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Senate Bill S.2738: Air carrier passengers with service animals to adhere to a standard of service animal training

Senate Bill S.2738: Air carrier passengers with service animals to adhere to a standard of service animal training

May 3, 2018
Air Carrier Access Act, Americans with Disability Act, Civil Rights

Bill would update the Air Carrier Access Act definition of service animal to the Department of Justice’s definition of service animal applied under the Americans with Disabilities Act, removing “emotional support animals” from planes. 

Individuals making false statements about their pet or emotional support animal being a “service animal” could be sentenced to up to five years in federal prison.

Senate Bill S.2738: Air carrier passengers with service animals to adhere to a standard of service animal training

Source: Congress.gov

Introduced in Senate (04/24/2018)

115th CONGRESS
2d Session
S. 2738

To amend title 49, United States Code, to require air carrier passengers with service animals to adhere to a standard of service animal behavior training.


IN THE SENATE OF THE UNITED STATES
April 24, 2018

Mr. Burr introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation


A BILL

To amend title 49, United States Code, to require air carrier passengers with service animals to adhere to a standard of service animal behavior training.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. STANDARD OF SERVICE ANIMAL BEHAVIOR TRAINING FOR AIR CARRIER PASSENGERS.

Section 41705 of title 49, United States Code, is amended by adding at the end the following:

“(d) Service Animals.—

“(1) DEFINITIONS.—For purposes of this subsection and any regulations or guidance carrying out this subsection—

“(A) the term ‘disability’ has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102), including the meaning under that section as amended by the ADA Amendments of 2008 (Public Law 110–325; 122 Stat. 3553); and

“(B) the term ‘service animal’ has the meaning given that term under sections 36.104 and 36.302 of title 28, Code of Federal Regulations.

“(2) FALSE STATEMENTS.—An individual who knowingly and willfully makes a false statement for the purpose of seeking accommodation involving an animal from an air carrier, including (subject to section 40105(b)) any foreign air carrier, providing air transportation that the animal is a service animal trained to do work or perform tasks for the benefit of an individual with a disability or that the animal’s training meets the standard of service animal behavior training established under paragraph (3), may be punished in accordance with section 1001 of title 18, United States Code.

“(3) STANDARD OF SERVICE ANIMAL BEHAVIOR TRAINING.—The Secretary of Transportation, in consultation with the Attorney General, the Secretary of Veterans Affairs, and representatives of air carriers, including foreign air carriers, and private industry, shall establish a standard of service animal behavior training that an individual with a disability shall adhere to in seeking accommodation involving a service animal from an air carrier, including (subject to section 40105(b)) any foreign air carrier, providing air transportation.”.

Tags: 49 U.S.C. § 41705 Congress North Carolina Senate 2738 Senator Richard Burr
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