianship 
                committees;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) recommendations for the most effective 
        coordinated national data collection with respect to elder 
        justice, and elder abuse, neglect, and exploitation; 
        and</DELETED>
        <DELETED>    ``(5) recommendations for a multidisciplinary 
        strategic plan to guide the effective and efficient development 
        of the elder justice area.</DELETED>
<DELETED>    ``(g) Powers of the Advisory Board.--</DELETED>
        <DELETED>    ``(1) Information from federal agencies.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Gifts.--The advisory board may accept, use, 
        and dispose of gifts or donations of services or 
        property.</DELETED>
<DELETED>    ``(h) Travel Expenses.--The members of the advisory board 
shall not receive compensation for the performance of services for the 
advisory board, but shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for employees of 
agencies under subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular places of business in the 
performance of services for the advisory board. Notwithstanding section 
1342 of title 31, United States Code, the Secretary and the Attorney 
General may accept the voluntary and uncompensated services of the 
members of the advisory board.</DELETED>
<DELETED>    ``(i) Detail of Government Employees.--Any Federal 
Government employee may be detailed to the advisory board without 
reimbursement, and such detail shall be without interruption or loss of 
civil service status or privilege.</DELETED>
<DELETED>    ``(j) 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.</DELETED>
<DELETED>    ``(k) Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this subsection--</DELETED>
        <DELETED>    ``(1) $6,000,000 for fiscal year 2007; 
        and</DELETED>
        <DELETED>    ``(2) $7,500,000 for each of fiscal years 2008 
        through 2013.</DELETED>

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

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

<DELETED>    ``(a) Elder Justice Resource Center.--</DELETED>
        <DELETED>    ``(1) Establishment.--The Secretary, after 
        consultation with the Attorney General, shall establish within 
        the Office of Elder Justice, an Elder Justice Resource Center 
        (in this section referred to as the `Center') to be the central 
        repository for information regarding elder abuse, neglect, and 
        exploitation.</DELETED>
        <DELETED>    ``(2) Duties.--The Center shall--</DELETED>
                <DELETED>    ``(A) develop the capacity and procedures 
                to collect, maintain, and disseminate information 
                relevant to consumers, families, providers, clinicians, 
                advocates, regulators, law enforcement, policymakers, 
                researchers, fiduciaries including guardians, judges, 
                and lawyers, relevant to the prevention, detection, 
                assessment, identification, and treatment of, 
                intervention in, and prosecution of, elder abuse, 
                neglect, and exploitation;</DELETED>
                <DELETED>    ``(B) provide, in a user-friendly manner, 
                information on--</DELETED>
                        <DELETED>    ``(i) ways to promote autonomy in 
                        the face of aging or diminishing capacity and 
                        mobility;</DELETED>
                        <DELETED>    ``(ii) how to avoid becoming a 
                        victim of elder abuse, neglect, or 
                        exploitation; and</DELETED>
                        <DELETED>    ``(iii) advance planning and how 
                        to avoid the need for a fiduciary;</DELETED>
                <DELETED>    ``(C) provide links and references to 
                other sources of information;</DELETED>
                <DELETED>    ``(D) compile, analyze, and publish a 
                summary of research conducted on elder abuse, neglect, 
                and exploitation and information on how to obtain the 
                original research materials;</DELETED>
                <DELETED>    ``(E) solicit public comment and comment 
                from the advisory board established under section 2213 
                on the activities of the Center;</DELETED>
                <DELETED>    ``(F) establish a toll-free number for 
                information and referrals;</DELETED>
                <DELETED>    ``(G) coordinate activities with resource 
                centers and clearinghouses on elder justice topics; 
                and</DELETED>
                <DELETED>    ``(H) provide funding to public and 
                private agencies and entities to develop or continue 
                the efforts of specialized elder justice-related 
                clearinghouses and information repositories, to be 
                linked to the Center, that address topics such as those 
                enumerated in subparagraphs (A) and (B) and that 
                provide effective services.</DELETED>
        <DELETED>    ``(3) Coordination of available resources.--In 
        establishing the Center under this subsection the Secretary, 
        after consultation with the Attorney General, shall--</DELETED>
                <DELETED>    ``(A) consult with other Federal agencies 
                that operate similar resource centers;</DELETED>
                <DELETED>    ``(B) consult with private entities that 
                operate resource centers or clearinghouses on elder 
                justice-related topics;</DELETED>
                <DELETED>    ``(C) consult with the head of each agency 
                participating in the Elder Justice Coordinating Council 
                established under section 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</DELETED>
                <DELETED>    ``(D) solicit public comment on the 
                components of such Center.</DELETED>
        <DELETED>    ``(4) National elder justice library.--</DELETED>
                <DELETED>    ``(A) Establishment.--The Secretary shall 
                establish within the Center a National Elder Justice 
                Library (in this paragraph referred to as the 
                `Library') to serve as a centralized repository for all 
                types of appropriate materials concerning training, 
                technical assistance, and promising practices relating 
                to elder justice including--</DELETED>
                        <DELETED>    ``(i) brochures and 
                        pamphlets;</DELETED>
                        <DELETED>    ``(ii) video and computer-based 
                        resources;</DELETED>
                        <DELETED>    ``(iii) books; and</DELETED>
                        <DELETED>    ``(iv) training 
                        materials.</DELETED>
                <DELETED>    ``(B) Index.--The Library shall create and 
                maintain an up-to-date index of the materials described 
                in subparagraph (A) by title, author, date, subject, 
                and type of material, and a brief description of such 
                materials. Such index shall be available on the 
                Internet as well as in printed form in order to be 
                easily accessible to the general public.</DELETED>
                <DELETED>    ``(C) Availability.--The materials held by 
                the Library shall be available for copying by 
                individuals and entities nationwide and shall be 
                disseminated at a nominal or no fee. The materials 
                shall be copied and disseminated in accordance with the 
                applicable provisions of title 17, United States 
                Code.</DELETED>
                <DELETED>    ``(D) Duties.--</DELETED>
                        <DELETED>    ``(i) Additional materials.--The 
                        Library shall--</DELETED>
                                <DELETED>    ``(I) collect data on 
                                materials that would be appropriate for 
                                such library;</DELETED>
                                <DELETED>    ``(II) make efforts to 
                                identify and obtain appropriate 
                                materials; and</DELETED>
                                <DELETED>    ``(III) identify and 
                                obtain materials relating to effective 
                                methods of conducting training and 
                                providing technical assistance relating 
                                to elder justice, including conducting 
                                training and providing assistance for 
                                underserved populations.</DELETED>
                        <DELETED>    ``(ii) Information packets.--After 
                        evaluating the materials described in this 
                        paragraph, the Library shall compile and 
                        develop information packets for use by groups 
                        in various settings, including groups who are 
                        underserved or have other special needs. Such 
                        information packets shall include information 
                        and materials on training, technical 
                        assistance, and promising practices targeted at 
                        specific topics, groups, and 
                        settings.</DELETED>
        <DELETED>    ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
        </DELETED>
                <DELETED>    ``(A) $4,000,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    ``(B) $5,000,000 for fiscal year 2008; 
                and</DELETED>
                <DELETED>    ``(C) $6,000,000 for each of fiscal years 
                2009 through 2013.</DELETED>
<DELETED>    ``(b) Collection of Uniform National Data on Elder Abuse, 
Neglect, and Exploitation.--</DELETED>
        <DELETED>    ``(1) Purpose.--The purpose of this subsection is 
        to improve, streamline, and promote uniform collection, 
        maintenance, and dissemination of national data relating to 
        elder abuse, neglect, and exploitation.</DELETED>
        <DELETED>    ``(2) Phase i.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 1 year 
                after the date of enactment of the Elder Justice Act, 
                the Director of the Centers for Disease Control and 
                Prevention (in this subsection referred to as the 
                `Director'), after consultation with the Attorney 
                General and working with experts in relevant 
                disciplines, shall--</DELETED>
                        <DELETED>    ``(i) develop a method for 
                        collecting national data regarding elder abuse, 
                        neglect, and exploitation; and</DELETED>
                        <DELETED>    ``(ii) develop uniform national 
                        data reporting forms adapted to each relevant 
                        entity or discipline (such as health, public 
                        safety, social and protective services, and 
                        law) reflecting--</DELETED>
                                <DELETED>    ``(I) the distinct manner 
                                in which each discipline receives and 
                                maintains information; and</DELETED>
                                <DELETED>    ``(II) the sequence and 
                                history of reports to or involvement of 
                                different disciplines, independently, 
                                or the sequence and history of reports 
                                from one discipline to another over 
                                time.</DELETED>
                <DELETED>    ``(B) Forms.--The national data reporting 
                forms described in subparagraph (A)(ii) shall 
                incorporate the definitions of this title for use in 
                determining what is considered a reportable 
                event.</DELETED>
        <DELETED>    ``(3) Phase ii.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 1 year 
                after the completion of the activities described in 
                paragraph (2), the Director shall ensure that the 
                national data reporting forms and data collection 
                methods developed in accordance with such paragraph are 
                pilot tested in 6 States determined by the 
                Director.</DELETED>
                <DELETED>    ``(B) Adjustments to the form and 
                methods.--The Director, after considering the results 
                of the pilot testing described in subparagraph (A), and 
                after consultation with the Attorney General and 
                relevant experts shall adjust the national data 
                reporting forms and data collection methods as 
                necessary.</DELETED>
        <DELETED>    ``(4) Phase iii.--</DELETED>
                <DELETED>    ``(A) Distribution of national data 
                reporting forms.--After completion of the adjustment to 
                the national data reporting forms under paragraph 
                (3)(B), the Director shall submit the national data 
                reporting forms along with instructions to--</DELETED>
                        <DELETED>    ``(i) the heads of the relevant 
                        components of the Department of Health and 
                        Human Services, the Department of Justice, and 
                        the Department of the Treasury, and such other 
                        Federal entities as may be appropriate; 
                        and</DELETED>
                        <DELETED>    ``(ii) the Governor's office of 
                        each State for collection from all relevant 
                        State entities of data, including health care, 
                        social services, and law enforcement 
                        data.</DELETED>
                <DELETED>    ``(B) Data collection grants.--</DELETED>
                        <DELETED>    ``(i) Authorization.--The Director 
                        is authorized to award grants to States to 
                        improve data collection activities relating to 
                        elder abuse, neglect, and 
                        exploitation.</DELETED>
                        <DELETED>    ``(ii) 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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(iv) Funding.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Required information.--Each report 
                submitted under this paragraph shall--</DELETED>
                        <DELETED>    ``(i) indicate the State and year 
                        in which each event occurred; and</DELETED>
                        <DELETED>    ``(ii) identify--</DELETED>
                                <DELETED>    ``(I) the total number of 
                                events that occurred in each State 
                                during the year; and</DELETED>
                                <DELETED>    ``(II) the type of each 
                                event.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
        </DELETED>
                <DELETED>    ``(A) $10,000,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    ``(B) $30,000,000 for fiscal year 2008; 
                and</DELETED>
                <DELETED>    ``(C) $100,000,000 for each of fiscal 
                years 2009 through 2013.</DELETED>

