[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 201 Agreed to Senate (ATS)]

111th CONGRESS
  1st Session
S. RES. 201

  Recognizing and honoring the tenth anniversary of the United States 
    Supreme Court decision in Olmstead v. L.C., 527 U.S. 581 (1999).


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2009

   Mr. Harkin (for himself and Mr. Kennedy) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION


 
  Recognizing and honoring the tenth anniversary of the United States 
    Supreme Court decision in Olmstead v. L.C., 527 U.S. 581 (1999).

Whereas in the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) 
        (referred to in this preamble as the ``ADA''), Congress found that the 
        isolation and segregation of individuals with disabilities is a serious 
        and pervasive form of discrimination;
Whereas the ADA provides the guarantees of equality of opportunity, economic 
        self-sufficiency, full participation, and independent living for 
        individuals with disabilities;
Whereas on June 22, 1999, the United States Supreme Court in Olmstead v. L.C., 
        527 U.S. 581 (1999), held that under the ADA, States must offer 
        qualified individuals with disabilities the choice to receive their 
        long-term services and support in a community-based setting;
Whereas the Supreme Court further recognized in Olmstead v. L.C. that 
        ``institutional placement of persons who can handle and benefit from 
        community settings perpetuates unwarranted assumptions that persons so 
        isolated are incapable or unworthy of participating in community life'' 
        and that ``confinement in an institution severely diminishes the 
        everyday life activities of individuals, including family relations, 
        social contacts, work options, economic independence, educational 
        advancement, and cultural enrichment.'';
Whereas June 22, 2009, marks the tenth anniversary of the Olmstead v. L.C. 
        decision;
Whereas, as a result of the Supreme Court decision in Olmstead v. L.C., many 
        individuals with disabilities have been able to live in home and 
        community-based settings, rather than institutional settings, and to 
        become productive members of the community;
Whereas despite this success, community-based services and supports remain 
        unavailable for many individuals with significant disabilities;
Whereas eligible families of children with disabilities, working-age adults with 
        disabilities, and older individuals with disabilities should be able to 
        make a choice between entering an institution or receiving long-term 
        services and supports in the most integrated setting appropriate to the 
        individual's needs; and
Whereas families of children with disabilities, working-age adults with 
        disabilities, and older individuals with disabilities should retain the 
        greatest possible control over the services received and, therefore, 
        their own lives and futures, including quality services that maximize 
        independence in the home and community: Now, therefore, be it
    Resolved, That the Senate--
            (1) recognizes and honors the tenth anniversary of the 
        Supreme Court decision in Olmstead v. L.C.;
            (2) salutes all people whose efforts have contributed to 
        the expansion of home and community-based long-term services 
        and supports for individuals with disabilities; and
            (3) encourages all people of the United States to recognize 
        the importance of ensuring that home and community-based 
        services are equally available to all qualified individuals 
        with significant disabilities who choose to remain in their 
        home and community.
                                 <all>