Sec. 5. Administration
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The Attorney General shall— investigate and take enforcement action for violations of this Act; and enforce section 6(c). The Secretary of Health and Human Services, through the Administrator, shall— conduct studies regarding the nature and extent of institutionalization of individuals with LTSS disabilities in representative communities, including urban, suburban, and rural communities, throughout the United States; publish and disseminate reports, recommendations, and information derived from such studies, including an annual report to Congress, specifying— the nature and extent of progress in the United States in eliminating institutionalization for individuals with LTSS disabilities in violation of this Act and furthering the purposes of this Act; obstacles that remain in the effort to achieve the provision of community-based long-term services and supports for all individuals with LTSS disabilities; and recommendations for further legislative or executive action; cooperate with, and provide technical assistance to, Federal, State, and local public or private agencies and organizations that are formulating or carrying out programs to prevent or eliminate institutionalization of individuals with LTSS disabilities or to promote the provision of community-based long-term services and supports; implement educational and conciliatory activities to further the purposes of this Act; and refer information on violations of this Act to the Attorney General for investigation and enforcement action under this Act.
Each Federal agency and, in particular, each Federal agency covered by Executive Order 13217 (66 Fed. Reg. 33155; relating to community-based alternatives for individuals with disabilities), shall carry out programs and activities relating to the institutionalization of individuals with LTSS disabilities and the provision of community-based long-term services and supports for individuals with LTSS disabilities in accordance with this Act and shall cooperate with the Attorney General and the Administrator to further the purposes of this Act.
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- 66 FR 33155
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