Air Carrier Access Amendments Act of 2019

II 116TH CONGRESS 1ST SESSION S. 669 To protect the rights of passengers with disabilities in air transportation, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 6, 2019 Ms. BALDWIN (for herself, Mr. BLUMENTHAL, Ms. DUCKWORTH, Ms. HAS- SAN, Mr. MERKLEY, Mr. MARKEY, and Ms. WARREN) introduced the fol- lowing bill; which was read twice and referred to the Committee on Com- merce, 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 2019’’. 5 SEC. 2. FINDINGS; SENSE OF CONGRESS. 6 (a) FINDINGS.—Congress makes the following find- 7 ings: 8 VerDate Sep 11 2014 18:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S669.IS S669 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 669 IS (1) In 1986, President Ronald Reagan signed 1 the Air Carrier Access Act of 1986 (Public Law 99– 2 435; 100 Stat. 1080), adding a provision now codi- 3 fied in section 41705 of title 49, United States Code 4 (in this section referred to as the ‘‘ACAA’’), prohib- 5 iting disability-based discrimination in air transpor- 6 tation. 7 (2) Despite progress, many individuals with dis- 8 abilities, including veterans, still encounter signifi- 9 cant barriers while traveling in air transportation, 10 such as— 11 (A) damaged assistive devices; 12 (B) inaccessible aircraft, lavatories, and 13 communication media; 14 (C) delayed assistance; 15 (D) inequitable treatment of service ani- 16 mals; 17 (E) inadequate disability cultural com- 18 petency; and 19 (F) a lack of suitable seating accommoda- 20 tions. 21 (b) SENSE OF CONGRESS.—The following is the sense 22 of Congress: 23 (1) Access for individuals with disabilities in air 24 transportation must move into the 21st century. 25 VerDate Sep 11 2014 18:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S669.IS S669 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 669 IS Otherwise, individuals with disabilities will be left 1 behind and unable to compete in today’s job market 2 or enjoy the opportunities available to other citizens 3 of the United States. 4 (2) Aircraft must be designed to accommodate 5 individuals with disabilities and air carriers must ac- 6 quire aircraft that meet broad accessibility stand- 7 ards. 8 (3) The ACAA must be updated to improve ac- 9 cess to air transportation for individuals with dis- 10 abilities. Legislation is necessary for the moderniza- 11 tion of standards and requirements that will 12 strengthen accessibility in air transportation, includ- 13 ing the accessibility of aircraft. 14 (4) The Department of Transportation and the 15 Architectural and Transportation Barriers Compli- 16 ance Board (in this section referred to as the ‘‘Ac- 17 cess Board’’) must promulgate regulations to ensure 18 that all passengers with disabilities receive— 19 (A) prompt and effective boarding, 20 deplaning, and connections between flights; 21 (B) accommodations, including non- 22 standard accommodations, that safely facilitate 23 air travel; and 24 VerDate Sep 11 2014 18:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S669.IS S669 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 669 IS (C) better access to airport facilities, in- 1 cluding the provision of visually accessible an- 2 nouncements and full and equal access to aural 3 communications. 4 (5) Legislation is necessary to ensure that indi- 5 viduals with disabilities have adequate remedies 6 available when air carriers violate the ACAA (includ- 7 ing regulations prescribed under the ACAA). 8 (6) Unlike other civil rights statutes, the ACAA 9 does not contain a private right of action, which is 10 critical to the enforcement of civil rights statutes. 11 Legislation is necessary to correct this anomaly. 12 SEC. 3. DEFINITIONS. 13 In this Act: 14 (1) ACCESS BOARD.—The term ‘‘Access Board’’ 15 means the Architectural and Transportation Bar- 16 riers Compliance Board. 17 (2) AIR CARRIER.—The term ‘‘air carrier’’ 18 means an air carrier or foreign air carrier (as those 19 terms are defined in section 40102 of title 49, 20 United States Code). 21 (3) DISABILITY.—The term ‘‘disability’’ has the 22 meaning given that term in section 3 of the Ameri- 23 cans with Disabilities Act of 1990 (42 U.S.C. 24 12102), including the meaning under that section as 25 VerDate Sep 11 2014 18:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S669.IS S669 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 669 IS amended by the ADA Amendments of 2008 (Public 1 Law 110–325; 122 Stat. 3553). 2 (4) SECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of Transportation. 4 SEC. 4. IMPROVING ACCESS TO AIR TRANSPORTATION FOR 5 INDIVIDUALS WITH DISABILITIES. 6 (a) IN GENERAL.