[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 545 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 545

     To protect the rights of passengers with disabilities in air 
                transportation, and for other purposes.


_______________________________________________________________________


                   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.

    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.
                                 <all>