[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 30 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. CON. RES. 30
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 12, 2019
Mr. Blumenthal (for himself, Mr. Casey, Mr. Brown, Ms. Cantwell, Mr.
Merkley, Ms. Hassan, Ms. Duckworth, Mr. Murphy, Ms. Harris, Mr.
Whitehouse, Mr. Van Hollen, Mr. Coons, Mrs. Murray, 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--
(1) 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
(2) 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, meaning that 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 (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 29 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 individuals with
disabilities due to architectural and other barriers;
(3) reaffirms its support of and requires full compliance
with--
(A) 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'');
(B) title V of the Rehabilitation Act of 1973 (29
U.S.C. 791 et seq.);
(C) the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.); and
(D) the Fair Housing Act (42 U.S.C. 3601 et seq.);
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 individuals
with disabilities, from having equal access to the services
provided by the Federal Government.
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