‘‘SEC. 2243. COLLABORATIVE EFFORTS TO DEVELOP CON-
SENSUS AROUND THE MANAGEMENT OF CER-
TAIN 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 ad-
dress 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 sub-
ject, determine the best way to carry out those best 
practices in a practical and feasible manner, and de-
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termine an effective manner of distributing informa-
tion 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 con-
taining 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 CLEARING-
HOUSE. 
‘‘(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 Adminis-
trator 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 es-
tablished as part of the Elder Justice Resource Center es-
tablished under section 2221 and shall provide comprehen-
sive detailed information, in a consumer-friendly form, to 
consumers about choices relating to long-term care pro-
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viders, 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 individ-
ual’s home; and 
‘‘(2) options for residential long-term care, such 
as— 
‘‘(A)(i) the type of care provided by nurs-
ing facilities; and 
‘‘(ii) the type of care provided by group 
homes and other residential long-term care fa-
cilities 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, con-
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gregate 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 sec-
tion— 
‘‘(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 CON-
TINUUM OF RESIDENTIAL LONG-TERM CARE 
FACILITIES. 
‘‘(a) STUDY.— 
‘‘(1) IN GENERAL.—The Director of the Agency 
for Healthcare Research and Quality, after consulta-
tion 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 re-
lating to residential long-term care facilities other 
than nursing facilities. 
‘‘(2) SPECIFIC TOPICS.—The entity conducting 
the study shall— 
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‘‘(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 en-
forcement provisions of, and admission and dis-
charge 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 Rep-
resentatives, 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— 
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‘‘(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 as-
sistance to an eligible entity to conduct an eval-
uation of the activities carried out through the 
grant. 
‘‘(2) USE OF FUNDS.—A recipient of a grant 
described in paragraph (1)(A), or assistance de-
scribed 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 subpara-
graph (A) or (B), respectively, of paragraph (1). 
‘‘(3) APPLICATIONS.— 
‘‘(A) SUBMISSION.— 
‘‘(i) GRANTS
FOR
PROJECTS
CON-
TAINING EVALUATIONS.—To be eligible to 
receive a grant for which the granting au-
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thority requires the reservation described 
in paragraph (1)(A)(i), an entity shall in-
clude a proposal for the evaluation in the 
application submitted for the grant. 
‘‘(ii) 
ASSISTANCE
FOR
EVALUA-
TIONS.—To be eligible to receive assistance 
under paragraph (1)(B)(ii), an entity shall 
submit an application to the granting au-
thority at such time, in such manner, and 
containing such information as the grant-
ing authority may require, including a pro-
posal for the evaluation. 
‘‘(B) REVIEW AND ASSISTANCE.—An em-
ployee of the National Institute on Aging and 
a private expert with expertise in evaluation 
methodology shall review each proposal de-
scribed in clause (i) or (ii) of subparagraph (A), 
and determine whether the methodology de-
scribed in the proposal is adequate to gather 
meaningful information. If the employee and 
expert determine that the methodology is inad-
equate, the employee and expert shall rec-
ommend that the granting authority deny the 
application for the grant described in subpara-
graph (A)(i), or the assistance described in sub-
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paragraph (B)(ii), as appropriate, or make rec-
ommendations 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 as-
sistance to the applicant in modifying the pro-
posal. 
‘‘(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 Regu-
lations, 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. 
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‘‘(b) GUIDELINES.—The Secretary, through the Di-
rector of the National Institute on Aging, after consulta-
tion with the Director of the Office for Human Research 
Protections, shall promulgate guidelines to assist research-
ers working in the area of elder abuse, neglect, and exploi-
tation, 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 reli-
gion 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 deci-
sion 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 docu-
ment that is validly executed and applied under 
State law; or 
‘‘(3) may be unambiguously deduced from the 
elder’s life history. 
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‘‘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 OMBUDS-
MAN PROGRAM. 
(a) SUPPORTING THE LONG-TERM CARE OMBUDS-
MAN 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 pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(10) make grants, in consultation with the Di-
rector of the Office of Elder Justice in the Depart-
ment of Health and Human Services and the Direc-
tor 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 
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under section 307(a)(9) or this chapter, or to pro-
vide support (such as an ombudsman resource cen-
ter).’’. 
(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 ‘‘Sec-
retary’’) shall establish programs to provide and im-
prove ombudsman training with respect to elder 
abuse, neglect, and exploitation for national organi-
zations 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. 
