[House Hearing, 117 Congress]
[From the U.S. Government Publishing Office]




   ACCESSIBLE AIR TRAVEL: ADDRESSING CHALLENGES FOR PASSENGERS WITH 
                              DISABILITIES

=======================================================================

                                (117-61)

                             REMOTE HEARING

                               BEFORE THE

                            SUBCOMMITTEE ON
                                AVIATION

                                 OF THE

                              COMMITTEE ON
                   TRANSPORTATION AND INFRASTRUCTURE
                        HOUSE OF REPRESENTATIVES

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             SECOND SESSION

                               __________

                           NOVEMBER 17, 2022

                               __________

                       Printed for the use of the
             Committee on Transportation and Infrastructure



                 [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
               


     Available online at: https://www.govinfo.gov/committee/house-
     transportation?path=/browsecommittee/chamber/house/committee/
                             transportation





                                 ______
                                 

                 U.S. GOVERNMENT PUBLISHING OFFICE

50-594 PDF                WASHINGTON : 2023









             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

                  PETER A. DeFAZIO, Oregon, Chair

ELEANOR HOLMES NORTON,		       SAM GRAVES, Missouri                 
  District of Columbia		       ERIC A. ``RICK'' CRAWFORD, Arkansas  
EDDIE BERNICE JOHNSON, Texas	       BOB GIBBS, Ohio                      
RICK LARSEN, Washington		       DANIEL WEBSTER, Florida              
GRACE F. NAPOLITANO, California	       THOMAS MASSIE, Kentucky              
STEVE COHEN, Tennessee		       SCOTT PERRY, Pennsylvania            
ALBIO SIRES, New Jersey		       RODNEY DAVIS, Illinois               
JOHN GARAMENDI, California	       JOHN KATKO, New York                 
HENRY C. ``HANK'' JOHNSON, Jr.,        BRIAN BABIN, Texas                   
Georgia				       GARRET GRAVES, Louisiana             
ANDRE CARSON, Indiana		       DAVID ROUZER, North Carolina         
DINA TITUS, Nevada		       MIKE BOST, Illinois                  
SEAN PATRICK MALONEY, New York	       RANDY K. WEBER, Sr., Texas           
JARED HUFFMAN, California	       DOUG LaMALFA, California             
JULIA BROWNLEY, California	       BRUCE WESTERMAN, Arkansas            
FREDERICA S. WILSON, Florida	       BRIAN J. MAST, Florida               
DONALD M. PAYNE, Jr., New Jersey       MIKE GALLAGHER, Wisconsin            
ALAN S. LOWENTHAL, California	       BRIAN K. FITZPATRICK, Pennsylvania   
MARK DeSAULNIER, California	       JENNIFFER GONZALEZ-COLON,            
STEPHEN F. LYNCH, Massachusetts	         Puerto Rico                        
SALUD O. CARBAJAL, California	       TROY BALDERSON, Ohio                 
ANTHONY G. BROWN, Maryland	       PETE STAUBER, Minnesota              
TOM MALINOWSKI, New Jersey	       TIM BURCHETT, Tennessee              
GREG STANTON, Arizona		       DUSTY JOHNSON, South Dakota          
COLIN Z. ALLRED, Texas		       JEFFERSON VAN DREW, New Jersey       
SHARICE DAVIDS, Kansas, Vice Chair     MICHAEL GUEST, Mississippi           
JESUS G. ``CHUY'' GARCIA, Illinois     TROY E. NEHLS, Texas                 
CHRIS PAPPAS, New Hampshire	       NANCY MACE, South Carolina           
CONOR LAMB, Pennsylvania	       NICOLE MALLIOTAKIS, New York         
SETH MOULTON, Massachusetts	       BETH VAN DUYNE, Texas                
JAKE AUCHINCLOSS, Massachusetts	       CARLOS A. GIMENEZ, Florida           
CAROLYN BOURDEAUX, Georgia	       MICHELLE STEEL, California           
KAIALI`I KAHELE, Hawaii		       Vacancy                              
MARILYN STRICKLAND, Washington	                                            
NIKEMA WILLIAMS, Georgia	                                            
MARIE NEWMAN, Illinois		                                            
TROY A. CARTER, Louisiana	                                            
SHEILA CHERFILUS-McCORMICK, 	                                            
Florida				                                            



                        Subcommittee on Aviation

                      RICK LARSEN, Washington, Chair

STEVE COHEN, Tennessee		       GARRET GRAVES, Louisiana             
ANDRE CARSON, Indiana		       THOMAS MASSIE, Kentucky              
SHARICE DAVIDS, Kansas		       SCOTT PERRY, Pennsylvania            
KAIALI`I KAHELE, Hawaii		       JOHN KATKO, New York                 
NIKEMA WILLIAMS, Georgia	       BRIAN J. MAST, Florida               
HENRY C. ``HANK'' JOHNSON, Jr.,        MIKE GALLAGHER, Wisconsin            
Georgia				       BRIAN K. FITZPATRICK, Pennsylvania   
DINA TITUS, Nevada		       TROY BALDERSON, Ohio                 
SEAN PATRICK MALONEY, New York	       PETE STAUBER, Minnesota              
JULIA BROWNLEY, California	       TIM BURCHETT, Tennessee              
DONALD M. PAYNE, Jr., New Jersey       JEFFERSON VAN DREW, New Jersey       
MARK DeSAULNIER, California	       TROY E. NEHLS, Texas                 
STEPHEN F. LYNCH, Massachusetts	       NANCY MACE, South Carolina           
ANTHONY G. BROWN, Maryland	       BETH VAN DUYNE, Texas                
GREG STANTON, Arizona		       CARLOS A. GIMENEZ, Florida           
COLIN Z. ALLRED, Texas		       MICHELLE STEEL, California           
CONOR LAMB, Pennsylvania, Vice 	       Vacancy                              
Chair				       SAM GRAVES, Missouri (Ex Officio)    
ELEANOR HOLMES NORTON,		                                            
  District of Columbia		                                            
EDDIE BERNICE JOHNSON, Texas	                                            
JOHN GARAMENDI, California	                                            
PETER A. DeFAZIO, Oregon (Ex 	                                            
Officio)			                                            







                                CONTENTS

                                                                   Page

Summary of Subject Matter........................................   vii

                 STATEMENTS OF MEMBERS OF THE COMMITTEE

Hon. Rick Larsen, a Representative in Congress from the State of 
  Washington, and Chair, Subcommittee on Aviation, opening 
  statement......................................................     1
    Prepared statement...........................................     3
Hon. Garret Graves, a Representative in Congress from the State 
  of Louisiana, and Ranking Member, Subcommittee on Aviation, 
  opening statement..............................................     5
    Prepared statement...........................................     6
Hon. Peter A. DeFazio, a Representative in Congress from the 
  State of Oregon, and Chair, Committee on Transportation and 
  Infrastructure, opening statement..............................     7
    Prepared statement...........................................     8
Hon. Sam Graves, a Representative in Congress from the State of 
  Missouri, and Ranking Member, Committee on Transportation and 
  Infrastructure, prepared statement.............................    63

                               WITNESSES
                                Panel 1

Hon. James R. Langevin, a Representative in Congress from the 
  State of Rhode Island, oral statement..........................    10
    Prepared statement...........................................    12

                                Panel 2

Heather Ansley, Associate Executive Director of Government 
  Relations, Paralyzed Veterans of America, oral statement.......    14
    Prepared statement...........................................    15
Brian Ryks, Executive Director and Chief Executive Officer, 
  Metropolitan Airports Commission, on behalf of Airports Council 
  International-North America, oral statement....................    21
    Prepared statement...........................................    23
Matt Scott, Three-Time Paralympic Medalist, Team U.S.A., oral 
  statement......................................................    25
    Prepared statement...........................................    27
Heather Krause, Director, Physical Infrastructure, U.S. 
  Government Accountability Office, oral statement...............    27
    Prepared statement...........................................    29
Graham Keithley, Vice President and Associate General Counsel, 
  Airlines for America, oral statement...........................    39
    Prepared statement...........................................    40

                       SUBMISSIONS FOR THE RECORD

Statement of Maynard Friesz, Vice President of Policy and 
  Advocacy, Cure SMA, Submitted for the Record by Hon. Rick 
  Larsen.........................................................    63
Statement of Kendra Davenport, President and CEO, Easterseals, 
  and Dr. Catherine ``Alicia'' Georges, Chair, Easterseals 
  National Board of Directors, Submitted for the Record by Hon. 
  Peter A. DeFazio...............................................    65
Statement of the Christopher & Dana Reeve Foundation.............    68

                                APPENDIX

Question from Hon. Henry C. ``Hank'' Johnson, Jr. to Brian Ryks, 
  Executive Director and Chief Executive Officer, Metropolitan 
  Airports Commission, on behalf of Airports Council 
  International-North America....................................    69
Question from Hon. Henry C. ``Hank'' Johnson, Jr. to Matt Scott, 
  Three-Time Paralympic Medalist, Team U.S.A.....................    69
Questions from Hon. Henry C. ``Hank'' Johnson, Jr. to Heather 
  Krause, Director, Physical Infrastructure, U.S. Government 
  Accountability Office..........................................    70
Question from Hon. Henry C. ``Hank'' Johnson, Jr. to Graham 
  Keithley, Vice President and Associate General Counsel, 
  Airlines for America...........................................    70


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                           November 14, 2022

    SUMMARY OF SUBJECT MATTER

    TO:      LMembers, Subcommittee on Aviation
    FROM:  LStaff, Subcommittee on Aviation
    RE:      LSubcommittee Hearing on ``Accessible Air Travel: 
Addressing Challenges for Passengers with Disabilities''
_______________________________________________________________________


                                PURPOSE

    The Subcommittee on Aviation will meet on Thursday, 
November 17, 2022, at 10:00 a.m. EST in 2167 Rayburn House 
Office Building and virtually via Zoom for a hearing titled, 
``Accessible Air Travel: Addressing Challenges for Passengers 
with Disabilities.'' The hearing will focus on issues related 
to the air travel experience for passengers with disabilities, 
from check-in at an airport to the baggage claim at their 
destination. Members will have the opportunity to hear from key 
stakeholders about what the federal government and U.S. 
aviation industry are doing to ensure these passengers have a 
safe and dignified experience. This hearing will also examine 
the implementation of the disability-related requirements of 
the Federal Aviation Administration (FAA) Reauthorization Act 
of 2018 and explore proposals to address ongoing barriers for 
passengers with disabilities.
    Witnesses include Rep. James R. Langevin (RI-02), 
representatives from the Paralyzed Veterans of America (PVA), 
the Metropolitan Airports Commission, the Government 
Accountability Office (GAO), Airlines for America (A4A), and 
three-time Team USA Paralympic Medalist Matt Scott.

                               BACKGROUND

I. OVERVIEW

    The U.S. Census Bureau estimates that 42.6 million 
Americans (nearly 13 percent of individuals) have a disability, 
which may include issues with physical mobility, hearing, 
vision, or cognition.\1\ While these Americans face various 
hurdles in their daily lives, air travel often presents 
additional unique challenges. For instance, airline passengers 
with disabilities may encounter non-accessible lavatories on 
aircraft, incur bodily harm when boarding or deplaning an 
aircraft, and frequently report lost, damaged, or otherwise 
mishandled mobility aids, such as wheelchairs and scooters.\2\ 
Additionally, people who use wheelchairs often face 
difficulties upon arrival at airports, including problems 
associated with the mishandling of their mobility aids, 
navigating through crowded terminals, and undergoing security 
screening.\3\ Such challenges can prevent passengers with 
disabilities from enjoying their air travel experience and may 
lead them to seek out alternative means of travel 
altogether.\4\
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    \1\ Gov't Accountability Office, GAO-21-354, Passengers with 
Disabilities: Airport Accessibility Barriers and Practices and DOT's 
Oversight of Airlines' Disability-Related Training (Apr. 2021).
    \2\ Amanda Morris, Embarrassing, uncomfortable and risky: What 
flying is like for passengers who use wheelchairs, The New York Times 
(Aug. 2022), available at: https://www.nytimes.com/2022/08/08/travel/
air-travel-wheelchair.html.
    \3\ Joseph Shapiro, Despite calls to improve, air travel is still a 
nightmare for many with disabilities, NPR (Nov. 2021), available at: 
https://www.npr.org/2021/11/09/1049814332/
despite-calls-to-improve-air-travel-is-still-a-nightmare-for-many-with-
disabilit.
    \4\ Statement of David Zurfluh, former National President, 
Paralyzed Veterans of America, A Work in Progress: Implementation of 
the FAA Reauthorization Act of 2018: Before the Subcomm. on Aviation of 
the House Transportation and Infrastructure Committee, 115th Cong. 
(Sept. 2019).
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    Congress passed the Air Carrier Access Act (ACAA) in 1986 
\5\ and the Americans with Disabilities Act (ADA) in 1990.\6\ 
These pieces of legislation were designed to prevent 
discrimination against people with disabilities in air travel 
and all other areas of public life, respectively.\7\ Although 
these laws have made tremendous strides toward ending 
disability-related discrimination, persistent gaps remain.\8\
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    \5\ 49 USC Sec.  41705.
    \6\ 42 USC Sec.  12101, et seq.
    \7\ Congressional Research Service, CRS Report No. IF12227, The 
Americans with Disabilities Act: A Brief Overview (Oct. 2022), 
available at: https://www.crs.gov/reports/pdf/IF12227/IF12227.pdf; CRS 
Report No. R43078, Airline Passenger Rights: The Federal Role in 
Aviation Consumer Protection (Aug. 2016), available at: https://
www.crs.gov/reports/pdf/R43078/R43078.pdf.
    \8\ Shapiro, supra note 3.
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II. AIR CARRIER ACCESS ACT (ACAA)

    The ACAA is the primary federal statute governing the 
rights of passengers with disabilities during air travel.\9\ 
The statue aims to address the unique difficulties faced by 
people with disabilities by (1) prohibiting discrimination on 
the basis of disability in air travel; (2) defining 
requirements regarding the accessibility of aircraft 
facilities; and (3) ensuring airlines provide certain services 
and accommodations for these passengers.\10\
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    \9\ Paralyzed Veterans of America, Air Carrier Access Act: 
Protecting passengers with disabilities, (2022), available at: https://
pva.org/research-resources/disability-rights-advocacy/air-carrier-
access-act/.
    \10\ DOT, Passengers with Disabilities, (Oct. 2022), available at: 
https://www.transportation.gov/
airconsumer/passengers-
disabilities#::text=About%20the%20Air%20Carrier%20Access,of
%20airlines%20under%20this%20law.
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    Before the ACAA was passed in 1986, people with 
disabilities often had no way of predicting the extent of a 
given airline's or flight crew's accommodations. It was common 
practice for people with disabilities to be forced to travel 
with an attendant at their own expense; be required to sit on a 
blanket for fear that they might soil the passenger seat; or 
simply be refused service.\11\ Passage of the ACAA helped to 
provide this community with improved air travel by setting 
clear standards regarding aircraft accessibility, seating 
accommodations, boarding and deplaning assistance, service 
animals, and screening, among other things.\12\
---------------------------------------------------------------------------
    \11\ Zurfluh, supra note 4, at 2.
    \12\ DOT supra note 8.
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    In 1990, the U.S. Department of Transportation (DOT) 
promulgated final rules under the ACAA defining the rights of 
passengers with disabilities and the obligations of air 
carriers under this law.\13\ The regulations, among other 
things:
---------------------------------------------------------------------------
    \13\ Id.
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     LProhibit air carriers from requiring a person 
with a disability to travel with an attendant; \14\
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    \14\ 14 CFR Sec.  382.29(a).
---------------------------------------------------------------------------
     LRequire widebody (twin-aisle) aircraft to include 
accessible lavatories, however, single-aisle aircraft may, but 
are not required to, provide an accessible lavatory; \15\
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    \15\ 14 CFR Sec.  382.63.
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     LRequire aircraft of a certain size to have 
priority storage space for wheelchairs, assistive devices, and 
other mobility aids in the aircraft cabin; \16\
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    \16\ 14 CFR Sec.  382.121(a).
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     LRequire air carriers to provide assistance with 
boarding and deplaning; \17\
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    \17\ 14 CFR Sec.  382.95.
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     LProhibit air carriers from charging passengers 
with disabilities for providing services and accommodations; 
\18\
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    \18\ 14 CFR Sec.  382.31.
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     LRequire air carriers to ensure contractors 
provide services to assist passengers with disabilities; \19\ 
and
---------------------------------------------------------------------------
    \19\ 14 CFR Sec.  382.15.
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     LRequire that air carriers designate ``complaints 
resolution officials'' to respond to disability-related 
complaints.\20\
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    \20\ 14 CFR Sec.  382.151.

    At the federal level, the DOT enforces the ACAA 
requirements along with other consumer protection 
standards.\21\ Specifically, the DOT's Office of Aviation 
Consumer Protection oversees air carriers' compliance with 
consumer protection laws and ensures implementation of 
regulations prohibiting discrimination against passengers with 
disabilities.\22\ The office's primary responsibilities include 
investigating disability-related complaints against airlines; 
promoting awareness of passenger rights through public 
education efforts; and assessing the need for and developing 
aviation consumer protection rules.\23\ According to the U.S. 
Bureau of Transportation Statistics (BTS), the DOT received 195 
disability-related complaints in August 2022, a decrease from 
the 248 disability-related complaints received the month prior, 
but an increase from the 109 complaints received in August 
2019.\24\
---------------------------------------------------------------------------
    \21\ GAO, supra note 1, at 6.
    \22\ Id. at 17.
    \23\ Id. at 18.
    \24\ U.S. Bureau of Transportation Statistics, Air Travel Consumer 
Report: August Consumer Complaints Up 6 Percent from July, More Than 
320 Percent Above Pre-Pandemic Levels (Oct. 2022), available at: 
https://www.bts.gov/newsroom/air-travel-consumer-report-august-
consumer-complaints-6-percent-july-more-320-percent.
---------------------------------------------------------------------------
    Although individuals with disabilities may enforce their 
rights under the ADA by bringing civil lawsuits, courts have 
held that the ACAA does not expressly provide for a private 
right of action.\25\ Thus, passengers with disabilities cannot 
enforce their rights under the ACAA through civil litigation in 
U.S. courts and must instead rely on the DOT to take corrective 
measures. Some disability rights groups continue to advocate 
for establishing a private right of action under the ACAA.\26\
---------------------------------------------------------------------------
    \25\ See Boswell v. Skywest Airlines, Inc., 361 F.3d 1263, 1265 
(10th Cir. 2004) (concluding that the ``ACAA establishes certain 
administrative remedies but not a private right of action'').
    \26\ Paralyzed Veterans of America, Priorities for the 2023 FAA 
Reauthorization, Aug. 2022, (notes on file, Committee on Transportation 
and Infrastructure, Subcommittee on Aviation).
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III. AMERICANS WITH DISABILITIES ACT (ADA)

    Enacted in 1990, the ADA prohibits discrimination against 
people with disabilities in public spaces.\27\ To achieve this, 
the ADA requires ``reasonable accommodations'' be made in order 
to render a good, service, facility, or privilege accessible to 
individuals with disabilities.\28\ The law provides broad 
nondiscrimination protection in areas of employment, public 
services, public accommodations, transportation (except air 
travel), and services operated by private entities for people 
with disabilities.\29\ The ADA includes several requirements 
for U.S. airports, such as:
---------------------------------------------------------------------------
    \27\ See ADA: A Brief Overview, supra note 7.
    \28\ Id.
    \29\ Id.
---------------------------------------------------------------------------
     LProviding accessible inter-terminal 
transportation, including but not limited to moving sidewalks, 
shuttle vehicles, and other people movers; \30\
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    \30\ 14 CFR Sec.  382.51.
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     LProviding access for people with disabilities 
between gates and aircraft, at loading bridges, and in 
passenger lounges; \31\
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    \31\ Id.
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     LEnsuring that informational media, such as flight 
information displays, include high-contrast captions or other 
features for those with visual or hearing impairments; \32\ and
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    \32\ Id.
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     LProviding passengers with disabilities with 
terminal facilities they can readily use.\33\
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    \33\ Id.

    The FAA's Office of Civil Rights oversees airport 
compliance with regards to the ADA and related statutes.\34\ 
The office's primary duties include investigating disability-
related complaints against airports; sharing best practices 
with U.S. airports; and developing and sharing guidance on key 
accessibility-related roles and legal responsibilities for 
airports and airlines.\35\
---------------------------------------------------------------------------
    \34\ GAO supra note 1 at 18.
    \35\ Id.
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IV. KEY ISSUES AFFECTING PASSENGERS WITH DISABILITIES DURING AIR TRAVEL

A. ACCESSIBLE AIRCRAFT LAVATORIES

    People with disabilities cite access to aircraft lavatories 
as one of the most persistent impediments to flying.\36\ If an 
aircraft does not have an accessible lavatory, some passengers 
resort to dehydrating themselves before a flight--which can 
cause adverse health effects--or avoid flying altogether.\37\ 
Under the ACAA, all new widebody (twin-aisle) aircraft must 
have accessible lavatories, but narrower (single-aisle) 
aircraft are exempted from this requirement.\38\
---------------------------------------------------------------------------
    \36\ Morris, supra note 2.
    \37\ DOT, U.S. Department of Transportation announces proposed rule 
to improve accessibility of lavatories on single-aisle aircraft, (March 
2022), available at: https://www.transportation.gov/
briefing-room/us-department-transportation-announces-proposed-rule-
improve-accessibility-lavatories.
    \38\ 14 CFR Sec.  382.63.
---------------------------------------------------------------------------
    There have been several efforts to address this issue in 
recent years. In 2016, the DOT established a negotiated 
rulemaking committee, the ACCESS Advisory Committee, to develop 
a compromised proposed rule on lavatory access with the 
disability rights community, air carriers, flight attendants, 
aircraft manufacturers, and other stakeholders.\39\ The DOT 
subsequently announced an agreement which included short-term 
and long-term actions to address barriers passengers with 
disabilities face when on board a single-aisle aircraft.\40\ 
Under the agreement, air carriers are required to take several 
steps to improve lavatory accessibility--short of increasing 
their size--three years after the effective date of the final 
rule.\41\ In addition, the DOT is required to develop improved 
safety and maneuverability standards for aircrafts' on-board 
(aisle) wheelchair.\42\ Furthermore, in the long-term, air 
carriers must provide accessible lavatories on single-aisle 
aircraft with at least 125 seats.\43\
---------------------------------------------------------------------------
    \39\ DOT, DOT Negotiated Rulemaking Committee agrees on future 
measures to improve accessibility of aircraft lavatories and in-flight 
entertainment, (Dec. 2016), available at: https://
www.transportation.gov/briefing-room/dot-negotiated-rulemaking-
committee-agrees-future-
measures-improve-accessibility.
    \40\ Id.
    \41\ Id.
    \42\ Id.
    \43\ Id.
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    More recently, in March 2022, the DOT published a notice of 
proposed rulemaking (NPRM) to improve the accessibility of 
lavatories for people with disabilities on new single-aisle 
aircraft.\44\ Specifically, the proposed rule would require air 
carriers to make at least one lavatory on new single-aisle 
aircraft with more than 125 seats large enough to allow a 
passenger with a disability (with the help of an assistant, if 
necessary) to approach, enter, and maneuver within the 
lavatory, use all facilities in the lavatory, and exit using 
the aircraft's onboard wheelchair.\45\ This requirement would 
apply to new aircraft ordered 18 years after the final rule's 
effective date or delivered 20 years after the final rule's 
effective date.\46\
---------------------------------------------------------------------------
    \44\ DOT, U.S. Department of Transportation announces proposed rule 
to improve accessibility of lavatories on single-aisle aircraft, (March 
2022), https://www.transportation.gov/
briefing-room/us-department-transportation-announces-proposed-rule-
improve-accessibility-lavatories.
    \45\ Id.
    \46\ Id.
---------------------------------------------------------------------------
    Section 426 of the FAA Reauthorization Act of 2018 (``2018 
FAA reauthorization law'') required the Government 
Accountability Office (GAO) to study lavatory access on 
aircraft, including accessibility for passengers with 
disabilities.\47\ The GAO issued the report in January 2020, 
which found that aircraft manufacturers offer designs for 
onboard lavatories that are designed to accommodate passengers 
using onboard wheelchairs, but air carriers generally choose 
not to acquire this option for their single-aisle aircraft.\48\ 
In response to the report, air carriers argued that they 
consider several factors when ordering aircraft lavatories, 
including financial and service tradeoffs, such as potentially 
losing seats or reduced food and beverage service for 
passengers.\49\
---------------------------------------------------------------------------
    \47\ Pub. L. No. 115-254, Sec.  426.
    \48\ GAO, GAO-20-258, Aviation Consumer Protection: Few U.S. 
Aircraft Have Lavatories Designed to Accommodate Passengers with 
Reduced Mobility (Jan. 2020).
    \49\ Id.
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B. PREVENTING DAMAGE TO MOBILITY AIDS 

    Mobility aids--such as wheelchairs, scooters, or other 
assistive devices--not only provide a means of transport for 
many people with disabilities, but also can be critical tools 
to help facilitate communication and manage serious health 
conditions. If wheelchairs or other mobility aids are damaged, 
delayed, or lost, it has the potential to limit a person's 
mobility and impose costly repairs or replacement.\50\ Although 
the ACAA details several responsibilities that air carriers 
must comply with to prevent discrimination against passengers 
who utilize mobility aids,\51\ there continues to be 
significant concern among passengers with disabilities over the 
handling of mobility aids and air carriers' ability to assist 
the people who use them.\52\ According to recent BTS data, air 
carriers reported mishandling 1,057 wheelchairs and scooters (a 
rate of 1.56 percent) in August 2022; however, this is lower 
than the rate of 1.63 percent mishandled in the previous month 
and the rate of 1.58 percent mishandled in August 2019.\53\
---------------------------------------------------------------------------
    \50\ Hannah Sampson, Airlines have lost or damaged more than 15,000 
wheelchairs since late 2018, The Washington Post (June 2021), available 
at: https://www.washingtonpost.com/
travel/2021/06/07/wheelchair-scooter-damage-airplane-flights/.
    \51\ 14 CFR Part 382.
    \52\ Sampson, supra note 43.
    \53\ BTS supra note 22.
---------------------------------------------------------------------------
    Several provisions in the 2018 FAA reauthorization law aim 
to address these concerns. Section 433 required the DOT to 
develop, if appropriate, specific recommendations regarding 
improvements to wheelchair assistance and related employee 
training provided by air carriers.\54\ The law also increases 
the amount of a civil penalty assessed as a result of damage to 
a passenger's wheelchair or other mobility aid.\55\ Further, it 
required the DOT to implement a rule it had previously delayed 
requiring large air carriers to report on a monthly basis the 
number of wheelchairs and scooters emplaned and subsequently 
lost, damaged, or otherwise mishandled.\56\
---------------------------------------------------------------------------
    \54\ Pub. L. No. 115-254, Sec.  433.
    \55\ Pub. L. No. 115-254, Sec.  436.
    \56\ Pub. L. No. 115-254, Sec.  441.
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C. ACCESSIBLE AIRPORT FACILITIES

    Despite ongoing efforts by the federal government and U.S. 
aviation industry, barriers to accessible facilities for 
passengers with disabilities persist. For instance, 
infrastructure challenges such as complex airport terminal 
layouts and long distances between gates may be difficult for 
people with different types of disabilities to navigate.\57\ In 
addition, essential travel information is not always available 
in a format accessible to all (e.g., a person with hearing loss 
could miss important gate information that is only provided 
over a loudspeaker).\58\
---------------------------------------------------------------------------
    \57\ GAO supra note 1 at 2.
    \58\ Id.
---------------------------------------------------------------------------
    The ADA requires public and private facilities, including 
airports, to allow people with disabilities who use manual or 
power wheelchairs or scooters and manually powered mobility 
aids, such as walkers or crutches, into all public areas.\59\ 
Additionally, under Section 504 of the Rehabilitation Act of 
1973 (which prohibited discrimination against people with 
disabilities in federal programs and among federal grant 
recipients), and implemented by Section 27.1(b) of Title 49 of 
the Code of Federal Regulations, airport operators receiving 
federal funding must ensure that terminal facilities and 
terminal services are readily accessible to and usable by 
individuals with disabilities, including those using 
wheelchairs.\60\ The ADA also requires that any new airports 
and airport expansions or renovations that are supported by 
federal funding meet minimum accessibility standards.\61\
---------------------------------------------------------------------------
    \59\ U.S. Dept. of Justice (DOJ), Civil Rights Division, 
Wheelchairs, Mobility Aids and Other Power-Driven Mobility Devices, 
January 31, 2014, available at https://www.ada.gov/opdmd.htm.
    \60\ 49 CFR Sec.  27.71(b).
    \61\ GAO supra note 1 at 13.
---------------------------------------------------------------------------
    To address outstanding accessibility issues, the 2018 FAA 
reauthorization law required the development of an ``Airline 
Passengers with Disabilities Bill of Rights'' describing basic 
protections for people with disabilities, among other 
things.\62\ In July 2022, the DOT published this document, and 
included such protections as the right to assistance at 
airports and the right to accessible airport facilities.\63\ 
Section 440 of the law also directed the DOT to review, and if 
necessary, revise regulations to ensure that passengers with 
disabilities requesting assistance during air travel receive 
dignified, timely, and effective assistance at airports.\64\ 
More recently, in November 2021, President Biden signed the 
Infrastructure Investment and Jobs Act (IIJA), into law.\65\ 
Among its provisions, the law provided approximately $5 billion 
in funding under the new Airport Terminal Program (ATP).\66\ 
Among other uses, ATP grants can support airport terminal 
projects designed to improve compliance with the ADA, including 
expanding accessibility for people with disabilities.
---------------------------------------------------------------------------
    \62\ Pub. L. No. 115-254, Sec.  434.
    \63\ DOT, DOT announces first-ever Bill of Rights for passengers 
with disabilities, calls on airlines to seat families together free of 
charge, (July 2022), available at: https://www.transportation.gov/
briefing-room/dot-announces-first-ever-bill-rights-passengers-
disabilities-calls-airlines-seat.
    \64\ Pub. L. No. 115-254, Sec.  440.
    \65\ Public L. No. 117-58.
    \66\ Id.
---------------------------------------------------------------------------

D. SERVICE ANIMALS

    Many people with disabilities use a service animal in order 
to fully participate in everyday life. These animals can be 
trained to perform a number of important tasks to assist people 
with disabilities, such as providing stability for a person who 
has difficulty walking, preventing a child with autism from 
wandering away, or alerting a person with hearing loss when 
someone is approaching them from behind.\67\
---------------------------------------------------------------------------
    \67\ DOJ, DOJ Civil Rights Division, Frequently Asked Questions 
about Service Animals and the ADA, (July 2015), available at https://
www.ada.gov/regs2010/service_animal_qa.html.
---------------------------------------------------------------------------
    Section 437 of the 2018 FAA reauthorization law directed 
the DOT to define ``service animal'' and to develop minimum 
requirement standards for passengers bringing service and 
emotional support animals in aircraft cabins.\68\ After 
receiving more than 15,000 comments on the NPRM, the DOT issued 
a final rule on traveling by air with service animals in 
December 2020.\69\ Among its provisions, the final rule:
---------------------------------------------------------------------------
    \68\ Pub. L. No. 115-254, Sec.  437.
    \69\ DOT, U.S. Department of Transportation Announces Final Rule on 
traveling by air with Service Animals, (Dec. 2020), available at: 
https://www.transportation.gov/
briefing-room/us-department-transportation-announces-final-rule-
traveling-air-service-animals
---------------------------------------------------------------------------
     LDefines a service animal as a dog, of breed or 
type, that is individually trained to do work or perform tasks 
for the benefit of a person with a disability;
     LNo longer considers an emotional support animal 
to be a service animal;
     LAllows airlines to require forms developed by the 
DOT attesting to a service animal's health, behavior, and 
training. Individuals traveling with a service animal are 
required to submit the forms up to 48 hours in advance of the 
date of travel if the passenger's reservation was made prior to 
that time;
     LLimits the number of service animals traveling 
with a single passenger with a disability to two service 
animals; and
     LAllows airlines to require a service animal to 
fit within its handler's foot space on the aircraft, and be 
harnessed, leashed, or tethered at all times in the airport and 
on the aircraft.\70\
---------------------------------------------------------------------------
    \70\ Id.

