II 

117TH CONGRESS 

1ST SESSION S. 642 

To protect the rights of passengers with disabilities in air transportation, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2021 

Ms. BALDWIN (for herself, Mr. CASEY, Mr. BLUMENTHAL, Mr. MARKEY, Mr. 

MERKLEY, Ms. DUCKWORTH, and Ms. HASSAN) 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 2021’’. 

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 the effort, individuals, including 

9 veterans, with disabilities continue to experience sig10 nificant barriers to and with traveling in air trans11 portation, such as— 

12 (A) damaged assistive devices; 

13 (B) inaccessible aircraft, lavatories, and 

14 communication media; 

15 (C) delayed assistance; 

16 (D) treatment of service animals; 

17 (E) inadequate disability cultural com18 petency; and 

19 (F) a lack of suitable seating accommoda20 tions. 

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

22 of Congress: 

23 (1) Access for individuals with disabilities in air 

24 transportation must move into the 21st century. 

25 Otherwise, individuals with disabilities will be left 


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

2 or enjoy the opportunities available to other citizens 

3 of the United States. 

4 (2) Aircraft must be designed to accommodate 

5 individuals with disabilities and air carriers must ac6 quire aircraft that meet broad accessibility stand7 ards. 

8 (3) The ACAA must be updated to improve ac9 cess to air transportation for individuals with dis10 abilities. Legislation is necessary for the moderniza11 tion of standards and requirements that will 

12 strengthen accessibility in air transportation, includ13 ing the accessibility of aircraft. 

14 (4) The Department of Transportation and the 

15 Architectural and Transportation Barriers Compli16 ance Board (in this section referred to as the ‘‘Ac17 cess Board’’) must promulgate regulations to ensure 

18 that all passengers with disabilities receive— 

19 (A) prompt and effective boarding, 

20 deplaning, and connections between flights; 

21 (B) accommodations, including non22 standard accommodations, that safely facilitate 

23 air travel; and 

24 (C) better access to airport facilities, in25 cluding the provision of visually and tactilely 


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1 accessible announcements and full and equal ac2 cess to aural communications. 

3 (5) Legislation is necessary to ensure that indi4 viduals with disabilities have adequate remedies 

5 available when air carriers violate the ACAA (includ6 ing regulations prescribed under the ACAA). 

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

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

9 critical to the enforcement of civil rights statutes. 

10 Legislation is necessary to correct this anomaly. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

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

14 means the Architectural and Transportation Bar15 riers Compliance Board. 

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

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

18 terms are defined in section 40102 of title 49, 

19 United States Code). 

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

21 meaning given that term in section 3 of the Ameri22 cans with Disabilities Act of 1990 (42 U.S.C. 

23 12102), including the meaning under that section as 

24 amended by the ADA Amendments Act of 2008 

25 (Public Law 110–325; 122 Stat. 3553). 


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

2 the Secretary of Transportation. 

3 SEC. 4. IMPROVING ACCESS TO AIR TRANSPORTATION FOR 

4 INDIVIDUALS WITH DISABILITIES. 

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

6 States Code, is amended to read as follows: 

7 ‘‘§ 41705. Accessibility of air transportation for indi8 viduals with disabilities 

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

10 an air carrier may not discriminate against an individual 

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

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

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

14 ‘‘(b) PROHIBITED ACTIONS.— 

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

16 ‘‘(A) directly or through a contractual, li17 censing, or other arrangement, discriminate in 

18 the full and equal enjoyment (within the mean19 ing of that term under section 302(a) of the 

20 Americans with Disabilities Act of 1990 (42 

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

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

23 or a class of individuals, on the basis of a dis24 ability or disabilities of the individual or class, 

25 to participate in or benefit from the goods, 


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1 services, facilities, advantages, accommodations, 

2 or other opportunities provided by the air car3 rier; 

4 ‘‘(C) afford an individual or a class of indi5 viduals, on the basis of a disability or disabil6 ities of the individual or class, with the oppor7 tunity to participate in or benefit from a good, 

8 service, facility, advantage, accommodation, or 

9 other opportunity that is not equal to a good, 

10 service, facility, advantage, accommodation, or 

11 other opportunity afforded to other individuals; 

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

13 individual or a class of individuals, on the basis 

14 of a disability or disabilities of the individual or 

15 class, with a good, service, facility, privilege, ad16 vantage, accommodation, or other opportunity 

17 that is different or separate from a good, serv18 ice, facility, privilege, advantage, accommoda19 tion, or other opportunity provided to other in20 dividuals; 

