Elder Justice Act - (Sec. 5) Amends the Social Security Act (SSA) to include an Elder Justice program under title XX (Block Grants to States for Social Services) of that Act.
Requires the Secretary of Health and Human Services (HHS), in pursuing activities under this program, to ensure the protection of individual health privacy consistent with regulations under the Health Insurance Portability and Accountability Act of 1996 (HIPA) and applicable state and local privacy regulations.
Establishes within the Office of the Secretary an Elder Justice Coordinating Council (EJCC) to make recommendations for 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.
Establishes the Advisory Board on Elder Abuse, Neglect, and Exploitation to create short- and long-term multidisciplinary strategic plans for the development of the field of elder justice and to make recommendations to the EJCC. Requires the Advisory Board to: (1) develop collaborative and innovative approaches to improve the quality of long-term care, including prevention of abuse and neglect; and (2) establish multidisciplinary panels to address and develop consensus on subjects relating to improving the quality of long-term care.
Directs the Secretary to promulgate guidelines to assist researchers working in the area of elder abuse, neglect, and exploitation with issues relating to human subject protections.
Authorizes appropriations for FY2007-FY2010 to carry out the Elder Justice program.
Directs the Secretary to 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.
Directs the Secretary to make: (1) four grants for stationary centers to institutions of higher education with demonstrated expertise in forensics or commitment to preventing or treating elder abuse, neglect, or exploitation; and (2) six grants for mobile centers to appropriate entities.
Requires a grant recipient to use such funds 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: (1) forensic markers that indicate a case in which elder abuse, neglect, or exploitation may have occurred; and (2) methodologies for determining, in such a case, when and how health care emergency services, social and protective services, and legal services providers should intervene, and when the providers should report the case to law enforcement authorities.
Requires a grant recipient to use such funds 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.
Directs the Secretary to use data made available by grant recipients to develop the capacity of geriatric health care professionals and law enforcement to collect forensic evidence, including any relating to a potential determination of elder abuse, neglect, or exploitation.
Authorizes appropriations for such grants for FY2007-FY2010.
Directs the Secretary to carry out activities to provide incentives for individuals to train for, seek, and maintain employment providing direct care in a long-term care (LTC) facility. Includes among such activities those related to specific programs to enhance training, recruitment, and retention of long-term care staff and specific programs to improve management practices at LTC facilities.
Directs the Secretary to coordinate staff recruitment and training 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 under part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to train and seek employment providing direct care in an LTC facility.
Directs the Secretary to make grants to LTC facilities to carry out programs through which they: (1) offer continuing training and varying levels of certification to employees who provide direct care to residents of an LTC facility; and (2) provide or arrange to provide bonuses or other increased compensation or benefits to employees who achieve certification under such a program.
Directs the Secretary to make grants to enable LTC facilities to provide training and technical assistance to eligible employees. Requires such a grant recipient to provide such training and technical assistance about management practices, using methods demonstrated to promote retention of individuals giving direct care to residents of such facilities.
Authorizes the Secretary to make grants to assist LTC facilities 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.
Directs the Secretary to ensure that HHS includes a consumer rights page as part of the information provided for comparison of nursing facilities on the Nursing Home Compare Medicare website, as well as the number of adjudicated instances of criminal violations by a nursing facility, or crimes committed by a nursing facility employee, involving elder abuse (including criminal sexual abuse), neglect, or exploitation.
Directs the Secretary to develop and adopt uniform open electronic standards for transactions involving clinical data by LTC facilities.
Requires the Secretary within 10 years to have procedures in place to accept the optional electronic submission of clinical data by LTC facilities pursuant to such standards.
Authorizes appropriations for such training grants for FY2007-FY2010.
Directs the Secretary to ensure that HHS: (1) provides funding to state and local adult protective services services offices that investigate reports of abuse, neglect, and exploitation of elders; (2) collects and disseminates related data in coordination with the Department of Justice; (3) develops and disseminates information on best practices regarding, and provides training on, adult protective services; (4) conducts related research; and (5) provides technical assistance to states and other entities providing or funding adult protective services. Authorizes appropriations for FY2007-FY2010.
Establishes a program of annual adult protective services grants to states to enhance state and local adult protective services. Authorizes appropriations for FY2007-FY2010.
Directs the Secretary to award grants to states for demonstration programs that test modules and methods for detection or prevention of elder abuse. Authorizes appropriations for FY2007-FY2010.
Directs the Secretary to make grants to eligible entities to: (1) improve the capacity of state long-term care ombudsman programs to respond to and resolve complaints about abuse and neglect; (2) conduct pilot programs with state or local long-term care ombudsman offices; and (3) support all such programs. Authorizes appropriations for FY2007-FY2010.
Directs the Secretary to establish programs to provide and improve ombudsman training for national organizations and state long-term care ombudsman programs. Authorizes appropriations for FY2007-FY2010.
Directs the Secretary to develop: (1) a method for collecting national data regarding elder abuse, neglect, and exploitation; and (2) uniform national data reporting forms adapted to each relevant entity or discipline.
Requires the Secretary to ensure that the reporting forms and data collection methods developed are pilot tested in six states.
Authorizes the Secretary to award grants to states to improve data collection activities relating to elder abuse, neglect, and exploitation. Authorizes appropriations for FY2007-FY2010.
Directs the Secretary to establish a long-term care consumer clearinghouse to provide comprehensive detailed information, in a consumer-friendly form, to consumers about choices relating to long-term care providers. Authorizes appropriations for FY2007-FY2010.
Directs the Secretary, directly or through a grant, to study consumer concerns relating to residential LTC facilities other than nursing facilities. Authorizes appropriations for FY2007-FY2010.
Provides for evaluation of elder justice programs.
Amends part A of SSA title XI to require each individual LTC facility owner, operator, employee, manager, agent, or contractor to report to the Secretary and local law enforcement entities any reasonable suspicion of crimes occurring in LTC facilities that received at least $10,000 in federal funds during the preceding calendar year. Establishes penalties for violations and for retaliation against reporting individuals.
Requires the owner or operator of an LTC facility that received at least $10,000 in federal funds under this Act during the preceding year to: (1) notify the Secretary and the appropriate state regulatory agency of an impending closure of the facility not later than 60 days before such closure; (2) include in the notice a plan for the transfer and adequate relocation of facility residents before closure, including assurances that they 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 closes identify to the Secretary and the appropriate state agency information where and when they were transferred. Establishes penalties for violation of these requirements.
Directs the Secretary to study and report to the EJCC and appropriate congressional committees on establishing a national nurse aide registry. Authorizes appropriations.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2010 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 2010
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, and Mr. Kohl)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To amend the Social Security Act to enhance the Social Security of the
Nation by ensuring adequate public-private infrastructure and to
resolve to prevent, detect, treat, intervene in, and prosecute elder
abuse, neglect, and exploitation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Elder Justice
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Sec. 101. Amendment to the Social Security Act.
Sec. 102. Supporting the long-term care ombudsman program.
Sec. 103. Adult protective services functions and grant programs.
Sec. 104. Assuring safety of residents when nursing facilities close.
Sec. 105. National nurse aide registry.
Sec. 106. Background checks on direct access employees of long-term
care facilities or providers.
TITLE II--DEPARTMENT OF JUSTICE
Sec. 201. Model State laws and practices.
Sec. 202. Office of Elder Justice of the Department of Justice.
Sec. 203. Victim advocacy grants.
Sec. 204. Supporting local prosecutors in elder justice matters.
Sec. 205. Supporting state prosecutors in elder justice matters.
Sec. 206. Increased support for federal cases involving elder justice.
Sec. 207. Supporting law enforcement in elder justice matters.
Sec. 208. Evaluations.
TITLE III--TAX PROVISIONS
Sec. 301. Long-term care facility worker employment tax credit.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The proportion of the United States population age 60
years or older will drastically increase in the next 30 years
as 77,000,000 baby boomers approach retirement and old age.
(2) Each year, anywhere between 500,000 and 5,000,000
elders in the United States are abused, neglected, or
exploited.
(3) Elder abuse, neglect, and exploitation have no
boundaries, and cross all racial, social class, gender, and
geographic lines.
(4) Victims of elder abuse, neglect, and exploitation are
not only subject to injury from mistreatment and neglect, they
are also 3.1 times more likely to die at an earlier age than
expected than elders who were not victims of elder abuse,
neglect, and exploitation.
(5) There is a general dearth of data as to the nature and
scope of elder abuse, neglect, and exploitation.
(6) Despite the dearth of data in the field, experts agree
that most cases of elder abuse, neglect, and exploitation are
never reported and that abuse and neglect shorten a victim's
life, often triggering a downward spiral of an otherwise
productive, self-sufficient elder's life. Programs addressing
other difficult issues such as domestic violence and child
abuse and neglect have demonstrated the need for a multi-
faceted law combining public health, social service, and law
enforcement approaches.
(7) For over 20 years, Congress has been presented with
facts and testimony calling for a coordinated Federal effort to
combat elder abuse, neglect, and exploitation.
(8) The Federal Government has been slow to respond to the
needs of victims of elder abuse, neglect, and exploitation or
to undertake prevention efforts.
(9) No Federal law has been enacted that adequately and
comprehensively addresses the issues of elder abuse, neglect,
and exploitation and there are very limited resources available
to those in the field directly dealing with these issues.
(10) Differences in State laws and practices in the areas
of elder abuse, neglect, and exploitation lead to significant
disparities in prevention, protective and social services,
treatment systems, and law enforcement, and lead to other
inequities.
(11) The Federal Government has played an important role in
promoting research, training, public safety, data collection,
the identification, development, and dissemination of promising
health care, social, and protective services, and law
enforcement practices relating to child abuse and neglect,
domestic violence, and violence against women. The Federal
Government should promote similar efforts and protections
relating to elder abuse, neglect, and exploitation.
(12) The Federal Government should provide leadership and
assist States and communities in their efforts to protect
elders in the United States by--
(A) promoting coordinated planning among all levels
of government;
(B) generating and sharing knowledge relevant to
protecting elders;
(C) providing leadership to combat the abuse,
neglect, and exploitation of the Nation's elders; and
(D) providing resources to States and communities
to promote elder justice.
(13) The problem of elder abuse, neglect, and exploitation
requires a comprehensive approach that--
(A) integrates the work of health, legal, and
social service agencies and organizations;
(B) emphasizes the need for prevention, reporting,
investigation, assessment, treatment, and prosecution
of elder abuse, neglect, and exploitation at all levels
of government;
(C) ensures that sufficient numbers of properly
trained personnel with specialized knowledge are in
place to treat, assess, and provide services relating
to elder abuse, neglect, and exploitation, and carry
out elder and vulnerable adult protection duties;
(D) is sensitive to ethnic and cultural diversity;
(E) recognizes the role of mental health,
disability, dementia, substance abuse, medication
mismanagement, and family dysfunction problems in
increasing and exacerbating elder abuse, neglect, and
exploitation; and
(F) balances adults' right to self-determination
with society's responsibility to protect elders and
vulnerable adults.
(14) The human, social, and economic cost of elder abuse,
neglect, and exploitation is high and includes unnecessary
expenditures of medicare and medicaid funds.
(15) The failure to coordinate activities relating to, and
comprehensively prevent and treat, elder abuse, neglect, and
exploitation threatens the future and well-being of millions of
elders in the United States.
(16) All elements of society in the United States have a
shared responsibility in responding to the national problem of
elder abuse, neglect, and exploitation.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To bring a comprehensive approach to preventing and
combating elder abuse, neglect, and exploitation, a long
invisible problem that afflicts the most vulnerable among the
aging population of the United States.
(2) To raise the issue of elder abuse, neglect, and
exploitation to national attention, and to create the
infrastructure at the Federal, State, and local levels to
ensure that individuals and organizations on the front lines
who are fighting elder abuse, neglect, and exploitation with
scarce resources and fragmented systems have the resources and
information needed to carry out their fight.
(3) To bring a comprehensive multi-disciplinary approach to
elder justice.
(4) To set in motion research and data collection to fill
gaps in knowledge about elder abuse, neglect, and exploitation.
(5) To supplement the activities of service providers and
programs, to enhance training, and to leverage scarce resources
efficiently to ensure that elder justice receives the attention
it deserves as the Nation's population ages.
(6) To examine the many different laws and practices
relating to elder justice in different States and jurisdictions
to ascertain which among those laws and practices are the most
effective.
(7) To promote the development of an effective adult
fiduciary system, including an adult guardianship system, that
protects individuals with diminished capacity, maximizes their
autonomy, and develops effective resources and an elder rights
system.
(8) To recognize and address the role of mental health,
disability, dementia, substance abuse, medication
mismanagement, and family dysfunction problems in increasing
and exacerbating elder abuse, neglect, and exploitation.
(9) To create a short- and long-term strategic plan for the
development and coordination of elder justice research,
programs, studies, training, and other efforts nationwide.
(10) To promote collaborative efforts and diminish overlap
and gaps in efforts in developing the important field of elder
justice.
TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES
SEC. 101. AMENDMENT TO THE SOCIAL SECURITY ACT.
The Social Security Act (42 U.S.C. 301 et seq.) is amended by
adding at the end the following:
``TITLE XXII--ELDER JUSTICE
``SEC. 2201. DEFINITIONS.
``In this title:
``(1) Abuse.--The term `abuse' means the knowing infliction
of physical or psychological harm or the knowing deprivation of
goods or services that are necessary to meet essential needs or
to avoid physical or psychological harm.
