[House Report 109-196]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-196
HOUSE OF REPRESENTATIVES
1st Session Part 1
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RECOGNIZING AND HONORING THE 15TH ANNIVERSARY OF THE SIGNING OF THE
AMERICANS WITH
DISABILITIES ACT OF 1990
_______
July 27, 2005.--Ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H. Res. 378]
The Committee on the Judiciary, to whom was referred
the resolution (H. Res. 378) recognizing and honoring the 15th
anniversary of the signing of the Americans with Disabilities
Act of 1990, having considered the same, report favorably
thereon without amendment and recommend that the resolution be
agreed to.
PURPOSE AND SUMMARY
The purpose of H. Res. 378 is to recognize and honor the
15th anniversary of the signing of the Americans with
Disabilities Act of 1990 into law.
BACKGROUND AND NEED FOR THE LEGISLATION
On July 26, 1990, President George H.W. Bush, with the
bipartisan support of Congress, signed into law the Americans
with Disabilities Act (``ADA'').\1\ The purpose of the ADA was
``to establish a clear and comprehensive national mandate for
the elimination of discrimination against individuals with
disabilities; to provide clear, strong, consistent, enforceable
standards addressing discrimination against disabilities; to
ensure that the Federal Government plays a central role in
enforcing the standards established in the Act on behalf of
individuals with disabilities, and to invoke the sweep of
congressional authority, including the power to enforce the
14th amendment to the Constitution and to regulate commerce, in
order to address the major areas of discrimination faced day-
to-day by people with disabilities.'' \2\
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\1\ 42 U.S.C.A. Sec. 12101.
\2\ 42 U.S.C.A. Sec. 12101(b).
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The ADA was the result of over two years of extensive
research and hearings conducted by Congress in which
approximately 43 million Americans were identified as having
one or more mental or physical disabilities.\3\ Prior to the
ADA's passage, disabled Americans experienced disparate
treatment in almost all aspects of society, ranging from access
to facilities and buildings to transportation to housing and
other commercial facilities.\4\ As a result, disabled Americans
experienced lower graduation rates, lower employment rates,
higher poverty rates, and less personal freedom and
independence. Because state and local laws were identified as
being ill-equipped to address the exclusion of the disabled
from communities, Congress intervened under its authority to
enforce the 14th Amendment and the Interstate Commerce Clause.
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\3\ 42 U.S.C.A. Sec. 12101(a).
\4\ Id.
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Since the ADA's enactment, substantial progress has been
made to accommodate and include disabled Americans into all
aspects of society. Buildings and facilities are more easily
accessible by the disabled; transportation vehicles and
telecommunications are designed with disabled Americans in
mind; and public services are inclusive of disabled and non-
disabled Americans alike. Over the last 15 years, disabled
Americans have experienced higher graduation rates, higher
employment rates, and lower rates of poverty. Disabled
Americans have also been accorded a fuller measure of dignity
and equality as a result of passage of the ADA. Disabled
Americans are no longer isolated from communities but have been
empowered to live as independent, self-sufficient members of
the community. This resolution serves as a recognition of what
has been accomplished since 1990 and as a reminder of what
still needs to be done.
HEARINGS
The Committee on the Judiciary held no hearings on H. Res.
378.
COMMITTEE CONSIDERATION
On July, 27, 2005, the Committee on the Judiciary met in
open session and ordered favorably reported the resolution H.
Res. 378 without an amendment by a voice vote a quorum being
present.
VOTE OF THE COMMITTEE
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee notes that there
were no recorded votes during the committee consideration of H.
Res. 378.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
COMMITTEE COST ESTIMATE
In compliance with clause 3(d)(2) of rule XIII of the Rules
of the House of Representatives, the Committee believes that
the resolution will have no cost for the current fiscal year
2005, and that there will be no cost incurred for the next five
fiscal years.
PERFORMANCE GOALS AND OBJECTIVES
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
goal of H. Res. 378 is to recognize and honor the 15th
anniversary of the signing of the American with Disabilities
Act of 1990.
CONSTITUTIONAL AUTHORITY STATEMENT
Clause 3(d)(1) of rule XIII of the Rules of the House does
not apply as this is a resolution.
SECTION-BY-SECTION ANALYSIS AND DISCUSSION
The following discussion describes the bill as reported by
the Committee.
The first preambular clause provides that July 26, 2005,
marks the 15th anniversary of the signing of the Americans with
Disabilities Act of 1990 into law.
The second preambular clause provides that the Americans
with Disabilities Act of 1990 was one of the most significant
pieces of civil rights legislation since the Civil Rights Act
of 1964.
The third preambular clause describes the purposes of the
Americans with Disabilities Act of 1990, which are to ``provide
a clear and comprehensive national mandate for the elimination
of discrimination against individuals with disabilities;
provide clear, strong, consistent, enforceable standards
addressing discrimination against individuals with
disabilities; to ensure that the Federal Government plays a
central role in enforcing the standards established in the Act
on behalf of individuals with disabilities; and to invoke the
sweep of Congressional authority including the power to enforce
the 14th amendment to the Constitution and to regulate
commerce, in order to address the major areas of discrimination
faced day-to-day by people with disabilities.''
The fourth preambular clause provides that Congress
conducted two years of extensive hearings.
The fifth preambular clause provides that prior to the
passage of the Americans with Disabilities Act individuals with
disabilities experienced significantly lower graduation rates
and employment rates and were denied opportunities to
participate because of unfair stereotypes.
The sixth preambular clause provides that Federal and State
laws were not sufficient to address the discrimination.
The seventh preambular clause provides that the Americans
with Disabilities Act of 1990 was passed in Congress with
bipartisan support.
The eighth preambular clause provides that the Americans
with Disabilities Act of 1990 was the first international
comprehensive prohibition of discrimination on the basis of a
disability.
The ninth preambular clause provides that since the
enactment of the Americans with Disabilities Act of 1990
significant progress has been made in the United States to
afford greater opportunities to disabled individuals, which has
ultimately led to a more inclusive society.
The tenth preambular provides that 15th anniversary is
meant to highlight the achievements of the Act but also serves
as a reminder of the work left to be done on behalf of disabled
Americans.
The resolved clause provides that the House of
Representatives:
(1) recognizes and honors the 15th anniversary of the
signing of the Americans with Disabilities Act of 1990.
(2) recognizes and acknowledges the work of individuals and
organizations who fought and continue to advance the interests
of disabled Americans.
(3) reaffirms its commitment to promoting the civil and
constitutional rights of Americans with disabilities and
recognizes the important role of the Nation's Federal courts in
securing the rights of Americans under the American with
Disabilities Act.
(4) continues to strongly support the purposes and goals of
the Americans with Disabilities Act of 1990.
(5) encourages all Americans to recognize and celebrate the
Act's significance.
CHANGES IN EXISTING LAW BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, the Committee notes H. Res. 378
makes no changes to existing law.