    According to the DOT, there were several ``compelling needs 
---------------------------------------------------------------------------
to revise'' the previous service animal regulations, including:

        1) [T]he increasing number of service animal complaints 
        received from passengers with disabilities; 2) inconsistent 
        definitions of `service animal' among federal agencies; 3) 
        disruptions caused by requests to transport unusual species of 
        animals onboard aircraft; 4) the increasing frequency of 
        incidents of travelers fraudulently representing their pets as 
        service animals; and 5) the reported increase in the incidents 
        of misbehavior by emotional support animals.\71\
---------------------------------------------------------------------------
    \71\ DOT, Traveling by Air with Service Animals, RIN 2105-AE63, 
(Dec. 2020), available at: https://www.transportation.gov/sites/
dot.gov/files/2020-12/Service%20Animal%20Final%20
Rule.pdf.
---------------------------------------------------------------------------

E. TRANSPORTATION SECURITY ADMINISTRATION (TSA) SCREENING PROCEDURES

    For passengers with disabilities, especially those using 
mobility aids, the screening process at airport security 
checkpoints poses unique challenges. Passengers with mobility-
related disabilities can be screened through a metal detector, 
advanced imaging technology, or receive a pat-down by a TSA 
officer.\72\ TSA officers will also screen wheelchairs and 
scooters, including seat cushions and any non-removable 
components; other mobility aids and devices must undergo X-ray 
screening.\73\ If a passenger uses the TSA PreCheck program, 
they can usually avoid these requirements; however, like other 
participants in this program, they could be subject to 
randomized screening, including pat-downs.\74\
---------------------------------------------------------------------------
    \72\ TSA, Disabilities and Medical Conditions, available at https:/
/www.tsa.gov/travel/special-procedures.
    \73\ Id.
    \74\ Id.
---------------------------------------------------------------------------
    The 2018 FAA reauthorization law directed TSA to, in 
consultation with nationally-recognized veterans and disability 
organizations, revise the training requirements for TSA 
officers related to the screening of passengers with 
disabilities, develop best practices for addressing the 
concerns for passengers with disabilities, clarify how to 
address mistreatment, and submit an annual report to 
Congress.\75\ In October 2019, TSA released its first report 
describing efforts to update security screening procedures.\76\ 
According to the report, TSA's changes include:
---------------------------------------------------------------------------
    \75\ Pub. L. No. 115-254, Sec.  1950.
    \76\ TSA, TSA's improvements for screening of passengers with 
disabilities, (Oct. 2019), available at: https://pva.org/wp-content/
uploads/2021/10/tsas-improvements-for-screening-of-passengers-
with-disabilities_final_10-3-19_1.pdf
---------------------------------------------------------------------------
     LRefining new hire training to provide more 
exposure to situations involving passengers with disabilities 
at a simulated checkpoint;
     LChanging on-the-job training to expose officers 
to a broader variety of screening situations involving 
individuals with disabilities;
     LImproving recurrent training, along with 
customized training scenarios to reinforce proper communication 
with, and screening of, individuals with certain types of 
disabilities and medical conditions.\77\
---------------------------------------------------------------------------
    \77\ Id.
---------------------------------------------------------------------------

                               WITNESSES

PANEL 1

     LRep. James R. Langevin (RI-02)

PANEL 2

     LHeather Ansley, Associate Executive Director of 
Government Relations, Paralyzed Veterans of America
     LBrian Ryks, Executive Director and CEO, 
Metropolitan Airports Commission, on behalf of Airports Council 
International-North America
     LMatt Scott, Three-Time Paralympic Medalist, Team 
USA
     LHeather Krause, Director, Physical 
Infrastructure, Government Accountability Office
     LGraham Keithley, Vice President and Associate 
General Counsel, Airlines for America


 
   ACCESSIBLE AIR TRAVEL: ADDRESSING CHALLENGES FOR PASSENGERS WITH 
                              DISABILITIES

                              ----------                              


                      THURSDAY, NOVEMBER 17, 2022

                  House of Representatives,
                          Subcommittee on Aviation,
            Committee on Transportation and Infrastructure,
                                                    Washington, DC.
    The subcommittee met, pursuant to call, at 10 a.m., in room 
2167 Rayburn House Office Building and via Zoom, Hon. Rick 
Larsen (Chairman of the subcommittee) presiding.
    Members present in person: Mr. Larsen of Washington, Mr. 
DeFazio, Mr. Cohen, Ms. Davids of Kansas, Mr. Stanton, Mr. 
Lamb, Mr. Graves of Louisiana, Mr. Mast, Mr. Stauber, Mr. 
Burchett, and Mr. Nehls.
    Members present remotely: Mr. Carson, Ms. Williams of 
Georgia, Mr. Johnson of Georgia, Ms. Titus, Mr. DeSaulnier, Mr. 
Allred, Ms. Norton, Mr. Fitzpatrick, Dr. Van Drew, and Mrs. 
Steel.
    Mr. Larsen of Washington. The committee will come to order.
    I ask unanimous consent that the chair be authorized to 
declare a recess at any time during today's hearing.
    Without objection, so ordered.
    I also ask unanimous consent that Members not on the 
subcommittee be permitted to sit with the subcommittee at 
today's hearing and ask questions.
    Without objection, so ordered.
    As a reminder to all, please keep your microphone muted 
unless speaking. Should I hear any inadvertent background 
noise, I will request that the Member please mute their 
microphone.
    To insert a document into the record, please have your 
staff email it to [email protected].
    So, I will now recognize myself for an opening statement.
    Good morning, and welcome to today's Aviation Subcommittee 
hearing, titled ``Accessible Air Travel: Addressing Challenges 
for Passengers with Disabilities.''
    In my home State of Washington and across the country, the 
aviation sector is recovering from the COVID-19 pandemic. The 
number of flights and passengers is approaching pre-pandemic 
levels. This past Tuesday, the Transportation Security 
Administration recorded nearly 1.9 million passengers screened 
across the country. That number is 99 percent of the total for 
the same date in 2019 and over 300 percent of the total for the 
same date in 2020.
    However, one group that continues to face challenges in air 
travel is people with disabilities. So, to improve equity for 
all air travelers, Congress must understand the challenges 
these passengers face, from the curb to the gate and back 
again, to ensure the rights and safety of all airline 
passengers.
    I first would like to welcome my friend, Representative Jim 
Langevin of the great State of Rhode Island. I have had the 
privilege of serving with Representative Langevin on the Armed 
Services Committee for the last 22 years. I know how committed 
he is to improving the lives of Americans with disabilities. 
And he is retiring at the end of the year. And so, I want to 
stop briefly and thank Jim for his long service to the U.S. 
Congress, the Nation, and your constituents in Rhode Island.
    The Air Carrier Access Act became law in 1986 and prohibits 
discrimination against passengers with disabilities in air 
travel. Following the law's enactment, the U.S. Department of 
Transportation issued regulations that required airlines to 
require aircraft accessibility features, boarding and deplaning 
assistance, seating accommodations, and other aids.
    Congress should discuss how to modernize the law's language 
to meet current challenges facing passengers with disabilities. 
And we all look forward to hearing from Representative Langevin 
about ideas to do just that.
    And, thanks to this committee, the FAA Reauthorization Act 
of 2018 included several provisions to improve air travel 
accessibility for passengers with disabilities. DOT drafted an 
Airline Passengers with Disabilities Bill of Rights, which was 
released in July; issued a final rule to clarify the definition 
of a service animal; began reporting data on mishandled 
wheelchairs; and established an advisory committee on the air 
travel needs of passengers with disabilities.
    Additionally, the 2018 law directed the GAO to examine best 
practices in airport accessibility and airline training 
initiatives related to assisting passengers with disabilities.
    And although the 2018 law made good policy changes, it is 
still critical for Congress to hear from the people who are 
most impacted by these policies to examine what is working and 
what can be improved in future legislation.
    In November of 2019, I chaired a subcommittee roundtable to 
better understand the challenges that passengers with 
disabilities face, including the aircraft boarding and 
deplaning process, inaccessible onboard lavatories, 
inappropriate screening techniques, and damaged wheelchairs and 
mobility aids.
    Subsequently, in a report in April of 2021, GAO found that 
passengers with disabilities continue to face ``infrastructure, 
information, and customer service barriers at U.S. airports.''
    So, we will be interested to hear from Heather Krause from 
the GAO on any updates to that report and other items from the 
2018 law that have yet to be operationalized.
    I look forward, as we all look forward, to hearing from 
Brian Ryks with the Metropolitan Airports Commission in 
Minnesota, the Minneapolis-Saint Paul area, about airports' 
efforts to break down barriers for passengers with 
disabilities.
    Improving equity throughout the aviation system means 
improving airport accessibility. As I mentioned, passengers 
with disabilities face challenges at U.S. airports regarding 
how terminals are designed and constructed. So, to help address 
these issues, Congress passed and President Biden signed the 
Bipartisan Infrastructure Law a little over a year ago. Thanks 
to the BIL, the Department of Transportation will invest $5 
billion over the next 5 years to modernize our Nation's airport 
terminals by, among other things, helping to provide greater 
accessibility for individuals with disabilities.
    This summer, the DOT awarded the first $1 billion in 
funding for these projects, with 73 grants specifically 
designed for projects to improve accessibility, including one 
at Sea-Tac in Washington State, where they were awarded $10 
million for terminal updates that will make restrooms more 
accessible.
    Here in the DC area, Dulles International was awarded 
nearly 50--5-0--$50 million to construct a new 14-gate 
concourse which will be able to better serve all passengers, 
including passengers with disabilities.
    Dexter Regional Airport in Maine and general aviation 
airports like Rosecrans Memorial Airport in Missouri are also 
receiving Federal funding to improve accessibility.
    I look forward to hearing from our panelists from the 
aviation sector and disability community advocates on what 
issues are most pressing and what solutions should be 
considered.
    As we look forward to the 2023 FAA reauthorization bill, 
this subcommittee must find ways to enhance the air travel 
experience for people with disabilities. And this includes all 
people with disabilities, including people in wheelchairs as 
well as those who may be deaf, blind, or have other types of 
mental or physical disabilities.
    Today's witnesses will provide much-needed insight into the 
issues facing this particular community, how U.S. airports and 
airlines are working to find solutions, and how Congress can be 
a better partner in these efforts to ensure the future of U.S. 
air travel remains bright for all passengers.
    Thank you, and I look forward to working with everyone 
collaboratively.
    [Mr. Larsen's prepared statement follows:]

                                 
 Prepared Statement of Hon. Rick Larsen, a Representative in Congress 
   from the State of Washington, and Chair, Subcommittee on Aviation
    Good morning and welcome to today's Aviation Subcommittee hearing 
titled ``Accessible Air Travel: Addressing Challenges for Passengers 
with Disabilities.''
    In my home state of Washington and across the country, the aviation 
sector is recovering from the COVID-19 pandemic.
    The number of flights and passengers is approaching pre-pandemic 
levels.
    This Tuesday, the Transportation Security Administration (TSA) 
recorded nearly 1.9 million passengers screened across the country.
    That number is 99 percent of the total for the same date in 2019, 
and over 300 percent of the total for the same date in 2020.
    However, one group that continues to face challenges in air travel 
is people with disabilities.
    To improve equity for all air travelers, Congress must understand 
the challenges these passengers face, from the curb to the gate and 
back again, to ensure the rights and safety of all airline passengers.
    I would first like to welcome my friend, Representative Jim 
Langevin of Rhode Island.
    I have the privilege of serving with Representative Langevin on the 
Armed Services Committee for the last 22 years, and I know how 
committed he is to improving the lives of Americans with disabilities.
    The Air Carrier Access Act became law in 1986 and prohibits 
discrimination against passengers with disabilities in air travel.
    Following the law's enactment, the U.S. Department of 
Transportation (DOT) issued regulations that required airlines to 
require aircraft accessibility features, boarding and deplaning 
assistance, seating accommodations and other aids.
    Congress should discuss how to modernize the law's language to meet 
current challenges facing passengers with disabilities.
    I look forward to hearing from Representative Langevin about his 
ideas to do just that.
    Thanks to this Committee, the FAA Reauthorization Act of 2018 
included several provisions to improve air travel accessibility for 
passengers with disabilities. Under the 2018 law, DOT:
      Drafted an ``Airline Passengers with Disabilities Bill of 
Rights,'' which was released in July;
      Issued a final rule to clarify the definition of a 
service animal;
      Began reporting data on mishandled wheelchairs; and 
established an ``Advisory Committee on the Air Travel Needs of 
Passengers with Disabilities,'' among other actions.

    Additionally, the 2018 law directed the Government Accountability 
Office (GAO) to examine best practices in airport accessibility and 
airlines' training initiatives related to assisting passengers with 
disabilities.
    Although the 2018 law made good policy changes, it is critical for 
Congress to hear from the people most impacted by these policies to 
examine what is working and what can be improved in future legislation.
    In November 2019, I chaired a subcommittee roundtable to better 
understand the challenges passengers with disabilities face, including 
the aircraft boarding and deplaning process, inaccessible onboard 
lavatories, inappropriate screening techniques, and damaged wheelchairs 
and mobility aids.
    Subsequently, in a report issued in April 2021, GAO found that 
passengers with disabilities continue to face ``infrastructure, 
information and customer service barriers at U.S. airports.''
    I'm interested to hear from Heather Krause with GAO on any updates 
to that report and other items from the 2018 law that have yet to be 
operationalized.
    I also look forward to hearing from Brian Ryks with the 
Metropolitan Airports Commission about airports' efforts to break down 
barriers for passengers with disabilities.
    Improving equity throughout the aviation system means improving 
airport accessibility.
    As mentioned, passengers with disabilities face challenges at U.S. 
airports regarding how terminals are designed and constructed.
    To help address these issues, Congress passed and President Biden 
signed the Bipartisan Infrastructure Law one year ago.
    Thanks to the BIL, DOT will invest $5 billion over the next five 
years to modernize our nation's airport terminals by, among other 
things, helping to provide greater accessibility for individuals with 
disabilities.
    This summer, DOT awarded the first $1 billion in funding for these 
projects, with 73 grants specifically designed for projects to improve 
accessibility.
    In Washington state, Seattle-Tacoma International Airport was 
awarded $10 million for terminal updates to make restrooms more 
accessible.
    In the Washington, D.C., area, Dulles International Airport was 
awarded nearly $50 million to construct a new 14-gate concourse to 
better serve passengers with disabilities.
    Regional airports like Dexter Regional in Maine and general 
aviation airports like Rosecrans Memorial Airport in Missouri are also 
receiving federal funding to improve accessibility.
    I look forward to hearing from our panelists from the aviation 
sector and disability community advocates on what issues are most 
pressing and what solutions should be considered.
    As we look forward to the 2023 FAA reauthorization bill, this 
Subcommittee must find ways to enhance the air travel experience for 
people with disabilities. And this includes ALL people with 
disabilities, including people in wheelchairs as well as those who may 
be deaf, blind or have other types of mental or physical disabilities.
    Today's witnesses will provide much-needed insight into the issues 
facing this community, how U.S. airports and airlines are working to 
find solutions, and how Congress can be a better partner in these 
efforts to ensure the future of U.S. air travel remains bright for all 
passengers.
    Thank you, and I look forward to collaboratively tackling these 
issues.

    Mr. Larsen of Washington. And I would now turn to the 
ranking member, Mr. Graves of Louisiana, for an opening 
statement.
    Mr. Graves of Louisiana. Thank you, Mr. Chairman.
    And thank you to our witnesses. I appreciate you all being 
here.
    I want to give a special thank you to Representative 
Langevin for your testimony today, for being here, and for 
sharing your personal experiences with travel to help improve 
legislation to ensure that the experience is improved for all 
passengers.
    It is no secret that we fly a lot. Even before the 
pandemic, flying in this country had a number of challenges. 
And you often hear people that isolate certain parts of the 
travel experience. Maybe it is something bad that happened with 
TSA. Maybe it was their luggage. Maybe it was a bad experience 
parking or something along those lines. I think what is most 
important is that we look at this entire experience 
cumulatively.
    I think you have to think about the packing that the 
families have to do, the getting to the airport, the parking at 
the lots, the shuttle to the airport, the checking in, 
potentially paying for baggage, going through security, paying 
$10 for water and $12 for a granola bar at the airport. If you 
are late, maybe you get to pay a change-of-ticket fee. You have 
to line up, in many cases, like cattle calls, getting in; 
sitting in seats that in some cases cause challenges.
    Look, this whole experience has to be looked at 
cumulatively. Then you land at the other airport, and you go 
through it all over again. We can't look at just one single 
piece of it. We have to look at the cumulative experience and 
ensure that every party, whether, again, it is the parking lot 
vendors, it is the shuttles, it is the airport security, the 
airports, or other components of the experience, are all 
working together in a complementary manner and help to 
decompress that experience, especially for those with 
additional challenges.
    At the end of the day, you have paid hundreds of dollars, 
or maybe even thousands by the time you add in the tax dollars 
going to the airports and other entities involved, for the 
privilege of this experience that, in many cases, as we all 
know, has negative consequences.
    Keep in mind, that is the baseline experience for most 
passengers. Now, imagine if you are a disabled or differently 
abled passenger. Individuals with disabilities already face 
unique challenges in everyday life, and it is especially true 
during air travel. It is no wonder many disabled passengers 
choose not to travel by air and, in turn, miss out on important 
family functions or work opportunities.
    We are here to discuss those overwhelming challenges, 
everything from the check-in kiosk to baggage claim at the 
destination.
    Just last month was the 36th anniversary of the passage of 
the Air Carrier Access Act, an important piece of legislation 
that prohibits the discrimination of persons with disabilities 
during air travel. While great advancement has been made in 
addressing barriers to access for those in the disability 
community, as we are going to learn today, many barriers still 
exist.
    In August of this year, there were 195 disability-related 
complaints reported during air travel--195. Furthermore, there 
were over 1,000 reports of mishandled wheelchairs or scooters. 
As air travel continues to grow and be a necessary mode of 
transportation, it is important that we address these issues.
    The 2018 FAA Reauthorization Act included a bipartisan 
subtitle addressing issues related to aviation consumers with 
disabilities. As the chairman noted, we covered a number of 
improvements, including the GAO report that was issued last 
year recommending some additional actions.
    This included establishment of the Air Carrier Access Act 
Advisory Committee tasked with investigating different aspects 
of the travel experience and providing recommendations to 
address air travel needs. It required a review of practices for 
ticketing, preflight assignments, and stowing of assistive 
devices to ensure that individuals with disabilities receive 
necessary accommodations. Furthermore, it called for a disabled 
passengers bill of rights, among other provisions.
    It is important to understand what has been accomplished 
and what work remains to be done as we look forward to the 
future and decide how we can improve.
    Collaboration from the aviation industry and relevant 
stakeholders, as I noted at the beginning, is absolutely key to 
this comprehensive experience that air travelers go through 
whenever they are getting on planes or going to the airports or 
leaving airports, and I think it is key to our shared goal of 
addressing issues that passengers with disabilities face. We 
should continue to work together on provisions in the 2018 FAA 
reauthorization and ensure that passengers with disabilities 
have a dignified experience.
    [Mr. Graves of Louisiana's prepared statement follows:]

                                 
Prepared Statement of Hon. Garret Graves, a Representative in Congress 
   from the State of Louisiana, and Ranking Member, Subcommittee on 
                                Aviation
    Thank you, Mr. Chairman, and thank you to our witnesses.
    It's no secret that, as Members of Congress, we fly a lot. We can 
all tell you that even before the pandemic, flying in this country had 
a number of challenges that reflect the cumulative travel experience: 
getting to the airport, finding parking, shuttling to the airport, the 
checking-in process, potentially paying for baggage, going through 
security, paying $10 for water and $12 for a granola bar. If you are 
late, maybe you get to pay a fee for a change in the ticket, and you 
might be sitting in a seat that isn't exactly the most comfortable. 
Then you have to land at the other airport, and you go through it all 
over again.
    Keep in mind, that's the baseline experience for most passengers. 
Now imagine if you are disabled or a differently-abled passenger. 
Individuals with disabilities already face challenges in everyday life. 
It is especially true during air travel. It's no wonder many disabled 
passengers choose not to travel by air and in turn miss out on 
important family functions or work opportunities.
    We are here to discuss those overwhelming challenges, and I want to 
thank my colleague Rep. Langevin in particular for appearing today to 
share his personal experience to support our work of ensuring access to 
air travel to passengers of all abilities.
    Just last month was the 36th anniversary of the passage of the Air 
Carrier Access Act, an important piece of legislation that prohibits 
the discrimination of a person with disabilities during air travel. 
While great advancement has been made in addressing barriers to access 
for those in the disability community, we are going to learn today many 
barriers still exist.
    In August of this year, there were 195 disability-related 
complaints reported during air travel. Furthermore, there were over 
1,000 reports of mishandled wheelchairs or scooters.
    As air travel continues to grow, it's important that we address 
these issues. The 2018 FAA Reauthorization Act included a specific 
bipartisan subtitle addressing issues related to aviation consumers 
with disabilities. As the Chairman noted, we covered a number of 
improvements including the GAO report that was issued last year 
recommending some additional actions.
    We also established of the Air Carrier Access Act Advisory 
Committee tasked with investigating different aspects of travel 
experience and providing recommendations to address air travel needs. 
It required a review of practices for ticketing pre-flight assignments 
and stowing of assisted devices, to ensure that individuals with 
disabilities receive necessary accommodations, and called for a 
disabled passenger bill of rights among other provisions.
    It's important to understand what has been accomplished and what 
work remains to be done as we look forward to the future and decide how 
we can improve.
    Collaboration throughout the aviation industry is absolutely key to 
creating this positive comprehensive experience which supports all 
passengers having a dignified flying experience, and I look forward to 
building on the 2018 bill ahead of next year's reauthorization of the 
Federal Aviation Administration.

    Mr. Graves of Louisiana. Again, thank you, Mr. Chairman, 
for holding this hearing. I yield back.
    Mr. Larsen of Washington. Thank you, Representative Graves.
    I now turn to the chair of the full committee, Mr. DeFazio 
of the great State of Oregon.
    Mr. DeFazio. Well, thanks, Chair Larsen, for calling this 
important hearing on improving the air travel experience for 
passengers with disabilities.
    A lot of people don't know that, actually, my background 
before I got into politics and all that was, I was a 
rehabilitation counselor. So, I am quite familiar with some of 
the struggles. And part of our training was we had to spend a 
week in a wheelchair. In those days, we didn't have curb cuts; 
it was even worse than it is now. And you really begin to 
appreciate the struggles of people with disabilities.
    It is important to have the stakeholders here today to talk 
about how we can improve this experience. I mean, the industry 
is recovering wonderfully. This committee acted to save the 
airline industry. But, despite that recovery and a lot of 
profitability, we aren't seeing a big improvement in the 
experience for passengers with disabilities, and it is past 
time that that happen.
    Just a few examples. Just last month, a passenger was 
stranded at Orlando Airport for 5 hours after an airline lost 
their $22,000 wheelchair. This summer, an airline destroyed 
another passenger's wheelchair, then significantly damaged his 
replacement chair 3 weeks later. Earlier this year, a passenger 
was delayed getting her wheelchair at Newark, only to discover 
it had been left on the tarmac for nearly an hour. The list 
goes on and on.
    It is not excusable for this to be happening. These are 
special items, sometimes irreplaceable or nearly irreplaceable 
items and certainly in the short term. This has got to change.
    They say, well, things are better, they only mishandled 
1.56 percent. Well, that is 1,057 wheelchairs and scooters in 1 
month that have been mishandled, damaged, gone missing, 
whatever. That is not an acceptable statistic.
    And I can only imagine what things would be like if we 
hadn't, as referenced by the ranking member, in a bipartisan 
way, if we hadn't included measures in the FAA reauthorization 
in 2018 creating the Air Carrier Access Act Advisory Committee.
    And DOT is still now working on rules to address safety 
issues relating to assistance with wheelchairs and mobility 
aids and clarifying airlines' responsibility to provide prompt 
assistance upon request to passengers with disabilities to 
navigate within the airport, including examining whether to 
require hands-on training for airline employees or their 
contractors who are responsible for helping folks in the 
airport.
    We have, as again referenced by the ranking member, a GAO 
report about problems, accessible lavatories and others. And we 
have the first ever Airline Passengers with Disabilities Bill 
of Rights, which outlines basic protections for passengers with 
disabilities and responsibilities of the aviation industry 
under the Air Carrier Access Act.
    So, we have made some progress. But, as I mentioned above, 
there is a lot more to do. I think we could be able to get to 
the point where they don't lose or damage any assistive 
devices. I don't think that is too much to ask. There are other 
issues to be resolved.
    It has been three decades--I have been here 36 years, and I 
was in my second term when the Americans with Disabilities Act 
was passed, signed by G.H.W. Bush and significantly amended in 
2008 and signed by G.W. Bush. This has always been a bipartisan 
issue, and we should be able to make more progress. We want to 
give all air passengers a dignified experience, and that 
includes, obviously, people with disabilities.
    So, I want to thank my colleague and friend Jim Langevin 
for his service, his incredible advocacy on this issue to help 
move the ball, help to make things better for other passengers 
with disabilities, and I congratulate him on a job well done. 
He has served his district well. He is going to retire, as am 
I, but we are not going to go away on this issue.
    So, with that, Mr. Chairman, I yield back.
    [Mr. DeFazio's prepared statement follows:]

                                 
   Prepared Statement of Hon. Peter A. DeFazio, a Representative in 
      Congress from the State of Oregon, and Chair, Committee on 
                   Transportation and Infrastructure
    Thank you, Chair Larsen, for calling today's hearing on improving 
the air travel experience for passengers with disabilities.
    Three years ago, this subcommittee held the first roundtable on air 
travel accessibility in its recent history. This is an important issue, 
and I am pleased that we have convened today's panels of key 
stakeholders to continue this discussion.
    As we all know, the last few years have been turbulent for the U.S. 
aviation industry with passengers, airlines and airports forced to 
weather immense uncertainty in the midst of a pandemic. Thanks to the 
actions of this committee, the U.S. aviation sector is recovering, and 
air travel is returning to pre-pandemic levels quicker than anyone 
anticipated.
    However, despite this welcome resurgence, it is beyond me that in 
the year 2022, the air travel experience for passengers with 
disabilities is not improving at the same pace.
    The reported incidents over the last few years are alarming:
      Just last month, a passenger was stranded at the Orlando 
airport for five hours after a U.S. airline lost their $22,000 
wheelchair;
      This summer, a U.S. airline destroyed another passenger's 
wheelchair and then significantly damaged his replacement chair only 
three weeks later; and
      Earlier this year, a passenger was delayed in receiving 
her wheelchair at Newark airport, only to discover that it had been 
abandoned on the tarmac for nearly an hour.

