Federal

Air Carrier Access Amendments Act of 2023

Source: Congress.gov · 4,540 words in original text

What This Bill Does

This bill updates rules for protecting passengers with disabilities when flying on airplanes. It requires airlines to follow new accessibility standards for aircraft, airports, and websites. The bill also creates a way for passengers with disabilities to sue airlines in court if they experience discrimination.

Who It Affects

Air carriers (airlines) and foreign air carriers operating in the United States. Passengers with disabilities who fly. The Secretary of Transportation (the federal official who oversees transportation). The Access Board (a government group that sets accessibility standards). Attorneys General who enforce civil rights laws.

Key Provisions

Airlines cannot discriminate against passengers with disabilities in any way, including by refusing accommodations, denying boarding, or mistreating service animals (Sec. 4(a)). Airlines must make reasonable changes to their policies and practices to help passengers with disabilities, unless doing so would fundamentally change the service or create an undue burden (Sec. 4(c)). Airlines must provide assistive aids or services so passengers with disabilities are not excluded or treated differently, unless doing so would fundamentally change the service or create significant burden (Sec. 4(c)). Within 2 years, the Secretary of Transportation must create new minimum standards for aircraft design, boarding equipment, seating, lavatories, captions, announcements, and storage of wheelchairs and other assistive devices (Sec. 5(a)). Airlines must include complaint hotline numbers and links on their websites so passengers can report disability discrimination (Sec. 4(d)). Passengers with disabilities can file civil lawsuits in federal court against airlines within 2 years of experiencing discrimination and can receive damages and attorney's fees if they win (Sec. 4(e)).

What Changes

Airlines will need to comply with new accessibility standards within defined timeframes. Passengers with disabilities gain the ability to sue airlines directly in court instead of only filing complaints with the government. Airlines must display information about how to file disability complaints on their websites and apps. The Secretary of Transportation must investigate disability complaints within 120 days and publish complaint data. Airlines operating aircraft must make existing planes accessible to passengers with disabilities within 5 years of new standards becoming effective.

Important Definitions

"Disability" means a physical or mental impairment that substantially limits one or more major life activities, either permanently or temporarily. It also includes having a record of such an impairment or being regarded as having one. "Air carrier" means airlines as defined by federal transportation law. "Foreign air carrier" means international airlines as defined by federal transportation law. "Most integrated setting" means the regular environment where services are provided to people without disabilities. "Undue burden" means significant difficulty or expense, as defined in federal accessibility regulations. "Aircraft" means airplanes designed to carry 30 or more passengers and certified for commercial operation.

Effective Date

The Secretary of Transportation must create new aircraft accessibility standards within 2 years of the bill becoming law. Those standards apply to existing aircraft within 5 years after the new regulations take effect. The Secretary must create airport facility and website accessibility standards also within 2 years. The Secretary must provide technical assistance within 1 year. Not specified in bill text for most other provisions.

