[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 669 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 669
To protect the rights of passengers with disabilities in air
transportation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2019
Ms. Baldwin (for herself, Mr. Blumenthal, Ms. Duckworth, Ms. Hassan,
Mr. Merkley, Mr. Markey, and Ms. Warren) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To protect the rights of passengers with disabilities in air
transportation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Carrier Access Amendments Act of
2019''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) In 1986, President Ronald Reagan signed the Air Carrier
Access Act of 1986 (Public Law 99-435; 100 Stat. 1080), adding
a provision now codified in section 41705 of title 49, United
States Code (in this section referred to as the ``ACAA''),
prohibiting disability-based discrimination in air
transportation.
(2) Despite progress, many individuals with disabilities,
including veterans, still encounter significant barriers while
traveling in air transportation, such as--
(A) damaged assistive devices;
(B) inaccessible aircraft, lavatories, and
communication media;
(C) delayed assistance;
(D) inequitable treatment of service animals;
(E) inadequate disability cultural competency; and
(F) a lack of suitable seating accommodations.
(b) Sense of Congress.--The following is the sense of Congress:
(1) Access for individuals with disabilities in air
transportation must move into the 21st century. Otherwise,
individuals with disabilities will be left behind and unable to
compete in today's job market or enjoy the opportunities
available to other citizens of the United States.
(2) Aircraft must be designed to accommodate individuals
with disabilities and air carriers must acquire aircraft that
meet broad accessibility standards.
(3) The ACAA must be updated to improve access to air
transportation for individuals with disabilities. Legislation
is necessary for the modernization of standards and
requirements that will strengthen accessibility in air
transportation, including the accessibility of aircraft.
(4) The Department of Transportation and the Architectural
and Transportation Barriers Compliance Board (in this section
referred to as the ``Access Board'') must promulgate
regulations to ensure that all passengers with disabilities
receive--
(A) prompt and effective boarding, deplaning, and
connections between flights;
(B) accommodations, including nonstandard
accommodations, that safely facilitate air travel; and
(C) better access to airport facilities, including
the provision of visually accessible announcements and
full and equal access to aural communications.
(5) Legislation is necessary to ensure that individuals
with disabilities have adequate remedies available when air
carriers violate the ACAA (including regulations prescribed
under the ACAA).
(6) Unlike other civil rights statutes, the ACAA does not
contain a private right of action, which is critical to the
enforcement of civil rights statutes. Legislation is necessary
to correct this anomaly.
SEC. 3. DEFINITIONS.
In this Act:
(1) Access board.--The term ``Access Board'' means the
Architectural and Transportation Barriers Compliance Board.
(2) Air carrier.--The term ``air carrier'' means an air
carrier or foreign air carrier (as those terms are defined in
section 40102 of title 49, United States Code).
(3) Disability.--The term ``disability'' has the meaning
given that term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102), including the meaning under that
section as amended by the ADA Amendments of 2008 (Public Law
110-325; 122 Stat. 3553).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 4. IMPROVING ACCESS TO AIR TRANSPORTATION FOR INDIVIDUALS WITH
DISABILITIES.
(a) In General.--Section 41705 of title 49, United States Code, is
amended to read as follows:
``Sec. 41705. Accessibility of air transportation for individuals with
disabilities
``(a) In General.--In providing air transportation, an air carrier
may not discriminate against an individual on the basis of a
disability, including by taking any of the actions prohibited under
subsection (b) or not taking any of the actions required by subsection
(c).