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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 Serv-
ices— 
‘‘(A) provides funding authorized by this 
title to State and local adult protective services 
offices that investigate reports of the abuse, ne-
glect, and exploitation of elders; 
‘‘(B) collects and disseminates data annu-
ally relating to the abuse, exploitation, and ne-
glect 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 informa-
tion on best practices regarding, and provides 
training on, carrying out adult protective serv-
ices; 
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‘‘(D) in conjunction with the necessary ex-
perts, 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, in-
cluding 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 subpara-
graphs (B) and (C), with respect to a fiscal 
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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 percent-
age) 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 sub-
paragraph (A) for a State for a year is less 
than 0.75 percent of the amount appro-
priated under paragraph (5), the Secretary 
shall increase such determined amount so 
that the total amount paid under this sub-
section to the State for the year is equal 
to 0.75 percent of the amount so appro-
priated. 
‘‘(ii) TERRITORIES.—In the case of a 
State other than 1 of the 50 States, clause 
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(i) shall be applied as if each reference to 
‘0.75’ were a reference to ‘0.1’. 
‘‘(C) PRO RATA REDUCTIONS.—The Sec-
retary 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 sub-
section may only be used by States and local 
units of government to provide adult protective 
services and may not be used for any other pur-
pose. 
‘‘(B) USE BY AGENCY.—Each State receiv-
ing funds pursuant to this subsection shall pro-
vide such funds to the agency or unit of State 
government having legal responsibility for pro-
viding 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 sub-
section to supplement and not supplant other 
Federal, State, and local public funds expended 
to provide adult protective services in the State. 
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‘‘(4) REPORTS.— 
‘‘(A) STATE REPORTS.—Each State receiv-
ing 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 Con-
gress a report compiling, summarizing, and 
analyzing the information contained in the re-
ports submitted under subparagraph (A) to-
gether with such recommendations for legisla-
tive 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 NURS-
ING FACILITIES CLOSE. 
(a) NURSING FACILITY CLOSURE UNDER MED-
ICAID.—Section 1919(c)(2) of the Social Security Act (42 
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U.S.C. 1396r(c)(2)) is amended by adding at the end the 
following new subparagraph: 
‘‘(G) NOTICE OF NURSING FACILITY CLO-
SURE AND RESIDENT TRANSFER PLAN.— 
‘‘(i) IN GENERAL.—The owner or op-
erator 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 reloca-
tion 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 ac-
tion 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 
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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 sub-
ject to— 
‘‘(I) a civil monetary penalty of 
up to $1,000,000; 
‘‘(II) exclusion from participation 
in the programs under this Act (in ac-
cordance with the procedures of sec-
tion 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 per-
son in the same manner as a civil mone-
tary 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: 
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‘‘(D) NOTICE OF SKILLED NURSING FACIL-
ITY
CLOSURE
AND
RESIDENT
TRANSFER 
PLAN.— 
‘‘(i) IN GENERAL.—The owner or op-
erator of a skilled nursing facility shall— 
‘‘(I) submit to the Secretary and 
the State in which the facility is lo-
cated written notification of an im-
pending 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 reloca-
tion 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 ac-
tion 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. 
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‘‘(ii) SANCTIONS.—Any person owning 
a nursing facility that fails to comply with 
the requirements of clause (i) shall be sub-
ject to— 
‘‘(I) a civil monetary penalty of 
up to $1,000,000; 
‘‘(II) exclusion from participation 
in the programs under this Act (in ac-
cordance with the procedures of sec-
tion 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 per-
son in the same manner as a civil mone-
tary 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 consulta-
tion with appropriate government agencies and pri-
vate sector organizations, shall conduct a study on 
establishing a national nurse aide registry. 
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(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 appro-
priate information regarding violations of Fed-
eral 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 back-
ground checks on direct patient access employ-
ees of long-term care facilities or providers es-
tablished under section 307 of the Medicare 
Prescription Drug, Improvement, and Mod-
ernization Act of 2003 (Public Law 108–173) 
and the national criminal background check 
program established under section 106(c). 
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(3) CONSIDERATIONS.—In conducting the study 
and preparing the report required under this sub-
section, the Secretary shall take into consideration 
the findings and conclusions of relevant reports, in-
cluding the following: 
(A) The Department of Health and 
Human Services Office of Inspector General 
Report, Nurse Aide Registries: State Compli-
ance and Practices (February 2005). 
