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.
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 The order has not been revoked.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 / office | Action | Timing / position |
|---|---|---|
| HHS Secretary | Lead interagency coordination and transmit the agency evaluations | Within 120 days and ongoing |
| Justice, HHS, Education, Labor, HUD and SSA | Review programs, statutes and rules for barriers to appropriate community services | Report within 120 days |
| Justice and HHS | Investigate and resolve unjustified-institutionalization complaints and enforce Title II | Ongoing, subject to current legal policy |
| Designated agencies | Work with states, consumers, advocates and providers and use existing federal resources effectively | Ongoing |
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.
Court status
See the court documents in Sources by type.
Legal and source detail
How it works legally
Olmstead, 527 U.S. 581, remains the controlling Supreme Court judgment unless changed by the Court or Congress. EO 13217 itself creates no private cause of action. The June 2026 OLC opinion binds the executive branch on the questions it resolves but is not a court judgment; existing regulations and judgments require separate lawful action to amend or vacate.
Sources by type
If a source is unavailable, first check the cited publisher or another official repository. The cited publisher remains the authority.
Primary and official sources
Orders, laws, court records and official implementation material.
How we checked this
Last checked against the sources above on October 2, 2026. How we research →