II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Air Carrier Access 

5 Amendments Act of 2019’’. 

6 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 


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1 (1) In 1986, President Ronald Reagan signed 

2 the Air Carrier Access Act of 1986 (Public Law 99– 

3 435; 100 Stat. 1080), adding a provision now codi4 fied in section 41705 of title 49, United States Code 

5 (in this section referred to as the ‘‘ACAA’’), prohib6 iting disability-based discrimination in air transpor7 tation. 

8 (2) Despite progress, many individuals with dis9 abilities, including veterans, still encounter signifi10 cant barriers while traveling in air transportation, 

11 such as— 

12 (A) damaged assistive devices; 

13 (B) inaccessible aircraft, lavatories, and 

14 communication media; 

15 (C) delayed assistance; 

16 (D) inequitable treatment of service ani17 mals; 

18 (E) inadequate disability cultural com19 petency; and 

20 (F) a lack of suitable seating accommoda21 tions. 

22 (b) SENSE OF CONGRESS.—The following is the sense 

23 of Congress: 

24 (1) Access for individuals with disabilities in air 

25 transportation must move into the 21st century. 


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1 Otherwise, individuals with disabilities will be left 

2 behind and unable to compete in today’s job market 

3 or enjoy the opportunities available to other citizens 

4 of the United States. 

5 (2) Aircraft must be designed to accommodate 

6 individuals with disabilities and air carriers must ac7 quire aircraft that meet broad accessibility stand8 ards. 

9 (3) The ACAA must be updated to improve ac10 cess to air transportation for individuals with dis11 abilities. Legislation is necessary for the moderniza12 tion of standards and requirements that will 

13 strengthen accessibility in air transportation, includ14 ing the accessibility of aircraft. 

15 (4) The Department of Transportation and the 

16 Architectural and Transportation Barriers Compli17 ance Board (in this section referred to as the ‘‘Ac18 cess Board’’) must promulgate regulations to ensure 

19 that all passengers with disabilities receive— 

20 (A) prompt and effective boarding, 

21 deplaning, and connections between flights; 

22 (B) accommodations, including non23 standard accommodations, that safely facilitate 

24 air travel; and 


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1 (C) better access to airport facilities, in2 cluding the provision of visually accessible an3 nouncements and full and equal access to aural 

4 communications. 

5 (5) Legislation is necessary to ensure that indi6 viduals with disabilities have adequate remedies 

7 available when air carriers violate the ACAA (includ8 ing regulations prescribed under the ACAA). 

9 (6) Unlike other civil rights statutes, the ACAA 

10 does not contain a private right of action, which is 

11 critical to the enforcement of civil rights statutes. 

12 Legislation is necessary to correct this anomaly. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) ACCESS BOARD.—The term ‘‘Access Board’’ 

16 means the Architectural and Transportation Bar17 riers Compliance Board. 

18 (2) AIR CARRIER.—The term ‘‘air carrier’’ 

19 means an air carrier or foreign air carrier (as those 

20 terms are defined in section 40102 of title 49, 

21 United States Code). 

22 (3) DISABILITY.—The term ‘‘disability’’ has the 

23 meaning given that term in section 3 of the Ameri24 cans with Disabilities Act of 1990 (42 U.S.C. 

25 12102), including the meaning under that section as 


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1 amended by the ADA Amendments of 2008 (Public 

2 Law 110–325; 122 Stat. 3553). 

3 (4) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Transportation. 

5 SEC. 4. IMPROVING ACCESS TO AIR TRANSPORTATION FOR 

6 INDIVIDUALS WITH DISABILITIES. 

7 (a) IN GENERAL.—Section 41705 of title 49, United 

8 States Code, is amended to read as follows: 

9 ‘‘§ 41705. Accessibility of air transportation for indi10 viduals with disabilities 

11 ‘‘(a) IN GENERAL.—In providing air transportation, 

12 an air carrier may not discriminate against an individual 

13 on the basis of a disability, including by taking any of 

14 the actions prohibited under subsection (b) or not taking 

15 any of the actions required by subsection (c). 

