I 
118TH CONGRESS 
1ST SESSION H. R. 1267 
To protect the rights of passengers with disabilities in air transportation, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 28, 2023 
Ms. TITUS (for herself and Mr. COHEN) introduced the following bill; which 
was referred to the Committee on Transportation and Infrastructure 
A BILL 
To protect the rights of passengers with disabilities in air 
transportation, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 2023’’. 
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 codi-
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fied in section 41705 of title 49, United States Code 
(in this section referred to as the ‘‘ACAA’’), prohib-
iting disability-based discrimination in air transpor-
tation. 
(2) Despite the effort, individuals, including 
veterans, with disabilities continue to experience sig-
nificant barriers to and with traveling by air, such 
as— 
(A) damaged assistive devices; 
(B) inaccessible aircraft, lavatories, and 
communication media; 
(C) delayed assistance; 
(D) inappropriate treatment of service ani-
mals; 
(E) inadequate disability awareness and 
sensitivity training; and 
(F) a lack of suitable seating accommoda-
tions. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress 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 
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opportunities available to other citizens of the 
United States; 
(2) aircraft must accommodate individuals with 
disabilities, and air carriers and foreign air carriers 
must acquire and maintain aircraft that meet broad 
accessibility standards; 
(3) the ACAA must be updated to improve ac-
cess to air transportation for individuals with dis-
abilities; 
(4) legislation is necessary to modernize stand-
ards and requirements that will strengthen accessi-
bility in air transportation; 
(5) the Department of Transportation, in direct 
consultation with the Access Board, must promul-
gate regulations to ensure that all passengers with 
disabilities receive— 
(A) 
prompt 
and 
effective 
boarding, 
deplaning, and connections between flights; 
(B) 
accommodations, 
including 
non-
standard accommodations, that safely facilitate 
air travel; and 
(C) better access to airport facilities, in-
cluding the provision of visually and tactilely 
accessible announcements and full and equal ac-
cess to aural communications; 
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(6) legislation is necessary to ensure that indi-
viduals with disabilities have adequate remedies 
available when air carriers and foreign air carriers 
violate the ACAA; and 
(7) 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. DEFINITIONS. 
In this Act: 
(1) ACCESS BOARD.—The term ‘‘Access Board’’ 
means the Architectural and Transportation Bar-
riers Compliance Board. 
(2) AIR CARRIER.—The term ‘‘air carrier’’ has 
the meaning given that term in section 40102 of 
title 49, United States Code. 
(3) DISABILITY.—The term ‘‘disability’’ means, 
with respect to an individual— 
(A) a physical or mental impairment that, 
on a permanent or temporary basis, substan-
tially limits one or more major life activities of 
such individual; 
(B) a record of such an impairment; or 
(C) being regarded as having such an im-
pairment. 
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(4) FOREIGN AIR CARRIER.—The term ‘‘foreign 
air carrier’’ has the meaning given that term in sec-
tion 40102 of title 49, United States Code. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
SEC. 4. IMPROVING ACCESS TO AIR TRANSPORTATION FOR 
INDIVIDUALS WITH DISABILITIES. 
(a) IN GENERAL.—Section 41705 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 41705. Accessibility of air transportation for indi-
viduals with disabilities 
‘‘(a) IN GENERAL.—In providing air transportation, 
an air carrier or foreign air carrier may not discriminate 
against an individual on the basis of a disability, including 
by taking any of the actions prohibited under subsection 
(b) or not taking any of the actions required by subsection 
(c). 
