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

Executive Order 13217

Community-Based Alternatives for Individuals With Disabilities

Civil RightsCivil RightsHealthcareHealthcareFederal WorkforceFederal WorkforceEconomy & LaborEconomy & Labor

In simple terms

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

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 66 FR 33155

    Federal Register PDF

  3. 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

What to expect

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