[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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