[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 59 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
S. CON. RES. 59

   Recognizing the need to improve physical access to many federally 
  funded facilities for all people of the United States, particularly 
                     individuals with disabilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2018

   Mr. Blumenthal (for himself, Mr. Murphy, Mr. Coons, Mr. Reed, Mr. 
   Whitehouse, Ms. Hassan, Mrs. Murray, Mr. Casey, Ms. Cantwell, Ms. 
  Duckworth, Mr. Brown, Mr. Van Hollen, Mr. Merkley, and Ms. Hirono) 
 submitted the following concurrent resolution; which was referred to 
        the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
   Recognizing the need to improve physical access to many federally 
  funded facilities for all people of the United States, particularly 
                     individuals with disabilities.

Whereas the First Amendment to the Constitution of the United States prevents 
        Congress from making any law respecting an establishment of religion, 
        prohibiting the free exercise of religion, or abridging the freedom of 
        speech, the freedom of the press, the right to peaceably assemble, or 
        the right to petition for a governmental redress of grievances, and was 
        ratified on December 15, 1791, as 1 of the 10 amendments that constitute 
        the Bill of Rights;
Whereas the Bill of Rights, specifically the First Amendment to the Constitution 
        of the United States, calls for the right of all individuals to 
        peaceably assemble, and to this end, all individuals, regardless of 
        their physical ability, shall be offered equal opportunity to access all 
        amenities that are federally funded, in whole or part, with the 
        exception of certain sites of historical importance approved by the 
        Architectural and Transportation Barriers Compliance Board (commonly 
        known and referred to in this preamble as the ``United States Access 
        Board'') or a nonpartisan commission convened by the United States 
        Access Board;
Whereas, in the 28 years since the signing of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12101 et seq.), there have been advances in 
        technologies that benefit individuals with disabilities, such as 
        automatic doors;
Whereas, in 2018, the Centers for Disease Control and Prevention reported that--

    (1) 61,000,000 individuals in the United States have a disability that 
impacts major life activities;

    (2) 1 of every 7 adults experience a mobility impairment, which is the 
most common form of disability; and

    (3) as people age, disability becomes increasingly common, affecting an 
estimated 2 of every 5 older adults;

Whereas, as significant advances in medical treatment result in improved health 
        outcomes, the incidence of disability has increased over time;
Whereas, in 2016, an estimated 25.1 percent of veterans in the United States, or 
        more than 2,000,000 individuals, reported having a service-connected 
        disability;
Whereas the Act entitled ``An Act to insure that certain buildings financed with 
        Federal funds are so designed and constructed as to be accessible to the 
        physically handicapped'', approved August 12, 1968 (42 U.S.C. 4151 et 
        seq.) (commonly known as the ``Architectural Barriers Act of 1968''), 
        was enacted to ensure that certain federally funded facilities are 
        designed and constructed to be accessible to individuals with 
        disabilities;
Whereas title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.)--

    (1) prohibits discrimination against a person with a disability in 
programs and activities funded by the Federal Government;

    (2) requires the elimination of architectural barriers for Federal 
employees and applicants with disabilities; and

    (3) established the United States Access Board;

Whereas the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)--

    (1) prohibits discrimination against a person with a disability by a 
State or local government, including any department, agency, special 
purpose district, or other instrumentality of a State or local government, 
in programs and activities, transportation, communications, and the built 
environment;

    (2) prohibits discrimination against a person with a disability in the 
activities of a place of public accommodation, which is an entity that is--

    G    (A) generally open to the public; and

    G    (B) within a category described in that Act, such as a restaurant, 
movie theater, school, day care facility, or doctor's office; and

    (3) requires a newly constructed or altered place of public 
accommodation or commercial facility (such as a factory, warehouse, or 
office building) to comply with the Standards for Accessible Design;

Whereas the Fair Housing Act (42 U.S.C. 3601 et seq.)--

    (1) prohibits discrimination on the basis of disability in multifamily 
housing, including military family housing; and

    (2) requires the elimination of architectural barriers in common areas;

Whereas the United States Access Board has developed new guidelines for public 
        rights-of-way that address various issues, including access for blind 
        pedestrians at street crossings, wheelchair access to on-street parking, 
        and various constraints posed by space limitations, roadway design 
        practices, slope, and terrain;
Whereas the new guidelines developed by the United States Access Board cover 
        pedestrian access to sidewalks and streets, including crosswalks, curb 
        ramps, street furnishings, pedestrian signals, parking, and other 
        components of public rights-of-way;
Whereas the aim of the United States Access Board in developing the new 
        guidelines includes ensuring that--

    (1) access for individuals with disabilities is provided wherever a 
pedestrian way is newly built or altered; and

    (2) the same degree of convenience, connection, and safety afforded the 
public generally is available to pedestrians with disabilities;

Whereas, on the date on which the Attorney General adopts the new guidelines, 
        the guidelines will become enforceable standards under title II of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.); and
Whereas the United States was founded on the principles of equality and freedom, 
        and such principles require that all individuals, including individuals 
        with disabilities, are able to engage as equal members of society: Now, 
        therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That Congress--
            (1) recognizes the importance of equal opportunity for 
        individuals with disabilities in the United States;
            (2) recognizes that too many facilities of Federal, State, 
        and local governments remain inaccessible to people with 
        disabilities due to architectural and other barriers;
            (3) reaffirms its support of the Act entitled ``An Act to 
        insure that certain buildings financed with Federal funds are 
        so designed and constructed as to be accessible to the 
        physically handicapped'', approved August 12, 1968 (42 U.S.C. 
        4151 et seq.) (commonly known as the ``Architectural Barriers 
        Act of 1968''), title V of the Rehabilitation Act of 1973 (29 
        U.S.C. 791 et seq.), the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12101 et seq.), and the Fair Housing Act (42 
        U.S.C. 3601 et seq.) and requires full compliance with such 
        Acts; and
            (4) pledges to make universal and inclusive design a 
        guiding principle for all infrastructure bills and projects and 
        will continue working to identify and remove the barriers that 
        prevent all people of the United States, including people with 
        disabilities, from having equal access to the services provided 
        by the Federal Government.
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