[Federal Register Volume 66, Number 120 (Thursday, June 21, 2001)]
[Presidential Documents]
[Pages 33155-33156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15758]




                        Presidential Documents 



Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 33155]]

                Executive Order 13217 of June 18, 2001

                
Community-Based Alternatives for Individuals With

                Disabilities

                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 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.

[[Page 33156]]

                    (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.

                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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    June 18, 2001.

[FR Doc. 01-15758
Filed 6-20-01; 8:45 am]
Billing code 3195-01-P