Protection and advocacy program for oversight of protective arrangements

Title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.) is amended by adding at the end the following: F Protective Arrangements Oversight 171. Protection and advocacy program for oversight of protective arrangements (a) Definitions In this section: (1) American Indian Consortium; State The terms American Indian Consortium and State have the meanings given the terms in section 102. (2) Guardianship Bill of Rights definitions Except as provided in paragraphs (1) and (3), the terms used in this section have the meanings given the terms in section 3 of the Guardianship Bill of Rights Act of 2026. (3) Protection and advocacy system The term protection and advocacy system means— (A) a protection and advocacy system established in accordance with section 143; and (B) an American Indian Consortium that provides protection and advocacy services under section 142. (b) Establishment The Secretary, acting through the Administrator for the Administration for Community Living, shall establish a Protection and Advocacy Program, for oversight and monitoring of State and local guardianships, conservatorships, and other protective arrangements. (c) Grants The Secretary shall make a grant to each protection and advocacy system to establish or expand a Protection and Advocacy Program for Oversight of Protective Arrangements. (d) Authority In order for a protection and advocacy system for a State or serving an American Indian tribe to receive a grant under this section— (1) the State or tribe shall have in effect a protective arrangement oversight system to protect and advocate for the rights of covered individuals concerning protective arrangements; and (2) the protective arrangement oversight system shall have the authority to— (A) pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of covered individuals within the State or American Indian tribe who are being considered for or in a protective arrangement; (B) provide legal representation to covered individuals who— (i) are facing a proceeding to establish a protective arrangement; or (ii) who desire to modify or discontinue a protective arrangement; (C) provide information, referrals, training, and legal representation to enable a covered individual to establish or defend a supported decisionmaking arrangement or another alternative arrangement, including providing such services in plain language, American Sign Language, and other minority languages; and (D) investigate incidents of abuse of guardianships and other protective arrangements. (e) Use of funds (1) In general An entity that receives a grant under this section for a protective arrangement oversight system shall carry out the activities described in subsection (d) or (f). (2) Limitation The protective arrangement oversight system may not use the grant funds to provide legal representation, or other services, to persons seeking to establish or maintain (with or without modification) a guardianship or conservatorship. (f) Reports Each entity that receives a grant under this section for a protective arrangement oversight system shall prepare and submit to the Secretary, in accordance with such requirements as the Secretary may specify, information on activities carried out through the corresponding program described in subsection (c). (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2027 and each succeeding fiscal year..