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Air Carrier Access 4 Amendments Act of 2023’’. 5 SEC. 2. FINDINGS; SENSE OF CONGRESS. 6 (a) FINDINGS.—Congress finds the following: 7 (1) In 1986, President Ronald Reagan signed 8 the Air Carrier Access Act of 1986 (Public Law 99– 9 VerDate Sep 11 2014 01:12 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S545.IS S545 kjohnson on DSK79L0C42PROD with BILLS 2 •S 545 IS 435; 100 Stat. 1080), adding a provision now codi- 1 fied in section 41705 of title 49, United States Code 2 (in this section referred to as the ‘‘ACAA’’), prohib- 3 iting disability-based discrimination in air transpor- 4 tation. 5 (2) Despite the effort, individuals, including 6 veterans, with disabilities continue to experience sig- 7 nificant barriers to and with traveling by air, such 8 as— 9 (A) damaged assistive devices; 10 (B) inaccessible aircraft, lavatories, and 11 communication media; 12 (C) delayed assistance; 13 (D) inappropriate treatment of service ani- 14 mals; 15 (E) inadequate disability awareness and 16 sensitivity training; and 17 (F) a lack of suitable seating accommoda- 18 tions. 19 (b) SENSE OF CONGRESS.—It is the sense of Con- 20 gress that— 21 (1) access for individuals with disabilities in air 22 transportation must move into the 21st century, or 23 individuals with disabilities will be left behind and 24 unable to compete in today’s job market or enjoy the 25 VerDate Sep 11 2014 01:12 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S545.IS S545 kjohnson on DSK79L0C42PROD with BILLS 3 •S 545 IS opportunities available to other citizens of the 1 United States; 2 (2) aircraft must accommodate individuals with 3 disabilities, and air carriers and foreign air carriers 4 must acquire and maintain aircraft that meet broad 5 accessibility standards; 6 (3) the ACAA must be updated to improve ac- 7 cess to air transportation for individuals with dis- 8 abilities; 9 (4) legislation is necessary to modernize stand- 10 ards and requirements that will strengthen accessi- 11 bility in air transportation; 12 (5) the Department of Transportation, in direct 13 consultation with the Access Board, must promul- 14 gate regulations to ensure that all passengers with 15 disabilities receive— 16 (A) prompt and effective boarding, 17 deplaning, and connections between flights; 18 (B) accommodations, including non- 19 standard accommodations, that safely facilitate 20 air travel; and 21 (C) better access to airport facilities, in- 22 cluding the provision of visually and tactilely 23 accessible announcements and full and equal ac- 24 cess to aural communications; 25 VerDate Sep 11 2014 01:12 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S545.IS S545 kjohnson on DSK79L0C42PROD with BILLS 4 •S 545 IS (6) legislation is necessary to ensure that indi- 1 viduals with disabilities have adequate remedies 2 available when air carriers and foreign air carriers 3 violate the ACAA; and 4 (7) unlike other civil rights statutes, the ACAA 5 does not contain a private right of action, which is 6 critical to the enforcement of such statutes, and 7 Congress must correct this anomaly. 8 SEC. 3. DEFINITIONS. 9 In this Act: 10 (1) ACCESS BOARD.—The term ‘‘Access Board’’ 11 means the Architectural and Transportation Bar- 12 riers Compliance Board. 13 (2) AIR CARRIER.—The term ‘‘air carrier’’ has 14 the meaning given that term in section 40102 of 15 title 49, United States Code. 16 (3) DISABILITY.—The term ‘‘disability’’ means, 17 with respect to an individual— 18 (A) a physical or mental impairment that, 19 on a permanent or temporary basis, substan- 20 tially limits one or more major life activities of 21 such individual; 22 (B) a record of such an impairment; or 23 (C) being regarded as having such an im- 24 pairment. 25 VerDate Sep 11 2014 01:12 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S545.IS S545 kjohnson on DSK79L0C42PROD with BILLS 5 •S 545 IS (4) FOREIGN AIR CARRIER.—The term ‘‘foreign 1 air carrier’’ has the meaning given that term in sec- 2 tion 40102 of title 49, United States Code. 3 (5) 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 indi- 10 viduals with disabilities 11 ‘‘(a) IN GENERAL.—In providing air transportation, 12 an air carrier or foreign air carrier may not discriminate 13 against an individual on the basis of a disability, including 14 by taking any of the actions prohibited under subsection 15 (b) or not taking any of the actions required by subsection 16 (c). 17 ‘‘(b) PROHIBITED ACTIONS.