II 118th CONGRESS 1st Session S. 545 IN THE SENATE OF THE UNITED STATES February 28, 2023 Ms. Baldwin (for herself, Ms. Duckworth , Mr. Markey , Mr. Casey , Ms. Hassan , and Mr. Blumenthal ) 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. Short title This Act may be cited as the Air Carrier Access Amendments Act of 2023 . 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) In 1986, President Ronald Reagan signed the Air Carrier Access Act of 1986 ( Public Law 99–435 ; 100 Stat. 1080), adding a provision now codified in section 41705 of title 49, United States Code (in this section referred to as the ACAA ), prohibiting disability-based discrimination in air transportation. (2) Despite the effort, individuals, including veterans, with disabilities continue to experience significant barriers to and with traveling by air, such as— (A) damaged assistive devices; (B) inaccessible aircraft, lavatories, and communication media; (C) delayed assistance; (D) inappropriate treatment of service animals; (E) inadequate disability awareness and sensitivity training; and (F) a lack of suitable seating accommodations. (b) Sense of Congress It is the sense of Congress that— (1) access for individuals with disabilities in air transportation must move into the 21st century, 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 States; (2) aircraft must accommodate individuals with disabilities, and air carriers and foreign air carriers must acquire and maintain aircraft that meet broad accessibility standards; (3) the ACAA must be updated to improve access to air transportation for individuals with disabilities; (4) legislation is necessary to modernize standards and requirements that will strengthen accessibility in air transportation; (5) the Department of Transportation, in direct consultation with the Access Board, must promulgate regulations to ensure that all passengers with disabilities receive— (A) prompt and effective boarding, deplaning, and connections between flights; (B) accommodations, including nonstandard accommodations, that safely facilitate air travel; and (C) better access to airport facilities, including the provision of visually and tactilely accessible announcements and full and equal access to aural communications; (6) legislation is necessary to ensure that individuals with disabilities have adequate remedies available when air carriers and foreign air carriers violate the ACAA; and (7) unlike other civil rights statutes, the ACAA does not contain a private right of action, which is critical to the enforcement of such statutes, and Congress must correct this anomaly. 3. Definitions In this Act: (1) Access Board The term Access Board means the Architectural and Transportation Barriers Compliance Board. (2) Air carrier The term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (3) Disability The term disability means, with respect to an individual— (A) a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. (4) Foreign air carrier The term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code. (5) Secretary The term Secretary means the Secretary of Transportation. 4. Improving access to air transportation for individuals with disabilities (a) In general Section 41705 of title 49, United States Code, is amended to read as follows: 41705. Accessibility of air transportation for individuals with disabilities (a) In general In providing air transportation, an air carrier or foreign air carrier may not discriminate against an individual on the basis of a disability, including by taking any of the actions prohibited under subsection (b) or not taking any of the actions required by subsection (c). (b) Prohibited actions (1) In general Subject to paragraph (2), an air carrier or foreign air carrier may not— (A) directly or through a contractual, licensing, or other arrangement, discriminate in the full and equal enjoyment (within the meaning of that term under section 302(a) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12182(a) )) of air transportation, including the use of standards or criteria or methods of administration; (B) deny the opportunity of an individual or a class of individuals, on the basis of a disability or disabilities of the individual or class, to participate in or benefit from the goods, services, facilities, advantages, accommodations, or other opportunities provided by the air carrier or foreign air carrier; (C) afford an individual or a class of individuals, on the basis of a disability or disabilities of the individual or class, with the opportunity to participate in or benefit from a good, service, facility, advantage, accommodation, or other opportunity that is not equal to, or is different or separate from a good, service, facility, advantage, accommodation, or other opportunity afforded to other individuals; (D) deny any goods, services, facilities, privileges, advantages, accommodations, 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 association; (E) 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 good, service, facility, privilege, advantage, accommodation, or other opportunity provided by the air carrier or foreign air carrier, unless the air carrier or foreign air carrier can demonstrate that such criteria are necessary for the provision of the good, service, facility, privilege, advantage, accommodation, or other opportunity; (F) directly or through a contractual, licensing, or other arrangement, use standards or criteria or methods of administration that— (i) have the effect of discriminating on the basis of disability; or (ii) perpetuate discrimination against others who are subject to common administrative control; or (G) operate an aircraft that does not comply with this section and regulations prescribed under this section, unless the aircraft, to the maximum extent feasible, is made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with this section and upon issuance of regulations prescribed under this section, not later than 7 years after the date of enactment of the Air Carrier Access Amendments Act of 2023 . (2) Exception (A) In general Subject to subparagraph (B), an air carrier