16 ‘‘(b) PROHIBITED ACTIONS.— 

17 ‘‘(1) IN GENERAL.—An air carrier may not— 

18 ‘‘(A) directly or through a contractual, li19 censing, or other arrangement, discriminate in 

20 the full and equal enjoyment (within the mean21 ing of that term under section 302(a) of the 

22 Americans with Disabilities Act of 1990 (42 

23 U.S.C. 12182(a))) of air transportation; 

24 ‘‘(B) deny the opportunity of an individual 

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1 ability or disabilities of the individual or class, 

2 to participate in or benefit from the goods, 

3 services, facilities, advantages, accommodations, 

4 or other opportunities provided by the air car5 rier; 

6 ‘‘(C) afford an individual or a class of indi7 viduals, on the basis of a disability or disabil8 ities of the individual or class, with the oppor9 tunity to participate in or benefit from a good, 

10 service, facility, advantage, accommodation, or 

11 other opportunity that is not equal to a good, 

12 service, facility, advantage, accommodation, or 

13 other opportunity afforded to other individuals; 

14 ‘‘(D) subject to paragraph (2), provide an 

15 individual or a class of individuals, on the basis 

16 of a disability or disabilities of the individual or 

17 class, with a good, service, facility, privilege, ad18 vantage, accommodation, or other opportunity 

19 that is different or separate from a good, serv20 ice, facility, privilege, advantage, accommoda21 tion, or other opportunity provided to other in22 dividuals; 

23 ‘‘(E) deny any goods, services, facilities, 

24 privileges, advantages, accommodations, or 

25 other opportunities to an individual because of 


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1 the known disability of another individual with 

2 whom the individual is known to have a rela3 tionship or association; 

4 ‘‘(F) impose or apply eligibility criteria 

5 that screen out or have the effect of screening 

6 out individuals with disabilities or a class of in7 dividuals with disabilities from fully enjoying 

8 any good, service, facility, privilege, advantage, 

9 accommodation, or other opportunity provided 

10 by the air carrier, unless the air carrier can 

11 demonstrate that such criteria are necessary for 

12 the provision of the good, service, facility, privi13 lege, advantage, accommodation, or other op14 portunity; 

15 ‘‘(G) directly or through a contractual, li16 censing, or other arrangement, use standards or 

17 criteria or methods of administration— 

18 ‘‘(i) that have the effect of discrimi19 nating on the basis of disability; or 

20 ‘‘(ii) that perpetuate the discrimina21 tion of others who are subject to common 

22 administrative control; 

23 ‘‘(H) purchase or lease an aircraft that 

24 does not comply with this section and regula25 tions prescribed under this section; or 


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1 ‘‘(I) refurbish an aircraft cabin in an air2 craft manufactured before the date of the en3 actment of the Air Carrier Access Amendments 

4 Act of 2019, or purchase or lease such an air5 craft, unless the aircraft, to the maximum ex6 tent feasible, is made readily accessible to and 

7 usable by individuals with disabilities, including 

8 individuals who use wheelchairs, in accordance 

9 with this section and upon issuance of regula10 tions prescribed under this section. 

11 ‘‘(2) EXCEPTION.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), an air carrier may provide an indi14 vidual or a class of individuals, on the basis of 

15 a disability or disabilities of the individual or 

16 class, with a good, service, facility, privilege, ad17 vantage, accommodation, or other opportunity 

18 that is different or separate from the good, 

19 service, facility, privilege, advantage, accommo20 dation, or other opportunity provided to other 

21 individuals if doing so is necessary to provide 

22 the individual or class of individuals with a 

23 good, service, facility, privilege, advantage, ac24 commodation, or other opportunity that is as 

25 effective as the good, service, facility, privilege, 


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1 advantage, accommodation, or other oppor2 tunity provided to other individuals. 

3 ‘‘(B) ACCEPTANCE.—An individual or a 

4 class of individuals shall retain the authority to 

5 decide whether to accept or refuse a good, serv6 ice, facility, privilege, advantage, accommoda7 tion, or other opportunity referred to in sub8 paragraph (A). 

9 ‘‘(C) SELECTION OF GOODS, ETC., PRO10 VIDED TO OTHERS.—If, in accordance with sub11 paragraph (A), an air carrier provides to an in12 dividual or a class of individuals a good, service, 

13 facility, privilege, advantage, accommodation, or 

14 other opportunity that is different or separate 

15 from the good, service, facility, privilege, advan16 tage, accommodation, or other opportunity pro17 vided to other individuals, the air carrier may 

18 not deny to an individual with a disability the 

19 opportunity to participate in the good, service, 

20 facility, privilege, advantage, accommodation, or 

21 other opportunity provided to such other indi22 viduals. 

