[Congressional Record (Bound Edition), Volume 155 (2009), Part 12]
[Senate]
[Page 15888]
[From the U.S. Government Publishing Office, www.gpo.gov]




 SENATE RESOLUTION 201--RECOGNIZING AND HONORING THE TENTH ANNIVERSARY 
 OF THE UNITED STATES SUPREME COURT DECISION IN OLMSTEAD V. L.C., 527 
                            U.S. 581 (1999)

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

                              S. Res. 201

       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.

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