[Weekly Compilation of Presidential Documents Volume 37, Number 25 (Monday, June 25, 2001)]
[Pages 937-939]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13217--Community-Based Alternatives for Individuals With 
Disabilities

June 18, 2001

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, and in order to place 
qualified individuals with disabilities in community settings whenever 
appropriate, it is hereby ordered as follows:
    Section 1. Policy. This order is issued consistent with the 
following findings and principles:
    (a) The United States is committed to community-based alternatives 
for individuals with disabilities and recognizes that such

[[Page 938]]

services advance the best interests of Americans.
    (b) The United States seeks to ensure that America's community-based 
programs effectively foster independence and participation in the 
community for Americans with disabilities.
    (c) Unjustified isolation or segregation of qualified individuals 
with disabilities through institutionalization is a form of disability-
based discrimination prohibited by Title II of the Americans With 
Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et. seq. States must 
avoid disability-based discrimination unless doing so would 
fundamentally alter the nature of the service, program, or activity 
provided by the State.
    (d) In Olmstead v. L.C., 527 U.S. 581 (1999) (the ``Olmstead 
decision''), the Supreme Court construed Title II of the ADA to require 
States to place qualified individuals with mental disabilities in 
community settings, rather than in institutions, whenever treatment 
professionals determine that such placement is appropriate, the affected 
persons do not oppose such placement, and the State can reasonably 
accommodate the placement, taking into account the resources available 
to the State and the needs of others with disabilities.
    (e) The Federal Government must assist States and localities to 
implement swiftly the Olmstead decision, so as to help ensure that all 
Americans have the opportunity to live close to their families and 
friends, to live more independently, to engage in productive employment, 
and to participate in community life.
    Sec. 2. Swift Implementation of the Olmstead Decision: Agency 
Responsibilities. (a) The Attorney General, the Secretaries of Health 
and Human Services, Education, Labor, and Housing and Urban Development, 
and the Commissioner of the Social Security Administration shall work 
cooperatively to ensure that the Olmstead decision is implemented in a 
timely manner. Specifically, the designated agencies should work with 
States to help them assess their compliance with the Olmstead decision 
and the ADA in providing services to qualified individuals with 
disabilities in community-based settings, as long as such services are 
appropriate to the needs of those individuals. These agencies should 
provide technical guidance and work cooperatively with States to achieve 
the goals of Title II of the ADA, particularly where States have chosen 
to develop comprehensive, effectively working plans to provide services 
to qualified individuals with disabilities in the most integrated 
settings. These agencies should also ensure that existing Federal 
resources are used in the most effective manner to support the goals of 
the ADA. The Secretary of Health and Human Services shall take the lead 
in coordinating these efforts.
    (b) The Attorney General, the Secretaries of Health and Human 
Services, Education, Labor, and Housing and Urban Development, and the 
Commissioner of the Social Security Administration shall evaluate the 
policies, programs, statutes, and regulations of their respective 
agencies to determine whether any should be revised or modified to 
improve the availability of community-based services for qualified 
individuals with disabilities. The review shall focus on identifying 
affected populations, improving the flow of information about supports 
in the community, and removing barriers that impede opportunities for 
community placement. The review should ensure the involvement of 
consumers, advocacy organizations, providers, and relevant agency 
representatives. Each agency head should report to the President, 
through the Secretary of Health and Human Services, with the results of 
their evaluation within 120 days.
    (c) The Attorney General and the Secretary of Health and Human 
Services shall fully enforce Title II of the ADA, including 
investigating and resolving complaints filed on behalf of individuals 
who allege that they have been the victims of unjustified 
institutionalization. Whenever possible, the Department of Justice and 
the Department of Health and Human Services should work cooperatively 
with States to resolve these complaints, and should use alternative 
dispute resolution to bring these complaints to a quick and constructive 
resolution.
    (d) The agency actions directed by this order shall be done 
consistent with this Administration's budget.

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    Sec. 3. Judicial Review. Nothing in this order shall affect any 
otherwise available judicial review of agency action. This order is 
intended only to improve the internal management of the Federal 
Government and does not create any right or benefit, substantive or 
procedural, enforceable at law or equity by a party against the United 
States, its agencies or instrumentalities, its officers or employees, or 
any other person.
                                                George W. Bush
 The White House,
 June 18, 2001.

 [Filed with the Office of the Federal Register, 8:45 a.m., June 20, 
2001]

Note: This Executive order was released by the Office of the Press 
Secretary on June 19, and it was published in the Federal Register on 
June 21.