23 ‘‘(c) REQUIRED ACTIONS.—An air carrier shall— 

24 ‘‘(1) afford goods, services, facilities, privileges, 

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1 ties to an individual with a disability in the most in2 tegrated setting appropriate to the needs of the indi3 vidual; 

4 ‘‘(2) make reasonable modifications in policies, 

5 practices, or procedures, when such modifications 

6 are necessary to afford goods, services, facilities, 

7 privileges, advantages, accommodations, or other op8 portunities to individuals with disabilities, unless the 

9 air carrier can demonstrate that making such modi10 fications would fundamentally alter the nature of the 

11 goods, services, facilities, privileges, advantages, ac12 commodations, or other opportunities; 

13 ‘‘(3) take such measures as may be necessary 

14 to ensure that no individual with a disability is ex15 cluded, denied services, segregated, or otherwise 

16 treated differently from other individuals because of 

17 the absence of auxiliary aids or services, unless the 

18 air carrier can demonstrate that taking such meas19 ures would— 

20 ‘‘(A) fundamentally alter the nature of a 

21 good, service, facility, privilege, advantage, ac22 commodation, or other opportunity being of23 fered; or 

24 ‘‘(B) result in an undue burden to the air 

25 carrier; and 


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1 ‘‘(4)(A) remove architectural barriers to equal 

2 access by individuals with disabilities to goods, serv3 ices, facilities, privileges, advantages, accommoda4 tions, or other opportunities provided by the air car5 rier, and communication barriers to such access that 

6 are structural in nature, in facilities of the air car7 rier (whether owned or leased by the air carrier) 

8 that were constructed before or altered after the 

9 date of the enactment of the Air Carrier Access 

10 Amendments Act of 2019, and remove physical and 

11 communication barriers to such access in aircraft 

12 manufactured before such date of enactment and 

13 used by an air carrier for transporting individuals, 

14 if the removal of such barriers is readily achievable; 

15 or 

16 ‘‘(B) if the air carrier can demonstrate that the 

17 removal of a barrier described in subparagraph (A) 

18 is not readily achievable, make such goods, services, 

19 facilities, privileges, advantages, accommodations, or 

20 other opportunities available through alternative 

21 methods that are readily achievable. 

22 ‘‘(d) COMPLAINTS.— 

23 ‘‘(1) IN GENERAL.—The Secretary of Transpor24 tation shall ensure that individuals with disabilities 

25 traveling in air transportation are able— 


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1 ‘‘(A) to file complaints with the Depart2 ment of Transportation in response to dis3 ability-related discrimination prohibited under 

4 this section or regulations prescribed under this 

5 section; and 

6 ‘‘(B) to receive assistance from the De7 partment through a toll-free hotline telephone 

8 number or comparable electronic means of com9 munication. 

10 ‘‘(2) NOTICE TO PASSENGERS WITH DISABIL11 ITIES.—Each air carrier shall include on its publicly 

12 available Internet website, any related mobile device 

13 application, and online service— 

14 ‘‘(A) the hotline telephone number estab15 lished under section 42302 or the telephone 

16 number for the Aviation Consumer Protection 

17 Division of the Department of Transportation 

18 and the Department’s disability assistance hot19 line telephone number or a comparable elec20 tronic means of communication; 

21 ‘‘(B) notice that a consumer can file a dis22 ability-related complaint with the Aviation Con23 sumer Protection Division; 

24 ‘‘(C) an active link to the Internet website 

25 of the Aviation Consumer Protection Division 


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1 for a consumer to file a disability-related com2 plaint; and 

3 ‘‘(D) notice that the consumer can file a 

4 disability-related complaint with the air carrier 

5 and the process and any timelines for filing 

6 such a complaint. 

7 ‘‘(3) INVESTIGATION OF COMPLAINTS.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall— 

9 ‘‘(i) investigate each complaint of a 

10 violation of this section or a regulation pre11 scribed under this section; 

12 ‘‘(ii) provide, in writing, to the indi13 vidual that filed the complaint and the air 

14 carrier alleged to have violated this section 

15 or a regulation prescribed under this sec16 tion, the determination of the Secretary 

17 with respect to— 

18 ‘‘(I) whether the air carrier vio19 lated this section or a regulation pre20 scribed under this section; and 

21 ‘‘(II) the facts underlying the 

22 complaint; and 

23 ‘‘(iii) take action where a violation is 

24 found to bring the air carrier into compli25 ance. 


