,,ii #aahth ,,congress #ast ,session ,s4 #ede ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bh1 #bjbc,ms4 ,baldwin 7for herself1 ,ms4 ,duckworth1 ,mr4 ,markey1 ,mr4 ,casey1 ,ms4 ,hassan1 and ,mr4 ,blumenthal7 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 #bjbc4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress finds the following3 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 the effort1 individuals1 including veterans1 with disabilities continue to experience significant barriers to and with traveling by air1 such as-- 7,a7 damaged assistive devices2 7,b7 inaccessible aircraft1 lavatories1 and communication media2 7,c7 delayed assistance2 7,d7 inappropriate treatment of service animals2 7,e7 inadequate disability awareness and sensitivity training2 and 7,f7 a lack of suitable seating accommodations4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 access for individuals with disabilities in air transportation must move into the #bast century1 or 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 ,states2 7#b7 aircraft must accommodate individuals with disabilities1 and air carriers and foreign air carriers must acquire and maintain aircraft that meet broad accessibility standards2 7#c7 the ,,acaa must be updated to improve access to air transportation for individuals with disabilities2 7#d7 legislation is necessary to modernize standards and requirements that will strengthen accessibility in air transportation2 7#e7 the ,department of ,transportation1 in direct consultation with the ,access ,board1 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 and tactilely accessible announcements and full and equal access to aural communications2 7#f7 legislation is necessary to ensure that individuals with disabilities have adequate remedies available when air carriers and foreign air carriers violate the ,,acaa2 and 7#g7 unlike other civil rights statutes1 the ,,acaa does not contain a private right of action1 which is critical to the enforcement of such statutes1 and ,congress must 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 has the meaning given that term in section #djajb of title #di1 ,united ,states ,code4 7#c7 ,disability ,the term disability means1 with respect to an individual-- 7,a7 a physical or mental impairment that1 on a permanent or temporary basis1 substantially limits one or more major life activities of such individual2 7,b7 a record of such an impairment2 or 7,c7 being regarded as having such an impairment4 7#d7 ,foreign air carrier ,the term foreign air carrier has the meaning given that term in section #djajb of title #di1 ,united ,states ,code4 7#e7 ,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 or foreign 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 ,subject to paragraph 7#b71 an air carrier or foreign 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 transportation1 including the use of standards or criteria or methods of administration2 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 carrier or foreign 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 to1 or is different or separate from a good1 service1 facility1 advantage1 accommodation1 or other opportunity afforded to other individuals2 7,d7 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,e7 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 carrier or foreign air carrier1 unless the air carrier or foreign air carrier can demonstrate that such criteria are necessary for the provision of the good1 service1 facility1 privilege1 advantage1 accommodation1 or other opportunity2 7,f7 directly or through a contractual1 licensing1 or other arrangement1 use standards or criteria or methods of administration that-- 7i7 have the effect of discriminating on the basis of disability2 or 7ii7 perpetuate discrimination against others who are subject to common administrative control2 or 7,g7 operate an aircraft that does not comply with this section and regulations prescribed under this section1 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 section1 not later than #g years after the date of enactment of the ,air ,carrier ,access ,amendments ,act of #bjbc4 7#b7 ,exception 7,a7 ,in general ,subject to subparagraph 7,b71 an air carrier or foreign 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-- 7i7 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 individuals2 or 7ii7 comply with statutory1 regulatory1 or other requirements related to safety and security enforced by the ,department of ,transportation1 the ,federal ,aviation ,administration1 or applicable foreign aviation authorities4 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 services1 and other opportunities provided to others ,if1 in accordance with subparagraph 7,a71 an air carrier or foreign 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 or foreign 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 or foreign 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 to 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 or foreign air carrier can demonstrate that making such modifications would fundamentally alter the nature of the goods1 services1 facilities1 privileges1 advantages1 accommodations1 or other opportunities2 and 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 or foreign 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 an air carrier or foreign air carrier4 7d7 ,consumer complaints 7#a7 ,in general ,the ,secretary shall ensure that individuals with disabilities traveling in air transportation are able to-- 7,a7 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 receive assistance from the ,department of ,transportation through a toll-free hotline telephone number1 publicly available internet website1 or comparable electronic means of communication4 7#b7 ,notice to passengers with disabilities ,each air carrier or foreign 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 a 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 a notice that the consumer can file a disability-related complaint with the air carrier or foreign 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 not later than #abj days after the receipt of any complaint of a violation of this section or a regulation