[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1267 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1267
To protect the rights of passengers with disabilities in air
transportation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 28, 2023
Ms. Titus (for herself and Mr. Cohen) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To protect the rights of passengers with disabilities in air
transportation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Carrier Access Amendments Act of
2023''.
SEC. 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.
SEC. 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.
SEC. 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:
``Sec. 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.''.
SEC. 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.
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