``(2) Adult protective services.--The term `adult
protective services' means such services provided to adults as
the Secretary may specify and includes services such as--
``(A) disseminating reports of adult abuse,
neglect, or exploitation;
``(B) investigating the reports described in
subparagraph (A);
``(C) case planning, monitoring, evaluation, and
other case work and services; and
``(D) providing, arranging for, or facilitating the
provision of medical, social service, economic, legal,
housing, law enforcement, or other protective,
emergency, or support services.
``(3) Caregiver.--The term `caregiver' means an individual
who has the responsibility for the care of an elder, either
voluntarily, by contract, by receipt of payment for care, or as
a result of the operation of law and includes a family member
or other individual who provides (on behalf of such individual
or of a public or private agency, organization, or institution)
compensated or uncompensated care to an elder who needs
supportive services in any setting.
``(4) Direct care.--The term `direct care' means care by a
caregiver who provides assistance or long-term care services to
a recipient.
``(5) Elder.--The term `elder' means an individual age 60
or older.
``(6) Elder justice.--The term `elder justice' means--
``(A) from a societal perspective, efforts to
prevent, detect, treat, intervene in, and prosecute
elder abuse, neglect, and exploitation and to protect
elders with diminished capacity while maximizing their
autonomy; and
``(B) from an individual perspective, the
recognition of an elder's rights, including the right
to be free of abuse, neglect, and exploitation.
``(7) Eligible entity.--The term `eligible entity' means a
State or local government agency, Indian tribe, or any other
public or private entity that is engaged in and has expertise
in issues relating to elder justice or in a field necessary to
promote elder justice efforts.
``(8) Exploitation.--The term `exploitation' means the
fraudulent or otherwise illegal, unauthorized, or improper act
or process of an individual, including a caregiver or
fiduciary, that uses the resources of an elder for monetary or
personal benefit, profit, or gain, or that results in depriving
an elder of rightful access to, or use of, benefits, resources,
belongings, or assets.
``(9) Fiduciary.--The term `fiduciary'--
``(A) means a person or entity with the legal
responsibility--
``(i) to make decisions on behalf of and
for the benefit of another person; and
``(ii) to act in good faith and with
fairness; and
``(B) includes a trustee, a guardian, a
conservator, an executor, an agent under a financial
power of attorney or health care power of attorney, or
a representative payee.
``(10) Grant.--The term `grant' includes a contract,
cooperative agreement, or other mechanism for providing
financial assistance.
``(11) Granting authority.--The term `granting authority'
means the Secretary, the Attorney General, or the Secretary and
the Attorney General jointly, as appropriate.
``(12) Guardianship.--The term `guardianship' means--
``(A) the process by which a State court determines
that an adult individual lacks capacity to make
decisions about self-care and property, and appoints
another individual or entity known as a guardian, as a
conservator, or by a similar term, as surrogate
decision maker;
``(B) the manner in which the court-appointed
surrogate carries out duties to the individual and the
court; or
``(C) the manner in which the court exercises
oversight of the surrogate.
``(13) Indian.--The term `Indian' means a person who is a
member of an Indian tribe.
``(14) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaska Native village or regional
corporation as defined in or established pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.
``(15) Knowingly.--The term `knowingly' has the meaning
given such term in section 3729(b) of title 31, United States
Code.
``(16) Law enforcement.--The term `law enforcement' means
the full range of potential responders to elder abuse, neglect,
and exploitation including--
``(A) police, sheriffs, detectives, public safety
officers, and corrections personnel;
``(B) prosecutors;
``(C) medical examiners;
``(D) investigators; and
``(E) coroners.
``(17) Long-term care.--
``(A) In general.--The term `long-term care' means
supportive and health services specified by the
Secretary for individuals who need assistance because
the individuals have a loss of capacity for self-care
due to illness, disability, or vulnerability.
``(B) Loss of capacity for self-care.--For purposes
of subparagraph (A), the term `loss of capacity for
self-care' means an inability to engage in activities
of daily living, including eating, dressing, bathing,
and management of one's financial affairs.
``(18) Long-term care facility.--The term `long-term care
facility' means a residential care provider that arranges for,
or directly provides, long-term care.
``(19) Neglect.--The term `neglect' means--
``(A) the failure of a caregiver or fiduciary to
provide the goods or services that are necessary to
maintain the health or safety of an elder; or
``(B) self-neglect.
``(20) Nursing facility.--The term `nursing facility' has
the meaning given such term under section 1919(a).
``(21) Self-neglect.--The term `self-neglect' means an
adult's inability, due to physical or mental impairment or
diminished capacity, to perform essential self-care tasks
including--
``(A) obtaining essential food, clothing, shelter,
and medical care;
``(B) obtaining goods and services necessary to
maintain physical health, mental health, or general
safety; or
``(C) managing one's own financial affairs.
``(22) Serious bodily injury.--
``(A) In general.--The term `serious bodily injury'
means an injury--
``(i) involving extreme physical pain;
``(ii) involving substantial risk of death;
``(iii) involving protracted loss or
impairment of the function of a bodily member,
organ, or mental faculty; or
``(iv) requiring medical intervention such
as surgery, hospitalization, or physical
rehabilitation.
``(B) Criminal sexual abuse.--Serious bodily injury
shall be considered to have occurred if the conduct
causing the injury is conduct constituting aggravated
sexual abuse under section 2241, or sexual abuse under
section 2242, of title 18, United States Code, or any
similar offense under State law.
``(23) Social.--The term `social', when used with respect
to a service, includes adult protective services.
``(24) State.--The term `State' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Mariana Islands.
``(25) State long-term care ombudsman.--The term `State
Long-Term Care Ombudsman' means the State Long-Term Care
Ombudsman described in section 712(a)(2) of the Older Americans
Act of 1965.
``(26) Underserved population.--The term `underserved
population' means the population of an area designated by the
Secretary as an area with a shortage of elder justice programs
or a population group designated by the Secretary as having a
shortage of such programs. Such areas or groups designated by
the Secretary may include--
``(A) areas or groups that are geographically
isolated (such as isolated in a rural area);
``(B) racial and ethnic minority populations; and
``(C) populations underserved because of special
needs (such as language barriers, disabilities, alien
status, or age).
``Subtitle A--Federal Elder Justice System
``SEC. 2211. OFFICE OF ELDER JUSTICE OF THE DEPARTMENT OF HEALTH AND
HUMAN SERVICES.
``(a) Establishment.--There is established within the Department of
Health and Human Services under the Assistant Secretary for Aging an
Office of Elder Justice.
``(b) Director.--
``(1) Appointment.--The President, with the advice and
consent of the Senate, shall appoint a Director of the Office
of Elder Justice, from among individuals with experience and
expertise in elder justice issues, to manage the Office of
Elder Justice established under this section.
``(2) Duties.--The Director of the Office of Elder Justice
shall--
``(A)(i) develop objectives, priorities, policies,
and a long-term plan for elder justice programs and
activities relating to prevention, detection, training,
treatment, evaluation, intervention, research, and
improvement of the elder justice system in the United
States;
``(ii) implement the overall policies and a
strategy to carry out the plan described in clause (i);
and
``(iii) hire personnel to assist the director in
carrying out the policies, programs, and administrative
activities related to the duties under clauses (i) and
(ii); and
``(B) provide advice to the Secretary on elder
justice issues.
``(3) Reporting relationship.--The Director of the Office
of Elder Justice shall report to the Assistant Secretary for
Aging.
``(4) Compensation.--The Director shall be compensated at a
rate that shall not exceed the rate established for level I of
the Executive Schedule under section 5312 of title 5, United
States Code.
``SEC. 2212. ELDER JUSTICE COORDINATING COUNCIL.
``(a) Establishment.--There is established within the Office of the
Secretary an Elder Justice Coordinating Council (in this section
referred to as the `Council').
``(b) Membership.--
``(1) In general.--The Council shall be composed of the
following members:
``(A) The Secretary (or the Secretary's designee).
``(B) The Attorney General (or the Attorney
General's designee).
``(C) The head of each Federal department or agency
or other governmental entity identified by the Co-
Chairs referred to in subsection (d) as having
responsibilities or administering programs relating to
elder abuse, neglect, and exploitation.
``(2) Requirement.--Each member of the Council shall be an
officer or employee of the Federal Government.
``(c) Vacancies.--Any vacancy in the Council shall not affect its
powers, but shall be filled in the same manner as the original
appointment was made.
``(d) Co-Chairs.--The members described in subparagraphs (A) and
(B) of subsection (b)(1) shall be Co-Chairs of the Council.
``(e) Meetings.--The Council shall meet at least 2 times per year,
as determined by the Co-Chairs.
``(f) Duties.--
``(1) In general.--The Council shall make recommendations
to the Secretary and the Attorney General for the coordination
of activities of the Department of Health and Human Services,
the Department of Justice, and other relevant Federal, State,
local, and private agencies and entities, relating to elder
abuse, neglect, and exploitation and other crimes against
elders.
``(2) Report.--Not later than the date that is 2 years
after the date of enactment of the Elder Justice Act and every
2 years thereafter, the Council shall submit to Congress a
report that--
``(A) describes the activities of, accomplishments
of, and challenges faced by--
``(i) the Council; and
``(ii) the entities represented on the
Council; and
``(B) makes such recommendations for legislation,
model laws, or other action as the Council determines
to be appropriate.
``(g) Powers of the Council.--
``(1) Information from federal agencies.--
``(A) In general.--Subject to subparagraph (B), the
Council may secure directly from any Federal department
or agency such information as the Council considers
necessary to carry out this section. Upon request of
the Co-Chairs of the Council, the head of such
department or agency shall furnish such information to
the Council.
``(B) Protection of privacy.--The Secretary shall
oversee the activities of the Council under this
paragraph in order to ensure the protection of
individual health privacy consistent with the
regulations promulgated under section 264(c) of the
Health Insurance Portability and Accountability Act of
1996 and State and local privacy regulations (as
applicable).
``(2) Postal services.--The Council may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
``(h) Travel Expenses.--The members of the Council shall not
receive compensation for the performance of services for the Council.
The members shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of agencies
under subchapter 1 of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the performance
of services for the Council. Notwithstanding section 1342 of title 31,
United States Code, the Secretary may accept the voluntary and
uncompensated services of the members of the Council.
``(i) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Council without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
``SEC. 2213. ADVISORY BOARD ON ELDER ABUSE, NEGLECT, AND EXPLOITATION.
``(a) Establishment.--There is established a board to be known as
the `Advisory Board on Elder Abuse, Neglect, and Exploitation' (in this
section referred to as the `advisory board') to create a short- and
long-term multidisciplinary strategic plan for the development of the
field of elder justice, and to make recommendations to the Secretary,
the Attorney General, and the Elder Justice Coordinating Council
established under section 2212.
``(b) Solicitation of Nominations.--The Secretary shall publish a
notice in the Federal Register soliciting nominations for the
appointment of members of the advisory board under subsection (c).
``(c) Composition.--The advisory board shall be composed of 27
members appointed by the Secretary from the general public who are
individuals with experience and expertise in elder abuse, neglect, and
exploitation prevention, intervention, treatment, detection, or
prosecution.
``(d) Vacancies.--
``(1) In general.--Any vacancy in the Advisory Board shall
not affect its powers, but shall be filled in the same manner
as the original appointment was made.
``(2) Filling unexpired term.--An individual chosen to fill
a vacancy shall be appointed for the unexpired term of the
member replaced.
``(e) Election of Officers.--The advisory board shall elect a
chairperson and vice chairperson from among the members. The advisory
board shall elect its initial chairperson and vice chairperson at its
initial meeting.
``(f) Duties.--Not later than 18 months after the establishment of
the advisory board under subsection (a), and annually thereafter, the
advisory board shall prepare and submit to the Secretary, the Attorney
General, and the appropriate committees of Congress a report
containing--
``(1) information on the status of Federal, State, and
local public and private elder justice activities;
``(2) recommendations (including recommended priorities)
regarding--
``(A) elder justice programs, research, training,
services, practice, enforcement, and coordination;
``(B) coordination between entities pursuing elder
justice efforts and those involved in related areas
that may inform or overlap with elder justice efforts,
such as activities to combat violence against women and
child abuse and neglect; and
``(C) activities relating to adult fiduciary
systems, including guardianship and other fiduciary
arrangements, including the development of State
interdisciplinary guardianship committees;
``(3) recommendations for specific modifications to Federal
and State laws (including regulations) or for programs,
research, and training to enhance prevention, detection,
diagnosis, treatment, intervention in, investigation, and
prosecution of elder abuse, neglect, and exploitation;
``(4) recommendations for the most effective coordinated
national data collection with respect to elder justice, and
elder abuse, neglect, and exploitation; and
``(5) recommendations for a multidisciplinary strategic
plan to guide the effective and efficient development of the
elder justice area.
``(g) Powers of the Advisory Board.--
``(1) Information from federal agencies.--
``(A) In general.--Subject to subparagraph (B), the
advisory board may secure directly from any Federal
department or agency such information as the advisory
board considers necessary to carry out this section.
Upon request of the chair, the head of such department
or agency shall furnish such information to the
advisory board.
``(B) Protection of privacy.--The Secretary shall
oversee the activities of the advisory board under this
paragraph in order to ensure the protection of
individual health privacy consistent with the
regulations promulgated under section 264(c) of the
Health Insurance Portability and Accountability Act of
1996 and State and local privacy regulations (as
applicable).
``(2) Sharing of data and reports.--The advisory board may
secure from any entity pursuing elder justice activities under
the Elder Justice Act or an amendment made by that Act, any
data, reports, or recommendations generated in connection with
such activities.
``(3) Postal services.--The advisory board may use the
United States mails in the same manner and under the same
conditions as other departments and agencies of the Federal
Government.
