[Congressional Record Volume 164, Number 194 (Monday, December 10, 2018)]
[Senate]
[Pages S7387-S7388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SENATE CONCURRENT RESOLUTION 59--RECOGNIZING THE NEED TO IMPROVE 
 PHYSICAL ACCESS TO MANY FEDERALLY FUNDED FACILITIES FOR ALL PEOPLE OF 
     THE UNITED STATES, PARTICULARLY INDIVIDUALS WITH DISABILITIES

  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:

                            S. Con. Res. 59

       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--
          (A) generally open to the public; and
          (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;

[[Page S7388]]

       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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