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1 ‘‘(B) REFERRAL.—If the Secretary has 

2 reasonable cause to believe that any air carrier 

3 or group of air carriers is engaged in a pattern 

4 or practice of discrimination under this section, 

5 or any person or group of persons has been dis6 criminated against under this section and such 

7 discrimination raises an issue of general public 

8 importance, the Secretary shall refer the matter 

9 to the Attorney General. 

10 ‘‘(C) PUBLICATION OF DATA.—The Sec11 retary shall publish disability-related complaint 

12 data in a manner comparable to other aviation 

13 consumer complaint data. 

14 ‘‘(D) REVIEW AND REPORT.—The Sec15 retary shall regularly review all complaints re16 ceived by air carriers alleging discrimination on 

17 the basis of disability and shall report annually 

18 to Congress on the disposition of such com19 plaints. 

20 ‘‘(e) CIVIL ACTION.— 

21 ‘‘(1) AGGRIEVED PERSONS.— 

22 ‘‘(A) IN GENERAL.—Any person aggrieved 

23 by the violation by an air carrier of this section 

24 or a regulation prescribed under this section 

25 may, during the 2-year period beginning on the 


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1 date of the violation, bring a civil action in an 

2 appropriate district court of the United States. 

3 ‘‘(B) AVAILABLE RELIEF.—If a court finds 

4 in favor of the plaintiff in a civil action brought 

5 under subparagraph (A), the court may award 

6 to the plaintiff equitable and legal relief, includ7 ing compensatory and punitive damages, and 

8 shall, in addition to any such relief, award rea9 sonable attorney’s fees, reasonable expert fees, 

10 and cost of the action to the plaintiff. 

11 ‘‘(C) EXHAUSTION OF ADMINISTRATIVE

12 REMEDIES.—Any person aggrieved by the viola13 tion by an air carrier of this section or a regu14 lation prescribed under this section shall not be 

15 required to exhaust administrative remedies be16 fore bringing a civil action under subparagraph 

17 (A). 

18 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

19 in this paragraph shall be construed to invali20 date or limit other Federal or State laws afford21 ing to people with disabilities greater legal 

22 rights or protections than those granted by this 

23 section. 

24 ‘‘(2) ENFORCEMENT BY ATTORNEY GEN25 ERAL.— 


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1 ‘‘(A) IN GENERAL.—The Attorney General 

2 may bring a civil action on behalf of persons 

3 aggrieved by the violation by an air carrier of 

4 this section or a regulation prescribed under 

5 this section in any appropriate district court of 

6 the United States. 

7 ‘‘(B) AUTHORITY OF COURT.—In a civil 

8 action under subparagraph (A), the court 

9 may— 

10 ‘‘(i) grant any equitable relief that the 

11 court considers to be appropriate; 

12 ‘‘(ii) award such other relief as the 

13 court considers to be appropriate, includ14 ing monetary damages to persons ag15 grieved by the violation by an air carrier of 

16 this section or a regulation prescribed 

17 under this section, when requested by the 

18 Attorney General; and 

19 ‘‘(iii) assess a civil penalty against the 

20 air carrier. 

21 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sub22 chapter shall require an air carrier to permit an individual 

23 to participate in or benefit from goods, services, facilities, 

24 privileges, advantages, accommodations, or other opportu25 nities if the individual poses a significant risk to the health 


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1 or safety of others that cannot be eliminated by a modi2 fication of policies, practices, or procedures or by the pro3 vision of auxiliary aids or services. 

4 ‘‘(g) DEFINITIONS.—In this section: 

5 ‘‘(1) ACCESS BOARD.—The term ‘Access Board’ 

6 means the Architectural and Transportation Bar7 riers Compliance Board. 

8 ‘‘(2) AIR CARRIER.—The term ‘air carrier’ 

9 means an air carrier or, subject to section 40105(b), 

10 a foreign air carrier. 

11 ‘‘(3) DISABILITY.—The term ‘disability’ has the 

12 meaning given that term in section 3 of the Ameri13 cans with Disabilities Act of 1990 (42 U.S.C. 

14 12102), including the meaning under that section as 

15 amended by the ADA Amendments of 2008 (Public 

16 Law 110–325; 122 Stat. 3553). 

17 ‘‘(4) READILY ACHIEVABLE.—The term ‘readily 

18 achievable’ means easily accomplishable and able to 

19 be carried out without much difficulty or expense. In 

20 determining whether an action is readily achievable, 

21 factors to be considered include— 

22 ‘‘(A) the nature and cost of the action 

23 needed; and 

24 ‘‘(B) the overall financial resources of the 

25 air carrier.’’. 


