Section 1 Short title
This Act may be cited as the “Air Carrier Access Amendments Act”.
Air Carrier Access Amendments Act
A BILL
To amend title 49, United States Code, to provide for certain remedies for air transportation passengers with disabilities who are discriminated against, and for other purposes.
Sec. 2 Findings; sense of Congress
Findings— Congress finds the following:
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.
Despite the effort, individuals, including veterans, with disabilities continue to experience significant barriers to and with traveling by air, such as—
damaged assistive devices and physical harm;
inaccessible aircraft and communications;
inadequate assistance;
inappropriate treatment of service animals; and
a lack of suitable seating accommodations.
Sense of Congress— It is the sense of Congress that—
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;
the ACAA must be updated to improve access to air transportation for individuals with disabilities;
legislation is necessary to ensure that individuals with disabilities have adequate remedies available when air carriers and foreign air carriers violate the ACAA; and
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 Discrimination against individuals with disabilities
Section 41705 of title 49, United States Code, is amended—
in subsection (c)—
in paragraph (1)—
in subparagraph (A) by striking “and” at the end;
in subparagraph (B)(iii) by striking the period and inserting “; and”; and
by adding at the end the following:
“(C) assess a civil penalty under section 46301 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 in a case in which 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) An act of gross negligence with respect to a passenger with disabilities in air transportation.”
by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and
by inserting after paragraph (1) the following:
“(2) 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 under section 46301, refer the matter to the Attorney General for further action.”
by adding at the end the following:
“(d) 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 against such air carrier or foreign carrier in an appropriate district court of the United States for appropriate relief, including compensatory and punitive damages.
“(B) Costs and fees—A court shall award reasonable attorney’s fees, reasonable expert fees, and court costs to the prevailing party in any action brought under subparagraph (A).
“(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 preempt other Federal or State laws affording to individuals with disabilities greater legal rights or protections than those granted under 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 against such air carrier or foreign air carrier 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) when requested by the Attorney General, award such other relief as the court considers to be appropriate, including damages to individuals described in subparagraph (A); and
“(iii) assess a civil penalty against the air carrier or foreign air carrier.”