I 
116TH CONGRESS 
1ST SESSION H. R. 1549 
To protect the rights of passengers with disabilities in air transportation, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 6, 2019 
Mr. LANGEVIN (for himself, Ms. TITUS, and Mr. COHEN) introduced the fol-
lowing 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 2019’’. 
SEC. 2. FINDINGS; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) In 1986, President Ronald Reagan signed 
the Air Carrier Access Act of 1986 (Public Law 99– 
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435; 100 Stat. 1080), adding a provision now codi-
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 progress, many individuals with dis-
abilities, including veterans, still encounter signifi-
cant barriers while traveling in air transportation, 
such as— 
(A) damaged assistive devices; 
(B) inaccessible aircraft, lavatories, and 
communication media; 
(C) delayed assistance; 
(D) inequitable treatment of service ani-
mals; 
(E) inadequate disability cultural com-
petency; and 
(F) a lack of suitable seating accommoda-
tions. 
(b) SENSE OF CONGRESS.—The following is the sense 
of Congress: 
(1) Access for individuals with disabilities in air 
transportation must move into the 21st century. 
Otherwise, individuals with disabilities will be left 
behind and unable to compete in today’s job market 
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or enjoy the opportunities available to other citizens 
of the United States. 
(2) Aircraft must be designed to accommodate 
individuals with disabilities and air carriers must ac-
quire aircraft that meet broad accessibility stand-
ards. 
(3) The ACAA must be updated to improve ac-
cess to air transportation for individuals with dis-
abilities. Legislation is necessary for the moderniza-
tion of standards and requirements that will 
strengthen accessibility in air transportation, includ-
ing the accessibility of aircraft. 
(4) The Department of Transportation and the 
Architectural and Transportation Barriers Compli-
ance Board (in this section referred to as the ‘‘Ac-
cess Board’’) must promulgate regulations to ensure 
that all passengers with disabilities receive— 
(A) prompt and effective boarding, deplan-
ing, and connections between flights; 
(B) accommodations, including nonstan-
dard accommodations, that safely facilitate air 
travel; and 
(C) better access to airport facilities, in-
cluding the provision of visually accessible an-
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nouncements and full and equal access to aural 
communications. 
(5) Legislation is necessary to ensure that indi-
viduals with disabilities have adequate remedies 
available when air carriers violate the ACAA (includ-
ing regulations prescribed under the ACAA). 
(6) Unlike other civil rights statutes, the ACAA 
does not contain a private right of action, which is 
critical to the enforcement of civil rights statutes. 
Legislation is necessary to 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’’ 
means an air carrier or foreign air carrier (as those 
terms are defined in section 40102 of title 49, 
United States Code). 
(3) DISABILITY.—The term ‘‘disability’’ has the 
meaning given that term in section 3 of the Ameri-
cans 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). 
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(4) 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 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.—An 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 
U.S.C. 12182(a))) of air transportation; 
‘‘(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, 
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services, facilities, advantages, accommodations, 
or other opportunities provided by the air car-
rier; 
‘‘(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 a good, 
service, facility, advantage, accommodation, or 
other opportunity afforded to other individuals; 
‘‘(D) subject to paragraph (2), provide an 
individual or a class of individuals, on the basis 
of a disability or disabilities of the individual or 
class, with a good, service, facility, privilege, ad-
vantage, accommodation, or other opportunity 
that is different or separate from a good, serv-
ice, facility, privilege, advantage, accommoda-
tion, or other opportunity provided to other in-
dividuals; 
‘‘(E) deny any goods, services, facilities, 
privileges, 
advantages, 
accommodations, 
or 
other opportunities to an individual because of 
the known disability of another individual with 
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whom the individual is known to have a rela-
tionship or association; 
‘‘(F) 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, unless the air carrier can 
demonstrate that such criteria are necessary for 
the provision of the good, service, facility, privi-
lege, advantage, accommodation, or other op-
portunity; 
‘‘(G) directly or through a contractual, li-
censing, or other arrangement, use standards or 
criteria or methods of administration— 
‘‘(i) that have the effect of discrimi-
nating on the basis of disability; or 
‘‘(ii) that perpetuate the discrimina-
tion of others who are subject to common 
administrative control; 
‘‘(H) purchase or lease an aircraft that 
does not comply with this section and regula-
tions prescribed under this section; or 
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‘‘(I) refurbish an aircraft cabin in an air-
craft manufactured before the date of the en-
actment of the Air Carrier Access Amendments 
Act of 2019, or purchase or lease such an air-
craft, unless the aircraft, to the maximum ex-
tent feasible, is made readily accessible to and 
usable by individuals with disabilities, including 
individuals who use wheelchairs, in accordance 
with this section and upon issuance of regula-
tions prescribed under this section. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), an air carrier may provide an indi-
vidual or a class of individuals, on the basis of 