    And the list goes on and on.
    According to the U.S. Bureau of Transportation Statistics, air 
carriers reported mishandling only 1.56 percent of wheelchairs and 
scooters last August, which is lower than in the month prior and in 
August 2019. However, that 1.56 percent represents 1,057 wheelchairs 
and scooters mishandled in a single month. And I think everyone here 
today would agree that even one mishandled wheelchair is one too many.
    I can only imagine what the circumstances would have been without 
the measures this committee included in the FAA Reauthorization Act of 
2018. As a result of this bipartisan law:
      The Air Carrier Access Act Advisory Committee was 
established, convening U.S. airlines, disability rights advocates, and 
other key aviation stakeholders to develop recommendations addressing 
the air travel needs for passengers with disabilities;
      DOT is working on rules to address safety issues related 
to assistance with wheelchairs and mobility aids and clarifying 
airlines' responsibility to provide prompt assistance, upon request, to 
passengers with disabilities to navigate within the airport, including 
examining whether to require hands-on training for airline employees 
and their contractors;
      The Government Accountability Office (GAO) issued reports 
on the availability of accessible lavatories on commercial aircraft, 
and accessibility best practices for U.S. airports and airlines; and
      The first-ever ``Airline Passengers with Disabilities 
Bill of Rights'' was published, which outlines the basic protections of 
passengers with disabilities and responsibilities of the aviation 
industry under the Air Carrier Access Act.

    But while we made some progress to improve air travel accessibility 
under the last reauthorization, it is clear that there is much more to 
do. As we'll hear today, passengers with disabilities still experience 
challenges with Transportation Security Administration (TSA) security 
screenings and airport infrastructure barriers, among other concerns. 
And I look forward to hearing what we can do to resolve these issues.
    For over three decades, the Americans with Disabilities Act and the 
Air Carrier Access Act have enshrined a fundamental tenet--to prevent 
discrimination against people with disabilities in all areas of public 
life. At a time when we're witnessing unprecedented innovation in U.S. 
aviation, it is unacceptable that longstanding barriers for passengers 
with disabilities persist.
    We must work together to ensure these passengers have a safe and 
dignified traveling experience, just like anyone else, starting at 
their arrival at the airport to their final destination.
    Before I close, I want to thank my colleague and friend from Rhode 
Island, Mr. Langevin, for joining us today. Representative Langevin has 
been a steadfast champion on issues affecting Americans with 
disabilities for more than two decades. Although our respective tenures 
in Congress are winding down, his testimony today will provide some 
much-needed perspective as this committee works to address these 
challenges in the future.
    Thank you again, Chair Larsen, for convening today's hearing. I 
look forward to hearing from the witnesses.

    Mr. Larsen of Washington. Thank you, Mr. Chair. I 
appreciate that.
    We now want to welcome our witness on panel 1: 
Representative James R. Langevin, representing Rhode Island's 
Second Congressional District.
    Thanks for joining us today. We look forward to your 
testimony.
    As a note to Members, as usual, as a Member, Mr. Langevin 
will have 5 minutes--maybe a little bit more if you are nice to 
us, Jim--and won't be subject to questions, but I am sure he 
will be available on the House floor to answer any questions 
you have. And then we will proceed directly to the second panel 
after his testimony.
    So, without objection, our witness' full statement will be 
included in the record. Since it is part of the record, the 
subcommittee requests that you finish your oral testimony when 
you can.
    So, Representative Langevin, you may proceed.

   TESTIMONY OF HON. JAMES R. LANGEVIN, A REPRESENTATIVE IN 
            CONGRESS FROM THE STATE OF RHODE ISLAND

    Mr. Langevin. Well, thank you, Mr. Chairman.
    Chairman Larsen, Ranking Member Graves, chairman of the 
full committee Peter DeFazio, and distinguished members of the 
Aviation Subcommittee, I want to thank you for your attention 
to this important topic and for inviting me to testify before 
you today.
    As a point of personal privilege, if I could just take a 
moment just to congratulate Chairman DeFazio. Like me, he will 
be retiring at the end of this year.
    Mr. Chairman, I want to thank you for your leadership of 
this committee but, in particular, your support and attention 
to people with disabilities, especially given your background 
in your previous life. I wish you well in your next chapter.
    I would also like to thank the other witnesses for being 
here today and for your ongoing work in support of air travel 
accessibility.
    This issue is deeply personal for me, as you can imagine. I 
have been a wheelchair user ever since 1980, when an accidental 
gunshot left me paralyzed. In addition, I am the first 
quadriplegic ever to serve in the United States Congress.
    As you are all well aware, of course, serving in Congress 
requires a significant amount of air travel. At a minimum, we 
are expected to travel back and forth between our districts and 
Washington, DC, whenever the House is in session. My hometown 
of Warwick, Rhode Island, is approximately 350 miles away from 
the U.S. Capitol. By train or car, that trip generally takes 6 
or 7 hours, respectively, in each direction. By airplane, it 
takes approximately 1 hour to 1\1/2\ hours at most.
    As you can see, for me, accessible air travel is a must, 
because without it, I would not be able to do my job 
effectively.
    Throughout my career, I estimate that I have flown more 
than 1,000 commercial flights both domestically and 
internationally, the vast majority of which have been without 
issue. However, flying as a wheelchair user, even when 
everything goes as planned, is a complex process that typically 
involves reserving accommodations in advance, making multiple 
surface transfers while boarding and deplaning, as well as 
having my chair brought from the gate of the--opening of the 
door of the plane, up a jetway, on an elevator, then into the 
belly of the plane, and then the reverse process when I land, 
and, of course, on the plane, restricted mobility while onboard 
the aircraft.
    The best case scenario is an exhausting trip. However, when 
something goes wrong, the consequences can range from 
inconvenient to catastrophic.
    Since 1986, the Air Carrier Access Act has served to 
protect the rights and safety of air travelers with 
disabilities. Despite the protections afforded by this law, 
people with disabilities continue to encounter significant 
barriers when they fly. This includes damage to assistive 
devices and wheelchairs, denied boarding, delayed assistance, 
poor communication, and a lack of accessible seating 
accommodations--all things that I have personally experienced.
    In the past year alone, I have been wrongfully denied 
boarding on multiple occasions because of my wheelchair's 
lithium-ion batteries, despite presenting documentation that 
they met all applicable safety standards as determined by the 
Federal Aviation Administration.
    Lithium-ion batteries are becoming increasingly prevalent 
in assistive devices, which means that these incidents will 
only occur more often. That is why I am working to introduce a 
bill that I call the WHEELChairs on Airplanes Act to ensure 
that our airlines' policies with lithium-ion batteries in 
wheelchairs and other assistive devices are no more restrictive 
than applicable FAA safety standards.
    On another occasion several years ago, I remember watching 
through the airplane window as a baggage handler was sending my 
wheelchair up to the jet bridge on the belt loader. They placed 
it on the belt loader without holding it or locking it in 
place, and I watched as it rolled off the belt loader as the 
belt loader was raised to the jetway, as it crashed down to the 
ground.
    Well, I have to tell you, I still get an uneasy feeling 
every time my wheelchair is brought out of the cargo hold. 
After all, if it is damaged, I am stranded. My wheelchair is 
essentially my legs.
    As you will hear from other witnesses today, my experiences 
are not unique. In fact, in 2018 alone, passengers in the 
United States filed more than 36,000 disability-related 
complaints with airlines. I think we can all agree that the 
status quo is unacceptable.
    So, that is why I have been working to improve air travel 
accessibility throughout my time in Congress. For example, I 
introduced language during the 115th Congress to create an 
Airline Passengers with Disabilities Bill of Rights. With the 
support of this committee, that language became law as part of 
the FAA Reauthorization Act of 2018, and I thank you.
    This Congress, I introduced H.R. 1696, the Air Carrier 
Access Amendments Act, with Representatives Titus and Cohen, 
both of whom serve on this subcommittee, and I thank them for 
their partnership.
    And, in closing, H.R. 1696 proposes a two-pronged solution. 
Namely, it would improve air travel accessibility while holding 
airlines accountable when they violate passengers' rights.
    Overall, we must work to break down all barriers in our 
society so that people with disabilities can live more full and 
independent lives. Air travel must be a part of that effort.
    With that, I would like to thank you once again for your 
attention to this important issue as well as the opportunity to 
testify.
    Thank you, Mr. Chairman, for your leadership and your 
support. Thank you.
    [Applause.]
    [Mr. Langevin's prepared statement follows:]

                                 
   Prepared Statement of Hon. James R. Langevin, a Representative in 
                Congress from the State of Rhode Island
    Chairman Larsen, Ranking Member Graves, and members of the Aviation 
Subcommittee, thank you for your attention to this important topic, and 
for inviting me to testify before you. I'd also like to thank the other 
witnesses for being here today, and for their ongoing work in support 
of air travel accessibility. As a person living with a disability, this 
issue is deeply personal to me. I have been a wheelchair user since 
1980 when an accidental gunshot left me paralyzed. In addition, I am 
the first quadriplegic to ever serve in the United States Congress.
    As all of you are well aware, serving in Congress requires a 
significant amount of travel. At a minimum, we're expected to travel 
back and forth between our districts and Washington, D.C., whenever the 
House is in session. My hometown of Warwick, Rhode Island--where I 
still live today--is approximately 350 miles away from the U.S. 
Capitol. By train or car, that trip generally takes more than six or 
seven hours, respectively, in each direction. By airplane, it takes 
approximately one hour. As you can see, for me, accessible air travel 
is a must. In fact, I can confidently say that without it, I would not 
be able to do my job effectively.
    Throughout my career, I can reasonably estimate that I've flown on 
more than 1,000 commercial flights both domestically and 
internationally, the vast majority of which have been without issue. 
However, flying as a wheelchair user--even when everything goes as 
planned--is a complex process that typically involves reserving 
accommodations in advance, making multiple surface transfers while 
boarding and deplaning, and restricted mobility while on board the 
aircraft. The best-case scenario is an exhausting trip. However, when 
something does go wrong, the consequences can range from inconvenient 
to catastrophic.
    Since 1986, the Air Carrier Access Act and its implementing 
regulations have served to protect the rights and safety of air 
travelers with disabilities. Despite the protections afforded by this 
law, people with disabilities continue to encounter significant 
barriers when they fly. This includes damaged assistive devices and 
wheelchairs, denied boarding, delayed assistance, poor communication, 
and a lack of accessible seating accommodations--all things that I have 
personally experienced.
    In the past year alone, I've been wrongfully denied boarding on 
multiple occasions because of the lithium-ion batteries that power my 
wheelchair, despite presenting documentation that my wheelchair meets 
all applicable safety standards as determined by the Federal Aviation 
Administration (FAA). Lithium-ion batteries are becoming increasingly 
prevalent in wheelchairs and other assistive devices, which means these 
incidents will only begin to occur more often. That's why I'm working 
to introduce a bill that I call the Working to Help Ensure Equity for 
Lithium-ion-powered Chairs on Airplanes Act, or the WHEELChairs on 
Airplanes Act. This bill will ensure that airlines' policies for 
lithium-ion batteries in wheelchairs and other assistive devices are no 
more restrictive than applicable FAA safety standards.
    On another occasion when I flew to Omaha, Nebraska, several years 
ago, I remember watching through the airplane window as baggage 
handlers were taking my wheelchair out of the cargo hold to send it up 
to the jet bridge. They placed it on a belt loader without holding it 
or locking it in place, and I watched as it rolled off the belt loader 
and crashed down to the ground. I still get an uneasy feeling every 
time my wheelchair is brought up out of the cargo hold--I always wonder 
if it's going to make it back to me in one piece. After all, if it gets 
damaged, I'm stranded. My wheelchair is essentially my legs.
    As you will hear from other witnesses today, my experiences are not 
unique or even rare. In fact, in 2018 alone, passengers in the United 
States filed more than 36,000 disability-related complaints with 
airlines. I think that we can all agree that this status quo is 
unacceptable, and that air travelers with disabilities should not face 
these kinds of barriers when they fly. That's why I've been working to 
improve air travel accessibility throughout my time in Congress. For 
example, I introduced language during the 115th Congress requiring the 
Department of Transportation to create an ``Airline Passengers with 
Disabilities Bill of Rights.'' With the support of this committee, that 
language became law as part of the FAA Reauthorization Act of 2018.
    This Congress, I introduced H.R. 1696, the Air Carrier Access 
Amendments Act, with Representatives Dina Titus and Steve Cohen, both 
of whom serve on this subcommittee, and I thank them for their 
partnership. H.R. 1696 proposes a two-pronged solution: Namely, it 
would improve air travel accessibility while holding airlines 
accountable when they violate passengers' rights. To improve 
accessibility, it would direct the U.S. Access Board to issue updated 
standards for new and existing aircraft, as well as airport facilities, 
airline websites, and kiosks. For accountability, it would impose 
mandatory civil penalties for rights violations, and establish a 
private right of action so that passengers can have their day in court 
to enforce the law.
    Overall, we must work together to break down all barriers in our 
society so that people with disabilities can live more full and 
independent lives in their communities. Air travel must be a part of 
that effort. With that, I would like to thank you once again for your 
attention to this important issue, as well as the opportunity to 
testify.

    Mr. Larsen of Washington. Jim, we are going to miss you 
here on Capitol Hill. And Rhode Island will be better for it, 
for you being back home, but we don't want you to be a stranger 
as well.
    Mr. Langevin. Thank you, Mr. Chairman. I appreciate your 
words.
    Mr. Larsen of Washington. And thanks for setting up the 
rest of the panel discussion for us, the rest of the hearing 
discussion for us, with your testimony.
    We will take a few minutes for the Representative to move 
and clear some space, and we will ask the second panel to come 
up.
    So, we will get started on our second panel. I want to 
welcome the second panel. I will just introduce them in order 
before we move to their statements.
    We have Heather Ansley, who is the associate executive 
director of government relations with the PVA, Paralyzed 
Veterans of America; Brian Ryks, the executive director and CEO 
of the Metropolitan Airports Commission, on behalf of the 
Airports Council International-North America; Matt Scott, who 
is joining us online, a three-time Paralympic medalist with 
Team U.S.A.; Heather Krause, the Director of Physical 
Infrastructure at the Government Accountability Office; and 
also joining online, Graham Keithley, vice president and 
associate general counsel of Airlines for America, A4A.
    Thanks, all, for joining us today. We all look forward to 
your testimony.
    Without objection, our witnesses' full statements will be 
included in the record.
    And since that is the case, the subcommittee does request 
that you limit your oral testimony to 5 minutes. If you were 
Members of Congress, we would give you more time, but 5 
minutes.
    So, with that, Ms. Ansley, you may proceed.

 TESTIMONY OF HEATHER ANSLEY, ASSOCIATE EXECUTIVE DIRECTOR OF 
  GOVERNMENT RELATIONS, PARALYZED VETERANS OF AMERICA; BRIAN 
     RYKS, EXECUTIVE DIRECTOR AND CHIEF EXECUTIVE OFFICER, 
METROPOLITAN AIRPORTS COMMISSION, ON BEHALF OF AIRPORTS COUNCIL 
INTERNATIONAL-NORTH AMERICA; MATT SCOTT, THREE-TIME PARALYMPIC 
   MEDALIST, TEAM U.S.A.; HEATHER KRAUSE, DIRECTOR, PHYSICAL 
  INFRASTRUCTURE, U.S. GOVERNMENT ACCOUNTABILITY OFFICE; AND 
GRAHAM KEITHLEY, VICE PRESIDENT AND ASSOCIATE GENERAL COUNSEL, 
                      AIRLINES FOR AMERICA

    Ms. Ansley. Thank you, Chairman Larsen, Ranking Member 
Graves, and members of the subcommittee. Paralyzed Veterans of 
America thanks you for the opportunity to testify about the 
problems passengers with disabilities encounter in air travel.
    The Air Carrier Access Act, or the ACAA, was signed nearly 
40 years ago and prohibits disability-based discrimination in 
air travel. Unfortunately, the air travel experience of 
passengers with disabilities, particularly for wheelchair 
users, is at best frustrating and at worst unsafe.
    In a survey completed last December, one passenger said, 
quote, ``I am tired of getting dropped when transferring from 
my chair to the transfer chair on an airplane.'' Another said, 
quote, ``The risk of damage to my wheelchair is too great--my 
wheelchair is my legs, and if I arrive at my destination and 
find it damaged, there are serious consequences to me.''
    When a wheelchair is lost, damaged, or delayed, it is a 
significant and serious problem for the individual who relies 
on it. A broken chair can mean the end of the trip or even 
weeks or months of using a loaned wheelchair. Not having access 
to a proper wheelchair can lead to further injury or even 
death.
    In 2021, air carriers enplaned over 500,000 wheelchairs and 
scooters and mishandled over 7,000. Although the rate of 
mishandled devices may seem low, those affected are completely 
disenfranchised from their daily lives until their device has 
been repaired, located, or replaced.
    In the next FAA reauthorization, we would like to see 
requirements for the Department of Transportation to provide 
greater analysis and aggregation of the data, including 
separating incidents related to manual wheelchairs, power 
wheelchairs, and scooters, to look for trends as well as 
develop solutions to address areas of specific concern focused 
on attacking the root cause of mishandled assistive devices.
    The industry's recovery following the COVID pandemic has 
only escalated our concerns. Since just this spring, we have 
heard reports from our members about insufficient numbers of 
people being sent to physically lift them during the boarding 
and deplaning process; misplaced wheelchairs that resulted in 
injury and humiliation due to lack of bathroom access; and 
broken wheelchairs, delayed repairs to those chairs, and even a 
threat to contact law enforcement if a PVA member refused to 
deplane before his wheelchair was available to him.
    Sadly, these are not isolated incidents. Indignant 
treatment is normal.
    Passengers with disabilities often find they have limited 
recourse in these situations. They may share their frustration 
on social media and file a complaint with the specific airline 
and/or the Department of Transportation, and the Department can 
issue cease-and-desist orders and levy civil penalties for 
violations. However, the largest financial penalty in recent 
years was in 2016 for $2 million.
    The major problem with commercial air travel is that 
aircraft are required to have very few accessible features. 
Wheelchair users in commercial air travel must have their 
highly customized, expensive devices stowed for the flight. 
This leaves baggage handlers to figure out how to fit these 
devices into cargo holds that are not designed to receive or 
stow them. It also leaves the passengers who depend on them 
stressed and worried that their device will not be returned to 
them either in a usable condition or perhaps even at all.
    PVA urges Congress to make systemic improvements in air 
travel in the next FAA reauthorization by including the Air 
Carrier Access Amendments Act, which was introduced by 
Representative Langevin. This legislation would ensure new 
airplanes meet design standards that accommodate the needs of 
people with disabilities.
    Additionally, it would require removal of access barriers 
on existing airplanes, only if it can be done without much 
difficulty or expense. The legislation would also strengthen 
enforcement by requiring referral of certain passenger-filed 
complaints to the Attorney General and establishing a private 
right of action.
    Passengers will continue to be injured and wheelchairs 
mishandled until travelers can stay safely seated in their 
devices. Thus, we call on Congress to include language in the 
next reauthorization directing appropriate agencies and 
administrations to take the steps outlined in a September 2021 
report on in-cabin wheelchair restraint systems. If the 
remaining issues are properly addressed, Congress should 
require the Department to promulgate regulations implementing 
requirements for in-cabin wheelchair securement.
    Until then, the air carriers must improve training and 
provide job aid materials for wheelchair attendants who lift 
passengers and baggage handlers who are responsible for loading 
wheelchairs on and off the aircraft. DOT must also increase its 
enforcement.
    We believe that improved training, increased aircraft 
accessibility, and stronger enforcement will lead to safer 
travel experiences for passengers with disabilities both now 
and in the future. PVA hopes that we can all agree that 
disabled passengers, including disabled veterans, have waited 
long enough.
    Thank you for this opportunity to express our views. I 
would be happy to answer any questions.
    [Ms. Ansley's prepared statement follows:]