(B) The General Accounting Office (now 
known as the Government Accountability Of-
fice) 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 Occupa-
tions—National and Local Workforce Shortages 
and Associated Data Needs (2004)(in par-
ticular with respect to chapter 7 & appendix F). 
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(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 Reg-
istries. 
(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 rec-
ommendations of the study conducted under this 
subsection. 
(5) FUNDING
LIMITATION.—Funding for the 
study conducted under this subsection shall not ex-
ceed $500,000. 
(b) ESTABLISHMENT
OF NATIONAL NURSE AIDE 
REGISTRY.— 
(1) IN GENERAL.—Upon completion of the re-
port described in subsection (a)(4), the Secretary 
shall take appropriate measures to establish a na-
tional nurse aide registry, taking into account the 
findings and recommendations contained in the re-
port. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
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as are necessary for the purpose of carrying out this 
subsection. 
SEC. 106. BACKGROUND CHECKS ON DIRECT ACCESS EM-
PLOYEES 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 FACIL-
ITY WORKERS.— 
‘‘(A) BACKGROUND
CHECKS
ON
APPLI-
CANTS.—Before hiring a skilled nursing facility 
worker, a skilled nursing facility shall conduct 
a background check on the employee in accord-
ance 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 facil-
ity worker who has any disqualifying infor-
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mation 
(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 re-
quired under subparagraph (A). Such facil-
ity shall maintain direct supervision of the 
covered individual during the worker’s pro-
visional period of employment. 
‘‘(C) PROCEDURES.—The procedures es-
tablished 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 deter-
mined by the Secretary) with respect to 
providing supervision for provisional em-
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ployees 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 com-
plying with the requirements of this sec-
tion. 
‘‘(D) 
IMMUNITY
FROM
LIABILITY.—A 
skilled nursing facility that, in denying employ-
ment for an applicant, reasonably relies upon 
information about such applicant provided by 
the criminal background check shall not be lia-
ble in any action brought by such applicant 
based on the employment determination result-
ing 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 pen-
alty in an amount not to exceed— 
‘‘(I) for the first such violation, 
$2,000; and 
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‘‘(II) for the second and each 
subsequent violation within any 5-year 
period, $5,000. 
‘‘(ii) KNOWING RETENTION OF WORK-
ER.—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 sub-
paragraph (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 subse-
quent violation within any 5-year period. 
‘‘(F) DEFINITIONS.—In this paragraph: 
‘‘(i) CONVICTION
FOR
A
RELEVANT 
CRIME.—The term ‘conviction for a rel-
evant crime’ means any Federal or State 
criminal conviction for— 
‘‘(I) any offense described in sec-
tion 1128(a); and 
‘‘(II) such other types of offenses 
as the Secretary may specify in regu-
lations. 
‘‘(ii) DISQUALIFYING INFORMATION.— 
The term ‘disqualifying information’ means 
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information about a conviction for a rel-
evant crime or a finding of patient or resi-
dent abuse. 
‘‘(iii) SKILLED
NURSING
FACILITY 
WORKER.—The term ‘skilled nursing facil-
ity 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 indi-
viduals 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, in-
cluding 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 WORK-
ERS.— 
‘‘(A) BACKGROUND
CHECKS
ON
APPLI-
CANTS.—Before hiring a nursing facility work-
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er, a nursing facility shall conduct a back-
ground check on the employee in accordance 
with such procedures as the Secretary shall es-
tablish. 
‘‘(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 de-
fined in subparagraph (F)(ii)). 
‘‘(ii) PROVISIONAL EMPLOYMENT.—A 
nursing facility may provide for a provi-
sional period of employment for a nursing 
facility worker pending completion of the 
background check required under subpara-
graph (A). Such facility shall maintain di-
rect supervision of the covered individual 
during the worker’s provisional period of 
employment. 
‘‘(C) PROCEDURES.—The procedures es-
tablished by the Secretary under subparagraph 
(A) shall— 
‘‘(i) provide a process by which a 
nursing facility worker may appeal or dis-
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pute the accuracy of the information ob-
tained 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 Sec-
retary) with respect to providing super-
vision 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 com-
plying with the requirements of this sec-
tion. 
‘‘(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 ac-
tion brought by such applicant based on the 
employment determination resulting from the 
information. 