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

22 privileges, advantages, accommodations, or 

23 other opportunities to an individual because of 

24 the known disability of another individual with 


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1 whom the individual is known to have a rela2 tionship or association; 

3 ‘‘(F) impose or apply eligibility criteria 

4 that screen out or have the effect of screening 

5 out individuals with disabilities or a class of in6 dividuals with disabilities from fully enjoying 

7 any good, service, facility, privilege, advantage, 

8 accommodation, or other opportunity provided 

9 by the air carrier, unless the air carrier can 

10 demonstrate that such criteria are necessary for 

11 the provision of the good, service, facility, privi12 lege, advantage, accommodation, or other op13 portunity; 

14 ‘‘(G) directly or through a contractual, li15 censing, or other arrangement, use standards or 

16 criteria or methods of administration— 

17 ‘‘(i) that have the effect of discrimi18 nating on the basis of disability; or 

19 ‘‘(ii) that perpetuate the discrimina20 tion of others who are subject to common 

21 administrative control; 

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

23 does not comply with this section and regula24 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 2021, 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 2021, 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; 

21 ‘‘(II) the facts underlying the 

22 complaint; and 

23 ‘‘(III) any action the Secretary is 

24 taking in response to the complaint; 

25 and 


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1 ‘‘(iii) assess civil penalties under sec2 tion 46301 for each violation of this sec3 tion (with each individual act of discrimi4 nation prohibited under subsection (a), (b), 

5 or (c) considered a separate violation of 

6 this section). 

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

8 reasonable cause to believe that any air carrier 

9 or group of air carriers is engaged in a pattern 

10 or practice of discrimination under this section, 

11 or any person or group of persons has been dis12 criminated against under this section and such 

13 discrimination raises an issue of general public 

14 importance, the Secretary shall, after the as15 sessment of civil penalties, refer the matter to 

16 the Attorney General for further action. 

17 ‘‘(C) PUBLICATION OF DATA.—The Sec18 retary shall publish disability-related complaint 

19 data in a manner comparable to other aviation 

20 consumer complaint data. 

21 ‘‘(D) REVIEW AND REPORT.—The Sec22 retary shall regularly review all complaints re23 ceived by air carriers alleging discrimination on 

24 the basis of disability and shall report annually 


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1 to Congress on the disposition of such com2 plaints. 

3 ‘‘(e) CIVIL ACTION.— 

4 ‘‘(1) AGGRIEVED PERSONS.— 

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

6 by the violation by an air carrier of this section 

7 or a regulation prescribed under this section 

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

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

10 appropriate district court of the United States. 

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

12 in favor of the plaintiff in a civil action brought 

13 under subparagraph (A), the court may award 

14 to the plaintiff equitable and legal relief, includ15 ing compensatory and punitive damages, and 

16 shall, in addition to any such relief, award rea17 sonable attorney’s fees, reasonable expert fees, 

18 and cost of the action to the plaintiff. 

19 ‘‘(C) EXHAUSTION OF ADMINISTRATIVE

20 REMEDIES.—Any person aggrieved by the viola21 tion by an air carrier of this section or a regu22 lation prescribed under this section shall not be 

23 required to exhaust administrative remedies be24 fore bringing a civil action under subparagraph 

25 (A). 


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

2 in this paragraph shall be construed to invali3 date or limit other Federal or State laws afford4 ing to people with disabilities greater legal 

5 rights or protections than those granted by this 

6 section. 

7 ‘‘(2) ENFORCEMENT BY ATTORNEY GEN8 ERAL.— 

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

10 may bring a civil action on behalf of persons 

11 aggrieved by the violation by an air carrier of 

12 this section or a regulation prescribed under 

13 this section in any appropriate district court of 

14 the United States. 

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

16 action under subparagraph (A), the court 

17 may— 

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

19 court considers to be appropriate; 

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

21 court considers to be appropriate, includ22 ing monetary damages to persons ag23 grieved by the violation by an air carrier of 

24 this section or a regulation prescribed 


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1 under this section, when requested by the 

2 Attorney General; and 

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

4 air carrier. 

5 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sub6 chapter shall require an air carrier to permit an individual 

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

8 privileges, advantages, accommodations, or other opportu9 nities if the individual poses a significant risk to the health 

10 or safety of others that cannot be eliminated by a modi11 fication of policies, practices, or procedures or by the pro12 vision of auxiliary aids or services. 

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

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

15 means the Architectural and Transportation Bar16 riers Compliance Board. 

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

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

19 a foreign air carrier. 

