II 

115TH CONGRESS 

1ST SESSION S. 1318 

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2017 

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

and Ms. DUCKWORTH) 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 2017’’. 

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 manufactured be2 fore the date of the enactment of the Air Car3 rier Access Amendments Act of 2017, or pur4 chase or lease such an aircraft, unless the air5 craft, to the maximum extent feasible, is made 

6 readily accessible to and usable by individuals 

7 with disabilities, including individuals who use 

8 wheelchairs, in accordance with this section and 

9 upon issuance of regulations prescribed under 

10 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 2017, and remove barriers to 

11 such access in aircraft manufactured before such 

12 date of enactment and used by an air carrier for 

13 transporting individuals, if the removal of such bar14 riers is readily achievable; or 

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

16 removal of a barrier described in subparagraph (A) 

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

18 facilities, privileges, advantages, accommodations, or 

19 other opportunities available through alternative 

20 methods that are readily achievable. 

21 ‘‘(d) COMPLAINTS.— 

22 ‘‘(1) IN GENERAL.—The Secretary of Transpor23 tation shall ensure that individuals with disabilities 

24 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; and 

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. 

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

24 reasonable cause to believe that any air carrier 

25 or group of air carriers is engaged in a pattern 


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1 or practice of discrimination under this section, 

2 or any person or group of persons has been dis3 criminated against under this section and such 

4 discrimination raises an issue of general public 

5 importance, the Secretary shall refer the matter 

6 to the Attorney General. 

7 ‘‘(C) PUBLICATION OF DATA.—The Sec8 retary shall publish disability-related complaint 

9 data in a manner comparable to other aviation 

10 consumer complaint data. 

11 ‘‘(D) REVIEW AND REPORT.—The Sec12 retary shall regularly review all complaints re13 ceived by air carriers alleging discrimination on 

14 the basis of disability and shall report annually 

15 to Congress on the disposition of such com16 plaints. 

17 ‘‘(e) CIVIL ACTION.— 

18 ‘‘(1) AGGRIEVED PERSONS.— 

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

20 by the violation by an air carrier of this section 

21 or a regulation prescribed under this section 

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

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

24 appropriate district court of the United States. 


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

2 in favor of the plaintiff in a civil action brought 

3 under subparagraph (A), the court may award 

4 to the plaintiff equitable and legal relief, includ5 ing compensatory and punitive damages, and 

6 shall, in addition to any such relief, award rea7 sonable attorney’s fees, reasonable expert fees, 

8 and cost of the action to the plaintiff. 

9 ‘‘(C) EXHAUSTION OF ADMINISTRATIVE

10 REMEDIES.—Any person aggrieved by the viola11 tion by an air carrier of this section or a regu12 lation prescribed under this section shall not be 

13 required to exhaust administrative remedies be14 fore bringing a civil action under subparagraph 

15 (A). 

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

17 in this paragraph shall be construed to invali18 date or limit other Federal or State laws afford19 ing to people with disabilities greater legal 

20 rights or protections than those granted by this 

21 section. 

22 ‘‘(2) ENFORCEMENT BY ATTORNEY GEN23 ERAL.— 

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

25 may bring a civil action on behalf of persons 


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1 aggrieved by the violation by an air carrier of 

2 this section or a regulation prescribed under 

3 this section in any appropriate district court of 

4 the United States. 

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

6 action under subparagraph (A), the court 

7 may— 

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

9 court considers to be appropriate; 

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

11 court considers to be appropriate, includ12 ing monetary damages to persons ag13 grieved by the violation by an air carrier of 

14 this section or a regulation prescribed 

15 under this section, when requested by the 

16 Attorney General; and 

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

18 air carrier. 

19 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sub20 chapter shall require an air carrier to permit an individual 

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

22 privileges, advantages, accommodations, or other opportu23 nities if the individual poses a significant risk to the health 

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1 fication of policies, practices, or procedures or by the pro2 vision of auxiliary aids or services. 

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

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

5 means the Architectural and Transportation Bar6 riers Compliance Board. 

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

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

9 a foreign air carrier. 

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

11 meaning given that term in section 3 of the Ameri12 cans with Disabilities Act of 1990 (42 U.S.C. 