``(4) Gifts.--The advisory board may accept, use, and
dispose of gifts or donations of services or property.
``(h) Travel Expenses.--The members of the advisory board shall not
receive compensation for the performance of services for the advisory
board, but shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while away
from their homes or regular places of business in the performance of
services for the advisory board. Notwithstanding section 1342 of title
31, United States Code, the Secretary and the Attorney General may
accept the voluntary and uncompensated services of the members of the
advisory board.
``(i) Detail of Government Employees.--Any Federal Government
employee may be detailed to the advisory board without reimbursement,
and such detail shall be without interruption or loss of civil service
status or privilege.
``(j) Status as Permanent Advisory Committee.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
advisory board.
``(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this subsection--
``(1) $6,000,000 for fiscal year 2007; and
``(2) $7,500,000 for each of fiscal years 2008 through
2013.
``Subtitle B--Activities to Promote Elder Justice
``SEC. 2221. DATA COLLECTION AND DISSEMINATION.
``(a) Elder Justice Resource Center.--
``(1) Establishment.--The Secretary, after consultation
with the Attorney General, shall establish within the Office of
Elder Justice, an Elder Justice Resource Center (in this
section referred to as the `Center') to be the central
repository for information regarding elder abuse, neglect, and
exploitation.
``(2) Duties.--The Center shall--
``(A) develop the capacity and procedures to
collect, maintain, and disseminate information relevant
to consumers, families, providers, clinicians,
advocates, regulators, law enforcement, policymakers,
researchers, fiduciaries including guardians, judges,
and lawyers, relevant to the prevention, detection,
assessment, identification, and treatment of,
intervention in, and prosecution of, elder abuse,
neglect, and exploitation;
``(B) provide, in a user-friendly manner,
information on--
``(i) ways to promote autonomy in the face
of aging or diminishing capacity and mobility;
``(ii) how to avoid becoming a victim of
elder abuse, neglect, or exploitation; and
``(iii) advance planning and how to avoid
the need for a fiduciary;
``(C) provide links and references to other sources
of information;
``(D) compile, analyze, and publish a summary of
research conducted on elder abuse, neglect, and
exploitation and information on how to obtain the
original research materials;
``(E) solicit public comment and comment from the
advisory board established under section 2213 on the
activities of the Center;
``(F) establish a toll-free number for information
and referrals;
``(G) coordinate activities with resource centers
and clearinghouses on elder justice topics; and
``(H) provide funding to public and private
agencies and entities to develop or continue the
efforts of specialized elder justice-related
clearinghouses and information repositories, to be
linked to the Center, that address topics such as those
enumerated in subparagraphs (A) and (B) and that
provide effective services.
``(3) Coordination of available resources.--In establishing
the Center under this subsection the Secretary, after
consultation with the Attorney General, shall--
``(A) consult with other Federal agencies that
operate similar resource centers;
``(B) consult with private entities that operate
resource centers or clearinghouses on elder justice-
related topics;
``(C) consult with the head of each agency
participating in the Elder Justice Coordinating Council
established under section 2212, as well as other
agencies with clearinghouses comparable to the Center,
such as clearinghouses relating to child abuse and
neglect, to determine the most efficient and effective
manner for collecting, maintaining, and disseminating
information on elder abuse, neglect, and exploitation;
and
``(D) solicit public comment on the components of
such Center.
``(4) National elder justice library.--
``(A) Establishment.--The Secretary shall establish
within the Center a National Elder Justice Library (in
this paragraph referred to as the `Library') to serve
as a centralized repository for all types of
appropriate materials concerning training, technical
assistance, and promising practices relating to elder
justice including--
``(i) brochures and pamphlets;
``(ii) video and computer-based resources;
``(iii) books; and
``(iv) training materials.
``(B) Index.--The Library shall create and maintain
an up-to-date index of the materials described in
subparagraph (A) by title, author, date, subject, and
type of material, and a brief description of such
materials. Such index shall be available on the
Internet as well as in printed form in order to be
easily accessible to the general public.
``(C) Availability.--The materials held by the
Library shall be available for copying by individuals
and entities nationwide and shall be disseminated at a
nominal or no fee. The materials shall be copied and
disseminated in accordance with the applicable
provisions of title 17, United States Code.
``(D) Duties.--
``(i) Additional materials.--The Library
shall--
``(I) collect data on materials
that would be appropriate for such
library;
``(II) make efforts to identify and
obtain appropriate materials; and
``(III) identify and obtain
materials relating to effective methods
of conducting training and providing
technical assistance relating to elder
justice, including conducting training
and providing assistance for
underserved populations.
``(ii) Information packets.--After
evaluating the materials described in this
paragraph, the Library shall compile and
develop information packets for use by groups
in various settings, including groups who are
underserved or have other special needs. Such
information packets shall include information
and materials on training, technical
assistance, and promising practices targeted at
specific topics, groups, and settings.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $4,000,000 for fiscal year 2007;
``(B) $5,000,000 for fiscal year 2008; and
``(C) $6,000,000 for each of fiscal years 2009
through 2013.
``(b) Collection of Uniform National Data on Elder Abuse, Neglect,
and Exploitation.--
``(1) Purpose.--The purpose of this subsection is to
improve, streamline, and promote uniform collection,
maintenance, and dissemination of national data relating to
elder abuse, neglect, and exploitation.
``(2) Phase i.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Elder Justice Act, the
Director of the Centers for Disease Control and
Prevention (in this subsection referred to as the
`Director'), after consultation with the Attorney
General and working with experts in relevant
disciplines, shall--
``(i) develop a method for collecting
national data regarding elder abuse, neglect,
and exploitation; and
``(ii) develop uniform national data
reporting forms adapted to each relevant entity
or discipline (such as health, public safety,
social and protective services, and law)
reflecting--
``(I) the distinct manner in which
each discipline receives and maintains
information; and
``(II) the sequence and history of
reports to or involvement of different
disciplines, independently, or the
sequence and history of reports from
one discipline to another over time.
``(B) Forms.--The national data reporting forms
described in subparagraph (A)(ii) shall incorporate the
definitions of this title for use in determining what
is considered a reportable event.
``(3) Phase ii.--
``(A) In general.--Not later than 1 year after the
completion of the activities described in paragraph
(2), the Director shall ensure that the national data
reporting forms and data collection methods developed
in accordance with such paragraph are pilot tested in 6
States determined by the Director.
``(B) Adjustments to the form and methods.--The
Director, after considering the results of the pilot
testing described in subparagraph (A), and after
consultation with the Attorney General and relevant
experts shall adjust the national data reporting forms
and data collection methods as necessary.
``(4) Phase iii.--
``(A) Distribution of national data reporting
forms.--After completion of the adjustment to the
national data reporting forms under paragraph (3)(B),
the Director shall submit the national data reporting
forms along with instructions to--
``(i) the heads of the relevant components
of the Department of Health and Human Services,
the Department of Justice, and the Department
of the Treasury, and such other Federal
entities as may be appropriate; and
``(ii) the Governor's office of each State
for collection from all relevant State entities
of data, including health care, social
services, and law enforcement data.
``(B) Data collection grants.--
``(i) Authorization.--The Director is
authorized to award grants to States to improve
data collection activities relating to elder
abuse, neglect, and exploitation.
``(ii) Application.--To be eligible to
receive a grant under this subparagraph, a
State shall submit to the Director an
application at such time, in such manner, and
containing such information as the Director may
require.
``(iii) Requirements.--Each State receiving
a grant under this subparagraph for a fiscal
year is required to report data for the
calendar year that begins during that fiscal
year, using the national data reporting forms
described in subparagraph (A).
``(iv) Funding.--
``(I) First year.--For the first
fiscal year in which a State receives
grant funds under this subsection, the
Secretary shall initially distribute 50
percent of such funds. The Secretary
shall distribute the remaining funds at
the end of the calendar year that
begins during that fiscal year, if the
Secretary determines that the State has
properly reported data required under
this subsection for the calendar year.
``(II) Subsequent years.--Except as
provided in subclause (I), the
Secretary shall distribute grant funds
to a State under this subsection for a
fiscal year if the Secretary determines
that the State properly reported data
required under this subsection for the
calendar year that ends during that
fiscal year.
``(C) Required information.--Each report submitted
under this paragraph shall--
``(i) indicate the State and year in which
each event occurred; and
``(ii) identify--
``(I) the total number of events
that occurred in each State during the
year; and
``(II) the type of each event.
``(5) Report.--Not later than 1 year after the date of
enactment of the Elder Justice Act and annually thereafter, the
Secretary shall prepare and submit to the appropriate
committees of Congress, including to the Special Committee on
Aging and the Finance Committee of the Senate, a report
regarding activities conducted under this section.
``(6) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $10,000,000 for fiscal year 2007;
``(B) $30,000,000 for fiscal year 2008; and
``(C) $100,000,000 for each of fiscal years 2009
through 2013.
``SEC. 2222. ENHANCING RESEARCH AND TRAINING AND STRENGTHENING
SERVICES, SYSTEMS, AND PREVENTION.
``(a) General Grants and Centers of Excellence.--
``(1) General grants.--The Secretary may award grants to
eligible entities for the prevention, detection, assessment,
and treatment of, intervention in, investigation of, and
prosecution of elder abuse, neglect, and exploitation
including--
``(A) physical, psychological, and emotional abuse
and neglect by family and other in-home caregivers;
``(B) physical, psychological, and emotional abuse
and neglect of residents in institutional and other
residential care facilities;
``(C) elder sexual abuse;
``(D) domestic violence in later life;
``(E) financial fraud and exploitation; and
``(F) self-neglect.
``(2) Centers of excellence.--
``(A) Grants authorized.--The Secretary, through
the Director of the National Institute on Aging, and
after consultation with the Director of the Centers for
Disease Control and Prevention, the Director of the
Office of Elder Justice in the Department of Health and
Human Services, the Director of the Office of Elder
Justice in the Department of Justice, and the members
of the advisory board established under section 2213,
may award grants to institutions of higher education
and other appropriate entities to establish 5 Centers
of Excellence nationwide that shall specialize in
research, clinical practice, and training relating to
elder abuse, neglect, and exploitation.
``(B) Authorized activities.--The Centers of
Excellence established with funds provided under
subparagraph (A) shall conduct the following
activities:
``(i) Examine potential issues relating to
the protection of elders who are the subjects
of research on elder abuse, neglect, and
exploitation and provide guidance to other
elder abuse, neglect, or exploitation
researchers regarding human subjects,
protections, and the institutional or peer
review boards at research institutions.
``(ii) After consultation with the Director
of the National Institute on Aging, and the
Director of the Office of Human Research
Protections, develop and recommend to the
Secretary guidelines to assist the
institutional or peer review boards in the
review of research conducted under this title.
``(iii) Coordinate activities, to the
extent feasible, among the Centers and with
other researchers of elder abuse, neglect, and
exploitation and related areas, and designate 1
such Center to lead such coordination.
``(C) Additional activities.--The Centers of
Excellence established under subparagraph (A) may
conduct activities including the following:
``(i) Carrying out a study to determine the
national incidence and prevalence of elder
abuse, neglect, and exploitation in all
settings.
``(ii) Developing uniform, validated
screening tools to assist individuals,
families, practitioners, institutions, and
communities in detecting ongoing or potential
elder abuse, neglect, and exploitation. The
tools that may be developed include--
``(I) a screening tool to determine
whether a particular elder is at risk
for becoming, or is, a victim of elder
abuse, neglect, or exploitation;
``(II) a screening tool to measure
whether caregivers are at risk of
committing elder abuse, neglect, or
exploitation;
``(III) a screening tool to measure
whether families are at risk for elder
abuse, neglect, and exploitation; and
``(IV) a screening tool to assess
communities, evaluating how each
individual agency or system relating to
elder abuse, neglect, or exploitation
operates in such a community and how
all of such agencies or systems
communicate and operate in relationship
to each other within such community.
``(iii) Carrying out various types of
intervention research.
``(iv) Identifying steps that can be taken
(and replicated) to make homes, neighborhoods,
communities, and facilities safer for elders,
and to enhance elders' sense of security in all
kinds of environments.
``(v) Researching successful fiduciary
practices and systems to enhance the well-being
of persons with diminished capacity.
``(D) Collaboration and access to records.--In
awarding a grant under this paragraph the Secretary
shall--
``(i) consider the potential for
collaboration among researchers and other
relevant entities, such as State agencies with
statutory responsibility for adult protective
services and State Long-Term Care Ombudsmen,
that receive reports of elder abuse, neglect,
and exploitation, but that may be restricted
from participating in research as a result of
State law, confidentiality requirements, or
other provisions; and
``(ii) require that each institution of
higher education desiring a grant under this
subsection ensure that the researchers working
at such institution will have access to records
necessary to conduct research in accordance
with this paragraph.
``(3) Authorization of appropriations.--There are
authorized to be appropriated for the purpose of carrying out
paragraphs (1) and (2) of this subsection--
``(A) $12,000,000 for fiscal year 2007;
``(B) $20,000,000 for fiscal year 2008; and
``(C) $25,000,000 for each of fiscal years 2009
through 2013.
``(b) Safe Haven and Legal Advocacy Grants.--
``(1) Safe haven grants.--
``(A) Grants authorized.--The Secretary may award
grants to 6 diverse communities to examine various
types of elder shelters (in this paragraph referred to
as `safe havens') and to test various models for
establishing safe havens at home or elsewhere.
