Executive Order 13217: Community-Based Alternatives for Individuals With Disabilities

President: George W. Bush

Directed six federal agencies, led by HHS, to help states implement Olmstead, review barriers to community-based services, report within 120 days, and enforce Title II of the ADA against unjustified institutionalization.

Status: In effect.

Is Executive Order 13217 still in effect? Yes. Active but legally disputed; 2026 OLC rejects integration-mandate interpretation.

What does Executive Order 13217 do?

The order assigned these duties: HHS Secretary — Lead interagency coordination and transmit the agency evaluations; Justice, HHS, Education, Labor, HUD and SSA — Review programs, statutes and rules for barriers to appropriate community services.

SignedJune 18, 2001
IssuerPresident George W. Bush
Lead agencies or officialsHealth and Human Services, Justice, Education, Labor, Housing and Urban Development, and Social Security Administration
Express timingAgency evaluations and reports within 120 days; continuing technical assistance and enforcement

Before and after

Before the order

The Supreme Court’s 1999 Olmstead judgment interpreted Title II and its regulation to require community placement in defined circumstances, but federal implementation remained dispersed across programs and agencies.

After the order

Agencies issued Delivering on the Promise reports, technical assistance and enforcement actions. The order has not been revoked. In June 2026, however, DOJ’s Office of Legal Counsel concluded that the ADA and Rehabilitation Act do not authorize the integration mandate and disputed the prevailing reading of Olmstead; that executive-branch opinion does not itself vacate the Supreme Court judgment or repeal regulations.

Who had to do what

Agency / officeActionTiming / position
HHS SecretaryLead interagency coordination and transmit the agency evaluationsWithin 120 days and ongoing
Justice, HHS, Education, Labor, HUD and SSAReview programs, statutes and rules for barriers to appropriate community servicesReport within 120 days
Justice and HHSInvestigate and resolve unjustified-institutionalization complaints and enforce Title IIOngoing, subject to current legal policy
Designated agenciesWork with states, consumers, advocates and providers and use existing federal resources effectivelyOngoing

What happened next

EO 13217 signed.

DOJ’s Office of Legal Counsel concluded that the statutes do not authorize the integration mandate and that Olmstead did not hold otherwise.

Reviewed court position

Court status

See the court documents in Sources by type.