H.R. 9373

[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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