49 U.S.C. § 41705: Discrimination against individuals with disabilities

the individual has a physical or mental impairment that substantially limits one or more major life activities. the individual has a record of such an impairment. the individual is regarded as having such an impairment. For purposes of section 46301, a separate violation occurs under this section for each individual act of discrimination prohibited by subsection (a). 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; and whether the air carrier or foreign air carrier violated this section or a regulation prescribed under this section; the facts underlying the complaint; and any action the Secretary is taking in response to the complaint. The Secretary shall publish disability-related complaint data in a manner comparable to other consumer complaint data. The Secretary shall regularly review all complaints received by air carriers alleging discrimination on the basis of disability and shall report annually to Congress on the results of such review. implement a plan, in consultation with the Department of Justice, the United States Architectural and Transportation Barriers Compliance Board, and the National Council on Disability, to provide technical assistance to air carriers and individuals with disabilities in understanding the rights and responsibilities set forth in this section; and ensure the availability and provision of appropriate technical assistance manuals to individuals and entities with rights or responsibilities under this section. review, and if necessary revise, applicable regulations to ensure that passengers with disabilities who request assistance while traveling in air transportation receive dignified, timely, and effective assistance at airports and on aircraft from trained personnel; and occurs on an annual schedule for all new and continuing personnel charged with providing physical assistance; and includes, as appropriate, instruction by personnel, with hands-on training for employees who physically lift or otherwise physically assist passengers with disabilities, including the use of relevant equipment. The assistance referred to [in] subsection (a)(1) may include requests for assistance in boarding or deplaning an aircraft, requests for assistance in connecting between flights, and other similar or related requests, as appropriate.” to define the term ‘service animal’ for purposes of air transportation; and to develop minimum standards for what is required for service and emotional support animals carried in aircraft cabins. whether to align the definition of ‘service animal’ with the definition of that term in regulations of the Department of Justice implementing the Americans with Disabilities Act of 1990 ( Public Law 101–336 ) [ 42 U.S.C. 12101 et seq.]; whether to require photo identification for a service animal identifying the type of animal, the breed of animal, and the service the animal provides to the passenger; whether to require documentation indicating whether or not a service animal was trained by the owner or an approved training organization; whether to require, from a licensed physician, documentation indicating the mitigating task or tasks a service animal provides to its owner; and whether to allow a passenger to be accompanied by more than 1 service animal; whether to require health and vaccination records for a service animal; and whether to require third-party proof of behavioral training for a service animal; the impact additional requirements on service animals could have on access to air transportation for passengers with disabilities; and if impacts on access to air transportation for passengers with disabilities are found, ways to eliminate or mitigate those impacts. Not later than 18 months after the date of enactment of this Act [ Oct. 5, 2018 ], the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section.” The Secretary of Transportation shall establish an advisory committee on issues related to the air travel needs of passengers with disabilities (referred to in this section as the ‘Advisory Committee’). identify and assess the disability-related access barriers encountered by passengers with disabilities; determine the extent to which the programs and activities of the Department of Transportation are addressing the barriers identified in paragraph (1); recommend consumer protection improvements to the air travel experience of passengers with disabilities; advise the Secretary with regard to the implementation of section 41705 of title 49 , United States Code; and conduct such activities as the Secretary considers necessary to carry out this section. Passengers with disabilities. National disability organizations. Air carriers. Airport operators. Contractor service providers. Aircraft manufacturers. Manufacturers of wheelchairs, including powered wheelchairs, and other mobility aids. National veterans organizations representing disabled veterans. The Secretary of Transportation shall appoint each member of the Advisory Committee. A vacancy in the Advisory Committee shall be filled in the manner in which the original appointment was made. The Secretary of Transportation shall designate, from among the members appointed under subsection (c), an individual to serve as chairperson of the Advisory Committee. Members of the Advisory Committee shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. an assessment of existing disability-related access barriers, and any emerging disability-related access barriers that will likely be an issue in the next 5 calendar years; an evaluation of the extent to which the Department of Transportation’s programs and activities are eliminating disability-related access barriers; a description of the Advisory Committee’s actions; a description of improvements related to the air travel experience of passengers with disabilities; and any recommendations for legislation, administrative action, or other action that the Advisory Committee considers appropriate. Not later than 60 days after the date the Secretary receives the report under paragraph (1), the Secretary shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a copy of the report, including any additional findings or recommendations that the Secretary considers appropriate. The Advisory Committee established under this section shall terminate on September 30, 2028 . The Next Generation Air Transportation System Senior Policy Committee established by the Secretary of Transportation shall terminate on the date of the initial appointment of the members of the Advisory Committee.” variations in training programs between air carriers; instances since 2005 where the Department of Transportation has requested that an air carrier take corrective action following a review of the air carrier’s training programs; and actions taken by air carriers following requests described in paragraph (2). After the date the report is submitted under subsection (a), the Secretary of Transportation, based on the findings of the report, shall develop, make publicly available, and appropriately disseminate to air carriers such best practices as the Secretary considers necessary to improve the reviewed training programs.” provide a peanut-free buffer zone or any other related peanut-restricted area; or restrict the distribution of peanuts,