,,ii #aafth ,,congress #ast ,session ,s4 #ffi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #f1 #bjai,ms4 ,baldwin 7for herself1 ,mr4 ,blumenthal1 ,ms4 ,duckworth1 ,ms4 ,hassan1 ,mr4 ,merkley1 ,mr4 ,markey1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to protect the rights of passengers with disabilities in air transportation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,air ,carrier ,access ,amendments ,act of #bjai4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress makes the following findings3 7#a7 ,in #aihf1 ,president ,ronald ,reagan signed the ,air ,carrier ,access ,act of #aihf 7,public ,law #ii-dce2 #ajj ,stat4 #ajhj71 adding a provision now codified in section #dagje of title #di1 ,united ,states ,code 7in this section referred to as the ,,acaa71 prohibiting disability-based discrimination in air transportation4 7#b7 ,despite progress1 many individuals with disabilities1 including veterans1 still encounter significant barriers while traveling in air transportation1 such as-- 7,a7 damaged assistive devices2 7,b7 inaccessible aircraft1 lavatories1 and communication media2 7,c7 delayed assistance2 7,d7 inequitable treatment of service animals2 7,e7 inadequate disability cultural competency2 and 7,f7 a lack of suitable seating accommodations4 7b7 ,sense of ,congress ,the following is the sense of ,congress3 7#a7 ,access for individuals with disabilities in air transportation must move into the #bast century4 ,otherwise1 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 ,states4 7#b7 ,aircraft must be designed to accommodate individuals with disabilities and air carriers must acquire aircraft that meet broad accessibility standards4 7#c7 ,the ,,acaa must be updated to improve access to air transportation for individuals with disabilities4 ,legislation is necessary for the modernization of standards and requirements that will strengthen accessibility in air transportation1 including the accessibility of aircraft4 7#d7 ,the ,department of ,transportation and the ,architectural and ,transportation ,barriers ,compliance ,board 7in this section referred to as the ,access ,board7 must promulgate regulations to ensure that all passengers with disabilities receive-- 7,a7 prompt and effective boarding1 deplaning1 and connections between flights2 7,b7 accommodations1 including nonstandard accommodations1 that safely facilitate air travel2 and 7,c7 better access to airport facilities1 including the provision of visually accessible announcements and full and equal access to aural communications4 7#e7 ,legislation is necessary to ensure that individuals with disabilities have adequate remedies available when air carriers violate the ,,acaa 7including regulations prescribed under the ,,acaa74 7#f7 ,unlike other civil rights statutes1 the ,,acaa does not contain a private right of action1 which is critical to the enforcement of civil rights statutes4 ,legislation is necessary to correct this anomaly4 #c4 ,definitions ,in this ,act3 7#a7 ,access ,board ,the term ,access ,board means the ,architectural and ,transportation ,barriers ,compliance ,board4 7#b7 ,air carrier ,the term air carrier means an air carrier or foreign air carrier 7as those terms are defined in section #djajb of title #di1 ,united ,states ,code74 7#c7 ,disability ,the term disability has the meaning given that term in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb71 including the meaning under that section as amended by the ,,ada ,amendments of #bjjh 7,public ,law #aaj-cbe2 #abb ,stat4 #ceec74 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 #d4 ,improving access to air transportation for individuals with disabilities 7a7 ,in general ,section #dagje of title #di1 ,united ,states ,code1 is amended to read as follows3 #dagje4 ,accessibility of air transportation for individuals with disabilities 7a7 ,in general ,in providing air transportation1 an air carrier may not discriminate against an individual on the basis of a disability1 including by taking any of the actions prohibited under subsection 7b7 or not taking any of the actions required by subsection 7c74 7b7 ,prohibited actions 7#a7 ,in general ,an air carrier may not-- 7,a7 directly or through a contractual1 licensing1 or other arrangement1 discriminate in the full and equal enjoyment 7within the meaning of that term under section #cjb7;a7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abahb7;a777 of air transportation2 7,b7 deny the opportunity of an individual or a class of individuals1 on the basis of a disability or disabilities of the individual or class1 to participate in or benefit from the goods1 services1 facilities1 advantages1 accommodations1 or other opportunities provided by the air carrier2 7,c7 afford an individual or a class of individuals1 on the basis of a disability or disabilities of the individual or class1 with the opportunity to participate in or benefit from a good1 service1 facility1 advantage1 