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

<DELETED>    ``(a) General Grants and Centers of Excellence.--
</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) physical, psychological, and 
                emotional abuse and neglect by family and other in-home 
                caregivers;</DELETED>
                <DELETED>    ``(B) physical, psychological, and 
                emotional abuse and neglect of residents in 
                institutional and other residential care 
                facilities;</DELETED>
                <DELETED>    ``(C) elder sexual abuse;</DELETED>
                <DELETED>    ``(D) domestic violence in later 
                life;</DELETED>
                <DELETED>    ``(E) financial fraud and exploitation; 
                and</DELETED>
                <DELETED>    ``(F) self-neglect.</DELETED>
        <DELETED>    ``(2) Centers of excellence.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Authorized activities.--The Centers 
                of Excellence established with funds provided under 
                subparagraph (A) shall conduct the following 
                activities:</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Additional activities.--The Centers 
                of Excellence established under subparagraph (A) may 
                conduct activities including the following:</DELETED>
                        <DELETED>    ``(i) Carrying out a study to 
                        determine the national incidence and prevalence 
                        of elder abuse, neglect, and exploitation in 
                        all settings.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(II) a screening tool to 
                                measure whether caregivers are at risk 
                                of committing elder abuse, neglect, or 
                                exploitation;</DELETED>
                                <DELETED>    ``(III) a screening tool 
                                to measure whether families are at risk 
                                for elder abuse, neglect, and 
                                exploitation; and</DELETED>
                                <DELETED>    ``(IV) a screening tool to 
                                assess communities, evaluating how each 
                                individual agency or system relating to 
                                elder abuse, neglect, or exploitation 
                                operates in such a community and how 
                                all of such agencies or systems 
                                communicate and operate in relationship 
                                to each other within such 
                                community.</DELETED>
                        <DELETED>    ``(iii) Carrying out various types 
                        of intervention research.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(v) Researching successful 
                        fiduciary practices and systems to enhance the 
                        well-being of persons with diminished 
                        capacity.</DELETED>
                <DELETED>    ``(D) Collaboration and access to 
                records.--In awarding a grant under this paragraph the 
                Secretary shall--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated for the purpose of carrying out 
        paragraphs (1) and (2) of this subsection--</DELETED>
                <DELETED>    ``(A) $12,000,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    ``(B) $20,000,000 for fiscal year 2008; 
                and</DELETED>
                <DELETED>    ``(C) $25,000,000 for each of fiscal years 
                2009 through 2013.</DELETED>
<DELETED>    ``(b) Safe Haven and Legal Advocacy Grants.--</DELETED>
        <DELETED>    ``(1) Safe haven grants.--</DELETED>
                <DELETED>    ``(A) Grants authorized.--The Secretary 
                may award grants to 6 diverse communities to examine 
                various types of elder shelters (in this paragraph 
                referred to as `safe havens') and to test various 
                models for establishing safe havens at home or 
                elsewhere.</DELETED>
                <DELETED>    ``(B) Authorized activities.--Grant funds 
                awarded pursuant to subparagraph (A) shall be used to 
                establish safe havens that--</DELETED>
                        <DELETED>    ``(i) provide a comprehensive, 
                        culturally sensitive, and multidisciplinary 
                        team response to allegations of elder abuse, 
                        neglect, or exploitation;</DELETED>
                        <DELETED>    ``(ii) provide a dedicated, elder-
                        friendly setting;</DELETED>
                        <DELETED>    ``(iii) have the capacity to meet 
                        the needs of elders for care; and</DELETED>
                        <DELETED>    ``(iv) provide various services 
                        including--</DELETED>
                                <DELETED>    ``(I) nursing and forensic 
                                evaluation;</DELETED>
                                <DELETED>    ``(II) therapeutic 
                                intervention;</DELETED>
                                <DELETED>    ``(III) victim support and 
                                advocacy; and</DELETED>
                                <DELETED>    ``(IV) case review and 
                                assistance to make the elder safer at 
                                home or to find appropriate placement 
                                in safer environments, including 
                                shelters, and, in some circumstances, 
                                long-term care facilities, other 
                                residential care facilities, and 
                                hospitals.</DELETED>
        <DELETED>    ``(2) Legal advocacy grants.--</DELETED>
                <DELETED>    ``(A) Grants authorized.--The Secretary, 
                after consultation with the Attorney General, may award 
                grants--</DELETED>
                        <DELETED>    ``(i) to study the need for 
                        community resources in order to provide 
                        assistance for legal and related services for 
                        victims of elder abuse, neglect, or 
                        exploitation; and</DELETED>
                        <DELETED>    ``(ii) to provide assistance for 
                        such services by awarding grants for 
                        demonstration projects in diverse 
                        communities.</DELETED>
                <DELETED>    ``(B) Authorized activities.--Grant funds 
                awarded pursuant to subparagraph (A) shall be used to 
                provide--</DELETED>
                        <DELETED>    ``(i) court-appointed 
                        advocates;</DELETED>
                        <DELETED>    ``(ii) authorized fiduciaries, 
                        including public guardians;</DELETED>
                        <DELETED>    ``(iii) monitoring and oversight 
                        of fiduciaries;</DELETED>
                        <DELETED>    ``(iv) legal services; 
                        and</DELETED>
                        <DELETED>    ``(v) such other services as the 
                        Secretary, after consultation with the Attorney 
                        General, determines appropriate.</DELETED>
        <DELETED>    ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
        </DELETED>
                <DELETED>    ``(A) $3,000,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    ``(B) $4,000,000 for fiscal year 2008; 
                and</DELETED>
                <DELETED>    ``(C) $5,000,000 for each of fiscal years 
                2009 through 2013.</DELETED>
<DELETED>    ``(c) Grants to Enhance Volunteer Services.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
        </DELETED>
                <DELETED>    ``(A) $1,500,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    ``(B) $2,000,000 for fiscal year 2008; 
                and</DELETED>
                <DELETED>    ``(C) $2,500,000 for each of fiscal years 
                2009 through 2013.</DELETED>
<DELETED>    ``(d) Multidisciplinary Efforts.--</DELETED>
        <DELETED>    ``(1) Grants.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary may award 
                grants to fund various multidisciplinary elder justice 
                activities, including the following:</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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').</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(v) Carrying out such other 
                        interdisciplinary or multidisciplinary efforts 
                        as the Secretary determines to be 
                        appropriate.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Interdisciplinary study.--</DELETED>
                <DELETED>    ``(A) In general.--The Director of the 
                Centers for Disease Control and Prevention, after 
                consultation with the Director of the Office of Elder 
                Justice in the Department of Health and Human Services 
                and the Director of the Office of Elder Justice in the 
                Department of Justice, shall conduct an intensive 
                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).</DELETED>
                <DELETED>    ``(B) Goal.--The goals of the study 
                described in subparagraph (A) include--</DELETED>
                        <DELETED>    ``(i) making an assessment of the 
                        functioning and effectiveness of each entity in 
                        a community that conducts elder justice 
                        activities, and the interdisciplinary 
                        communications and collaborations among such 
                        entities; and</DELETED>
                        <DELETED>    ``(ii) developing a procedure for 
                        communities to conduct a self-assessment to 
                        assist them in identifying the manner in which 
                        the entities described in clause (i) in such 
                        communities respond to elder justice issues, 
                        the needs of such communities relating to elder 
                        justice issues, and ways to improve the 
                        response systems of such communities for elder 
                        abuse, neglect, and exploitation.</DELETED>
                <DELETED>    ``(C) Authorization of appropriations.--
                There are authorized to be appropriated to carry out 
                this paragraph--</DELETED>
                        <DELETED>    ``(i) $2,500,000 for fiscal year 
                        2007;</DELETED>
                        <DELETED>    ``(ii) $3,000,000 for fiscal year 
                        2008; and</DELETED>
                        <DELETED>    ``(iii) $3,500,000 for each of 
                        fiscal years 2009 through 2013.</DELETED>
<DELETED>    ``(e) Training Grants.--</DELETED>
        <DELETED>    ``(1) Grants authorized.--The Secretary may award 
        grants to groups representing the targeted disciplines 
        described in paragraph (2)(B) to train individuals with respect 
        to issues of elder abuse, neglect, and exploitation.</DELETED>
        <DELETED>    ``(2) Authorized activities.--</DELETED>
                <DELETED>    ``(A) In general.--Grant funds awarded 
                under paragraph (1) shall be used for training within a 
                discipline as well as cross-training activities that 
                permit individuals in multiple disciplines to train 
                together, fostering communication, coordinating 
                efforts, and ensuring collaboration.</DELETED>
                <DELETED>    ``(B) Targeted disciplines.--Groups 
                representing disciplines that will be targeted for 
                training through grants awarded under paragraph (1) 
                include--</DELETED>
                        <DELETED>    ``(i) physicians, including 
                        geriatricians, medical residents, interns, and 
                        fellows;</DELETED>
                        <DELETED>    ``(ii) nurses and nurse's aides, 
                        including geriatric nurse practitioners, 
                        directors of nursing, and Sexual Abuse Nurse 
                        Examiners (SANE) nurses;</DELETED>
                        <DELETED>    ``(iii) social workers;</DELETED>
                        <DELETED>    ``(iv) public health and safety 
                        professionals, including Emergency Medical 
                        Services professionals;</DELETED>
                        <DELETED>    ``(v) therapists, including 
                        creative arts, occupational, speech, and 
                        physical therapists;</DELETED>
                        <DELETED>    ``(vi) State surveyors of nursing 
                        facilities and other long-term care 
                        facilities;</DELETED>
                        <DELETED>    ``(vii) staff of long-term care 
                        facilities or hospitals;</DELETED>
                        <DELETED>    ``(viii) coroners and funeral home 
                        operators;</DELETED>
                        <DELETED>    ``(ix) Federal, State, and local 
                        offices with responsibility for elder justice 
                        or long-term care matters;</DELETED>
                        <DELETED>    ``(x) employees or contractors of 
                        State and local agencies with responsibility 
                        for training persons who provide adult 
                        protective services;</DELETED>
                        <DELETED>    ``(xi) State Long-Term Care 
                        Ombudsmen;</DELETED>
                        <DELETED>    ``(xii) victim advocates and 
                        advocates for elders and individuals with 
                        disabilities;</DELETED>
                        <DELETED>    ``(xiii) individuals involved in 
                        volunteer organizations (including faith-based 
                        organizations) who are involved in issues of 
                        elder abuse, neglect, and 
                        exploitation;</DELETED>
                        <DELETED>    ``(xiv) police officers, sheriffs, 
                        detectives, firefighters, Federal and State 
                        investigators, public safety officers, and 
                        corrections personnel;</DELETED>
                        <DELETED>    ``(xv) Federal, State, and local 
                        prosecutors, attorneys in private practice 
                        involved in elder justice issues, judges, and 
                        court employees;</DELETED>
                        <DELETED>    ``(xvi) federally recognized 
                        partnerships of elders, sheriff departments, 
                        and the American Association of Retired Persons 
                        (commonly referred to as TRIADs);</DELETED>
                        <DELETED>    ``(xvii) elder service 
                        officers;</DELETED>
                        <DELETED>    ``(xviii) individuals who work 
                        with the public, including bank personnel, 
                        postal workers, utility workers, providers of 
                        home-delivered meals, and others who may work 
                        with elders;</DELETED>
                        <DELETED>    ``(xix) students in professional 
                        and paraprofessional schools, internships, 
                        fellowships, and other training programs in a 
                        relevant profession;</DELETED>
                        <DELETED>    ``(xx) fiduciaries, including 
                        guardians, conservators, and agents under 
                        powers of attorney; and</DELETED>
                        <DELETED>    ``(xxi) staff and volunteers of 
                        domestic violence and child abuse and neglect 
                        programs.</DELETED>
        <DELETED>    ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
        </DELETED>
                <DELETED>    ``(A) $10,000,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    ``(B) $15,000,000 for fiscal year 2008; 
                and</DELETED>
                <DELETED>    ``(C) $20,000,000 for each of fiscal years 
                2009 through 2013.</DELETED>
<DELETED>    ``(f) Increasing the Number of Health Care Professionals 
With Geriatric Training.--</DELETED>
        <DELETED>    ``(1) Increasing the number of health care 
        professionals with geriatric training.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall 
                establish programs to increase--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) the number of such 
                        professionals who provide health care related 
                        to geriatrics.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
        </DELETED>
                <DELETED>    ``(A) $2,500,000 for fiscal year 2007; 
                and</DELETED>
                <DELETED>    ``(B) $3,500,000 for each of fiscal years 
                2008 through 2013.</DELETED>
<DELETED>    ``(g) Dementia Training Grants.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(h) Special Needs Grants.--</DELETED>
        <DELETED>    ``(1) Grants authorized.--The Secretary may award 
        grants to eligible entities to identify, address, and make 
        recommendations on meeting the special needs of underserved 
        populations of elders.</DELETED>
        <DELETED>    ``(2) Populations included.--The grant funds 
        awarded pursuant to paragraph (1) shall be used to fund 
        programs including the following:</DELETED>
                <DELETED>    ``(A) Rural settings.--Programs designed 
                to meet the needs of elders living in rural locations, 
                including the needs of their informal caregivers and 
                fiduciaries. The programs shall include--</DELETED>
                        <DELETED>    ``(i) strategies to decrease 
                        isolation;</DELETED>
                        <DELETED>    ``(ii) training for informal 
                        caregivers and fiduciaries;</DELETED>
                        <DELETED>    ``(iii) activities involving 
                        collaboration between the entities and local 
                        secondary schools and institutions of higher 
                        education to offer classes for credit, focusing 
                        on training individuals to work with elders and 
                        caregivers;</DELETED>
                        <DELETED>    ``(iv) training for volunteers to 
                        serve in rural communities; and</DELETED>
                        <DELETED>    ``(v) strategies on the use of 
                        advance planning to avoid the need for a 
                        guardian or other fiduciary.</DELETED>
                <DELETED>    ``(B) Minority populations.--Programs 
                designed to meet the needs of elders in minority 
                populations, including culturally and linguistically 
                appropriate programs.</DELETED>
                <DELETED>    ``(C) Indian tribes.--Programs designed to 
                provide necessary services to elders who are members of 
                Indian tribes, including successful programs in elder 
                abuse, neglect, and exploitation prevention and 
                treatment that target Indian populations. The entities 
                carrying out the programs shall deliver services and 
                distribute educational information on elder abuse, 
                neglect, and exploitation to Indian tribes and other 
                policymakers, health and social service providers, law 
                enforcement, and researchers with a particular interest 
                in elders who are members of Indian tribes.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(i) Public Awareness Grants.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Authorized activities.--Grant funds awarded 
        under paragraph (1) shall be used for activities including the 
        following:</DELETED>
                <DELETED>    ``(A) Raising public awareness regarding 
                financial schemes that target elders.</DELETED>
                <DELETED>    ``(B) Pilot testing the effectiveness of 
                various types of multimedia campaigns in raising 
                awareness about--</DELETED>
                        <DELETED>    ``(i) the types of elder abuse, 
                        neglect, and exploitation;</DELETED>
                        <DELETED>    ``(ii) steps to take if an 
                        individual suspects elder abuse, neglect, or 
                        exploitation has occurred; and</DELETED>
                        <DELETED>    ``(iii) ways to prevent elder 
                        abuse, neglect, or exploitation.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(j) Elder Justice Innovation Fund.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>

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

<DELETED>    ``(a) Roles of Entities Responding to Elder Abuse, 
Neglect, and Exploitation.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary and the Attorney 
        General shall jointly sponsor or conduct a study of the roles 
        and responsibilities of Government and Government-funded 
        entities responsible for responding to, investigating, and 
        taking other actions in response to reports of elder abuse, 
        neglect, and exploitation including--</DELETED>
                <DELETED>    ``(A) State and local agencies with the 
                responsibility for adult protective services;</DELETED>
                <DELETED>    ``(B) the State Long-Term Care 
                Ombudsmen;</DELETED>
                <DELETED>    ``(C) law enforcement (including 
                prosecutors);</DELETED>
                <DELETED>    ``(D) fiduciaries;</DELETED>
                <DELETED>    ``(E) judges and other court personnel; 
                and</DELETED>
                <DELETED>    ``(F) such other social and protective 
                service, advocacy, and protection organizations as the 
                Secretary and the Attorney General determine to be 
                appropriate.</DELETED>
        <DELETED>    ``(2) Goals.--The goals of the study authorized in 
        paragraph (1) (which may be conducted in distinct sections, if 
        there is overall coordination) are--</DELETED>
                <DELETED>    ``(A) to identify gaps in the detection 
                of, investigation of, and intervention in elder abuse, 
                neglect, and exploitation;</DELETED>
                <DELETED>    ``(B) to improve the response to elder 
                abuse, neglect, and exploitation; and</DELETED>
                <DELETED>    ``(C) to reduce elder victimization and 
                its consequences by assessing and improving the systems 
                created to address reports of elder abuse, neglect, and 
                exploitation.</DELETED>
        <DELETED>    ``(3) Authorized activities.--In conducting the 
        study authorized in paragraph (1), the Director shall--
        </DELETED>
                <DELETED>    ``(A) conduct an evaluation of--</DELETED>
                        <DELETED>    ``(i) how the social and 
                        protective service, advocacy, protection, 
                        judicial, and law enforcement entities and 
                        systems are operating;</DELETED>
                        <DELETED>    ``(ii) the interplay and 
                        allocation of responsibilities among those 
                        entities;</DELETED>
                        <DELETED>    ``(iii) how that allocation 
                        differs from community to community and State 
                        to State; and</DELETED>
                        <DELETED>    ``(iv) how those differences 
                        impact the population intended to be protected 
                        by the entities and systems;</DELETED>
                <DELETED>    ``(B) make recommendations on how to 
                clarify the roles (at the 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</DELETED>
                <DELETED>    ``(C) evaluate how various communities 
                delineate the roles and responsibilities of the types 
                of entities described in subparagraph (A) in order to 
                identify and recommend effective models and methods to 
                duplicate the delineation efforts (such as duplication 
                through memoranda of understanding).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Family Elder Abuse, Neglect, and Exploitation 
Study.--</DELETED>
        <DELETED>    ``(1) In general.--The Director of the Centers for 
        Disease Control and Prevention (in this subsection referred to 
        as the `Director'), after consultation with the Director of the 
        Office of Elder Justice in the Department of Health and Human 
        Services and the Director of the Office of Elder Justice in the 
        Department of Justice, shall conduct a study to determine the 
        best method to address elder abuse, neglect, and exploitation 
        from a public health perspective, including examining methods 
        to reduce elder abuse, neglect, and exploitation committed by 
        family members.</DELETED>
        <DELETED>    ``(2) Collaboration.--The Director, in carrying 
        out activities under this subsection, shall collaborate with 
        the Director of the National Institute on Aging, the Director 
        of the Office of Elder Justice in the Department of Health and 
        Human Services, the Director of the Office of Elder Justice in 
        the Department of Justice, the heads of State agencies with 
        responsibility for adult protective services, and the heads of 
        such other entities as the Director determines 
        appropriate.</DELETED>
        <DELETED>    ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
        </DELETED>
                <DELETED>    ``(A) $1,500,000 for fiscal year 2007; 
                and</DELETED>
                <DELETED>    ``(B) $2,000,000 for each of fiscal years 
                2008 through 2013.</DELETED>

