[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1459 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1459
To require the Administrator of the Federal Aviation Administration to
issue regulations concerning accommodations for powered wheelchairs,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Ms. Duckworth (for herself and Mr. Thune) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require the Administrator of the Federal Aviation Administration to
issue regulations concerning accommodations for powered wheelchairs,
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 ``Mobility Aids On Board Improve Lives
and Empower All Act'' or the ``MOBILE Act''.
SEC. 2. REGULATIONS RELATED TO POWERED WHEELCHAIRS; OTHER EVALUATIONS
REGARDING WHEELCHAIRS.
(a) Rulemaking.--Not later than 1 year after the date of enactment
of this section, the Secretary of Transportation (in this section
referred to as the ``Secretary'') shall issue a notice of proposed
rulemaking requiring air carriers and foreign air carriers (as defined
in section 40102 of title 49, United States Code)--
(1) to publish, on a prominent and easily accessible place
on the website of the carrier, information describing the
dimensions of the cargo holds of all aircraft types in the air
carrier's fleet, including the dimensions of the cargo hold
entry; and
(2) in the case of a qualified individual with a disability
(as defined in section 382.3 of title 14, Code of Federal
Regulations) traveling with a wheelchair (including a powered
wheelchair, manual wheelchair, or scooter) who has purchased a
ticket for a flight from the air carrier but who cannot fly on
the existing aircraft because the wheelchair of such qualified
individual cannot fit in the cargo hold, to offer a refund to
such qualified individual of any previously paid fares, fees,
and taxes applicable to such flight.
(b) Evaluation of Data Regarding Mishandled Wheelchairs.--Not later
than 6 months after the date of enactment of this section, and annually
thereafter, the Secretary shall--
(1) evaluate data (which shall be delineated by type of
wheelchair being mishandled, such as powered wheelchairs,
manual wheelchairs, and scooters, and by type of mishandling,
such as damage (including the type of damage, such as broken
drive wheels or casters, bent or broken frames, damage to
electrical connectors or wires, control input devices,
joysticks, upholstery, or other components, and any other type
of damage deemed appropriate by the Secretary), delay, or loss)
regarding the frequency of mishandling of wheelchairs (as
defined in section 37.3 of title 49, Code of Federal
Regulations) occurring on aircraft;
(2) determine whether there are issues with respect to such
frequency and type of mishandling; and
(3) review and report any claims for which an air carrier
has conclusive evidence of fraud.
(c) Report on Mishandled Wheelchairs.--Not later than 6 months
after the date of enactment of this section, the Secretary shall submit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report (which shall be made publicly available on the
website of the Department of Transportation) regarding the results of
each such evaluation and determination under subsection (b), including
how the Secretary plans to address such results through consultation
with air carriers, wheelchair manufacturers, national disability and
disabled veterans organizations, and other relevant stakeholders.
(d) Feasibility of In-Cabin Wheelchair Restraint Systems.--
(1) Roadmap.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a publicly available strategic
roadmap that describes how the Department of Transportation and
the United States Access Board, respectively, shall, in
accordance with the recommendations from the National Academies
of Science, Engineering, and Mathematics Transportation
Research Board Special Report 341--
(A) establish a program of research, in
collaboration with the Rehabilitation Engineering and
Assistive Technology Society of North America (RESNA),
the assistive technology industry, air carriers,
original equipment manufacturers, national disability
and disabled veterans organizations, and any other
relevant stakeholders, to test and evaluate an
appropriate selection of WC19-compliant wheelchairs and
accessories in accordance with applicable Federal
Aviation Administration crashworthiness and safety
performance criteria, including the issues and
considerations set forth in Special Report 341; and
(B) sponsor studies that assess issues and
considerations, including those set forth in Special
Report 341, such as--
(i) the likely demand for air travel by
individuals who are nonambulatory if such
individuals could remain seated in their
personal wheelchairs in flight; and
(ii) the feasibility of implementing
seating arrangements that would accommodate
passengers in wheelchairs in the main cabin in
flight.
(2) Study.--If determined to be technically feasible by the
Secretary, not later than 2 years after making such
determination, the Secretary shall commence a study to assess
the economic and financial feasibility of air carriers and
foreign air carriers implementing seating arrangements that
accommodate passengers with wheelchairs (including powered
wheelchairs, manual wheelchairs, and scooters) in the main
cabin during flight. Such study shall include an assessment
of--
(A) the cost of such seating arrangements,
equipment, and installation;
(B) the demand for such seating arrangements;
(C) the impact of such seating arrangements on
passenger seating and safety on aircraft;
(D) the impact of such seating arrangements on the
cost of operations and airfare; and
(E) any other information determined appropriate by
the Secretary.
(3) Report.--Not later than 1 year after the date on which
the study under paragraph (2) is completed, the Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a publicly available report describing the
results of the study conducted under paragraph (2), together
with any recommendations the Secretary determines appropriate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
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