[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9342 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9342
To amend title 49, United States Code, to prevent discrimination
against airline passengers with disabilities who use lithium-ion-
powered wheelchairs and mobility aids that are safe for air travel, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 17, 2022
Mr. Langevin introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
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A BILL
To amend title 49, United States Code, to prevent discrimination
against airline passengers with disabilities who use lithium-ion-
powered wheelchairs and mobility aids that are safe for air travel, 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 ``Working to Help Ensure Equity for
Lithium-ion-powered Chairs on Airplanes Act'' or the ``WHEELChairs on
Airplanes Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(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 codified in section 41705 of title 49, United
States Code, prohibiting disability-based discrimination in air
transportation.
(2) Despite this effort, individuals with disabilities
continue to experience significant barriers to and with
traveling in air transportation.
(3) The Department of Transportation's Airline Passengers
with Disabilities Bill of Rights specifies that ``airlines must
accept a battery powered wheelchair, if it fits in the cargo
compartment and can be transported consistent with safety and
security requirements''.
(4) Wheelchairs and other mobility aids powered by lithium-
ion batteries are growing in prevalence, as lithium-ion
batteries are light-weight and can extend a device's range
between charges.
(5) Airline passengers with disabilities who travel with
lithium-ion-powered wheelchairs or mobility aids have been
arbitrarily and erroneously denied boarding despite presenting
documentation that their devices meet all applicable safety
standards.
(6) As the popularity of lithium-ion-powered wheelchairs
and mobility aids continues to increase, so will the frequency
of instances when airline passengers with disabilities are
erroneously and arbitrarily denied boarding.
(b) Sense of Congress.--It is the sense of Congress that an air
carrier or foreign air carrier that denies an airline passenger with a
disability who use a lithium-ion-powered wheelchair or mobility aid
that meets all applicable safety standards for air travel should be
considered to have violated such passenger's rights under section 41705
of title 49, United States Code, and therefore, all air carriers and
foreign air carriers must maintain clear policies pertaining to
lithium-ion battery-powered wheelchairs and mobility aids that are no
more restrictive than all applicable safety standards.
SEC. 3. ANNUAL SURVEY OF AIR CARRIER AND FOREIGN AIR CARRIER LITHIUM-
ION BATTERY POLICIES FOR WHEELCHAIRS AND MOBILITY AIDS.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 41727. Requirements for air carrier and foreign air carrier
lithium-ion battery policies for wheelchairs and mobility
aids
``(a) Survey Required.--Not later than 1 year after the date of
enactment of the WHEELChairs on Airplanes Act, and annually thereafter,
the Administrator of the Federal Aviation Administration shall conduct
a survey on all air carriers and foreign air carriers to--
``(1) compile the policies regarding lithium-ion battery-
powered wheelchairs and mobility aids of each air carrier and
foreign air carrier;
``(2) determine whether any of the policies described in
paragraph (1) are more restrictive than applicable standards in
section 175.10 of title 49, Code of Federal Regulations; and
``(3) determine whether any of the policies described in
paragraph (1) are not consistent with the standards established
by the Administrator under subsection (f).
``(b) Report and Publication.--Upon completion of each survey
required under subsection (a), the Administrator shall--
``(1) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing such survey; and
``(2) publish on the website of the Department of
Transportation in an accessible format the information
collected under subsection (a).
``(c) Noncompliant Policies.--An air carrier or foreign air carrier
is considered to have a noncompliant policy if the Administrator
determines, as part of the survey conducted under subsection (a), that
such air carrier or foreign air carrier--
``(1) does not have a policy for lithium-ion-powered
wheelchairs or mobility aids in effect;
``(2) has a policy for lithium-ion-powered wheelchairs or
mobility aids in effect that is more restrictive than standards
in section 175.10 of title 49, Code of Federal Regulations; or
``(3) has a policy that is not consistent with the
standards for adequate protection established by the
Administrator under subsection (f).
``(d) Notification; Updates.--For any noncompliant policy under
subsection (c), the Administrator--
``(1) shall notify the air carrier or foreign air carrier
of the noncompliant status of the policy; and
``(2) shall require such air carrier or foreign air carrier
to update any such policy before the date that is 180 days
after the receipt of a notification under paragraph (1); and
``(3) shall assess a civil penalty under section 46301 for
any policy of the air carrier or foreign air carrier that
remains noncompliant beginning on such date.
``(e) Report on Compliant Policy.--An air carrier or foreign air
carrier that is required to update a noncompliant policy under
subsection (d)(2) shall--
``(1) update such policy; and
``(2) submit to the Administrator a report upon completion
of the update that contains the updated policy.
``(f) Adequate Protection.--The Administrator shall issue such
regulations as are necessary to establish standards for adequate
protection based on the requirements of section 175.10(a)(17)(v) of
title 49, Code of Federal Regulations, for purposes of application
under this section.''.
(b) Conforming Amendment.--Section 46301(d)(2) of title 49, United
States Code, is amended by inserting ``section 41727,'' before
``chapter 441''.
(c) Clerical Amendment.--The analysis for chapter 417 of title 49,
United States Code, is amended by inserting after the item relating to
section 41726 the following:
``41727. Requirements for air carrier and foreign air carrier lithium-
ion battery policies for wheelchairs and
mobility aids.''.
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