``(B) Authorized activities.--Grant funds awarded
pursuant to subparagraph (A) shall be used to establish
safe havens that--
``(i) provide a comprehensive, culturally
sensitive, and multidisciplinary team response
to allegations of elder abuse, neglect, or
exploitation;
``(ii) provide a dedicated, elder-friendly
setting;
``(iii) have the capacity to meet the needs
of elders for care; and
``(iv) provide various services including--
``(I) nursing and forensic
evaluation;
``(II) therapeutic intervention;
``(III) victim support and
advocacy; and
``(IV) case review and assistance
to make the elder safer at home or to
find appropriate placement in safer
environments, including shelters, and,
in some circumstances, long-term care
facilities, other residential care
facilities, and hospitals.
``(2) Legal advocacy grants.--
``(A) Grants authorized.--The Secretary, after
consultation with the Attorney General, may award
grants--
``(i) to study the need for community
resources in order to provide assistance for
legal and related services for victims of elder
abuse, neglect, or exploitation; and
``(ii) to provide assistance for such
services by awarding grants for demonstration
projects in diverse communities.
``(B) Authorized activities.--Grant funds awarded
pursuant to subparagraph (A) shall be used to provide--
``(i) court-appointed advocates;
``(ii) authorized fiduciaries, including
public guardians;
``(iii) monitoring and oversight of
fiduciaries;
``(iv) legal services; and
``(v) such other services as the Secretary,
after consultation with the Attorney General,
determines appropriate.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $3,000,000 for fiscal year 2007;
``(B) $4,000,000 for fiscal year 2008; and
``(C) $5,000,000 for each of fiscal years 2009
through 2013.
``(c) Grants to Enhance Volunteer Services.--
``(1) Grants.--The Secretary, after consultation with the
Attorney General, may award grants to nonprofit organizations
and faith-based organizations to encourage such organizations
to establish or continue volunteer programs that focus on the
issues of elder abuse, neglect, and exploitation, or that
provide related services.
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $1,500,000 for fiscal year 2007;
``(B) $2,000,000 for fiscal year 2008; and
``(C) $2,500,000 for each of fiscal years 2009
through 2013.
``(d) Multidisciplinary Efforts.--
``(1) Grants.--
``(A) In general.--The Secretary may award grants
to fund various multidisciplinary elder justice
activities, including the following:
``(i) Supporting and studying team
approaches for bringing a coordinated
multidisciplinary or interdisciplinary response
to elder abuse, neglect, and exploitation,
including a response from individuals in social
service, health care, public safety, and legal
disciplines.
``(ii) Establishing State coordinating
councils modeled after the national Elder
Justice Coordinating Council established under
section 2212. Such State coordinating councils
shall identify the individual States' needs and
provide the national Elder Justice Coordinating
Council with information and recommendations
relating to State efforts to combat elder
abuse, neglect, and exploitation.
``(iii) Providing training, technical
assistance, and other methods of support to
groups carrying out multidisciplinary efforts
at the State level (referred to in some States
as `State Working Groups').
``(iv) Broadening and studying various
models for elder fatality and serious injury
review teams, to make recommendations about
their composition, protocols, functions,
timing, roles, and responsibilities, with a
goal of producing models and information that
will allow for replication based on the needs
of other States and communities.
``(v) Carrying out such other
interdisciplinary or multidisciplinary efforts
as the Secretary determines to be appropriate.
``(B) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph, $5,000,000 for each of fiscal years 2007
through 2013.
``(2) Interdisciplinary study.--
``(A) In general.--The Director of the Centers for
Disease Control and Prevention, after consultation with
the Director of the Office of Elder Justice in the
Department of Health and Human Services and the
Director of the Office of Elder Justice in the
Department of Justice, shall conduct an intensive
interdisciplinary study of entities that conduct elder
justice activities in several different communities,
examining how the entities address elder abuse,
neglect, and exploitation issues (such as an assessment
of various types of health care and social service
providers, public safety agencies, law enforcement
agencies, prosecutor offices, and the judiciary).
``(B) Goal.--The goals of the study described in
subparagraph (A) include--
``(i) making an assessment of the
functioning and effectiveness of each entity in
a community that conducts elder justice
activities, and the interdisciplinary
communications and collaborations among such
entities; and
``(ii) developing a procedure for
communities to conduct a self-assessment to
assist them in identifying the manner in which
the entities described in clause (i) in such
communities respond to elder justice issues,
the needs of such communities relating to elder
justice issues, and ways to improve the
response systems of such communities for elder
abuse, neglect, and exploitation.
``(C) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph--
``(i) $2,500,000 for fiscal year 2007;
``(ii) $3,000,000 for fiscal year 2008; and
``(iii) $3,500,000 for each of fiscal years
2009 through 2013.
``(e) Training Grants.--
``(1) Grants authorized.--The Secretary may award grants to
groups representing the targeted disciplines described in
paragraph (2)(B) to train individuals with respect to issues of
elder abuse, neglect, and exploitation.
``(2) Authorized activities.--
``(A) In general.--Grant funds awarded under
paragraph (1) shall be used for training within a
discipline as well as cross-training activities that
permit individuals in multiple disciplines to train
together, fostering communication, coordinating
efforts, and ensuring collaboration.
``(B) Targeted disciplines.--Groups representing
disciplines that will be targeted for training through
grants awarded under paragraph (1) include--
``(i) physicians, including geriatricians,
medical residents, interns, and fellows;
``(ii) nurses and nurse's aides, including
geriatric nurse practitioners, directors of
nursing, and Sexual Abuse Nurse Examiners
(SANE) nurses;
``(iii) social workers;
``(iv) public health and safety
professionals, including Emergency Medical
Services professionals;
``(v) therapists, including creative arts,
occupational, speech, and physical therapists;
``(vi) State surveyors of nursing
facilities and other long-term care facilities;
``(vii) staff of long-term care facilities
or hospitals;
``(viii) coroners and funeral home
operators;
``(ix) Federal, State, and local offices
with responsibility for elder justice or long-
term care matters;
``(x) employees or contractors of State and
local agencies with responsibility for training
persons who provide adult protective services;
``(xi) State Long-Term Care Ombudsmen;
``(xii) victim advocates and advocates for
elders and individuals with disabilities;
``(xiii) individuals involved in volunteer
organizations (including faith-based
organizations) who are involved in issues of
elder abuse, neglect, and exploitation;
``(xiv) police officers, sheriffs,
detectives, firefighters, Federal and State
investigators, public safety officers, and
corrections personnel;
``(xv) Federal, State, and local
prosecutors, attorneys in private practice
involved in elder justice issues, judges, and
court employees;
``(xvi) federally recognized partnerships
of elders, sheriff departments, and the
American Association of Retired Persons
(commonly referred to as TRIADs);
``(xvii) elder service officers;
``(xviii) individuals who work with the
public, including bank personnel, postal
workers, utility workers, providers of home-
delivered meals, and others who may work with
elders;
``(xix) students in professional and
paraprofessional schools, internships,
fellowships, and other training programs in a
relevant profession;
``(xx) fiduciaries, including guardians,
conservators, and agents under powers of
attorney; and
``(xxi) staff and volunteers of domestic
violence and child abuse and neglect programs.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $10,000,000 for fiscal year 2007;
``(B) $15,000,000 for fiscal year 2008; and
``(C) $20,000,000 for each of fiscal years 2009
through 2013.
``(f) Increasing the Number of Health Care Professionals With
Geriatric Training.--
``(1) Increasing the number of health care professionals
with geriatric training.--
``(A) In general.--The Secretary shall establish
programs to increase--
``(i) the number of health care
professionals (including physicians, nurses,
nursing personnel, social workers, and
therapists) and students in the health care
professions, who receive education and training
related to geriatrics; and
``(ii) the number of such professionals who
provide health care related to geriatrics.
``(B) Inclusion of geriatric services as part of
obligated service under the public health service
act.--For purposes of applying sections 338B and 338C
of the Public Health Service Act (42 U.S.C. 254l,
254m), the term `obligated service' shall include any
period during which an individual who has entered into
a written contract with the Secretary under such
section 338B (42 U.S.C. 254l) is enrolled and
participating in an accredited (as determined by the
Secretary) educational program that provides geriatric
training. Upon the completion of such training, the
individual, after consultation with the Secretary,
shall provide geriatric services as appropriate during
the remainder of the period of obligated service of
such individual.
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $2,500,000 for fiscal year 2007; and
``(B) $3,500,000 for each of fiscal years 2008
through 2013.
``(g) Dementia Training Grants.--
``(1) Grants authorized.--The Secretary may award grants to
eligible entities to provide training within the health and
social science disciplines, as well as cross-training
activities that permit individuals in multiple such disciplines
to train together, to foster communication, coordinate efforts,
and ensure collaboration on best practices in caring for
individuals with dementia.
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$5,000,000 for each of fiscal years 2007 through 2013.
``(h) Special Needs Grants.--
``(1) Grants authorized.--The Secretary may award grants to
eligible entities to identify, address, and make
recommendations on meeting the special needs of underserved
populations of elders.
``(2) Populations included.--The grant funds awarded
pursuant to paragraph (1) shall be used to fund programs
including the following:
``(A) Rural settings.--Programs designed to meet
the needs of elders living in rural locations,
including the needs of their informal caregivers and
fiduciaries. The programs shall include--
``(i) strategies to decrease isolation;
``(ii) training for informal caregivers and
fiduciaries;
``(iii) activities involving collaboration
between the entities and local secondary
schools and institutions of higher education to
offer classes for credit, focusing on training
individuals to work with elders and caregivers;
``(iv) training for volunteers to serve in
rural communities; and
``(v) strategies on the use of advance
planning to avoid the need for a guardian or
other fiduciary.
``(B) Minority populations.--Programs designed to
meet the needs of elders in minority populations,
including culturally and linguistically appropriate
programs.
``(C) Indian tribes.--Programs designed to provide
necessary services to elders who are members of Indian
tribes, including successful programs in elder abuse,
neglect, and exploitation prevention and treatment that
target Indian populations. The entities carrying out
the programs shall deliver services and distribute
educational information on elder abuse, neglect, and
exploitation to Indian tribes and other policymakers,
health and social service providers, law enforcement,
and researchers with a particular interest in elders
who are members of Indian tribes.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$7,500,000 for each of fiscal years 2007 through 2013.
``(i) Public Awareness Grants.--
``(1) Grants authorized.--The Secretary and the Attorney
General, after consultation with the advisory board established
under section 2213 and the coordinating council established
under section 2212, shall jointly award 1 grant to a national
organization, or 1 or more grants to eligible entities, to
conduct a national multimedia campaign designed to raise
awareness about elder abuse, neglect, and exploitation.
``(2) Authorized activities.--Grant funds awarded under
paragraph (1) shall be used for activities including the
following:
``(A) Raising public awareness regarding financial
schemes that target elders.
``(B) Pilot testing the effectiveness of various
types of multimedia campaigns in raising awareness
about--
``(i) the types of elder abuse, neglect,
and exploitation;
``(ii) steps to take if an individual
suspects elder abuse, neglect, or exploitation
has occurred; and
``(iii) ways to prevent elder abuse,
neglect, or exploitation.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$5,000,000 for each of fiscal years 2007 through 2013.
``(j) Elder Justice Innovation Fund.--
``(1) In general.--The Secretary and the Attorney General
are authorized to jointly award grants to individuals or
entities working in the elder justice field or related fields
for research, a demonstration project, development or
implementation of a promising program or practice, or another
innovative effort related to the identification or prevention
of elder abuse, neglect, or exploitation that might not
otherwise be funded or pursued in the absence of a grant under
this subsection.
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$5,000,000 for each of fiscal years 2007 through 2013.
``SEC. 2223. STUDIES.
``(a) Roles of Entities Responding to Elder Abuse, Neglect, and
Exploitation.--
``(1) In general.--The Secretary and the Attorney General
shall jointly sponsor or conduct a study of the roles and
responsibilities of Government and Government-funded entities
responsible for responding to, investigating, and taking other
actions in response to reports of elder abuse, neglect, and
exploitation including--
``(A) State and local agencies with the
responsibility for adult protective services;
``(B) the State Long-Term Care Ombudsmen;
``(C) law enforcement (including prosecutors);
``(D) fiduciaries;
``(E) judges and other court personnel; and
``(F) such other social and protective service,
advocacy, and protection organizations as the Secretary
and the Attorney General determine to be appropriate.
``(2) Goals.--The goals of the study authorized in
paragraph (1) (which may be conducted in distinct sections, if
there is overall coordination) are--
``(A) to identify gaps in the detection of,
investigation of, and intervention in elder abuse,
neglect, and exploitation;
``(B) to improve the response to elder abuse,
neglect, and exploitation; and
``(C) to reduce elder victimization and its
consequences by assessing and improving the systems
created to address reports of elder abuse, neglect, and
exploitation.
``(3) Authorized activities.--In conducting the study
authorized in paragraph (1), the Director shall--
``(A) conduct an evaluation of--
``(i) how the social and protective
service, advocacy, protection, judicial, and
law enforcement entities and systems are
operating;
``(ii) the interplay and allocation of
responsibilities among those entities;
``(iii) how that allocation differs from
community to community and State to State; and
``(iv) how those differences impact the
population intended to be protected by the
entities and systems;
``(B) make recommendations on how to clarify the
roles (at the Federal level) of entities such as State
agencies with responsibility for adult protective
services, the State Long-Term Care Ombudsmen, and other
protection and advocacy entities to enhance efficiency,
eliminate gaps in service, and identify conflicting
mandates and duplication of efforts; and
``(C) evaluate how various communities delineate
the roles and responsibilities of the types of entities
described in subparagraph (A) in order to identify and
recommend effective models and methods to duplicate the
delineation efforts (such as duplication through
memoranda of understanding).