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

<DELETED>    ``(a) Forensic Centers.--</DELETED>
        <DELETED>    ``(1) Grants.--The Secretary shall make grants to 
        appropriate entities to establish and operate stationary and 
        mobile forensic centers, to develop forensic expertise 
        regarding, and provide services relating to, elder abuse, 
        neglect, and exploitation.</DELETED>
        <DELETED>    ``(2) Coordination among forensic centers and 
        centers of excellence.--The entities establishing and operating 
        the forensic centers shall coordinate activities on an ongoing 
        basis with the Centers of Excellence described in section 
        2222(b)(1). 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.</DELETED>
        <DELETED>    ``(3) Stationary forensic centers.--The Secretary 
        shall make 4 of the grants described in paragraph (1) to 
        institutions of higher education with demonstrated expertise in 
        forensics or commitment to preventing or treating elder abuse, 
        neglect, or exploitation, to establish and operate stationary 
        forensic centers. The Secretary shall make at least 2 of the 4 
        grants to an entity operating a Center of Excellence described 
        in section 2222(b)(1) at an institution of higher 
        education.</DELETED>
        <DELETED>    ``(4) Mobile centers.--The Secretary shall make 6 
        of the grants described in paragraph (1) to appropriate 
        entities to establish and operate mobile forensic 
        centers.</DELETED>
        <DELETED>    ``(5) Use of funds.--</DELETED>
                <DELETED>    ``(A) Development of forensic markers and 
                methodologies.--An entity that receives a grant under 
                this subsection shall use funds made available through 
                the grant to assist in the determination of whether 
                abuse or neglect occurred, or a crime was committed, 
                and to conduct research to describe and disseminate 
                information on--</DELETED>
                        <DELETED>    ``(i) forensic markers that 
                        indicate a case in which elder abuse, neglect, 
                        or exploitation may have occurred; 
                        and</DELETED>
                        <DELETED>    ``(ii) methodologies for 
                        determining, in such a case, when and how 
                        health care, emergency service, social and 
                        protective service, and legal service providers 
                        should intervene and when the providers should 
                        report the case to law enforcement 
                        authorities.</DELETED>
                <DELETED>    ``(B) Applications.--An entity that 
                receives a grant under this subsection shall use funds 
                made available through the grant to develop forensic 
                expertise regarding elder abuse, neglect, and 
                exploitation, in order to provide medical and forensic 
                evaluation, therapeutic intervention, victim support 
                and advocacy, case review, and case tracking.</DELETED>
                <DELETED>    ``(C) Collection of evidence.--An entity 
                operating a Center of Excellence described in section 
                2222(b)(1) that receives a grant under this subsection 
                shall use funds made available through the grant to 
                develop the capacity to collect forensic evidence, 
                including collecting forensic evidence relating to a 
                potential determination of elder abuse, neglect, or 
                exploitation.</DELETED>
        <DELETED>    ``(6) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
        </DELETED>
                <DELETED>    ``(A) $4,000,000 for fiscal year 
                2007;</DELETED>
                <DELETED>    ``(B) $6,000,000 for fiscal year 2008; 
                and</DELETED>
                <DELETED>    ``(C) $8,000,000 for each of fiscal years 
                2009 through 2013.</DELETED>
<DELETED>    ``(b) Training To Develop Expertise in Geriatric 
Forensics.--</DELETED>
        <DELETED>    ``(1) Fellowship programs.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Eligible individuals.--To be 
                eligible to receive a fellowship under this paragraph, 
                an individual shall be a physician who--</DELETED>
                        <DELETED>    ``(i) is board certified or board 
                        eligible in internal medicine or family 
                        practice;</DELETED>
                        <DELETED>    ``(ii) has completed a program in 
                        geriatrics that meets such criteria as the 
                        Secretary may prescribe; and</DELETED>
                        <DELETED>    ``(iii) has entered into an 
                        agreement with the Secretary to provide the 
                        team training described in subparagraph (C), 
                        after receiving the training described in 
                        subparagraph (A).</DELETED>
                <DELETED>    ``(C) Team training.--An individual who 
                receives a fellowship under this paragraph shall 
                provide training in forensic geriatrics to 
                interdisciplinary teams of health care 
                professionals.</DELETED>
        <DELETED>    ``(2) 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.</DELETED>
        <DELETED>    ``(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.</DELETED>

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

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

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

<DELETED>    ``(a) Reporting Requirement.--</DELETED>
        <DELETED>    ``(1) In general.--Each individual who is an 
        owner, operator, employee, manager, agent, or contractor of a 
        long-term care facility that is 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.</DELETED>
        <DELETED>    ``(2) Timing.--If the events that cause the 
        suspicion--</DELETED>
                <DELETED>    ``(A) result in serious bodily injury, the 
                individual shall report the suspicion immediately; 
                and</DELETED>
                <DELETED>    ``(B) do not result in serious bodily 
                injury, the individual shall report the suspicion not 
                later than 24 hours after forming the 
                suspicion.</DELETED>
<DELETED>    ``(b) Long-Term Care Facility Described.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(c) Penalty.--</DELETED>
        <DELETED>    ``(1) In general.--If an individual described in 
        subsection (a)(1) violates subsection (a)--</DELETED>
                <DELETED>    ``(A) the individual shall be fined not 
                more than $200,000 or subject to a civil money penalty 
                of not more than $200,000; or</DELETED>
                <DELETED>    ``(B) the Secretary shall classify the 
                individual as an excluded individual for a period of 
                not more than 3 years.</DELETED>
        <DELETED>    ``(2) Increased harm.--If an individual described 
        in subsection (a)(1) violates subsection (a), and the violation 
        exacerbates the harm to the victim of the crime or results in 
        harm to another person--</DELETED>
                <DELETED>    ``(A) the individual shall be fined not 
                more than $300,000 or subject to a civil money penalty 
                of not more than $300,000; and</DELETED>
                <DELETED>    ``(B) the Secretary shall classify the 
                individual as an excluded individual for a period of 
                not more than 3 years.</DELETED>
        <DELETED>    ``(3) Excluded individual.--During any period for 
        which an individual is classified as an excluded individual 
        under this paragraph, an entity that employs the individual 
        shall be ineligible to receive Federal funds.</DELETED>
        <DELETED>    ``(4) Extenuating circumstances.--The Secretary 
        may take into account the financial burden on providers with 
        underserved populations in determining the penalty.</DELETED>
<DELETED>    ``(d) Regulations.--The Secretary, after consulting with 
the Attorney General, shall issue regulations to carry out this 
section.</DELETED>

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

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

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

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

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

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

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

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

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

<DELETED>    ``(a) In General.--The Director of the Office of Elder 
Justice in the Department of Health and Human Services, in coordination 
with the Director of the Agency for Healthcare Research and Quality and 
the Administrator of the Centers for Medicare & Medicaid Services, 
shall establish a long-term care consumer clearinghouse in the 
Department of Health and Human Services.</DELETED>
<DELETED>    ``(b) Information.--The clearinghouse shall be established 
as part of the Elder Justice Resource Center established under section 
2221 and shall provide comprehensive detailed information, in a 
consumer-friendly form, to consumers about choices relating to long-
term care providers, such as information (including links to Web sites 
and other resources that provide information) about--</DELETED>
        <DELETED>    ``(1) obtaining the services of, and employing, 
        caregivers who provide long-term care at an individual's home; 
        and</DELETED>
        <DELETED>    ``(2) options for residential long-term care, such 
        as--</DELETED>
                <DELETED>    ``(A)(i) the type of care provided by 
                nursing facilities; and</DELETED>
                <DELETED>    ``(ii) the type of care provided by group 
                homes and other residential long-term care facilities 
                that are not nursing facilities;</DELETED>
                <DELETED>    ``(B) the benefits available through the 
                programs carried out under titles XVIII and XIX of the 
                Social Security Act (42 U.S.C. 1395 et seq.; 1396 et 
                seq.); and</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Providers.--In providing information on long-term 
care providers under this section, the clearinghouse shall provide 
information (from States and other sources) on assisted living 
facilities, board and care facilities, congregate care facilities, home 
health care providers, and other long-term care providers.</DELETED>
<DELETED>    ``(d) Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this section--</DELETED>
        <DELETED>    ``(1) $2,000,000 for fiscal year 2007;</DELETED>
        <DELETED>    ``(2) $3,000,000 for fiscal year 2008; 
        and</DELETED>
        <DELETED>    ``(3) $4,000,000 for each of fiscal years 2009 
        through 2013.</DELETED>

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

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

       <DELETED>``Subtitle D--Miscellaneous Provisions</DELETED>

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

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

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

<DELETED>    ``(a) In General.--For purposes of the application of 
subpart A of part 46 of title 45, Code of Federal Regulations, to 
research conducted under this title, the term `legally authorized 
representative' means, unless otherwise provided by law, the 
individual, or judicial or other body authorized under the applicable 
law to consent to medical treatment on behalf of another 
person.</DELETED>
<DELETED>    ``(b) Guidelines.--The Secretary, 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.</DELETED>

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

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

<DELETED>``SEC. 2264. RULE OF CONSTRUCTION.</DELETED>

<DELETED>    ``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--
</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(3) may be unambiguously deduced from the 
        elder's life history.</DELETED>

<DELETED>``SEC. 2265. AUTHORIZATION OF APPROPRIATION.</DELETED>

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

<DELETED>SEC. 102. SUPPORTING THE LONG-TERM CARE OMBUDSMAN 
              PROGRAM.</DELETED>

<DELETED>    (a) Supporting the Long-Term Care Ombudsman Program.--
</DELETED>
        <DELETED>    (1) In general.--Section 712(h) of the Older 
        Americans Act of 1965 (42 U.S.C. 3058g(h)) is amended--
        </DELETED>
                <DELETED>    (A) in paragraph (8), by striking ``; 
                and'' at the end and inserting a semicolon;</DELETED>
                <DELETED>    (B) in paragraph (9), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the following new 
                paragraph:</DELETED>
        <DELETED>    ``(10) make grants, in consultation with the 
        Director of the Office of Elder Justice in the Department of 
        Health and Human Services and the Director of the Office of 
        Elder Justice in the Department of Justice, to eligible 
        entities with relevant expertise and experience to conduct 
        evaluations and pilot studies relating to various programs and 
        methods carried out by the Office of the State Long-Term Care 
        Ombudsman or a local Ombudsman entity under section 307(a)(9) 
        or this chapter, or to provide support (such as an ombudsman 
        resource center).''.</DELETED>
        <DELETED>    (2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out the amendments made 
        by this subsection--</DELETED>
                <DELETED>    (A) $5,000,000 in fiscal year 
                2007;</DELETED>
                <DELETED>    (B) $7,500,000 in fiscal year 2008; 
                and</DELETED>
                <DELETED>    (C) $10,000,000 in each of fiscal years 
                2009 through 2013.</DELETED>
<DELETED>    (b) Ombudsman Training Programs.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 103. ADULT PROTECTIVE SERVICES FUNCTIONS AND GRANT 
              PROGRAMS.</DELETED>

<DELETED>    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:</DELETED>

        <DELETED>``adult protective services functions</DELETED>

<DELETED>    ``Sec. 1150A.  (a) Functions.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall ensure that 
        the Department of Health and Human Services--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) develops and disseminates 
                information on best practices regarding, and provides 
                training on, carrying out adult protective 
                services;</DELETED>
                <DELETED>    ``(D) in conjunction with the necessary 
                experts, conducts research related to the provision of 
                adult protective services; and</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
        </DELETED>
                <DELETED>    ``(A) $2,000,000 for fiscal year 2007; 
                and</DELETED>
                <DELETED>    ``(B) $3,000,000 for each of fiscal years 
                2008 through 2013.</DELETED>
<DELETED>    ``(b) Grant Program.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Amount of payment.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the amount appropriated for 
                        the year under paragraph (5); and</DELETED>
                        <DELETED>    ``(ii) the ratio (expressed as a 
                        percentage) of--</DELETED>
                                <DELETED>    ``(I) the total number of 
                                elders who reside in the State, 
                                to</DELETED>
                                <DELETED>    ``(II) the total number of 
                                elders who reside in the United 
                                States.</DELETED>
                <DELETED>    ``(B) Guaranteed minimum payment amount.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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'.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(3) Authorized activities.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Reports.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 104. ASSURING SAFETY OF RESIDENTS WHEN NURSING FACILITIES 
              CLOSE.</DELETED>

<DELETED>    (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:</DELETED>
                <DELETED>    ``(G) Notice of nursing facility closure 
                and resident transfer plan.--</DELETED>
                        <DELETED>    ``(i) In general.--The owner or 
                        operator of a nursing facility shall--
                        </DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(II) include in the 
                                notice a plan for the transfer and 
                                adequate relocation of the residents 
                                prior to closure, including assurances 
                                that residents will not be transferred 
                                to facilities providing substandard 
                                care for which administrative or law 
                                enforcement action is pending; 
                                and</DELETED>
                                <DELETED>    ``(III) not later than 10 
                                days after the facility closure, submit 
                                to the Secretary and the State 
                                information identifying where residents 
                                of the closed facility were transferred 
                                and on what date.</DELETED>
                        <DELETED>    ``(ii) Sanctions.--Any person 
                        owning a nursing facility that fails to comply 
                        with the requirements of clause (i) shall be 
                        subject to--</DELETED>
                                <DELETED>    ``(I) a civil monetary 
                                penalty of up to $1,000,000;</DELETED>
                                <DELETED>    ``(II) exclusion from 
                                participation in the programs under 
                                this Act (in accordance with the 
                                procedures of section 1128); 
                                and</DELETED>
                                <DELETED>    ``(III) any other 
                                applicable civil monetary penalties and 
                                assessments.</DELETED>
                        <DELETED>    ``(iii) Procedure.--A civil 
                        monetary penalty or assessment authorized under 
                        clause (ii) shall be imposed against a person 
                        in the same manner as a civil monetary penalty, 
                        assessment, or exclusion is imposed under 
                        section 1128A.''.</DELETED>
<DELETED>    (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:</DELETED>
                <DELETED>    ``(D) Notice of skilled nursing facility 
                closure and resident transfer plan.--</DELETED>
                        <DELETED>    ``(i) In general.--The owner or 
                        operator of a skilled nursing facility shall--
                        </DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(II) include in the 
                                notice a plan for the transfer and 
                                adequate relocation of the residents 
                                prior to closure, including assurances 
                                that residents will not be transferred 
                                to facilities providing substandard 
                                care for which administrative or law 
                                enforcement action is pending; 
                                and</DELETED>
                                <DELETED>    ``(III) not later than 10 
                                days after the facility closure, submit 
                                to the Secretary and the State 
                                information identifying where residents 
                                of the closed facility were transferred 
                                and on what date.</DELETED>
                        <DELETED>    ``(ii) Sanctions.--Any person 
                        owning a nursing facility that fails to comply 
                        with the requirements of clause (i) shall be 
                        subject to--</DELETED>
                                <DELETED>    ``(I) a civil monetary 
                                penalty of up to $1,000,000;</DELETED>
                                <DELETED>    ``(II) exclusion from 
                                participation in the programs under 
                                this Act (in accordance with the 
                                procedures of section 1128); 
                                and</DELETED>
                                <DELETED>    ``(III) any other 
                                applicable civil monetary penalties and 
                                assessments.</DELETED>
                        <DELETED>    ``(iii) Procedure.--A civil 
                        monetary penalty or assessment authorized under 
                        clause (ii) shall be imposed against a person 
                        in the same manner as a civil monetary penalty, 
                        assessment, or exclusion is imposed under 
                        section 1128A.''.</DELETED>

