[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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