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$2,000,000 for each of fiscal years 2007 through 2013.
``(b) Family Elder Abuse, Neglect, and Exploitation Study.--
``(1) In general.--The Director of the Centers for Disease
Control and Prevention (in this subsection referred to as the
`Director'), after consultation with the Director of the Office
of Elder Justice in the Department of Health and Human Services
and the Director of the Office of Elder Justice in the
Department of Justice, shall conduct a study to determine the
best method to address elder abuse, neglect, and exploitation
from a public health perspective, including examining methods
to reduce elder abuse, neglect, and exploitation committed by
family members.
``(2) Collaboration.--The Director, in carrying out
activities under this subsection, shall collaborate with the
Director of the National Institute on Aging, the Director of
the Office of Elder Justice in the Department of Health and
Human Services, the Director of the Office of Elder Justice in
the Department of Justice, the heads of State agencies with
responsibility for adult protective services, and the heads of
such other entities as the Director determines appropriate.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $1,500,000 for fiscal year 2007; and
``(B) $2,000,000 for each of fiscal years 2008
through 2013.
``SEC. 2224. FORENSIC MARKERS, METHODOLOGIES, AND TRAINING.
``(a) Forensic Centers.--
``(1) Grants.--The Secretary shall make grants to
appropriate entities to establish and operate stationary and
mobile forensic centers, to develop forensic expertise
regarding, and provide services relating to, elder abuse,
neglect, and exploitation.
``(2) Coordination among forensic centers and centers of
excellence.--The entities establishing and operating the
forensic centers shall coordinate activities on an ongoing
basis with the Centers of Excellence described in section
2222(b)(1). Such coordination shall include ongoing
communication among the entities and the Centers of Excellence.
The entities shall adhere to procedures and mechanisms
developed by the Secretary, including procedures and mechanisms
relating to the sharing of data.
``(3) Stationary forensic centers.--The Secretary shall
make 4 of the grants described in paragraph (1) to institutions
of higher education with demonstrated expertise in forensics or
commitment to preventing or treating elder abuse, neglect, or
exploitation, to establish and operate stationary forensic
centers. The Secretary shall make at least 2 of the 4 grants to
an entity operating a Center of Excellence described in section
2222(b)(1) at an institution of higher education.
``(4) Mobile centers.--The Secretary shall make 6 of the
grants described in paragraph (1) to appropriate entities to
establish and operate mobile forensic centers.
``(5) Use of funds.--
``(A) Development of forensic markers and
methodologies.--An entity that receives a grant under
this subsection shall use funds made available through
the grant to assist in the determination of whether
abuse or neglect occurred, or a crime was committed,
and to conduct research to describe and disseminate
information on--
``(i) forensic markers that indicate a case
in which elder abuse, neglect, or exploitation
may have occurred; and
``(ii) methodologies for determining, in
such a case, when and how health care,
emergency service, social and protective
service, and legal service providers should
intervene and when the providers should report
the case to law enforcement authorities.
``(B) Applications.--An entity that receives a
grant under this subsection shall use funds made
available through the grant to develop forensic
expertise regarding elder abuse, neglect, and
exploitation, in order to provide medical and forensic
evaluation, therapeutic intervention, victim support
and advocacy, case review, and case tracking.
``(C) Collection of evidence.--An entity operating
a Center of Excellence described in section 2222(b)(1)
that receives a grant under this subsection shall use
funds made available through the grant to develop the
capacity to collect forensic evidence, including
collecting forensic evidence relating to a potential
determination of elder abuse, neglect, or exploitation.
``(6) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $4,000,000 for fiscal year 2007;
``(B) $6,000,000 for fiscal year 2008; and
``(C) $8,000,000 for each of fiscal years 2009
through 2013.
``(b) Training To Develop Expertise in Geriatric Forensics.--
``(1) Fellowship programs.--
``(A) In general.--The Secretary shall award
fellowships to eligible individuals, to enable the
individuals to obtain training through a standard
forensic science training program.
``(B) Eligible individuals.--To be eligible to
receive a fellowship under this paragraph, an
individual shall be a physician who--
``(i) is board certified or board eligible
in internal medicine or family practice;
``(ii) has completed a program in
geriatrics that meets such criteria as the
Secretary may prescribe; and
``(iii) has entered into an agreement with
the Secretary to provide the team training
described in subparagraph (C), after receiving
the training described in subparagraph (A).
``(C) Team training.--An individual who receives a
fellowship under this paragraph shall provide training
in forensic geriatrics to interdisciplinary teams of
health care professionals.
``(2) Additional programs.--In addition to the fellowships
awarded under paragraph (1), the Secretary shall establish
programs, and make grants to carry out such programs, that are
designed to provide forensic training to experienced
geriatricians.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$5,000,000 for each of fiscal years 2007 through 2013.
``Subtitle C--Increasing Security, Quality, and Consumer Information
for Long-Term Care
``CHAPTER 1--INCREASING SECURITY FOR LONG-TERM CARE
``SEC. 2231. REPORTING TO LAW ENFORCEMENT OF CRIMES OCCURRING IN
FEDERALLY FUNDED LONG-TERM CARE FACILITIES.
``(a) Reporting Requirement.--
``(1) In general.--Each individual who is an owner,
operator, employee, manager, agent, or contractor of a long-
term care facility that is described in subsection (b)(1) shall
report to 1 or more law enforcement entities for the
jurisdiction in which the facility is located any reasonable
suspicion of a crime (as defined by the law of the applicable
political subdivision) against any person who is a resident of
or receiving care from the facility.
``(2) Timing.--If the events that cause the suspicion--
``(A) result in serious bodily injury, the
individual shall report the suspicion immediately; and
``(B) do not result in serious bodily injury, the
individual shall report the suspicion not later than 24
hours after forming the suspicion.
``(b) Long-Term Care Facility Described.--
``(1) Long-term care facility.--A long-term care facility
is described in this paragraph if such facility will receive at
least $10,000 in Federal funds during a year.
``(2) Notification.--In the case of a long-term facility
described in paragraph (1), the owner or operator shall
annually notify each individual described in subsection (a)(1)
of the obligation to comply with subsection(a).
``(c) Penalty.--
``(1) In general.--If an individual described in subsection
(a)(1) violates subsection (a)--
``(A) the individual shall be fined not more than
$200,000 or subject to a civil money penalty of not
more than $200,000; or
``(B) the Secretary shall classify the individual
as an excluded individual for a period of not more than
3 years.
``(2) Increased harm.--If an individual described in
subsection (a)(1) violates subsection (a), and the violation
exacerbates the harm to the victim of the crime or results in
harm to another person--
``(A) the individual shall be fined not more than
$300,000 or subject to a civil money penalty of not
more than $300,000; and
``(B) the Secretary shall classify the individual
as an excluded individual for a period of not more than
3 years.
``(3) Excluded individual.--During any period for which an
individual is classified as an excluded individual under this
paragraph, an entity that employs the individual shall be
ineligible to receive Federal funds.
``(4) Extenuating circumstances.--The Secretary may take
into account the financial burden on providers with underserved
populations in determining the penalty.
``(d) Regulations.--The Secretary, after consulting with the
Attorney General, shall issue regulations to carry out this section.
``CHAPTER 2--IMPROVING THE QUALITY OF LONG-TERM CARE
``SEC. 2241. GRANTS AND INCENTIVES TO ENHANCE LONG-TERM CARE STAFFING.
``(a) General Authority.--The Administrator of the Centers for
Medicare & Medicaid Services (in this section referred to as the
`Administrator') shall carry out activities, including activities
described in subsections (b) and (c), to provide incentives for
individuals to train for, seek, and maintain employment providing
direct care in a long-term care facility.
``(b) Specific Programs To Enhance Training, Recruitment, and
Retention of Staff.--
``(1) Coordination with other programs to recruit and train
long-term care staff.--The Administrator shall coordinate
activities with the Secretary of Labor and the Assistant
Secretary for the Administration for Children and Families, in
order to provide incentives to participants in programs carried
out under section 403(a)(5) and part A of title IV to train for
and seek employment providing direct care in a long-term care
facility.
``(2) Career ladders and wage or benefit increases to
increase staffing in long-term care facilities.--
``(A) In general.--The Administrator shall make
grants to eligible entities to carry out programs
through which the entities--
``(i) offer, to employees who provide
direct care in a long-term care facility,
continuing training and varying levels of
certification, based on observed clinical care
practices and the amount of time the employees
spend providing direct care; and
``(ii) provide, or make arrangements with
employers to provide, bonuses or other
increased compensation or benefits to employees
who achieve certification under such a program.
``(B) Application.--To be eligible to receive a
grant under this paragraph, an entity shall submit an
application to the Administrator at such time, in such
manner, and containing such information as the
Administrator may require.
``(c) Specific Programs To Improve Management Practices.--
``(1) In general.--The Administrator shall make grants to
eligible organizations to enable the organizations to provide
training and technical assistance to eligible persons
(including administrators, directors of nursing, staff
developers, and charge nurses) who establish or implement
management practices for long-term care facilities.
``(2) Use of funds.--An organization that receives a grant
under paragraph (1) shall use funds made available through the
grant--
``(A) to provide training and technical assistance
regarding management practices for employees that
provide direct care in a long-term care facility and
that are demonstrated to promote retention of those
employees, such as--
``(i) the establishment of basic human
resource policies that reward high performance,
including policies that provide for improved
wages and benefits on the basis of job reviews;
``(ii) the establishment of motivational
and thoughtful work organization practices;
``(iii) the creation of a workplace culture
that respects and values caregivers and their
needs;
``(iv) the promotion of a workplace culture
that respects the rights of residents of a
long-term care facility and results in improved
care for the residents; and
``(v) the establishment of other programs
that promote the provision of high quality
care, such as a continuing education program
that provides additional hours of training,
including on-the-job training, for employees
who are certified nurse aides; or
``(B) to disseminate training materials for the
training described in subparagraph (A), and to provide
the materials to the National Elder Justice Library
established in section 2221(a)(4), so that the
materials are available to other providers of such
training.
``(3) Application.--To be eligible to receive a grant under
this subsection, an organization shall submit an application to
the Administrator at such time, in such manner, and containing
such information as the Administrator may require.
``(d) Evaluating Programs.--After the first programs developed
under this section have been completed, the Administrator shall
evaluate the outcomes of such programs in determining which future
applications to fund.
``(e) Accountability Measures.--The Administrator shall develop
accountability measures to ensure that funds made available under this
section benefit the staff who are the intended beneficiaries of the
programs provided under this section, to promote increases in the
number of staff and stability in the long-term care workforce.
``(f) Compliance With Applicable Laws.--In order to receive funds
under this section, an eligible entity shall comply with all applicable
laws, regulations, and guidelines.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2007 through 2013.
``SEC. 2242. COLLABORATIVE EFFORTS TO ENHANCE COMMUNICATION ON
PROMOTING QUALITY OF AND PREVENTING ABUSE AND NEGLECT IN
LONG-TERM CARE.
``(a) In General.--The Director of the Agency for Healthcare
Research and Quality (in this section referred to as the `Director'),
after consultation with the Attorney General, may establish pilot
projects to improve long-term care. In carrying out the projects, the
Director shall make grants to eligible partnerships to develop
collaborative and innovative approaches to improve the quality of,
including preventing abuse and neglect in, long-term care.
``(b) Eligible Partnerships.--To be eligible to receive a grant
under this section, a partnership shall be a multidisciplinary
community partnership, such as a partnership consisting of
representatives in a community of nursing facility providers, advocates
for residents of long-term care facilities, State Long-Term Care
Ombudsmen, surveyors, the State agency with responsibility for adult
protective services, the State agency with responsibility for licensing
long-term care facilities, law enforcement agencies, courts, family
councils, residents, certified nurse aides, registered nurses,
physicians, and other appropriate entities and individuals.
``(c) Application.--To be eligible to receive a grant under this
section, a partnership shall submit an application to the Director at
such time, in such manner, and containing such information as the
Director may require.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,500,000 for each of fiscal
years 2007 through 2013.
``SEC. 2243. COLLABORATIVE EFFORTS TO DEVELOP CONSENSUS AROUND THE
MANAGEMENT OF CERTAIN QUALITY-RELATED FACTORS.
``(a) In General.--The Director of the Agency for Healthcare
Research and Quality (in this section referred to as the `Director'),
after consultation with the Attorney General and the Advisory Board
established under section 2213, shall make grants to eligible entities
to establish multidisciplinary panels to address, and develop consensus
on, subjects relating to improving the quality of long-term care. The
Director shall make a limited number of such grants, including at least
1 grant for the establishment of such a panel to address, and develop
consensus on, methods of managing resident-to-resident abuse in long-
term care.
``(b) Use of Funds.--An entity that receives a grant under this
section shall--
``(1) establish a multidisciplinary panel to address a
specific subject; and
``(2) ensure that the panel uses the funds made available
through the grant to establish a goal with respect to the
subject, examine relevant research and data, identify best
practices with respect to the subject, determine the best way
to carry out those best practices in a practical and feasible
manner, and determine an effective manner of distributing
information on the subject.
``(c) Application.--To be eligible to receive a grant under this
section, an entity shall submit an application to the Director at such
time, in such manner, and containing such information as the Director
may require.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2007 through 2013.
``CHAPTER 3--INCREASING CONSUMER INFORMATION ABOUT LONG-TERM CARE
``SEC. 2251. LONG-TERM CARE CONSUMER CLEARINGHOUSE.
