FYI.
-------- Original Message --------
Subject: executive order re: Olmstead
Date: Mon, 28 Jan 2002 12:03:46 -0800
From: Brewnetty Angelfire <[log in to unmask]>
Reply-To: SJU Advocacy List <[log in to unmask]>
To: [log in to unmask]
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
communitX-Mozilla-Status: 0009n 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, 2001this article available at:
http://www.whitehouse.gov/news/releases/2001/06/20010619.html
=====
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