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‘‘(B) FILLING UNEXPIRED TERM.—An indi-
vidual chosen to fill a vacancy shall be ap-
pointed for the unexpired term of the member re-
placed. 
‘‘(3) EXPIRATION OF TERMS.—The term of any 
member shall not expire before the date on which the 
member’s successor takes office. 
‘‘(e) ELECTION OF OFFICERS.—The Advisory Board 
shall elect a Chair and Vice Chair from among its members. 
The Advisory Board shall elect its initial Chair and Vice 
Chair at its initial meeting. 
‘‘(f) DUTIES.— 
‘‘(1) ENHANCE COMMUNICATION ON PROMOTING 
QUALITY OF, AND PREVENTING ABUSE, NEGLECT, AND 
EXPLOITATION IN, LONG-TERM CARE.—The Advisory 
Board shall develop collaborative and innovative ap-
proaches to improve the quality of, including pre-
venting abuse, neglect, and exploitation in, long-term 
care. 
‘‘(2) COLLABORATIVE
EFFORTS
TO
DEVELOP 
CONSENSUS AROUND THE MANAGEMENT OF CERTAIN 
QUALITY-RELATED FACTORS.— 
‘‘(A) IN
GENERAL.—The Advisory Board 
shall establish multidisciplinary panels to ad-
dress, and develop consensus on, subjects relating 
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to improving the quality of long-term care. At 
least 1 such panel shall address, and develop con-
sensus on, methods for managing resident-to-resi-
dent abuse in long-term care. 
‘‘(B) ACTIVITIES CONDUCTED.—The multi-
disciplinary panels established under subpara-
graph (A) shall examine relevant research and 
data, identify best practices with respect to the 
subject of the panel, determine the best way to 
carry out those best practices in a practical and 
feasible manner, and determine an effective man-
ner of distributing information on such subject. 
‘‘(3) REPORT.—Not later than the date that is 
18 months after the date of enactment of the Elder 
Justice Act of 2009, and annually thereafter, the Ad-
visory Board shall prepare and submit to the Elder 
Justice Coordinating Council, the Committee on Fi-
nance of the Senate, and the Committee on Ways and 
Means and the Committee on Energy and Commerce 
of the House of Representatives a report containing— 
‘‘(A) information on the status of Federal, 
State, and local public and private elder justice 
activities; 
‘‘(B) 
recommendations 
(including 
rec-
ommended priorities) regarding— 
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‘‘(i) elder justice programs, research, 
training, services, practice, enforcement, 
and coordination; 
‘‘(ii) coordination between entities pur-
suing elder justice efforts and those involved 
in related areas that may inform or overlap 
with elder justice efforts, such as activities 
to combat violence against women and child 
abuse and neglect; and 
‘‘(iii) activities relating to adult fidu-
ciary systems, including guardianship and 
other fiduciary arrangements; 
‘‘(C) recommendations for specific modifica-
tions needed in Federal and State laws (includ-
ing regulations) or for programs, research, and 
training to enhance prevention, detection, and 
treatment (including diagnosis) of, intervention 
in (including investigation of), and prosecution 
of elder abuse, neglect, and exploitation; 
‘‘(D) recommendations on methods for the 
most effective coordinated national data collec-
tion with respect to elder justice, and elder abuse, 
neglect, and exploitation; and 
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‘‘(E) recommendations for a multidisci-
plinary strategic plan to guide the effective and 
efficient development of the field of elder justice. 
‘‘(g) POWERS OF THE ADVISORY BOARD.— 
‘‘(1) INFORMATION FROM FEDERAL AGENCIES.— 
Subject to the requirements of section 2012(a), the Ad-
visory Board may secure directly from any Federal 
department or agency such information as the Advi-
sory Board considers necessary to carry out this sec-
tion. Upon request of the Chair of the Advisory 
Board, the head of such department or agency shall 
furnish such information to the Advisory Board. 