                                 
 Prepared Statement of Heather Ansley, Associate Executive Director of 
          Government Relations, Paralyzed Veterans of America
    Chairman Larsen, Ranking Member Graves, and members of the 
Subcommittee, Paralyzed Veterans of America (PVA) thanks you for 
holding this important hearing on improving the experience of air 
travel passengers with disabilities. PVA is a congressionally chartered 
veterans service organization. All of PVA's members are honorably 
discharged veterans who have incurred a spinal cord injury or disorder. 
Virtually all PVA members use wheelchairs or other assistive devices 
for mobility, and have a significant interest in ensuring that 
commercial air travel is safe and dignified for all people with 
disabilities.
    President Ronald Reagan signed the Air Carrier Access Act (ACAA) 
into law nearly 40 years ago. The ACAA, which prohibits disability-
based discrimination in air travel, was passed following a U.S. Supreme 
Court decision in Department of Transportation v. Paralyzed Veterans of 
America, 477 U.S. 597 (1986). In this case, the Court held that air 
carriers were not subject to Section 504 of the Rehabilitation Act of 
1973,\1\ as amended, unless they received direct federal financial 
assistance. PVA subsequently led the advocacy efforts to ensure 
congressional passage of protections that would finally prohibit 
discrimination against people with disabilities in air travel.
---------------------------------------------------------------------------
    \1\ Section 504 of the Rehabilitation Act prohibits recipients of 
federal funds from excluding or denying individuals with disabilities 
an equal opportunity to benefit from federally funded programs and 
services.
---------------------------------------------------------------------------
    The ACAA did improve equal opportunity for passengers with 
disabilities. Prior to its passage, ticketed passengers could be denied 
boarding without recourse simply because they were disabled. With the 
passage of the law, air carriers were required to provide passengers 
with disabilities the opportunity to preboard, if additional time or 
assistance is needed to board the aircraft; timely assistance in 
boarding and deplaning; proper stowage of assistive devices; and 
appropriate seating accommodations.
    Despite these improvements, the air travel experience for 
passengers with disabilities, particularly wheelchair users, is at best 
frustrating and at worse unsafe. Wheelchair users must surrender their 
customized wheelchair for stowage either in cargo or, in the case of 
certain manual wheelchairs, the cabin. The passenger must then be 
transferred to an aisle chair that allows them to enter the aircraft 
and traverse the aircraft's aisle, which is very often narrower than 
the passenger being pushed through it. Aisle chairs are devices 
designed solely to navigate the aisle without regard for the passenger 
who must use it to board or deplane the aircraft. The chairs are poorly 
designed to accommodate passengers because they have limited padding, 
cannot be propelled by the user, and are prone to tipping. Throughout 
this process, passengers are assisted by airline staff or, more 
frequently, their contractors. Many of these individuals have limited 
training, are unable to effectively communicate with the passengers, 
and are required to lift and transfer individuals with significant 
disabilities without sufficient staffing and other resources. The 
process is not designed to meet the needs of passengers with 
disabilities. It is precarious and has resulted in passenger injuries 
and deaths.
    In October 2021, PVA marked the 35th anniversary of the passage of 
the ACAA by working with other organizations to survey the current 
experience of passengers with disabilities in air travel.\2\ The 
purpose of the survey was to gather information to inform our advocacy 
to improve the air travel experience for all passengers with 
disabilities. Between October 4-December 6, 2021, 1,262 individuals 
responded to the survey, which covered a wide variety of accommodations 
for passengers with disabilities. Some questions were not applicable to 
all travelers and their responses were removed from the data to depict 
the accurate experience of passengers who need particular types of 
accommodations.
---------------------------------------------------------------------------
    \2\ Paralyzed Veterans of America, The ACAA Survey: Overview of 
Survey Results Regarding the Air Travel Experience of Passengers with 
Disabilities, https://pva.org/wp-content/uploads/2022/09/2022-ACAA-
Survey-Results-FINAL.pdf.
---------------------------------------------------------------------------
    The results of the survey supported the anecdotal reports we 
regularly receive from wheelchair users. Over half of the survey 
respondents had flown in the past 12-24 months, despite COVID which 
deterred many passengers from traveling, and the vast majority noted 
that they typically fly once or twice a year. Approximately nine 
percent indicated, however, that they do not fly. One respondent said, 
``I am tired of getting dropped when transferring from my chair to the 
transfer chair on an airplane.'' Another passenger said, ``I stopped 
traveling by air because the transferring to and sitting in airline 
seating is too hard on my body.'' Still another said, ``the risk of 
damage to my wheelchair is too great--my wheelchair is my legs, and if 
I arrive at my destination and find it damaged, there are serious 
consequences to me.''
    Although many respondents reported traveling by air, we asked them 
to select from a list of reasons those that might cause them to avoid 
it. Of the more than 1,000 respondents, many were overwhelmingly 
concerned with physical barriers that they would face during a flight. 
The top reason to avoid air travel was concerns about wheelchair 
damage. A related concern, passengers also reported being afraid for 
their personal safety in transferring from their wheelchair to an aisle 
chair and into an aircraft seat. Not being able to use an aircraft 
lavatory because it is inaccessible also ranked high on the list of 
reasons to avoid air travel. In fact, lack of lavatory access, even on 
a cross country flight, was reason enough for nearly 60 percent of 
respondents to avoid air travel unless absolutely necessary.
    When a wheelchair is lost, damaged, or delayed, it is a significant 
and serious problem for the individual who relies on that device for 
their health, mobility, and independence. It can mean the end of the 
trip as the individual is forced to forgo the entire reason for their 
travel while they wait on the repair of their wheelchair. It can also 
mean weeks or months of having to use a loaned wheelchair that is not 
designed to fully meet their ongoing health needs. Not having access to 
a proper wheelchair can actually lead to further injury to the 
individual, like developing sores that can result in long 
hospitalization stays. In the short term, it can mean not having a safe 
seating surface while you deal with the damage to your wheelchair or 
wait for a delayed wheelchair to be returned.
    Of those who reported traveling with a wheelchair or scooter, 
almost 70 percent of respondents reported having experienced damage to 
their assistive device. Furthermore, almost 56 percent of passengers 
said that they had experienced delays in the return of their wheelchair 
or scooter. Also, 17 percent reported having their wheelchair or 
scooter lost and 28 percent reported losing an accessory such as a 
guard that protects the wheelchair user's clothing.
    We asked respondents about whether they needed to use an aisle 
chair to board and deplane the aircraft. Over half of those who took 
the survey needed this type of assistance. Many reported that aisle 
chairs are difficult or unsafe to use. One passenger described the 
aisle chair as, ``extremely awkward to sit in. My feet would not stay 
on the platform and would drag on the floor when they pulled me.'' 
Other passengers reported that personnel were not properly trained to 
assist them in using the aisle chair. Specifically, 16 percent of 
respondents reported being dropped and 23 percent reported being 
injured. One passenger said, ``the attendants rarely know how to 
transfer or to strap me in.''
    Airlines often state that they would be able to properly assist 
passengers with disabilities if they would alert them prior to arrival 
at the airport that they will be traveling with a wheelchair or scooter 
and any type of assistance needed. In our survey, 83 percent of 
passengers said that they always alert the airline of their needs when 
they purchase their ticket. This leads us to believe that information 
provided by passengers too often does not get relayed to airline 
personnel and contractors for the day of travel.
    The industry's recovery following the COVID pandemic has only 
escalated the number of incidents reported by PVA members. Since this 
spring, we have heard reports of insufficient staffing to perform lifts 
of passengers during the boarding and deplaning process, misplaced 
wheelchairs that result in injury and humiliation due to lack of 
bathroom access, broken wheelchairs, and even a threat to contact law 
enforcement if a PVA member refused to deplane before his wheelchair 
was available. These are not isolated incidents. An August 2022 New 
York Times article, ``Embarrassing, Uncomfortable and Risky: What 
Flying is Like for Passengers Who Use Wheelchairs,'' \3\ documented the 
difficulties PVA National President Charles Brown experienced while 
traveling by air. Sadly, indignant treatment is normal for PVA members 
and other individuals with mobility impairments.
---------------------------------------------------------------------------
    \3\ Amanda Morris, Embarrassing, Uncomfortable and Risky: What 
Flying Is Like for Passengers Who Use Wheelchairs, N.Y. Times, Aug. 8, 
2022, https://pva.org/wp-content/uploads/2022/08/NYT_Embarassing.-
Uncomfortable-and-Risky_08.08.2022.pdf.
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    Passengers with disabilities who encounter disability-related 
problems in air travel often find that they have limited recourse. They 
may share their frustration on social media and file a complaint with 
the specific air carrier and/or the U.S. Department of Transportation 
(DOT). The Department can issue cease and desist orders and levy civil 
penalties for ACAA violations; however, the largest financial penalty 
in recent years was in 2016 for $2 million.\4\ That fine, much of which 
was credited to the carrier, was an anomaly. In 2019, the most recent 
year for which statistics are available, passengers filed 42,418 
disability-related complaints as reported by 186 domestic and foreign 
air carriers, which represents an almost 15 percent increase over 2018. 
That same year, passengers filed 905 disability-related complaints 
directly with DOT. In 2021, the most recent year for which statistics 
are available, passengers filed 1,394 complaints with DOT.
---------------------------------------------------------------------------
    \4\ U.S. Department of Transportation, United Airlines, Inc. Order 
2016-1-3, https://www.transportation.gov/airconsumer/eo-2016-1-3.
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    Since December 2018, large domestic air carriers have been required 
to submit monthly reports on the number of wheelchairs and scooters 
they enplane and the number subsequently mishandled (lost, damaged, or 
delayed). In 2019, air carriers enplaned 685,792 wheelchairs and 
scooters and mishandled 10,548, a rate of 1.54 percent. In 2021, air 
carriers enplaned 532,306 and mishandled 7,239, a rate of 1.36 percent. 
Although the rate of mishandled wheelchairs may appear to be low, those 
affected are completely disenfranchised from their daily lives until 
their device has been repaired, located, or replaced. They might be 
forced to miss work, school, family obligations, social activities, 
medical appointments, or other activities of daily life. Or as in the 
case of disability advocate Engracia Figueroa be forced to use an ill-
fitting wheelchair that resulted in medical complications that led to 
her untimely death in October 2021, three months after her flight.
    The major problem with commercial air travel is that aircraft are 
required to have very few accessibility features to accommodate 
passengers with disabilities. Today, there are no wheelchair spaces on 
airplanes but that is not the case on Amtrak, buses, and subways. 
Instead, wheelchair users in commercial air travel must have their 
highly customized, expensive devices stowed for the flight. This leaves 
baggage handlers to figure out how to fit these devices into cargo 
holds not designed to receive or stow them. It also leaves the 
passengers who depend on assistive devices stressed and worried that 
their device will not be returned to them either in a usable condition 
or even perhaps at all.
    Passengers will continue to be injured and wheelchairs delayed, 
damaged, or lost until travelers can stay safely seated in their 
devices. Commercial air travel, unlike other forms of mass 
transportation, has for too long been given special dispensation to be 
inaccessible. People with disabilities will not be able to effectively 
compete for jobs, vacation with their families, or seek needed medical 
care until safe and dignified air travel is guaranteed for all 
passengers with disabilities.
    Until aircraft wheelchair spaces are available across the 
commercial air travel system, air carriers must improve training and 
provide job aid materials for workers. Areas of focus include 
wheelchair attendants who assist with transferring passengers with 
disabilities and handlers who are responsible for loading wheelchairs 
on and off the aircraft. DOT must also increase enforcement and assess 
penalties when violations occur.
    In order to improve the current experience of passengers with 
disabilities, PVA submitted a request for rulemaking to DOT in February 
2022. Our request asked DOT to address issues concerning assistance 
provided to passengers who use aisle chairs, information airlines are 
required to collect related to incidents in boarding and deplaning, and 
how airlines assist passengers when a wheelchair or scooter is 
mishandled. PVA called on DOT to act on the petition during a public 
meeting the Department held in March 2022 in response to the plight of 
wheelchair users following Ms. Figueroa's death.
    We believe the Department should require air carriers to have 
specific personnel who are highly trained in transfer techniques and 
the use of boarding and deplaning devices. The training provided to 
these assistants must be ``hands on'' and assistants must receive an 
annual certification of their skills, including their ability to follow 
directions from passengers about how to effectively and safely assist 
them. In addition, the assistants must be given properly maintained 
equipment that meets standards that address not only the needs of the 
airline, but also the needs of the passenger and the assistants.
    Additionally, DOT must require airlines to provide ramp personnel 
with the proper equipment to safely enplane and deplane assistive 
devices. The Department must also establish a timeline for airlines to 
replace or repair a wheelchair or other assistive device or provide 
compensation for a device's damage, as well as requiring air carriers 
to provide adequate interim accommodations. DOT must also clarify that 
the ACAA requires air carriers to return all wheelchairs and other 
assistive devices in the condition in which they were surrendered by 
the passenger.
    Although we strongly support recent airline commitments \5\ to 
improve the experience of wheelchair users, we also strongly believe 
that the Department must move forward in promulgating new regulations 
to better protect wheelchair users. DOT has indicated that a proposed 
rule will be published in February 2023. We call on the Department to 
expeditiously address this rulemaking as 40 years of history have shown 
us that Department action is necessary to make industry-wide 
improvements.
---------------------------------------------------------------------------
    \5\ Airlines for America, Airlines' Commitment to Accessibility, 
https://www.airlines.org/accessibility/.
---------------------------------------------------------------------------
    For instance, PVA has long been involved in efforts to provide 
passengers with disabilities access to lavatories on single-aisle 
aircraft. The health consequences of not being able to access a 
lavatory inflight are significant. If lavatories are going to be made 
available on commercial aircraft, then they should as a matter of 
safety and dignity be accessible to all passengers.
    The 2018 FAA Reauthorization Act required the U.S. Government 
Accountability Office (GAO) to study lavatory access on aircraft, 
including access for passengers with disabilities. GAO's January 2020 
report on the accessibility of U.S. aircraft lavatories for people who 
have limited mobility found that although accessible lavatories are 
available, ``carriers do not often choose to acquire them.'' \6\ 
Furthermore, of the top eight domestic airlines, only 4.5 percent had 
accessible lavatories on single-aisle aircraft. Four of those airlines 
had zero accessible lavatories.
---------------------------------------------------------------------------
    \6\ U.S. Gov't Accountability Off., GAO-20-258, Aviation Consumer 
Protection, Few U.S. Aircraft Have Lavatories Designed to Accommodate 
Passengers with Reduced Mobility 14 (2020), https://www.gao.gov/
products/gao-20-258.
---------------------------------------------------------------------------
    Despite years of delays, DOT finally published a notice of proposed 
rulemaking earlier this year that would require larger single-aisle 
aircraft to have an accessible lavatory. A passenger would be able to 
enter the lavatory using an onboard wheelchair with an assistant and 
close the door. The proposed timeline for implementation is quite 
lengthy. The requirement would apply to aircraft ordered 18 years after 
the date of the final rule or 20 years delivered. PVA was a member of 
the negotiated rulemaking committee in 2016 \7\ that agreed to this 
timeline. We agreed to the lengthy time frame because it had already 
been 30 years since the passage of the ACAA and almost no steps had 
been taken to provide access to something as basic as a lavatory. We 
needed to have a time certain for access. Since air carriers have been 
on notice for the last six years that this requirement was coming, we 
believe that as a matter of equity DOT should shorten the 
implementation timeline to 12 years ordered, 14 years delivered. DOT 
has indicated that it plans to publish a final rule in spring 2023, 
meaning that even in a best-case scenario it will still be decades 
until the requirement is fully implemented.
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    \7\ DOT first proposed conducting a negotiated rulemaking 
concerning accommodations for air travelers with disabilities regarding 
several issues, including accessible lavatories and inflight 
entertainment, in 2015. In May 2016, DOT established the Advisory 
Committee on Accessible Air Transportation to negotiate and develop a 
proposed rule. During the first meeting, and as noted in the 
Committee's Ground Rules, the Department informed the Advisory 
Committee that if it came to a consensus on the terms of the proposed 
rule, the Department ``would act in good faith to issue a proposed rule 
that reflects those terms as closely as possible.'' In November 2016, 
the Committee came to an agreement that would increase access to 
inflight entertainment for passengers with disabilities. The most 
recent DOT significant rulemaking report provides no date for issuance 
of the inflight entertainment rule. We believe that the 2023 FAA 
Reauthorization Act should require DOT to promulgate this regulation 
within 60 days of enactment.
---------------------------------------------------------------------------
    In addition to lavatory access, the 2018 FAA Reauthorization 
included multiple provisions specifically focused on improving access 
to air travel for people with disabilities. Provisions included the 
creation of a committee to advise the DOT Secretary on issues of 
concern to passengers with disabilities, development of a passengers 
with disabilities bill of rights, implementation of a wheelchair data 
collection rule, and a requirement for a study to determine the 
feasibility of in-cabin wheelchair restraint systems. The 2018 
Reauthorization also required DOT to review existing regulations 
related to timely, dignified, and effective assistance as well as those 
that govern pre-flight seat assignments and stowing of assistive 
devices.
    In 2019, DOT Secretary Elaine Chao appointed the first ACAA 
Advisory Committee. The Committee, which included airline and airport 
representatives; wheelchair manufacturers; and veterans, disability, 
and service animal organizations met between March 2020 and September 
2021. Its focus consisted of reviewing DOT's draft of the passengers 
with disabilities bill of rights and participation in one of three 
subcommittees: ticketing practices and seating accommodations, stowage 
of assistive devices, and assistance at airports and on aircraft and 
related training. The Committee's final report was submitted to DOT 
Secretary Pete Buttigieg earlier this year. The report focused on the 
recommendations related to the work of each Subcommittee and included 
those recommendations that could be agreed to by stakeholders. As a 
result, many of the recommendations reference the need for further 
study of the issues or adoption of best practices. PVA was honored to 
serve on the Committee and hopes it will be reauthorized.
    In July 2022, DOT released the ``Airline Passengers with 
Disabilities Bill of Rights.'' The Bill of Rights outlines ten 
fundamental rights of passengers with disabilities and the obligations 
of airlines and their contractors under the ACAA. It does not expand 
air carriers' ACAA obligations or establish new rights under the law. 
Some of the protections outlined in the Bill of Rights include the 
requirement for airlines to treat passengers with dignity and respect 
and provide prompt, timely assistance using properly trained 
assistants. Airlines are required to train their personnel on the Bill 
of Rights and provide it to passengers who alert the airline of the 
need for disability-related assistance. PVA hopes it will both empower 
and educate air travelers with disabilities; thus, helping to hold 
airlines more accountable for ACAA compliance. It is too early to tell 
if it has had the intended effect but we are hopeful it will improve 
the air travel experience.
    The 2018 FAA Reauthorization also required implementation of a DOT 
final rule on collection of data related to wheelchairs and scooters. 
As previously mentioned, beginning in December 2018, large domestic 
airlines were required to begin collecting and reporting to DOT the 
number of wheelchairs and scooters enplaned and subsequently mishandled 
(damaged, delayed, or lost). In the next FAA Reauthorization, we would 
like to see requirements for DOT to provide greater analysis and 
aggregation of the data, including separating incidents related to 
manual wheelchairs, power wheelchairs, and scooters, to look for 
trends, as well as develop solutions to address areas of specific 
concern focused on attacking the root cause of mishandled assistive 
devices.
    One of the 2018 Reauthorization provisions focused squarely on 
changing the future of air travel was a requirement for the U.S. Access 
Board to conduct a study to determine the feasibility of in-cabin 
wheelchair restraint systems. Many wheelchair users would like to be 
able to fly while seated in their personal wheelchairs. For some 
passengers, it is hoped that being able to stay in their wheelchairs 
would keep it from getting lost or damaged, prevent delays, and keep 
the passengers from injuries in the transfer process. Other wheelchair 
users require the support provided by their wheelchair and simply are 
not able to safely fly in a typical passenger seat.
    The Access Board carried out the requirement to conduct the study 
through the National Academy of Sciences' Transportation Research Board 
(TRB). In September 2021, the Access Board held a public briefing on 
the study's results. Advocates were very excited to learn that the TRB 
study \8\ was unable to ``identify any issues . . . that seem likely to 
present design and engineering challenges so formidable that they call 
into question the technical feasibility of an in-cabin wheelchair 
securement system and the value of exploring the concept further.'' The 
study acknowledged that further assessment was needed, ``particularly 
to understand how secured personal wheelchairs are likely to perform 
relative to FAA's security criteria in restraining and protecting 
occupants during a survivable airplane crash or emergency landing,'' 
and called on DOT and FAA to undertake research on these issues. It 
also called on the Access Board to assess demand from people with 
disabilities to fly while seated in their wheelchairs to inform the 
number of aircraft that would need to be modified to provide meaningful 
access, assuming remaining feasibility questions are satisfied. In July 
2022, on the anniversary of the Americans with Disabilities Act (ADA), 
DOT Secretary Buttigieg announced that the Department would take steps 
necessary to move toward an eventual rule that would allow passengers 
to fly while seated in their wheelchairs, which PVA strongly supports.
---------------------------------------------------------------------------
    \8\ Transportation Research Board, Technical Feasibility of a 
Wheelchair Securement Concept for Airline Travel: A Preliminary 
Assessment, https://www.access-board.gov/files/research/trb-final-
report-sept2021.pdf.
---------------------------------------------------------------------------
    We call on Congress to include language in the next FAA 
Reauthorization directing appropriate agencies and administrations on 
completion of the next milestones and providing funding necessary to 
accomplish them. If the remaining issues are addressed in a way that 
does not call into question the technical feasibility of the concept, 
the 2023 FAA Reauthorization Act should also require DOT to promulgate 
regulations implementing requirements for in-cabin wheelchair 
securement. We would also support inclusion of tax credits or other 
incentives to facilitate expedited adoption by air carriers.
    The disability-related provisions in the 2018 FAA Reauthorization 
Act represented an important step forward in efforts to improve the air 
travel experience of passengers with disabilities. However, these 
provisions alone simply will not address the fundamental access 
problems to safe air travel for people with disabilities. PVA urges 
Congress to make a strong, bold statement on the need to make systemic 
improvements in air travel that will improve disability access to air 
travel and improve enforcement.
    Many of the difficulties that travelers with disabilities encounter 
in air travel are because the ACAA and its implementing regulations do 
not sufficiently provide for safe, dignified access. Specifically, the 
ACAA does not require aircraft to provide even basic accessibility for 
passengers with disabilities, particularly those who use wheelchairs. 
As a result, they often have no accessible path of travel on the 
aircraft to safely board and reach an airline seat and wheelchairs are 
loaded into aircraft cargo pits not designed to fit these highly 
complex assistive devices. Other modes of public transportation are 
covered by the ADA, which requires compliance with standards that 
accommodate passengers with disabilities. Thus, other forms of mass 
transportation in the United States are more accessible to people with 
disabilities, including those who use wheelchairs.
    We strongly support the Air Carrier Access Amendments Act (ACAAA), 
H.R. 1696, which was introduced by Rep. Jim Langevin (D-RI). This 
legislation would greatly improve accessibility within air travel by 
making the following improvements:
      Ensure new airplanes are designed to accommodate the 
needs of people with disabilities by requiring airlines to meet defined 
accessibility standards. These standards will address safe and 
effective boarding and deplaning, visually accessible announcements, 
seating accommodations, and better stowage options for assistive 
devices; and
      Require removal of access barriers on existing airplanes 
to the extent that it is readily achievable, easily accomplishable, and 
may be done without much difficulty or expense.

    We strongly believe that failure to include these changes in the 
next FAA Reauthorization will mean passengers with disabilities will 
continue to encounter barriers to air travel that make it extremely 
difficult to fly safely, particularly for those who use wheelchairs. It 
is time for air carriers to fully accommodate the needs of passengers 
with disabilities, including those who use wheelchairs. It is one of 
the few areas of sanctioned discrimination against a minority group in 
transportation. As the population ages, the need for greater 
accessibility in air travel will only continue to grow. All fare paying 
customers should be able to independently access aircraft without 
depending on unsafe, inefficient assistance. Only then will air travel 
truly be a viable option for all Americans.
    The ACAAA would also strengthen ACAA enforcement by requiring 
referral of certain passenger-filed complaints to the Department of 
Justice and establishment of a private right of action. The requirement 
for DOT to refer certain ACAA complaints to the Attorney General would 
appropriately recognize that the ACAA is not a customer service 
standard but a civil right. The Attorney General would then be able to 
pursue a civil action on behalf of a passenger.
    The administrative remedies currently available provide little 
relief and have netted few improvements for passengers with 
disabilities. Establishing a private right of action would institute 
additional remedies, without removing DOT's role in the administrative 
process. It would also provide relief directly to passengers with 
disabilities. Furthermore, the private right of action would allow for 
injunctive relief to foster policy changes that would allow passengers 
and airlines to partner together to make changes that would benefit all 
passengers with disabilities.
    We believe that increased aircraft accessibility, and improved 
enforcement options will lead to safer travel experiences for 
passengers with disabilities both now and in the future. In fact, 
nearly 10,000 messages have been sent to Congress urging passage of the 
ACAAA. PVA members and other people with disabilities have waited long 
enough for safe access to air travel. We know how to improve the 
experience of passengers with disabilities. We simply need to have 
``the will to do it.''
    It's also important to note that there is an important business 
case for improving access to air travel. Over 75 percent of all 
respondents from the survey referenced earlier said that if the air 
travel experience of passengers with disabilities improved they would 
fly at least a few times a year. Fifteen percent of respondents would 
even fly monthly. Thus, addressing air travel problems is not only 
required for equity it is also a smart business decision.
    PVA thanks you for this opportunity to express our views. I would 
be happy to answer any questions.

    Mr. Larsen of Washington. Thank you very much for the 
testimony.
    I now turn to Mr. Brian Ryks of the Metropolitan Airports 
Commission.
    You are recognized for 5 minutes.
    Mr. Ryks. Good morning, Chairman Larsen. Good morning, 
Chairman DeFazio and Ranking Member Graves. Thank you for 
inviting me here this morning to talk a little bit about the 
important issue of the commercial airport perspective relative 
to improving accessibility in air travel.
    In addition to serving as the executive director and CEO 
with the Metropolitan Airports Commission, which owns and 
operates Minneapolis-Saint Paul International Airport [MSP] and 
six general aviation airports, I am also chair of the Airports 
Council International-North America Large Hub Committee and 
serve on ACI's U.S. Policy Council.
    The airport industry recognizes that travel hurdles can 
have a magnified impact when experienced by passengers with 
disabilities, and we are committed to fostering an inclusive 
air travel experience.
    In addition to our Federal, State, and local compliance 
requirements, airports work broadly with disability advocates 
and our Government, airline, tenant, and local community 
stakeholders to develop aspirational accessibility goals before 
designing and implementing innovative solutions.
    MSP has been at the forefront of creating an accessible 
passenger experience through investing in relationships, 
technology, training, and infrastructure.
    Our accessibility journey has been informed and guided by 
the expertise of our Travelers with Disabilities Advisory 
Committee. TDAC, as we call it, was established in 2014, and it 
consists of disability advocates from our community, as well as 
airport staff and representatives from airlines, airline 
contractors, the TSA and CBP. Our TDAC chairperson represents 
the Minnesota Commission for the Deaf, Blind, and Hard of 
Hearing. The committee is results-oriented, providing 
constructive feedback on how we address accessibility through 
the implementation of programs and design of facilities that 
remove barriers for those with disabilities. It is a key voice 
in our long-term planning at MSP.
    Another area that we have been proactive in is the 
development of preflight training programs for individuals with 
sensory, physical, or cognitive disabilities. Our program, 
known as Navigating MSP, is a partnership between MSP, Delta 
Air Lines, Autism Minnesota, and other local organizations. The 
goal is for individuals and families to gain experience 
traveling through the airport by rehearsing their journeys 
before they take them.
    This year, MSP, in partnership with Delta Air Lines, 
unveiled a permanent mock aircraft cabin training facility to 
augment the program and accommodate employee training related 
to accessible travel.
    Airports have also made significant infrastructure and 
technology investments to improve the travel journey of those 
with disabilities. At MSP, we have invested $120 million over 
the past 10 years to construct state-of-the-art, award-winning 
accessible restrooms, as well as service animal relief areas in 
each concourse. Over the past 2 years, we have incorporated 
restrooms with adult changing tables and will continue these 
additions through our terminal and concourse redevelopment 
efforts.
    Finally, we were among the first airports to partner in 
technologies such as hearing loops, Aira, and sunflower lanyard 
to assist passengers with communications and their navigation 
through our facilities.
    Airports are extremely grateful to Congress for passing the 
Bipartisan Infrastructure Law this year, which provided 
airports $20 billion over 5 years to make much-needed 
improvements.
    Included in this funding is the Airport Terminal Program, 
or ATP, which allocates $1 billion to airports annually over 5 
years for terminal projects. Of the $1 billion granted for 
fiscal year 2022, roughly two-thirds, or $600 million, went 
towards enhancements to accessibility and ADA compliance.
    For fiscal years 2022 and 2023, there have been nearly $25 
billion worth of ATP projects submitted. Yet, as I just noted, 
only $1 billion is available each year. While the recent 
investment in the Airport Terminal Program is a welcome 
investment, the funding gap for terminal projects highlights 
the need for additional Federal assistance to keep pace with 
travel demands, including those travelers who require improved 
accessibility.
    According to the most recent infrastructure needs survey by 
ACI-NA, U.S. airports have $115 billion in infrastructure needs 
through the year 2023. And, as I indicated earlier, airports 
are committed to enhancing airport accessibility, and next 
year's FAA reauthorization bill will be an excellent 
opportunity to help narrow the infrastructure funding gap to 
achieve the goal of accessible airports for all.
    Thank you for having me here today, and I look forward to 
any questions that you may have.
    [Mr. Ryks' prepared statement follows:]

                                 
    Prepared Statement of Brian Ryks, Executive Director and Chief 
   Executive Officer, Metropolitan Airports Commission, on behalf of 
              Airports Council International-North America
    Good morning. My name is Brian Ryks. I am the Executive Director 
and Chief Executive Officer of the Metropolitan Airports Commission 
(MAC), which owns and operates the Minneapolis-Saint Paul International 
Airport (MSP) and six general aviation airports. I am also the Chair of 
the Large Hub Committee of Airports Council International-North America 
(ACI-NA), and serve on ACI-NA's U.S. Policy Council. Thank you, 
Chairman DeFazio, Chairman Larsen, Ranking Member Sam Graves and 
Ranking Member Garret Graves for having me here today and providing me 
the opportunity to share the commercial airport perspective in today's 
important conversation about improving accessibility in air travel.
    In the United States, our public system of commercial service 
airports exists to serve the air transportation needs of the 
communities they serve. These communities include people with 
disabilities, as formally defined under the Americans with Disabilities 
Act and associated regulations, elderly travelers with mobility 
challenges and families with nursing children, among others.
    Accessibility for all covers a wide spectrum of passenger needs. It 
is about working collaboratively with our traveling public, our 
airlines and our business partners to ensure everyone has equal access 
to the benefits of air travel.
    The airport industry recognizes that travel hurdles can have a 
magnified impact when experienced by passengers with disabilities, and 
we are committed to fostering an inclusive air travel experience.
    We strive as an industry to create a welcoming and accessible 
travel experience, and airport accessibility is a primary pillar of the 
overall customer service we provide. Airports have a great story to 
tell about the advancements we are making on these issues with our 
limited resources. MSP especially has been at the forefront of creating 
an accessible passenger experience through investing in technology, 
infrastructure, training and service.
    One of the key challenges airports face relates to the definition 
of accessibility, since the conditions included in the definition 
inform the solutions we develop. Access to airports for those with 
mobility challenges is essential, but we must also consider the 
accessibility needs for travelers facing a wide spectrum of visible and 
non-visible disabilities. The bottom line is that airports are 
committed to creating the most accessible airports for all passengers 
who need to travel.
    Commercial service airports operate in compliance with the 
requirements of the Rehabilitation Act of 1973, the Americans with 
Disabilities Act of 1990, and other state or local standards. In 
general, these standards require airports to make facilities and 
services readily available and useable by individuals with 
disabilities. But airports do not stop there. We work more broadly with 
our government, airline, tenant, and local community stakeholders to 
develop aspirational accessibility goals before designing and 
implementing innovative solutions.
    Many airports also work closely with accessibility advocates and 
experts to help ensure we are incorporating their diverse and important 
perspectives. At MSP, our accessibility journey has been informed and 
guided by the expertise and support provided through our Travelers with 
Disabilities Advisory Committee, or TDAC for short. Established in 
2014, TDAC consists of disability advocates from our community as well 
as airport staff and representatives from airlines, airline 
contractors, and the Transportation Security Administration. The 
chairperson of TDAC is Andrew Palmberg, who represents the Minnesota 
Commission for the Deaf, Blind and Hard of Hearing.
    This committee is results-oriented, providing constructive feedback 
on how we address accessibility complaints and improve programs or 
design facilities that remove barriers for those with disabilities 
while elevating the overall experience for all travelers and airport 
users. It is a key voice in our long-term planning for MSP.
    A critical program we have implemented at MSP in collaboration with 
TDAC is the global sunflower lanyard program. The program allows 
passengers to self-identify that they may have a special need, 
indicated by wearing a green lanyard with sunflowers. The lanyard 
signifies to airport workers to provide additional assistance to the 
passenger wearing it. The global sunflower lanyard program is 
implemented at many airports across the country.
    Assisting passengers with disabilities with self-identification 
upon arrival for travel or when connecting at an airport is an 
important way to make airports more accessible to everyone and has 
become an industry best practice. It is also an outcome of the Air 
Carrier Access Act Advisory Committee, which was created by the 
Department of Transportation as mandated by the FAA Reauthorization Act 
of 2018.
    As an industry, airports recognize the importance of filling 
service gaps throughout the passenger experience, especially for 
passengers with disabilities. As a result, we are going above and 
beyond our compliance standards and achieving increased levels of 
accessibility by deploying new technologies, setting ambitious customer 
service standards, providing enhanced training to airport workers, and 
making important infrastructure investments to meet long-term goals.
    One of the great successes in filling these service gaps has been 
the development of pre-flight training programs for individuals with 
sensory, physical or cognitive disabilities. It began with Boston Logan 
International Airport's Wings for Autism program in 2011. Two years 
later, MSP began its Navigating MSP program.
    Navigating MSP is a partnership between MSP, Delta Air Lines, 
Autism Minnesota, and other local organizations to help individuals 
gain experience traveling through the airport and to prepare them for 
the passenger experience. We hold monthly pre-flight practice runs for 
participants and their families. This includes experiencing the process 
of going through TSA security screening and boarding a real aircraft. 
This year, MSP, in partnership with Delta Air Lines, also unveiled a 
permanent mock cabin training facility at the airport to augment the 
program and accommodate staff training related to accessible travel. 
These airport practice trips, both at MSP and other airports that offer 
these programs, allow individuals and their families to rehearse their 
experience at the airport while bringing airlines and government 
partners together for comprehensive passenger support and education.
    Airports have also made significant infrastructure and technology 
investments to improve the travel journey of those with disabilities. 
At MSP, infrastructure investments include approximately $120 million 
to build 24 state-of-the-art, award-winning accessible restrooms, as 
well as constructing and operating Service Animal Relief Areas in each 
concourse. We also have incorporated adult changing tables in restrooms 
since 2021, with more locations regularly added through our terminal 
and concourse redevelopment efforts. MSP was among the first airports 
to offer the Aira Airport Network at no cost to travelers. Using a 
cellphone app connected to a camera, Aira provides visually impaired 
individuals access to remote assistants to guide them as they navigate 
through the airport. We are also expanding our network of hearing loops 
for the hard-of-hearing, which employs a magnetic, wireless signal that 
can enhance communications for those with hearing aids. MSP was among 
the first U.S. airports to implement this technology.
    Additional examples of accessibility services at MSP include visual 
screens to share public address announcements, web and phone-based 
interpreting services, and closed-captioning on monitors at airline 
gates and food and beverage venues. Beginning this month, MSP will be 
piloting ``talk-to-text'' technology that enables gate announcements to 
be displayed on monitors in real-time for those who are deaf or hard-
of-hearing.
    We understand these efforts are enhancing the travel experience for 
those with disabilities, and we continue to have open dialogue with the 
disability community to identify gaps and offer solutions to improve. 
However, these improvements take time and resources to implement.
    As airports continue their recovery from the pandemic, one thing 
has not changed--substantial infrastructure investments are needed to 
meet the demands of all travelers, including those with disabilities. 
In addition to creating local jobs, new investments in airports can be 
valuable tools in upgrading aging terminals to make them more 
accessible to all.
    Airports are extremely grateful to Congress for passing the 
Bipartisan Infrastructure Law (BIL) this past year, which provided 
airports $20 billion over five years to make much-needed improvements. 
Included in this funding is the Airport Terminal Program (ATP), which 
allocates $1 billion to airports annually over five years for terminal 
projects. Of the $1 billion granted for fiscal year 2022, roughly two-
thirds of the terminal projects accounting for more than $600 million 
in federal funding are incorporating enhancements to accessibility and 
ADA compliance. In fact, at MSP, one of our federally funded terminal 
investment projects will improve accessibility through the replacement 
or relocation of six passenger boarding bridges to ensure they meet ADA 
slope requirements.
    Demand for infrastructure investments at our airports is 
substantial. For fiscal years 2022 and 2023, there have been nearly $25 
billion worth of projects submitted, yet only $1 billion is granted 
each year. U.S. airports have $115 billion in infrastructure needs 
through 2023, according to the most recent infrastructure needs survey 
by Airports Council International-North America. This survey was 
conducted during the COVID-19 pandemic and does not fully account for 
all of the new airport public health-related infrastructure upgrades 
that have since been identified. Those needs are likely to grow when 
new survey results are released in early 2023.
    For these ATP-funded projects, in addition to an array of other 
terminal, landside and airside development projects that U.S. airports 
have underway, accessibility is a critical consideration from the 
earliest stages of planning through project completion. From the sizing 
of restrooms to the design of public address and flight information 
displays to the careful consideration of walking distances--and many 
elements in between--accessibility needs to be designed into modern 
airport facilities.
    As leading economic engines in communities, airports are an 
integral part of the overall travel and tourism industry. While the 
recent investment in the Airport Terminal Program is a welcome 
investment, the funding gap for terminal projects highlights the need 
for additional federal assistance to keep up with travel demands, which 
include those travelers who require improved accessibility.
    Airports are committed to being responsible stewards of our 
industry and the intent to make our airports and terminals more 
accessible, but we need additional assistance to do so. Next year's FAA 
Reauthorization bill is an excellent opportunity to narrow the gap and 
help us achieve this goal of being accessible to all.
    We are committed to working with the House Transportation and 
Infrastructure Aviation Subcommittee and our stakeholders to enhance 
airport accessibility.
    Thank you for having me here today.

