New Freedom Initiative -- Preliminary Report: Introduction

U.S. Department of Health & Human Services

Initiative ~ Executive Order ~ HHS Role ~ News & Additional Resources

Delivering on the Promise: Preliminary Report

Federal Agency Actions to Eliminate Barriers and Promote Community Integration

"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: 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."

-- President George W. Bush, Executive Order 13217

Introduction

On June 18, 2001, President George W. Bush signed Executive Order No. 13217, "Community-Based Alternatives for Individuals with Disabilities." The Order calls upon the federal government to assist states and localities to implement swiftly the decision of the United States Supreme Court in Olmstead v. L.C., stating: "The United States is committed to community-based alternatives for individuals with disabilities and recognizes that such services advance the best interests of the United States."

Executive Order 13217 directs six federal agencies, including the Departments of Justice, Health and Human Services, Education, Labor, Housing and Urban Development and the Social Security Administration to "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."¹

Executive Order 13217 represents a milestone in the implementation of the American with Disabilities Act's (ADA) integration mandate. The Order is unique in its recognition that the federal government has a critical role to play in promoting community living. Conceptually, too, the Order is remarkable; its emphasis on public input and a comprehensive federal-state partnership around achieving community living for people with disabilities is groundbreaking. Finally, the Order is notable for the broad sweep of its mandate for federal agency collaboration. The Order represents the first time that federal agencies have been directed to act together to ensure compliance with Title II of the ADA and achieve community living for people with disabilities. This cross-agency charge recognizes that in order for integration and full participation in community life to be realized, agencies must work together towards this goal. They must address barriers within their own programs and services, and collaborate to create an environment in which people with disabilities have the opportunity for participation and contribution in ways that promote self-determination and choice.

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¹ Four additional agencies, including the Department of Transportation, Veterans Affairs, the Small Business Administration, and the Office of Personnel Management, although not originally named in the Order, joined the implementation effort on a voluntary basis. Other agencies, including the Equal Employment Opportunity Commission and the National Council on disability, share some responsibility for activities that the Order addresses and also have offered to help implement it and achieve its goals.

Last revised: May 13, 2003