‘‘(b) PROHIBITED ACTIONS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
an air carrier or foreign air carrier may not— 
‘‘(A) directly or through a contractual, li-
censing, or other arrangement, discriminate in 
the full and equal enjoyment (within the mean-
ing of that term under section 302(a) of the 
Americans with Disabilities Act of 1990 (42 
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U.S.C. 12182(a))) of air transportation, includ-
ing the use of standards or criteria or methods 
of administration; 
‘‘(B) deny the opportunity of an individual 
or a class of individuals, on the basis of a dis-
ability or disabilities of the individual or class, 
to participate in or benefit from the goods, 
services, facilities, advantages, accommodations, 
or other opportunities provided by the air car-
rier or foreign air carrier; 
‘‘(C) afford an individual or a class of indi-
viduals, on the basis of a disability or disabil-
ities of the individual or class, with the oppor-
tunity to participate in or benefit from a good, 
service, facility, advantage, accommodation, or 
other opportunity that is not equal to, or is dif-
ferent or separate from a good, service, facility, 
advantage, accommodation, or other oppor-
tunity afforded to other individuals; 
‘‘(D) deny any goods, services, facilities, 
privileges, 
advantages, 
accommodations, 
or 
other opportunities to an individual because of 
the known disability of another individual with 
whom the individual is known to have a rela-
tionship or association; 
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‘‘(E) impose or apply eligibility criteria 
that screen out or have the effect of screening 
out individuals with disabilities or a class of in-
dividuals with disabilities from fully enjoying 
any good, service, facility, privilege, advantage, 
accommodation, or other opportunity provided 
by the air carrier or foreign air carrier, unless 
the air carrier or foreign air carrier can dem-
onstrate that such criteria are necessary for the 
provision of the good, service, facility, privilege, 
advantage, accommodation, or other oppor-
tunity; 
‘‘(F) directly or through a contractual, li-
censing, or other arrangement, use standards or 
criteria or methods of administration that— 
‘‘(i) have the effect of discriminating 
on the basis of disability; or 
‘‘(ii) perpetuate discrimination against 
others who are subject to common adminis-
trative control; or 
‘‘(G) operate an aircraft that does not 
comply with this section and regulations pre-
scribed under this section, unless the aircraft, 
to the maximum extent feasible, is made readily 
accessible to and usable by individuals with dis-
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abilities, including individuals who use wheel-
chairs, in accordance with this section and upon 
issuance of regulations prescribed under this 
section, not later than 7 years after the date of 
enactment of the Air Carrier Access Amend-
ments Act of 2023. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), an air carrier or foreign air carrier 
may provide an individual or a class of individ-
uals, on the basis of a disability or disabilities 
of the individual or class, with a good, service, 
facility, privilege, advantage, accommodation, or 
other opportunity that is different or separate 
from the good, service, facility, privilege, advan-
tage, accommodation, or other opportunity pro-
vided to other individuals if doing so is nec-
essary to— 
‘‘(i) provide the individual or class of 
individuals with a good, service, facility, 
privilege, advantage, accommodation, or 
other opportunity that is as effective as the 
good, service, facility, privilege, advantage, 
accommodation, or other opportunity pro-
vided to other individuals; or 
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‘‘(ii) comply with statutory, regu-
latory, or other requirements related to 
safety and security enforced by the De-
partment of Transportation, the Federal 
Aviation Administration, or applicable for-
eign aviation authorities. 
‘‘(B) ACCEPTANCE.—An individual or a 
class of individuals shall retain the authority to 
decide whether to accept or refuse a good, serv-
ice, facility, privilege, advantage, accommoda-
tion, or other opportunity referred to in sub-
paragraph (A). 
‘‘(C) SELECTION
OF
GOODS, SERVICES, 
AND
OTHER
OPPORTUNITIES
PROVIDED
TO 
OTHERS.—If, in accordance with subparagraph 
(A), an air carrier or foreign air carrier pro-
vides to an individual or a class of individuals 
a good, service, facility, privilege, advantage, ac-
commodation, or other opportunity that is dif-
ferent or separate from the good, service, facil-
ity, privilege, advantage, accommodation, or 
other opportunity provided to other individuals, 
the air carrier or foreign air carrier may not 
deny to an individual with a disability the op-
portunity to participate in the good, service, fa-
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air carrier or foreign air carrier can demonstrate 
that taking such measures would— 
‘‘(A) fundamentally alter the nature of a 
good, service, facility, privilege, advantage, ac-
commodation, or other opportunity being of-
fered; or 
‘‘(B) result in an undue burden to an air 
carrier or foreign air carrier. 
‘‘(d) CONSUMER COMPLAINTS.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that individuals with disabilities traveling in air 
transportation are able to— 
‘‘(A) file complaints with the Department 
of Transportation in response to disability-re-
lated discrimination prohibited under this sec-
tion or regulations prescribed under this sec-
tion; and 
‘‘(B) receive assistance from the Depart-
ment of Transportation through a toll-free hot-
line telephone number, publicly available inter-
net website, or comparable electronic means of 
communication. 
‘‘(2) NOTICE TO PASSENGERS WITH DISABIL-
ITIES.—Each air carrier or foreign air carrier shall 
include on its publicly available internet website, any 
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related mobile device application, and online serv-
ice— 
‘‘(A) the hotline telephone number estab-
lished under section 42302 or the telephone 
number for the Aviation Consumer Protection 
Division of the Department of Transportation 
and the Department’s disability assistance hot-
line telephone number or a comparable elec-
tronic means of communication; 
‘‘(B) a notice that a consumer can file a 
disability-related complaint with the Aviation 
Consumer Protection Division; 
‘‘(C) an active link to the internet website 
of the Aviation Consumer Protection Division 
for a consumer to file a disability-related com-
plaint; and 
‘‘(D) a notice that the consumer can file a 
disability-related complaint with the air carrier 
or foreign air carrier and the process and any 
timelines for filing such a complaint. 
