ExecutiveOrdersEO
EO 13217Executive OrderG.W. Bush · R Quiet signal

Executive Order 13217

Community-Based Alternatives for Individuals With Disabilities

This executive order directs federal agencies to assist states in implementing the Supreme Court's Olmstead decision, which requires community-based placement for individuals with disabilities when appropriate. It mandates interagency cooperation, policy reviews, and ADA enforcement to reduce unjustified institutionalization.

Federal Register Open PDF 66 FR 33155

Impact dates

  1. Agency heads report evaluation results to President through HHS Secretary

Key directives

  • HHS Secretary to lead interagency coordination for Olmstead implementation
  • Agencies to work with states on compliance assessments and technical guidance
  • Agencies to evaluate policies/programs/regulations for community-based service barriers
  • Agency heads to report evaluation results to President through HHS within 120 days
  • DOJ and HHS to fully enforce Title II of ADA including complaint investigation
  • DOJ and HHS to use alternative dispute resolution for institutionalization complaints
  • All actions to be consistent with Administration's budget

Who is ordered

Timeline

Immediate

  • Interagency coordination mechanism established under HHS leadership
  • DOJ and HHS directed to enforce Title II of ADA including complaint investigation

Near term (90d)

  • Agency policy reviews due within 120 days
  • State compliance assessments begin
  • Technical guidance to states initiated

Long term

  • Potential revision of agency policies, programs, statutes, and regulations
  • Shift from institutional to community-based services nationwide
  • Ongoing ADA enforcement and complaint resolution

Risks & tensions

  • Budget constraint clause ('consistent with this Administration's budget') may limit implementation scope
  • No enforcement mechanism for state compliance; relies on voluntary cooperation and technical assistance
  • Olmstead's 'fundamentally alter' and 'reasonable accommodation' exceptions preserve state flexibility, creating implementation ambiguity
  • EO explicitly disclaims creating enforceable rights, limiting judicial leverage
  • Interagency coordination complexity with six distinct agencies may slow action
Executive Order 13217: Community-Based Alternatives for Individuals With Disabilities · Executive Orders