    Mr. Larsen of Washington. Thank you for your testimony.
    We will now turn to Matt Scott, three-time Paralympic 
medalist for the Team U.S.A. wheelchair basketball team.
    Thank you very much for joining us. And so, Mr. Scott, we 
will turn to you and recognize you for 5 minutes.
    Mr. Scott. Thank you for having me.
    To the committee, thank you very much.
    My name is Matt Scott, and I have had the honor of 
representing Team U.S.A. for the United States for the 
Paralympics for Team U.S.A.'s wheelchair basketball team 
throughout the last five consecutive Games.
    Throughout this nearly two decades of commitment, I have 
been proud to compete at the highest level and have played an 
enormous role in raising societal perceptions of what it means 
to be a Paralympic athlete.
    The equity in adaptive sports has seen significantly 
positive change, largely due to the public awareness our 
athletes have generated. This awareness has shifted the minds 
in our society, and elite-level Paralympians are being 
acknowledged for their accomplishments and respected for the 
hard work and commitment it takes.
    Unlike our able-bodied counterparts, in order to play 
wheelchair basketball, in order to compete at the highest 
level, we have to have specialized, custom equipment created 
specifically for the purpose of sport. Our sports wheelchairs 
are entirely different from my daily wheelchair that you see me 
in now.
    The wheelchair that I use on a daily basis is vital to my 
mobility needs. It is my primary means of movement. My 
wheelchair makes me feel strong. My wheelchair makes me feel 
independent. My wheelchair makes me feel whole.
    While traveling for competition on numerous occasions, I 
have reached my destination and received my wheelchair 
mishandled, neglected, damaged, and sometimes destroyed beyond 
repair. The reality for the airline in these instances is that 
a piece of equipment is broken, and they are to take 
accountability by replacing it.
    My reality in these instances differs greatly. I consider 
my wheelchair to be an extension of my body. These items cannot 
simply just be replaced.
    I'm an active member in society. I work a full-time 
corporate job, serve on a broad of directors, volunteer time 
with nonprofits, and have several deals that I need to manage 
sponsorship appearances for and conduct a variety of public 
speaking roles throughout the country. Many of these 
commitments require me not only to have access to one of my 
wheelchairs but access to both when I fly. When these items are 
returned to me after being handled improperly by untrained 
personnel, the damage that is done is devastating.
    Traveling internationally to a world competition and 
arriving and realizing only that I will not be able to 
represent the country due to negligence is my worst nightmare 
and a constant fear that many athletes like myself have had to 
experience. My fear is that the chair itself will be replaced 
in time; however, the loss of accolades, loss of income, loss 
of future opportunity--that goes unseen and unaccounted for, 
not to mention the mental and emotional anguish that these 
experiences cause.
    I currently travel with arguably an unhealthy amount of 
anxiety during airline travel that stems from the uncertainty 
of whether I will get my wheelchairs in a suitable condition.
    My goal is it that by providing this testimony, that these 
experiences are palpable. A solution that benefits all parties 
involved is possible when one thing is clearly and universally 
understood: Assistive mobility devices are not to be treated as 
just another piece of equipment, but handled with the 
appropriate care of trained personnel.
    My hope is to be part of the solution. This is not a 
complaint, by any means, but a call to action. And I thank you 
for the opportunity to be heard.
    [Mr. Scott's prepared statement follows:]

                                 
   Prepared Statement of Matt Scott, Three-Time Paralympic Medalist,
                              Team U.S.A.
    My name is Matt Scott and I've had the honor of representing the 
United States of America in the Paralympic games for Team USA's 
wheelchair basketball team throughout the last five consecutive games. 
Throughout this nearly two decades of commitment, I've been proud to 
compete at the highest level, and have played an enormous role in 
raising societal perceptions of what it means to be a Paralympic 
athlete.
    The equity in adaptive sports has seen a significantly positive 
change largely due to the public awareness our athletes have generated. 
This awareness has shifted the minds in our society and elite level 
Paralympians are being acknowledged for their accomplishments and 
respected for the hard work and commitment it takes.
    Unlike our able-bodied counterparts, in order for a wheelchair 
basketball player to compete, we need to have specialized, custom 
equipment created specifically for the purpose of sport. Our sports 
wheelchairs are entirely different from my daily wheelchair.
    The wheelchair that I use on a daily basis is vital to my mobility 
needs as it is my primary means of movement. My wheelchair makes me 
feel strong. My wheelchair makes me feel independent. My wheelchair 
makes me feel whole.
    While traveling for competition on numerous occasions I have 
reached my destination, and received my wheelchairs mishandled, 
neglected, damaged, and sometimes destroyed beyond repair. The reality 
for the airline in these instances is that a piece of equipment is 
broken, and they are to take accountability by replacing it.
    My reality in these instances differs greatly. I consider my 
wheelchairs to be an extension of my body. These items cannot just 
simply be replaced.
    I am an active member in society. I work a full-time corporate job, 
I serve on a board of directors, volunteer time with non-profits, I 
have several endorsement deals, compete in multiple adaptive sports, 
manage sponsorship appearances, and conduct a variety of public 
speaking roles throughout the country. Many of these commitments 
require me to not only have access to one of my wheelchairs, but access 
to both when I fly. When these items are returned to me after being 
handled improperly by untrained airport personnel, the damage that is 
done is devastating.
    Traveling internationally to a world class competition and upon 
arrival realizing I won't be able to represent the country due to 
negligence is my worst nightmare, and a constant fear that many 
athletes like myself have had to experience. My fear is that the chair 
itself will be replaced in time; however the loss of accolades, loss of 
income, loss of future opportunity goes unseen and unaccounted for. Not 
to mention the mental and emotional anguish these experiences cause.
    I currently travel with an arguably unhealthy amount of anxiety 
during airline travel that stems from the uncertainty of whether I'll 
get my wheelchairs returned to me in a suitable condition.
    My goal is that by providing this testimony that these experiences 
are palpable. A solution that benefits all parties involved is possible 
when one thing is clearly and universally understood. Personal 
wheelchairs and other types of assistive mobility devices are not to be 
treated as just another piece of equipment but handled with the 
appropriate care of trained personnel.
    My hope is to be part of the solution. This is not a complaint but 
a call to action. Thank you for an opportunity to be heard.

    Mr. Larsen of Washington. Thank you, Mr. Scott, for your 
testimony. And we will be back to you with some questions after 
we hear from two more witnesses.
    We will now hear from Heather Krause, Director of Physical 
Infrastructure at the Government Accountability Office.
    And, as I noted before the hearing, good to see you 
actually in person, finally.
    Ms. Krause. Yes. Thank you.
    Chair Larsen, Ranking Member Graves, Chair DeFazio, and 
members of the subcommittee, thank you for the opportunity to 
discuss GAO's work on accessibility in air travel.
    Having accessible air travel is critical given that one in 
four adults in the U.S. have a mobility, cognitive, hearing, 
vision, or other disability. Without effective accommodations, 
such as appropriate assistance and communication, air travel by 
passengers with disabilities can be extremely challenging. 
Recent data show almost 1,400 disability-related complaints to 
DOT in 2021, which is up 54 percent from the complaints 
received in 2019.
    Various Federal requirements, including the Air Carrier 
Access Act, are designed to help ensure that air travel is 
accessible and available to people with disabilities on a 
nondiscriminatory basis. More recently, the FAA Reauthorization 
Act of 2018 directed DOT to implement various provisions to 
improve accessible air travel.
    My testimony today is based on past and recent work 
examining aviation accessibility issues and focuses on, one, 
barriers to accessible air travel; two, steps airports and 
airlines have taken to reduce those barriers; and, three, DOT's 
actions to respond to accessibility-related provisions and 
enforce accessibility-related regulations.
    First, our past work has highlighted a range of barriers 
that passengers with disabilities face in navigating through 
airports. For example, infrastructure-related barriers, such as 
large, complex airports, can require more cognitive and 
physical effort to navigate. Essential travel information, such 
as flight status and emergency response instructions, is not 
always available in a format for all. In addition, TSA's 
screening practices may more frequently subject passengers with 
disabilities to additional screening.
    We also identified barriers that airlines are responsible 
for addressing. These include difficulties obtaining wheelchair 
and customer assistance, accessing onboard lavatories, and 
stowing wheelchairs or other assistive devices without damage.
    We reported that some airports and airlines have sought to 
reduce these barriers. For example, airports have installed new 
or improved ramps, elevators, and restrooms to comply with the 
Americans with Disabilities Act. Some airports have also 
implemented technology and other solutions that go beyond ADA 
requirements, including wayfinding and other individualized 
navigation assistance. In addition, airlines have been involved 
in a number of industry-led working groups, including efforts 
to develop new training to improve service for passengers with 
disabilities.
    While airport and airline efforts can help some passengers 
more easily or independently move through U.S. airports, these 
efforts vary among and even within airports. As noted by 
disability advocacy groups, airlines, airports, and others we 
have interviewed, no airport has addressed all barriers.
    Turning to DOT, we found that the agency has taken steps to 
implement 10 accessibility-related provisions in the 2018 act. 
For example, DOT now requires the largest U.S. airlines to 
report the number of wheelchairs and scooters that were 
transported and damaged. DOT has also initiated rulemaking 
processes to address several other provisions in the act, 
including improving wheelchair assistance and providing prompt 
assistance to passengers with disabilities.
    DOT has also taken steps to address other longstanding 
issues important to passengers with disabilities, including 
issuing a notice of proposed rulemaking to address accessible 
lavatories for single-aisle aircraft.
    Regarding disability-related enforcement actions, DOT has 
taken one since 2019, although the number of disability-related 
complaints to airlines and DOT has increased in recent years 
and is on track to exceed 2021 levels.
    We recommended in October 2020 that DOT increase 
transparency over its enforcement-related activities. The 
agency has not yet done so but said it intends to provide more 
transparency and clarity into the results of its broader 
enforcement activities by year's end.
    Implementing our recommendations is critical to helping the 
public understand whether and how DOT's broader enforcement 
activities are addressing the increasing number of disability-
related complaints.
    In closing, as the U.S. population ages, passengers with 
disabilities will be a growing customer segment of air 
travelers. While no one solution can address all barriers, the 
Federal Government, airlines, and airports, in coordination 
with the disability community, must continue to increase 
accessibility and ensure safe and dignified air travel for all.
    This concludes my statement, and I look forward to 
answering your questions.
    [Ms. Krause's prepared statement follows:]

                                 
       Prepared Statement of Heather Krause, Director, Physical 
         Infrastructure, U.S. Government Accountability Office
    Chair Larsen, Ranking Member Graves, and Members of the 
Subcommittee:
    Thank you for the opportunity to discuss issues regarding the 
accessibility of air travel in the United States. According to the 
Centers for Disease Control and Prevention (CDC), more than 61 million 
adults in the United States (1 in 4) have a mobility, cognitive, 
hearing, vision or other disability.\1\ The Department of 
Transportation (DOT) estimated that roughly 27 million passengers with 
disabilities traveled by air in 2019. In light of an aging population 
in the United States, travelers with disabilities will be a growing 
customer segment for airlines. Without effective accommodations--such 
as communication of essential flight information, accessible seats and 
lavatories, appropriate boarding assistance, and careful handling and 
stowage of wheelchairs and other assistive devices--passengers with 
disabilities may face challenges when flying on a commercial airline.
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    \1\ Centers for Disease Control and Prevention, accessed November 
7, 2022, https://www.cdc.gov/ncbddd/disabilityandhealth/infographic-
disability-impacts-all.html.
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    Various federal statutory and regulatory requirements are designed 
to help ensure that air travel is accessible for people with 
disabilities, including both physical and mental conditions.\2\ For 
example, the Americans with Disabilities Act (ADA) prohibits 
discrimination against people with disabilities by public entities, 
such as airports.\3\ In addition, the Air Carrier Access Act (ACAA) of 
1986, as amended, prohibits airlines from discriminating when providing 
air transportation on the basis of disability.\4\ DOT is responsible 
for implementing and enforcing ACAA regulations.\5\
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    \2\ For example, the Air Carrier Access Act of 1986, as amended, 
defines an individual with a disability as any individual who has a 
physical or mental impairment that, on a permanent or temporary basis, 
substantially limits one or more major life activities, has a record of 
such an impairment, or is regarded as having such an impairment. 14 
C.F.R. Sec.  382.3.
    \3\ With respect to air travel, Title II of the ADA and its 
implementing regulations are applicable to public entities, including 
state and local authorities that operate airports.
    \4\ Pub. L. No. 99-435, 100 Stat. 1080 (codified as amended at 49 
U.S.C. Sec.  41705). The Air Carrier Access Act's implementing 
regulations define an individual with a disability as any individual 
who has a physical or mental impairment that, on a permanent or 
temporary basis, substantially limits one or more major life 
activities, has a record of such an impairment, or is regarded as 
having such an impairment. 14 C.F.R. Sec.  382.3.
    \5\ The ACAA prohibits discrimination on the basis of disability in 
air travel, whereas the ADA, among other things, prohibits 
discrimination and ensures equal opportunity and access for persons 
with disabilities in public accommodations, commercial facilities and 
transportation by bus, rail, or any other conveyance, other than by 
aircraft With respect to building accessibility standards and 
requirements, the Architectural Barriers Act of 1968, as amended, 
applies to buildings and facilities such as U.S. public airports that 
are recipients of federal financial assistance, and requires such 
buildings and facilities to meet minimum design standards to ensure 
access for persons with physical disabilities. Pub. L. No. 90-480, 82 
Stat. 718 (1968) (codified as amended at 42 U.S.C. Sec. Sec.  4151-56).
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    The FAA Reauthorization Act of 2018 included a number of provisions 
specifically designed to address the accessibility of air travel.\6\ 
Despite recent efforts to address these provisions, as well as other 
ongoing actions to improve passenger's experience, airlines and DOT 
continue to receive disability-related travel complaints. In 2021, DOT 
received 1,394 disability-related complaints, an increase of more than 
157 percent from the total of 541 complaints received in 2020, and up 
54 percent from the 905 disability complaints received in 2019.\7\ DOT 
forwards all disability complaints it receives to the airline, which is 
required to respond. DOT reviews the airline's response and determines 
whether to open an investigation by weighing numerous factors, 
including whether DOT believes an airline is systematically violating 
civil rights requirements or engaging in particularly egregious 
conduct.
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    \6\ See e.g., FAA Reauthorization Act of 2018, Pub. L. No. 115-254, 
Sec. Sec.  337, 426, 431-441, 577, 1950, 132 Stat. 3186, 3281, 3339, 
3342-47, 3394, 3589.
    \7\ In addition, for 2019 (the most recent year for which data are 
reported), DOT reported that 42,418 disability-related complaints were 
filed with airlines, a 15 percent increase over 2018. U.S. Department 
of Transportation, Annual Report on Disability-Related Air Travel 
Complaints Received During Calendar Year 2019 (Washington, D.C.: 2022).
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    My statement today is based on our body of work on a variety of 
aviation accessibility issues--including barriers to accessible air 
travel, training for customer service personnel, and DOT oversight of 
consumer protections, among other things.\8\ Specifically, this 
statement describes: (1) barriers to accessible air travel; (2) steps 
that airports and airlines have taken to reduce those barriers; and (3) 
status of actions taken by DOT to respond to accessibility-related 
provisions in the FAA Reauthorization Act of 2018 and to enforce ACAA 
accessibility regulations.
---------------------------------------------------------------------------
    \8\ GAO, Aviation Security: TSA Should Assess Potential for 
Discrimination and Better Inform Passengers of the Complaint Process, 
GAO-23-105201, (Washington, D.C., Nov. 7, 2022); GAO, Passengers with 
Disabilities: Airport Accessibility Barriers and Practices and DOT's 
Oversight of Airlines' Disability-Related Training, GAO-21-354, 
(Washington, D.C.: April 14, 2021); GAO, Aviation Consumer Protection: 
Increased Transparency Could Help Build Confidence in DOT's Enforcement 
Approach, GAO-21-109, (Washington, D.C., Oct. 13, 2020); GAO, Aviation 
Consumer Protection: Few U.S. Aircraft Have Lavatories Designed to 
Accommodate Passengers with Reduced Mobility, GAO-20-258 (Washington, 
D.C.: Jan. 7, 2020); and GAO, Passengers with Disabilities: Air 
Carriers' Disability-Training Programs and the Department of 
Transportation's Oversight, GAO-17-541R (Washington, D.C.: May 31, 
2017).
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    To conduct our prior work, we reviewed DOT and Federal Aviation 
Administration (FAA) documents and guidance, and applicable statutes 
and regulations; analyzed DOT disability-related complaint data, and 
conducted interviews with DOT officials and representatives from 
selected airlines, airports, and consumer and disability advocacy 
organizations, among others. More detailed information on our 
objectives, scope, and methodology can be found in each of the 
reports.\9\
---------------------------------------------------------------------------
    \9\ See GAO-23-105201; GAO-21-354; GAO-21-109; GAO-20-258; and GAO-
17-541R.
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    For this statement, in addition to reviewing our prior work, we 
reviewed DOT's recent rulemaking actions related to accessibility 
issues and the Air Carrier Access Act (ACAA) Advisory Committee 
Recommendations, issued in February 2022.\10\ To identify actions taken 
by DOT to make air travel more accessible, we identified and confirmed 
with DOT the relevant 10 provisions related to accessible air travel 
directed at DOT in the FAA Reauthorization Act of 2018. We reviewed 
documents related to DOT efforts taken in response to these provisions 
and other DOT efforts to address accessibility. We also interviewed DOT 
and FAA officials to obtain additional status information. We conducted 
the work on which this testimony is based in accordance with generally 
accepted government auditing standards. Those standards require that we 
plan and perform the audit to obtain sufficient, appropriate evidence 
to provide a reasonable basis for our findings and conclusions based on 
audit objectives. We believe the evidence obtained provides a 
reasonable basis for our findings and conclusions based on our audit 
objectives.
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    \10\ Air Carrier Access Act Advisory Committee Recommendations, 
(Washington, D.C.: Feb 4, 2022). The ACAA Advisory Committee was 
appointed in 2019 to advise the Secretary of DOT about issues relating 
to the air travel needs of passengers with disabilities. It was created 
to identify and assess disability-related access barriers encountered 
by air travelers with disabilities, evaluate the extent to which DOT's 
programs and activities are addressing these disability-related access 
barriers, and recommend actions to improve the air travel experience of 
passengers with disabilities. Committee members include representatives 
from national disability organizations, airlines, airport operators, 
aircraft and wheelchair manufacturers, and airline contract service 
providers.
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   Passengers with Disabilities Continue to Face Airport and Airline 
                         Accessibility Barriers
    In our prior work, we found that passengers with disabilities face 
a range of barriers that present challenges to accessible air travel, 
in navigating both through airports and onboard an aircraft (see fig. 
1). Airport operators, Transportation Security Administration (TSA) 
employees, airline employees, and airline contractors all play a role 
in helping ensure that air travel facilities and services are 
accessible and providing assistance for passengers with disabilities.

 Figure 1: Potential Barriers for Passengers with Disabilities in Air 
                                 Travel

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                       Source: GAO. GAO-23-106358

Airports
    According to representatives from the majority of the 16 U.S. 
airports and four aviation industry associations we interviewed for our 
April 2021 report, the infrastructure at some airports, which includes 
terminal buildings and related facilities used by passengers, does not 
provide equal access to airport services for passengers with different 
types of disabilities.\11\ For example, limited elevator capacity can 
create bottlenecks that negatively affect passengers with mobility 
disabilities in busy terminals. The varying size, age, and state of 
renovations in airport terminal buildings can affect accessibility. For 
example, according to disability advocacy organizations we met with, 
infrastructure-related barriers may be more pronounced at large complex 
airports, as large airports tend to have longer distances to travel 
between gates than smaller airports, and airports with complex layouts 
can require more cognitive and physical effort to navigate than simpler 
airports.
---------------------------------------------------------------------------
    \11\ GAO-21-354.
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    Some airport representatives also stated that the infrastructure 
investments they made have not eliminated all access issues. For 
instance, some airports might have certain accessibility features in 
some, but not all, locations within an airport. Furthermore, passengers 
are not able to plan their trip to ensure their gate is located near 
certain accessibility offerings such as technology to assist passengers 
who are deaf, which might only be installed in one terminal, or only at 
specified locations such as at one or two gates.
    We also found that information essential to traveling through an 
airport is not always accessible to passengers with disabilities. Key 
information can include flight and boarding status, emergency-response 
instructions, and how to navigate from point to point in the airport. 
Passengers with blindness and low vision may have difficulty using 
airports' information systems that communicate key flight information. 
In addition, representatives from advocacy organizations we met with 
for our April 2021 report told us that a person with hearing loss may 
miss crucial information provided over a loudspeaker, while a person 
with cognitive disabilities or low vision may find it difficult to 
decipher signage that is cluttered, unintuitive, or includes low 
contrast lettering.
    Passengers with disabilities may also face barriers in the airport 
screening process. Earlier this month we issued a report that found 
that TSA's screening practices may result in certain populations being 
subjected to additional screening more frequently than others.\12\ 
Among those more likely to face additional screening are passengers 
with prosthetics or in wheelchairs. TSA agreed with our recommendations 
to undertake measures to, among other things, collect data on referrals 
for additional screening and assess whether TSA's passenger screening 
practices comply with nondiscrimination policies, as well as to better 
inform the public as to how to file a complaint.\13\
---------------------------------------------------------------------------
    \12\ GAO-23-105201.
    \13\ GAO-23-105201. The Department of Homeland Security, within 
which TSA resides, concurred with all of our recommendations.
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Airlines
    Our prior work and that of DOT's ACAA Advisory Committee found that 
passengers with disabilities face a range of barriers for which 
airlines are responsible for addressing. For example:
      Provision of assistance. In April 2021, we found that 
airlines do not always provide adequate or sensitively delivered 
customer service in airports. While passengers with disabilities often 
rely on wheelchair or other guided assistance from airline employees or 
airline contractor personnel during their airport journey, some noted 
that these personnel might be difficult to locate, unavailable where 
needed, or might not provide assistance with the appropriate level of 
sensitivity.
      Wheelchair assistance. During our audit for that same 
2021 report, selected airlines and contractors told us that a range of 
factors could affect the quality and timeliness of wheelchair service, 
such as difficulty predicting passenger requests for assistance and 
personnel turnover. A DOT review of disability-related complaints from 
2015 through 2019 found that failure to provide timely wheelchair 
assistance was the number one disability complaint each year.
      Ticketing/service requests. Variations in ticketing 
processes and codes can result in inconsistencies in the service 
provided to passengers with disabilities by different airlines. 
Airlines and travel agents process requests from passengers with 
disabilities for special accommodations and transmit those requests in 
codes in the form of international standardized Special Service 
Requests, both at the time of booking and throughout the passenger's 
travel with the airline. According to the 2022 ACAA Advisory Committee 
report, some airlines and travel agents may use additional, non-
standard codes.\14\ As a result, certain service request codes may not 
be recognized and processed by other airlines' and ticket agents' 
systems.
---------------------------------------------------------------------------
    \14\ Air Carrier Access Act Advisory Committee Recommendations 
(Washington, D.C.: Feb 4, 2022).
---------------------------------------------------------------------------
      Handling and stowage of devices. Damage to wheelchairs 
and other assistive devices in air travel remains a significant source 
of concern for passengers with mobility disabilities. Much of the 
damage to wheelchairs, particularly power wheelchairs and scooters, 
occurs when the devices are stowed in an aircraft's cargo compartment, 
according to the 2022 ACAA Advisory Committee report. According to a 
DOT review of disability-related complaints, in 2019, over 10,000 
wheelchairs were mishandled by airlines, roughly 1.5 percent of the 
total handled. While the percentage is small, when a wheelchair is lost 
or damaged, the consequences to a traveler can be devastating.
      Onboard assistance and lavatories. For passengers with 
disabilities, embarking and disembarking the aircraft can be a lengthy 
process and require assistance from personnel. After boarding, 
passengers with reduced mobility may need to access aircraft 
lavatories. While larger twin-aisle aircraft are required to provide at 
least one lavatory accessible to passengers using the aircraft's on-
board wheelchair, no such rule exists for single-aisle aircraft. We 
found in 2020 that single-aisle aircraft are increasingly used for 
longer flights. We also found that the airlines we met with rarely 
elected to equip their single-aisle aircraft with an accessible 
lavatory, even though aircraft manufacturers offer this design 
configuration. Therefore, most lavatories on single-aisle aircraft are 
inaccessible to passengers relying on an onboard wheelchair designed to 
fit down narrow aircraft aisles unless they are able to stand and pivot 
from the wheelchair into the lavatory.\15\
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    \15\ DOT requires air carriers to provide onboard wheelchairs on 
most aircraft with more than 60 passenger seats that have an accessible 
lavatory and when requested by a passenger with a disability even if 
the aircraft does not have an accessible lavatory. 14 C.F.R. Sec.  
382.65.
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    Airports and Airlines Have Taken Steps to Make Air Travel More 
                               Accessible
    Our April 2021 report found that some airports and airlines have 
sought to reduce barriers to air travel for passengers with 
disabilities. Some of the steps they have taken are pursuant to federal 
requirements, while others have been voluntary.
Airports
    We previously reported that airports have been investing heavily in 
large capital projects to expand and renovate airport facilities.\16\ 
Such projects may include accessibility components, such as additional 
curb cuts to make it easier for passengers using wheelchairs to access 
the sidewalk at drop-off as well as improvements to ramps, elevators, 
public restrooms, and signage designed to provide equal access in 
compliance with ADA requirements for new construction. Some recent 
airport improvements are being funded by federal grants, such as the 
Airport Terminal Program (ATP) grants established under the 
Infrastructure Investment and Jobs Act.\17\ The ATP is a discretionary 
grant program that considers whether the project achieves ADA 
compliance or expands access to persons with disabilities among the 
selection criteria. FAA officials said that for fiscal year 2022, the 
first year of the ATP, 73 airports received a total of approximately 
$826 million in grants for projects that include one or more components 
that improve accessibility.
---------------------------------------------------------------------------
    \16\ GAO, Airport Infrastructure: Information on Funding and 
Financing for Planned Projects, GAO-20-298 (Washington, D.C.: Feb. 13, 
2020).
    \17\ Pub. L. No. 117-58, 135 Stat. 429, 1418 (2021).
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    To further improve the passenger experience for passengers with 
disabilities, representatives at some airports told us they have 
implemented technology and other solutions that go beyond ADA 
requirements. Figure 2 provides examples of the types of investments 
that airports are taking to improve the passenger experience. While 
these investments can help some passengers more easily or independently 
navigate some U.S. airports, accessibility barriers remain. Notably, 
the nature and extent of investments varies among airports and even 
within airports. Stakeholders also said that no single solution meets 
all disability needs, and no airport has addressed all barriers.

Figure 2: Examples of Airport Accessibility Features to Help Passengers 
     with Disabilities Access and Navigate Airports, as Previously 
                       Identified by Stakeholders

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                       Source: GAO. GAO-23-106358

    Our 2021 report also identified a range of promising practices some 
airports are using to identify barriers and make their airports more 
accessible. For instance, airport representatives described approaches 
such as establishing standing committees to involve a wide range of 
external disability-community and passenger representatives in key 
airport infrastructure decision-making.\18\ The committees allow 
airport planners, architects, and designers to consult with these 
representatives on questions of inclusive design and obtain insight 
into how passengers with different disabilities interact with the 
airport. We also identified airports' efforts to conduct service 
quality checks to proactively identify airport service gaps and 
accessibility barriers and to provide supplemental disability-related 
training for airport employees, among other things.
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    \18\ At time of our 2021 review, four selected airports had these 
type of committees.
---------------------------------------------------------------------------
Airlines
    Our April 2021 report also identified some steps that airlines were 
taking to make air travel more accessible.\19\ For example, we reported 
that all selected airlines we interviewed said that they have convened 
roundtables or held meetings with members from the disability community 
to help inform the airlines' efforts to provide better customer 
service.
---------------------------------------------------------------------------
    \19\ GAO-21-354.
---------------------------------------------------------------------------
    We also reported that airlines have been involved in a number of 
industry-led working groups intended to better service passengers with 
disabilities, including developing new training components that may 
help improve service. For example, we reported in April 2021 that an 
industry association and some airlines were part of groups that are 
developing guidance for passengers and a training manual for airlines 
to better support those who travel with personal wheelchairs. In that 
same report, we found that all airlines and contractors designed their 
disability-related training programs to meet or exceed the ACAA's 
regulatory training requirements. Further, we reported that DOT had not 
found training issues to be a significant root cause of airline 
disability-related service violations.\20\ Even so, DOT officials 
stated that training is important and can always be improved.
---------------------------------------------------------------------------
    \20\ In 2021, we reported that 33 out of the 380 consent orders 
issued by DOT from 2008 through 2019 contained disability-related 
violations and that only one consent order found a commercial airline 
was non-compliant with the ACAA training regulations. See GAO-21-354. 
In 2017, we found that all 12 selected air carriers had training 
programs that addressed disability-related training requirements, with 
some variations in the specific content and format. See GAO-17-541R.
---------------------------------------------------------------------------
    In February 2022, the ACAA Advisory Committee made a number of 
recommendations to airlines that could help address two of the key 
barriers we previously identified. For example:
      Handling and stowage of devices: A number of these 
recommendations were designed to reduce damage to power wheelchairs and 
scooters. For instance, the committee recommended standards and 
improvements to airline checklists and forms for handling wheelchairs 
to make them more consistent across airlines and written in plain 
language.
      Ticketing/service requests: The committee recommended the 
establishment of a working group led by International Air Transport 
Association to address the need for airlines and ticket agents to 
consistently apply the Special Service Request codes. The committee 
also recommended training for reservation agents and other personnel on 
proper usage of those codes. Additionally, the committee recommended 
that airlines consider adding the capability to retain requests for 
special accommodations in future upgrades of their frequent flyer 
systems.