``(a) In General.--The Director of the Office of Elder Justice in
the Department of Health and Human Services, in coordination with the
Director of the Agency for Healthcare Research and Quality and the
Administrator of the Centers for Medicare & Medicaid Services, shall
establish a long-term care consumer clearinghouse in the Department of
Health and Human Services.
``(b) Information.--The clearinghouse shall be established as part
of the Elder Justice Resource Center established under section 2221 and
shall provide comprehensive detailed information, in a consumer-
friendly form, to consumers about choices relating to long-term care
providers, such as information (including links to Web sites and other
resources that provide information) about--
``(1) obtaining the services of, and employing, caregivers
who provide long-term care at an individual's home; and
``(2) options for residential long-term care, such as--
``(A)(i) the type of care provided by nursing
facilities; and
``(ii) the type of care provided by group homes and
other residential long-term care facilities that are
not nursing facilities;
``(B) the benefits available through the programs
carried out under titles XVIII and XIX of the Social
Security Act (42 U.S.C. 1395 et seq.; 1396 et seq.);
and
``(C) the care available through specific long-term
care facilities, including data on the satisfaction
level of residents, and families of residents, of the
facilities.
``(c) Providers.--In providing information on long-term care
providers under this section, the clearinghouse shall provide
information (from States and other sources) on assisted living
facilities, board and care facilities, congregate care facilities, home
health care providers, and other long-term care providers.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $2,000,000 for fiscal year 2007;
``(2) $3,000,000 for fiscal year 2008; and
``(3) $4,000,000 for each of fiscal years 2009 through
2013.
``SEC. 2252. CONSUMER INFORMATION ABOUT THE CONTINUUM OF RESIDENTIAL
LONG-TERM CARE FACILITIES.
``(a) Study.--
``(1) In general.--The Director of the Agency for
Healthcare Research and Quality, after consultation with the
Director of the Office of Elder Justice in the Department of
Health and Human Services and the Director of the Office of
Elder Justice in the Department of Justice, shall, directly or
through a grant, conduct a study on consumer concerns relating
to residential long-term care facilities other than nursing
facilities.
``(2) Specific topics.--The entity conducting the study
shall--
``(A) develop definitions for classes of the
residential long-term care facilities described in
paragraph (1); and
``(B) collect information on the prices of, level
of services provided by, oversight and enforcement
provisions of, and admission and discharge criteria of
the facilities.
``(b) Report.--The Director of the Agency for Healthcare Research
and Quality shall prepare a report containing the results of the study
and, not later than the date that is 2 years after the date of
enactment of the Elder Justice Act, submit the report to the Elder
Justice Coordinating Council established under section 2212, the
Committee on Ways and Means of the House of Representatives, and the
Special Committee on Aging of the Senate.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2007 through 2013.
``Subtitle D--Miscellaneous Provisions
``SEC. 2261. EVALUATIONS.
``(a) Grants.--
``(1) In general.--In making a grant under a provision of
this title, the granting authority shall--
``(A) require the recipient of the grant to--
``(i) reserve a portion of the funds made
available through the grant; and
``(ii) use the reserved funds to conduct an
evaluation of the other activities carried out
through the grant; or
``(B)(i) reserve a portion of the funds available
for the grant; and
``(ii) use the reserved funds to provide assistance
to an eligible entity to conduct an evaluation of the
activities carried out through the grant.
``(2) Use of funds.--A recipient of a grant described in
paragraph (1)(A), or assistance described in paragraph
(1)(B)(ii), shall use the funds made available through the
grant, or the assistance, respectively, to conduct a validated
evaluation of the effectiveness of the activities described in
subparagraph (A) or (B), respectively, of paragraph (1).
``(3) Applications.--
``(A) Submission.--
``(i) Grants for projects containing
evaluations.--To be eligible to receive a grant
for which the granting authority requires the
reservation described in paragraph (1)(A)(i),
an entity shall include a proposal for the
evaluation in the application submitted for the
grant.
``(ii) Assistance for evaluations.--To be
eligible to receive assistance under paragraph
(1)(B)(ii), an entity shall submit an
application to the granting authority at such
time, in such manner, and containing such
information as the granting authority may
require, including a proposal for the
evaluation.
``(B) Review and assistance.--An employee of the
National Institute on Aging and a private expert with
expertise in evaluation methodology shall review each
proposal described in clause (i) or (ii) of
subparagraph (A), and determine whether the methodology
described in the proposal is adequate to gather
meaningful information. If the employee and expert
determine that the methodology is inadequate, the
employee and expert shall recommend that the granting
authority deny the application for the grant described
in subparagraph (A)(i), or the assistance described in
subparagraph (B)(ii), as appropriate, or make
recommendations for how the application should be
amended. If the granting authority denies the
application on the basis of the proposal, the granting
authority shall inform the applicant why the
application was denied, and offer assistance to the
applicant in modifying the proposal.
``(b) Other Grants.--The granting authority shall make grants to
appropriate entities to conduct validated evaluations of activities to
reduce elder abuse, neglect, and exploitation that are not funded under
this title.
``(c) Condition of Participation.--As a condition of participation
in any grant under this title, individuals, facilities, and other
entities shall agree to be subject to sections 3729 through 3733 of
title 31, United States Code, and other applicable laws.
``SEC. 2262. HUMAN SUBJECT RESEARCH.
``(a) In General.--For purposes of the application of subpart A of
part 46 of title 45, Code of Federal Regulations, to research conducted
under this title, the term `legally authorized representative' means,
unless otherwise provided by law, the individual, or judicial or other
body authorized under the applicable law to consent to medical
treatment on behalf of another person.
``(b) Guidelines.--The Secretary, through the Director of the
National Institute on Aging, after consultation with the Director of
the Office for Human Research Protections, shall promulgate guidelines
to assist researchers working in the area of elder abuse, neglect, and
exploitation, with issues relating to human subject protections.
``SEC. 2263. REGULATIONS.
``The Secretary may issue such regulations as may be necessary to
carry out this title.
``SEC. 2264. RULE OF CONSTRUCTION.
``Nothing in this title shall be construed to interfere with or
abridge an elder's right to practice his or her religion through
reliance on prayer alone for healing when this choice--
``(1) is contemporaneously expressed, either orally or in
writing, with respect to a specific illness or injury which the
elder has at the time of the decision by an elder who is
competent at the time of the decision;
``(2) is previously set forth in a living will, health care
proxy, or other advance directive document that is validly
executed and applied under State law; or
``(3) may be unambiguously deduced from the elder's life
history.
``SEC. 2265. AUTHORIZATION OF APPROPRIATION.
``There are authorized to be appropriated to carry out this
subtitle $7,000,000 for each of fiscal years 2007 through 2013.''.
SEC. 102. SUPPORTING THE LONG-TERM CARE OMBUDSMAN PROGRAM.
(a) Supporting the Long-Term Care Ombudsman Program.--
(1) In general.--Section 712(h) of the Older Americans Act
of 1965 (42 U.S.C. 3058g(h)) is amended--
(A) in paragraph (8), by striking ``; and'' at the
end and inserting a semicolon;
(B) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(10) make grants, in consultation with the Director of
the Office of Elder Justice in the Department of Health and
Human Services and the Director of the Office of Elder Justice
in the Department of Justice, to eligible entities with
relevant expertise and experience to conduct evaluations and
pilot studies relating to various programs and methods carried
out by the Office of the State Long-Term Care Ombudsman or a
local Ombudsman entity under section 307(a)(9) or this chapter,
or to provide support (such as an ombudsman resource
center).''.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out the amendments made by this
subsection--
(A) $5,000,000 in fiscal year 2007;
(B) $7,500,000 in fiscal year 2008; and
(C) $10,000,000 in each of fiscal years 2009
through 2013.
(b) Ombudsman Training Programs.--
(1) In general.--The Secretary of Health and Human Services
(in this Act referred to as the ``Secretary'') shall establish
programs to provide and improve ombudsman training with respect
to elder abuse, neglect, and exploitation for national
organizations and for State Long-Term Care Ombudsman programs.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $10,000,000 for
each of fiscal years 2007 through 2013.
SEC. 103. ADULT PROTECTIVE SERVICES FUNCTIONS AND GRANT PROGRAMS.
Part A of title XI of the Social Security Act (42 U.S.C. 1301 et
seq.) is amended by adding at the end the following new section:
``adult protective services functions
``Sec. 1150A. (a) Functions.--
``(1) In general.--The Secretary shall ensure that the
Department of Health and Human Services--
``(A) provides funding authorized by this title to
State and local adult protective services offices that
investigate reports of the abuse, neglect, and
exploitation of elders;
``(B) collects and disseminates data annually
relating to the abuse, exploitation, and neglect of
elders in coordination with the Bureau of Justice
Statistics of the Office of Justice Programs of the
Department of Justice efforts to collect national data
under section 2221;
``(C) develops and disseminates information on best
practices regarding, and provides training on, carrying
out adult protective services;
``(D) in conjunction with the necessary experts,
conducts research related to the provision of adult
protective services; and
``(E) provides technical assistance to States and
other entities that provide or fund the provision of
adult protective services, including through grants
made under subsections (b) and (c).
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $2,000,000 for fiscal year 2007; and
``(B) $3,000,000 for each of fiscal years 2008
through 2013.
``(b) Grant Program.--
``(1) Establishment.--There is established an adult
protective services grant program under which the Secretary
shall annually award grants to States in the amounts calculated
under paragraph (2) for the purposes of enhancing adult
protective services provided by States and local units of
government.
``(2) Amount of payment.--
``(A) In general.--Subject to subparagraphs (B) and
(C), with respect to a fiscal year, each State shall be
paid an amount equal to the product of--
``(i) the amount appropriated for the year
under paragraph (5); and
``(ii) the ratio (expressed as a
percentage) of--
``(I) the total number of elders
who reside in the State, to
``(II) the total number of elders
who reside in the United States.
``(B) Guaranteed minimum payment amount.--
``(i) 50 states.--Subject to clause (ii),
if the amount determined under subparagraph (A)
for a State for a year is less than 0.75
percent of the amount appropriated under
paragraph (5), the Secretary shall increase
such determined amount so that the total amount
paid under this subsection to the State for the
year is equal to 0.75 percent of the amount so
appropriated.
``(ii) Territories.--In the case of a State
other than 1 of the 50 States, clause (i) shall
be applied as if each reference to `0.75' were
a reference to `0.1'.
``(C) Pro rata reductions.--The Secretary shall
make such pro rata reductions to the amounts described
in subparagraph (A) as are necessary to comply with the
requirements of subparagraph (B).
``(3) Authorized activities.--
``(A) Adult protective services.--Funds made
available pursuant to this subsection may only be used
by States and local units of government to provide
adult protective services and may not be used for any
other purpose.
``(B) Use by agency.--Each State receiving funds
pursuant to this subsection shall provide such funds to
the agency or unit of State government having legal
responsibility for providing adult protective services
within the State.
``(C) Supplement not supplant.--Each State or local
unit of government shall use funds made available
pursuant to this subsection to supplement and not
supplant other Federal, State, and local public funds
expended to provide adult protective services in the
State.
``(4) Reports.--
``(A) State reports.--Each State receiving funds
under this subsection shall submit to the Secretary, at
such time and in such manner as the Secretary may
require, a report on the number of elders served by the
award of grants under this subsection.
``(B) Report by the secretary.--Not later than
October 1, 2011, the Secretary shall submit to the
appropriate committees of Congress a report compiling,
summarizing, and analyzing the information contained in
the reports submitted under subparagraph (A) together
with such recommendations for legislative or
administrative action as the Secretary determines to be
appropriate.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $300,000,000
for each of fiscal years 2007 through 2011.''.
SEC. 104. ASSURING SAFETY OF RESIDENTS WHEN NURSING FACILITIES CLOSE.
(a) Nursing Facility Closure Under Medicaid.--Section 1919(c)(2) of
the Social Security Act (42 U.S.C. 1396r(c)(2)) is amended by adding at
the end the following new subparagraph:
``(G) Notice of nursing facility closure and
resident transfer plan.--
``(i) In general.--The owner or operator of
a nursing facility shall--
``(I) submit to the Secretary and
the State (including the State Long-
Term Care Ombudsman) in which the
facility is located written
notification of an impending closure
not later than the date that is 60 days
prior to the date of such closure;
``(II) include in the notice a plan
for the transfer and adequate
relocation of the residents prior to
closure, including assurances that
residents will not be transferred to
facilities providing substandard care
for which administrative or law
enforcement action is pending; and
``(III) not later than 10 days
after the facility closure, submit to
the Secretary and the State information
identifying where residents of the
closed facility were transferred and on
what date.
``(ii) Sanctions.--Any person owning a
nursing facility that fails to comply with the
requirements of clause (i) shall be subject
to--
``(I) a civil monetary penalty of
up to $1,000,000;
``(II) exclusion from participation
in the programs under this Act (in
accordance with the procedures of
section 1128); and
``(III) any other applicable civil
monetary penalties and assessments.
``(iii) Procedure.--A civil monetary
penalty or assessment authorized under clause
(ii) shall be imposed against a person in the
same manner as a civil monetary penalty,
assessment, or exclusion is imposed under
section 1128A.''.
(b) Skilled Nursing Facility Closure Under Medicare.--Section
1819(c)(2) of the Social Security Act (42 U.S.C. 1395i-3(c)(2)) is
amended by adding at the end the following new subparagraph:
``(D) Notice of skilled nursing facility closure
and resident transfer plan.--
``(i) In general.--The owner or operator of
a skilled nursing facility shall--
``(I) submit to the Secretary and
the State in which the facility is
located written notification of an
impending closure not later than the
date that is 60 days prior to the date
of such closure;
``(II) include in the notice a plan
for the transfer and adequate
relocation of the residents prior to
closure, including assurances that
residents will not be transferred to
facilities providing substandard care
for which administrative or law
enforcement action is pending; and
``(III) not later than 10 days
after the facility closure, submit to
the Secretary and the State information
identifying where residents of the
closed facility were transferred and on
what date.
