Air Carrier Access Amendments Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9373 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9373

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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2026

 Ms. Titus (for herself, Mr. Cohen, Ms. Brownley, Ms. Norton, and Mr.
   Carson) introduced the following bill; which was referred to the
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air Carrier Access Amendments Act of
2026''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) 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.
            (2) Despite the effort, individuals, including veterans,
        with disabilities continue to experience significant barriers
        to and with traveling by air, such as--
                    (A) damaged assistive devices and physical harm;
                    (B) inaccessible aircraft and communications;
                    (C) inadequate assistance;
                    (D) inappropriate treatment of service animals; and
                    (E) a lack of suitable seating accommodations.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) 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;
            (2) the ACAA must be updated to improve access to air
        transportation for individuals with disabilities;
            (3) legislation is necessary to ensure that individuals
        with disabilities have adequate remedies available when air
        carriers and foreign air carriers violate the ACAA; and
            (4) 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--
            (1) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A) by striking ``and''
                        at the end;
                            (ii) in subparagraph (B)(iii) by striking
                        the period and inserting ``; and''; and
                            (iii) 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.'';
                    (B) by redesignating paragraphs (2) through (4) as
                paragraphs (3) through (5), respectively; and
                    (C) 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.''; and
            (2) 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 a Federal law
                or a law of a State, the District of Columbia, or a
                territory or possession of the United States that
                affords 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.''.
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