    In addition, the committee recommended that airlines provide 
advance notice to disability rights organizations representing affected 
communities if the airline issued new or modified major airline 
policies that would affect passengers with disabilities. The advisory 
committee reasoned that although airlines are not required to consult 
with disability organizations before doing so, the advance notice would 
allow organizations to alert their members and may provide an 
opportunity for further discussion.
    In October 2022, Airlines for America, representing the major U.S. 
passenger airlines, announced a commitment to improve accessibility in 
air travel.\21\ This commitment includes the creation of a passenger 
accessibility advisory group at each airline to improve policies and 
operations. The commitment also includes improvements to the handling 
of personal mobility aids, enhancing accessibility services training 
and education about disabilities for frontline airline employees, and 
supporting the continued study of safe and feasible aircraft 
accessibility features.\22\ The announcement did not include a 
timetable of specific actions, so at this time it is unclear how and 
when these efforts will be implemented.
---------------------------------------------------------------------------
    \21\ A4A, ``U.S. Airlines Strengthen Commitment to Passenger 
Accessibility,'' accessed Nov. 2, 2022 at: https://www.airlines.org/
news/u-s-airlines-strengthen-commitment-to-passenger-accessibility.
    \22\ In 2021, the Transportation Research Board (TRB) issued a 
preliminary report on securing passenger wheelchairs on aircraft. The 
report found that there were no formidable issues that present design 
and engineering challenges for installing in-cabin wheelchair 
securement systems in airplanes. See TRB, Technical Feasibility of a 
Wheelchair Securement Concept for Airline Travel: A Preliminary 
Assessment, (Washington, D.C.: Sept. 15, 2021).
---------------------------------------------------------------------------
DOT Has Taken Steps to Implement Accessibility-Related Provisions, but 
        Its Enforcement Activities Continue to Lack Transparency
    DOT has taken steps to implement all of the accessibility-related 
FAA Reauthorization Act of 2018 provisions requiring actions by DOT, 
and has completed actions on half of the provisions.\23\ Table 1 
summarizes the relevant statutory requirements and the status of DOT's 
actions as of November 2022, based on our review of recent regulatory 
activities and information provided by DOT and FAA officials.
---------------------------------------------------------------------------
    \23\ In addition, Section 1950 of the FAA Reauthorization Act of 
2018 requires TSA to revise training requirements for Transportation 
Security Officers related to the screening of passengers with 
disabilities (FAA Reauthorization Act of 2018, Sec.  1950(a), 132 Stat. 
at 3589). According to a 2019 report to Congress, TSA has made some 
improvements to its processes for screening passengers with 
disabilities. In particular, TSA has made efforts to engage with the 
disability community to revise initial and recurrent training for TSA 
officers and to address complaint trends through updated training. See: 
TSA, Improvements for Screening of Passengers with Disabilities, Fiscal 
Year 2019 Report to Congress (Washington, D.C.: Oct. 3, 2019). As we 
reported earlier this month, TSA has also improved signage at screening 
areas to inform passengers with disabilities about how to receive 
assistance and provide contact information for filing complaints 
alleging mistreatment based on disability, in response to a requirement 
in the FAA Reauthorization Act of 2018 (FAA Reauthorization Act of 
2018, Sec.  1950(c), 132 Stat. at 3590).

 Table 1: Status of Selected Accessibility-Related Provisions for the Department of Transportation (DOT) in the
                              FAA Reauthorization Act of 2018, as of November 2022
----------------------------------------------------------------------------------------------------------------
               Section                       Requirement         Actions taken to date            Status
----------------------------------------------------------------------------------------------------------------
Section 337..........................  In consultation with     FAA issued its findings  Completed.
                                        prescribed               to Congress on March
                                        stakeholders,            31, 2022, with 12
                                        including groups         recommendations.
                                        representing
                                        passengers, Federal
                                        Aviation
                                        Administration (FAA)
                                        to study and issue
                                        findings to Congress
                                        on aircraft cabin
                                        evacuation procedures
                                        used by airlines.
----------------------------------------------------------------------------------------------------------------
Section 432..........................  The Architectural and    The Transportation       Completed.
                                        Transportation           Research Board (TRB)
                                        Barriers Compliance      issued a preliminary
                                        Board, in consultation   assessment,
                                        with DOT and others,     ``Technical
                                        to study in-cabin        Feasibility of a
                                        wheelchair restraint     Wheelchair Securement
                                        systems.                 Concept for Airline
                                                                 Travel'' in 2021. In
                                                                 July 2022, DOT
                                                                 committed to
                                                                 developing a research
                                                                 roadmap building on
                                                                 the TRB report to
                                                                 support future
                                                                 rulemaking.
----------------------------------------------------------------------------------------------------------------
Section 433..........................  DOT to develop, if       While DOT officials      In progress.
                                        appropriate,             told GAO that they did
                                        recommendations to       not determine it
                                        improve wheelchair       necessary to make any
                                        assistance for persons   such recommendations,
                                        with disabilities.       DOT reported in
                                                                 September 2022 that it
                                                                 had initiated a
                                                                 rulemaking process to
                                                                 ensure safe
                                                                 accommodations for air
                                                                 travelers with
                                                                 disabilities using
                                                                 wheelchairs. This
                                                                 would include
                                                                 requirements for
                                                                 airlines to provide
                                                                 hands-on training to
                                                                 their employees and
                                                                 contractors who assist
                                                                 passengers with
                                                                 mobility disabilities
                                                                 or handle battery-
                                                                 powered wheelchairs.
----------------------------------------------------------------------------------------------------------------
Section 434..........................  DOT to develop           DOT developed and        In progress.
                                        ``Airline Passengers     posted Airline
                                        with Disabilities Bill   Passengers with
                                        of Rights.'' Airlines    Disabilities Bill of
                                        are to submit training   Rights in July 2022.
                                        plans related to the     DOT plans to seek
                                        Bill of Rights           authorization under
                                        protections to DOT for   the Paperwork
                                        review.                  Reduction Act to
                                                                 collect airline
                                                                 training plans.
----------------------------------------------------------------------------------------------------------------
Section 437..........................  DOT to conduct a         Final rule issued        Completed.
                                        rulemaking proceeding    December 2020,
                                        to harmonize service     effective January 11,
                                        animal standards.        2021.
----------------------------------------------------------------------------------------------------------------
Section 438..........................  Direct the Air Carrier   Final Report, Air        Completed.
                                        Access Act (ACAA)        Carrier Access Act
                                        Advisory Committee to    Advisory Committee
                                        review regulations       Recommendations,
                                        with respect to          submitted to DOT on
                                        practices for            February 4, 2022.
                                        ticketing, pre-flight
                                        seat assignments, and
                                        stowing of assistive
                                        devices for passengers
                                        with disabilities.
----------------------------------------------------------------------------------------------------------------
Section 439..........................  DOT to establish an      Advisory committee       In progress.
                                        advisory committee to    established in 2019,
                                        identify and assess      and remains
                                        barriers to access and   established through
                                        DOT programs that        September 30, 2023.\a\
                                        address these            Final report with
                                        barriers, recommend      recommendations issued
                                        consumer protection      Feb. 4, 2022.
                                        improvements, and        According to DOT
                                        advise DOT on            officials, DOT is
                                        implementation of the    reviewing the report
                                        Air Carrier Access       and considering the
                                        Act, among other         Committee's
                                        activities.              recommendations.
----------------------------------------------------------------------------------------------------------------
Section 440..........................  DOT to review, and if    DOT has initiated the    In progress.
                                        necessary, revise        rulemaking process to
                                        applicable regulations   ensure safe
                                        to ensure dignified,     accommodations for air
                                        timely and effective     travelers with
                                        assistance for           disabilities using
                                        passengers with          wheelchairs. DOT has
                                        disabilities in air      also initiated the
                                        transportation.          rulemaking process to
                                                                 ensure prompt
                                                                 assistance for
                                                                 passengers with
                                                                 disabilities in moving
                                                                 within the airport.
----------------------------------------------------------------------------------------------------------------
Section 441..........................  Compliance date for DOT  In October 2018, DOT     Completed.
                                        final rule on            issued a notice of
                                        Reporting of Data for    enforcement policy
                                        Mishandled Baggage and   advising airlines of
                                        Wheelchairs and          the statutorily
                                        Scooters Transported     mandated effective
                                        in Aircraft Cargo        date for reporting of
                                        Departments was          mishandled baggage and
                                        mandated to be           wheelchair and scooter
                                        effective not later      data by airlines.
                                        than 60 days after the
                                        enactment of the FAA
                                        Reauthorization Act of
                                        2018, enacted October
                                        5, 2018.
----------------------------------------------------------------------------------------------------------------
Section 577..........................  FAA to issue, after      FAA's request for        In progress.
                                        notice and comment,      public comments on
                                        such rules as            minimum seat
                                        necessary for the        dimensions necessary
                                        safety of passengers     for safety closed on
                                        with regard to minimum   November 1, 2022.
                                        seat dimensions.         According to FAA
                                                                 officials, the agency
                                                                 is reviewing over
                                                                 26,000 comments.
----------------------------------------------------------------------------------------------------------------
Source: GAO analysis of DOT regulatory and other actions, and information obtained from DOT and FAA officials,
  as of November 2022. GAO-23-106358.
Notes: Section 1950 of the 2018 Act requires the Transportation Security Administration (TSA) to revise training
  requirements related to the screening of passengers with disabilities. TSA has addressed the complaints
  analysis and signage requirements and has developed courses on traveling with a medical device and traveling
  with a prosthetic. In November 2022, we reported that TSA officials told us that they do not collect data on
  estimated wait times for assist requests for passengers with disabilities.
\a\ Per Sec. 439: The terms of the previously appointed ACAA Advisory Committee members have expired. DOT
  published a notice in the Federal Register soliciting applications and nominations for new membership to the
  Committee, and officials told us they were reviewing the applications and nominations, as of November 2022.

    Some of these completed actions provide additional insight into 
ongoing areas of concern. For instance, DOT issued a notice to the 
largest U.S. airlines establishing a compliance date in December 2018 
for reporting requirements on the number of wheelchairs and scooters 
that were enplaned and the number of these items that were 
mishandled.\24\ According to the most recent data reported for the 
month of August 2022, of the nearly 68,000 wheelchairs and scooters 
enplaned by these U.S. airlines, 1,057 wheelchairs and scooters were 
mishandled (1.6 percent).\25\
---------------------------------------------------------------------------
    \24\ See Notice of Enforcement, 83 Fed. Reg. 53991 (Oct. 26, 2018) 
setting an enforcement date for final rule requirements regarding 
reporting of data for mishandled baggage, wheelchairs, and scooters 
transported in aircraft cargo compartments issued in November 2016, 81 
Fed. Reg. 76300 (Nov. 2, 2016), implementing FAA Reauthorization of 
2018, Sec.  441, 132 Stat. at 3347.
    \25\ DOT, Air Travel Consumer Report (October 2022), accessed Nov. 
3, 2022, https://www.transportation.gov/individuals/aviation-consumer-
protection/october-2022-air-travel-consumer-report.
---------------------------------------------------------------------------
    Other DOT actions are ongoing. For example, in July of this year, 
DOT published the Airline Passengers with Disabilities Bill of Rights 
as required by the FAA Reauthorization of 2018.\26\ According to DOT, 
this Bill of Rights is a living document that describes the fundamental 
rights of travelers with disabilities, such as the right to be treated 
with dignity and respect and the right to accessible airport facilities 
and assistance on the aircraft. According to agency officials, DOT 
developed this document to serve as an easy-to-use reference to assist 
passengers with disabilities in understanding their rights, as well as 
airline personnel and contractors, in understanding their legal 
obligations, under the ACAA. DOT officials told us that they will be 
seeking to collect and review airline disability training plans as also 
required under the Airline Passengers with Disabilities Bill of Rights 
provision.
---------------------------------------------------------------------------
    \26\ FAA Reauthorization of 2018, Sec. . 434, 132 Stat. at 3343. 
Airline Passengers with Disabilities Bill of Rights. See Airline 
Passengers with Disabilities Bill of Rights at https://
www.transportation.gov/airconsumer/disabilitybillofrights.
---------------------------------------------------------------------------
    Additional work remains to complete several other important 
provisions in the Act, including:
      Provision of assistance. The FAA Reauthorization Act of 
2018 required DOT to review and, if necessary, revise applicable 
regulations ensuring assistance for passenger with disabilities in air 
transportation.\27\ According to agency officials, after completing its 
review, DOT has decided to initiate a rulemaking to ensure safe 
accommodations for passengers who use wheelchairs. DOT has also 
initiated the rulemaking process to ensure airlines understand their 
obligation under the ACAA to provide prompt assistance upon request in 
moving within the airport. Department officials expect additional 
information on these rulemakings to be included in the upcoming Fall 
2022 Unified Agenda of Regulatory and Deregulatory Actions.\28\
---------------------------------------------------------------------------
    \27\ FAA Reauthorization Act of 2018, Sec.  440, 132 Stat. at 3347.
    \28\ The Administration's Unified Agenda of Regulatory and 
Deregulatory Actions reports on the actions administrative agencies 
plan to issue in the near and long term. The current Spring 2022 
Unified Agenda can be accessed at https://www.reginfo.gov/public/do/
eAgendaMain.
---------------------------------------------------------------------------
      Minimum seat size dimensions. FAA has requested public 
comments by November 1, 2022, to assist the agency in determining what 
minimum seat dimensions (including pitch, width, and length) may be 
necessary for safety, especially during airplane evacuation. The 
request for comments specifically noted that because FAA's evacuation 
study excluded passengers with disabilities, seniors, and children that 
they should be considered in the comments. The agency has not yet 
announced next steps, though the Act required the regulation to be 
issued by October of 2019.\29\
---------------------------------------------------------------------------
    \29\ FAA Reauthorization Act of 2018, Sec.  577, 132 Stat. at 3394.

    Beyond DOT's actions to respond to the FAA Reauthorization Act of 
2018, DOT is working on other accessibility-related issues, although 
progress has been slow in some areas.\30\ For example, in 2016, a DOT 
advisory committee composed of representatives from airlines, aircraft 
manufacturers, disability advocacy groups, and other stakeholders 
recommended that DOT propose a rule requiring accessible lavatories in 
certain single-aisle aircraft in the future. The committee noted at 
that time that the issue of requiring accessible lavatories on single-
aisle aircraft merited exploration because of two developments: (1) the 
increased use of single-aisle aircraft on long flights, and (2) the 
availability of new accessible-lavatory designs for single-aisle 
aircraft.\31\ DOT recently issued a notice of proposed rulemaking to 
require at least one accessible lavatory in single-aisle aircraft with 
125 or more passenger seats would, if adopted as proposed, the rule 
would apply to new aircraft deliveries beginning 20 years after the 
effective date of the final rule.\32\ DOT has noted that it plans to 
issue a final rule on accessible lavatories in April 2023.
---------------------------------------------------------------------------
    \30\ In November 2022, DOT officials told us they have also taken 
actions during the pandemic to ensure that airlines do not discriminate 
against passengers with disabilities. For example, in response to 
concerns from disability advocates and other members of the public, DOT 
reviewed facemask policies and in February 2021 issued a notice titled, 
``Notice of Enforcement Policy: Accommodation by Carriers of Persons 
with Disabilities Who Are Unable to Wear or Safely Wear Masks While on 
Commercial Aircraft.'' This notice informed airlines of their 
obligations under the ACAA and according to DOT officials, directly 
resulted in increased access for passengers with disabilities.
    \31\ In 1990, DOT promulgated regulations requiring wheelchair 
accessible lavatories on twin-aisle aircraft that historically had been 
used mainly for long flights. 55 Fed. Reg. 8078 (Mar. 6, 1990). The 
rule did not require them for single-aisle aircraft, although DOT 
continued to study the issue. Since 1990, technological advances have 
enabled single-aisle aircraft to fly longer distances, and these 
aircraft now make 99 percent of domestic flights.
    \32\ This proposed rulemaking would also apply to single-aisle 
aircraft with 125 or more passenger seats that are (1) ordered 18 years 
after the effective date of the final rule or (2) of a new type-
certificated design filed with the FAA a foreign carrier's aviation 
safety authority more than one year after the effective date of the 
final rule. 87 Fed. Reg. 17215 (Mar. 28, 2022).
---------------------------------------------------------------------------
    According to DOT, enforcement is also a key tool that it uses to 
ensure airline industry compliance with consumer protection 
regulations.\33\ Previously, we reported that DOT's enforcement 
approach focuses on improving compliance through voluntary settlement 
agreements and consent orders.\34\ For less egregious violations, DOT 
has entered into settlement agreements with airlines under which the 
airlines agreed to take actions that go above and beyond minimum legal 
requirements. For example, as we reported in 2020, after three airlines 
told DOT they would not be ready to comply with new requirements for 
accessible ticket kiosks, DOT exercised its prosecutorial discretion to 
allow the airlines to delay their compliance in exchange for the 
installation of a larger number of accessible kiosks than would 
otherwise have been required. For more egregious violations, DOT issues 
consent orders, a type of settlement in which DOT may require airlines 
to pay civil penalties or complete specified corrective actions in 
order to avoid future litigation. We reported in 2020 that DOT issued 
37 consent orders to airlines from 2008 through 2019 for disability-
related violations.\35\ However, since 2019, DOT has taken only one 
enforcement action for non-compliance with applicable accessibility-
related regulations for the airline industry, even though the number of 
disability-related complaints to airlines and the DOT has increased in 
recent years and is on track to exceed 2021 levels.\36\
---------------------------------------------------------------------------
    \33\ DOT has also taken other actions to ensure that airlines do 
not discriminate against passengers with disabilities. For example, in 
response to concerns from disability advocates and other members of the 
public, DOT reviewed facemask policies and in February 2021 issued a 
notice titled, ``Notice of Enforcement Policy: Accommodation by 
Carriers of Persons with Disabilities Who Are Unable to Wear or Safely 
Wear Masks While on Commercial Aircraft.'' This notice informed 
airlines of their obligations under the ACAA and according to DOT, 
directly resulted increased access for passengers with disabilities.
    \34\ GAO-17-541R.
    \35\ In 2017, we reported that disability-related enforcement cases 
accounted for about 12 percent of DOT's consumer-related enforcement 
cases, all of which resulted in consent orders, many of which required 
the airline to pay only a portion of the fine. See: GAO-17-541R.
    \36\ According to DOT data, from January through August 2022, DOT 
has received a total number of 1,315 disability-related complaints 
compared to the 1,395 complaints received in calendar year 2021.
---------------------------------------------------------------------------
    In October 2020, we recommended that DOT: (1) provide additional 
information on the process it uses to investigate potential consumer 
protection violations, to assess risk, and to pursue enforcement 
actions and establish a timeframe for doing so, and (2) take steps to 
provide transparency and clarity into the results of its enforcement 
activities, including investigations that do not result in a consent 
order.\37\ DOT has not yet taken action to implement these 
recommendations. However, DOT officials indicated that they intend to 
provide a method for greater transparency over their consumer 
investigation and enforcement process by the end of 2022. Without 
action on these recommendations and in light of the decline in 
disability-related enforcement activity despite an increase in 
disability-related complaints, the public may conclude that ensuring 
accessibility in air travel is not a DOT priority.
---------------------------------------------------------------------------
    \37\ GAO-21-109.
---------------------------------------------------------------------------
    Chair Larsen, Ranking Member Graves, and Members of the 
Subcommittee, this completes my prepared remarks. I look forward to 
answering any questions you may have.

    Mr. Larsen of Washington. Thank you.
    And, finally, we will turn to Graham Keithley, the vice 
president and associate general counsel of Airlines for 
America, who is joining us online.
    Mr. Keithley, you are recognized for 5 minutes.
    Mr. Keithley. Good morning. A4A appreciates the opportunity 
to testify today, and I am personally honored to be presenting 
alongside our disability community and airport partners on this 
important topic. Thank you, Chairman Larsen and Ranking Member 
Graves, for the invitation to participate today.
    In my role, I am the A4A liaison to our members' Passenger 
Accessibility Committee, which includes our members' passenger 
accessibility advocate leads. The mission of that committee 
includes developing industry accessibility standards and 
sharing best practices to improve the air travel experience of 
passengers with disabilities.
    A4A thanks this committee for holding this hearing and to 
your commitment to oversight of passengers with accessibility 
issues. This hearing reflects the important and growing 
attention by all stakeholders to improve air travel 
accessibility for persons with disabilities.
    Our members are committed to accessibility, and they are 
working diligently with disability community partners, the 
Department of Transportation, the Federal Aviation 
Administration, and other stakeholders to improve air travel 
accessibility. A4A members take these issues very seriously and 
are committed to the dignity and respect of all passengers.
    All stakeholders recognize that more work needs to be done. 
U.S. airlines are the first to acknowledge that even one 
incident that jeopardizes the safety of passengers with 
disabilities is unacceptable. A4A members are fully committed 
to improving air travel accessibility for passengers with 
disabilities and have taken on several initiatives to better 
the travel experience in both the short and long term.
    Most recently, our members jointly announced a renewed 
commitment to improve accessibility. This commitment was 
established after hearing from the disability community about 
their accessibility concerns. Each of our members will have a 
passenger accessibility advisory group that includes the 
disability community to more acutely help airlines incorporate 
accessibility into their policies and operations.
    Mobility and handling: That complex process, explained 
earlier by Congressman Langevin, is also a focus area of 
improvement, including the transfer of passengers between their 
mobility aids and seats. As I mentioned earlier, our members 
believe that any incident that jeopardizes safety is 
unacceptable, and they care and appreciate that their 
passengers with mobility aids may be significantly impacted by 
an incident.
    Additionally, accessibility services training will be 
improved for all frontline employees.
    While some improvements will take time, our members are 
committed to making progress in taking action to implement 
these commitments.
    Over the last decade, A4A members have and continue to 
actively engage in many collaborative efforts to improve air 
travel accessibility, in addition to their own internal 
efforts. In 2016, the airline industry, aviation stakeholders, 
the disability community, and the DOT agreed to regulations for 
accessible lavatories on single-aisle aircraft and improved 
accessibility of in-flight entertainment. We continue to stand 
by this agreement.
    The industry is already also hard at work on implementing 
the recommendations of the DOT's Air Carrier Access Act 
Advisory Committee, which DOT established at the direction of 
Congress. For example, in collaboration with the disability 
community, the industry is developing guidance and best 
practices for the handling and stowage of mobility aids to 
reduce the potential for damage.
    Also, A4A and Airports Council International-North America 
are establishing a working group to develop guidelines and best 
practices for assisting passengers with disabilities with self-
identification upon arrival at the airport.
    The aviation industry is also working with the 
Rehabilitation and Engineering Society of North America, RESNA, 
along with the disability community, to develop standards for 
mobility aids in air travel. Last year, RESNA issued design and 
testing standards for mobility devices that are better designed 
for air travel.
    A4A and our members are also working closely with 
disability community organizations on other initiatives, 
including improving the safe travel of service dogs and 
assistance during TSA security screening.
    Some air travel barriers require holistic and broader 
solutions beyond the aviation industry. For example, 
unfortunately, many mobility aids are solely designed for in-
home use, not the rigors of air travel. We strongly encourage 
stakeholders, including lawmakers, the health insurance 
industry, and the mobility aid manufacturing community, to 
recognize that individuals who use mobility aids routinely 
travel by air and that we need mobility aid designs that 
facilitate safe and seamless air travel, but never, never with 
additional cost to the user.
    In closing, the safety of our passengers, including 
passengers with disabilities, as well as our employees, is the 
top priority for U.S. airlines. As reflected in our members' 
most recent commitment, we are dedicated to an inclusive 
experience for passengers with disabilities.
    We appreciate and look forward to continuing our 
collaboration with Congress and our partners testifying today 
to identify accessibility barriers and solutions. Along with 
our partners, we look forward to implementing holistic 
solutions that are realized collaboratively, safely, and 
efficiently, ensuring that air travel remains inclusive and 
available for all passengers.
    Thank you, and I look forward to your questions.
    [Mr. Keithley's prepared statement follows:]

                                 
  Prepared Statement of Graham Keithley, Vice President and Associate 
                 General Counsel, Airlines for America
    Good morning, my name is Graham Keithley, and I am Vice President 
and Associate General Counsel at Airlines for America (A4A). A4A 
appreciates the opportunity to testify today, and I am honored to be 
presenting alongside our disability community, airport and Federal 
partners on this important topic.
    A4A thanks the Committee for holding this hearing, and your 
commitment to oversight of passenger accessibility issues. The hearing 
reflects the important and growing attention by all stakeholders to 
improve air travel accessibility for persons with disabilities. A4A 
members are committed to accessibility, and they are working diligently 
with disability community partners, the Department of Transportation 
(DOT), the Federal Aviation Administration (FAA), and other 
stakeholders to improve air travel accessibility. A4A members take 
these issues very seriously and are committed to the dignity and 
respect of all passengers.
    All stakeholders recognize more work needs to be done. U.S. 
airlines are the first to acknowledge that even one incident that 
jeopardizes the safety of passengers with disabilities is unacceptable. 
A4A member airlines are fully committed to improving air travel 
accessibility for passengers with disabilities and have taken on 
several initiatives to better the disability community's travel 
experience in both the short and long-term.
                               Background
    Congress has long recognized the unique complexities and challenges 
of air travel for individuals with disabilities. With that 
understanding in mind, in 1986, Congress passed the Air Carrier Access 
Act (ACAA) which rightfully protects the individual rights of those in 
the disability community from discrimination while also ensuring 
aviation safety.
    The ACAA directed the DOT to issue and promulgate a regulatory 
framework uniquely designed to address traveling with disabilities in 
the aviation environment, which is unmatched by any other industry. In 
aviation, passengers are exposed to forces unobserved in any other mode 
of transportation and in a vehicle with sophisticated engineering and 
design that ensures an unparalleled level of safety for all passengers 
and crew. Airline networks and operations are more complex than any 
other mode of travel. Accordingly, DOT, with its special expertise in 
this aviation environment, standardizes the removal of air travel 
barriers through its regulation under the ACAA, helping ensure 
seamless, safe and accessible travel for passengers with disabilities. 
Today, the airline industry complies with the resulting regulatory 
framework.
                Airline Efforts to Improve Accessibility
    A4A passenger members are dedicated to improving air travel for 
passengers with disabilities. Most recently, our members announced a 
renewed commitment to improve accessibility and support for the DOT's 
Passengers with Disabilities Bill of Rights. This commitment was 
established after hearing from passengers with disabilities and their 
advocacy organizations about accessibility concerns, including those 
raised during A4A's passenger accessibility summit, which was 
instituted last year.
    As part of the commitment, our members have committed to taking 
distinct actions to improve air travel accessibility. Each member will 
have a passenger accessibility advisory group that includes the 
disability community to more acutely help airlines incorporate 
accessibility into their policies and operations. Mobility aid handling 
is also a focus area of improvement, including the transfer of 
passengers between their mobility aids and seats. Additionally, 
accessibility services training will be improved for all frontline 
employees and carriers will educate all their employees about 
passengers with disabilities. Finally, our members also continue to 
support the study and development of more accessibility features on 
aircraft that will broaden air travel opportunities for passengers with 
disabilities. While some improvements will take time, our members are 
committed to making progress and taking action to implement these 
commitments.
             Collaborative Efforts to Improve Accessibility
    Over the last decade, A4A passenger carriers have and continue to 
be actively engaged in many collaborative efforts to improve air travel 
accessibility in addition to their respective internal efforts. These 
initiatives include:
    2016 DOT Negotiated Rulemaking. In 2016, the airline industry, 
aviation stakeholders, the disability community and the DOT came to an 
agreement on regulations for accessible lavatories on single-aisle 
aircraft and improved accessibility of in-flight entertainment. The DOT 
is now finalizing the regulations on accessible lavatories. The 
industry looks forward to the implementation of those agreed upon terms 
and items.
    DOT Air Carrier Access Act Advisory Committee. Air carriers have 
been heavily involved with the DOT's Air Carrier Access Act Advisory 
Committee (Advisory Committee) which was formally established in 
September 2019 per direction from Congress in the FAA Reauthorization 
Act of 2018.
    Earlier this year, that Advisory Committee sent a final report to 
DOT Secretary Pete Buttigieg which contained 26 consensus 
recommendations, including fifteen best practice recommendations 
specific to industry, including airlines, airports and manufacturers. 
The recommendations target an abundance of accessibility issues varying 
from ticketing practices, seating accommodations, stowage of assistive 
devices, assistance at airports and on aircraft, to related training.
    Based on the Advisory Committee's recommendations, the industry has 
already been hard at work. Led by the International Air Transport 
Association, (IATA), the aviation industry and the disability community 
are developing industry-wide guidance and best practices for the 
handling and stowage of mobility aids to reduce the potential for 
mobility aid damage. A4A and Airports Council International-North 
America are establishing a working group to develop guidelines and best 
practices for assisting passengers with disabilities with self-
identification upon arrival at the airport.
    Carriers also look forward to participating in the reconstituted 
Advisory Committee that the DOT is reestablishing now.
    Rehabilitation and Engineering Society of North America. The 
aviation industry is also working with an interdisciplinary association 
for the advancement of rehabilitation and assistive technologies, 
familiarly known as Rehabilitation and Engineering Society of North 
America (RESNA), along with the disability community, to develop 
standards for mobility aids and air travel. Last year, RESNA issued its 
requirements and test methods for mobility devices better designed for 
air travel. The standard includes features that will facilitate 
airlines' handling and stowage for air travel, such as tie down points, 
markings, and air travel configurations. Through RESNA, the aviation 
industry continues to work on the next chapter to address the handling 
of mobility aids that meet RESNA's design standards.
    Other Collaborations. A4A and our members are also working closely 
with various disability community organizations. Our efforts include, 
but are not limited to:
      Assistance Dogs International (ADI). ADI is a worldwide 
coalition of non-profit programs that train and place Assistance Dogs. 
The airlines have worked with ADI to improve air travel for passengers 
traveling with service dogs, including facilitating travel for trainers 
who are delivering service dogs to their handlers and addressing 
conflicts with rules in foreign countries. We are also working with 
guide dog user advocates on potential state-level projects to reduce 
fraudulent service dogs that jeopardize the safety of our passengers, 
the accessibility of passengers that use legitimate service dogs, and 
the safety of our employees.
      Transportation Security Administration (TSA) Aviation 
Security Advisory Committee's (ASAC) Passengers with Disabilities 
Working Group. Through A4A, the airline industry is also actively 
engaged with the TSA to improve accessibility during the security 
screening process. Airlines already provide assistance to passengers 
with disabilities during security screening, but the industry continues 
to work on ways to improve coordination among our TSA, airport and 
disability partners to remove potential barriers faced during security 
screening.
                       Holistic Solutions Needed
    Airlines are committed to continual improvement on accessibility 
issues, but some instances call for holistic and broader solutions 
outside the narrow parameters of the aviation industry. For example, an 
area that airlines have asked DOT and all stakeholders to focus on is 
mobility aid design. Design is a significant barrier and the root cause 
of many mobility aid damage situations. Unfortunately, many mobility 
aids are simply not designed for the rigors of air travel and many are 
solely designed for in-home use. Specifically, many mobility aids lack 
tie-down points that would allow airlines to better secure the mobility 
aids in the cargo area of the aircraft and prevent damage during take-
off, landing or turbulence. We have strongly encouraged stakeholders, 
including lawmakers, the health insurance industry and the mobility aid 
manufacturing community, to recognize that individuals who use mobility 
aids routinely travel by air and that we need solutions that ensure 
that mobility aid designs facilitate safe and seamless air travel. As 
Congress reviews this and many other accessibility issues, we encourage 
lawmakers to broaden the factors considered in finding effective 
solutions in a more holistic manner.
                               Commitment
    In closing, the safety of our passengers, including passengers with 
disabilities, as well as our employees, is the top priority for U.S. 
airlines. As reflected in our members' most recent commitment, we are 
dedicated to an inclusive experience for passengers with disabilities. 
We appreciate and look forward to continuing our collaboration with 
Congress and our partners testifying today to identify air travel 
accessibility barriers and solutions. A4A members have doubled down on 
their efforts to improve accessibility and ensure that passengers with 
disabilities are treated with dignity and respect. Along with our 
partners, we look forward to identifying and implementing holistic 
solutions that are realized collaboratively, safely and efficiently--
ensuring that air travel remains inclusive and available for all 
passengers.