``(ii) Sanctions.--Any person owning a
nursing facility that fails to comply with the
requirements of clause (i) shall be subject
to--
``(I) a civil monetary penalty of
up to $1,000,000;
``(II) exclusion from participation
in the programs under this Act (in
accordance with the procedures of
section 1128); and
``(III) any other applicable civil
monetary penalties and assessments.
``(iii) Procedure.--A civil monetary
penalty or assessment authorized under clause
(ii) shall be imposed against a person in the
same manner as a civil monetary penalty,
assessment, or exclusion is imposed under
section 1128A.''.
SEC. 105. NATIONAL NURSE AIDE REGISTRY.
(a) Study and Report.--
(1) In general.--The Secretary, in consultation with
appropriate government agencies and private sector
organizations, shall conduct a study on establishing a national
nurse aide registry.
(2) Areas evaluated.--The study conducted under this
subsection shall include an evaluation of--
(A) who should be included in the registry;
(B) how such a registry would comply with Federal
and State privacy laws and regulations;
(C) how data would be collected for the registry;
(D) what entities and individuals would have access
to the data collected;
(E) how the registry would provide appropriate
information regarding violations of Federal and State
law by individuals included in the registry; and
(F) how the functions of a national nurse aide
registry would be coordinated with the pilot program
for national and State background checks on direct
patient access employees of long-term care facilities
or providers established under section 307 of the
Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173) and the
national criminal background check program established
under section 106(c).
(3) Considerations.--In conducting the study and preparing
the report required under this subsection, the Secretary shall
take into consideration the findings and conclusions of
relevant reports, including the following:
(A) The Department of Health and Human Services
Office of Inspector General Report, Nurse Aide
Registries: State Compliance and Practices (February
2005).
(B) The General Accounting Office (now known as the
Government Accountability Office) Report, Nursing
Homes: More Can Be Done to Protect Residents from Abuse
(March 2002).
(C) The Department of Health and Human Services
Office of the Inspector General Report, Nurse Aide
Registries: Long-Term Care Facility Compliance and
Practices (July 2005).
(D) The Department of Health and Human Services
Health Resources and Services Administration Report,
Nursing Aides, Home Health Aides, and Related Health
Care Occupations--National and Local Workforce
Shortages and Associated Data Needs (2004)(in
particular with respect to chapter 7 & appendix F).
(E) The 2001 Report to CMS from the School of Rural
Public Health, Texas A&M University, Preventing Abuse
and Neglect in Nursing Homes: The Role of Nurse Aide
Registries.
(4) Report.--Not later than 24 months after the date of
enactment of this Act, the Secretary shall submit a report to
the appropriate Committees of Congress containing the findings
and recommendations of the study conducted under this
subsection.
(5) Funding limitation.--Funding for the study conducted
under this subsection shall not exceed $500,000.
(b) Establishment of National Nurse Aide Registry.--
(1) In general.--Upon completion of the report described in
subsection (a)(4), the Secretary shall take appropriate
measures to establish a national nurse aide registry, taking
into account the findings and recommendations contained in the
report.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary for the purpose
of carrying out this subsection.
SEC. 106. BACKGROUND CHECKS ON DIRECT ACCESS EMPLOYEES OF LONG-TERM
CARE FACILITIES OR PROVIDERS.
(a) Screening of Skilled Nursing Facility and Nursing Facility
Employee Applicants.--
(1) Medicare program.--Section 1819(b) of the Social
Security Act (42 U.S.C. 1395i-3(b)) is amended by adding at the
end the following:
``(9) Screening of skilled nursing facility workers.--
``(A) Background checks on applicants.--Before
hiring a skilled nursing facility worker, a skilled
nursing facility shall conduct a background check on
the employee in accordance with such procedures as the
Secretary shall establish.
``(B) Prohibition on hiring of abusive workers.--
``(i) In general.--Subject to clause (ii),
a skilled nursing facility may not knowingly
employ any skilled nursing facility worker who
has any disqualifying information (as defined
in subparagraph (F)(ii)).
``(ii) Provisional employment.--A skilled
nursing facility may provide for a provisional
period of employment for a skilled nursing
facility worker pending completion of the
background check required under subparagraph
(A). Such facility shall maintain direct
supervision of the covered individual during
the worker's provisional period of employment.
``(C) Procedures.--The procedures established by
the Secretary under subparagraph (A) shall--
``(i) provide a process by which a skilled
nursing facility worker may appeal or dispute
the accuracy of the information obtained in a
background check conducted under this
paragraph;
``(ii) take into account the needs of
skilled nursing facilities located in rural
areas and skilled nursing facilities that serve
a low volume of patients (as determined by the
Secretary) with respect to providing
supervision for provisional employees who are
awaiting the results of a background check
conducted under this paragraph; and
``(iii) provide for the reimbursement of
nursing facilities for 100 percent of the costs
incurred by such facilities in complying with
the requirements of this section.
``(D) Immunity from liability.--A skilled nursing
facility that, in denying employment for an applicant,
reasonably relies upon information about such applicant
provided by the criminal background check shall not be
liable in any action brought by such applicant based on
the employment determination resulting from the
information.
``(E) Civil penalty.--
``(i) In general.--A skilled nursing
facility that violates the provisions of this
paragraph shall be subject to a civil penalty
in an amount not to exceed--
``(I) for the first such violation,
$2,000; and
``(II) for the second and each
subsequent violation within any 5-year
period, $5,000.
``(ii) Knowing retention of worker.--In
addition to any civil penalty under clause (i),
a skilled nursing facility that knowingly
continues to employ a skilled nursing facility
worker in violation of subparagraph (A) or (B)
shall be subject to a civil penalty in an
amount not to exceed $5,000 for the first such
violation, and $10,000 for the second and each
subsequent violation within any 5-year period.
``(F) Definitions.--In this paragraph:
``(i) Conviction for a relevant crime.--The
term `conviction for a relevant crime' means
any Federal or State criminal conviction for--
``(I) any offense described in
section 1128(a); and
``(II) such other types of offenses
as the Secretary may specify in
regulations.
``(ii) Disqualifying information.--The term
`disqualifying information' means information
about a conviction for a relevant crime or a
finding of patient or resident abuse.
``(iii) Skilled nursing facility worker.--
The term `skilled nursing facility worker'
means any individual (other than a volunteer)
that has direct access to a patient of a
skilled nursing facility under an employment or
other contract, or both, with such facility.
Such term includes individuals who are licensed
or certified by the State to provide long-term
care services, and nonlicensed individuals
providing such services, as defined by the
Secretary, including nurse assistants, nurse
aides, home health aides, and personal care
workers and attendants.''.
(2) Medicaid program.--Section 1919(b) of the Social
Security Act (42 U.S.C. 1396r(b)) is amended by adding at the
end the following new paragraph:
``(9) Screening of nursing facility workers.--
``(A) Background checks on applicants.--Before
hiring a nursing facility worker, a nursing facility
shall conduct a background check on the employee in
accordance with such procedures as the Secretary shall
establish.
``(B) Prohibition on hiring of abusive workers.--
``(i) In general.--Subject to clause (ii),
a nursing facility may not knowingly employ any
nursing facility worker who has any
disqualifying information (as defined in
subparagraph (F)(ii)).
``(ii) Provisional employment.--A nursing
facility may provide for a provisional period
of employment for a nursing facility worker
pending completion of the background check
required under subparagraph (A). Such facility
shall maintain direct supervision of the
covered individual during the worker's
provisional period of employment.
``(C) Procedures.--The procedures established by
the Secretary under subparagraph (A) shall--
``(i) provide a process by which a nursing
facility worker may appeal or dispute the
accuracy of the information obtained in a
background check conducted under this
paragraph;
``(ii) take into account the needs of
nursing facilities located in rural areas and
nursing facilities that serve a low volume of
patients (as determined by the Secretary) with
respect to providing supervision for
provisional employees who are awaiting the
results of a background check conducted under
this paragraph; and
``(iii) provide for the reimbursement of
nursing facilities for 100 percent of the costs
incurred by such facilities in complying with
the requirements of this section.
``(D) Immunity from liability.--A nursing facility
that, in denying employment for an applicant,
reasonably relies upon information about such applicant
provided by the criminal background check shall not be
liable in any action brought by such applicant based on
the employment determination resulting from the
information.
``(E) Civil penalty.--
``(i) In general.--A nursing facility that
violates the provisions of this paragraph shall
be subject to a civil penalty in an amount not
to exceed--
``(I) for the first such violation,
$2,000; and
``(II) for the second and each
subsequent violation within any 5-year
period, $5,000.
``(ii) Knowing retention of worker.--In
addition to any civil penalty under clause (i),
a nursing facility that knowingly continues to
employ a nursing facility worker in violation
of subparagraph (A) or (B) shall be subject to
a civil penalty in an amount not to exceed
$5,000 for the first such violation, and
$10,000 for the second and each subsequent
violation within any 5-year period.
``(F) Definitions.--In this paragraph:
``(i) Conviction for a relevant crime.--The
term `conviction for a relevant crime' means
any Federal or State criminal conviction for--
``(I) any offense described in
section 1128(a); and
``(II) such other types of offenses
as the Secretary may specify in
regulations.
``(ii) Disqualifying information.--The term
`disqualifying information' means information
about a conviction for a relevant crime or a
finding of patient or resident abuse.
``(iii) Nursing facility worker.--The term
`nursing facility worker' means any individual
(other than a volunteer) that has direct access
to a patient of a nursing facility under an
employment or other contract, or both, with
such facility. Such term includes individuals
who are licensed or certified by the State to
provide long-term care services, and
nonlicensed individuals providing such
services, as defined by the Secretary,
including nurse assistants, nurse aides, home
health aides, and personal care workers and
attendants.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date that is 1 year after the date on
which the evaluation is completed under subsection (c)(1).
(b) Application to Other Long-Term Care Facilities or Providers.--
(1) Medicare.--Part E of title XVIII of the Social Security
Act (42 U.S.C. 1395x et seq.) is amended by adding at the end
the following:
``application of skilled nursing facility preventive abuse provisions
to long-term care facilities and providers
``Sec. 1898. (a) The provisions of section 1819(b)(9) shall apply
to a long-term care facility or provider (as defined in subsection (b))
in the same manner as such provisions apply to a skilled nursing
facility.
``(b) Long-Term Care Facility or Provider.--In this section, the
term `long-term care facility or provider' means the following
facilities or providers which receive payment for services under this
title or title XIX:
``(1) A home health agency.
``(2) A provider of hospice care.
``(3) A long-term care hospital.
``(4) A provider of personal care services.
``(5) A residential care provider that arranges for, or
directly provides, long-term care services.
``(6) An intermediate care facility for the mentally
retarded (as defined in section 1905(d)).''.
(2) Medicaid.--Section 1902(a) of the Social Security Act
(42 U.S.C. 1396a) is amended--
(A) in paragraph (66), by striking ``and'' at the
end;
(B) in paragraph (67), by striking the period and
inserting ``; and''; and
(C) by inserting after paragraph (67) the
following:
``(68) provide that the provisions of section 1919(b)(9)
apply to a long-term care facility or provider (as defined in
section 1898(b)) in the same manner as such provisions apply to
a nursing facility.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date that is 1 year after the date on
which the evaluation is completed under subsection (c)(1).
(c) National Criminal Background Check Program.--
(1) Completion of pilot program evaluation.--Not later than
the date that is 6 months after the completion of the pilot
program for national and State background checks on direct
patient access employees of long-term care facilities or
providers established under section 307 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173), the Secretary shall complete the
evaluation required under subsection (e) of such section of
such Act.
(2) Establishment.--
(A) In general.--Not later than the date that is 1
year after the completion of the evaluation of the
program described in paragraph (1), the Secretary, in
consultation with the Attorney General, shall establish
a national criminal background check program in order
to prevent abuse of nursing facility and skilled
nursing facility residents and individuals receiving
home health care services and other long-term care
services under the medicare or medicaid programs,
taking into account the findings and recommendations
contained in the evaluation.
(B) Use in conducting required background checks.--
The national criminal background check program shall be
made available to a long-term care facility or provider
for the purpose of conducting criminal background
checks, including the criminal background checks
required under sections 1819(b)(9) and 1919(b)(9) of
the Social Security Act (42 U.S.C. 1395i-3(b),
1396r(b)) (as added by subsection (a)).
(C) Conduct of background checks by the federal
bureau of investigation.--The Secretary, in
consultation with the Attorney General, shall establish
procedures for the background checks to be conducted by
the Federal Bureau of Investigation, in cooperation
with appropriate State and Federal agencies.
(D) Consultation.--In establishing the national
criminal background check program, the Secretary shall
consult with appropriate interested parties,
including--
(i) representatives of long-term care
facilities or providers;
(ii) representatives of employees of long-
term care facilities or providers;
(iii) consumers of long-term care services;
(iv) consumer advocates; and
(v) appropriate Federal and State
officials.
(E) Integration.--The Secretary shall take
appropriate measures to integrate the national criminal
background check program and the national nurse aide
registry established under section 105(b) into a single
system. The integration of the program and the registry
shall be done in such a manner as to efficiently and
accurately provide timely responses to long-term care
facilities and providers utilizing the integrated
system.