or foreign air carrier may provide an individual or a class of individuals, on the basis of a disability or disabilities of the individual or class, with a good, service, facility, privilege, advantage, accommodation, or other opportunity that is different or separate from the good, service, facility, privilege, advantage, accommodation, or other opportunity provided to other individuals if doing so is necessary to— (i) provide the individual or class of individuals with a good, service, facility, privilege, advantage, accommodation, or other opportunity that is as effective as the good, service, facility, privilege, advantage, accommodation, or other opportunity provided to other individuals; or (ii) comply with statutory, regulatory, or other requirements related to safety and security enforced by the Department of Transportation, the Federal Aviation Administration, or applicable foreign aviation authorities. (B) Acceptance An individual or a class of individuals shall retain the authority to decide whether to accept or refuse a good, service, facility, privilege, advantage, accommodation, or other opportunity referred to in subparagraph (A). (C) Selection of goods, services, and other opportunities provided to others If, in accordance with subparagraph (A), an air carrier or foreign air carrier provides to an individual or a class of individuals a good, service, facility, privilege, advantage, accommodation, or other opportunity that is different or separate from the good, service, facility, privilege, advantage, accommodation, or other opportunity provided to other individuals, the air carrier or foreign air carrier may not deny to an individual with a disability the opportunity to participate in the good, service, facility, privilege, advantage, accommodation, or other opportunity provided to such other individuals. (c) Required actions An air carrier or foreign air carrier shall— (1) afford goods, services, facilities, privileges, advantages, accommodations, and other opportunities to an individual with a disability in the most integrated setting appropriate to the needs of the individual; (2) make reasonable modifications to policies, practices, or procedures, when such modifications are necessary to afford goods, services, facilities, privileges, advantages, accommodations, or other opportunities to individuals with disabilities, unless the air carrier or foreign air carrier can demonstrate that making such modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, accommodations, or other opportunities; and (3) take such measures as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently from other individuals because of the absence of auxiliary aids or services, unless the air carrier or foreign air carrier can demonstrate that taking such measures would— (A) fundamentally alter the nature of a good, service, facility, privilege, advantage, accommodation, or other opportunity being offered; or (B) result in an undue burden to an air carrier or foreign air carrier. (d) Consumer complaints (1) In general The Secretary shall ensure that individuals with disabilities traveling in air transportation are able to— (A) file complaints with the Department of Transportation in response to disability-related discrimination prohibited under this section or regulations prescribed under this section; and (B) receive assistance from the Department of Transportation through a toll-free hotline telephone number, publicly available internet website, or comparable electronic means of communication. (2) Notice to passengers with disabilities Each air carrier or foreign air carrier shall include on its publicly available internet website, any related mobile device application, and online service— (A) the hotline telephone number established under section 42302 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 communication; (B) a notice that a consumer can file a disability-related complaint with the Aviation Consumer Protection Division; (C) an active link to the internet website of the Aviation Consumer Protection Division for a consumer to file a disability-related complaint; and (D) 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 complaint. (3) Investigation of complaints (A) In general The Secretary shall— (i) not later than 120 days after the receipt of any complaint of a violation of this section or a regulation prescribed under this section, investigate such complaint; (ii) provide, in writing, 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 section, the determination of the Secretary with respect to— (I) whether the air carrier or foreign air carrier violated this section or a regulation prescribed under this section; (II) the facts underlying the complaint; and (III) any action the Secretary is taking in response to the complaint; and (iii) assess civil penalties for, at a minimum, each of the following violations: (I) Delay of, loss of, or significant damage to a wheelchair or scooter. (II) Physical harm to or fatal injury of a passenger in the provision of a service related to the requirements of this section. (III) Failure to provide proper assistance in boarding or deplaning a passenger with disabilities when aisle chair assistance is required. (IV) 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 Transportation, the Federal Aviation Administration, or applicable foreign aviation authorities. (V) Gross negligence of a passenger with disabilities in air transportation. For purposes of section 46301, a separate violation occurs under this section for each individual act of discrimination prohibited by subsections (a) through (c). (B) 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 section, or any person or group of persons has been discriminated against under this section and such discrimination raises an issue of general public importance, the Secretary shall, after the assessment of the civil penalty, refer the matter to the Attorney General for further action. (C) Publication of data The Secretary shall publish disability-related complaint data in a manner comparable to other aviation consumer complaint data. (D) 