<DELETED>SEC. 105. NATIONAL NURSE AIDE REGISTRY.</DELETED>

<DELETED>    (a) Study and Report.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Areas evaluated.--The study conducted under 
        this subsection shall include an evaluation of--</DELETED>
                <DELETED>    (A) who should be included in the 
                registry;</DELETED>
                <DELETED>    (B) how such a registry would comply with 
                Federal and State privacy laws and 
                regulations;</DELETED>
                <DELETED>    (C) how data would be collected for the 
                registry;</DELETED>
                <DELETED>    (D) what entities and individuals would 
                have access to the data collected;</DELETED>
                <DELETED>    (E) how the registry would provide 
                appropriate information regarding violations of Federal 
                and State law by individuals included in the registry; 
                and</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (A) The Department of Health and Human 
                Services Office of Inspector General Report, Nurse Aide 
                Registries: State Compliance and Practices (February 
                2005).</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Funding limitation.--Funding for the study 
        conducted under this subsection shall not exceed 
        $500,000.</DELETED>
<DELETED>    (b) Establishment of National Nurse Aide Registry.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary for 
        the purpose of carrying out this subsection.</DELETED>

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

<DELETED>    (a) Screening of Skilled Nursing Facility and Nursing 
Facility Employee Applicants.--</DELETED>
        <DELETED>    (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:</DELETED>
        <DELETED>    ``(9) Screening of skilled nursing facility 
        workers.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Prohibition on hiring of abusive 
                workers.--</DELETED>
                        <DELETED>    ``(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)).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Procedures.--The procedures 
                established by the Secretary under subparagraph (A) 
                shall--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Civil penalty.--</DELETED>
                        <DELETED>    ``(i) In general.--A skilled 
                        nursing facility that violates the provisions 
                        of this paragraph shall be subject to a civil 
                        penalty in an amount not to exceed--</DELETED>
                                <DELETED>    ``(I) for the first such 
                                violation, $2,000; and</DELETED>
                                <DELETED>    ``(II) for the second and 
                                each subsequent violation within any 5-
                                year period, $5,000.</DELETED>
                        <DELETED>    ``(ii) Knowing retention of 
                        worker.--In addition to any civil penalty under 
                        clause (i), a skilled nursing facility that 
                        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.</DELETED>
                <DELETED>    ``(F) Definitions.--In this 
                paragraph:</DELETED>
                        <DELETED>    ``(i) Conviction for a relevant 
                        crime.--The term `conviction for a relevant 
                        crime' means any Federal or State criminal 
                        conviction for--</DELETED>
                                <DELETED>    ``(I) any offense 
                                described in section 1128(a); 
                                and</DELETED>
                                <DELETED>    ``(II) such other types of 
                                offenses as the Secretary may specify 
                                in regulations.</DELETED>
                        <DELETED>    ``(ii) Disqualifying 
                        information.--The term `disqualifying 
                        information' means information about a 
                        conviction for a relevant crime or a finding of 
                        patient or resident abuse.</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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:</DELETED>
        <DELETED>    ``(9) Screening of nursing facility workers.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Prohibition on hiring of abusive 
                workers.--</DELETED>
                        <DELETED>    ``(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)).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Procedures.--The procedures 
                established by the Secretary under subparagraph (A) 
                shall--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Civil penalty.--</DELETED>
                        <DELETED>    ``(i) In general.--A nursing 
                        facility that violates the provisions of this 
                        paragraph shall be subject to a civil penalty 
                        in an amount not to exceed--</DELETED>
                                <DELETED>    ``(I) for the first such 
                                violation, $2,000; and</DELETED>
                                <DELETED>    ``(II) for the second and 
                                each subsequent violation within any 5-
                                year period, $5,000.</DELETED>
                        <DELETED>    ``(ii) Knowing retention of 
                        worker.--In addition to any civil penalty under 
                        clause (i), a nursing facility that 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.</DELETED>
                <DELETED>    ``(F) Definitions.--In this 
                paragraph:</DELETED>
                        <DELETED>    ``(i) Conviction for a relevant 
                        crime.--The term `conviction for a relevant 
                        crime' means any Federal or State criminal 
                        conviction for--</DELETED>
                                <DELETED>    ``(I) any offense 
                                described in section 1128(a); 
                                and</DELETED>
                                <DELETED>    ``(II) such other types of 
                                offenses as the Secretary may specify 
                                in regulations.</DELETED>
                        <DELETED>    ``(ii) Disqualifying 
                        information.--The term `disqualifying 
                        information' means information about a 
                        conviction for a relevant crime or a finding of 
                        patient or resident abuse.</DELETED>
                        <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Application to Other Long-Term Care Facilities or 
Providers.--</DELETED>
        <DELETED>    (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:</DELETED>

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

<DELETED>    ``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.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) A home health agency.</DELETED>
        <DELETED>    ``(2) A provider of hospice care.</DELETED>
        <DELETED>    ``(3) A long-term care hospital.</DELETED>
        <DELETED>    ``(4) A provider of personal care 
        services.</DELETED>
        <DELETED>    ``(5) A residential care provider that arranges 
        for, or directly provides, long-term care services.</DELETED>
        <DELETED>    ``(6) An intermediate care facility for the 
        mentally retarded (as defined in section 1905(d)).''.</DELETED>
        <DELETED>    (2) Medicaid.--Section 1902(a) of the Social 
        Security Act (42 U.S.C. 1396a) is amended--</DELETED>
                <DELETED>    (A) in paragraph (66), by striking ``and'' 
                at the end;</DELETED>
                <DELETED>    (B) in paragraph (67), by striking the 
                period and inserting ``; and''; and</DELETED>
                <DELETED>    (C) by inserting after paragraph (67) the 
                following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (c) National Criminal Background Check Program.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Establishment.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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)).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (D) Consultation.--In establishing the 
                national criminal background check program, the 
                Secretary shall consult with appropriate interested 
                parties, including--</DELETED>
                        <DELETED>    (i) representatives of long-term 
                        care facilities or providers;</DELETED>
                        <DELETED>    (ii) representatives of employees 
                        of long-term care facilities or 
                        providers;</DELETED>
                        <DELETED>    (iii) consumers of long-term care 
                        services;</DELETED>
                        <DELETED>    (iv) consumer advocates; 
                        and</DELETED>
                        <DELETED>    (v) appropriate Federal and State 
                        officials.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Definitions.--In this subsection:</DELETED>
                <DELETED>    (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:</DELETED>
                        <DELETED>    (i) A nursing facility (as defined 
                        in subparagraph (B)).</DELETED>
                        <DELETED>    (ii) A skilled nursing facility 
                        (as defined in subparagraph (C)).</DELETED>
                        <DELETED>    (iii) A home health 
                        agency.</DELETED>
                        <DELETED>    (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)).</DELETED>
                        <DELETED>    (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)).</DELETED>
                        <DELETED>    (vi) A provider of personal care 
                        services.</DELETED>
                        <DELETED>    (vii) A residential care provider 
                        that arranges for, or directly provides, long-
                        term care services.</DELETED>
                        <DELETED>    (viii) An intermediate care 
                        facility for the mentally retarded (as defined 
                        in section 1905(d) of such Act) (42 U.S.C. 
                        1396d(d)).</DELETED>
                <DELETED>    (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)).</DELETED>
                <DELETED>    (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)).</DELETED>

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

<DELETED>SEC. 201. MODEL STATE LAWS AND PRACTICES.</DELETED>

<DELETED>    (a) In General.--The Attorney General, after consultation 
with the Secretary, shall carry out the following duties:</DELETED>
        <DELETED>    (1) Study.--Conduct a study of State laws and 
        practices relating to elder abuse, neglect, and 
        exploitation.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) a comprehensive description of State 
                laws and practices relating to elder abuse, neglect, 
                and exploitation;</DELETED>
                <DELETED>    (B) a comprehensive analysis of the 
                effectiveness of such State laws and practices; 
                and</DELETED>
                <DELETED>    (C) recommendations--</DELETED>
                        <DELETED>    (i) for model State laws and 
                        practices relating to elder abuse, neglect, and 
                        exploitation; and</DELETED>
                        <DELETED>    (ii) with respect to the 
                        definitions referred to in subsection 
                        (b)(1).</DELETED>
<DELETED>    (b) State Laws and Practices.--The Attorney General shall 
examine State laws and practices under subsection (a) on issues 
including--</DELETED>
        <DELETED>    (1) the definition of--</DELETED>
                <DELETED>    (A) ``elder'';</DELETED>
                <DELETED>    (B) ``abuse'';</DELETED>
                <DELETED>    (C) ``neglect'';</DELETED>
                <DELETED>    (D) ``exploitation''; and</DELETED>
                <DELETED>    (E) such related terms the Attorney 
                General determines to be appropriate;</DELETED>
        <DELETED>    (2) mandatory reporting laws, with respect to--
        </DELETED>
                <DELETED>    (A) who is a mandated reporter;</DELETED>
                <DELETED>    (B) to whom must they report and within 
                what time frame; and</DELETED>
                <DELETED>    (C) any consequences for not 
                reporting;</DELETED>
        <DELETED>    (3) evidentiary, procedural, sentencing, choice of 
        remedies, and data retention issues relating to pursuing cases 
        relating to elder abuse, neglect, and exploitation;</DELETED>
        <DELETED>    (4) laws requiring immediate reporting of all 
        nursing home deaths to the county coroner or to some other 
        individual or entity;</DELETED>
        <DELETED>    (5) fiduciary laws, including guardianship and 
        power of attorney laws;</DELETED>
        <DELETED>    (6) laws that permit or encourage banks and bank 
        employees to prevent and report suspected elder abuse, neglect, 
        and exploitation;</DELETED>
        <DELETED>    (7) laws that may impede research on elder abuse, 
        neglect, and exploitation;</DELETED>
        <DELETED>    (8) practices relating to the enforcement of laws 
        relating to elder abuse, neglect, and exploitation; 
        and</DELETED>
        <DELETED>    (9) practices relating to other aspects of elder 
        justice.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--</DELETED>
        <DELETED>    (1) $1,000,000 in fiscal year 2007; and</DELETED>
        <DELETED>    (2) $2,000,000 for each of fiscal years 2008 
        through 2013.</DELETED>

<DELETED>SEC. 202. OFFICE OF ELDER JUSTICE OF THE DEPARTMENT OF 
              JUSTICE.</DELETED>

<DELETED>    (a) Establishment.--There is established within the 
Department of Justice, under the Assistant Attorney General and the 
Office of Justice Programs, an Office of Elder Justice.</DELETED>
<DELETED>    (b) Director of the Office of Elder Justice.--</DELETED>
        <DELETED>    (1) Appointment.--The President, with the advice 
        and consent of the Senate, shall appoint a Director of the 
        Office of Elder Justice, from among individuals with experience 
        and expertise in elder justice issues, to manage the Office of 
        Elder Justice established under this section.</DELETED>
        <DELETED>    (2) Duties.--The Director of the Office of Elder 
        Justice shall--</DELETED>
                <DELETED>    (A)(i) develop objectives, priorities, 
                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;</DELETED>
                <DELETED>    (ii) implement the overall policies and a 
                strategy to carry out the plan described in clause (i); 
                and</DELETED>
                <DELETED>    (iii) hire personnel to assist the 
                director in carrying out the policies, programs, and 
                administrative activities related to the duties under 
                clauses (i) and (ii);</DELETED>
                <DELETED>    (B) provide advice to the Attorney General 
                on elder justice issues; and</DELETED>
                <DELETED>    (C) coordinate activities with the 
                Director of the Office of Elder Justice within the 
                Department of Health and Human Services.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 203. VICTIM ADVOCACY GRANTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Authorized Activities.--Funds awarded pursuant to 
subsection (a) shall be used for pilot programs that--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) examine special approaches designed to meet 
        the needs of victims of elder abuse, neglect, and 
        exploitation.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--</DELETED>
        <DELETED>    (1) $2,500,000 for fiscal year 2007; and</DELETED>
        <DELETED>    (2) $3,000,000 for each of fiscal years 2008 
        through 2013.</DELETED>

<DELETED>SEC. 204. SUPPORTING LOCAL PROSECUTORS IN ELDER JUSTICE 
              MATTERS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) funding specially designated elder justice 
        positions or units; or</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Duties.--The Center created under subsection (a) 
shall, among other things--</DELETED>
        <DELETED>    (1) collaborate with experts in elder abuse, 
        neglect, and exploitation;</DELETED>
        <DELETED>    (2) collaborate with the Advisory Board created by 
        section 2213 of the Social Security Act; and</DELETED>
        <DELETED>    (3) provide local prosecutors and personnel 
        assisting such prosecutors with training, technical assistance, 
        multidisciplinary teams, and input in the handling, prevention 
        and prosecution of, and special circumstances surrounding, 
        elder abuse, neglect, and exploitation.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--</DELETED>
        <DELETED>    (1) $3,000,000 for fiscal year 2007; and</DELETED>
        <DELETED>    (2) $4,00,000 for each of fiscal years 2008 
        through 2013.</DELETED>

<DELETED>SEC. 205. SUPPORTING STATE PROSECUTORS IN ELDER JUSTICE 
              MATTERS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Creating Specialized Positions.--Grants under this 
section may be made for--</DELETED>
        <DELETED>    (1) the establishment of specially designated 
        elder justice positions or units; or</DELETED>
        <DELETED>    (2) the creation of a position to coordinate elder 
        justice-related cases, training, technical assistance, and 
        policy development for State prosecutors, by the National 
        Association of Attorneys General (NAAG) or any other similarly 
        situated entity.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--</DELETED>
        <DELETED>    (1) $3,000,000 for fiscal year 2007; and</DELETED>
        <DELETED>    (2) $4,000,000 for each of fiscal years 2008 
        through 2013.</DELETED>

<DELETED>SEC. 206. INCREASED SUPPORT FOR FEDERAL CASES INVOLVING ELDER 
              JUSTICE.</DELETED>

<DELETED>    (a) Support and Assistance.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Additional staff.--The Attorney General shall 
        have additional Federal prosecutors and make funding available 
        to Federal prosecutors to hire nurse-investigators or other 
        experts needed to identify, assist with, or pursue cases 
        relating to elder justice.</DELETED>
        <DELETED>    (3) Resource group.--The Attorney General may fund 
        through the Executive Office of United States Attorneys a 
        Resource Group to assist prosecutors throughout the Nation in 
        pursuing failure of care and other cases relating to elder 
        justice matters.</DELETED>
<DELETED>    (b) Office of Inspector General.--The Office of Inspector 
General of the Department of Health and Human Services shall hire nurse 
investigators and other experts to investigate and pursue failure of 
care allegations.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--</DELETED>
        <DELETED>    (1) $3,000,000 for fiscal year 2007; and</DELETED>
        <DELETED>    (2) $4,000,000 for each of fiscal years 2008 
        through 2013.</DELETED>

<DELETED>SEC. 207. SUPPORTING LAW ENFORCEMENT IN ELDER JUSTICE 
              MATTERS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--</DELETED>
        <DELETED>    (1) $6,000,000 for fiscal year 2007; and</DELETED>
        <DELETED>    (2) $8,000,000 for each of fiscal years 2008 
        through 2013.</DELETED>

