III 111th CONGRESS 1st Session S. RES. 201 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

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.