‘‘(3) INVESTIGATION OF COMPLAINTS.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) not later than 120 days after the 
receipt of any complaint of a violation of 
this section or a regulation prescribed 
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under this section, investigate such com-
plaint; 
‘‘(ii) provide, in writing, to the indi-
vidual that filed the complaint and the air 
carrier or foreign air carrier alleged to 
have violated this section or a regulation 
prescribed under this section, the deter-
mination of the Secretary with respect 
to— 
‘‘(I) whether the air carrier or 
foreign air carrier violated this section 
or a regulation prescribed under this 
section; 
‘‘(II) the facts underlying the 
complaint; and 
‘‘(III) any action the Secretary is 
taking in response to the complaint; 
and 
‘‘(iii) assess civil penalties for, at a 
minimum, each of the following violations: 
‘‘(I) Delay of, loss of, or signifi-
cant damage to a wheelchair or scoot-
er. 
‘‘(II) Physical harm to or fatal 
injury of a passenger in the provision 
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of a service related to the require-
ments of this section. 
‘‘(III) Failure to provide proper 
assistance in boarding or deplaning a 
passenger with disabilities when aisle 
chair assistance is required. 
‘‘(IV) Denial of boarding for a 
passenger with disabilities or denial of 
access for a service animal in a man-
ner not in compliance with require-
ments enforced by the Department of 
Transportation, the Federal Aviation 
Administration, or applicable foreign 
aviation authorities. 
‘‘(V) Gross negligence of a pas-
senger with disabilities in air trans-
portation. 
For purposes of section 46301, a separate 
violation occurs under this section for each 
individual act of discrimination prohibited 
by subsections (a) through (c). 
‘‘(B) 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 
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practice of discrimination under this section, or 
any person or group of persons has been dis-
criminated against under this section and such 
discrimination raises an issue of general public 
importance, the Secretary shall, after the as-
sessment of the civil penalty, refer the matter 
to the Attorney General for further action. 
‘‘(C) PUBLICATION
OF
DATA.—The Sec-
retary shall publish disability-related complaint 
data in a manner comparable to other aviation 
consumer complaint data. 
‘‘(D) REVIEW
AND
REPORT.—The Sec-
retary shall regularly review all complaints re-
ceived by air carriers and foreign air carriers 
alleging discrimination on the basis of disability 
and shall report annually to Congress on the 
disposition of such complaints. 
‘‘(e) CIVIL ACTION.— 
‘‘(1) AGGRIEVED PERSONS.— 
‘‘(A) IN GENERAL.—Any person aggrieved 
by an air carrier or foreign air carrier’s viola-
tion of this section or a regulation prescribed 
under this section may, during the 2-year pe-
riod beginning on the date of the violation, 
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bring a civil action in an appropriate district 
court of the United States. 
‘‘(B) AVAILABLE RELIEF.—If a court finds 
in favor of the plaintiff in a civil action brought 
under subparagraph (A), the court may award 
to the plaintiff equitable and legal relief, includ-
ing compensatory and punitive damages, and 
shall, in addition to any such relief, award rea-
sonable attorney’s fees, reasonable expert fees, 
and costs of the action to the plaintiff. 
‘‘(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 admin-
istrative remedies before bringing a civil action 
under subparagraph (A). 
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to invali-
date or limit other Federal or State laws afford-
ing to individuals with disabilities greater legal 
rights or protections than those granted by this 
section. 
‘‘(2) 
ENFORCEMENT
BY
ATTORNEY
GEN-
ERAL.— 
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a significant risk to the health or safety of others that 
cannot be eliminated by a modification to policies, prac-
tices, or procedures or by the provision of auxiliary aids 
or services. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) ACCESS BOARD.—The term ‘Access Board’ 
means the Architectural and Transportation Bar-
riers Compliance Board. 
‘‘(2) AIR CARRIER.—The term ‘air carrier’ has 
the same meaning given that term in section 40102. 
‘‘(3) AIRCRAFT.—The term ‘aircraft’ means a 
transport category airplane designed for operation 
by an air carrier or foreign air carrier type-certifi-
cated under part 21 of title 14, Code of Federal 
Regulations, with a passenger seating capacity of 30 
or more. 