``(b) Prohibited Actions.--
``(1) In general.--An air carrier may not--
``(A) directly or through a contractual, licensing,
or other arrangement, discriminate in the full and
equal enjoyment (within the meaning of that term under
section 302(a) of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12182(a))) of air transportation;
``(B) deny the opportunity of an individual or a
class of individuals, on the basis of a disability or
disabilities of the individual or class, to participate
in or benefit from the goods, services, facilities,
advantages, accommodations, or other opportunities
provided by the air carrier;
``(C) afford an individual or a class of
individuals, on the basis of a disability or
disabilities of the individual or class, with the
opportunity to participate in or benefit from a good,
service, facility, advantage, accommodation, or other
opportunity that is not equal to a good, service,
facility, advantage, accommodation, or other
opportunity afforded to other individuals;
``(D) subject to paragraph (2), provide an
individual or a class of individuals, on the basis of a
disability or disabilities of the individual or class,
with a good, service, facility, privilege, advantage,
accommodation, or other opportunity that is different
or separate from a good, service, facility, privilege,
advantage, accommodation, or other opportunity provided
to other individuals;
``(E) deny any goods, services, facilities,
privileges, advantages, accommodations, or other
opportunities to an individual because of the known
disability of another individual with whom the
individual is known to have a relationship or
association;
``(F) impose or apply eligibility criteria that
screen out or have the effect of screening out
individuals with disabilities or a class of individuals
with disabilities from fully enjoying any good,
service, facility, privilege, advantage, accommodation,
or other opportunity provided by the air carrier,
unless the air carrier can demonstrate that such
criteria are necessary for the provision of the good,
service, facility, privilege, advantage, accommodation,
or other opportunity;
``(G) directly or through a contractual, licensing,
or other arrangement, use standards or criteria or
methods of administration--
``(i) that have the effect of
discriminating on the basis of disability; or
``(ii) that perpetuate the discrimination
of others who are subject to common
administrative control;
``(H) purchase or lease an aircraft that does not
comply with this section and regulations prescribed
under this section; or
``(I) refurbish an aircraft cabin in an aircraft
manufactured before the date of the enactment of the
Air Carrier Access Amendments Act of 2019, or purchase
or lease such an aircraft, unless the aircraft, to the
maximum extent feasible, is made readily accessible to
and usable by individuals with disabilities, including
individuals who use wheelchairs, in accordance with
this section and upon issuance of regulations
prescribed under this section.
``(2) Exception.--
``(A) In general.--Subject to subparagraph (B), an
air carrier may provide an individual or a class of
individuals, on the basis of a disability or
disabilities of the individual or class, with a good,
service, facility, privilege, advantage, accommodation,
or other opportunity that is different or separate from
the good, service, facility, privilege, advantage,
accommodation, or other opportunity provided to other
individuals if doing so is necessary to provide the
individual or class of individuals with a good,
service, facility, privilege, advantage, accommodation,
or other opportunity that is as effective as the good,
service, facility, privilege, advantage, accommodation,
or other opportunity provided to other individuals.
``(B) Acceptance.--An individual or a class of
individuals shall retain the authority to decide
whether to accept or refuse a good, service, facility,
privilege, advantage, accommodation, or other
opportunity referred to in subparagraph (A).
``(C) Selection of goods, etc., provided to
others.--If, in accordance with subparagraph (A), an
air carrier provides to an individual or a class of
individuals a good, service, facility, privilege,
advantage, accommodation, or other opportunity that is
different or separate from the good, service, facility,
privilege, advantage, accommodation, or other
opportunity provided to other individuals, the air
carrier may not deny to an individual with a disability
the opportunity to participate in the good, service,
facility, privilege, advantage, accommodation, or other
opportunity provided to such other individuals.
``(c) Required Actions.--An air carrier shall--
``(1) afford goods, services, facilities, privileges,
advantages, accommodations, and other opportunities to an
individual with a disability in the most integrated setting
appropriate to the needs of the individual;
``(2) make reasonable modifications in policies, practices,
or procedures, when such modifications are necessary to afford
goods, services, facilities, privileges, advantages,
accommodations, or other opportunities to individuals with
disabilities, unless the air carrier can demonstrate that
making such modifications would fundamentally alter the nature
of the goods, services, facilities, privileges, advantages,
accommodations, or other opportunities;
``(3) take such measures as may be necessary to ensure that
no individual with a disability is excluded, denied services,
segregated, or otherwise treated differently from other
individuals because of the absence of auxiliary aids or
services, unless the air carrier can demonstrate that taking
such measures would--
``(A) fundamentally alter the nature of a good,
service, facility, privilege, advantage, accommodation,
or other opportunity being offered; or
``(B) result in an undue burden to the air carrier;
and
``(4)(A) remove architectural barriers to equal access by
individuals with disabilities to goods, services, facilities,
privileges, advantages, accommodations, or other opportunities
provided by the air carrier, and communication barriers to such
access that are structural in nature, in facilities of the air
carrier (whether owned or leased by the air carrier) that were
constructed before or altered after the date of the enactment
of the Air Carrier Access Amendments Act of 2019, and remove
physical and communication barriers to such access in aircraft
manufactured before such date of enactment and used by an air
carrier for transporting individuals, if the removal of such
barriers is readily achievable; or
``(B) if the air carrier can demonstrate that the removal
of a barrier described in subparagraph (A) is not readily
achievable, make such goods, services, facilities, privileges,
advantages, accommodations, or other opportunities available
through alternative methods that are readily achievable.