— 18 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 19 an air carrier or foreign air carrier may not— 20 ‘‘(A) directly or through a contractual, li- 21 censing, or other arrangement, discriminate in 22 the full and equal enjoyment (within the mean- 23 ing of that term under section 302(a) of the 24 Americans with Disabilities Act of 1990 (42 25 VerDate Sep 11 2014 01:12 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S545.IS S545 kjohnson on DSK79L0C42PROD with BILLS 6 •S 545 IS U.S.C. 12182(a))) of air transportation, includ- 1 ing the use of standards or criteria or methods 2 of administration; 3 ‘‘(B) deny the opportunity of an individual 4 or a class of individuals, on the basis of a dis- 5 ability or disabilities of the individual or class, 6 to participate in or benefit from the goods, 7 services, facilities, advantages, accommodations, 8 or other opportunities provided by the air car- 9 rier or foreign air carrier; 10 ‘‘(C) afford an individual or a class of indi- 11 viduals, on the basis of a disability or disabil- 12 ities of the individual or class, with the oppor- 13 tunity to participate in or benefit from a good, 14 service, facility, advantage, accommodation, or 15 other opportunity that is not equal to, or is dif- 16 ferent or separate from a good, service, facility, 17 advantage, accommodation, or other oppor- 18 tunity afforded to other individuals; 19 ‘‘(D) deny any goods, services, facilities, 20 privileges, advantages, accommodations, or 21 other opportunities to an individual because of 22 the known disability of another individual with 23 whom the individual is known to have a rela- 24 tionship or association; 25 VerDate Sep 11 2014 01:12 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S545.IS S545 kjohnson on DSK79L0C42PROD with BILLS 7 •S 545 IS ‘‘(E) impose or apply eligibility criteria 1 that screen out or have the effect of screening 2 out individuals with disabilities or a class of in- 3 dividuals with disabilities from fully enjoying 4 any good, service, facility, privilege, advantage, 5 accommodation, or other opportunity provided 6 by the air carrier or foreign air carrier, unless 7 the air carrier or foreign air carrier can dem- 8 onstrate that such criteria are necessary for the 9 provision of the good, service, facility, privilege, 10 advantage, accommodation, or other oppor- 11 tunity; 12 ‘‘(F) directly or through a contractual, li- 13 censing, or other arrangement, use standards or 14 criteria or methods of administration that— 15 ‘‘(i) have the effect of discriminating 16 on the basis of disability; or 17 ‘‘(ii) perpetuate discrimination against 18 others who are subject to common adminis- 19 trative control; or 20 ‘‘(G) operate an aircraft that does not 21 comply with this section and regulations pre- 22 scribed under this section, unless the aircraft, 23 to the maximum extent feasible, is made readily 24 accessible to and usable by individuals with dis- 25 VerDate Sep 11 2014 01:12 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S545.IS S545 kjohnson on DSK79L0C42PROD with BILLS 8 •S 545 IS abilities, including individuals who use wheel- 1 chairs, in accordance with this section and upon 2 issuance of regulations prescribed under this 3 section, not later than 7 years after the date of 4 enactment of the Air Carrier Access Amend- 5 ments Act of 2023. 6 ‘‘(2) EXCEPTION.— 7 ‘‘(A) IN GENERAL.—Subject to subpara- 8 graph (B), an air carrier or foreign air carrier 9 may provide an individual or a class of individ- 10 uals, on the basis of a disability or disabilities 11 of the individual or class, with a good, service, 12 facility, privilege, advantage, accommodation, or 13 other opportunity that is different or separate 14 from the good, service, facility, privilege, advan- 15 tage, accommodation, or other opportunity pro- 16 vided to other individuals if doing so is nec- 17 essary to— 18 ‘‘(i) provide the individual or class of 19 individuals with a good, service, facility, 20 privilege, advantage, accommodation, or 21 other opportunity that is as effective as the 22 good, service, facility, privilege, advantage, 23 accommodation, or other opportunity pro- 24 vided to other individuals; or 25 VerDate Sep 11 2014 01:12 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S545.IS S545 kjohnson on DSK79L0C42PROD with BILLS 9 •S 545 IS ‘‘(ii) comply with statutory, regu- 1 latory, or other requirements related to 2 safety and security enforced by the De- 3 partment of Transportation, the Federal 4 Aviation Administration, or applicable for- 5 eign aviation authorities. 6 ‘‘(B) ACCEPTANCE.