‘‘(2) SHARING OF DATA AND REPORTS.—The Ad-
visory Board may request from any entity pursuing 
elder justice activities under the Elder Justice Act of 
2009 or an amendment made by that Act, any data, 
reports, or recommendations generated in connection 
with such activities. 
‘‘(3) POSTAL
SERVICES.—The Advisory Board 
may use the United States mails in the same manner 
and under the same conditions as other departments 
and agencies of the Federal Government. 
‘‘(h) TRAVEL EXPENSES.—The members of the Advi-
sory Board shall not receive compensation for the perform-
ance of services for the Advisory Board. The members shall 
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be allowed travel expenses for up to 4 meetings per year, 
including per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of chapter 
57 of title 5, United States Code, while away from their 
homes or regular places of business in the performance of 
services for the Advisory Board. Notwithstanding section 
1342 of title 31, United States Code, the Secretary may ac-
cept the voluntary and uncompensated services of the mem-
bers of the Advisory Board. 
‘‘(i) DETAIL
OF GOVERNMENT EMPLOYEES.—Any 
Federal Government employee may be detailed to the Advi-
sory 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 such sums as are nec-
essary to carry out this section. 
‘‘SEC. 2023. RESEARCH PROTECTIONS. 
‘‘(a) GUIDELINES.—The Secretary shall promulgate 
guidelines to assist researchers working in the area of elder 
abuse, neglect, and exploitation, with issues relating to 
human subject protections. 
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‘‘(b) DEFINITION
OF LEGALLY AUTHORIZED REP-
RESENTATIVE FOR APPLICATION OF REGULATIONS.—For 
purposes of the application of subpart A of part 46 of title 
45, Code of Federal Regulations, to research conducted 
under this subpart, the term ‘legally authorized representa-
tive’ means, unless otherwise provided by law, the indi-
vidual or judicial or other body authorized under the appli-
cable law to consent to medical treatment on behalf of an-
other person. 
‘‘SEC. 2024. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this subpart— 
‘‘(1) for fiscal year 2011, $6,500,000; and 
‘‘(2) for each of fiscal years 2012 through 2014, 
$7,000,000. 
‘‘Subpart B—Elder Abuse, Neglect, and Exploitation 
Forensic Centers 
‘‘SEC. 2031. ESTABLISHMENT AND SUPPORT OF ELDER 
ABUSE, NEGLECT, AND EXPLOITATION FO-
RENSIC CENTERS. 
‘‘(a) IN GENERAL.—The Secretary, in consultation 
with the Attorney General, shall make grants to eligible en-
tities to establish and operate stationary and mobile foren-
sic centers, to develop forensic expertise regarding, and pro-
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vide services relating to, elder abuse, neglect, and exploi-
tation. 
‘‘(b) STATIONARY
FORENSIC
CENTERS.—The Sec-
retary shall make 4 of the grants described in subsection 
(a) to institutions of higher education with demonstrated 
expertise in forensics or commitment to preventing or treat-
ing elder abuse, neglect, or exploitation, to establish and 
operate stationary forensic centers. 
‘‘(c) MOBILE CENTERS.—The Secretary shall make 6 
of the grants described in subsection (a) to appropriate enti-
ties to establish and operate mobile forensic centers. 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) DEVELOPMENT OF FORENSIC MARKERS AND 
METHODOLOGIES.—An eligible entity that receives a 
grant under this section shall use funds made avail-
able through the grant to assist in determining wheth-
er abuse, neglect, or exploitation occurred and whether 
a crime was committed and to conduct research to de-
scribe and disseminate information on— 
‘‘(A) forensic markers that indicate a case 
in which elder abuse, neglect, or exploitation 
may have occurred; and 
‘‘(B) methodologies for determining, in such 
a case, when and how health care, emergency 
service, social and protective services, and legal 
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service providers should intervene and when the 
providers should report the case to law enforce-
ment authorities. 
