| THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release
June 19, 2001
EXECUTIVE ORDER
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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.
(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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