    Mr. Larsen of Washington. Thank you, Mr. Keithley. I very 
much appreciate that.
    I appreciate all the panelists.
    We will now turn to questions. And we will first recognize 
the chair of the full committee, Mr. DeFazio of Oregon, for 5 
minutes.
    Mr. DeFazio. Well, thank you, Chair Larsen.
    And thanks to all for your testimony today.
    First, to Brian Ryks, you gave a number, I think $120 
billion over the next 10 years, projected for airport 
improvement and needs?
    Mr. Ryks. Chairman, that is correct.
    Mr. DeFazio. And how much of that can we see funded?
    Mr. Ryks. How much of it will we see funded?
    Mr. DeFazio. Yes.
    Mr. Ryks. Probably a small portion of it.
    Mr. DeFazio. OK.
    So, I guess that kind of raises the issue, which I will be 
passing on to Garret Graves, who I think will chair this 
committee in the future, of whether or not we should raise the 
passenger facility charge so we have a user fee which pays for 
the airport improvement, as opposed to putting that burden on 
the general public.
    Do you think that will be necessary?
    Mr. Ryks. That is certainly something that airports have 
been in favor of for many years.
    Mr. DeFazio. OK. All right. Well, let's hope they can get 
it done.
    I am passing the baton here, Garret.
    For Heather Krause, did you say that complaints were up 50 
percent? Was this what you said?
    Ms. Krause. Yes. I was citing the DOT complaint numbers. 
And so, from 2019 to 2021, they were up 54 percent, disability-
related complaints.
    Mr. DeFazio. Wow. OK.
    How accessible is the complaint process? I mean, years ago 
I established a 1-800 number, and I think it went away. I don't 
know whether--and it was supposed to be posted everywhere.
    Ms. Krause. Yes, we have certainly looked at that and made 
recommendations to DOT, where they have taken some actions to 
make the complaint process--make it more known that that is a 
process through which folks can register complaints. So, they 
have done some more public outreach on that and improved their 
websites.
    Mr. DeFazio. OK. So, you think it is fairly well known and 
accessible but probably not optimally?
    Ms. Krause. I think it is always good to continue to make 
folks aware of resources that are out there.
    Mr. DeFazio. OK. Great.
    And, then, to Graham Keithley, so, I mean, you have heard 
the testimony. We have a ways to go. Things are better, but we 
have quite a ways to go.
    And I guess one of the key things is, I think airline 
employees are getting training on how to handle these aids and 
people, but in many cases the airlines are using contractors, 
who have a high rate of turnover, low pay, and I don't think 
that they are getting adequate training--or are they getting 
any training at all?--on passengers with disabilities.
    Do you have knowledge of that, of some of your member 
airlines?
    Mr. Keithley. Chairman DeFazio, thank you for the question.
    Airlines do actually have to take responsibility for the 
training of their contractors to help with passengers with 
disabilities. That is part of the DOT regulations.
    That is also part of our members' commitment to improve 
their training for all their frontline employees that do help 
passengers with disabilities, and part of that commitment is to 
facilitate improvements with their contractors that also help.
    Mr. DeFazio. OK.
    And, Ms. Ansley, what are you hearing about the contractors 
and others in terms of their capability of dealing efficiently 
with people with disabilities?
    Ms. Ansley. Thank you for the question, Chair DeFazio.
    Unfortunately, what we are hearing is that contractor 
employees are ill-equipped to assist people with catastrophic 
disabilities, in terms of communication, not being able to 
follow the direction of the individual, not knowing how to use 
the aisle chair, which is the device you have to use to get on 
the aircraft, and also not understanding proper procedures, 
such as showing up with one individual to try to transfer 
somebody who is over 200 pounds from a wheelchair into a 
passenger seat.
    Mr. DeFazio. Hmm. OK.
    Anybody else have a comment on the adequacy or inadequacy 
of the contract employees or others?
    [No response.]
    OK.
    Mr. Scott, congratulations on your numerous successes in 
competing. Do you have a comment on those issues when you have 
had problems, how responsive or who was responsible for the 
problem?
    Mr. Scott. Thank you for the question.
    I feel that, in processes like these, I feel that the 
people that are handling me with an aisle chair or handling my 
chair or other sport-related equipment or personal equipment 
just lack the training or, as you mentioned, can just be 
contracted, that have nothing to do with the airline.
    Mr. DeFazio. OK. All right.
    My time has expired. Thank you, Mr. Chairman.
    Mr. Larsen of Washington. Thank you.
    We will now turn to Representative Graves of the great 
State of Louisiana for 5 minutes.
    Mr. Graves of Louisiana. Thank you, Mr. Chairman. I 
appreciate you recognizing the greatness of my State.
    Ms. Ansley, thank you for being here.
    We have had a number of folks that have spoken to us about 
technologies that have helped to improve the experience for 
those with disabilities, for many of your members, especially 
in the area of navigating airports. I am just curious if you 
have examples of different technologies that have improved that 
experience, one.
    And, two, you cited a number of safety and other concerns 
in your testimony. Are there other technologies that you have 
seen, I guess I will use the term ``partially deployed'' or are 
promising to address some of these remaining concerns that you 
have?
    Ms. Ansley. Thank you for the question, Ranking Member 
Graves.
    Unfortunately, technology is not very available to assist 
people with disabilities who use wheelchairs. It is still a 
very antiquated, hands-on process.
    There is a device that would help individuals transfer from 
their wheelchair into the aisle chair and then into the 
passenger seat that is designed like a lift you might find in a 
hospital. That is mechanical. It needs an individual to operate 
it, but it is mechanical. That is available in some places, a 
limited number of places. But, for the most part, technology 
has not really improved.
    There have certainly been technological improvements for 
people in navigation, as you mentioned, for people who are 
blind, low-vision. So, there have been technological 
improvements, but wheelchair users, unfortunately, have not 
been the beneficiary of many of those.
    Mr. Graves of Louisiana. Thank you.
    Mr. Scott, you made note of, I guess, the sensitivity with 
the damage of equipment like wheelchairs. Could you describe 
the process that you go through to identify or alert folks 
about the damages that have occurred or just reporting those 
concerns?
    Mr. Scott. Yes. Of course.
    So, immediately when getting off of an aircraft, the first 
thing that we are meant to do is to check to make sure that 
everything is in working condition.
    Once we realize that it has been broken, damaged, or 
destroyed, there is a long customer-service process--filling 
out the right forms, making sure that everything is documented.
    And I will add that a lot of the airlines are taking 
accountability when it comes to replacing these items. But, as 
I mentioned in my testimony, when they have been mishandled and 
mistreated by people that are untrained, just simply replacing 
those items is not enough.
    Mr. Graves of Louisiana. What about the process of before 
you fly, the process you go through to actually alert the 
airport, or excuse me, the airline that you would need 
assistance traveling? Could you describe that process?
    Mr. Scott. Absolutely. Even when buying my ticket, I 
indicate that I am traveling with a disability and have a 
manual wheelchair. They ask if you have a manual wheelchair or 
an electric wheelchair. I indicate that upon arrival.
    I go through the airport with both of my chairs, my 
everyday chair and my basketball chair. And when I get to the 
gate, before we take off, they are given a gate check tag that 
claims the size, the condition, and the weight of the chair 
before it takes off. So, it is tagged before we arrive there. 
They know that they need to bring that to the gate when I 
arrive.
    Mr. Graves of Louisiana. Thank you.
    And, Mr. Keithley, in your testimony you describe a number 
of the actions that airlines have taken and your part of the 
commitment to improving ability. Can you elaborate on some of 
those actions and provide an update on the commitments that you 
have made?
    Mr. Keithley. Yes, Ranking Member Graves. Thank you for 
that question.
    We would characterize our commitments and our initiatives 
in three steps: We have industry airline-particular 
initiatives, we have industrywide initiatives, and we have 
initiatives to improve the entire holistic air travel 
environment.
    Airlines right now, and our members in particular, have 
taken on the renewed commitment to improve accessibility. It is 
a four-part action commitment to include having the 
accessibility advisory groups to incorporate the disability 
community into our operations and procedures development. We 
have improvement of handling mobility aids. We have the 
improvement to our training, as well as our support for the 
study and development of new technologies to make aircraft more 
accessible.
    Along that initiative, we also have a number of 
industrywide initiatives including those led by our companion 
association, the International Air Transport Association, to 
improve coding of disability requests, to improve mobility aid 
handling.
    And then we also have the efforts, which I mentioned 
earlier, regarding RESNA and the improvement of mobility aid 
handling.
    So, it's a multipart process to improve the accessibility 
experience.
    Mr. Graves of Louisiana. Thank you.
    Mr. Chairman, I yield back.
    Mr. Larsen of Washington. Thank you.
    I recognize myself for 5 minutes.
    My first question is for Mr. Scott. If you could expand a 
little bit, Mr. Scott, on how air travel has changed for you 
from when you first started to now. And would you characterize 
that as improvement, and what would you characterize as the 
next two things that need to happen?
    Mr. Scott. From when I first began traveling as an athlete, 
I will say that the process has improved. To say it's 
dramatically improved, definitely not, but there has been an 
improvement as far as accountability is concerned. It used to 
be a legitimate fight in order to help realize the damage that 
has been done and get the airlines to be accountable for the 
replacement of this equipment.
    The next question you asked is, what are the next things 
that need to happen.
    As I mentioned before, the untrained personnel that are 
handling this equipment, I don't think they realize the 
sensitivity of handling these wheelchairs or handling these 
assistive devices. With the proper training, maybe that could 
alleviate some of those challenges.
    Also, having a place to store this equipment and store 
these assistive devices on board so the passengers actually 
have a hand in how that is handled and how that is stored--when 
I am traveling internationally, a lot of times the airplane is 
a little bit bigger, and I am able to bring my chair on board. 
Because it is, you know, the chairs are made very suitable for 
travel. So, I am able to take my wheels off and put them in a 
closet that is usually meant for an airline hostess to put 
their bags in. But they have allowed me to use those things.
    So, having something like that, a larger area to put 
assistive devices in, could be something that alleviates all of 
this.
    Mr. Larsen of Washington. Thank you.
    Ms. Ansley, could you give me a perspective, give us a 
perspective on what the wheelchair we see at a hospital or such 
costs versus the value of a wheelchair that one of your members 
might be using for their day-to-day living?
    Ms. Ansley. Thank you, Chairman Larsen.
    So, the average chair that someone might see at a hospital 
that is just at the entrance that someone can use in no way 
compares to a highly customized wheelchair that most 
individuals with spinal cord injury, or ALS or MS use in their 
daily lives.
    They are literally pieces of equipment that are very 
durable. They are designed to be used outside the home, and 
they can cost tens of thousands of dollars.
    It is often a fight for people to get the chair they need, 
even the one that their doctor has prescribed for them. Through 
the VA, our members are able to more easily get access to 
equipment, but the average individual, it can be quite a 
struggle.
    And in terms of what that chair, like I said financially, 
could be tens of thousands of dollars. But to the individual 
who relies on it, there is no price.
    Mr. Larsen of Washington. Thank you. Thank you.
    Ms. Krause, in your report, pages 11 through 13, you listed 
sections, various sections of the 2018 law. Several of those 
sections are still in progress.
    How many of those are sort of in progress because it was a 
process recommendation versus the ones that there should be a 
hard deadline and things should be done? And then why aren't 
those things done?
    Ms. Krause. Yes. So, the 10 provisions, 5 of them have been 
completed. So, some of those related to studies that needed to 
be completed, as we have talked about, the data related to 
reporting mishandled wheelchairs and scooters, as well as a 
service animal notice.
    The ones that remain, yes, some of those were related to 
getting recommendations from the advisory committee and others. 
I think the other thing that DOT officials have discussed with 
us is just that office has been busy addressing the surge and 
complaints that they have had related to the pandemic and the 
refunds, as well. So, that is contributed to them working 
through and trying to prioritize efforts.
    Mr. Larsen of Washington. OK. Thank you.
    I have got a little time left. I will respect the other 
Members and move on and will now recognize Mr. Stauber of 
Minnesota for 5 minutes.
    Mr. Stauber. Thank you, Chair Larsen, for holding this 
hearing. Very important.
    Brian Ryks, welcome. For those of you who don't know, Brian 
and I go back a ways when he was executive director of the 
Duluth International Airport. You left it in good hands, and 
Tom Werner is following up. He is doing a great job.
    I have the privilege of flying out of Duluth and 
Minneapolis quite a bit. Mr. Ryks, MSP is awesome. It is a 
great, great facility. I have flown around the country and many 
parts of world and MSP compares and does great work for the 
passengers. It is a pleasure to fly. I want you to keep up the 
good work. I know you will, and you are very well-respected in 
this arena.
    One of the things that I just want to share with all of you 
is, hearing Mr. Scott's testimony and others that have 
disabilities, I have a child who has Down syndrome, and the 
prognosis is severe and profound. So, his walk is different. 
His gait is different.
    And I have to tell you that when we have flown with our 
Isaac, getting from one gate to the other and walking is very 
difficult. So, when we need that assistance, wheelchair 
assistance, or electric carts, sometimes it is difficult. Once 
we get off the plane, if it is even delayed just a little bit, 
the apprehension that Mom and Dad have and other family members 
with us to try to make that connection.
    I would just say that we have had, I think, mixed results 
in getting to our gates with the assistance of a wheelchair 
and/or the electronic cart, when requested.
    So, I think that we are all here today to try to improve on 
that. This is our goal, to improve. And I know that Chair 
Larsen and I spoke about this last week. This is an extremely 
important component of safe and effective and really making the 
air travel experience even better.
    So, I would just say this, that from hearing the testimony 
of Mr. Scott today, I can't imagine getting off an airplane and 
having your mobility device damaged. I don't know--other than 
the way he described it, I can't imagine.
    And so, to me, that seems like training that can be 
something simple to incorporate for when they get off that 
plane, so that they have their mobility device, they have that 
in working condition so they can enjoy wherever they are.
    Mr. Ryks, I just want to talk to you. Tell me about how MSP 
handles those with disabilities in the airport and how you make 
changes to accommodate such passengers and make it easier and 
friendly for the families. I have seen it. I just want you to 
reiterate more.
    Mr. Ryks. Thank you, Member Stauber. It is great to be here 
today, as well, and with you and see you again.
    We have a program called Navigating MSP, which is a program 
that was started over 10 years, actually close to 15 years ago. 
And that program is around, as I mentioned in my testimony, 
about bringing families and individuals that have concerns 
about flying into the airport and doing a run-through.
    We have a wonderful partnership with Delta Air Lines in 
establishing that program and their support of that program. It 
actually brings people onboard aircraft. I mentioned we have a 
mock aircraft training facility currently. And that does 
wonders. There have been thousands of individuals and families 
that have been through that program. And I can't tell you how 
appreciative they are of that investment, of time, and service, 
not only from our staff, but from airline staff, the CBP, the 
TSA, really to work through that.
    So, there are a number of things that we have going.
    Some of the other things: I talked about Aira to help 
navigate individuals that have issues with vision through the 
facility. That is a great program. We pay for that as an 
airport. We are serious about that customer service element. We 
are piloting a talk-to-text program that actually will text 
gate announcements to individuals that are waiting for the 
aircraft.
    As far as the wheelchair issues and concerns that we have 
talked about this morning, we also entered into an agreement 
with a company to have a wheelchair and scooter repair service 
right on the airport so that if there are issues coming off an 
aircraft, they can contact them and get a spare issued while 
their wheelchair is being repaired.
    So, we are very proud of the proactive nature. I think our 
focus is really on customer service, and I think that is the 
foundation of addressing these issues.
    Mr. Stauber. Thank you very much. My time is up, but keep 
up the great work. Thank you.
    Mr. Larsen of Washington. Thank you, Representative 
Stauber.
    The Chair now recognizes Representative Cohen of Tennessee 
for 5 minutes.
    Mr. Cohen. Thank you. I want to thank Chairman Larsen and 
Representative Burchett for holding this important hearing 
today. I appreciate this subcommittee's interest in the 
challenges for passengers with disabilities and making air 
travel more accessible.
    One issue I have been working on extensively for many years 
is ensuring that minimum seat dimensions necessary for 
passenger safety, including seat pitch, width, and length, are 
available, especially how that affects airplane evacuations.
    In 2018, I was proud that the SEAT Act that I sponsored 
became part of the FAA reauthorization--that was in 2018--and 
finally required the FAA to evaluate this issue and establish 
minimum dimensions for airplane seats.
    Even though the FAA was congressionally mandated to act on 
this provision within 1 year, the FAA did not begin testing in 
Oklahoma until late November and December of 2019, well after 
the deadline.
    During its testing, the FAA limited study to able-bodied 
individuals between the ages of 18 and 60, excluded individuals 
with disabilities, lap children, seniors, significantly 
overweight people, totally not part of the team.
    Even worse, the FAA did not disclose the results of their 
quote, unquote, ``study'' until March of this year. This is 
2022, 4 years. They were supposed to do it within a year. The 
FAA concluded that seat size and spacing did not adversely 
affect the success of emergency evacuations.
    Ms. Krause, in your testimony you stated that for 
passengers with disabilities, embarking and disembarking the 
aircraft can be a lengthy process and require assistance from 
personnel.
    In your opinion, how can a study that neglected to account 
for factors like disabilities, specifically wheelchair use or 
people with braces and orthotics, not be used to inform 
policies on cabin evacuations and minimum seat size?
    Ms. Krause. Our understanding is FAA is in the process of 
now it had put out a notice to gather comments, to get some 
insights on passengers with disabilities and thoughts on the 
safety in terms of seat size. And so, that comment period 
recently closed, and they are going through over, I think it is 
close to 26,000 comments and----
    Mr. Cohen [interrupting]. Right. I know that. But this is 4 
years after they were supposed to report to us. And they 
included nobody with a disability in their study, in their 
evacuations. They were supposed to--which they deemed showed 
that everything was fine, that they didn't need to change 
anything.
    Ms. Krause. There are some, when it comes to live testing, 
there are some ethical-type issues to think about when it comes 
to the type of folks to involve. And that, as I understand, is 
they did some live testing for FAA study.
    Mr. Cohen. Yes, but they had no people with disabilities. 
And they claim they thought there could be liability. I don't 
see liability issues. I don't really see it. I am a trial 
lawyer. I didn't see the liability issues, but it was an error 
for them to say their study showed something. They should have 
said their study was faulty because it didn't consider all of 
the different type of people that are, in fact, on airplanes.
    Mr. Keithley, you are on a Zoom with us, I believe. Is that 
right?
    Mr. Keithley. Yes, Congressman.
    Mr. Cohen. Thank you, Mr. Keithley.
    During the FAA's public comment period, there was an 
outpouring of concern about shrinking seat size that passengers 
face in the 26,000 comments. In your testimony, you mention the 
airlines, quote, ``continue to support the study and 
development of more accessibility features on aircraft that 
will broaden air travel opportunities for passengers with 
disabilities,'' unquote. Thank you for that.
    But you also said, ``while some improvements will take 
time, our members are committed to making progress and taking 
action to implement these commitments.''
    Thank you again.
    At the same time, however, the average width of an airline 
seat has shrunk from 18 inches to 16\1/2\ inches.
    Do you think the airline industry practices like shrinking 
seat sizes and row spacing are compatible with your words, 
ensuring that passengers with disabilities are treated with 
dignity and respect?
    Mr. Keithley. Congressman, thank you for the question.
    Safety is our priority in all of aviation. Safety isn't 
necessarily my area of expertise. But we are happy to provide a 
copy of our comments to the FAA's most recent request for 
information. We look to the FAA to determine what is safe for 
aircraft and what can be safe for aircraft evaluations.
    Mr. Cohen. But you have an opinion, don't you? You think 
people with disabilities should have a safe experience when 
they are on that airplane. Is that right?
    Mr. Keithley. Mr. Congressman, absolutely we always agree 
that the safety of passengers with disabilities, like all of 
our passengers and employees, is the top concern and we look 
to----
    Mr. Cohen [interrupting]. Let me say this. I have got 
limited time.
    I wear a brace. Sometimes with that brace I get up, and it 
is more difficult to get out of that seat. And especially as 
small as it gets, if you are in the back, you can't maneuver 
quickly. And if you don't have people with orthotics and people 
with canes and people with wheelchairs, you are not going to 
have an adequate study, and you are not going to be prepared to 
help people with disabilities get off in case of an evacuation.
    Your organization did make some comments on FAA seat size 
dimensions. Minimum dimension passenger seats are not 
warranted, you said. The comment argued that further rules 
regarding minimum dimensions including pitch, width, length of 
seats are not warranted, while acknowledging the FAA's most 
recent emergency evacuation did not fully account for a number 
of human factors, including passengers with disabilities.
    We have heard--how can you really be interested in people 
if you have already said that the FAA study was fine? There has 
been testimony today about challenges of air travel for people 
with disabilities and the devastating consequences of uncommon 
but severe accidents and mishaps on their lives.
    In light of this testimony, would you agree it is, quoting 
FAA's comment, not worth the exposure and futile to account for 
their experiences?
    Mr. Keithley. Congressman, we look to the FAA to determine 
safety for seat sizes.
    Mr. Larsen of Washington. Thank you. We will now recognize 
Mr. Burchett of Tennessee for 5 minutes.
    Mr. Burchett. Thank you, Mr. Chairman.
    I am going to yield 2 minutes to my friend--former Senator 
Cohen, when I knew him back in the State legislature--
Congressman Cohen, to continue his questioning because I, in 
fact, was on the seat with a huge gentleman beside me. And we 
were both squished in there, and it was really uncool. And, 
besides, he called my mama when my dad died.
    So, I am going yield 2 minutes to Congressman Cohen.
    Mr. Cohen. Thank you. Thank you, Mr. Burchett. I appreciate 
it.
    I would like to ask, first thing when we started, Mr. 
Keithley, when I asked the question, you said thank you for the 
question. That started me thinking your answers aren't going to 
be really direct and honest because you didn't really want to 
thank me for that question. That is a question you rather would 
not have been asked of you. So, I picked up on your drift.
    Passing it off to the FAA--I want to know what you think, 
what the airlines think. To say that you trust the FAA, the MAX 
went down twice, and you trusted the FAA. Now why do you trust 
the FAA when they have people dying when MAXes fall out of the 
sky?
    Mr. Keithley. Congressman, as I mentioned earlier, safety 
is beyond my area of expertise. We are happy to continue 
working with your office to address the minimum safety size for 
aircraft seats. But I can't speak to that.
    Mr. Cohen. Well, Mr. Shuster was good at helping get this 
in the bill. And we thought we would have an answer by now, 4 
years later. I submit to you we will get the answers to who 
killed Kennedy before you give us a true answer on seat size 
and width from the FAA.
    Mr. Burchett. That goes to me, Mr. Chairman, I believe.
    Mr. Cohen. Thank you, Mr. Burchett.
    Mr. Burchett. You are welcome Mr. Cohen, as always. And 
thank you. And my mama would thank you if she were alive today.
    Mr. Matt Scott, have the airlines offered you any 
compensation, and if so, what would that have been, sir?
    Mr. Scott. No, unless you think of replacement of a chair 
as compensation, I have never been offered any compensation.
    Mr. Burchett. Yes, but you are out. I mean, you are out. 
You said it is an extension of your body. You are out.
    Mr. Scott. Yes, sir.
    Mr. Burchett. Well, that is disgusting to me.
    Mr. Scott. Yes, sir.
    Mr. Burchett. And thank you. Thank you for your testimony.
    Ms. Krause, has the Department of Transportation worked to 
address the lacking disability training for airline customer 
service personnel?
    I know, when I fly, I fly on American. And the people are 
very nice, and they are trained and they seem--a lot of 
expertise there. But there seems to be different--you have 
different flight attendants. You have different activity. And I 
am wondering. Is there some equal training that everybody gets 
and is required to get on this type of thing?
    Ms. Krause. So, in terms of training, there is some basic 
requirements in terms of what airlines need to cover.
    When we looked into it, a lot of the airlines, when it 
comes to training, they do train their own employees on those 
requirements. But the contracting, so, there is a lot of this. 
The services, especially the wheelchair service, is contracted 
out. And so, those--we found, when we talked to the airlines, 
much of that training is being carried out by the contractors, 
training their own employees.
    We have somewhat limited access to that training. We are 
able to see some of the topics that are covered. They cover 
generally the same topics. They can vary in length. They can 
vary in the time that they cover.
    But we have found, based on the information they provided, 
that they do revisit the training and try to----
    Mr. Burchett [interrupting]. But there is no specific 
training that is mandated by DOT or anyone like that?
    Ms. Krause. Just the broader top--broader areas to cover.
    Mr. Burchett. Broader areas, explain that to me real quick.
    Ms. Krause. Yes, so, like there is----
    Mr. Burchett [interrupting]. In a non-Washingtonian way, 
OK?
    Ms. Krause. Sure. Absolutely. So, airlines are required to 
train their employees on the ACAA regulations and requirements, 
as well as the procedures related to carrying those out.
    Mr. Burchett. OK. Thank you.
    Mr. Chairman, I will yield the remainder of my time.
    Thank you, sir.
    Mr. Larsen of Washington. Thank you very much.
    The Chair recognizes Mr. Carson of Indiana.
    There he is.
    Mr. Carson, you are recognized for 5 minutes.
    Mr. Carson. Thank you, Mr. Chair.
    It is such heartwarming testimony.
    I do have a question. This spring, the DOT opened a new 
rulemaking to improve lavatory/restroom accessibility on 
single-aisle aircraft. But I am concerned that the proposed new 
requirements wouldn't go into effect for 18 years.
    In our last authorization bill in 2018, my safety 
provisions for secondary cockpits were mandated to go into 
effect within 1 year of being enacted. Unfortunately, industry 
opposed these safety improvements, complaining about costs.
    I would like to get your thoughts about this proposal. 
Waiting 18 years for accessible restrooms for passengers who 
need them now, is that the best we can do? What do you 
recommend?
    Mr. Larsen of Washington. Mr. Carson, can you clarify who 
that is for?
    Mr. Carson. Yes. This is in relationship to the DOT 
rulemaking to improve lavatory accessibility on single-aisle 
aircraft. The new proposal would not go into effect until about 
18 years. So, it doesn't seem tenable for me. It seems too long 
to have such a grave inconvenience occur, quite frankly. So, 
what can be done to address this issue?
    And this is coming from constituents. This is kind of the 
source of this. I would like to get thoughts. I mean, waiting 
18 years seems like a very long time for passengers who need 
them right now. It is certainly not the best we can do. So, I 
would love to get insights.
    Mr. Larsen of Washington. Any of the witnesses, feel free 
to answer.
    Ms. Ansley. Thank you.
    Mr. Carson. This is for everyone on the panel, yes.
    Ms. Ansley. So, access to lavatories is something that 
Paralyzed Veterans of America has been working on literally for 
decades and single-aisle aircraft.
    We did participate in the negotiated rulemaking in 2016. 
That led to the agreement of 18 years. We agreed, as I said in 
my testimony, because we needed a date certain that this would 
happen. We had literally been discussing this for so long that 
if we had agreed to something outlandishly, again, 30 years 
ago, we would be there.
    That being said, in our comments to the DOT, that agreement 
was made in 2016. And the focus was that then airlines would 
have time to prepare for this change because of the potential 
loss of seats.
    We can say that since then, nothing has happened. In fact, 
PVA had to sue DOT to move the rule forward. And we believe 
that the proposal that should come out from DOT is at least 12 
years at the very least, and that is in line with our 
agreement, and we do stand by our agreement.
    I will say that I have had the opportunity in recent months 
to actually go in an accessible lavatory with some of our 
members that meets the requirements of the law or what the rule 
would be. It is almost to the point of being able to be fully 
certified, and it wouldn't require a loss of seats.
    And we hope that airlines would not wait for the rule, but 
would move as expeditiously as possible because this is an 
injustice and inequality.
    Mr. Carson. That is so true.
    If I could follow up, Mr. Keithley, you noted that under 
the prior administration, the DOT has said that requiring 
accessible lavatories on single-aisle aircraft could lead to a 
loss of revenue. What is your response to that now? Is that 
still a prevailing thought?
    Mr. Keithley. Congressman, the agreement from the 2016 
negotiated rulemaking took into consideration many factors, 
including the manufacturing cycle, the design cycle.
    As far as I understand it, which the comments submitted by 
the manufacturers to the Department of Transportation, there 
actually is no currently fully accessible lavatory that meets 
DOT's proposed standards. So, they will still have to go 
through the design, manufacture, and acquisition process.
    We look forward to working closely with our manufacturing 
partners and with the DOT and the disability community to bring 
that rulemaking into fruition and implementing it.
    Mr. Carson. Thank you.
    I yield back, Chairman.
    Mr. Larsen of Washington. Thank you, Representative Carson.
    I recognize Representative Steel of California for 5 
minutes.
    Mrs. Steel. Thank you, Chairman Larsen, Ranking Member 
Graves, and the witnesses.
    Orange County is the Nation's fourth largest with the 
highest veteran population. Veterans have made immense 
sacrifices on behalf of all of us, and one of my top priorities 
in Congress is to ensure that our veterans can receive high-
quality accommodations and timely services.
    As mentioned by our witnesses, many disabled veterans 
travel frequently, especially around this time of the year 
during the holidays to see families and friends.
    The TSA screening process is an important part of 
traveling. However, it can also pose many challenges for our 
disabled veterans, particularly for those with prosthetics, 
wheelchairs, and other mobility aids.
    So, Ms. Ansley, if the VETS Safe Travel Act passes the 
House of Representatives and becomes law, how will this improve 
the experience for our disabled veterans? And how will this 
impact the airport security experience, not just for disabled 
veterans but for all travelers?
    Ms. Ansley. Thank you for the question, Representative 
Steel.
    The VETS Safe Travel legislation would make the TSA 
PreCheck program available free of charge to any veterans who 
meet all the requirements of the program, and who use 
prosthetic devices and wheelchairs, so that they can access the 
PreCheck experience.
    For a person who permanently uses a wheelchair as part of 
their daily life, if they have PreCheck, they are able to have 
their hands or wheelchair feet swabbed to see if there are 
explosives. And if there aren't, they are good to go. That is 
the end of their screening.
    If they have to go through the standard screening process, 
then that requires a full pat-down, which takes a long time, 
requires hands-on movement of individuals. And it can be very 
invasive and very lengthy.
    And we would like to provide ways to make sure that our 
veterans are able to avoid those pat-downs, and we also call on 
TSA to implement technologies that would allow wheelchair users 
to not automatically be flagged for these types of screenings.
    Mrs. Steel. Thank you so much.
    And, Mr. Keithley, with inflation skyrocketing, increased 
fuel prices, and rising general costs, the price of airline 
tickets are difficult to many to purchase, especially around 
the holidays.
    With this in mind, how many of your members offer veterans 
discounts on airline tickets?
    Mr. Keithley. Congresswoman, thank you for the question.
    Unfortunately, I don't have the information on our members' 
discounts. I am not an expert in our members' fare structures, 
but I am happy to work with our members and get information 
over to your office.
    Mrs. Steel. OK. Thank you very much.
    Thank you, and I yield back, Mr. Chairman.
    Mr. Stanton [presiding]. Thank you very much.
    The Chair recognizes Congresswoman Williams.
    Ms. Williams of Georgia. Thank you, Mr. Chairman.
    And thank you to all of our witnesses who are here today.
    There are 42 million Americans who have a disability. It is 
enough of a challenge to travel hundreds of miles. We shouldn't 
have anyone living with the fear of their mobility aids being 
lost, damaged, or mishandled when traveling, as we have heard 
from our witnesses today. Air travel should not only be 
accessible, but also a safe and dignified experience.
    Ms. Ansley's testimony cited GAO's 2020 report on the 
accessibility of U.S. aircraft lavatories, specifically that 
accessible lavatories are available but that carriers don't 
often choose to acquire them.
    Mr. Keithley, could you elaborate on why carriers are often 
hesitant to acquire accessible lavatories?
    Mr. Keithley. Congresswoman, thank you for the question.
    And referring back to my answer a little bit earlier, none 
of those lavatories actually meet the DOT standards which DOT 
has proposed. We are looking forward to the DOT finalizing its 
rules, which are supposed to come out next April, so that the 
manufacturers can start meeting those obligations, and airlines 
can start installing them.
    Ms. Williams of Georgia. Thank you.
    So, I just want to make sure that I am hearing that. So, 
even the current ones are not sufficient.
    Mr. Keithley. Congresswoman, yes, from our understanding of 
the comments of the manufacturers, the current solutions do not 
meet DOT's proposed requirements.
    Ms. Williams of Georgia. Thank you.
    And, Mr. Ryks, my district is home to Hartsfield-Jackson 
Atlanta International Airport, and I know you all have heard me 
say it is the world's busiest and most efficient airport. But 
if it is not efficient enough to make sure that it is 
accessible for all passengers, then I have got work to do.
    So, given your expertise and familiarity with the large 
hubs, what can Congress do to help large airports become more 
accessible?
    Mr. Ryks. Thank you, Representative Williams, for the 
question.
    I believe, as I said in my testimony, it comes down to 
funding, first and foremost. There are a lot of needs out 
there. I mentioned the shortfall is significant. And so, 
Congress could go a long way in really supporting additional 
funding for the Airport Terminal Program and the AIP program in 
general. I think the recognition of the priority of accessible 
airports for all certainly would help in that regard to 
prioritize those investments.
    Ms. Williams of Georgia. In your testimony, you mentioned 
that next year's FAA reauthorization is an opportunity to 
narrow the gap and make our airports and terminals more 
accessible. Can you elaborate more on what those policies might 
look like?
    Mr. Ryks. Well, again, I think certainly recognizing--I 
think the ATP program went a long way to recognize that airport 
terminal projects should be prioritized and that there was a 
backlog there. So, I think that, again, given that much of 
these investments are in facilities for airports, that 
prioritizing those investments, maybe looking at eligibility 
requirements for those investments at airports would be a good 
start.
    Ms. Williams of Georgia. Thank you, Mr. Chairman.
    And I yield back the balance of my time.
    Mr. Stanton. Thank you very much.
    The Chair now recognizes Congressman Johnson.
    Mr. Johnson of Georgia. Thank you, Mr. Chairman, for 
holding this hearing.
    And thank you to the witnesses for your time and for your 
testimony.
    Airline employees and contractors are responsible for 
properly handling cargo which for passengers with disability 
includes mobility aids such as wheelchairs.
    However, too often, we see that this equipment is not being 
handled with appropriate care as required under Federal law.
    For example, earlier this year, we saw many Paralympians 
arriving at Atlanta's Hartsfield-Jackson International Airport 
to compete in the July 4th annual AJC Peachtree Road Race. 
Numerous passengers reported damages to their wheelchairs. And 
for some, their chairs never arrived, forcing them to bow out 
of the competition completely.
    As one racer, Julia Beckley from Colorado, stated, quote, 
``Things get broken and that sucks, but when you lose someone's 
day chair and race chair, you're taking away their entire life 
in a second,'' end quote.
    Unfortunately, this is because airline employees aren't 
sufficiently trained about how mobility aids, particularly 
wheelchairs, should be handled.
    Ms. Ansley, can you speak to the gaps in training among 
airline workers on the storage and handling of specialty 
mobility aids that impacts passengers with disabilities and 
proves financially burdensome?
    Ms. Ansley. Yes. Thank you for the question, Representative 
Johnson.
    Certainly we do know that there are many gaps in not only 
training, but also in the infrastructure surrounding wheelchair 
stowage. So, we often know that information that is provided by 
passengers about their wheelchair may not be fully conveyed 
through their travel process so that everyone knows they are 
traveling with a wheelchair, including upon their arrival.
    We also know that there are often gaps in the resources 
that are available to get the wheelchair into the cargo area. 
And it is important to note that, depending on the aircraft, it 
can actually be very difficult or even impossible practically 
to get a wheelchair into the hold, to store into the cargo area 
because aircraft are not designed to accommodate wheelchairs. 
It is an afterthought of accommodation that only came, quite 
frankly, because of the passage of the Air Carrier Access Act 
that we have to accommodate passengers with disabilities. And 
it is still evident in the structure that you see in the 
airports system.
    There are also difficulties in being able at times, 
particularly with power wheelchairs, to get them from the 
jetway, where the individual transfers from the chair down to 
the ramp because of placement of elevators within the airport 
and the infrastructure to get it down to the ramp.
    And then, of course, there are concerns with turn time, 
wanting to get the plane reloaded as quickly as possible to get 
it on its way.
    It also means at times cutting corners, people looking 
outside the window to see staff lifting 400- or 500-pound 
wheelchairs, physically lifting them. It is truly dangerous, 
not only for the individual who has their legs, if you will, 
being moved in and out of a cargo area, but also the 
individuals that are left to do this work.
    And that is why we support people being able to remain in 
their wheelchairs on the airplane just like they do on trains 
and buses and subways and other forms of mass travel in this 
country.
    Mr. Johnson of Georgia. Thank you.
    Ms. Krause, according to your testimony, we have seen DOT 
implement several accessibility-related provisions to the FAA 
Reauthorization Act of 2018.
    For instance, DOT issued a notice to the largest U.S. 
airlines, establishing a compliance date for reporting 
requirements on the number of wheelchairs and scooters that 
were enplaned and the number of these items that were 
mishandled. However, DOT is still working on rulemaking for 
other requirements under the 2018 law.
    What would you say are the limitations that have prevented 
full implementation of these and other necessary provisions?
    Ms. Krause. As they have been working through things, some 
of this has been contingent on studies being completed and the 
advisory committee looking into some of these issues and making 
recommendations.
    The DOT office is also fairly small and has had a lot of 
efforts being directed towards dealing with the refund issues 
out of the pandemic. But, yes, as you note, they are moving 
forward on a couple of rulemaking processes now.
    Mr. Stanton. Thank you.
    Mr. Johnson of Georgia. What's been the problem with it 
having not been----
    Mr. Stanton [interrupting]. Congressman, I think your 5 
minutes is up. Maybe they can answer that question in writing.
    Mr. Johnson of Georgia. Thank you.
    Mr. Stanton. I will now recognize myself for up to 5 
minutes.
    I want to thank Chairman Larsen for holding this important 
hearing. It is especially important for so many Americans.
    And I want to thank each of our witnesses for their 
testimony, especially our colleague, Representative Langevin, 
and Mr. Scott, for sharing their very personal experiences and 
a point of personal privilege to thank Representative Langevin 
for doing such a great job representing his community and all 
Americans in Congress, an impactful Member of our Congress.
    They are not alone. The experiences they described are like 
so many of the other individuals with disabilities traveling by 
air. Unfortunately, they are all too common. Last month marked 
the 36th anniversary of the Air Carrier Access Act which 
prohibits discrimination against persons with disabilities in 
commercial air transportation.
    Through the act and the landmark Americans with 
Disabilities Act, we have made significant progress toward 
ensuring equal access for those with disabilities. But barriers 
to air travel, inaccessible lavatories, injuries when boarding 
or deplaning, inconsistent security screenings, and damage to 
mobility aids, they still persist.
    These barriers often force individuals with disabilities to 
endure additional challenges when traveling. They will 
dehydrate and fast to avoid having to use the lavatory. Their 
mobility devices often become inoperable because of damage 
caused by an airline's handling or storage. For too many, the 
high stress and anxiety that comes with these situations forces 
them to simply avoid air travel altogether. This is 
unacceptable, and we simply must do better.
    Mr. Keithley, I have a question for you. I want to touch on 
Representative Langevin's highlighted issues on lithium-ion 
batteries, which are becoming more common in power chairs. How 
frequently are passengers denied boarding because their power 
chair has a lithium-ion battery?
    Mr. Keithley. Congressman, thank you for the question.
    I don't have that precise data, but I am happy to go back 
to our members and get some data information for you. We 
continue to support the FAA's and the Pipeline and Hazardous 
Materials Safety Administration's determinations on lithium-ion 
batteries, and safety is our primary consideration for carrying 
those batteries.
    Mr. Stanton. What steps are the airlines taking to better 
educate ground crew, gate personnel, and other contractors on 
the FAA standards for these batteries to prevent situations 
like the ones Representative Langevin experienced?
    Mr. Keithley. Congressman, as I mentioned earlier, our 
members are engaging in improvements to their training, as well 
as the training of their contractors. We look forward to 
incorporating better knowledge of handling and mobility aids 
and look forward to making improvements in that area.
    Mr. Stanton. A question for Ms. Krause.
    How do U.S. airlines' current policies on lithium-ion 
batteries compare to current FAA safety standards?
    Ms. Krause. Unfortunately, it's not an issue we have looked 
at, but I am happy to work with your staff to see if we can get 
an answer.
    Mr. Stanton. I very much appreciate that.
    With that, I will yield back.
    And our final Member for questioning now is Congresswoman 
Titus.
    Ms. Titus. Thank you very much, Mr. Chairman.
    And I, too, want to thank Mr. Langevin for being such a 
champion for these issues, and I was pleased to join him in 
introducing the Air Carrier Access Amendments Act. And I hope 
that we can make that a priority. We don't have much time 
before the end of the year, but it's certainly, obviously, from 
this hearing, very important.
    I would like to ask Ms. Ansley the first question. I 
represent Las Vegas. It is one of the world's top destinations, 
and we pride ourselves on having very good access for those 
with disabilities.
    We have 40 million visitors a year coming from all around 
the world. And we know that the travel experience and your 
holiday, when you talk about it and you reflect on it, begins 
the minute you leave the house. So, that includes getting on 
the plane, your experience in the airport, how the plane does 
to accommodate you.
    And I wonder if all of you would address: What are some of 
the things that we can put in the FAA reauthorization that 
address some of the questions that have come up today and just 
make the travel experience better for people with disabilities?
    Now is the time. We were going to do this reauthorization. 
We ought to take advantage of the opportunity to see what we 
might be able to include.
    Ms. Ansley. Thank you, Congresswoman Titus, for that 
question.
    And PVA held its 75th annual convention in Las Vegas back 
in 2021. So, we were----
    Ms. Titus [interposing]. Thank you for that.
    Ms. Ansley [continuing]. Pleased to be in your State.
    We really believe that there is much that can be done in 
the 2023 authorization similarly to what we had in 2018. That 
includes including provisions of the Air Carrier Access 
Amendments Act in the reauthorization. It is truly the only way 
that we are going to address the structural problems with how 
aircraft are designed and with processes.
    I don't believe that you can train your way out of these 
issues. Training is a component. It certainly is. But the 
system is simply not designed to accommodate people who use 
wheelchairs in air travel the way that we have it today.
    And we also support increased enforcement. We have heard a 
lot about those complaints that are filed with DOT. Many people 
don't even file the complaints anymore, because they feel like 
they do and nothing changes.
    Even when they get a letter, saying that the complaint was 
valid, they don't see any changes. They don't receive any 
compensation. They don't even receive an ``I am sorry'' from 
DOT.
    If you file with the airline, if you are an incident, 
typically you may be offered miles to travel on the airline 
again. They are supposed to fix your wheelchair if they damage 
it, and it has been disassembled.
    We think that people being able to remain in their 
wheelchair, in addition to enforcement, continuing the work 
that was done in 2018 in terms of the study on in-cabin 
wheelchair restraint systems, is another good way for us to 
move forward and, again, really take this opportunity to make a 
change, move beyond best practices and individual action.
    Forty years of activity in this area has shown us that, 
unless Congress and DOT act, we don't see changes in the 
system.
    Ms. Titus. FAA is one of the most hidebound agencies that I 
know. It's very hard to get them to change, and often they hide 
behind the ``it is all about safety.'' Well, we certainly want 
it to be all about safety, but we don't want safety to just 
become an umbrella excuse for not doing anything.
    My second question was going to be just what you mentioned.
    To Mr. Keithley, when it comes to disability-related 
complaints, would you walk us through that process? How do you 
address them? How do you review complaints? Do you have any 
people from the disability rights community engaged in that 
process?
    Mr. Keithley. Certainly, Congresswoman.
    When an airline receives a complaint, there is a multistep 
process. If the complaint occurs at the airport--and this is 
all regulated by the Department of Transportation under a 
rigorous regulatory regime--if the complaint occurs at the 
airport, the airline is required to provide what is called a 
complaint resolution officer. And those resolution officers are 
supposed to be available 24/7. And they are supposed to have 
the authority to dispose of the concern, as well as have 
special knowledge about the ACAA regulations.
    If the complaint comes in after the travel experience, the 
Department also has regulations to require that we respond to 
the passenger's complaint, to address their potential 
violation, and also inform them that they can take their 
complaint to the Department of Transportation.
    We take all of that complaint data, we aggregate it, we 
code it, and provide it to the Department of Transportation to 
help them identify trends and also help us to identify trends.
    Our members are--some of them already have and others are 
creating advisory boards for the disability community so that 
they can help analyze those trends, those complaints, and make 
improvements where they see those trends.
    Mr. Stanton. Thank you so much.
    Time has ended.
    Ms. Titus. Thank you.
    Mr. Stanton. Thank you, Congresswoman.
    Next up will be Congressman Mast.
    Mr. Mast. Thank you. I appreciate it.
    So, Mr. Keithley, I wanted to start with you and just bring 
up a conversation about walking assisting devices. I walk with 
a cane on a daily basis. Some people have crutches. There are 
variations of walking sticks that people use. And I would be 
curious to know your opinion on it, recognizing where you come 
from, from the airlines.
    When I get on a plane on a weekly basis, I use my cane to 
walk onto that aircraft, down the ramp which is sometimes 
pretty inconvenient because of how steep they are and the fact 
that for the bulk of those ramps, there are not handrails on 
the way down. There are just usually two short sets of 
handrails down where those things accordion, if you want to use 
that word for it.
    But then I get onto the aircraft. And the flight attendants 
will say, hey, we need to put your cane up into the bin, to 
which I have had numerous conversations about this. And they 
said, well, we assure you that if you need your cane, we will 
get you your cane back, of which I think is absolutely not 
likely at all, that if there is an emergency situation in the 
aircraft, nobody is coming back to get my cane out of the upper 
bin.
    And so, I am just wondering your opinion on why that needs 
to be in place, or does it need to be in place, for passengers 
to move those mobility aids to the bin?
    And I will give you one other statement. It was said to me, 
well, if you were to pass out, also, then your cane would be in 
the way. Well, I have two prosthetic legs. And beyond that, I 
weigh about 170 pounds. So, on top of a cane being in the way, 
there would be two prosthetic legs and 170 pounds of dead 
weight. So, I don't think that is a great reason either, but I 
would be curious to know your opinion on that.
    Mr. Keithley. Thank you for the question.
    The rules for requiring the stowage of mobility aids were 
developed with, first, obviously safety is the first 
consideration in mind.
    If there are additional concerns about safety and 
evacuation, we certainly defer to FAA as our safety regulator 
as DOT with the expertise in accessibility and safety to make 
improvements to that regulation to ensure that your evacuation 
is safe, you have the mobility device that you need, and that 
the entire flight is safe for all passengers.
    Mr. Mast. So, I would just ask that this is something we 
revisit and look at.
    Do you think we could find agreement that it is unlikely a 
flight attendant is going to come back and get my cane if there 
is an emergency situation on the aircraft?
    Mr. Keithley. Congressman, I think the flight attendants 
are dedicated to assisting you with your disability and your 
service needs. I think this is actually a great opportunity for 
something that the ACAA Advisory Committee could take a look 
at, which is going to be reconstituted by DOT. And that was the 
committee that was created by Congress.
    Mr. Mast. Good. I appreciate it. I will look forward to 
looking at that with you all.
    I want to bring up a slightly different issue in the 2 
minutes that I have remaining. And this is just something that 
I think is related to assistance for individuals with 
disabilities but a host of others as well, and I am just going 
share a personal story on this.
    I was flying from Grand Rapids, Michigan, to Florida. I 
picked up my father, or, rather, my father was flying back to 
Florida with me. And he is 92 years old. He doesn't have a 
printer in his house. He doesn't have texts enabled on his 
phone. And so, the ability to actually get him his ticket was 
something that was limited by his age and his use of 
technology.
    But as we were flying with Frontier Airlines, we did 
witness that there is a $25 per passenger, per direction charge 
to utilize anybody's assistance at the ticket counter.
    And actually I printed off the regulation on it. It says 
``$25 per passenger, per direction. For customers who have not 
prepaid, this charge will apply for passengers who choose to 
utilize assistance from our airport agents.'' Twenty-five 
dollars for any assistance.
    Now while I was on that flight--and this is something that 
I would like to help to find an answer to--I was sitting in the 
second row. And I listened to the two flight attendants on the 
flight argue for about 45 minutes that the ticket counter 
agents were receiving a commission off of that $25 charge, and 
that Betty or Gayle or whoever the name is that they were 
talking about working there, had cleared $3,000 or $4,000 in 
the last month off of charging those $25 charges for every time 
somebody needs to use the ticket counter.
    I don't know if that is true, number one. I want to get 
facts on this. But, number two, if we were talking about payday 
lenders outside of military bases or credit cards or something, 
everybody would be blowing a gasket. And I think this is 
something that also relates to individuals with disabilities 
and their access to technology.
    So, I hope that we can have help finding an answer on that. 
Thank you.
    Mr. Stanton. Thank you very much, Congressman Mast.
    I believe that is all the Members asking questions. So, 
that concludes our hearing.
    I would like to thank our witnesses for their testimony. 
The comments and insights have been very informative and 
helpful. I ask unanimous consent that the record of today's 
hearing remain open until such time as our witnesses have 
provided answers to any questions that may be submitted to them 
in writing.
    I also ask unanimous consent that the record remain open 
for 15 days for any additional comments and information 
submitted by Members or the witnesses to be included in the 
record of today's hearing.
    Without objection, so ordered.
    The subcommittee stands adjourned.
    [Whereupon, at 11:58 a.m., the subcommittee was adjourned.]



