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Delivering on the Promise: Preliminary Report of Federal Agencies’ Actions to Eliminate Barriers and Promote Community Integration

December 21, 2001

 

The President

White House

Washington, D.C. 20500

Dear Mr. President:

As one of your first acts in office this year, you unveiled your New Freedom Initiative to carry out your commitment to tear down remaining barriers to equality for the 54 million Americans with disabilities. You acted upon this commitment with Executive Order 13217: Community-Based Alternatives for Individuals with Disabilities, asking federal agencies to work together to identify and address barriers to community integration. And so, before the year’s end, I am submitting to you this status report of our efforts to meet your charge, entitled Delivering on the Promise: Preliminary Report of Federal Agencies’ Actions to Eliminate Barriers and Promote Community Integration.

Your Executive Order provided federal agencies with an opportunity to respond to and build upon your New Freedom Initiative. During the past year, through comprehensive self evaluations and extensive public input, a number of agencies identified barriers in their policies, programs, regulations, and statutes to community integration and developed priorities and action steps to address these barriers. You initially named the Departments of Justice,

Health and Human Services, Education, Labor, Housing and Urban Development, and the Social Security Administration to carry out this vision. Four additional agencies, the Department of Transportation, Veterans Affairs, the Small Business Administration, and the Office of Personnel Management, joined the implementation effort on a voluntary basis. Other agencies, including the Equal Employment Opportunity Commission and the National Council on Disability, share responsibility for activities that your Order addresses and also have offered to help implement it and achieve its goals.

This report sets forth a summary of the actions that federal agencies proposed to take in the following key areas: health care structure and financing; housing; personal assistance, direct care services and community workers; caregiver and family support; transportation; employment; education; access to technology; accountability and legal compliance; public awareness, outreach, and partnerships; income supports; gathering, assessment and use of data; and cross-agency collaboration and coordination.

The federal response to the tragic events of September 11, 2001, brought a new sensitivity to the meaning and importance of freedom. It also brought a heightened appreciation of coordination and collaboration among federal agencies, and their state and local counterparts and stakeholders and the power of such combined efforts. This report was drafted in this spirt. It is based on two premises. First, through collaboration, more can be achieved.

Second, through demonstrations and continued efforts, positive effects can be illustrated and then replicated to give persons with disabilities the freedom to live as independently as possible.

The vision for change embodied in your New Freedom Initiative and Executive Order is a broad one. Individuals with disabilities will have access to health care that recognizes and provides supports and services that promote independence and productivity. Individuals with disabilities will have a place to live in their community among family and friends. Individuals with disabilities will have jobs, accessible transportation, and enhanced, accessible technology. Individuals with disabilities will benefit from education along with peers without disabilities. The priorities and actions outlined in this report will move our Nation in the direction of this vision.

They also will strengthen and sustain families and expand opportunities for individuals to participate in the full range of community life. 

In the near future, we will present you with the individual reports of the agencies involved in carrying out your Executive Order. Together with this Preliminary Report, they represent the initial steps that we believe are necessary to enhanced community integration. But these are just the first steps. We look forward to continued collaboration with federal, state, and local governments, together with people with disabilities, their families, and service providers, to develop additional recommendations to fulfill our charge and the promise of full community integration for all Americans with disabilities.

Sincerely,

Tommy G. Thompson

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Federal Agency Actions to Eliminate Barriers and Promote Community Integration

http://www.hhs.gov/newfreedom/presidentrpt.html#1

"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, ACommunity-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: AThe 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."

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.

SUPPLEMENTAL INFORMATION: 

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

PRELIMINARY REPORT OVERVIEW

Part I of this Preliminary Report sets forth the federal agencies’ vision for a successful community service system consistent with the Order. In 13 major areas, the Report discusses the barriers to community integration articulated by the agencies and highlights key solutions. Detailed descriptions of all agency activities will be provided in the individual reports of each agency, which will be released shortly.

Part II of the Preliminary Report describes federal agency efforts to ensure public input in conducting self-evaluations of agency programs, policies, statutes and regulations, and provides the legal and factual context for the Order. Specifically, it describes the roots of the Executive Order, providing background on the Supreme Court decision in Olmstead v. L.C. and on the ADA.

HIGHLIGHTS OF FEDERAL AGENCY ACTIONS TO PROMOTE COMMUNITY INTEGRATION

As a result of the self-evaluation process required by Executive Order 13217, federal agencies devised literally hundreds of solutions to facilitate the community integration of individuals with disabilities. These solutions fall into the following categories:

Health Care Structure and Financing

Housing

Personal Assistance, Direct Care Services and Community Workers

Caregiver and Family Support

Transportation

Employment

Education

Access to Technology

Accountability and Legal Compliance

Public Awareness, Outreach and Partnerships

Income Supports

Gathering, Assessment and Use of Data

Cross-Agency Collaboration and Coordination

To view the report in its entirety, go to http://www.hhs.gov/newfreedom/presidentrpt.html#1

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