<DELETED>SEC. 208. EVALUATIONS.</DELETED>

<DELETED>    (a) Grants.--</DELETED>
        <DELETED>    (1) In general.--In making a grant under a 
        provision of this title, the granting authority shall--
        </DELETED>
                <DELETED>    (A) require the recipient of the grant 
                to--</DELETED>
                        <DELETED>    (i) reserve a portion of the funds 
                        made available through the grant; and</DELETED>
                        <DELETED>    (ii) use the reserved funds to 
                        conduct an evaluation of the other activities 
                        carried out through the grant; or</DELETED>
                <DELETED>    (B)(i) reserve a portion of the funds 
                available for the grant; and</DELETED>
                <DELETED>    (ii) use the reserved funds to provide 
                assistance to an eligible entity to conduct an 
                evaluation of the activities carried out through the 
                grant.</DELETED>
        <DELETED>    (2) Use of funds.--A recipient of a grant 
        described in paragraph (1)(A), or assistance described in 
        paragraph (1)(B)(ii), shall use the funds made available 
        through the grant, or the assistance, respectively, to conduct 
        a validated evaluation of the effectiveness of the activities 
        described in subparagraph (A) or (B), respectively, of 
        paragraph (1).</DELETED>
        <DELETED>    (3) Applications.--</DELETED>
                <DELETED>    (A) Submission.--</DELETED>
                        <DELETED>    (i) Grants for projects containing 
                        evaluations.--To be eligible to receive a grant 
                        for which the granting authority requires the 
                        reservation described in paragraph (1)(A)(i), 
                        an entity shall include a proposal for the 
                        evaluation in the application submitted for the 
                        grant.</DELETED>
                        <DELETED>    (ii) Assistance for evaluations.--
                        To be eligible to receive assistance under 
                        paragraph (1)(B)(ii), an entity shall submit an 
                        application to the granting authority at such 
                        time, in such manner, and containing such 
                        information as the granting authority may 
                        require, including a proposal for the 
                        evaluation.</DELETED>
                <DELETED>    (B) Review and assistance.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
<DELETED>    (b) Other Grants.--The granting authority shall make 
grants to appropriate entities to conduct validated evaluations of 
activities to reduce elder abuse, neglect, and exploitation that are 
not funded under this title.</DELETED>
<DELETED>    (c) Condition of Participation.--As a condition of 
participation in any grant under this title, individuals, facilities, 
and other entities shall agree to be subject to the provisions of 
section 571 of title 18, United States Code, as added by this 
Act.</DELETED>
<DELETED>    (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.</DELETED>

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

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

<DELETED>    (a) Work Opportunity Tax Credit.--</DELETED>
        <DELETED>    (1) In general.--Section 51(d)(1) of the Internal 
        Revenue Code of 1986 (relating to members of targeted groups) 
        is amended by striking ``or'' at the end of subparagraph (G), 
        by striking the period at the end of subparagraph (H) and 
        inserting ``or'', and by adding at the end the 
        following:</DELETED>
                <DELETED>    ``(I) a qualified long-term care facility 
                worker.''.</DELETED>
        <DELETED>    (2) Qualified long-term care facility worker.--
        Section 51(d) of such Code is amended by redesignating 
        paragraphs (10) through (12) as paragraphs (11) through (13), 
        respectively, and by inserting after paragraph (9) the 
        following:</DELETED>
        <DELETED>    ``(10) Qualified long-term care facility worker.--
        The term `qualified long-term care facility worker' means any 
        individual who--</DELETED>
                <DELETED>    ``(A) is hired by a long-term care 
                facility (as defined in paragraph (18) of section 2201 
                of the Social Security Act); and</DELETED>
                <DELETED>    ``(B) is certified by the designated local 
                agency as being qualified to provide long-term care (as 
                defined in paragraph (17) of such section 
                2201).''.</DELETED>
<DELETED>    (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.</DELETED>

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.
Sec. 4. Definitions.
Sec. 5. Elder Justice.

        ``Subtitle 1--Block Grants to States for Social Services

                      ``Subtitle 2--Elder Justice

        ``Sec. 2011. Definitions.
        ``Sec. 2012. General provisions.

    ``Part A--National Coordination of Elder Justice Activities and 
                                Research

 ``subpart 1--elder justice coordinating council and advisory board on 
                 elder abuse, neglect, and exploitation
        ``Sec. 2021. Elder Justice Coordinating Council.
        ``Sec. 2022. Advisory Board on Elder Abuse, Neglect, and 
                            Exploitation.
        ``Sec. 2023. Research protections.
  ``subpart 2--elder abuse, neglect, and exploitation forensic centers
        ``Sec. 2031. Establishment and support of elder abuse, neglect, 
                            and exploitation forensic centers.

              ``Part B--Programs to Promote Elder Justice

        ``Sec. 2041. Enhancement of long-term care.
        ``Sec. 2042. Adult protective services functions and grant 
                            programs.
        ``Sec. 2043. Long-term care ombudsman program grants and 
                            training.

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

        ``Sec. 2051. Collection of uniform national data on elder 
                            abuse, neglect, and exploitation.
        ``Sec. 2052. Long-term care consumer clearinghouse.
        ``Sec. 2053. Consumer information about the continuum of 
                            residential long-term care facilities.
        ``Sec. 2054. Provision of information regarding, and 
                            evaluations of, elder justice programs.
        ``Sec. 2055. Report.

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 more than 76,000,000 baby boomers approach retirement and 
        old age.
            (2) Each year, anywhere between 500,000 and 5,000,000 
        elders in the United States are abused, neglected, or 
        exploited.
            (3) Elder abuse, neglect, and exploitation have no 
        boundaries, and cross all racial, social class, gender, and 
        geographic lines.
            (4) Victims of elder abuse, neglect, and exploitation are 
        not only subject to injury from mistreatment and neglect, they 
        are also 3.1 times more likely than elders who were not victims 
        of elder abuse, neglect, and exploitation to die at an earlier 
        age than expected.
            (5) There is a general dearth of data as to the nature and 
        scope of elder abuse, neglect, and exploitation.
            (6) Despite the dearth of data in the field, experts agree 
        that most cases of elder abuse, neglect, and exploitation are 
        never reported and that abuse, neglect, and exploitation 
        shorten a victim's life, often triggering a downward spiral of 
        an otherwise productive, self-sufficient elder's life. Programs 
        addressing other difficult issues such as domestic violence and 
        child abuse and neglect have demonstrated the need for a 
        multifaceted law, combining public health, social service, and 
        law enforcement approaches.
            (7) For over 20 years, Congress has been presented with 
        facts and testimony calling for a coordinated Federal effort to 
        combat elder abuse, neglect, and exploitation.
            (8) The Federal Government has been slow to respond to the 
        needs of victims of elder abuse, neglect, and exploitation or 
        to undertake prevention efforts.
            (9) No Federal law has been enacted that adequately and 
        comprehensively addresses the issues of elder abuse, neglect, 
        and exploitation and there are very limited resources available 
        to those in the field that directly deal with the issues.
            (10) Differences in State laws and practices in the areas 
        of elder abuse, neglect, and exploitation lead to significant 
        disparities in prevention, protective and social services, 
        treatment systems, and law enforcement, and lead to other 
        inequities.
            (11) The Federal Government has played an important role in 
        promoting research, training, public safety, and data 
        collection, and 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--
                            (i) treat, assess, and provide services 
                        relating to elder abuse, neglect, and 
                        exploitation; and
                            (ii) carry out elder protection duties;
                    (D) is sensitive to ethnic and cultural diversity;
                    (E) recognizes the role of mental health, 
                disability, dementia, substance abuse, medication 
                mismanagement, and family dysfunction problems in 
                increasing and exacerbating elder abuse, neglect, and 
                exploitation; and
                    (F) balances elders' right to self-determination 
                with society's responsibility to protect elders.
            (14) The human, social, and economic cost of elder abuse, 
        neglect, and exploitation is high and includes unnecessary 
        expenditures of funds from many public programs.
            (15) The failure to coordinate activities relating to, and 
        comprehensively prevent and treat, elder abuse, neglect, and 
        exploitation threatens the future and well-being of millions of 
        elders in the United States.
            (16) All elements of society in the United States have a 
        shared responsibility in responding to a national problem of 
        elder abuse, neglect, and exploitation.

SEC. 3. PURPOSES.

    The purposes of this Act are as follows:
            (1) To enhance the social security of the Nation by 
        ensuring adequate public-private infrastructure and resolve to 
        prevent, detect, treat, understand, and intervene in, and where 
        appropriate, aid in the prosecution of, elder abuse, neglect, 
        and exploitation.
            (2) To bring a comprehensive approach to preventing and 
        combating elder abuse, neglect, and exploitation, a long 
        invisible problem that afflicts the most vulnerable among the 
        aging population of the United States.
            (3) To raise the issue of elder abuse, neglect, and 
        exploitation to national attention, and to create the 
        infrastructure at the Federal, State, and local levels, to 
        ensure that individuals and organizations on the front lines, 
        who are fighting elder abuse, neglect, and exploitation with 
        scarce resources and fragmented systems, have the resources and 
        information needed to carry out their fight.
            (4) To bring a comprehensive multidisciplinary approach to 
        elder justice.
            (5) To set in motion research and data collection to fill 
        gaps in knowledge about elder abuse, neglect, and exploitation.
            (6) To supplement the activities of service providers and 
        programs, to enhance training, and to leverage scarce resources 
        efficiently, in order to ensure that elder justice receives the 
        attention it deserves as the Nation's population ages.
            (7) 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.
            (8) To create short- and long-term strategic plans for the 
        development and coordination of elder justice research, 
        programs, studies, training, and other efforts nationwide.
            (9) To promote collaborative efforts and diminish overlap 
        and gaps in efforts in developing the important field of elder 
        justice.
            (10) To honor and respect the right of all individuals with 
        diminished capacity to decisionmaking autonomy, self-
        determination, and dignity of choice.
            (11) To respect the wishes of individuals with diminished 
        capacity and their family members in providing supportive 
        services and care plans intended to protect elders from abuse, 
        neglect (including self-neglect), and exploitation.

SEC. 4. DEFINITIONS.

    Except as otherwise specifically provided, any term that is defined 
in section 2011 of the Social Security Act (as added by section 5(a)) 
and that is used in this Act has the meaning given such term by such 
title.

SEC. 5. ELDER JUSTICE.

    (a) Elder Justice.--
            (1) In general.--Title XX of the Social Security Act (42 
        U.S.C. 1397 et seq.) is amended--
                    (A) in the heading, by inserting ``AND ELDER 
                JUSTICE'' after ``SOCIAL SERVICES'';
                    (B) by inserting before section 2001 the following:

    ``Subtitle 1--Block Grants to States for Social Services''; and

                    (C) by adding at the end the following:

                      ``Subtitle 2--Elder Justice

``SEC. 2011. DEFINITIONS.

    ``In this subtitle:
            ``(1) Abuse.--The term `abuse' means the knowing infliction 
        of physical or psychological harm or the knowing deprivation of 
        goods or services that are necessary to meet essential needs or 
        to avoid physical or psychological harm.
            ``(2) Adult protective services.--The term `adult 
        protective services' means such services provided to adults as 
        the Secretary may specify and includes services such as--
                    ``(A) disseminating reports of adult abuse, 
                neglect, or exploitation;
                    ``(B) investigating the reports described in 
                subparagraph (A);
                    ``(C) case planning, monitoring, evaluation, and 
                other case work and services; and
                    ``(D) providing, arranging for, or facilitating the 
                provision of medical, social service, economic, legal, 
                housing, law enforcement, or other protective, 
                emergency, or support services.
            ``(3) Caregiver.--The term `caregiver' means an individual 
        who has the responsibility for the care of an elder, either 
        voluntarily, by contract, by receipt of payment for care, or as 
        a result of the operation of law, and means a family member or 
        other individual who provides (on behalf of such individual or 
        of a public or private agency, organization, or institution) 
        compensated or uncompensated care to an elder who needs 
        supportive services in any setting.
            ``(4) Direct care.--The term `direct care' means care by an 
        employee or contractor who provides assistance or long-term 
        care services to a recipient.
            ``(5) Elder.--The term `elder' means an individual age 60 
        or older.
            ``(6) Elder justice.--The term `elder justice' means--
                    ``(A) from a societal perspective, efforts to--
                            ``(i) prevent, detect, treat, intervene in, 
                        and prosecute elder abuse, neglect, and 
                        exploitation; and
                            ``(ii) 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 tribal 
        organization, or any other public or private entity that is 
        engaged in and has expertise in issues relating to elder 
        justice or in a field necessary to promote elder justice 
        efforts.
            ``(8) Exploitation.--The term `exploitation' means the 
        fraudulent or otherwise illegal, unauthorized, or improper act 
        or process of an individual, including a caregiver or 
        fiduciary, that uses the resources of an elder for monetary or 
        personal benefit, profit, or gain, or that results in depriving 
        an elder of rightful access to, or use of, benefits, resources, 
        belongings, or assets.
            ``(9) Fiduciary.--The term `fiduciary'--
                    ``(A) means a person or entity with the legal 
                responsibility--
                            ``(i) to make decisions on behalf of and 
                        for the benefit of another person; and
                            ``(ii) to act in good faith and with 
                        fairness; and
                    ``(B) includes a trustee, a guardian, a 
                conservator, an executor, an agent under a financial 
                power of attorney or health care power of attorney, or 
                a representative payee.
            ``(10) Grant.--The term `grant' includes a contract, 
        cooperative agreement, or other mechanism for providing 
        financial assistance.
            ``(11) Guardianship.--The term `guardianship' means--
                    ``(A) the process by which a State court determines 
                that an adult individual lacks capacity to make 
                decisions about self-care and property, and appoints 
                another individual or entity known as a guardian, as a 
                conservator, or by a similar term, as a surrogate 
                decisionmaker;
                    ``(B) the manner in which the court-appointed 
                surrogate decisionmaker carries out duties to the 
                individual and the court; or
                    ``(C) the manner in which the court exercises 
                oversight of the surrogate decisionmaker.
            ``(12) Indian tribe.--
                    ``(A) In general.--The term `Indian tribe' has the 
                meaning given such term in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450b).
                    ``(B) Inclusion of pueblo and rancheria.--The term 
                `Indian tribe' includes any Pueblo or Rancheria.
            ``(13) Law enforcement.--The term `law enforcement' means 
        the full range of potential responders to elder abuse, neglect, 
        and exploitation including--
                    ``(A) police, sheriffs, detectives, public safety 
                officers, and corrections personnel;
                    ``(B) prosecutors;
                    ``(C) medical examiners;
                    ``(D) investigators; and
                    ``(E) coroners.
            ``(14) Long-term care.--
                    ``(A) In general.--The term `long-term care' means 
                supportive and health services specified by the 
                Secretary for individuals who need assistance because 
                the individuals have a loss of capacity for self-care 
                due to illness, disability, or vulnerability.
                    ``(B) Loss of capacity for self-care.--For purposes 
                of subparagraph (A), the term `loss of capacity for 
                self-care' means an inability to engage in 1 or more 
                activities of daily living, including eating, dressing, 
                bathing, and management of one's financial affairs.
            ``(15) Long-term care facility.--The term `long-term care 
        facility' means a residential care provider that arranges for, 
        or directly provides, long-term care.
            ``(16) Neglect.--The term `neglect' means--
                    ``(A) the failure of a caregiver or fiduciary to 
                provide the goods or services that are necessary to 
                maintain the health or safety of an elder; or
                    ``(B) self-neglect.
            ``(17) Nursing facility.--
                    ``(A) In general.--The term `nursing facility' has 
                the meaning given such term under section 1919(a).
                    ``(B) Inclusion of skilled nursing facility.--The 
                term `nursing facility' includes a skilled nursing 
                facility (as defined in section 1819(a))
            ``(18) 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.
            ``(19) Serious bodily injury.--
                    ``(A) In general.--The term `serious bodily injury' 
                means an injury--
                            ``(i) involving extreme physical pain;
                            ``(ii) involving substantial risk of death;
                            ``(iii) involving protracted loss or 
                        impairment of the function of a bodily member, 
                        organ, or mental faculty; or
                            ``(iv) requiring medical intervention such 
                        as surgery, hospitalization, or physical 
                        rehabilitation.
                    ``(B) Criminal sexual abuse.--Serious bodily injury 
                shall be considered to have occurred if the conduct 
                causing the injury is conduct described in section 2241 
                (relating to aggravated sexual abuse) or 2242 (relating 
                to sexual abuse) of title 18, United States Code, or 
                any similar offense under State law.
            ``(20) Social.--The term `social', when used with respect 
        to a service, includes adult protective services.
            ``(21) State legal assistance developer.--The term `State 
        legal assistance developer' means an individual described in 
        section 731 of the Older Americans Act of 1965.
            ``(22) 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.

