III 

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; 


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•SCON 59 IS 

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; 


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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 


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(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 


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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 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That Congress— 

3 (1) recognizes the importance of equal oppor4 tunity for individuals with disabilities in the United 

5 States; 

6 (2) recognizes that too many facilities of Fed7 eral, State, and local governments remain inacces8 sible to people with disabilities due to architectural 

9 and other barriers; 

10 (3) reaffirms its support of the Act entitled 

11 ‘‘An Act to insure that certain buildings financed 

12 with Federal funds are so designed and constructed 

13 as to be accessible to the physically handicapped’’, 

14 approved August 12, 1968 (42 U.S.C. 4151 et seq.) 

15 (commonly known as the ‘‘Architectural Barriers 

16 Act of 1968’’), title V of the Rehabilitation Act of 

17 1973 (29 U.S.C. 791 et seq.), the Americans with 

18 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), 

19 and the Fair Housing Act (42 U.S.C. 3601 et seq.) 

20 and requires full compliance with such Acts; and 


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1 (4) pledges to make universal and inclusive de2 sign a guiding principle for all infrastructure bills 

3 and projects and will continue working to identify 

4 and remove the barriers that prevent all people of 

5 the United States, including people with disabilities, 

6 from having equal access to the services provided by 

7 the Federal Government. 

Æ 


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