What This Bill Does
This bill updates federal rules to protect passengers with disabilities when flying on airplanes. It requires airlines to make their planes, airports, and websites accessible to people with disabilities. The bill also allows passengers to sue airlines in court if they violate these accessibility requirements.
Who It Affects
- Passengers with disabilities flying on commercial airlines
- All air carriers (airlines) operating in the United States
- Foreign air carriers flying into the United States
- The Department of Transportation
- The Architectural and Transportation Barriers Compliance Board
- The U.S. Attorney General
Key Provisions
- Airlines cannot discriminate against passengers based on disability in any part of air travel, including boarding, seating, and use of lavatories (Sec. 4(b))
- Airlines must make reasonable changes to their policies and practices to help passengers with disabilities, unless doing so would fundamentally change the service or create undue hardship (Sec. 4(c)(2))
- Airlines must provide auxiliary aids and services (such as communication assistance) so passengers with disabilities are not excluded or treated differently (Sec. 4(c)(3))
- Passengers with disabilities can file complaints with the Department of Transportation through a toll-free hotline or website (Sec. 4(d)(1))
- Passengers with disabilities can file lawsuits in federal court against airlines for violations within 2 years of the violation, and do not need to go through government complaint processes first (Sec. 4(e)(1))
- The Secretary of Transportation must create accessibility standards for aircraft within 2 years, including for boarding equipment, seating, lavatories, and proper stowage of wheelchairs (Sec. 5(a))
- Airlines must make new accessibility standards work on existing aircraft within 5 years after the standards become official (Sec. 5(a)(1)(B))
- The Secretary must create accessibility standards for airport gates, ticketing areas, and customer service desks within 2 years (Sec. 5(b))
- The Secretary must create accessibility standards for airline websites, apps, and self-service kiosks within 2 years (Sec. 5(c))
What Changes
If this bill becomes law, airlines will face new legal requirements to make planes and airports fully accessible to people with disabilities. Airlines will now have to provide in-cabin wheelchair restraints if technologically possible, ensure wheelchairs can be properly stowed in cargo areas, provide captioning and audio descriptions of in-flight entertainment, and make announcements that blind and deaf passengers can understand. Passengers with disabilities will gain the right to file lawsuits directly in court without first exhausting government complaint procedures. Airlines that violate accessibility rules face civil penalties assessed by the Department of Transportation. The bill specifically requires penalties for damaging wheelchairs, failing to provide proper boarding assistance, and denying boarding based on disability.
Important Definitions
- **Disability**: A physical or mental condition that substantially limits one or more major life activities (permanently or temporarily), or a record of such a condition, or being regarded as having such a condition
- **Air Carrier**: A company that provides commercial air transportation (defined by reference to another federal law)
- **Foreign Air Carrier**: A non-U.S. airline that provides air transportation (defined by reference to another federal law)
- **Access Board**: The Architectural and Transportation Barriers Compliance Board
- **Aircraft**: A passenger airplane with 30 or more seats that is certified to carry passengers
- **Most Integrated Setting**: Not fully defined in this bill (defined by reference to federal accessibility regulations)
- **Undue Burden**: Not fully defined in this bill (defined by reference to federal accessibility regulations)
Effective Date
Not specified in bill text. However, the bill requires the Secretary of Transportation to issue new accessibility standards within 2 years of enactment, and airlines must comply with these standards on existing aircraft within 5 years after the standards become official.
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-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Air Carrier Access
4
Amendments Act of 2023’’.
5
SEC. 2. FINDINGS; SENSE OF CONGRESS.
6
(a) FINDINGS.—Congress finds the following:
7
(1) In 1986, President Ronald Reagan signed
8
the Air Carrier Access Act of 1986 (Public Law 99–
9
435; 100 Stat. 1080), adding a provision now codi-
10
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•HR 1267 IH
fied in section 41705 of title 49, United States Code
1
(in this section referred to as the ‘‘ACAA’’), prohib-
2
iting disability-based discrimination in air transpor-
3
tation.