``SEC. 2012. GENERAL PROVISIONS.

    ``(a) Protection of Privacy.--In pursuing activities under this 
subtitle, the Secretary shall ensure the protection of individual 
health privacy consistent with the regulations promulgated under 
section 264(c) of the Health Insurance Portability and Accountability 
Act of 1996 and applicable State and local privacy regulations.
    ``(b) Rule of Construction.--Nothing in this subtitle 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.

    ``PART A--NATIONAL COORDINATION OF ELDER JUSTICE ACTIVITIES AND 
                                RESEARCH

 ``Subpart 1--Elder Justice Coordinating Council and Advisory Board on 
                 Elder Abuse, Neglect, and Exploitation

``SEC. 2021. 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 Chair 
                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) Chair.--The member described in subsection (b)(1)(A) shall be 
Chair of the Council.
    ``(e) Meetings.--The Council shall meet at least 2 times per year, 
as determined by the Chair.
    ``(f) Duties.--
            ``(1) In general.--The Council shall make recommendations 
        to the Secretary 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 the Committee 
        on Finance of the Senate and the Committee on Ways and Means 
        and the Committee on Energy and Commerce of the House of 
        Representatives a report that--
                    ``(A) describes the activities and 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.--Subject to the 
        requirements of section 2012(a), 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 Chair of the Council, the head of such 
        department or agency shall furnish such information to the 
        Council.
            ``(2) Postal services.--The Council may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
    ``(h) Travel Expenses.--The members of the Council shall not 
receive compensation for the performance of services for the Council. 
The members shall be allowed travel expenses, including per diem in 
lieu of subsistence, at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business in the performance 
of services for the Council. Notwithstanding section 1342 of title 31, 
United States Code, the Secretary may accept the voluntary and 
uncompensated services of the members of the Council.
    ``(i) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Council without reimbursement, and such 
detail shall be without interruption or loss of civil service status or 
privilege.
    ``(j) Status as Permanent Council.--Section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.

``SEC. 2022. ADVISORY BOARD ON ELDER ABUSE, NEGLECT, AND EXPLOITATION.

    ``(a) Establishment.--There is established a board to be known as 
the `Advisory Board on Elder Abuse, Neglect, and Exploitation' (in this 
section referred to as the `Advisory Board') to create short- and long-
term multidisciplinary strategic plans for the development of the field 
of elder justice and to make recommendations to the Elder Justice 
Coordinating Council established under section 2021.
    ``(b) Composition.--The Advisory Board shall be composed of 27 
members appointed by the Secretary from among members of the general 
public who are individuals with experience and expertise in elder 
abuse, neglect, and exploitation prevention, detection, treatment, 
intervention, or prosecution.
    ``(c) 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 (b).
    ``(d) Terms.--
            ``(1) In general.--Each member of the Advisory Board shall 
        be appointed for a term of 3 years, except that, of the members 
        first appointed--
                    ``(A) 9 shall be appointed for a term of 3 years;
                    ``(B) 9 shall be appointed for a term of 2 years; 
                and
                    ``(C) 9 shall be appointed for a term of 1 year.
            ``(2) Vacancies.--
                    ``(A) In general.--Any vacancy on the Advisory 
                Board shall not affect its powers, but shall be filled 
                in the same manner as the original appointment was 
                made.
                    ``(B) Filling unexpired term.--An individual chosen 
                to fill a vacancy shall be appointed for the unexpired 
                term of the member replaced.
            ``(3) Expiration of terms.--The term of any member shall 
        not expire before the date on which the member's successor 
        takes office.
    ``(e) Election of Officers.--The Advisory Board shall elect a Chair 
and Vice Chair from among its members. The Advisory Board shall elect 
its initial Chair and Vice Chair at its initial meeting.
    ``(f) Duties.--
            ``(1) Enhance communication on promoting quality of, and 
        preventing abuse and neglect in, long-term care.--The Advisory 
        Board shall develop collaborative and innovative approaches to 
        improve the quality of, including preventing abuse and neglect 
        in, long-term care.
            ``(2) Collaborative efforts to develop consensus around the 
        management of certain quality-related factors.--
                    ``(A) In general.--The Advisory Board shall 
                establish multidisciplinary panels to address, and 
                develop consensus on, subjects relating to improving 
                the quality of long-term care. At least 1 such panel 
                shall address, and develop consensus on, methods for 
                managing resident-to-resident abuse in long-term care.
                    ``(B) Activities conducted.--The multidisciplinary 
                panels established under subparagraph (A) shall examine 
                relevant research and data, identify best practices 
                with respect to the subject of the panel, 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 such 
                subject.
            ``(3) Report.--Not later than the date that is 18 months 
        after the date of enactment of the Elder Justice Act, and 
        annually thereafter, the Advisory Board shall prepare and 
        submit to the Elder Justice Coordinating Council, the Committee 
        on Finance of the Senate, and the Committee on Ways and Means 
        and the Committee on Energy and Commerce of the House of 
        Representatives a report containing--
                    ``(A) information on the status of Federal, State, 
                and local public and private elder justice activities;
                    ``(B) recommendations (including recommended 
                priorities) regarding--
                            ``(i) elder justice programs, research, 
                        training, services, practice, enforcement, and 
                        coordination;
                            ``(ii) 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
                            ``(iii) activities relating to adult 
                        fiduciary systems, including guardianship and 
                        other fiduciary arrangements;
                    ``(C) recommendations for specific modifications 
                needed in Federal and State laws (including 
                regulations) or for programs, research, and training to 
                enhance prevention, detection, and treatment (including 
                diagnosis) of, intervention in (including investigation 
                of), and prosecution of elder abuse, neglect, and 
                exploitation;
                    ``(D) recommendations on methods for the most 
                effective coordinated national data collection with 
                respect to elder justice, and elder abuse, neglect, and 
                exploitation; and
                    ``(E) recommendations for a multidisciplinary 
                strategic plan to guide the effective and efficient 
                development of the field of elder justice.
    ``(g) Powers of the Advisory Board.--
            ``(1) Information from federal agencies.--Subject to the 
        requirements of section 2012(a), 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 of the Advisory Board, the 
        head of such department or agency shall furnish such 
        information to the Advisory Board.
            ``(2) Sharing of data and reports.--The Advisory Board may 
        request 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.
    ``(h) Travel Expenses.--The members of the Advisory Board shall not 
receive compensation for the performance of services for the Advisory 
Board. The members shall be allowed travel expenses for up to 4 
meetings per year, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Advisory 
Board. Notwithstanding section 1342 of title 31, United States Code, 
the Secretary may accept the voluntary and uncompensated services of 
the members of the Advisory Board.
    ``(i) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Advisory Board without reimbursement, 
and such detail shall be without interruption or loss of civil service 
status or privilege.
    ``(j) Status as Permanent Advisory Committee.--Section 14 of the 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
advisory board.

``SEC. 2023. RESEARCH PROTECTIONS.

    ``(a) Guidelines.--The Secretary shall promulgate guidelines to 
assist researchers working in the area of elder abuse, neglect, and 
exploitation, with issues relating to human subject protections.
    ``(b) Definition of Legally Authorized Representative for 
Application of Regulations.--For purposes of the application of subpart 
A of part 46 of title 45, Code of Federal Regulations, to research 
conducted under this subpart, 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.

``SEC. 2024. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
subpart--
            ``(1) for fiscal year 2007, $6,500,000; and
            ``(2) for each of fiscal years 2008 through 2010, 
        $7,000,000.

  ``Subpart 2--Elder Abuse, Neglect, and Exploitation Forensic Centers

``SEC. 2031. ESTABLISHMENT AND SUPPORT OF ELDER ABUSE, NEGLECT, AND 
              EXPLOITATION FORENSIC CENTERS.

    ``(a) In General.--The Secretary, in consultation with the Attorney 
General, shall make grants to eligible entities to establish and 
operate stationary and mobile forensic centers, to develop forensic 
expertise regarding, and provide services relating to, elder abuse, 
neglect, and exploitation.
    ``(b) Stationary Forensic Centers.--The Secretary shall make 4 of 
the grants described in subsection (a) to institutions of higher 
education with demonstrated expertise in forensics or commitment to 
preventing or treating elder abuse, neglect, or exploitation, to 
establish and operate stationary forensic centers.
    ``(c) Mobile Centers.--The Secretary shall make 6 of the grants 
described in subsection (a) to appropriate entities to establish and 
operate mobile forensic centers.
    ``(d) Authorized Activities.--
            ``(1) Development of forensic markers and methodologies.--
        An eligible entity that receives a grant under this section 
        shall use funds made available through the grant to assist in 
        determining whether abuse, neglect, or exploitation occurred 
        and whether a crime was committed and to conduct research to 
        describe and disseminate information on--
                    ``(A) forensic markers that indicate a case in 
                which elder abuse, neglect, or exploitation may have 
                occurred; and
                    ``(B) methodologies for determining, in such a 
                case, when and how health care, emergency service, 
                social and protective services, and legal service 
                providers should intervene and when the providers 
                should report the case to law enforcement authorities.
            ``(2) Development of forensic expertise.--An eligible 
        entity that receives a grant under this section shall use funds 
        made available through the grant to develop forensic expertise 
        regarding elder abuse, neglect, and exploitation in order to 
        provide medical and forensic evaluation, therapeutic 
        intervention, victim support and advocacy, case review, and 
        case tracking.
            ``(3) Collection of evidence.--The Secretary, in 
        coordination with the Attorney General, shall use data made 
        available by grant recipients under this section to develop the 
        capacity of geriatric health care professionals and law 
        enforcement to collect forensic evidence, including collecting 
        forensic evidence relating to a potential determination of 
        elder abuse, neglect, or exploitation.
    ``(e) Application.--To be eligible to receive a grant under this 
section, an entity shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
may require.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) for fiscal year 2007, $4,000,000;
            ``(2) for fiscal year 2008, $6,000,000; and
            ``(3) for each of fiscal years 2009 and 2010, $8,000,000.

              ``PART B--PROGRAMS TO PROMOTE ELDER JUSTICE

``SEC. 2041. ENHANCEMENT OF LONG-TERM CARE.