13 12102), including the meaning under that section as 

14 amended by the ADA Amendments of 2008 (Public 

15 Law 110–325; 122 Stat. 3553). 

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

17 achievable’ means easily accomplishable and able to 

18 be carried out without much difficulty or expense. In 

19 determining whether an action is readily achievable, 

20 factors to be considered include— 

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

22 needed; and 

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

24 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 in-flight entertainment and 

12 any other aural communication; 

13 (E) individual video displays; 

14 (F) visually accessible announcements; 

15 (G) adequate in-cabin stowage for assistive 

16 devices; and 

17 (H) proper stowage of assistive devices in 

18 the cargo hold to prevent damage. 

19 (b) AIRCRAFT WITH AN EXISTING TYPE CERTIFI20 CATE.— 

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

22 after the date of the enactment of this Act, the Ac23 cess Board shall, in consultation with the Secretary, 

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1 uals with disabilities, including individuals who use 

2 wheelchairs, on aircraft with type certificates issued 

3 under part 21 of title 14, Code of Federal Regula4 tions, before such date of enactment, are removed to 

5 meet basic accessibility needs of individuals with dis6 abilities to the extent readily achievable. 

7 (2) REMOVAL OF BARRIERS.—The standards 

8 issued under paragraph (1) shall apply at a min9 imum to stowage of wheelchairs in the cargo hold, 

10 captioning in-flight entertainment and any other 

11 aural communication, visually accessible announce12 ments, individual video displays, and improved ac13 cess to seating and lavatories in all aircraft. 

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

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

16 Board shall, in consultation with the Secretary, issue or 

17 revise standards that ensure all gates (including counters), 

18 ticketing areas, and customer service desks at airports are 

19 accessible to and usable by all individuals with disabilities, 

20 including through the provision of visually accessible an21 nouncements and full and equal access to aural commu22 nications. 

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

24 year after the date of the enactment of this Act, the Ac25 cess Board shall, in consultation with the Secretary, preVerDate Sep 11 2014 00:50 Jun 14, 2017 Jkt 069000 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1318.IS S1318

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1 scribe regulations setting forth minimum standards to en2 sure that individuals with disabilities are able to access 

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

4 as individuals without disabilities, with a substantially 

5 equivalent ease of use. Such standards shall be consistent 

6 with the standards set forth in the Web Content Accessi7 bility Guidelines 2.0 Level AA of the Web Accessibility Ini8 tiative of the World Wide Web Consortium or any subse9 quent version. 

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

11 the Access Board issues standards under this section, the 

12 Secretary shall prescribe such regulations as are necessary 

13 to implement those standards, including the requirement 

14 to maintain accessible features of aircraft, equipment, and 

15 facilities. 

16 SEC. 6. REGULATIONS. 

17 (a) ACCESSIBILITY OF AIR TRAVEL TO INDIVIDUALS

18 WITH DISABILITIES.— 

19 (1) ASSISTANCE.— 

20 (A) IN GENERAL.—Not later than 180 

21 days after the date of the enactment of this 

22 Act, the Secretary shall prescribe or revise reg23 ulations to ensure that individuals with disabil24 ities who request assistance at any time while 

25 traveling in air transportation receive timely 


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1 and effective assistance at airports and on air2 craft from trained personnel. Such assistance 

3 may be in boarding or deplaning an aircraft, 

4 connecting between flights, or any other similar 

5 or related request. 

6 (B) TRAINING.—The Secretary shall re7 quire air carriers to ensure that personnel, in8 cluding contractors, who may be providing 

9 physical assistance to a passenger with a dis10 ability receive hands-on training on an annual 

11 basis in performing that assistance, including 

12 the use of all equipment. 

13 (2) TICKETING PRACTICES AND SEAT ASSIGN14 MENTS.—Not later than 180 days after the date of 

15 the enactment of this Act, the Secretary shall pre16 scribe or revise regulations— 

17 (A) to ensure that individuals with disabil18 ities receive accommodations, if requested, in 

19 ticketing and pre-flight seat assignments; 

20 (B) to require air carriers to provide pri21 ority access to bulkhead seating to people with 

22 disabilities who need access to the features of 

23 those seats due to a disability regardless of 

24 class of service of ticket purchased; and 


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1 (C) to ensure the right of passengers with 

2 disabilities to stow assistive devices, including 

3 medication and medical supplies, without cost. 