—Section 41705 of title 49, United 7 States Code, is amended to read as follows: 8 ‘‘§ 41705. Accessibility of air transportation for indi- 9 viduals with disabilities 10 ‘‘(a) IN GENERAL.—In providing air transportation, 11 an air carrier may not discriminate against an individual 12 on the basis of a disability, including by taking any of 13 the actions prohibited under subsection (b) or not taking 14 any of the actions required by subsection (c). 15 ‘‘(b) PROHIBITED ACTIONS.— 16 ‘‘(1) IN GENERAL.—An air carrier may not— 17 ‘‘(A) directly or through a contractual, li- 18 censing, or other arrangement, discriminate in 19 the full and equal enjoyment (within the mean- 20 ing of that term under section 302(a) of the 21 Americans with Disabilities Act of 1990 (42 22 U.S.C. 12182(a))) of air transportation; 23 ‘‘(B) deny the opportunity of an individual 24 or a class of individuals, on the basis of a dis- 25 VerDate Sep 11 2014 18:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S669.IS S669 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 669 IS ability or disabilities of the individual or class, 1 to participate in or benefit from the goods, 2 services, facilities, advantages, accommodations, 3 or other opportunities provided by the air car- 4 rier; 5 ‘‘(C) afford an individual or a class of indi- 6 viduals, on the basis of a disability or disabil- 7 ities of the individual or class, with the oppor- 8 tunity to participate in or benefit from a good, 9 service, facility, advantage, accommodation, or 10 other opportunity that is not equal to a good, 11 service, facility, advantage, accommodation, or 12 other opportunity afforded to other individuals; 13 ‘‘(D) subject to paragraph (2), provide an 14 individual or a class of individuals, on the basis 15 of a disability or disabilities of the individual or 16 class, with a good, service, facility, privilege, ad- 17 vantage, accommodation, or other opportunity 18 that is different or separate from a good, serv- 19 ice, facility, privilege, advantage, accommoda- 20 tion, or other opportunity provided to other in- 21 dividuals; 22 ‘‘(E) deny any goods, services, facilities, 23 privileges, advantages, accommodations, or 24 other opportunities to an individual because of 25 VerDate Sep 11 2014 18:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S669.IS S669 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 669 IS the known disability of another individual with 1 whom the individual is known to have a rela- 2 tionship or association; 3 ‘‘(F) impose or apply eligibility criteria 4 that screen out or have the effect of screening 5 out individuals with disabilities or a class of in- 6 dividuals with disabilities from fully enjoying 7 any good, service, facility, privilege, advantage, 8 accommodation, or other opportunity provided 9 by the air carrier, unless the air carrier can 10 demonstrate that such criteria are necessary for 11 the provision of the good, service, facility, privi- 12 lege, advantage, accommodation, or other op- 13 portunity; 14 ‘‘(G) directly or through a contractual, li- 15 censing, or other arrangement, use standards or 16 criteria or methods of administration— 17 ‘‘(i) that have the effect of discrimi- 18 nating on the basis of disability; or 19 ‘‘(ii) that perpetuate the discrimina- 20 tion of others who are subject to common 21 administrative control; 22 ‘‘(H) purchase or lease an aircraft that 23 does not comply with this section and regula- 24 tions prescribed under this section; or 25 VerDate Sep 11 2014 18:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S669.IS S669 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 669 IS ‘‘(I) refurbish an aircraft cabin in an air- 1 craft manufactured before the date of the en- 2 actment of the Air Carrier Access Amendments 3 Act of 2019, or purchase or lease such an air- 4 craft, unless the aircraft, to the maximum ex- 5 tent feasible, is made readily accessible to and 6 usable by individuals with disabilities, including 7 individuals who use wheelchairs, in accordance 8 with this section and upon issuance of regula- 9 tions prescribed under this section. 10 ‘‘(2) EXCEPTION.— 11 ‘‘(A) IN GENERAL.—Subject to subpara- 12 graph (B), an air carrier may provide an indi- 13 vidual or a class of individuals, on the basis of 14 a disability or disabilities of the individual or 15 class, with a good, service, facility, privilege, ad- 16 vantage, accommodation, or other opportunity 17 that is different or separate from the good, 18 service, facility, privilege, advantage, accommo- 19 dation, or other opportunity provided to other 20 individuals if doing so is necessary to provide 21 the individual or class of individuals with a 22 good, service, facility, privilege, advantage, ac- 23 commodation, or other opportunity that is as 24 effective as the good, service, facility, privilege, 25 VerDate Sep 11 2014 18:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S669.IS S669 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 669 IS advantage, accommodation, or other oppor- 1 tunity provided to other individuals. 