4
(2) Despite the effort, individuals, including
5
veterans, with disabilities continue to experience sig-
6
nificant barriers to and with traveling by air, such
7
as—
8
(A) damaged assistive devices;
9
(B) inaccessible aircraft, lavatories, and
10
communication media;
11
(C) delayed assistance;
12
(D) inappropriate treatment of service ani-
13
mals;
14
(E) inadequate disability awareness and
15
sensitivity training; and
16
(F) a lack of suitable seating accommoda-
17
tions.
18
(b) SENSE OF CONGRESS.—It is the sense of Con-
19
gress that—
20
(1) access for individuals with disabilities in air
21
transportation must move into the 21st century, or
22
individuals with disabilities will be left behind and
23
unable to compete in today’s job market or enjoy the
24
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opportunities available to other citizens of the
1
United States;
2
(2) aircraft must accommodate individuals with
3
disabilities, and air carriers and foreign air carriers
4
must acquire and maintain aircraft that meet broad
5
accessibility standards;
6
(3) the ACAA must be updated to improve ac-
7
cess to air transportation for individuals with dis-
8
abilities;
9
(4) legislation is necessary to modernize stand-
10
ards and requirements that will strengthen accessi-
11
bility in air transportation;
12
(5) the Department of Transportation, in direct
13
consultation with the Access Board, must promul-
14
gate regulations to ensure that all passengers with
15
disabilities receive—
16
(A)
prompt
and
effective
boarding,
17
deplaning, and connections between flights;
18
(B)
accommodations,
including
non-
19
standard accommodations, that safely facilitate
20
air travel; and
21
(C) better access to airport facilities, in-
22
cluding the provision of visually and tactilely
23
accessible announcements and full and equal ac-
24
cess to aural communications;
25
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(6) legislation is necessary to ensure that indi-
1
viduals with disabilities have adequate remedies
2
available when air carriers and foreign air carriers
3
violate the ACAA; and
4
(7) unlike other civil rights statutes, the ACAA
5
does not contain a private right of action, which is
6
critical to the enforcement of such statutes, and
7
Congress must correct this anomaly.
8
SEC. 3. DEFINITIONS.
9
In this Act:
10
(1) ACCESS BOARD.—The term ‘‘Access Board’’
11
means the Architectural and Transportation Bar-
12
riers Compliance Board.
13
(2) AIR CARRIER.—The term ‘‘air carrier’’ has
14
the meaning given that term in section 40102 of
15
title 49, United States Code.
16
(3) DISABILITY.—The term ‘‘disability’’ means,
17
with respect to an individual—
18
(A) a physical or mental impairment that,
19
on a permanent or temporary basis, substan-
20
tially limits one or more major life activities of
21
such individual;
22
(B) a record of such an impairment; or
23
(C) being regarded as having such an im-
24
pairment.
25
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(4) FOREIGN AIR CARRIER.—The term ‘‘foreign
1
air carrier’’ has the meaning given that term in sec-
2
tion 40102 of title 49, United States Code.
3
(5) SECRETARY.—The term ‘‘Secretary’’ means
4
the Secretary of Transportation.
5
SEC. 4. IMPROVING ACCESS TO AIR TRANSPORTATION FOR
6
INDIVIDUALS WITH DISABILITIES.
7
(a) IN GENERAL.—Section 41705 of title 49, United
8
States Code, is amended to read as follows:
9
‘‘§ 41705. Accessibility of air transportation for indi-
10
viduals with disabilities
11
‘‘(a) IN GENERAL.—In providing air transportation,
12
an air carrier or foreign air carrier may not discriminate
13
against an individual on the basis of a disability, including
14
by taking any of the actions prohibited under subsection
15
(b) or not taking any of the actions required by subsection
16
(c).