4 (3) SERVICE ANIMALS.—Not later than 180 

5 days after the date of the enactment of this Act, the 

6 Secretary shall issue revised regulations— 

7 (A) eliminating additional documentation 

8 for psychiatric service animals; 

9 (B) protecting the ability of travelers to 

10 use emotional support animals in air transpor11 tation; and 

12 (C) prohibiting air carriers from requesting 

13 medical documentation regarding the need for a 

14 service animal as a standard requirement for 

15 access. 

16 (b) REVIEW AND AMENDMENT.—The Access Board 

17 and the Secretary shall periodically review and, as appro18 priate, amend regulations and standards prescribed under 

19 this section. 

20 SEC. 7. CIVIL PENALTIES. 

21 Section 46301(a) of title 49, United States Code, is 

22 amended by adding at the end the following new para23 graph: 

24 ‘‘(7) PENALTIES RELATING TO HARM TO PAS25 SENGERS WITH DISABILITIES.— 


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1 ‘‘(A) PENALTY FOR BODILY HARM OR DAMAGE

2 TO WHEELCHAIR OR OTHER MOBILITY AID.—The 

3 amount of a civil penalty assessed under this section 

4 for a violation of section 41705 that involves damage 

5 to a passenger’s wheelchair or other mobility aid or 

6 injury to a passenger with a disability may be in7 creased above the otherwise applicable maximum 

8 amount under this section for a violation of section 

9 41705 to an amount not to exceed 3 times the max10 imum penalty otherwise allowed. 

11 ‘‘(B) EACH ACT CONSTITUTES SEPARATE OF12 FENSE.—Notwithstanding paragraph (2), a separate 

13 violation of section 41705 occurs for each act of dis14 crimination prohibited by that section.’’. 

15 SEC. 8. AIRLINE PASSENGERS WITH DISABILITIES BILL OF 

16 RIGHTS. 

17 (a) AIRLINE PASSENGERS WITH DISABILITIES BILL

18 OF RIGHTS.—The Secretary shall develop a document, to 

19 be known as the ‘‘Airline Passengers with Disabilities Bill 

20 of Rights’’, using plain language to describe the basic 

21 rights and responsibilities of air carriers, their employees 

22 and contractors, and people with disabilities under the sec23 tion 41705 of title 49, United States Code, as amended 

24 by section 4. 


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1 (b) CONTENT.—The Airline Passengers with Disabil2 ities Bill of Rights shall include, at a minimum, the fol3 lowing: 

4 (1) The right of passengers with disabilities to 

5 be treated with dignity and respect. 

6 (2) The right of passengers with disabilities to 

7 receive timely assistance, if requested, from properly 

8 trained air carrier and contractor personnel. 

9 (3) The right of passengers with disabilities to 

10 travel with wheelchairs, mobility aids, and other as11 sistive devices, including necessary medications and 

12 medical supplies, including stowage of such wheel13 chairs, aids, and devices. 

14 (4) The right of passengers with disabilities to 

15 receive seating accommodations, if requested, to ac16 commodate a disability. 

17 (5) The right of passengers with disabilities to 

18 receive announcements in an accessible format. 

19 (6) The right of passengers with disabilities to 

20 speak with a complaint resolution officer or to file 

21 a complaint with an air carrier or the Department 

22 of Transportation. 

23 (c) CONSULTATIONS.—In developing the Airline Pas24 sengers with Disabilities Bill of Rights, the Secretary shall 


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1 consult with stakeholders, including disability organiza2 tions and air carriers and their contractors. 

3 (d) DISPLAY.—Each air carrier shall include the Air4 line Passengers with Disabilities Bill of Rights— 

5 (1) on a publicly available Internet website of 

6 the air carrier; and 

7 (2) in any pre-flight notifications or commu8 nications provided to passengers who alert the air 

9 carrier in advance of the need for accommodations 

10 relating to a disability. 