2 ‘‘(B) ACCEPTANCE.—An individual or a 3 class of individuals shall retain the authority to 4 decide whether to accept or refuse a good, serv- 5 ice, facility, privilege, advantage, accommoda- 6 tion, or other opportunity referred to in sub- 7 paragraph (A). 8 ‘‘(C) SELECTION OF GOODS, ETC., PRO- 9 VIDED TO OTHERS.—If, in accordance with sub- 10 paragraph (A), an air carrier provides to an in- 11 dividual or a class of individuals 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, the air carrier may 17 not deny to an individual with a disability the 18 opportunity to participate in the good, service, 19 facility, privilege, advantage, accommodation, or 20 other opportunity provided to such other indi- 21 viduals. 22 ‘‘(c) REQUIRED ACTIONS.—An air carrier shall— 23 ‘‘(1) afford goods, services, facilities, privileges, 24 advantages, accommodations, and other opportuni- 25 VerDate Sep 11 2014 18:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S669.IS S669 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 669 IS ties to an individual with a disability in the most in- 1 tegrated setting appropriate to the needs of the indi- 2 vidual; 3 ‘‘(2) make reasonable modifications in policies, 4 practices, or procedures, when such modifications 5 are necessary to afford goods, services, facilities, 6 privileges, advantages, accommodations, or other op- 7 portunities to individuals with disabilities, unless the 8 air carrier can demonstrate that making such modi- 9 fications would fundamentally alter the nature of the 10 goods, services, facilities, privileges, advantages, ac- 11 commodations, or other opportunities; 12 ‘‘(3) take such measures as may be necessary 13 to ensure that no individual with a disability is ex- 14 cluded, denied services, segregated, or otherwise 15 treated differently from other individuals because of 16 the absence of auxiliary aids or services, unless the 17 air carrier can demonstrate that taking such meas- 18 ures would— 19 ‘‘(A) fundamentally alter the nature of a 20 good, service, facility, privilege, advantage, ac- 21 commodation, or other opportunity being of- 22 fered; or 23 ‘‘(B) result in an undue burden to the air 24 carrier; and 25 VerDate Sep 11 2014 18:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S669.IS S669 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 669 IS ‘‘(4)(A) remove architectural barriers to equal 1 access by individuals with disabilities to goods, serv- 2 ices, facilities, privileges, advantages, accommoda- 3 tions, or other opportunities provided by the air car- 4 rier, and communication barriers to such access that 5 are structural in nature, in facilities of the air car- 6 rier (whether owned or leased by the air carrier) 7 that were constructed before or altered after the 8 date of the enactment of the Air Carrier Access 9 Amendments Act of 2019, and remove physical and 10 communication barriers to such access in aircraft 11 manufactured before such date of enactment and 12 used by an air carrier for transporting individuals, 13 if the removal of such barriers is readily achievable; 14 or 15 ‘‘(B) if the air carrier can demonstrate that the 16 removal of a barrier described in subparagraph (A) 17 is not readily achievable, make such goods, services, 18 facilities, privileges, advantages, accommodations, or 19 other opportunities available through alternative 20 methods that are readily achievable. 21 ‘‘(d) COMPLAINTS.— 22 ‘‘(1) IN GENERAL.—The Secretary of Transpor- 23 tation shall ensure that individuals with disabilities 24 traveling in air transportation are able— 25 VerDate Sep 11 2014 18:09 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S669.IS S669 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 669 IS ‘‘(A) to file complaints with the Depart- 1 ment of Transportation in response to dis- 2 ability-related discrimination prohibited under 3 this section or regulations prescribed under this 4 section; and 5 ‘‘(B) to receive assistance from the De- 6 partment through a toll-free hotline telephone 7 number or comparable electronic means of com- 8 munication. 9 ‘‘(2) NOTICE TO PASSENGERS WITH DISABIL- 10 ITIES.—Each air carrier shall include on its publicly 11 available Internet website, any related mobile device 12 application, and online service— 13 ‘‘(A) the hotline telephone number estab- 14 lished under secti [Text truncated for display. Full text available on Congress.gov.]