‘‘(E) CIVIL PENALTY.— 
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‘‘(i) IN GENERAL.—A nursing facility 
that violates the provisions of this para-
graph 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 WORK-
ER.—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 rel-
evant crime’ means any Federal or State 
criminal conviction for— 
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‘‘(I) any offense described in sec-
tion 1128(a); and 
‘‘(II) such other types of offenses 
as the Secretary may specify in regu-
lations. 
‘‘(ii) DISQUALIFYING INFORMATION.— 
The term ‘disqualifying information’ means 
information about a conviction for a rel-
evant crime or a finding of patient or resi-
dent 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 li-
censed or certified by the State to provide 
long-term care services, and nonlicensed 
individuals providing such services, as de-
fined by the Secretary, including nurse as-
sistants, nurse aides, home health aides, 
and personal care workers and attend-
ants.’’. 
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(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 FA-
CILITIES 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 PREVEN-
TIVE ABUSE PROVISIONS TO LONG-TERM CARE FA-
CILITIES AND PROVIDERS 
‘‘SEC. 1898. (a) The provisions of section 1819(b)(9) 
shall apply to a long-term care facility or provider (as de-
fined in subsection (b)) in the same manner as such provi-
sions apply to a skilled nursing facility. 
‘‘(b) LONG-TERM CARE FACILITY OR PROVIDER.— 
In this section, the term ‘long-term care facility or pro-
vider’ means the following facilities or providers which re-
ceive 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. 
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‘‘(6) An intermediate care facility for the men-
tally 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 pe-
riod 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 pro-
vider (as defined in section 1898(b)) in the same 
manner as such provisions apply to a nursing facil-
ity.’’. 
(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 PRO-
GRAM.— 
(1) COMPLETION OF PILOT PROGRAM EVALUA-
TION.—Not later than the date that is 6 months 
after the completion of the pilot program for na-
tional and State background checks on direct patient 
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access employees of long-term care facilities or pro-
viders 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 sub-
section (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 eval-
uation of the program described in paragraph 
(1), the Secretary, in consultation with the At-
torney General, shall establish a national crimi-
nal background check program in order to pre-
vent abuse of nursing facility and skilled nurs-
ing 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 BACK-
GROUND CHECKS.—The national criminal back-
ground 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 
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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 sub-
section (a)). 
(C) CONDUCT
OF
BACKGROUND
CHECKS 
BY
THE
FEDERAL
BUREAU
OF
INVESTIGA-
TION.—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 in-
terested 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 serv-
ices; 
(iv) consumer advocates; and 
(v) appropriate Federal and State of-
ficials. 
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(E) INTEGRATION.—The Secretary shall 
take appropriate measures to integrate the na-
tional 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 PRO-
VIDER.—The term ‘‘long-term care facility or 
provider’’ means the following facilities or pro-
viders 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 de-
fined in subparagraph (C)). 
(iii) A home health agency. 
(iv) A provider of hospice care (as de-
fined in section 1861(dd)(1) of the Social 
Security Act) (42 U.S.C. 1395x(dd)(1)). 
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(v) A long-term care hospital (as de-
scribed 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 serv-
ices. 
(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 sec-
tion 1905(d) of such Act) (42 U.S.C. 
1396d(d)). 
(B) NURSING FACILITY.—The term ‘‘nurs-
ing 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 Secu-
rity Act (42 U.S.C. 1395i–3(a)). 
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116 
TITLE II—DEPARTMENT OF 
JUSTICE 
SEC. 201. MODEL STATE LAWS AND PRACTICES. 
(a) IN GENERAL.—The Attorney General, after con-
sultation 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 exploi-
tation. 
(2) REPORT
TO
ELDER
JUSTICE
RESOURCE 
CENTER.—Prepare and submit a report or periodic 
reports containing the findings of the study con-
ducted under paragraph (1) to the Elder Justice Re-
source Center established under section 2221 of the 
Social Security Act, to be made available to the pub-
lic. 
(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 Spe-
cial Committee on Aging of the Senate, and the 
Speaker and Minority leader of the House of Rep-
resentatives a report that contains— 
(A) a comprehensive description of State 
laws and practices relating to elder abuse, ne-
glect, and exploitation; 
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(B) a comprehensive analysis of the effec-
tiveness of such State laws and practices; and 
(C) recommendations— 
(i) for model State laws and practices 
relating to elder abuse, neglect, and exploi-
tation; and 
(ii) with respect to the definitions re-
ferred to in subsection (b)(1). 