17
‘‘(b) PROHIBITED ACTIONS.—
18
‘‘(1) IN GENERAL.—Subject to paragraph (2),
19
an air carrier or foreign air carrier may not—
20
‘‘(A) directly or through a contractual, li-
21
censing, or other arrangement, discriminate in
22
the full and equal enjoyment (within the mean-
23
ing of that term under section 302(a) of the
24
Americans with Disabilities Act of 1990 (42
25
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•HR 1267 IH
U.S.C. 12182(a))) of air transportation, includ-
1
ing the use of standards or criteria or methods
2
of administration;
3
‘‘(B) deny the opportunity of an individual
4
or a class of individuals, on the basis of a dis-
5
ability or disabilities of the individual or class,
6
to participate in or benefit from the goods,
7
services, facilities, advantages, accommodations,
8
or other opportunities provided by the air car-
9
rier or foreign air carrier;
10
‘‘(C) afford an individual or a class of indi-
11
viduals, on the basis of a disability or disabil-
12
ities of the individual or class, with the oppor-
13
tunity to participate in or benefit from a good,
14
service, facility, advantage, accommodation, or
15
other opportunity that is not equal to, or is dif-
16
ferent or separate from a good, service, facility,
17
advantage, accommodation, or other oppor-
18
tunity afforded to other individuals;
19
‘‘(D) deny any goods, services, facilities,
20
privileges,
advantages,
accommodations,
or
21
other opportunities to an individual because of
22
the known disability of another individual with
23
whom the individual is known to have a rela-
24
tionship or association;
25
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•HR 1267 IH
‘‘(E) impose or apply eligibility criteria
1
that screen out or have the effect of screening
2
out individuals with disabilities or a class of in-
3
dividuals with disabilities from fully enjoying
4
any good, service, facility, privilege, advantage,
5
accommodation, or other opportunity provided
6
by the air carrier or foreign air carrier, unless
7
the air carrier or foreign air carrier can dem-
8
onstrate that such criteria are necessary for the
9
provision of the good, service, facility, privilege,
10
advantage, accommodation, or other oppor-
11
tunity;
12
‘‘(F) directly or through a contractual, li-
13
censing, or other arrangement, use standards or
14
criteria or methods of administration that—
15
‘‘(i) have the effect of discriminating
16
on the basis of disability; or
17
‘‘(ii) perpetuate discrimination against
18
others who are subject to common adminis-
19
trative control; or
20
‘‘(G) operate an aircraft that does not
21
comply with this section and regulations pre-
22
scribed under this section, unless the aircraft,
23
to the maximum extent feasible, is made readily
24
accessible to and usable by individuals with dis-
25
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•HR 1267 IH
abilities, including individuals who use wheel-
1
chairs, in accordance with this section and upon
2
issuance of regulations prescribed under this
3
section, not later than 7 years after the date of
4
enactment of the Air Carrier Access Amend-
5
ments Act of 2023.
6
‘‘(2) EXCEPTION.—
7
‘‘(A) IN
GENERAL.—Subject to subpara-
8
graph (B), an air carrier or foreign air carrier
9
may provide an individual or a class of individ-
10
uals, on the basis of a disability or disabilities
11
of the individual or class, with a good, service,
12
facility, privilege, advantage, accommodation, or
13
other opportunity that is different or separate
14
from the good, service, facility, privilege, advan-
15
tage, accommodation, or other opportunity pro-
16
vided to other individuals if doing so is nec-
17
essary to—
18
‘‘(i) provide the individual or class of
19
individuals with a good, service, facility,
20
privilege, advantage, accommodation, or
21
other opportunity that is as effective as the
22
good, service, facility, privilege, advantage,
23
accommodation, or other opportunity pro-
24
vided to other individuals; or
25
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•HR 1267 IH
‘‘(ii) comply with statutory, regu-
1
latory, or other requirements related to
2
safety and security enforced by the De-
3
partment of Transportation, the Federal
4
Aviation Administration, or applicable for-
5
eign aviation authorities.
6
‘‘(B) ACCEPTANCE.—An individual or a
7
class of individuals shall retain the authority to
8
decide whether to accept or refuse a good, serv-
9
ice, facility, privilege, advantage, accommoda-
10
tion, or other opportunity referred to in sub-
11
paragraph (A).