‘‘(2) DEVELOPMENT OF FORENSIC EXPERTISE.— 
An eligible entity that receives a grant under this sec-
tion shall use funds made available through the grant 
to develop forensic expertise regarding elder abuse, ne-
glect, and exploitation in order to provide medical 
and forensic evaluation, therapeutic intervention, vic-
tim support and advocacy, case review, and case 
tracking. 
‘‘(3) COLLECTION OF EVIDENCE.—The Secretary, 
in coordination with the Attorney General, shall use 
data made available by grant recipients under this 
section to develop the capacity of geriatric health care 
professionals and law enforcement to collect forensic 
evidence, including collecting forensic evidence relat-
ing to a potential determination of elder abuse, ne-
glect, or exploitation. 
‘‘(e) APPLICATION.—To be eligible to receive a grant 
under this section, an entity shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section— 
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‘‘(1) for fiscal year 2011, $4,000,000; 
‘‘(2) for fiscal year 2012, $6,000,000; and 
‘‘(3) for each of fiscal years 2013 and 2014, 
$8,000,000. 
‘‘PART II—PROGRAMS TO PROMOTE ELDER 
JUSTICE 
‘‘SEC. 2041. ENHANCEMENT OF LONG-TERM CARE. 
‘‘(a) GRANTS AND INCENTIVES FOR LONG-TERM CARE 
STAFFING.— 
‘‘(1) IN
GENERAL.—The Secretary shall carry 
out activities, including activities described in para-
graphs (2) and (3), to provide incentives for individ-
uals to train for, seek, and maintain employment 
providing direct care in long-term care. 
‘‘(2) SPECIFIC PROGRAMS TO ENHANCE TRAIN-
ING, RECRUITMENT, AND RETENTION OF STAFF.— 
‘‘(A) COORDINATION WITH SECRETARY OF 
LABOR TO RECRUIT AND TRAIN LONG-TERM CARE 
STAFF.—The Secretary shall coordinate activities 
under this subsection with the Secretary of Labor 
in order to provide incentives for individuals to 
train for and seek employment providing direct 
care in long-term care. 
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‘‘(B) CAREER LADDERS AND WAGE OR BEN-
EFIT
INCREASES
TO
INCREASE
STAFFING
IN 
LONG-TERM CARE.— 
‘‘(i) IN GENERAL.—The Secretary shall 
make grants to eligible entities to carry out 
programs through which the entities— 
‘‘(I) offer, to employees who pro-
vide direct care to residents of an eligi-
ble entity or individuals receiving com-
munity-based long-term care from an 
eligible entity, 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 arrange-
ments to provide, bonuses or other in-
creased compensation or benefits to em-
ployees who achieve certification under 
such a program. 
‘‘(ii) APPLICATION.—To be eligible to 
receive a grant under this subparagraph, an 
eligible entity shall submit an application 
to the Secretary at such time, in such man-
ner, and containing such information as the 
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(iv) in the matter following subpara-
graph (D) (as added by clause (iii)), by 
striking ‘‘and (C)’’ and inserting ‘‘(C), and 
(D)’’; and 
(C) by adding at the end the following: 
‘‘(6)(A) Subparagraph (B) applies, in lieu of para-
graph (4), in the case of a patent— 
‘‘(i) that is identified, as applicable, in the list 
of patents described in section 351(l)(4) of the Public 
Health Service Act or the lists of patents described in 
section 351(l)(5)(B) of such Act with respect to a bio-
logical product; and 
‘‘(ii) for which an action for infringement of the 
patent with respect to the biological product— 
‘‘(I) was brought after the expiration of the 
30-day period described in subparagraph (A) or 
(B), as applicable, of section 351(l)(6) of such 
Act; or 
‘‘(II) was brought before the expiration of 
the 30-day period described in subclause (I), but 
which was dismissed without prejudice or was 
not prosecuted to judgment in good faith. 
‘‘(B) In an action for infringement of a patent de-
scribed in subparagraph (A), the sole and exclusive remedy 
that may be granted by a court, upon a finding that the 
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