accommodation1 or other opportunity that is not equal to a good1 service1 facility1 advantage1 accommodation1 or other opportunity afforded to other individuals2 7,d7 subject to paragraph 7#b71 provide an individual or a class of individuals1 on the basis of a disability or disabilities of the individual or class1 with a good1 service1 facility1 privilege1 advantage1 accommodation1 or other opportunity that is different or separate from a good1 service1 facility1 privilege1 advantage1 accommodation1 or other opportunity provided to other individuals2 7,e7 deny any goods1 services1 facilities1 privileges1 advantages1 accommodations1 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 association2 7,f7 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 good1 service1 facility1 privilege1 advantage1 accommodation1 or other opportunity provided by the air carrier1 unless the air carrier can demonstrate that such criteria are necessary for the provision of the good1 service1 facility1 privilege1 advantage1 accommodation1 or other opportunity2 7,g7 directly or through a contractual1 licensing1 or other arrangement1 use standards or criteria or methods of administration-- 7i7 that have the effect of discriminating on the basis of disability2 or 7ii7 that perpetuate the discrimination of others who are subject to common administrative control2 7,h7 purchase or lease an aircraft that does not comply with this section and regulations prescribed under this section2 or 7,i7 refurbish an aircraft cabin in an aircraft manufactured before the date of the enactment of the ,air ,carrier ,access ,amendments ,act of #bjai1 or purchase or lease such an aircraft1 unless the aircraft1 to the maximum extent feasible1 is made readily accessible to and usable by individuals with disabilities1 including individuals who use wheelchairs1 in accordance with this section and upon issuance of regulations prescribed under this section4 7#b7 ,exception 7,a7 ,in general ,subject to subparagraph 7,b71 an air carrier may provide an individual or a class of individuals1 on the basis of a disability or disabilities of the individual or class1 with a good1 service1 facility1 privilege1 advantage1 accommodation1 or other opportunity that is different or separate from the good1 service1 facility1 privilege1 advantage1 accommodation1 or other opportunity provided to other individuals if doing so is necessary to provide the individual or class of individuals with a good1 service1 facility1 privilege1 advantage1 accommodation1 or other opportunity that is as effective as the good1 service1 facility1 privilege1 advantage1 accommodation1 or other opportunity provided to other individuals4 7,b7 ,acceptance ,an individual or a class of individuals shall retain the authority to decide whether to accept or refuse a good1 service1 facility1 privilege1 advantage1 accommodation1 or other opportunity referred to in subparagraph 7,a74 7,c7 ,selection of goods1 etc41 provided to others ,if1 in accordance with subparagraph 7,a71 an air carrier provides to an individual or a class of individuals a good1 service1 facility1 privilege1 advantage1 accommodation1 or other opportunity that is different or separate from the good1 service1 facility1 privilege1 advantage1 accommodation1 or other opportunity provided to other individuals1 the air carrier may not deny to an individual with a disability the opportunity to participate in the good1 service1 facility1 privilege1 advantage1 accommodation1 or other opportunity provided to such other individuals4 7c7 ,required actions ,an air carrier shall-- 7#a7 afford goods1 services1 facilities1 privileges1 advantages1 accommodations1 and other opportunities to an individual with a disability in the most integrated setting appropriate to the needs of the individual2 7#b7 make reasonable modifications in policies1 practices1 or procedures1 when such modifications are necessary to afford goods1 services1 facilities1 privileges1 advantages1 accommodations1 or other opportunities to individuals with disabilities1 unless the air carrier can demonstrate that making such modifications would fundamentally alter the nature of the goods1 services1 facilities1 privileges1 advantages1 accommodations1 or other opportunities2 7#c7 take such measures as may be necessary to ensure that no individual with a disability is excluded1 denied services1 segregated1 or otherwise treated differently from other individuals because of the absence of auxiliary aids or services1 unless the air carrier can demonstrate that taking such measures would-- 7,a7 fundamentally alter the nature of a good1 service1 facility1 privilege1 advantage1 accommodation1 or other opportunity being offered2 or 7,b7 result in an undue burden to the air carrier2 and 7#d7 7,a7 remove architectural barriers to equal access by individuals with disabilities to goods1 services1 facilities1 privileges1 advantages1 accommodations1 or other opportunities