11 (e) TRAINING.—The Secretary shall ensure that em12 ployees of air carriers and their contractors receive train13 ing on the Airline Passengers with Disabilities Bill of 

14 Rights. 

15 SEC. 9. STUDY ON IN-CABIN WHEELCHAIR RESTRAINT SYS16 TEMS. 

17 (a) IN GENERAL.—Not later than 2 years after the 

18 date of the enactment of this Act, the Access Board, in 

19 consultation with the Secretary, shall— 

20 (1) conduct a study to determine the ways in 

21 which individuals with significant disabilities who 

22 use wheelchairs, including power wheelchairs, can be 

23 accommodated on board aircraft through in-cabin 

24 wheelchair restraint systems; 


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1 (2) issue minimum guidelines for such systems; 

2 and 

3 (3) submit to Congress a report on the study. 

4 (b) REGULATIONS.—Not later than 180 days after 

5 completing the study required by subsection (a), the Sec6 retary shall prescribe regulations consistent with the find7 ings of the study and minimum guidelines issued by the 

8 Access Board under subsection (a)(2). 

9 SEC. 10. ADVISORY COMMITTEE ON THE AIR TRAVEL 

10 NEEDS OF PASSENGERS WITH DISABILITIES. 

11 (a) IN GENERAL.—The Secretary shall establish an 

12 advisory committee for the air travel needs of passengers 

13 with disabilities (in this section referred to as the ‘‘advi14 sory committee’’) to advise the Secretary in implementing 

15 section 41705 of title 49, United States Code, as amended 

16 by section 4. 

17 (b) MEMBERSHIP.— 

18 (1) IN GENERAL.—The Secretary shall appoint 

19 the members of the advisory committee as follows: 

20 (A) At least 2 members of the advisory 

21 committee shall be representatives of each of 

22 the following: 

23 (i) Individual passengers with disabil24 ities. 

25 (ii) National disability organizations. 


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1 (B) At least 2 members of the advisory 

2 committee shall be representatives of each of 

3 the following: 

4 (i) Airport operators. 

5 (ii) Air carriers. 

6 (iii) Entities contracted by air carriers 

7 to provide services to individuals with dis8 abilities. 

9 (c) TRAVEL EXPENSES.—Members of the advisory 

10 committee shall serve without pay but shall receive travel 

11 expenses, including per diem in lieu of subsistence, in ac12 cordance with subchapter I of chapter 57 of title 5, United 

13 States Code. 

14 (d) CHAIRPERSON.—The Secretary shall designate, 

15 from among the individuals appointed under subsection 

16 (b)(1)(A), an individual to serve as chairperson of the ad17 visory committee. 

18 (e) DUTIES.—The duties of the advisory committee 

19 shall include— 

20 (1) assessing the disability-related access bar21 riers encountered by air travelers with disabilities; 

22 (2) determining the extent to which the pro23 grams and activities of the Department of Transpor24 tation are addressing those barriers; 


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1 (3) making recommendations to the Secretary 

2 with respect to improving the air travel experience of 

3 passengers with disabilities; and 

4 (4) carrying out activities needed to make the 

5 reports and recommendations required by subsection 

6 (f). 

7 (f) REPORTS.— 

8 (1) IN GENERAL.—Not later than February 1, 

9 2018, and annually thereafter, the advisory com10 mittee shall submit to the Secretary a report on the 

11 needs of passengers with disabilities in air travel. 

12 Each report shall contain— 

13 (A) an assessment of disability-related ac14 cess barriers that were evident in the preceding 

15 year and those that are likely to be an issue 

16 during the 5-year period beginning on the date 

17 of the report; 

18 (B) an evaluation of the extent to which 

19 the programs and activities of the Department 

20 of Transportation are eliminating disability-re21 lated access barriers; 

22 (C) a description of the actions of the advi23 sory committee during the preceding calendar 

24 year; 


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1 (D) a description of activities that the ad2 visory committee proposes to undertake in the 

3 succeeding calendar year; and 

4 (E) any recommendations for legislation, 

5 administrative action, and other action that the 

6 advisory committee considers appropriate. 

7 (2) SUBMISSION TO CONGRESS.—Not later than 

8 60 days after receiving a report under paragraph 

9 (1), the Secretary shall transmit to Congress a copy 

10 of the report along with any comments that the Sec11 retary considers appropriate. 

12 (g) TERMINATION.—Notwithstanding section 14 of 

13 the Federal Advisory Committee Act (5 U.S.C. App. 14), 

14 the advisory committee shall continue in effect until termi15 nated by an Act of Congress. 

Æ 


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