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1 (b) TECHNICAL ASSISTANCE.—Not later than 180 

2 days after the date of the enactment of this Act, the Sec3 retary shall ensure the availability and provision of appro4 priate technical assistance manuals to individuals and en5 tities with rights or responsibilities under section 41705 

6 of title 49, United States Code, as amended by subsection 

7 (c). 

8 (c) CLERICAL AMENDMENT.—The chapter analysis 

9 for chapter 417 of title 49, United States Code, is amend10 ed by striking the item relating to section 41705 and in11 serting the following: 

‘‘41705. Accessibility of air transportation for individuals with disabilities.’’. 

12 SEC. 5. STANDARDS. 

13 (a) AIRCRAFT WITH NEW OR AMENDED TYPE CER14 TIFICATES.— 

15 (1) IN GENERAL.—Not later than 18 months 

16 after the date of the enactment of this Act, the Ac17 cess Board shall, in consultation with the Secretary, 

18 prescribe regulations setting forth the minimum 

19 standards to ensure that aircraft with type certifi20 cates under part 21 of title 14, Code of Federal 

21 Regulations, issued or amended after the date the 

22 regulations are issued, and related boarding and 

23 deplaning equipment, are accessible, in terms of de24 sign for, transportation of, and communication to, 


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1 individuals with disabilities, including individuals 

2 who use wheelchairs. 

3 (2) COVERED AIRCRAFT, EQUIPMENT, AND FEA4 TURES.—The standards issued under paragraph (1) 

5 shall address, at a minimum— 

6 (A) boarding and deplaning equipment, in7 cluding ensuring that there is a route accessible 

8 for individuals with disabilities; 

9 (B) seating accommodations; 

10 (C) lavatories; 

11 (D) captioning and audio description of in12 flight entertainment and captioning of any 

13 other aural communication; 

14 (E) individual video displays; 

15 (F) visually accessible announcements; 

16 (G) adequate in-cabin stowage for assistive 

17 devices; and 

18 (H) proper stowage of assistive devices in 

19 the cargo hold to prevent damage. 

20 (b) AIRCRAFT WITH AN EXISTING TYPE CERTIFI21 CATE.— 

22 (1) IN GENERAL.—Not later than one year 

23 after the date of the enactment of this Act, the Ac24 cess Board shall, in consultation with the Secretary, 

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1 ards to ensure that barriers to the access of individ2 uals with disabilities, including individuals who use 

3 wheelchairs, on aircraft with type certificates issued 

4 under part 21 of title 14, Code of Federal Regula5 tions, before such date of enactment, are removed to 

6 meet basic accessibility needs of individuals with dis7 abilities to the extent readily achievable. 

8 (2) REMOVAL OF BARRIERS.—The standards 

9 issued under paragraph (1) shall apply at a min10 imum to stowage of wheelchairs in the cargo hold, 

11 captioning and audio description of in-flight enter12 tainment and captioning of any other aural commu13 nication, visually accessible announcements, indi14 vidual video displays, and improved access to seating 

15 and lavatories in all aircraft. 

16 (c) AIRPORT FACILITIES.—Not later than one year 

17 after the date of the enactment of this Act, the Access 

18 Board shall, in consultation with the Secretary, issue 

19 standards under section 41705 of title 49, United States 

20 Code (commonly known as the ‘‘Air Carrier Access Act’’), 

21 that ensure all gates (including counters), ticketing areas, 

22 and customer service desks covered under such section at 

23 airports are accessible to and usable by all individuals with 

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1 cessible announcements and full and equal access to aural 

2 communications. 

3 (d) WEBSITES AND KIOSKS.—Not later than one 

4 year after the date of the enactment of this Act, the Ac5 cess Board shall, in consultation with the Secretary, pre6 scribe regulations setting forth minimum standards to en7 sure that individuals with disabilities are able to access 

8 kiosks and websites in a manner that is equally as effective 

9 as individuals without disabilities, with a substantially 

10 equivalent ease of use. Such standards shall be consistent 

11 with the standards set forth in the Web Content Accessi12 bility Guidelines 2.0 Level AA of the Web Accessibility Ini13 tiative of the World Wide Web Consortium or any subse14 quent version. 

15 (e) REGULATIONS.—Not later than 180 days after 

16 the Access Board issues standards under this section, the 

17 Secretary shall prescribe such regulations as are necessary 

18 to implement those standards, including the requirement 

19 to maintain accessible features of aircraft, equipment, and 

20 facilities. 

Æ 


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