a disability or disabilities of the individual or 
class, with a good, service, facility, privilege, ad-
vantage, accommodation, or other opportunity 
that is different or separate from the good, 
service, facility, privilege, advantage, accommo-
dation, or other opportunity provided to other 
individuals if doing so is necessary to provide 
the individual or class of individuals with a 
good, service, facility, privilege, advantage, ac-
commodation, or other opportunity that is as 
effective as the good, service, facility, privilege, 
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ties to an individual with a disability in the most in-
tegrated setting appropriate to the needs of the indi-
vidual; 
‘‘(2) make reasonable modifications in policies, 
practices, or procedures, when such modifications 
are necessary to afford goods, services, facilities, 
privileges, advantages, accommodations, or other op-
portunities to individuals with disabilities, unless the 
air carrier can demonstrate that making such modi-
fications would fundamentally alter the nature of the 
goods, services, facilities, privileges, advantages, ac-
commodations, or other opportunities; 
‘‘(3) take such measures as may be necessary 
to ensure that no individual with a disability is ex-
cluded, denied services, segregated, or otherwise 
treated differently from other individuals because of 
the absence of auxiliary aids or services, unless the 
air carrier can demonstrate that taking such meas-
ures 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 the air 
carrier; and 
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‘‘(4)(A) remove architectural barriers to equal 
access by individuals with disabilities to goods, serv-
ices, facilities, privileges, advantages, accommoda-
tions, or other opportunities provided by the air car-
rier, and communication barriers to such access that 
are structural in nature, in facilities of the air car-
rier (whether owned or leased by the air carrier) 
that were constructed before or altered after the 
date of the enactment of the Air Carrier Access 
Amendments Act of 2019, and remove physical and 
communication barriers to such access in aircraft 
manufactured before such date of enactment and 
used by an air carrier for transporting individuals, 
if the removal of such barriers is readily achievable; 
or 
‘‘(B) if the air carrier can demonstrate that the 
removal of a barrier described in subparagraph (A) 
is not readily achievable, make such goods, services, 
facilities, privileges, advantages, accommodations, or 
other opportunities available through alternative 
methods that are readily achievable. 
‘‘(d) COMPLAINTS.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall ensure that individuals with disabilities 
traveling in air transportation are able— 
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‘‘(A) to file complaints with the Depart-
ment of Transportation in response to dis-
ability-related discrimination prohibited under 
this section or regulations prescribed under this 
section; and 
‘‘(B) to receive assistance from the De-
partment through a toll-free hotline telephone 
number or comparable electronic means of com-
munication. 
‘‘(2) NOTICE TO PASSENGERS WITH DISABIL-
ITIES.—Each air carrier shall include on its publicly 
available internet website, any related mobile device 
application, and online service— 
‘‘(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) notice that a consumer can file a dis-
ability-related complaint with the Aviation Con-
sumer Protection Division; 
‘‘(C) an active link to the internet website 
of the Aviation Consumer Protection Division 
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for a consumer to file a disability-related com-
plaint; and 
‘‘(D) notice that the consumer can file a 
disability-related complaint with the air carrier 
and the process and any timelines for filing 
such a complaint. 
‘‘(3) INVESTIGATION OF COMPLAINTS.— 
‘‘(A) IN GENERAL.—The Secretary shall— 
‘‘(i) investigate each complaint of a 
violation of this section or a regulation pre-
scribed under this section; 
‘‘(ii) provide, in writing, to the indi-
vidual that filed the complaint and the air 
carrier alleged to have violated this section 
or a regulation prescribed under this sec-
tion, the determination of the Secretary 
with respect to— 
‘‘(I) whether the air carrier vio-
lated this section or a regulation pre-
scribed under this section; and 
‘‘(II) the facts underlying the 
complaint; and 
‘‘(iii) take action where a violation is 
found to bring the air carrier into compli-
ance. 
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‘‘(B) REFERRAL.—If the Secretary has 
reasonable cause to believe that any air carrier 
or group of air carriers is engaged in a pattern 
or 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 refer the matter 
to the Attorney General. 
‘‘(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 alleging discrimination on 
the basis of disability and shall report annually 
to Congress on the disposition of such com-
plaints. 
‘‘(e) CIVIL ACTION.— 
‘‘(1) AGGRIEVED PERSONS.— 
‘‘(A) IN GENERAL.—Any person aggrieved 
by the violation by an air carrier of this section 
or a regulation prescribed under this section 
may, during the 2-year period beginning on the 
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date of the violation, 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 cost of the action to the plaintiff. 
‘‘(C) EXHAUSTION
OF
ADMINISTRATIVE 
REMEDIES.—Any person aggrieved by the viola-
tion by an air carrier of this section or a regu-
lation prescribed under this section shall not be 
required to exhaust administrative remedies be-
fore 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 people with disabilities greater legal 
rights or protections than those granted by this 
section. 
‘‘(2) 
ENFORCEMENT
BY
ATTORNEY
GEN-
ERAL.— 
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