[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4049 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4049
To provide seating accommodations for qualified individuals with
disabilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 12, 2023
Mr. Stanton (for himself and Mr. Molinaro) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To provide seating accommodations for qualified individuals with
disabilities, 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 ``Access and Dignity for All People
Who Travel Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Air carrier.--The term ``air carrier'' has the meaning
given that term in section 40102 of title 49, United States
Code.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
(3) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given that term in section 40102 of title 49,
United States Code.
(4) Qualified individual with a disability.--The term
``qualified individual with a disability'' has the meaning
given that term in section 382.3 of title 14, Code of Federal
Regulations.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) Service animal.--The term ``service animal'' has the
meaning given that term in section 382.3 of title 14, Code of
Federal Regulations.
SEC. 3. SEATING ACCOMMODATIONS FOR QUALIFIED INDIVIDUALS WITH
DISABILITIES.
(a) In General.--
(1) Advanced notice of proposed rulemaking.--Not later than
180 days after the date of enactment of this section, the
Secretary shall issue an advanced notice of proposed rulemaking
regarding seating accommodations for any qualified individual
with a disability.
(2) Notice of proposed rulemaking.--Not later than 1 year
after the date on which the advanced notice of proposed
rulemaking under paragraph (1) is completed, the Secretary
shall issue a notice of proposed rulemaking regarding seating
accommodations for any qualified individual with a disability.
(3) Final rule.--Not later than 1 year after the date on
which the notice of proposed rulemaking under paragraph (2) is
completed, the Secretary shall issue a final rule regarding
seating accommodations for any qualified individual with a
disability.
(b) Requirements.--In carrying out any rulemaking under subsection
(a), the Secretary shall consider the following:
(1) The scope and anticipated number of qualified
individuals with a disability who--
(A) may need to be seated with a companion to
receive assistance during a flight; or
(B) should be afforded bulkhead seats or other
seating considerations.
(2) The types of disabilities that may need seating
accommodations.
(3) Whether such qualified individuals with a disability
are unable to obtain, or have difficulty obtaining, such a
seat.
(4) The scope and anticipated number of individuals
assisting a qualified individual with a disability who should
be afforded an adjoining seat pursuant to section 382.81 of
title 14, Code of Federal Regulations.
(5) Any notification given to qualified individuals with a
disability regarding available seating accommodations.
(6) Any method that is adequate to identify fraudulent
claims for seating accommodations.
(7) Any other information determined appropriate by the
Secretary.
SEC. 4. KNOWN SERVICE ANIMAL USER TRAVEL PILOT PROGRAM.
(a) Pilot Program.--
(1) Establishment.--
(A) In general.--The Secretary shall establish a
pilot program to allow approved program participants as
known service animal users for the purpose of exemption
from the documentation requirements under part 382 of
title 14, Code of Federal Regulations, with respect to
air travel with a service animal.
(B) Requirements.--The pilot program established
under subparagraph (A) shall--
(i) be optional;
(ii) provide to applicants assistance,
including over-the-phone assistance, throughout
the application process for the program;
(iii) with respect to any web-based
components of the pilot program, meet or exceed
the standards described in section 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794d) and
the regulations implementing that Act as set
forth in part 1194 of title 36, Code of Federal
Regulations; and
(iv) exempt participants of the pilot
program from any documentation requirements
under part 382 of title 14, Code of Federal
Regulations.
(2) Consultation.--In establishing the pilot program under
paragraph (1), the Secretary shall consult with--
(A) disability advocacy entities, including
nonprofit organizations focused on ensuring that
individuals with disabilities are able to live and
participate in their communities;
(B) air carriers and foreign air carriers;
(C) accredited service animal training programs and
authorized registrars, such as the International Guide
Dog Federation, Assistance Dogs International, and
other similar organizations and foreign and domestic
governmental registrars of service animals;
(D) other relevant departments or agencies of the
Federal Government; and
(E) other entities determined to be appropriate by
the Secretary.
(3) Eligibility.--To be eligible to participate in the
pilot program under this subsection, an individual shall--
(A) be a qualified individual with a disability;
(B) require the use of a service animal because of
a disability; and
(C) submit an application to the Secretary at such
time, in such manner, and containing such information
as the Secretary may require.
(4) Clarification.--The Secretary may award a grant or
enter into a contract or cooperative agreement in order to
carry out this subsection.
(5) Nominal fee.--The Secretary may require an applicant to
pay a nominal fee (not to exceed $25) to participate in the
pilot program.
(6) Reports to congress.--
(A) Planning report.--Not later than 1 year after
the date of enactment of this section, the Secretary
shall submit to the appropriate committees of Congress
a publicly available report describing the
implementation plan for the pilot program under this
subsection.
(B) Annual report.--Not later than 1 year after the
establishment of the pilot program under this
subsection, and annually thereafter until the date
described in paragraph (7), the Secretary shall submit
to the appropriate committees of Congress a publicly
available report on the progress of the pilot program.
(C) Final report.--Not later than 5 years after the
date of enactment of this section, the Secretary shall
submit to the appropriate committees of Congress a
publicly available final report that includes
recommendations for the establishment and
implementation of a permanent known service animal user
travel program for the Federal Government.
(7) Sunset.--The pilot program shall terminate on the date
that is 5 years after the date of enactment of this section.
(b) Accredited Service Animal Training Programs and Authorized
Registrars.--Not later than 6 months after the date of enactment of
this section, the Secretary shall publish on the website of the
Department of Transportation and maintain a list of--
(1) accredited programs that train service animals; and
(2) authorized registrars that evaluate service animals.
(c) Report to Congress on Service Animal Requests.--Not later than
1 year after the date of enactment of this section, and annually
thereafter, the Secretary shall submit to the appropriate committees of
Congress a report on requests for air travel with service animals,
including--
(1) during the reporting period, how many requests to board
an aircraft with a service animal were made; and
(2) the number and percentage of such requests, categorized
by type of request, that were reported by air carriers or
foreign air carriers as--
(A) granted;
(B) denied; or
(C) fraudulent.
(d) Training.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, the Secretary shall, in consultation
with the Air Carrier Access Act Advisory Committee, issue
guidance regarding improvements to training for airline
personnel (including contractors) in recognizing when a
qualified individual with a disability is traveling with a
service animal.
(2) Requirements.--The guidance issued under paragraph (1)
shall--
(A) take into account respectful engagement with
and assistance for individuals with a wide range of
visible and non-visible disabilities;
(B) provide information on--
(i) service animal behavior and whether the
service animal is appropriately harnessed,
leashed, or otherwise tethered; and
(ii) the various types of service animals,
such as guide dogs, hearing or signal dogs,
psychiatric service dogs, sensory or social
signal dogs, and seizure response dogs; and
(C) outline the rights and responsibilities of the
handler of the service animal.
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