(b) STATE LAWS AND PRACTICES.—The Attorney 
General shall examine State laws and practices under sub-
section (a) on issues including— 
(1) the definition of— 
(A) ‘‘elder’’; 
(B) ‘‘abuse’’; 
(C) ‘‘neglect’’; 
(D) ‘‘exploitation’’; and 
(E) such related terms the Attorney Gen-
eral 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 
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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 sec-
tion— 
(1) $1,000,000 in fiscal year 2007; and 
(2) $2,000,000 for each of fiscal years 2008 
through 2013. 
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119 
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 JUS-
TICE.— 
(1) APPOINTMENT.—The President, with the 
advice and consent of the Senate, shall appoint a Di-
rector of the Office of Elder Justice, from among in-
dividuals with experience and expertise in elder jus-
tice issues, to manage the Office of Elder Justice es-
tablished under this section. 
(2) DUTIES.—The Director of the Office of 
Elder Justice shall— 
(A)(i) develop objectives, priorities, poli-
cies, and a long-term plan for elder justice pro-
grams and activities relating to prevention, de-
tection, training, treatment, evaluation, inter-
vention, 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 
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(iii) hire personnel to assist the director in 
carrying out the policies, programs, and admin-
istrative 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 De-
partment 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 Jus-
tice Programs as the directors of the other offices 
headed by Presidential appointees within the Office 
of Justice Programs. 
(4) COMPENSATION.—The Director of the Of-
fice 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. 
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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 pur-
suant 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 sec-
tion— 
(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 
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Justice in the Department of Health and Human Services, 
shall award grants to provide training, technical assist-
ance, 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 Exploi-
tation by the American Prosecutor Research Insti-
tute 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 exploi-
tation. 
(b) DUTIES.—The Center created under subsection 
(a) shall, among other things— 
(1) collaborate with experts in elder abuse, ne-
glect, and exploitation; 
(2) collaborate with the Advisory Board created 
by section 2213 of the Social Security Act; and 
(3) provide local prosecutors and personnel as-
sisting such prosecutors with training, technical as-
sistance, multidisciplinary teams, and input in the 
handling, prevention and prosecution of, and special 
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circumstances surrounding, elder abuse, neglect, and 
exploitation. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this sec-
tion— 
(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 coordina-
tion, 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 
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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 sec-
tion— 
(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 IN-
VOLVING 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 re-
lating 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 iden-
tify, 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 pros-
ecutors throughout the Nation in pursuing failure of 
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care and other cases relating to elder justice mat-
ters. 
(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 allega-
tions. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this sec-
tion— 
(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 JUS-
TICE MATTERS. 
(a) IN GENERAL.—The Attorney General shall, after 
consultation with the Secretary, award grants to provide 
training, technical assistance, multidisciplinary coordina-
tion, policy development, and other types of support to po-
lice, 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 sup-
port front line law enforcement in elder justice matters. 
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(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this sec-
tion— 
(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 avail-
able for the grant; and 
(ii) use the reserved funds to provide as-
sistance to an eligible entity to conduct an eval-
uation of the activities carried out through the 
grant. 
(2) USE OF FUNDS.—A recipient of a grant de-
scribed in paragraph (1)(A), or assistance described 
in paragraph (1)(B)(ii), shall use the funds made 
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available through the grant, or the assistance, re-
spectively, to conduct a validated evaluation of the 
effectiveness of the activities described in subpara-
graph (A) or (B), respectively, of paragraph (1). 
(3) APPLICATIONS.— 
(A) SUBMISSION.— 
(i) GRANTS
FOR
PROJECTS
CON-
TAINING EVALUATIONS.—To be eligible to 
receive a grant for which the granting au-
thority requires the reservation described 
in paragraph (1)(A)(i), an entity shall in-
clude 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 sub-
mit an application to the granting author-
ity at such time, in such manner, and con-
taining 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 
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Health and Human Services and a non-
governmental 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 informa-
tion. 
(ii) DENIAL.—If the reviewing em-
ployee determines the methodology de-
scribed 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 sub-
paragraph (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 
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was denied and offer assistance to the ap-
plicant 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 EMPLOY-
MENT TAX CREDIT. 
(a) WORK OPPORTUNITY TAX CREDIT.— 
(1) IN GENERAL.—Section 51(d)(1) of the In-
ternal 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: 
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‘‘(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 facil-
ity 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 sec-
tion 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. 
Æ 
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