‘‘(4) DISABILITY.—The term ‘disability’ means, 
with respect to an individual— 
‘‘(A) a physical or mental impairment that, 
on a permanent or temporary basis, substan-
tially limits one or more major life activities of 
such individual; 
‘‘(B) a record of such an impairment; or 
‘‘(C) being regarded as having such an im-
pairment. 
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‘‘(5) FOREIGN AIR CARRIER.—The term ‘for-
eign air carrier’ has the meaning given that term in 
section 40102. 
‘‘(6) MOST INTEGRATED SETTING.—The term 
‘most integrated setting’ has the meaning given that 
term in appendix A of part 35 of title 28, Code of 
Federal Regulations. 
‘‘(7) UNDUE BURDEN.—The term ‘undue bur-
den’ has the meaning given that term in section 
36.104 of title 28, Code of Federal Regulations.’’. 
(b) TECHNICAL ASSISTANCE.—Not later than 1 year 
after the date of enactment of this Act, the Secretary shall 
ensure the availability and provision of appropriate tech-
nical assistance manuals to individuals and entities with 
rights or responsibilities under section 41705 of title 49, 
United States Code, as amended by subsection (a). 
(c) CLERICAL AMENDMENT.—The chapter analysis 
for chapter 417 of title 49, United States Code, is amend-
ed by striking the item relating to section 41705 and in-
serting the following: 
‘‘41705. Accessibility of air transportation for individuals with disabilities.’’. 
SEC. 5. STANDARDS. 
(a) AIRCRAFT ACCESS STANDARDS.— 
(1) STANDARDS.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of the enactment of this Act, the 
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Secretary shall, in direct consultation with the 
Access Board, prescribe regulations setting 
forth the minimum standards to ensure that 
aircraft, and related boarding and deplaning 
equipment, are accessible, in terms of design 
for, transportation of, and communication with, 
individuals with disabilities, including individ-
uals who use wheelchairs. 
(B) APPLICATION.—The standards pre-
scribed under subparagraph (A) shall apply to 
existing aircraft operated by air carriers or for-
eign air carriers on the date that is 5 years 
after the regulations prescribed under subpara-
graph (A) become effective. 
(2) COVERED AIRCRAFT, EQUIPMENT, AND FEA-
TURES.—The standards prescribed under paragraph 
(1)(A) shall address, at a minimum— 
(A) boarding and deplaning equipment, in-
cluding ensuring that there is a route accessible 
for individuals to board and deplane the aircraft 
from their personal assistive devices, including 
wheelchairs; 
(B) seating accommodations, which shall 
include 
in-cabin 
wheelchair 
restraints 
(if 
deemed technologically feasible); 
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(C) lavatories; 
(D) captioning and audio description of in- 
flight entertainment and captioning of any 
other aural communication; 
(E) individual video displays; 
(F) visually and tactilely accessible an-
nouncements; 
(G) adequate in-cabin stowage for assistive 
devices; and 
(H) proper stowage of assistive devices in 
the cargo hold to prevent damage, which in-
cludes ensuring that cargo doors and the cargo 
holds allow such devices to be enplaned and 
stowed upright. 
(b) AIRPORT FACILITIES.—Not later than 2 years 
after the date of enactment of this Act, the Secretary 
shall, in direct consultation with the Access Board, pre-
scribe regulations setting forth minimum standards under 
section 41705 of title 49, United States Code (commonly 
known as the ‘‘Air Carrier Access Act’’) (as amended by 
section 4), that ensure all gates (including counters), 
ticketing areas, and customer service desks covered under 
such section at airports are accessible to and usable by 
all individuals with disabilities, including through the pro-
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vision of visually and tactilely accessible announcements 
and full and equal access to aural communications. 
(c) WEBSITES, SOFTWARE APPLICATIONS, AND KI-
OSKS.—Not later than 2 years after the date of enactment 
of this Act, the Secretary shall, in direct consultation with 
the Access Board, prescribe regulations setting forth min-
imum standards to ensure that individuals with disabilities 
are able to access kiosks, software applications, and 
websites in a manner that is equally as effective as individ-
uals without disabilities, with a substantially equivalent 
ease of use. Such standards shall be consistent with the 
standards set forth in the Web Content Accessibility 
Guidelines 2.1 Level AA of the Web Accessibility Initiative 
of the World Wide Web Consortium or any subsequent 
version. 
Æ 
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