provided by the air carrier1 and communication barriers to such access that are structural in nature1 in facilities of the air carrier 7whether owned or leased by the air carrier7 that were constructed before or altered after the date of the enactment of the ,air ,carrier ,access ,amendments ,act of #bjai1 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 individuals1 if the removal of such barriers is readily achievable2 or 7,b7 if the air carrier can demonstrate that the removal of a barrier described in subparagraph 7,a7 is not readily achievable1 make such goods1 services1 facilities1 privileges1 advantages1 accommodations1 or other opportunities available through alternative methods that are readily achievable4 7d7 ,complaints 7#a7 ,in general ,the ,secretary of ,transportation shall ensure that individuals with disabilities traveling in air transportation are able-- 7,a7 to file complaints with the ,department of ,transportation in response to disability-related discrimination prohibited under this section or regulations prescribed under this section2 and 7,b7 to receive assistance from the ,department through a toll-free hotline telephone number or comparable electronic means of communication4 7#b7 ,notice to passengers with disabilities ,each air carrier shall include on its publicly available ,internet website1 any related mobile device application1 and online service-- 7,a7 the hotline telephone number established under section #dbcjb 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 communication2 7,b7 notice that a consumer can file a disability-related complaint with the ,aviation ,consumer ,protection ,division2 7,c7 an active link to the ,internet website of the ,aviation ,consumer ,protection ,division for a consumer to file a disability-related complaint2 and 7,d7 notice that the consumer can file a disability-related complaint with the air carrier and the process and any timelines for filing such a complaint4 7#c7 ,investigation of complaints 7,a7 ,in general ,the ,secretary shall-- 7i7 investigate each complaint of a violation of this section or a regulation prescribed under this section2 7ii7 provide1 in writing1 to the individual that filed the complaint and the air carrier alleged to have violated this section or a regulation prescribed under this section1 the determination of the ,secretary with respect to-- 7,i7 whether the air carrier violated this section or a regulation prescribed under this section2 and 7,,ii7 the facts underlying the complaint2 and 7iii7 take action where a violation is found to bring the air carrier into compliance4 7,b7 ,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 section1 or any person or group of persons has been discriminated against under this section and such discrimination raises an issue of general public importance1 the ,secretary shall refer the matter to the ,attorney ,general4 7,c7 ,publication of data ,the ,secretary shall publish disability-related complaint data in a manner comparable to other aviation consumer complaint data4 7,d7 ,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 complaints4 7e7 ,civil action 7#a7 ,aggrieved persons 7,a7 ,in general ,any person aggrieved by the violation by an air carrier of this section or a regulation prescribed under this section may1 during the #b-year period beginning on the date of the violation1 bring a civil action in an appropriate district court of the ,united ,states4 7,b7 ,available relief ,if a court finds in favor of the plaintiff in a civil action brought under subparagraph 7,a71 the court may award to the plaintiff equitable and legal relief1 including compensatory and punitive damages1 and shall1 in addition to any such relief1 award reasonable attorney's fees1 reasonable expert fees1 and cost of the action to the plaintiff4 7,c7 ,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 7,a74 7,d7 ,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 section4 7#b7 ,enforcement by ,attorney ,general 7,a7 ,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 ,states4 7,b7 ,authority of court ,in a civil action under subparagraph 7,a71 the court may-- 7i7 grant any equitable relief that the court considers to be appropriate2 7ii7 award such other relief as the court considers to be appropriate1 including monetary damages to persons aggrieved by the violation by an air carrier of this section or a regulation prescribed under this section1 when requested by the ,attorney ,general2 and 7iii7 assess a civil penalty against the air carrier4 7f7 ,rule of construction ,nothing in this subchapter shall require an air carrier to permit an individual to participate in or benefit from goods1 services1 facilities1 privileges1 advantages1 accommodations1 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 policies1 practices1 or procedures or by the provision of auxiliary aids or services4 7g7 ,definitions ,in this section3 7#a7 ,access ,board ,the term ,access ,board means the ,architectural and ,transportation ,barriers ,compliance ,board4 7#b7 ,air carrier ,the term air carrier means an air carrier or1 subject to section #djaje7;b71 a foreign air carrier4 7#c7 ,disability ,the term disability has the meaning given that term in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb71 including the meaning under that section as amended by the ,,ada ,amendments of #bjjh 7,public ,law #aaj-cbe2 #abb ,stat4 #ceec74 7#d7 ,readily achievable ,the term readily achievable means easily accomplishable and able to be carried out without much difficulty or expense4 ,in determining whether an action is readily achievable1 factors to be considered include-- 7,a7 the nature and cost of the action needed2 and 7,b7 the overall financial resources of the air carrier4 4 7b7 ,technical assistance ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall ensure the availability and provision of appropriate technical assistance manuals to individuals and entities with rights or responsibilities under section #dagje of title #di1 ,united ,states ,code1 as amended by subsection 7c74 7c7 ,clerical amendment ,the chapter analysis for chapter #dag of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #dagje and inserting the following3 #dagje4 ,accessibility of air transportation for individuals with disabilities4 4 #e4 ,standards 7a7 ,aircraft with new or amended type certificates 7#a7 ,in general ,not later than #ah months after the date of the enactment of this ,act1 the ,access ,board shall1 in consultation with the ,secretary1 prescribe regulations setting forth the minimum standards to ensure that aircraft with type certificates under part #ba of title #ad1 ,code of ,federal ,regulations1 issued or amended after the date the regulations are issued1 and related boarding and deplaning equipment1 are accessible1 in terms of design for1 transportation of1 and communication to1 individuals with disabilities1 including individuals who use wheelchairs4 7#b7 ,covered aircraft1 equipment1 and features ,the standards issued under paragraph 7#a7 shall address1 at a minimum-- 7,a7 boarding and deplaning equipment1 including ensuring that there is a route accessible for individuals with disabilities2 7,b7 seating accommodations2 7,c7 lavatories2 7,d7 captioning and audio description of in-flight entertainment and captioning of any other aural communication2 7,e7 individual video displays2 7,f7 visually accessible announcements2 7,g7 adequate in-cabin stowage for assistive devices2 and 7,h7 proper stowage of assistive devices in the cargo hold to prevent damage4 7b7 ,aircraft with an existing type certificate 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,access ,board shall1 in consultation with the ,secretary1 prescribe regulations setting forth minimum standards to ensure that barriers to the access of individuals with disabilities1 including individuals who use wheelchairs1 on aircraft with type certificates issued under part #ba of title #ad1 ,code of ,federal ,regulations1 before such date of enactment1 are removed to meet basic accessibility needs of individuals with disabilities to the extent readily achievable4 7#b7 ,removal of barriers ,the standards issued under paragraph 7#a7 shall apply at a minimum to stowage of wheelchairs in the cargo hold1 captioning and audio description of in-flight entertainment and captioning of any other aural communication1 visually accessible announcements1 individual video displays1 and improved access to seating and lavatories in all aircraft4 7c7 ,airport facilities ,not later than one year after the date of the enactment of this ,act1 the ,access ,board shall1 in consultation with the ,secretary1 issue standards under section #dagje of title #di1 ,united ,states ,code 7commonly known as the ,air ,carrier ,access ,act71 that ensure all gates 7including counters71 ticketing areas1 and customer service desks covered under such section at airports are accessible to and usable by all individuals with disabilities1 including through the provision of visually accessible announcements and full and equal access to aural communications4 7d7 ,websites and kiosks ,not later than one year after the date of the enactment of this ,act1 the ,access ,board shall1 in consultation with the ,secretary1 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 disabilities1 with a substantially equivalent ease of use4 ,such standards shall be consistent with the standards set forth in the ,web ,content ,accessibility ,guidelines #b4j ,level ,,aa of the ,web ,accessibility ,initiative of the ,world ,wide ,web ,consortium or any subsequent version4 7e7 ,regulations ,not later than #ahj days after the ,access ,board issues standards under this section1 the ,secretary shall prescribe such regulations as are necessary to implement those standards1 including the requirement to maintain accessible features of aircraft1 equipment1 and facilities4