HouseH.R. 9373119th Congress
Air Carrier Access Amendments Act of 2026
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[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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