(3) Definitions.--In this subsection:
(A) Long-term care facility or provider.--The term
``long-term care facility or provider'' means the
following facilities or providers which receive payment
for services under title XVIII or XIX of the Social
Security Act:
(i) A nursing facility (as defined in
subparagraph (B)).
(ii) A skilled nursing facility (as defined
in subparagraph (C)).
(iii) A home health agency.
(iv) A provider of hospice care (as defined
in section 1861(dd)(1) of the Social Security
Act) (42 U.S.C. 1395x(dd)(1)).
(v) A long-term care hospital (as described
in section 1886(d)(1)(B)(iv) of such Act) (42
U.S.C. 1395ww(d)(1)(B)(iv)).
(vi) A provider of personal care services.
(vii) A residential care provider that
arranges for, or directly provides, long-term
care services.
(viii) An intermediate care facility for
the mentally retarded (as defined in section
1905(d) of such Act) (42 U.S.C. 1396d(d)).
(B) Nursing facility.--The term ``nursing
facility'' has the meaning given such term in section
1919(a) of the Social Security Act (42 U.S.C.
1396r(a)).
(C) Skilled nursing facility.--The term ``skilled
nursing facility'' has the meaning given such term in
1819(a) of the Social Security Act (42 U.S.C. 1395i-
3(a)).
TITLE II--DEPARTMENT OF JUSTICE
SEC. 201. MODEL STATE LAWS AND PRACTICES.
(a) In General.--The Attorney General, after consultation with the
Secretary, shall carry out the following duties:
(1) Study.--Conduct a study of State laws and practices
relating to elder abuse, neglect, and exploitation.
(2) Report to elder justice resource center.--Prepare and
submit a report or periodic reports containing the findings of
the study conducted under paragraph (1) to the Elder Justice
Resource Center established under section 2221 of the Social
Security Act, to be made available to the public.
(3) Report to congress.--Not later than 2 years after the
date of enactment of this Act, submit to the Chairman and
Ranking Member of the Special Committee on Aging of the Senate,
and the Speaker and Minority leader of the House of
Representatives a report that contains--
(A) a comprehensive description of State laws and
practices relating to elder abuse, neglect, and
exploitation;
(B) a comprehensive analysis of the effectiveness
of such State laws and practices; and
(C) recommendations--
(i) for model State laws and practices
relating to elder abuse, neglect, and
exploitation; and
(ii) with respect to the definitions
referred to in subsection (b)(1).
(b) State Laws and Practices.--The Attorney General shall examine
State laws and practices under subsection (a) on issues including--
(1) the definition of--
(A) ``elder'';
(B) ``abuse'';
(C) ``neglect'';
(D) ``exploitation''; and
(E) such related terms the Attorney General
determines to be appropriate;
(2) mandatory reporting laws, with respect to--
(A) who is a mandated reporter;
(B) to whom must they report and within what time
frame; and
(C) any consequences for not reporting;
(3) evidentiary, procedural, sentencing, choice of
remedies, and data retention issues relating to pursuing cases
relating to elder abuse, neglect, and exploitation;
(4) laws requiring immediate reporting of all nursing home
deaths to the county coroner or to some other individual or
entity;
(5) fiduciary laws, including guardianship and power of
attorney laws;
(6) laws that permit or encourage banks and bank employees
to prevent and report suspected elder abuse, neglect, and
exploitation;
(7) laws that may impede research on elder abuse, neglect,
and exploitation;
(8) practices relating to the enforcement of laws relating
to elder abuse, neglect, and exploitation; and
(9) practices relating to other aspects of elder justice.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $1,000,000 in fiscal year 2007; and
(2) $2,000,000 for each of fiscal years 2008 through 2013.
SEC. 202. OFFICE OF ELDER JUSTICE OF THE DEPARTMENT OF JUSTICE.
(a) Establishment.--There is established within the Department of
Justice, under the Assistant Attorney General and the Office of Justice
Programs, an Office of Elder Justice.
(b) Director of the Office of Elder Justice.--
(1) Appointment.--The President, with the advice and
consent of the Senate, shall appoint a Director of the Office
of Elder Justice, from among individuals with experience and
expertise in elder justice issues, to manage the Office of
Elder Justice established under this section.
(2) Duties.--The Director of the Office of Elder Justice
shall--
(A)(i) develop objectives, priorities, policies,
and a long-term plan for elder justice programs and
activities relating to prevention, detection, training,
treatment, evaluation, intervention, research, and
improvement of the elder justice system in the United
States;
(ii) implement the overall policies and a strategy
to carry out the plan described in clause (i); and
(iii) hire personnel to assist the director in
carrying out the policies, programs, and administrative
activities related to the duties under clauses (i) and
(ii);
(B) provide advice to the Attorney General on elder
justice issues; and
(C) coordinate activities with the Director of the
Office of Elder Justice within the Department of Health
and Human Services.
(3) Reporting relationship.--The Director of the Office of
Elder Justice shall have the same reporting relationship with
the Attorney General, the Assistant Attorney General, and the
Office of Justice Programs as the directors of the other
offices headed by Presidential appointees within the Office of
Justice Programs.
(4) Compensation.--The Director of the Office of Elder
Justice shall be compensated at a rate that shall not exceed
the rate established for level I of the Executive Schedule
under section 5312 of title 5, United States Code.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2007 through 2013.
SEC. 203. VICTIM ADVOCACY GRANTS.
(a) Grants Authorized.--The Attorney General, after consultation
with the Secretary, may award grants to eligible entities to study the
special needs of victims of elder abuse, neglect, and exploitation.
(b) Authorized Activities.--Funds awarded pursuant to subsection
(a) shall be used for pilot programs that--
(1) develop programs, provide training to health care,
social, and protective services providers, law enforcement,
fiduciaries (including guardians), judges and court personnel,
and victim advocates; and
(2) examine special approaches designed to meet the needs
of victims of elder abuse, neglect, and exploitation.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $2,500,000 for fiscal year 2007; and
(2) $3,000,000 for each of fiscal years 2008 through 2013.
SEC. 204. SUPPORTING LOCAL PROSECUTORS IN ELDER JUSTICE MATTERS.
(a) Grants Authorized.--The Attorney General, after consultation
with the Director of the Office of Elder Justice in the Department of
Health and Human Services, shall award grants to provide training,
technical assistance, policy development, multidisciplinary
coordination, and other types of support to local prosecutors handling
elder justice-related cases, including--
(1) funding specially designated elder justice positions or
units; or
(2) funding the creation of a Center for the Prosecution of
Elder Abuse, Neglect, and Exploitation by the American
Prosecutor Research Institute of the National District
Attorneys Association, or any other similarly situated entity,
to advise and support local prosecutors nationwide in their
pursuit of cases involving elder abuse, neglect, and
exploitation.
(b) Duties.--The Center created under subsection (a) shall, among
other things--
(1) collaborate with experts in elder abuse, neglect, and
exploitation;
(2) collaborate with the Advisory Board created by section
2213 of the Social Security Act; and
(3) provide local prosecutors and personnel assisting such
prosecutors with training, technical assistance,
multidisciplinary teams, and input in the handling, prevention
and prosecution of, and special circumstances surrounding,
elder abuse, neglect, and exploitation.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $3,000,000 for fiscal year 2007; and
(2) $4,00,000 for each of fiscal years 2008 through 2013.
SEC. 205. SUPPORTING STATE PROSECUTORS IN ELDER JUSTICE MATTERS.
(a) In General.--The Attorney General shall, after consultation
with the Secretary, award grants to provide training, technical
assistance, multidisciplinary coordination, policy development, and
other types of support to State prosecutors, including employees of
State Attorneys General and Medicaid Fraud Control Units handling elder
justice-related matters.
(b) Creating Specialized Positions.--Grants under this section may
be made for--
(1) the establishment of specially designated elder justice
positions or units; or
(2) the creation of a position to coordinate elder justice-
related cases, training, technical assistance, and policy
development for State prosecutors, by the National Association
of Attorneys General (NAAG) or any other similarly situated
entity.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $3,000,000 for fiscal year 2007; and
(2) $4,000,000 for each of fiscal years 2008 through 2013.
SEC. 206. INCREASED SUPPORT FOR FEDERAL CASES INVOLVING ELDER JUSTICE.
(a) Support and Assistance.--
(1) In general.--The Attorney General shall establish
procedures to ensure that the Department of Justice dedicates
resources to supporting cases relating to elder justice.
(2) Additional staff.--The Attorney General shall have
additional Federal prosecutors and make funding available to
Federal prosecutors to hire nurse-investigators or other
experts needed to identify, assist with, or pursue cases
relating to elder justice.
(3) Resource group.--The Attorney General may fund through
the Executive Office of United States Attorneys a Resource
Group to assist prosecutors throughout the Nation in pursuing
failure of care and other cases relating to elder justice
matters.
(b) Office of Inspector General.--The Office of Inspector General
of the Department of Health and Human Services shall hire nurse
investigators and other experts to investigate and pursue failure of
care allegations.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $3,000,000 for fiscal year 2007; and
(2) $4,000,000 for each of fiscal years 2008 through 2013.
SEC. 207. SUPPORTING LAW ENFORCEMENT IN ELDER JUSTICE MATTERS.
(a) In General.--The Attorney General shall, after consultation
with the Secretary, award grants to provide training, technical
assistance, multidisciplinary coordination, policy development, and
other types of support to police, sheriffs, detectives, public safety
officers, corrections personnel, and other frontline law enforcement
responders who handle elder justice-related matters, to fund specially
designated elder justice positions or units designed to support front
line law enforcement in elder justice matters.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $6,000,000 for fiscal year 2007; and
(2) $8,000,000 for each of fiscal years 2008 through 2013.
SEC. 208. EVALUATIONS.
(a) Grants.--
(1) In general.--In making a grant under a provision of
this title, the granting authority shall--
(A) require the recipient of the grant to--
(i) reserve a portion of the funds made
available through the grant; and
(ii) use the reserved funds to conduct an
evaluation of the other activities carried out
through the grant; or
(B)(i) reserve a portion of the funds available for
the grant; and
(ii) use the reserved funds to provide assistance
to an eligible entity to conduct an evaluation of the
activities carried out through the grant.
(2) Use of funds.--A recipient of a grant described in
paragraph (1)(A), or assistance described in paragraph
(1)(B)(ii), shall use the funds made available through the
grant, or the assistance, respectively, to conduct a validated
evaluation of the effectiveness of the activities described in
subparagraph (A) or (B), respectively, of paragraph (1).
(3) Applications.--
(A) Submission.--
(i) Grants for projects containing
evaluations.--To be eligible to receive a grant
for which the granting authority requires the
reservation described in paragraph (1)(A)(i),
an entity shall include a proposal for the
evaluation in the application submitted for the
grant.
(ii) Assistance for evaluations.--To be
eligible to receive assistance under paragraph
(1)(B)(ii), an entity shall submit an
application to the granting authority at such
time, in such manner, and containing such
information as the granting authority may
require, including a proposal for the
evaluation.
(B) Review and assistance.--
(i) In general.--An employee of the
Department of Justice, after consultation with
an employee of the Department of Health and
Human Services and a nongovernmental member of
the advisory board established under section
2213 of the Social Security Act with expertise
in evaluation methodology, shall review each
proposal described in clause (i) or (ii) of
subparagraph (A), and determine whether the
methodology described in the proposal is
adequate to gather meaningful information.
(ii) Denial.--If the reviewing employee
determines the methodology described in the
proposal is inadequate under clause (i), they
shall recommend that the granting authority
deny the application for the grant described in
subparagraph (A)(i), or the assistance
described in subparagraph (B)(ii), as
appropriate, or make recommendations for how
the application should be amended.
(iii) Notice to applicant.--If the granting
authority denies the application on the basis
of the proposal under this subparagraph, the
granting authority shall inform the applicant
why the application was denied and offer
assistance to the applicant in modifying the
proposal.
(b) Other Grants.--The granting authority shall make grants to
appropriate entities to conduct validated evaluations of activities to
reduce elder abuse, neglect, and exploitation that are not funded under
this title.
(c) Condition of Participation.--As a condition of participation in
any grant under this title, individuals, facilities, and other entities
shall agree to be subject to the provisions of section 571 of title 18,
United States Code, as added by this Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $7,000,000 for each of fiscal
years 2007 through 2013.
TITLE III--TAX PROVISIONS
SEC. 301. LONG-TERM CARE FACILITY WORKER EMPLOYMENT TAX CREDIT.
(a) Work Opportunity Tax Credit.--
(1) In general.--Section 51(d)(1) of the Internal Revenue
Code of 1986 (relating to members of targeted groups) is
amended by striking ``or'' at the end of subparagraph (G), by
striking the period at the end of subparagraph (H) and
inserting ``or'', and by adding at the end the following:
``(I) a qualified long-term care facility
worker.''.
(2) Qualified long-term care facility worker.--Section
51(d) of such Code is amended by redesignating paragraphs (10)
through (12) as paragraphs (11) through (13), respectively, and
by inserting after paragraph (9) the following:
``(10) Qualified long-term care facility worker.--The term
`qualified long-term care facility worker' means any individual
who--
``(A) is hired by a long-term care facility (as
defined in paragraph (18) of section 2201 of the Social
Security Act); and
``(B) is certified by the designated local agency
as being qualified to provide long-term care (as
defined in paragraph (17) of such section 2201).''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to individuals who begin work for an employer after the date of
enactment of this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S12847-12848)
Read twice and referred to the Committee on Finance.
Committee on Finance. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Finance. Reported by Senator Grassley with an amendment in the nature of a substitute. With written report No. 109-337.
Committee on Finance. Reported by Senator Grassley with an amendment in the nature of a substitute. With written report No. 109-337.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 617.
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