Presidential Documents

33155

Federal Register

Vol. 66, No. 120

Thursday, June 21, 2001

Title 3—

The President

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.

33156 Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Presidential Documents

(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.

Filed 6

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THE WHITE HOUSE,

June 18, 2001.

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