[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 814 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. RES. 814
Recognizing the importance of independent living and economic self-
sufficiency for individuals with disabilities made possible by the
Americans with Disabilities Act of 1990 and calling to protect the
right of individuals with disabilities to live in their own homes and
communities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2026
Mr. Kim (for himself, Ms. Duckworth, Mr. Heinrich, Mr. Hickenlooper,
Mr. Padilla, Mr. Kaine, Mr. Gallego, Ms. Baldwin, Mr. King, Mr.
Whitehouse, Mr. Wyden, Mr. Sanders, Mr. Reed, Ms. Warren, Mr. Durbin,
Mr. Van Hollen, Ms. Klobuchar, Ms. Blunt Rochester, Mr. Schiff, Mr.
Coons, Mrs. Shaheen, Mr. Booker, Mr. Blumenthal, Mr. Fetterman, Mrs.
Gillibrand, Ms. Cantwell, Mrs. Murray, Mr. Markey, Mr. Murphy, and Mr.
Bennet) submitted the following resolution; which was referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
RESOLUTION
Recognizing the importance of independent living and economic self-
sufficiency for individuals with disabilities made possible by the
Americans with Disabilities Act of 1990 and calling to protect the
right of individuals with disabilities to live in their own homes and
communities.
Whereas, in enacting the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) (referred to in this preamble as the ``Americans with
Disabilities Act''), Congress recognized that ``historically, society
has tended to isolate and segregate individuals with disabilities, and,
despite some improvements, such forms of discrimination against
individuals with disabilities continue to be a serious and pervasive
social problem'';
Whereas the Americans with Disabilities Act recognizes the rights of individuals
with disabilities to fully participate in their communities through
independent living, equality of opportunity, and economic self-
sufficiency;
Whereas, on June 22, 1999, the Supreme Court of the United States in Olmstead v.
L.C., 527 U.S. 581 (1999) (referred to in this preamble as ``the
Olmstead decision'') held that, under the Americans with Disabilities
Act, 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 of the United States further recognized that
``confinement in an institution severely diminishes the everyday life
activities of individuals, including activities involving family
relations and social contacts, work options, economic independence,
educational advancement, and cultural enrichment'';
Whereas, as a result of the integration mandate, many individuals with
disabilities have been able to live in their own homes, and become
productive members of the community, particularly through access to home
and community-based services through the Medicaid program under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (referred to in
this preamble as ``the Medicaid program'');
Whereas 36 years after the date of enactment of the Americans with Disabilities
Act, and 27 years after the Olmstead decision, the Department of Justice
issued a deeply flawed and harmful opinion that rejects the integration
mandate and threatens the hard-won progress toward full integration of
individuals with disabilities into society;
Whereas, prior to the Department of Justice opinion described in the preceding
whereas clause, the Olmstead decision and the integration mandate of the
Americans with Disabilities Act and section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) have been repeatedly affirmed by courts
across the United States, by Congress, and in Federal regulations,
prohibiting States from forcing individuals with disabilities into
segregated settings, such as psychiatric hospitals, nursing homes,
segregated schools, and sheltered workshops, when those individuals
could be served in their homes and communities;
Whereas the Department of Justice admits its interpretation of the Olmstead
decision is ``out of step with common understanding of that decision
within Federal courts'', yet encourages non-compliance with the
integration mandate;
Whereas 36 years after the date of the enactment of the Americans with
Disabilities Act--
(1) more than 8,400,000 individuals receive home and community-based
services through the Medicaid program;
(2) individuals with disabilities are participating in the labor force
at a rate of over 41 percent;
(3) on average, it is 3 times less expensive to serve someone through
home and community-based services relative to an institution; and
(4) individuals returning to the community from institutions report
improved life satisfaction, reduced unmet needs, and enhanced feelings of
dignity;
Whereas the continuation of segregated institutional settings has hindered the
inclusion of individuals with disabilities in communities, schools, and
workplaces, undermining the promise of the Americans with Disabilities
Act;
Whereas individuals of color with disabilities experience disproportionately
greater barriers to high-quality and accessible health care, education,
housing, and competitive integrated employment opportunities, infringing
on the right of individuals to fully participate in their communities
under the Americans with Disabilities Act;
Whereas the Americans with Disabilities Act represents the floor, not the
ceiling, of efforts needed to dismantle barriers to full participation,
equal opportunity, independent living, and economic self-sufficiency for
individuals with disabilities; and
Whereas fulfilling the promise of the Americans with Disabilities Act requires
individuals, families, communities, and government to work together to
guarantee that individuals with disabilities have the opportunity to
thrive in their communities throughout their lives: Now, therefore, be
it
Resolved, That the Senate--
(1) recognizes the importance of independent living, equal
opportunity, full participation, and economic self-sufficiency
for individuals with disabilities made possible by the
enactment of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) (referred to in this resolution as the
``Americans with Disabilities Act'');
(2) encourages the people of the United States to celebrate
the advancement of inclusion and equality of opportunity made
possible by the enactment of the Americans with Disabilities
Act;
(3) pledges to continue to work on a bipartisan basis to
identify and address the remaining barriers that undermine the
national goals of equality of opportunity, independent living,
economic self-sufficiency, and full participation for
individuals with disabilities, including by focusing on
individuals with disabilities who remain segregated in
institutions;
(4) pledges to work with States to improve funding for and
access to home and community-based services for individuals
with disabilities, with a focus on reducing and eliminating
institutionalization;
(5) admonishes against recent cuts, and any future cuts, to
the Medicaid program under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) (referred to in this resolution as
``the Medicaid program''), including the establishment of
burdensome work-reporting requirements and other barriers,
which puts the health of individuals with disabilities at risk
and hinders the progress made since the enactment of the
Americans with Disabilities Act;
(6) calls on Congress to work in a bipartisan manner to
reverse the biggest cut to the Medicaid program in history and
increase funding for home- and community-based services;
(7) calls on the Department of Justice to immediately
rescind its incorrect and arbitrary interpretation of the
decision of the Supreme Court of the United States in Olmstead
v. L.C., 527 U.S. 581 (1999) that was issued on June 18, 2026,
relating to the integration mandate of title II of the
Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
(8) calls on Federal agencies to develop policies that
advance the goals of the Americans with Disabilities Act,
including by--
(A) condemning any executive or legislative action
that would dismantle or relocate major offices within
the Department of Education, including the Office of
Special Education and Rehabilitative Services and the
Office for Civil Rights; and
(B) calling on the Department of Labor to develop
policies and practices, and to provide technical
assistance, to increase the number and quality of
competitive integrated employment opportunities for
individuals with disabilities that enable such
individuals to become economically self-sufficient;
(9) calls on the Department of Health and Human Services to
fully staff and support the Administration for Community Living
and to champion independent living by providing information,
resources, technical assistance related to home and community-
based services, and supporting family caregivers;
(10) calls on the Department of Housing and Urban
Development to provide accessible and inclusive homes and
communities that increase the options available for accessible,
inclusive, and equitable housing for individuals with
disabilities;
(11) calls on the Department of Transportation to create
accessible transit and airports and increase the hiring,
promotion, and retention of individuals with disabilities in
the transportation workforce;
(12) calls on the Federal Communications Commission to
provide information, resources, and technical assistance to
enable individuals with disabilities to have full and equitable
access to communications and telecommunications services and
technologies; and
(13) calls on the Federal Emergency Management Agency to
continue to implement a whole community approach and to
increase inclusivity and accessibility in emergency
preparedness.
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