    ``(a) Grants and Incentives for Long-Term Care Staffing.--
            ``(1) In general.--The Secretary shall carry out 
        activities, including activities described in paragraphs (2) 
        and (3), to provide incentives for individuals to train for, 
        seek, and maintain employment providing direct care in a long-
        term care facility.
            ``(2) Specific programs to enhance training, recruitment, 
        and retention of staff.--
                    ``(A) Coordination with other programs to recruit 
                and train long-term care staff.--The Secretary shall 
                coordinate activities under this subsection with the 
                Secretary of Labor and the Assistant Secretary for the 
                Administration for Children and Families in order to 
                provide incentives to participants in programs carried 
                out under part A of title IV to train for and seek 
                employment providing direct care in a long-term care 
                facility.
                    ``(B) Career ladders and wage or benefit increases 
                to increase staffing in long-term care facilities.--
                            ``(i) In general.--The Secretary shall make 
                        grants to long-term care facilities to carry 
                        out programs through which the facilities--
                                    ``(I) offer, to employees who 
                                provide direct care to residents of a 
                                long-term care facility, continuing 
                                training and varying levels of 
                                certification, based on observed 
                                clinical care practices and the amount 
                                of time the employees spend providing 
                                direct care; and
                                    ``(II) provide, or make 
                                arrangements to provide, bonuses or 
                                other increased compensation or 
                                benefits to employees who achieve 
                                certification under such a program.
                            ``(ii) Application.--To be eligible to 
                        receive a grant under this subparagraph, a 
                        long-term care facility shall submit an 
                        application to the Secretary at such time, in 
                        such manner, and containing such information as 
                        the Secretary may require (which may include 
                        evidence of consultation with the State in 
                        which the long-term care facility is located 
                        with respect to carrying out activities funded 
                        under the grant).
                            ``(iii) Authority to limit number of 
                        applicants.--Nothing in this subparagraph shall 
                        be construed as prohibiting the Secretary from 
                        limiting the number of applicants for a grant 
                        under this subparagraph.
            ``(3) Specific programs to improve management practices.--
                    ``(A) In general.--The Secretary shall make grants 
                to long-term care facilities to enable the facilities 
                to provide training and technical assistance to 
                eligible employees.
                    ``(B) Authorized activities.--A long-term care 
                facility that receives a grant under subparagraph (A) 
                shall use funds made available through the grant to 
                provide training and technical assistance to eligible 
                employees regarding management practices using methods 
                that are demonstrated to promote retention of 
                individuals who provide direct care to residents of the 
                long-term care facility, such as--
                            ``(i) the establishment of standard human 
                        resource policies that reward high performance, 
                        including policies that provide for improved 
                        wages and benefits on the basis of job reviews;
                            ``(ii) the establishment of motivational 
                        and thoughtful work organization practices;
                            ``(iii) the creation of a workplace culture 
                        that respects and values caregivers and their 
                        needs;
                            ``(iv) the promotion of a workplace culture 
                        that respects the rights of residents of a 
                        long-term care facility and results in improved 
                        care for the residents; and
                            ``(v) the establishment of other programs 
                        that promote the provision of high quality 
                        care, such as a continuing education program 
                        that provides additional hours of training, 
                        including on-the-job training, for employees 
                        who are certified nurse aides.
                    ``(C) Application.--To be eligible to receive a 
                grant under this paragraph, a long-term care facility 
                shall submit an application to the Secretary at such 
                time, in such manner, and containing such information 
                as the Secretary may require (which may include 
                evidence of consultation with the State in which the 
                long-term care facility is located with respect to 
                carrying out activities funded under the grant).
                    ``(D) Authority to limit number of applicants.--
                Nothing in this paragraph shall be construed as 
                prohibiting the Secretary from limiting the number of 
                applicants for a grant under this paragraph.
                    ``(E) Eligible employee defined.--In this 
                paragraph, the term `eligible employee' means an 
                individual who establishes or implements management 
                practices applicable with respect to individuals who 
                provide direct care to residents of a long-term care 
                facility and includes administrators, directors of 
                nursing, staff developers, and charge nurses.
            ``(4) Accountability measures.--The Secretary shall develop 
        accountability measures to ensure that the activities conducted 
        using funds made available under this subsection benefit 
        eligible employees and increase the stability of the long-term 
        care workforce.
    ``(b) Informatics Systems Grant Program.--
            ``(1) Grants authorized.--The Secretary is authorized to 
        make grants to long-term care facilities for the purpose of 
        assisting such entities in offsetting the costs related to 
        purchasing, leasing, developing, and implementing standardized 
        clinical health care informatics systems designed to improve 
        patient safety and reduce adverse events and health care 
        complications resulting from medication errors.
            ``(2) Use of grant funds.--Funds provided under grants 
        under this subsection may be used for any of the following:
                    ``(A) Purchasing, leasing, and installing computer 
                software and hardware, including handheld computer 
                technologies.
                    ``(B) Making improvements to existing computer 
                software and hardware.
                    ``(C) Making upgrades and other improvements to 
                existing computer software and hardware to enable e-
                prescribing.
                    ``(D) Providing education and training to eligible 
                long-term care facility staff on the use of technology 
                to implement the electronic transmission of 
                prescription and patient information.
            ``(3) Application.--To be eligible to receive a grant under 
        this subsection, a long-term care facility shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may require (which 
        may include evidence of consultation with the State in which 
        the long-term care facility is located with respect to carrying 
        out activities funded under the grant).
            ``(4) Authority to limit number of applicants.--Nothing in 
        this subsection shall be construed as prohibiting the Secretary 
        from limiting the number of applicants for a grant under this 
        subsection.
            ``(5) Accountability measures.--The Secretary shall develop 
        accountability measures to ensure that the activities conducted 
        using funds made available under this subsection help improve 
        patient safety and reduce adverse events and health care 
        complications resulting from medication errors.
    ``(c) Inclusion of Adjudicated Crimes on Nursing Home Compare 
Website.--Not later than 1 year after the date of enactment of the 
Elder Justice Act, the Secretary shall ensure that the Department of 
Health and Human Services includes, as part of the information provided 
for comparison of nursing facilities on the official Internet website 
of the Federal Government for Medicare beneficiaries (commonly referred 
to as the `Nursing Home Compare' Medicare website), the number of 
adjudicated instances of criminal violations by a nursing facility or 
crimes committed by an employee of a nursing facility--
            ``(1) that were committed inside of the facility; and
            ``(2) with respect to such instances of violations or 
        crimes committed outside of the facility, that were the 
        violations or crimes of elder abuse, neglect, and exploitation, 
        criminal sexual abuse of an elder, or other violations or 
        crimes that resulted in the serious bodily injury of an elder.
    ``(d) Development of Consumer Rights Information Page on Nursing 
Home Compare Website.--Not later than 1 year after the date of 
enactment of the Elder Justice Act, the Secretary shall ensure that the 
Department of Health and Human Services, as part of the information 
provided for comparison of nursing facilities on the Nursing Home 
Compare Medicare website develops and includes a consumer rights 
information page that contains links to descriptions of, and 
information with respect to, the following:
            ``(1) The documentation on nursing facilities that is 
        available to the public.
            ``(2) General information and tips on choosing a nursing 
        facility that meets the needs of the individual.
            ``(3) General information on consumer rights with respect 
        to nursing facilities.
            ``(4) The nursing facility survey process (on a national 
        and State-specific basis).
            ``(5) On a State-specific basis, the services available 
        through the State long-term care ombudsman for such State.
    ``(e) Development and Adoption of Standards for Transactions 
Involving Clinical Data by Long-Term Care Facilities.--
            ``(1) Standards.--The Secretary shall develop and adopt 
        uniform open electronic standards for transactions involving 
        clinical data by long-term care facilities. Such standards 
        shall include messaging and nomenclature standards.
            ``(2) Compatibility with other standards.--The standards 
        developed and adopted under paragraph (1) shall be compatible 
        with standards established under part C of title XI, standards 
        established under subsections (b)(2)(B)(i) and (e)(4) of 
        section 1860D-4, and with general health information technology 
        standards.
            ``(3) Electronic submission of data to the secretary.--
                    ``(A) In general.--Not later than 10 years after 
                the date of enactment of the Elder Justice Act, the 
                Secretary shall have procedures in place to accept the 
                optional electronic submission of clinical data by 
                long-term care facilities pursuant to the standards 
                developed and adopted under paragraph (1).
                    ``(B) Rule of construction.--Nothing in this 
                subsection shall be construed to require a long-term 
                care facility to submit clinical data electronically to 
                the Secretary.
    ``(f) Regulations.--The Secretary shall promulgate regulations to 
carry out subsections (c), (d), and (e) of this section. Such 
regulations shall require a State, as a condition of the receipt of 
funds under this part, to conduct such data collection and reporting as 
the Secretary determines are necessary to satisfy the requirements of 
such subsections.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) for fiscal year 2007, $20,000,000;
            ``(2) for fiscal year 2008, $17,500,000; and
            ``(3) for each of fiscal years 2009 and 2010, $15,000,000.

``SEC. 2042. ADULT PROTECTIVE SERVICES FUNCTIONS AND GRANT PROGRAMS.

    ``(a) Secretarial Responsibilities.--
            ``(1) In general.--The Secretary shall ensure that the 
        Department of Health and Human Services--
                    ``(A) provides funding authorized by this part 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 Department of Justice;
                    ``(C) develops and disseminates information on best 
                practices regarding, and provides training on, carrying 
                out adult protective services;
                    ``(D) conducts research related to the provision of 
                adult protective services; and
                    ``(E) provides technical assistance to States and 
                other entities that provide or fund the provision of 
                adult protective services, including through grants 
                made under subsections (b) and (c).
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection, 
        $3,000,000 for fiscal year 2007 and $4,000,000 for each of 
        fiscal years 2008 through 2010.
    ``(b) Grants to Enhance the Provision of Adult Protective 
Services.--
            ``(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 the availability of 
                appropriations and subparagraphs (B) and (C), the 
                amount paid to a State for a fiscal year under the 
                program under this subsection shall equal the amount 
                appropriated for that year to carry out this subsection 
                multiplied by the percentage of the total number of 
                elders who reside in the United States who reside in 
                that State.
                    ``(B) Guaranteed minimum payment amount.--
                            ``(i) 50 states.--Subject to clause (ii), 
                        if the amount determined under subparagraph (A) 
                        for a State for a fiscal year is less than 0.75 
                        percent of the amount appropriated for such 
                        year, 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) 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 grants awarded under this 
        subsection.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection, 
        $100,000,000 for each of fiscal years 2007 through 2010.
    ``(c) State Demonstration Programs.--
            ``(1) Establishment.--The Secretary shall award grants to 
        States for the purposes of conducting demonstration programs in 
        accordance with paragraph (2).
            ``(2) Demonstration programs.--Funds made available 
        pursuant to this subsection may be used by States and local 
        units of government to conduct demonstration programs that 
        test--
                    ``(A) training modules developed for the purpose of 
                detecting or preventing elder abuse;
                    ``(B) methods to detect or prevent financial 
                exploitation of elders;
                    ``(C) methods to detect elder abuse;
                    ``(D) whether training on elder abuse forensics 
                enhances the detection of elder abuse by employees of 
                the State or local unit of government; or
                    ``(E) other matters relating to the detection or 
                prevention of elder abuse.
            ``(3) Application.--To be eligible to receive a grant under 
        this subsection, a State shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may require.
            ``(4) State reports.--Each State that receives funds under 
        this subsection shall submit a report to the Secretary at such 
        time, in such manner, and containing such information as the 
        Secretary may require on the results of the demonstration 
        program conducted by the State using funds made available under 
        this subsection.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection, 
        $25,000,000 for each of fiscal years 2007 through 2010.

``SEC. 2043. LONG-TERM CARE OMBUDSMAN PROGRAM GRANTS AND TRAINING.

    ``(a) Grants to Support the Long-Term Care Ombudsman Program.--
            ``(1) In general.--The Secretary shall make grants to 
        eligible entities with relevant expertise and experience in 
        abuse and neglect in long-term care facilities or long-term 
        care ombudsman programs and responsibilities, for the purpose 
        of--
                    ``(A) improving the capacity of State long-term 
                care ombudsman programs to respond to and resolve 
                complaints about abuse and neglect;
                    ``(B) conducting pilot programs with State long-
                term care ombudsman offices or local ombudsman 
                entities; and
                    ``(C) providing support for such State long-term 
                care ombudsman programs and such pilot programs (such 
                as through the establishment of a national long-term 
                care ombudsman resource center).
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
                    ``(A) for fiscal year 2007, $5,000,000;
                    ``(B) for fiscal year 2008, $7,500,000; and
                    ``(C) for each of fiscal years 2009 and 2010, 
                $10,000,000.
    ``(b) Ombudsman Training Programs.--
            ``(1) In general.--The Secretary shall establish programs 
        to provide and improve ombudsman training with respect to elder 
        abuse, neglect, and exploitation for national organizations and 
        State long-term care ombudsman programs.
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection, for 
        each of fiscal years 2007 through 2010, $10,000,000.

``PART C--COLLECTION OF DATA, DISSEMINATION OF INFORMATION, AND STUDIES

``SEC. 2051. COLLECTION OF UNIFORM NATIONAL DATA ON ELDER ABUSE, 
              NEGLECT, AND EXPLOITATION.

    ``(a) Purpose.--The purpose of this section is to improve, 
streamline, and promote uniform collection, maintenance, and 
dissemination of national data relating to the various types of elder 
abuse, neglect, and exploitation.
    ``(b) Phase I--Development.--
            ``(1) In general.--Not later than the date that is 1 year 
        after the date of enactment of the Elder Justice Act, the 
        Secretary, after consultation with the Attorney General, shall 
        develop--
                    ``(A) a method for collecting national data 
                regarding elder abuse, neglect, and exploitation; and
                    ``(B) uniform national data reporting forms adapted 
                to each relevant entity or discipline (such as health, 
                public safety, social and protective services, and law 
                enforcement) reflecting--
                            ``(i) the distinct manner in which each 
                        entity or discipline receives and maintains 
                        information; and
                            ``(ii) the sequence and history of reports 
                        to, or involvement of, different entities or 
                        disciplines, independently, or the sequence and 
                        history of reports from 1 entity or discipline 
                        to another over time.
            ``(2) Forms.--Subject to the requirements of section 
        2012(a), the national data reporting forms described in 
        paragraph (1)(B) shall incorporate the definitions of this 
        subtitle for use in determining whether an event is reportable.
    ``(c) Phase II--Pilot Tests.--
            ``(1) In general.--Not later than the date that is 1 year 
        after the date on which the activities described in subsection 
        (b)(1) are completed, the Secretary shall ensure that the 
        national data reporting forms and data collection methods 
        developed in accordance with such subsection are pilot tested 
        in 6 States selected by the Secretary.
            ``(2) Adjustments to the form and methods.--The Secretary, 
        after considering the results of the pilot testing described in 
        paragraph (1) and consultation with the Attorney General, shall 
        adjust the national data reporting forms and data collection 
        methods as necessary.
    ``(d) Phase III--National Distribution.--
            ``(1) Distribution of national data reporting forms.--After 
        completion of the adjustment to the national data reporting 
        forms under subsection (c)(2), the Secretary shall submit the 
        national data reporting forms along with instructions to--
                    ``(A) the heads of the relevant Federal entities as 
                may be appropriate; and
                    ``(B) the appropriate office of each State for 
                collection from all relevant State entities of data, 
                including health care, social services, and law 
                enforcement data.
            ``(2) Data collection grants.--
                    ``(A) Authorization.--The Secretary is authorized 
                to award grants to States to improve data collection 
                activities relating to elder abuse, neglect, and 
                exploitation.
                    ``(B) Application.--To be eligible to receive a 
                grant under this paragraph, a State shall submit an 
                application to the Secretary at such time, in such 
                manner, and containing such information as the 
                Secretary may require.
                    ``(C) Requirements.--Each State receiving a grant 
                under this paragraph for a fiscal year shall report 
                data for the calendar year that begins during that 
                fiscal year, using the national data reporting forms 
                described in paragraph (1).
                    ``(D) Funding.--
                            ``(i) First year.--For the first fiscal 
                        year for which a State receives grant funds 
                        under this paragraph, the Secretary shall 
                        initially distribute 50 percent of such funds 
                        to the State. The Secretary shall distribute 
                        the remaining funds to the State 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 paragraph for the calendar year.
                            ``(ii) Subsequent years.--Except as 
                        provided in clause (i), the Secretary shall 
                        distribute grant funds to a State under this 
                        paragraph for a fiscal year if the Secretary 
                        determines that the State properly reported 
                        data required under this paragraph for the 
                        calendar year that ends during that fiscal 
                        year.
                    ``(E) Required information.--Each report submitted 
                under this paragraph shall--
                            ``(i) indicate the State and year in which 
                        each event occurred; and
                            ``(ii) identify the total number of events 
                        that occurred in each State during the year and 
                        the type of each event.
    ``(e) Report.--Not later than 1 year after the date of enactment of 
the Elder Justice Act and annually thereafter, the Secretary shall 
prepare and submit to the Committee on Finance of the Senate and the 
Committee on Ways and Means and the Committee on Energy and Commerce of 
the House of Representatives a report regarding activities conducted 
under this section.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) for fiscal year 2007, $10,000,000;
            ``(2) for fiscal year 2008, $30,000,000; and
            ``(3) for each of fiscal years 2009 and 2010, $100,000,000.

``SEC. 2052. LONG-TERM CARE CONSUMER CLEARINGHOUSE.

    ``(a) Establishment.--The Secretary shall establish a long-term 
care consumer clearinghouse.
    ``(b) Information.--The clearinghouse shall provide comprehensive 
detailed information, in a consumer-friendly form, to consumers about 
choices relating to long-term care providers, such as information 
about--
            ``(1) obtaining the services of, and employing, caregivers 
        who provide long-term care at an individual's home; and
            ``(2) options for residential long-term care, such as--
                    ``(A)(i) the type of care provided by nursing 
                facilities; and
                    ``(ii) the type of care provided by group homes and 
                other residential long-term care facilities that are 
                not nursing facilities;
                    ``(B) the benefits related to long-term care that 
                are available through the programs carried out under 
                titles XVIII and XIX; and
                    ``(C) links to Federal and State Internet websites 
                that describe the care available through specific long-
                term care facilities, including data on the 
                satisfaction level of residents of, and families of 
                residents of, the facilities.
    ``(c) Providers.--In providing information on long-term care 
providers under this section, the clearinghouse shall provide 
information (from States and other sources) on assisted living 
facilities, board and care facilities, congregate care facilities, home 
health care providers, and other long-term care providers.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) for fiscal year 2007, $2,000,000;
            ``(2) for fiscal year 2008, $3,000,000; and
            ``(3) for each of fiscal years 2009 and 2010, $4,000,000.

``SEC. 2053. CONSUMER INFORMATION ABOUT THE CONTINUUM OF RESIDENTIAL 
              LONG-TERM CARE FACILITIES.

