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THE WHITE HOUSE 

                                    Office of the Press Secretary 
 

                 For Immediate Release 
                                                                 June 19, 2001 
 

                                      EXECUTIVE ORDER 

                                          - - - - - - - 

                              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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