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

21 meaning given that term in section 3 of the Ameri22 cans with Disabilities Act of 1990 (42 U.S.C. 

23 12102), including the meaning under that section as 

24 amended by the ADA Amendments of 2008 (Public 

25 Law 110–325; 122 Stat. 3553). 


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

2 achievable’ means easily accomplishable and able to 

3 be carried out without much difficulty or expense. In 

4 determining whether an action is readily achievable, 

5 factors to be considered include— 

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

7 needed; and 

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

9 air carrier.’’. 

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

11 days after the date of the enactment of this Act, the Sec12 retary shall ensure the availability and provision of appro13 priate technical assistance manuals to individuals and en14 tities with rights or responsibilities under section 41705 

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

16 (c). 

17 (c) CLERICAL AMENDMENT.—The chapter analysis 

18 for chapter 417 of title 49, United States Code, is amend19 ed by striking the item relating to section 41705 and in20 serting the following: 

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

21 SEC. 5. STANDARDS. 

22 (a) AIRCRAFT WITH NEW OR AMENDED TYPE CER23 TIFICATES.— 

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

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1 cess Board shall, in consultation with the Secretary, 

2 prescribe regulations setting forth the minimum 

3 standards to ensure that aircraft with type certifi4 cates under part 21 of title 14, Code of Federal 

5 Regulations, issued or amended after the date the 

6 regulations are issued, and related boarding and 

7 deplaning equipment, are accessible, in terms of de8 sign for, transportation of, and communication to, 

9 individuals with disabilities, including individuals 

10 who use wheelchairs. 

11 (2) COVERED AIRCRAFT, EQUIPMENT, AND FEA12 TURES.—The standards issued under paragraph (1) 

13 shall address, at a minimum— 

14 (A) boarding and deplaning equipment, in15 cluding ensuring that there is a route accessible 

16 for individuals with disabilities; 

17 (B) seating accommodations; 

18 (C) lavatories; 

19 (D) captioning and audio description of in20 flight entertainment and captioning of any 

21 other aural communication; 

22 (E) individual video displays; 

23 (F) visually and tactilely accessible an24 nouncements; 


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1 (G) adequate in-cabin stowage for assistive 

2 devices; and 

3 (H) proper stowage of assistive devices in 

4 the cargo hold to prevent damage. 

5 (b) AIRCRAFT WITH AN EXISTING TYPE CERTIFI6 CATE.— 

7 (1) IN GENERAL.—Not later than 1 year after 

8 the date of the enactment of this Act, the Access 

9 Board shall, in consultation with the Secretary, pre10 scribe regulations setting forth minimum standards 

11 to ensure that barriers to the access of individuals 

12 with disabilities, including individuals who use 

13 wheelchairs, on aircraft with type certificates issued 

14 under part 21 of title 14, Code of Federal Regula15 tions, before such date of enactment, are removed to 

16 meet basic accessibility needs of individuals with dis17 abilities to the extent readily achievable. 

18 (2) REMOVAL OF BARRIERS.—The standards 

19 issued under paragraph (1) shall apply at a min20 imum to stowage of wheelchairs in the cargo hold, 

21 captioning and audio description of in-flight enter22 tainment and captioning of any other aural commu23 nication, visually and tactilely accessible announce24 ments, individual video displays, and improved ac25 cess to seating and lavatories in all aircraft. 


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1 (c) AIRPORT FACILITIES.—Not later than 1 year 

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

3 Board shall, in consultation with the Secretary, issue 

4 standards under section 41705 of title 49, United States 

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

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

7 and customer service desks covered under such section at 

8 airports are accessible to and usable by all individuals with 

9 disabilities, including through the provision of visually and 

10 tactilely accessible announcements and full and equal ac11 cess to aural communications. 

12 (d) WEBSITES AND KIOSKS.—Not later than 1 year 

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

14 Board shall, in consultation with the Secretary, prescribe 

15 regulations setting forth minimum standards to ensure 

16 that individuals with disabilities are able to access kiosks 

17 and websites in a manner that is equally as effective as 

18 individuals without disabilities, with a substantially equiv19 alent ease of use. Such standards shall be consistent with 

20 the standards set forth in the Web Content Accessibility 

21 Guidelines 2.0 Level AA of the Web Accessibility Initiative 

22 of the World Wide Web Consortium or any subsequent 

23 version. 

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

25 the Access Board issues standards under this section, the 


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1 Secretary shall prescribe such regulations as are necessary 

2 to implement those standards, including the requirement 

3 to maintain accessible features of aircraft, equipment, and 

4 facilities. 

Æ 


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