12
‘‘(C) SELECTION
OF
GOODS, SERVICES,
13
AND
OTHER
OPPORTUNITIES
PROVIDED
TO
14
OTHERS.—If, in accordance with subparagraph
15
(A), an air carrier or foreign air carrier pro-
16
vides to an individual or a class of individuals
17
a good, service, facility, privilege, advantage, ac-
18
commodation, or other opportunity that is dif-
19
ferent or separate from the good, service, facil-
20
ity, privilege, advantage, accommodation, or
21
other opportunity provided to other individuals,
22
the air carrier or foreign air carrier may not
23
deny to an individual with a disability the op-
24
portunity to participate in the good, service, fa-
25
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•HR 1267 IH
cility, privilege, advantage, accommodation, or
1
other opportunity provided to such other indi-
2
viduals.
3
‘‘(c) REQUIRED ACTIONS.—An air carrier or foreign
4
air carrier shall—
5
‘‘(1) afford goods, services, facilities, privileges,
6
advantages, accommodations, and other opportuni-
7
ties to an individual with a disability in the most in-
8
tegrated setting appropriate to the needs of the indi-
9
vidual;
10
‘‘(2) make reasonable modifications to policies,
11
practices, or procedures, when such modifications
12
are necessary to afford goods, services, facilities,
13
privileges, advantages, accommodations, or other op-
14
portunities to individuals with disabilities, unless the
15
air carrier or foreign air carrier can demonstrate
16
that making such modifications would fundamentally
17
alter the nature of the goods, services, facilities,
18
privileges, advantages, accommodations, or other op-
19
portunities; and
20
‘‘(3) take such measures as may be necessary
21
to ensure that no individual with a disability is ex-
22
cluded, denied services, segregated, or otherwise
23
treated differently from other individuals because of
24
the absence of auxiliary aids or services, unless the
25
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•HR 1267 IH
air carrier or foreign air carrier can demonstrate
1
that taking such measures would—
2
‘‘(A) fundamentally alter the nature of a
3
good, service, facility, privilege, advantage, ac-
4
commodation, or other opportunity being of-
5
fered; or
6
‘‘(B) result in an undue burden to an air
7
carrier or foreign air carrier.
8
‘‘(d) CONSUMER COMPLAINTS.—
9
‘‘(1) IN GENERAL.—The Secretary shall ensure
10
that individuals with disabilities traveling in air
11
transportation are able to—
12
‘‘(A) file complaints with the Department
13
of Transportation in response to disability-re-
14
lated discrimination prohibited under this sec-
15
tion or regulations prescribed under this sec-
16
tion; and
17
‘‘(B) receive assistance from the Depart-
18
ment of Transportation through a toll-free hot-
19
line telephone number, publicly available inter-
20
net website, or comparable electronic means of
21
communication.
22
‘‘(2) NOTICE TO PASSENGERS WITH DISABIL-
23
ITIES.—Each air carrier or foreign air carrier shall
24
include on its publicly available internet website, any
25
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•HR 1267 IH
related mobile device application, and online serv-
1
ice—
2
‘‘(A) the hotline telephone number estab-
3
lished under section 42302 or the telephone
4
number for the Aviation Consumer Protection
5
Division of the Department of Transportation
6
and the Department’s disability assistance hot-
7
line telephone number or a comparable elec-
8
tronic means of communication;
9
‘‘(B) a notice that a consumer can file a
10
disability-related complaint with the Aviation
11
Consumer Protection Division;
12
‘‘(C) an active link to the internet website
13
of the Aviation Consumer Protection Division
14
for a consumer to file a disability-related com-
15
plaint; and
16
‘‘(D) a notice that the consumer can file a
17
disability-related complaint with the air carrier
18
or foreign air carrier and the process and any
19
timelines for filing such a complaint.
20
‘‘(3) INVESTIGATION OF COMPLAINTS.—
21
‘‘(A) IN GENERAL.—The Secretary shall—
22
‘‘(i) not later than 120 days
[Text truncated for display. Full text available on Congress.gov.]