—An individual or a 7 class of individuals shall retain the authority to 8 decide whether to accept or refuse a good, serv- 9 ice, facility, privilege, advantage, accommoda- 10 tion, or other opportunity referred to in sub- 11 paragraph (A). 12 ‘‘(C) SELECTION OF GOODS, SERVICES, 13 AND OTHER OPPORTUNITIES PROVIDED TO 14 OTHERS.—If, in accordance with subparagraph 15 (A), an air carrier or foreign air carrier pro- 16 vides to an individual or a class of individuals 17 a good, service, facility, privilege, advantage, ac- 18 commodation, or other opportunity that is dif- 19 ferent or separate from the good, service, facil- 20 ity, privilege, advantage, accommodation, or 21 other opportunity provided to other individuals, 22 the air carrier or foreign air carrier may not 23 deny to an individual with a disability the op- 24 portunity to participate in the good, service, fa- 25 VerDate Sep 11 2014 01:12 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S545.IS S545 kjohnson on DSK79L0C42PROD with BILLS 10 •S 545 IS cility, privilege, advantage, accommodation, or 1 other opportunity provided to such other indi- 2 viduals. 3 ‘‘(c) REQUIRED ACTIONS.—An air carrier or foreign 4 air carrier shall— 5 ‘‘(1) afford goods, services, facilities, privileges, 6 advantages, accommodations, and other opportuni- 7 ties to an individual with a disability in the most in- 8 tegrated setting appropriate to the needs of the indi- 9 vidual; 10 ‘‘(2) make reasonable modifications to policies, 11 practices, or procedures, when such modifications 12 are necessary to afford goods, services, facilities, 13 privileges, advantages, accommodations, or other op- 14 portunities to individuals with disabilities, unless the 15 air carrier or foreign air carrier can demonstrate 16 that making such modifications would fundamentally 17 alter the nature of the goods, services, facilities, 18 privileges, advantages, accommodations, or other op- 19 portunities; and 20 ‘‘(3) take such measures as may be necessary 21 to ensure that no individual with a disability is ex- 22 cluded, denied services, segregated, or otherwise 23 treated differently from other individuals because of 24 the absence of auxiliary aids or services, unless the 25 VerDate Sep 11 2014 01:12 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S545.IS S545 kjohnson on DSK79L0C42PROD with BILLS 11 •S 545 IS air carrier or foreign air carrier can demonstrate 1 that taking such measures would— 2 ‘‘(A) fundamentally alter the nature of a 3 good, service, facility, privilege, advantage, ac- 4 commodation, or other opportunity being of- 5 fered; or 6 ‘‘(B) result in an undue burden to an air 7 carrier or foreign air carrier. 8 ‘‘(d) CONSUMER COMPLAINTS.— 9 ‘‘(1) IN GENERAL.—The Secretary shall ensure 10 that individuals with disabilities traveling in air 11 transportation are able to— 12 ‘‘(A) file complaints with the Department 13 of Transportation in response to disability-re- 14 lated discrimination prohibited under this sec- 15 tion or regulations prescribed under this sec- 16 tion; and 17 ‘‘(B) receive assistance from the Depart- 18 ment of Transportation through a toll-free hot- 19 line telephone number, publicly available inter- 20 net website, or comparable electronic means of 21 communication. 22 ‘‘(2) NOTICE TO PASSENGERS WITH DISABIL- 23 ITIES.—Each air carrier or foreign air carrier shall 24 include on its publicly available internet website, any 25 VerDate Sep 11 2014 01:12 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S545.IS S545 kjohnson on DSK79L0C42PROD with BILLS 12 •S 545 IS related mobile device application, and online serv- 1 ice— 2 ‘‘(A) the hotline telephone number estab- 3 lished under section 42302 or the telephone 4 number for the Aviation Consumer Protection 5 Division of the Department of Transportation 6 and the Department’s disability assistance hot- 7 line telephone number or a comparable elec- 8 tronic means of communication; 9 ‘‘(B) a notice that a consumer can file a 10 disability-related complaint with the Aviation 11 Consumer Protection Division; 12 ‘‘(C) an active link to the internet website 13 of the Aviation Consumer Protection Division 14 for a consumer to file a disability-related com- 15 plaint; and 16 ‘‘(D) a notice that the consumer can file a 17 disability-related complaint with the air carrier 18 or foreign air carrier and the process and any 19 timelines for filing such a complaint. 20 ‘‘(3) INVESTIGATION OF COMPLAINTS.— 21 ‘‘(A) IN GENERAL.—The Sec [Text truncated for display. Full text available on Congress.gov.]

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.