For Immediate Release
Office of the Press Secretary
June 19, 2001
Executive Order
Community-based Alternatives for Individuals with Disabilities
Fact Sheet
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.
(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.
GEORGE W. BUSH
THE WHITE HOUSE,
June 18, 2001.
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