III 

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 individVerDate Nov 24 2008 01:04 Jun 24, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR201.ATS SR201

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•SRES 201 ATS 

uals 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 


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•SRES 201 ATS 

services received and, therefore, their own lives and futures, including quality services that maximize independence in the home and community: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) recognizes and honors the tenth anniversary 

3 of the Supreme Court decision in Olmstead v. L.C.; 

4 (2) salutes all people whose efforts have con5 tributed to the expansion of home and community6 based long-term services and supports for individuals 

7 with disabilities; and 

8 (3) encourages all people of the United States 

9 to recognize the importance of ensuring that home 

10 and community-based services are equally available 

11 to all qualified individuals with significant disabil12 ities who choose to remain in their home and com13 munity. 

Æ 


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