``(d) Complaints.--
``(1) In general.--The Secretary of Transportation shall
ensure that individuals with disabilities traveling in air
transportation are able--
``(A) to file complaints with the Department of
Transportation in response to disability-related
discrimination prohibited under this section or
regulations prescribed under this section; and
``(B) to receive assistance from the Department
through a toll-free hotline telephone number or
comparable electronic means of communication.
``(2) Notice to passengers with disabilities.--Each air
carrier shall include on its publicly available Internet
website, any related mobile device application, and online
service--
``(A) the hotline telephone number established
under section 42302 or the telephone number for the
Aviation Consumer Protection Division of the Department
of Transportation and the Department's disability
assistance hotline telephone number or a comparable
electronic means of communication;
``(B) notice that a consumer can file a disability-
related complaint with the Aviation Consumer Protection
Division;
``(C) an active link to the Internet website of the
Aviation Consumer Protection Division for a consumer to
file a disability-related complaint; and
``(D) notice that the consumer can file a
disability-related complaint with the air carrier and
the process and any timelines for filing such a
complaint.
``(3) Investigation of complaints.--
``(A) In general.--The Secretary shall--
``(i) investigate each complaint of a
violation of this section or a regulation
prescribed under this section;
``(ii) provide, in writing, to the
individual that filed the complaint and the air
carrier alleged to have violated this section
or a regulation prescribed under this section,
the determination of the Secretary with respect
to--
``(I) whether the air carrier
violated this section or a regulation
prescribed under this section; and
``(II) the facts underlying the
complaint; and
``(iii) take action where a violation is
found to bring the air carrier into compliance.
``(B) Referral.--If the Secretary has reasonable
cause to believe that any air carrier or group of air
carriers is engaged in a pattern or practice of
discrimination under this section, or any person or
group of persons has been discriminated against under
this section and such discrimination raises an issue of
general public importance, the Secretary shall refer
the matter to the Attorney General.
``(C) Publication of data.--The Secretary shall
publish disability-related complaint data in a manner
comparable to other aviation consumer complaint data.
``(D) Review and report.--The Secretary shall
regularly review all complaints received by air
carriers alleging discrimination on the basis of
disability and shall report annually to Congress on the
disposition of such complaints.
``(e) Civil Action.--
``(1) Aggrieved persons.--
``(A) In general.--Any person aggrieved by the
violation by an air carrier of this section or a
regulation prescribed under this section may, during
the 2-year period beginning on the date of the
violation, bring a civil action in an appropriate
district court of the United States.
``(B) Available relief.--If a court finds in favor
of the plaintiff in a civil action brought under
subparagraph (A), the court may award to the plaintiff
equitable and legal relief, including compensatory and
punitive damages, and shall, in addition to any such
relief, award reasonable attorney's fees, reasonable
expert fees, and cost of the action to the plaintiff.
``(C) Exhaustion of administrative remedies.--Any
person aggrieved by the violation by an air carrier of
this section or a regulation prescribed under this
section shall not be required to exhaust administrative
remedies before bringing a civil action under
subparagraph (A).
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to invalidate or limit
other Federal or State laws affording to people with
disabilities greater legal rights or protections than
those granted by this section.
``(2) Enforcement by attorney general.--
``(A) In general.--The Attorney General may bring a
civil action on behalf of persons aggrieved by the
violation by an air carrier of this section or a
regulation prescribed under this section in any
appropriate district court of the United States.
``(B) Authority of court.--In a civil action under
subparagraph (A), the court may--
``(i) grant any equitable relief that the
court considers to be appropriate;
``(ii) award such other relief as the court
considers to be appropriate, including monetary
damages to persons aggrieved by the violation
by an air carrier of this section or a
regulation prescribed under this section, when
requested by the Attorney General; and
``(iii) assess a civil penalty against the
air carrier.
