The Americans with Disabilities Act (ADA)
and People with Physical Disabilities
Executive Order on the Olmstead Decision
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.
(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
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