    ``(a) Study.--
            ``(1) In general.--The Secretary, after consultation with 
        the Attorney General, shall, directly or through a grant, 
        conduct a study on consumer concerns relating to residential 
        long-term care facilities, other than nursing facilities.
            ``(2) Specific topics.--The entity conducting the study 
        shall--
                    ``(A) develop definitions for classes of the 
                residential long-term care facilities described in 
                paragraph (1); and
                    ``(B) collect information on the prices of, level 
                of services provided by, oversight and enforcement 
                provisions of, and admission and discharge criteria of, 
                the facilities.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, for each of fiscal years 2007 
through 2010, $3,000,000.

``SEC. 2054. PROVISION OF INFORMATION REGARDING, AND EVALUATIONS OF, 
              ELDER JUSTICE PROGRAMS.

    ``(a) Provision of Information.--To be eligible to receive a grant 
under this part, an applicant shall agree--
            ``(1) except as provided in paragraph (2), to provide the 
        eligible entity conducting an evaluation under subsection (b) 
        of the activities funded through the grant with such 
        information as the eligible entity may require in order to 
        conduct such evaluation; or
            ``(2) in the case of an applicant for a grant under section 
        2041(b), to provide the Secretary with such information as the 
        Secretary may require to conduct an evaluation or audit under 
        subsection (c).
    ``(b) Use of Eligible Entities To Conduct Evaluations.--
            ``(1) Evaluations required.--Except as provided in 
        paragraph (2), the Secretary shall--
                    ``(A) reserve a portion (not less than 2 percent) 
                of the funds appropriated with respect to each program 
                carried out under this part; and
                    ``(B) use the funds reserved under subparagraph (A) 
                to provide assistance to eligible entities to conduct 
                evaluations of the activities funded under each program 
                carried out under this part.
            ``(2) Informatics systems grant program not included.--The 
        provisions of this subsection shall not apply to the 
        informatics systems grant program under section 2041(b).
            ``(3) Authorized activities.--A recipient of assistance 
        described in paragraph (1)(B) shall use the funds made 
        available through the assistance to conduct a validated 
        evaluation of the effectiveness of the activities funded under 
        a program carried out under this part.
            ``(4) Applications.--To be eligible to receive assistance 
        under paragraph (1)(B), an entity shall submit an application 
        to the Secretary at such time, in such manner, and containing 
        such information as the Secretary may require, including a 
        proposal for the evaluation.
            ``(5) Reports.--Not later than a date specified by the 
        Secretary, an eligible entity receiving assistance under 
        paragraph (1)(B) shall submit to the Secretary, the Committee 
        on Ways and Means and the Committee on Energy and Commerce of 
        the House of Representatives, and the Committee on Finance of 
        the Senate a report containing the results of the evaluation 
        conducted using such assistance together with such 
        recommendations as the entity determines to be appropriate.
    ``(c) Evaluations and Audits of Informatics Systems Grant Program 
by the Secretary.--
            ``(1) Evaluations.--The Secretary shall conduct an 
        evaluation of the activities funded under the informatics 
        systems grant program under section 2041(b). Such evaluation 
        shall include an evaluation of whether the funding provided 
        under the grant is expended only for the purposes for which it 
        is made.
            ``(2) Audits.--The Secretary shall conduct appropriate 
        audits of grants made under section 2041(b).

``SEC. 2055. REPORT.

    ``Not later than October 1, 2011, the Secretary shall submit to the 
Elder Justice Coordinating Council, the Committee on Finance of the 
Senate, and the Committee on Ways and Means and the Committee on Energy 
and Commerce of the House of Representatives a report--
            ``(1) compiling, summarizing, and analyzing the information 
        contained in the State reports submitted under subsections 
        (b)(4) and (c)(4) of section 2042; and
            ``(2) containing--
                    ``(A) the results of the study conducted under 
                section 2053; and
                    ``(B) such recommendations for legislative or 
                administrative action as the Secretary determines to be 
                appropriate.''.
            (2) Requirement for state plan under program for temporary 
        assistance for needy families.--
                    (A) In general.--Section 402(a)(1)(A) of the Social 
                Security Act (42 U.S.C. 602(a)(1)(A)) is amended by 
                adding at the end the following new clause:
                            ``(vii) Coordinate the program with 
                        activities carried out by the Secretary under 
                        section 2041(a) in order to facilitate such 
                        activities and provide incentives for 
                        individuals to train for, seek, and maintain 
                        employment providing direct care in a long-term 
                        care facility (as such terms are defined in 
                        section 2011).''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall take effect on October 1, 2007.
    (b) Long-Term Care Facilities.--Part A of title XI of the Social 
Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end 
the following new sections:

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

    ``Sec. 1150A.  (a) Determination and Notification.--
            ``(1) Determination.--The owner or operator of each long-
        term care facility that receives Federal funds under this Act 
        shall annually determine whether the facility received at least 
        $10,000 in such Federal funds during the preceding year.
            ``(2) Notification.--If the owner or operator determines 
        under paragraph (1) that the facility received at least $10,000 
        in such Federal funds during the preceding year, such owner or 
        operator shall annually notify each covered individual (as 
        defined in paragraph (3)) of that individual's obligation to 
        comply with the reporting requirements described in subsection 
        (b).
            ``(3) Covered individual defined.--In this section, the 
        term `covered individual' means each individual who is an 
        owner, operator, employee, manager, agent, or contractor of a 
        long-term care facility that is the subject of a determination 
        described in paragraph (1).
    ``(b) Reporting Requirements.--
            ``(1) In general.--Each covered individual shall report to 
        the Secretary and 1 or more law enforcement entities for the 
        political subdivision in which the facility is located any 
        reasonable suspicion of a crime (as defined by the law of the 
        applicable political subdivision) against any individual who is 
        a resident of, or is receiving care from, the facility.
            ``(2) Timing.--If the events that cause the suspicion--
                    ``(A) result in serious bodily injury, the 
                individual shall report the suspicion immediately, but 
                not later than 2 hours after forming the suspicion; and
                    ``(B) do not result in serious bodily injury, the 
                individual shall report the suspicion not later than 24 
                hours after forming the suspicion.
    ``(c) Penalties.--
            ``(1) In general.--If a covered individual violates 
        subsection (b)--
                    ``(A) the covered individual shall be subject to a 
                civil money penalty of not more than $200,000; or
                    ``(B) the Secretary shall classify the covered 
                individual as an excluded individual, for a period of 
                not more than 3 years.
            ``(2) Increased harm.--If a covered individual violates 
        subsection (b) and the violation exacerbates the harm to the 
        victim of the crime or results in harm to another individual--
                    ``(A) the covered individual shall be subject to a 
                civil money penalty of not more than $300,000; and
                    ``(B) the Secretary shall classify the covered 
                individual as an excluded individual, for a period of 
                not more than 3 years.
            ``(3) Excluded individual.--During any period for which a 
        covered individual is classified as an excluded individual 
        under paragraph (1)(B) or (2)(B), a long-term care facility 
        that employs such individual shall be ineligible to receive 
        Federal funds under this Act.
            ``(4) Extenuating circumstances.--
                    ``(A) In general.--The Secretary may take into 
                account the financial burden on providers with 
                underserved populations in determining any penalty to 
                be imposed under this subsection.
                    ``(B) Underserved population defined.--In this 
                paragraph, the term `underserved population' means the 
                population of an area designated by the Secretary as an 
                area with a shortage of elder justice programs or a 
                population group designated by the Secretary as having 
                a shortage of such programs. Such areas or groups 
                designated by the Secretary may include--
                            ``(i) areas or groups that are 
                        geographically isolated (such as isolated in a 
                        rural area);
                            ``(ii) racial and ethnic minority 
                        populations; and
                            ``(iii) populations underserved because of 
                        special needs (such as language barriers, 
                        disabilities, alien status, or age).
    ``(d) Additional Penalties for Retaliation.--
            ``(1) In general.--A long-term care facility may not--
                    ``(A) discharge, demote, suspend, threaten, harass, 
                or deny a promotion or other employment-related benefit 
                to an employee, or in any other manner discriminate 
                against an employee in the terms and conditions of 
                employment because of lawful acts done by the employee; 
                or
                    ``(B) file a complaint or a report against a nurse 
                or other employee with the appropriate State 
                professional disciplinary agency because of lawful acts 
                done by the nurse or employee,
        for making a report, causing a report to be made, or for taking 
        steps in furtherance of making a report pursuant to subsection 
        (b)(1).
            ``(2) Penalties for retaliation.--If a long-term care 
        facility violates subparagraph (A) or (B) of paragraph (1) the 
        facility shall be subject to a civil money penalty of not more 
        than $200,000 or the Secretary may classify the entity as an 
        excluded entity for a period of 2 years pursuant to section 
        1128(b), or both.
            ``(3) Requirement to post notice.--Each long-term care 
        facility shall post conspicuously in an appropriate location a 
        sign (in a form specified by the Secretary) specifying the 
        rights of employees under this section. Such sign shall include 
        a statement that an employee may file a complaint with the 
        Secretary against a long-term care facility that violates the 
        provisions of this subsection and information with respect to 
        the manner of filing such a complaint.
    ``(e) Procedure.--The provisions of section 1128A (other than 
subsections (a) and (b) and the second sentence of subsection (f)) 
shall apply to a civil money penalty under this section in the same 
manner as such provisions apply to a penalty or proceeding under 
section 1128A(a).
    ``(f) Definitions.--In this section, the terms `elder justice', 
`long-term care facility', and `law enforcement' have the meanings 
given those terms in section 2011.

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

    ``Sec. 1150B.  (a) Notification of Facility Closure.--If the owner 
or operator determines under section 1150A(a)(1) that a long-term care 
facility received at least $10,000 in Federal funds under this Act 
during the preceding year, the owner or operator of the facility 
shall--
            ``(1) submit to the Secretary and the appropriate State 
        regulatory agency written notification of an impending closure 
        not later than the date that is 60 days prior to the date of 
        such closure;
            ``(2) include in the notice a plan for the transfer and 
        adequate relocation of the residents of the facility prior to 
        closure, including assurances that the residents will be 
        transferred to the most appropriate facility in terms of 
        quality, services, and location; and
            ``(3) not later than 10 days after the facility closure, 
        submit to the Secretary and the appropriate State agency 
        information identifying where residents of the closed facility 
        were transferred and on what date.
    ``(b) Sanctions.--Any person owning or operating a long-term care 
facility that fails to comply with the requirements of subsection (a) 
shall be subject to--
            ``(1) a civil monetary penalty of up to $1,000,000;
            ``(2) exclusion from participation in the programs under 
        this Act (in accordance with the procedures of section 1128); 
        and
            ``(3) any other applicable civil monetary penalties and 
        assessments.
    ``(c) Procedure.--The provisions of section 1128A (other than 
subsections (a) and (b) and the second sentence of subsection (f)) 
shall apply to a civil money penalty or assessment under this section 
in the same manner as such provisions apply to a penalty or proceeding 
under section 1128A(a).
    ``(d) Definition.--In this section, the term `long-term care 
facility' has the meaning given that term in section 2011.''.
    (c) National Nurse Aide Registry.--
            (1) Definition of nurse aide.--In this section, the term 
        ``nurse aide'' has the meaning given that term in sections 
        1819(b)(5)(F) and 1919(b)(5)(F) of the Social Security Act (42 
        U.S.C. 1395i-3(b)(5)(F); 1396r(b)(5)(F)).
            (2) Study and report.--
                    (A) 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.
                    (B) Areas evaluated.--The study conducted under 
                this subsection shall include an evaluation of--
                            (i) who should be included in the registry;
                            (ii) how such a registry would comply with 
                        Federal and State privacy laws and regulations;
                            (iii) how data would be collected for the 
                        registry;
                            (iv) what entities and individuals would 
                        have access to the data collected;
                            (v) how the registry would provide 
                        appropriate information regarding violations of 
                        Federal and State law by individuals included 
                        in the registry;
                            (vi) 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
                            (vii) how the information included in State 
                        nurse aide registries developed and maintained 
                        under sections 1819(e)(2) and 1919(e)(2) of the 
                        Social Security Act (42 U.S.C. 1395i-3(e)(2); 
                        1396r(e)(2)(2)) would be provided as part of a 
                        national nurse aide registry.
                    (C) 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 and other 
                relevant resources, including the following:
                            (i) The Department of Health and Human 
                        Services Office of Inspector General Report, 
                        Nurse Aide Registries: State Compliance and 
                        Practices (February 2005).
                            (ii) 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).
                            (iii) 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).
                            (iv) 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 and 
                        appendix F).
                            (v) 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.
                            (vi) Information included in State nurse 
                        aide registries developed and maintained under 
                        sections 1819(e)(2) and 1919(e)(2) of the 
                        Social Security Act (42 U.S.C. 1395i-3(e)(2); 
                        1396r(e)(2)(2)).
                    (D) Report.--Not later than 18 months after the 
                date of enactment of this Act, the Secretary shall 
                submit a report to the Elder Justice Coordinating 
                Council, the Committee on Finance of the Senate, and 
                the Committee on Ways and Means and the Committee on 
                Energy and Commerce of the House of Representatives 
                containing the findings and recommendations of the 
                study conducted under this paragraph.
                    (E) Funding limitation.--Funding for the study 
                conducted under this subsection shall not exceed 
                $500,000.
            (3) Congressional action.--After receiving the report 
        submitted by the Secretary under paragraph (1)(D), the 
        Committee on Finance of the Senate and the Committee on Ways 
        and Means and the Committee on Energy and Commerce of the House 
        of Representatives shall, as they deem appropriate, take action 
        based on the recommendations contained in the report.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary for the purpose 
        of carrying out this subsection.
    (d) Conforming Amendments.--
            (1) Title xx.--Title XX of the Social Security Act (42 
        U.S.C. 1397 et seq.), as amended by section 5(a), is amended--
                    (A) in the heading of section 2001, by striking 
                ``title'' and inserting ``subtitle''; and
                    (B) in subtitle 1, by striking ``this title'' each 
                place it appears and inserting ``this subtitle''.
            (2) Title iv.--Title IV of such Act (42 U.S.C. 601 et seq.) 
        is amended--
                    (A) in section 404(d)--
                            (i) in paragraphs (1)(A), (2)(A), and 
                        (3)(B), by inserting ``subtitle 1 of'' before 
                        ``title XX'' each place it appears;
                            (ii) in the heading of paragraph (2), by 
                        inserting ``subtitle 1 of'' before ``title 
                        xx''; and
                            (iii) in the heading of paragraph (3)(B), 
                        by inserting ``subtitle 1 of'' before ``title 
                        xx''; and
                    (B) in sections 422(b), 471(a)(4), 472(h)(1), and 
                473(b)(2), by inserting ``subtitle 1 of'' before 
                ``title XX'' each place it appears.
            (3) Title xi.--Title XI of the Social Security Act (42 
        U.S.C. 1301 et seq.) is amended--
                    (A) in section 1128(h)(3)--
                            (i) by inserting ``subtitle 1 of'' before 
                        ``title XX''; and
                            (ii) by striking ``such title'' and 
                        inserting ``such subtitle''; and
                    (B) in section 1128A(i)(1), by inserting ``subtitle 
                1 of'' before ``title XX''.
                                                       Calendar No. 617

109th CONGRESS

  2d Session

                                S. 2010

                          [Report No. 109-337]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 19, 2006

                       Reported with an amendment