prescribed under this section1 investigate such complaint2 7ii7 provide1 in writing1 to the individual that filed the complaint and the air carrier or foreign 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 or foreign air carrier violated this section or a regulation prescribed under this section2 7,,ii7 the facts underlying the complaint2 and 7,,iii7 any action the ,secretary is taking in response to the complaint2 and 7iii7 assess civil penalties for1 at a minimum1 each of the following violations3 7,i7 ,delay of1 loss of1 or significant damage to a wheelchair or scooter4 7,,ii7 ,physical harm to or fatal injury of a passenger in the provision of a service related to the requirements of this section4 7,,iii7 ,failure to provide proper assistance in boarding or deplaning a passenger with disabilities when aisle chair assistance is required4 7,,iv7 ,denial of boarding for a passenger with disabilities or denial of access for a service animal in a manner not in compliance with requirements enforced by the ,department of ,transportation1 the ,federal ,aviation ,administration1 or applicable foreign aviation authorities4 7,v7 ,gross negligence of a passenger with disabilities in air transportation4 ,for purposes of section #dfcja1 a separate violation occurs under this section for each individual act of discrimination prohibited by subsections 7a7 through 7c74 7,b7 ,referral ,if the ,secretary has reasonable cause to believe that any air carrier or foreign air carrier or group of air carriers or foreign 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 shall1 after the assessment of the civil penalty1 refer the matter to the ,attorney ,general for further action4 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 and foreign 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 an air carrier or foreign air carrier's violation 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 costs of the action to the plaintiff4 7,c7 ,exhaustion of administrative remedies ,any person aggrieved by an air carrier or foreign air carrier's violation 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 individuals 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 individuals aggrieved by an air carrier or foreign air carrier's violation 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 individuals aggrieved by an air carrier or foreign air carrier's violation 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 carrier or foreign air carrier4 7f7 ,rule of construction ,nothing in this section shall require an air carrier or foreign 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 to 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 has the same meaning given that term in section #djajb4 7#c7 ,aircraft ,the term aircraft means a transport category airplane designed for operation by an air carrier or foreign air carrier type-certificated under part #ba of title #ad1 ,code of ,federal ,regulations1 with a passenger seating capacity of #cj or more4 7#d7 ,disability ,the term disability means1 with respect to an individual-- 7,a7 a physical or mental impairment that1 on a permanent or temporary basis1 substantially limits one or more major life activities of such individual2 7,b7 a record of such an impairment2 or 7,c7 being regarded as having such an impairment4 7#e7 ,foreign air carrier ,the term foreign air carrier has the meaning given that term in section #djajb4 7#f7 ,most integrated setting ,the term most integrated setting has the meaning given that term in appendix ,a of part #ce of title #bh1 ,code of ,federal ,regulations4 7#g7 ,undue burden ,the term undue burden has the meaning given that term in section #cf4ajd of title #bh1 ,code of ,federal ,regulations4 4 7b7 ,technical assistance ,not later than #a year after the date of 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 7a74 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 access standards 7#a7 ,standards 7,a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,secretary shall1 in direct consultation with the ,access ,board1 prescribe regulations setting forth the minimum standards to ensure that aircraft1 and related boarding and deplaning equipment1 are accessible1 in terms of design for1 transportation of1 and communication with1 individuals with disabilities1 including individuals who use wheelchairs4 7,b7 ,application ,the standards prescribed under subparagraph 7,a7 shall apply to existing aircraft operated by air carriers or foreign air carriers on the date that is #e years after the regulations prescribed under subparagraph 7,a7 become effective4 7#b7 ,covered aircraft1 equipment1 and features ,the standards prescribed under paragraph 7#a77;,a7 shall address1 at a minimum-- 7,a7 boarding and deplaning equipment1 including ensuring that there is a route accessible for individuals to board and deplane the aircraft from their personal assistive devices1 including wheelchairs2 7,b7 seating accommodations1 which shall include in-cabin wheelchair restraints 7if deemed technologically feasible72 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 and tactilely 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 damage1 which includes ensuring that cargo doors and the cargo holds allow such devices to be enplaned and stowed upright4 7b7 ,airport facilities ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall1 in direct consultation with the ,access ,board1 prescribe regulations setting forth minimum standards under section #dagje of title #di1 ,united ,states ,code 7commonly known as the ,air ,carrier ,access ,act77as amended by section #d71 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 and tactilely accessible announcements and full and equal access to aural communications4 7c7 ,websites1 software applications1 and kiosks ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall1 in direct consultation with the ,access ,board1 prescribe regulations setting forth minimum standards to ensure that individuals with disabilities are able to access kiosks1 software applications1 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 #b4a ,level ,,aa of the ,web ,accessibility ,initiative of the ,world ,wide ,web ,consortium or any subsequent version4