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 complaints. (e) Civil action (1) Aggrieved persons (A) 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 may, during the 2-year period beginning on the date of the violation, bring a civil action in an appropriate district court of the United States. (B) Available relief If a court finds in favor of the plaintiff in a civil action brought under subparagraph (A), the court may award to the plaintiff equitable and legal relief, including compensatory and punitive damages, and shall, in addition to any such relief, award reasonable attorney’s fees, reasonable expert fees, and costs of the action to the plaintiff. (C) 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 (A). (D) 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 section. (2) Enforcement by Attorney General (A) 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 States. (B) Authority of court In a civil action under subparagraph (A), the court may— (i) grant any equitable relief that the court considers to be appropriate; (ii) award such other relief as the court considers to be appropriate, 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 section, when requested by the Attorney General; and (iii) assess a civil penalty against the air carrier or foreign air carrier. (f) 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 goods, services, facilities, privileges, advantages, accommodations, 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 policies, practices, or procedures or by the provision of auxiliary aids or services. (g) Definitions In this section: (1) Access board The term Access Board means the Architectural and Transportation Barriers Compliance Board. (2) Air carrier The term air carrier has the same meaning given that term in section 40102. (3) Aircraft The term aircraft means a transport category airplane designed for operation by an air carrier or foreign air carrier type-certificated under part 21 of title 14, Code of Federal Regulations, with a passenger seating capacity of 30 or more. (4) Disability The term disability means, with respect to an individual— (A) a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. (5) Foreign air carrier The term foreign air carrier has the meaning given that term in section 40102. (6) Most integrated setting The term most integrated setting has the meaning given that term in appendix A of part 35 of title 28, Code of Federal Regulations. (7) Undue burden The term undue burden has the meaning given that term in section 36.104 of title 28, Code of Federal Regulations. . (b) Technical assistance Not later than 1 year after the date of enactment of this Act, the Secretary shall ensure the availability and provision of appropriate technical assistance manuals to individuals and entities with rights or responsibilities under section 41705 of title 49, United States Code, as amended by subsection (a). (c) Clerical amendment The chapter analysis for chapter 417 of title 49, United States Code, is amended by striking the item relating to section 41705 and inserting the following: 41705. Accessibility of air transportation for individuals with disabilities. . 5. Standards (a) Aircraft access standards (1) Standards (A) In general Not later than 2 years after the date of the enactment of this Act, the Secretary shall, in direct consultation with the Access Board, prescribe regulations setting forth the minimum standards to ensure that aircraft, and related boarding and deplaning equipment, are accessible, in terms of design for, transportation of, and communication with, individuals with disabilities, including individuals who use wheelchairs. (B) Application The standards prescribed under subparagraph (A) shall apply to existing aircraft operated by air carriers or foreign air carriers on the date that is 5 years after the regulations prescribed under subparagraph (A) become effective. (2) Covered aircraft, equipment, and features The standards prescribed under paragraph (1)(A) shall address, at a minimum— (A) boarding and deplaning equipment, including ensuring that there is a route accessible for individuals to board and deplane the aircraft from their personal assistive devices, including wheelchairs; (B) seating accommodations, which shall include in-cabin wheelchair restraints (if deemed technologically feasible); (C) lavatories; (D) captioning and audio description of in-flight entertainment and captioning of any other aural communication; (E) individual video displays; (F) visually and tactilely accessible announcements; (G) adequate in-cabin stowage for assistive devices; and (H) proper stowage of assistive devices in the cargo hold to prevent damage, which includes ensuring that cargo doors and the cargo holds allow such devices to be enplaned and stowed upright. (b) Airport facilities Not later than 2 years after the date of enactment of this Act, the Secretary shall, in direct consultation with the Access Board, prescribe regulations setting forth minimum standards under section 41705 of title 49, United States Code (commonly known as the Air Carrier Access Act )(as amended by section 4), that ensure all gates (including counters), ticketing areas, and customer service desks covered under such section at airports are accessible to and usable by all individuals with disabilities, including through the provision of visually and tactilely accessible announcements and full and equal access to aural communications. (c) Websites, software applications, and kiosks Not later than 2 years after the date of enactment of this Act, the Secretary shall, in direct consultation with the Access Board, prescribe regulations setting forth minimum standards to ensure that individuals with disabilities are able to access kiosks, software applications, and websites in a manner that is equally as effective as individuals without disabilities, with a substantially equivalent ease of use. Such standards shall be consistent with the standards set forth in the Web Content Accessibility Guidelines 2.1 Level AA of the Web Accessibility Initiative of the World Wide Web Consortium or any subsequent version.