``(f) Rule of Construction.--Nothing in this subchapter shall
require an air carrier to permit an individual to participate in or
benefit from goods, services, facilities, privileges, advantages,
accommodations, or other opportunities if the individual poses a
significant risk to the health or safety of others that cannot be
eliminated by a modification of policies, practices, or procedures or
by the provision of auxiliary aids or services.
``(g) Definitions.--In this section:
``(1) Access board.--The term `Access Board' means the
Architectural and Transportation Barriers Compliance Board.
``(2) Air carrier.--The term `air carrier' means an air
carrier or, subject to section 40105(b), a foreign air carrier.
``(3) Disability.--The term `disability' has the meaning
given that term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102), including the meaning under that
section as amended by the ADA Amendments of 2008 (Public Law
110-325; 122 Stat. 3553).
``(4) Readily achievable.--The term `readily achievable'
means easily accomplishable and able to be carried out without
much difficulty or expense. In determining whether an action is
readily achievable, factors to be considered include--
``(A) the nature and cost of the action needed; and
``(B) the overall financial resources of the air
carrier.''.
(b) Technical Assistance.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall ensure the
availability and provision of appropriate technical assistance manuals
to individuals and entities with rights or responsibilities under
section 41705 of title 49, United States Code, as amended by subsection
(c).
(c) Clerical Amendment.--The chapter analysis for chapter 417 of
title 49, United States Code, is amended by striking the item relating
to section 41705 and inserting the following:
``41705. Accessibility of air transportation for individuals with
disabilities.''.
SEC. 5. STANDARDS.
(a) Aircraft With New or Amended Type Certificates.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Access Board shall, in
consultation with the Secretary, prescribe regulations setting
forth the minimum standards to ensure that aircraft with type
certificates under part 21 of title 14, Code of Federal
Regulations, issued or amended after the date the regulations
are issued, and related boarding and deplaning equipment, are
accessible, in terms of design for, transportation of, and
communication to, individuals with disabilities, including
individuals who use wheelchairs.
(2) Covered aircraft, equipment, and features.--The
standards issued under paragraph (1) shall address, at a
minimum--
(A) boarding and deplaning equipment, including
ensuring that there is a route accessible for
individuals with disabilities;
(B) seating accommodations;
(C) lavatories;
(D) captioning and audio description of in-flight
entertainment and captioning of any other aural
communication;
(E) individual video displays;
(F) visually accessible announcements;
(G) adequate in-cabin stowage for assistive
devices; and
(H) proper stowage of assistive devices in the
cargo hold to prevent damage.
(b) Aircraft With an Existing Type Certificate.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Access Board shall, in
consultation with the Secretary, prescribe regulations setting
forth minimum standards to ensure that barriers to the access
of individuals with disabilities, including individuals who use
wheelchairs, on aircraft with type certificates issued under
part 21 of title 14, Code of Federal Regulations, before such
date of enactment, are removed to meet basic accessibility
needs of individuals with disabilities to the extent readily
achievable.
(2) Removal of barriers.--The standards issued under
paragraph (1) shall apply at a minimum to stowage of
wheelchairs in the cargo hold, captioning and audio description
of in-flight entertainment and captioning of any other aural
communication, visually accessible announcements, individual
video displays, and improved access to seating and lavatories
in all aircraft.
(c) Airport Facilities.--Not later than one year after the date of
the enactment of this Act, the Access Board shall, in consultation with
the Secretary, issue standards under section 41705 of title 49, United
States Code (commonly known as the ``Air Carrier Access Act''), that
ensure all gates (including counters), ticketing areas, and customer
service desks covered under such section at airports are accessible to
and usable by all individuals with disabilities, including through the
provision of visually accessible announcements and full and equal
access to aural communications.
(d) Websites and Kiosks.--Not later than one year after the date of
the enactment of this Act, the Access Board shall, in consultation with
the Secretary, prescribe regulations setting forth minimum standards to
ensure that individuals with disabilities are able to access kiosks and
websites in a manner that is equally as effective as individuals
without disabilities, with a substantially equivalent ease of use. Such
standards shall be consistent with the standards set forth in the Web
Content Accessibility Guidelines 2.0 Level AA of the Web Accessibility
Initiative of the World Wide Web Consortium or any subsequent version.
(e) Regulations.--Not later than 180 days after the Access Board
issues standards under this section, the Secretary shall prescribe such
regulations as are necessary to implement those standards, including
the requirement to maintain accessible features of aircraft, equipment,
and facilities.
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