On June 18, 2001, President Bush signed Executive Order No. 13217 on Community-Based Alternatives for Individuals with Disabilities. As one step in carrying out the Order, the Department of Justice, the Department of Health and Human Services, the Department of Education, the Department of Labor, the Department of Housing and Urban Development, and the Social Security Administration are tasked with evaluating the policies, programs, statues, 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. The results of the evaluation must be reported through the Department of Health and Human Services, to the President by October 16, 2001.

Essential to the review of the federal programs is the involvement of consumers, advocacy organizations, providers, and relevant agency representatives. "We can make real progress only if we first listen to the people who know the barriers better than anyone else could," stated DHHS Secretary Tommy G. Thompson during his July 25 speech celebrating the eleven year anniversary of the Americans with Disabilities Act.

There are three primary ways to provide input:

1. Written Comments - Comments due by August 27, 2001.
2. Toll-Free Teleconference Session - August 15, 2001.
3. National Listening Session - September 5, 2001.

A summary of all public input opportunities is also available.

The New Freedom Initiative announced by President Bush on February 1, 2001 is part of a nationwide effort to remove barriers to community living for people with disabilities. It represents an important step in working to ensure that all Americans have the opportunity to learn and develop skills, engage in productive work, and choose where to live and participate in community life. Its goals for people with disabilities include: increasing access to assistive and universally designed technologies; expanding educational opportunities; promoting homeownership; integrating Americans with disabilities into the workforce; expanding transportation options; and promoting full access to community life.

The initiative's proposals include:

· Promoting full access to community life through swift implementation of the Olmstead Supreme Court decision;
· Integrating Americans with disabilities into the workforce through swift implementation of the Ticket to Work and Work Incentives Improvement Act of 1999 (TWWIIA); and
· Creating the National Commission on Mental Health.

The President took his first step in calling for swift implementation of the Olmstead decision by issuing an Executive Order on June 18, 2001 directing federal agencies to identify barriers and solutions for community living. Implementation of this Order calls for public input.

Reference Information:
· Details of the New Freedom Initiative - June 23, 2001.
· Details of the Executive Order 13217.
· Opportunity for Public Input in Carrying Out Executive Order 13217.
· DHHS Fact Sheet, HHS Programs Serve Americans with Disabilities, July 25, 2001.

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 for swift implementation of the Supreme Court's Olmstead decision that holds that unjustified isolation or segregation of qualified individuals through institutionalization is a form of disability-based discrimination prohibited by Title II of the ADA.

· Directs the Department of Justice, the Department of Health and Human Services, the Department of Education, the Department of Labor, the Department of Housing and Urban Development, and the Social Security Administration to provide assistance and to work cooperatively with States to achieve the goals of Title II of the Americans with Disabilities Act (ADA).

· Directs these six federal agencies to "evaluate the policies, programs, statues, 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." The review must focus on identifying affected populations, improving the flow of information about supports in the community, and removing barriers that impede opportunities for community placement. Public Input from consumers, advocacy organizations, providers, and other relevant agencies is an important part of this evaluation effort. The results of the evaluation must be reported, through the Department of Health and Human Services, to the President by October 16, 2001.

Reference Information -
- Opportunity for Public Input in Carrying Out Executive Order 13217.
- Executive Order: Community-Based Alternatives for Individuals with Disabilities, Executive Order 13217, June 18, 2001.
- White House Fact Sheet, Executive Order 13217.
- DHHS Secretary Tommy G. Thompson, July 27, 2001 letter regarding Executive Order 13217, DHHS Press Release, and Fact Sheet.

To assist federal agencies in their review and self-evaluations, we invite the public to submit to us your specific written comments on issues such as barriers in federal law; policy and programs that limit the ability of people of any age who have a disability to achieve the above goals; actions that each of the designated agencies can take to address those barriers, and improve the flow of information about community supports or aid in fulfillment of the ADA; and how federal programs can work together in support of enabling an individual with a disability to participate fully in the social and economic life of the community (e.g., health coverage, mental heath services, social services, affordable and accessible housing, employment, caregiver support, and other services).

Written Comments are due by August 27, 2001. Comments should be sent electronically via e-mail to: newfreedom@cms.hhs.gov.

If you do not have access to e-mail, please send comments to the New Freedom Initiative Group, Department of Health and Human Services, P.O. Box 23271, Washington, D.C. 20036-3271.

If you are sending written comments, if possible, please send an electronic version of the comments on a 3 1/2 DOS format floppy disk in a format that is accessible to everyone, including persons with disabilities, such as HTML, ASCII text, or popular word processor format (Microsoft Word, Corel Word Perfect).

We encourage you to get your comments in by the deadline (August 27, 2001). The final report to the President is due on October 16, 2001. Because of the tight timeframe for actually preparing the final report, we cannot guarantee that written comments received after August 27 will make it to the federal agencies preparing the report in time for consideration in their respective summaries. If time permits, there will be an attempt to consider all comments in the creation of the final report that will be submitted to the President. Additionally, as this is an on-going federal effort, all comments will be used to inform future agency activities and initiatives.

The Federal notice soliciting written comments was published in the Federal Register on July 25, 2001.

For further information, contact Kari Benson, New Freedom Initiative Group, (202) 205-0624.

In order to provide everyone with an opportunity to share his or her insight(s), there will be a toll-free teleconference session on August 15, 2001. The call:

• Will be held from 1:00 - 4:00 p.m. Eastern time.
• To participate in the teleconference, call (888) 396-9929.
• The code is Public Input and the Moderator is Kathy Rama.

Key listeners on the call include: Robinsue Frohboese, Office of Civil Rights, Deputy Director; Thomas E. Hamilton, Centers for Medicare and Medicaid Services, Disabled and Elderly Health Programs Group Director; and Lance Leggitt, Counselor to the Deputy Secretary.

During the call, approximately 50 individuals will have an opportunity to provide a three-minute testimony. The operator will inform individuals at the time of the call on how to queue up to speak.

There will be opening remarks by federal representatives. However, as the intent of the call is to hear from consumers, family members, advocacy organizations, providers, State and federal agency representatives, and others, federal representatives will not routinely be responding to comments.

In order to ensure we have reserved enough lines, please register in advance of the teleconference. To register for this teleconference, please e-mail Liz White at: ewhite@cms.hhs.gov. If you do not have access to e-mail, call Ms. White at (410) 786-0672. When you register, please provide your name, organization if appropriate, and phone number. Also indicate if you are a: consumer; family member; service provider; representative of a provider association, advocacy organization, or governmental association; employee of the local government, state government, federal government; or other organization. Additionally, please provide information on the primary disability/condition of interest.

At the time of the call, the operator will provide directions on how to queue up for an opportunity to speak. Each speaker will have three minutes to complete their comments. To maximize the number of individuals that can provide input, there will not be a response to comments from the listeners.

A toll-free replay of the call will be available 24 hours a day until 5:00 p.m. on August 31, 2001. The phone number to access this replay will be: (800) 219-6389. Consumers, family members, advocacy organizations, providers, relevant State and federal representatives and others are invited to provide a three-minute testimony to federal officials.