,,ii #aaith ,,congress #b;d ,session ,s4 #dhbi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ah1 #bjbf,ms4 ,baldwin 7for herself1 ,ms4 ,duckworth1 ,mr4 ,sanders1 ,mr4 ,wyden1 ,mr4 ,welch1 and ,ms4 ,hassan7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to provide for certain remedies for air transportation passengers with disabilities who are discriminated against1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,air ,carrier ,access ,amendments ,act4 #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 devices and physical harm2 7,b7 inaccessible aircraft and communications2 7,c7 inadequate assistance2 7,d7 inappropriate treatment of service animals2 and 7,e7 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 the ,,acaa must be updated to improve access to air transportation for individuals with disabilities2 7#c7 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#d7 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 ,discrimination against individuals with disabilities ,section #dagje of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7 by striking and at the end2 7ii7 in subparagraph 7,b77iii7 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7,c7 assess a civil penalty under section #dfcja for1 at a minimum1 each of the following violations3 7i7 ,delay of1 loss of1 or significant damage to a wheelchair or scooter4 7ii7 ,physical harm to or fatal injury of a passenger in the provision of a service related to the requirements of this section4 7iii7 ,failure to provide proper assistance in boarding or deplaning a passenger with disabilities in a case in which aisle chair assistance is required4 7iv7 ,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 7v7 ,an act of gross negligence with respect to a passenger with disabilities in air transportation4 2 7,b7 by redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#c7 through 7#e71 respectively2 and 7,c7 by inserting after paragraph 7#a7 the following3 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 penalty under section #dfcja1 refer the matter to the ,attorney ,general for further action4 2 and 7#b7 by adding at the end the following3 7d7 ,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 against such air carrier or foreign carrier in an appropriate district court of the ,united ,states for appropriate relief1 including compensatory and punitive damages4 7,b7 ,costs and fees ,a court shall award reasonable attorney's fees1 reasonable expert fees1 and court costs to the prevailing party in any action brought under subparagraph 7,a74 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 preempt other ,federal or ,state laws affording to individuals with disabilities greater legal rights or protections than those granted under 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 against such air carrier or foreign air carrier 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 when requested by the ,attorney ,general1 award such other relief as the court considers to be appropriate1 including damages to individuals described in subparagraph 7,a72 and 7iii7 assess a civil penalty against the air carrier or foreign air carrier4 4