Sec. 4. Guardianship and other protective arrangements and supported decisionmaking council
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Not later than 180 days after the date of enactment of this Act, the Secretary shall establish in the Department of Health and Human Services a Guardianship and Other Protective Arrangements and Supported Decisionmaking Council (referred to in this Act as the Council ). The Council shall advise the Secretary on the development of standards under section 5 related to guardianships, conservatorships, supported decisionmaking arrangements, and other alternative arrangements, including recommending standards on the fundamental rights (including the implementation of those rights) of a covered individual in a guardianship, conservatorship, supported decisionmaking arrangement, or other alternative arrangement.
The Council's recommendations for those standards on the fundamental rights of a covered individual in a guardianship, conservatorship, supported decisionmaking arrangement, or other alternative arrangement (commonly known as the Guardianship Bill of Rights ) shall address, at minimum— the scope of the fundamental rights, including the fundamental rights described in section 2(a)(5); which fundamental rights cannot be restricted, which can be restricted but not delegated, and which can be restricted but only with further due process protections; due process protections to be provided, during consideration of an arrangement, to protect the fundamental rights; the fundamental rights related to— voting access and decisionmaking; decisionmaking concerning marriage and other relationships, including romantic, friendship, and family relationships; reproductive decisionmaking; financial decisionmaking on matters that do not jeopardize long-term security; educational decisionmaking; health and medical decisionmaking, including the right to private communication between an individual and the individual’s health care provider; decisionmaking for religious observation and activities; decisionmaking concerning a place of residency; decisionmaking for visitation and association; decisionmaking for travel; communication; and decisionmaking for daily decisions; and maintenance of a covered individual’s fundamental rights in their decisionmaking.
The Secretary shall appoint members to the Council. The Council shall be composed of 30 members that include— five covered individuals currently (as of the date of appointment) using a supported decisionmaking arrangement; four covered individuals currently (as of the date of appointment) in a protective arrangement; three family members of covered individuals who are at risk of being in, or are in, protective arrangements; two lawyers, including at least 1 of whom— is a lawyer who has served a protection and advocacy system or legal services organization; has experience in representation of covered individuals in contesting or limiting guardianships; and has experience in supported decisionmaking arrangements, other alternative arrangements, and protective arrangements; two judges with experience managing contested and uncontested guardianships; two teachers or special education personnel from an elementary school or secondary school; two behavioral health care professionals; one independent living specialist; two other professionals with extensive knowledge of supported decisionmaking arrangements; two representatives of disability-led organizations, meaning organizations for which at least 50 percent of the staff have a disability, or 50 percent of the members of the governing body have a disability; two representatives of organizations representing older adults; one guardian, who shall be a certified guardian if the State involved provides for such certifications; one guardianship investigator; and one representative of a State developmental disability agency, State agency on aging, or State adult protective services agency.
Members of the Council shall represent diverse racial, ethnic, religious, gender, geographic, socioeconomic, religious, age, and disability categories. Members shall be appointed for a 3-year term and may be reappointed for one additional term. Any vacancy in the Council shall not affect its powers, but shall be expeditiously filled by the Secretary. At the first meeting of the Council, the Council shall select a Chair and Vice Chair from among its members. The Council shall select a member with the characteristics described in clause
(i)or
(ii)of subparagraph
(A)to fill at least one of those positions. The Council shall prepare a report in which it makes its initial recommendations on the standards described in section 5, not later than 2 years after the date of the Council's establishment. For the 10-year period beginning on that date of establishment, not later than 4 years after that date and not later than every 2 years thereafter, the Council will review the standards established under section 5 and prepare a report in which it makes its subsequent recommendations on the standards. The Council shall make the reports described in this paragraph publicly available and submit the reports to— the Secretary; the Committee on Health, Education, Labor, and Pensions of the Senate; the Special Committee on Aging of the Senate; the Committee on the Judiciary of the Senate; the Committee on Education and Workforce of the House of Representatives; the Committee on Energy and Commerce of the House of Representatives; and the Committee on the Judiciary of the House of Representatives. Members of the Council who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. Other members of the Council shall serve without compensation for 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 members of the Council. The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies in subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. 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. The Council shall terminate 10 years after the date of the establishment of the Council.