                       Submissions for the Record

                              ----------                              


  Prepared Statement of Hon. Sam Graves, a Representative in Congress 
     from the State of Missouri, and Ranking Member, Committee on 
                   Transportation and Infrastructure
    Thank you, Chair Larsen, and thank you to our witnesses for being 
here today.
    I especially want to thank our colleague, Congressman Jim Langevin, 
for joining us.
    Congressman Langevin is a staunch advocate for passengers with 
disabilities, and I appreciate his work on these issues.
    We have made great strides towards making air travel accessible to 
all Americans.
    Specifically, through the Air Carrier Access Act and the Americans 
with Disabilities Act, Congress addressed significant gaps and 
successfully worked towards ending disability-related discrimination.
    I'm looking forward to hearing from our witnesses about new ways to 
achieve our shared goal of improving the air travel experience for 
passengers with disabilities.
    Thank you, Chair Larsen. I yield back.

                                 
  Statement of Maynard Friesz, Vice President of Policy and Advocacy,
         Cure SMA, Submitted for the Record by Hon. Rick Larsen
    Chairman Larsen, Ranking Member Graves, and Members of the 
Subcommittee,
    Thank you for holding a hearing to highlight the challenges air 
passengers with disabilities, including those with spinal muscular 
atrophy (SMA), face when traveling by air. As the leading national 
organization that advocates for children and adults with SMA, a 
neuromuscular disease that affects physical strength, Cure SMA is 
pleased to share the air travel perspective and experience of the SMA 
community and provide recommendations for Congress to consider in its 
reauthorization of the law governing the Federal Aviation 
Administration (FAA) and air travel in this country.
        Air Travel Challenges for Wheelchair Passengers With SMA
    SMA is a progressive neurodegenerative disease that robs 
individuals of physical strength, often leading to loss of ambulation 
and fine motor skills. Many individuals with SMA use power wheelchairs 
that are tailored to their individualized SMA needs, such as extra back 
and side supports or a repositioning feature to improve function and 
breathing. ``Wheelchairs are our legs. Wheelchairs are a lifeline. 
Wheelchairs are independence,'' a Florida woman with SMA said about the 
importance of her wheelchair. A Wisconsin man with SMA said ``My power 
wheelchair is essential to my independence and well-being. It is not a 
piece of luggage; it is something that I rely on completely.''
    Based on the experience of air travelers with SMA, airlines do not 
seem to place the same value on wheelchairs in their handling and 
storage process. Many air travelers with SMA report air travel damage 
to their wheelchairs, despite their own pre-flight precautions. The 
preparations for a California family with a child with SMA start during 
the booking process to provide the airline with ample heads-up time. 
Once they arrange their flights, the family contacts the airline's 
disability services representative about their son's power wheelchair. 
They then arrive 3 or more hours early to the airport to begin their 
onsite steps. They reconfirm with the ticket agent and the gate 
attendant that the airline is prepared to stow their son's powerchair. 
They then safeguard the wheelchair for storage in the cargo of the 
plane by bubble wrapping the chair, removing its joystick, and tagging 
the wheelchair with ``do not tilt'' and ``push here'' instructions. A 
52-year-old adult with SMA who travels regularly for work takes similar 
precautions. ``Given the essential nature of my wheelchair, I expect 
airlines and airport personnel to transport my wheelchair safely and 
securely 100% of the time. I estimate that I have experienced some type 
of damage to my wheelchair on 80% of my trips.'' He went on to say 
damage ranges from ``something minor, to complete destruction of the 
wheelchair.'' Other wheelchair-related complaints reported to Cure SMA 
from individuals with SMA and their families included:
      ``My own specialized wheelchair (worth $30,000) is broken 
almost every time I fly.'' Maryland woman with SMA
      ``I am 33 years old, and in my life, I have had my 
wheelchair transferred to the wrong connecting flight and badly damaged 
in the luggage hold below the plane multiple times.'' California man 
with SMA
      ``People with SMA who travel by air must check their 
wheelchair with no confidence or assurance that their lifeline to 
independence and mobility will arrive undamaged.'' Texas woman with SMA

    In addition to problems associated with wheelchair stowage, air 
passengers with SMA also encounter common challenges related to seat 
transfers and inaccessible lavatories. Muscle atrophy and low body tone 
associated with SMA often prevents individuals with SMA from sitting 
independently in an aisle chair or aircraft seat without support. Many 
individuals with SMA are injured during the transfer process because 
aisle chairs offer limited support. A woman with SMA said ``It can be 
terrifying. I have been required to transfer out of my wheelchair under 
the supervision of strangers who have no knowledge about my physical 
capabilities, range of motion issues, and other critical aspects of my 
disability.'' Another adult with SMA pointed to limited seat and row 
space on an aircraft as contributing to unsafe seat transfers. ``My 
most difficult and most dangerous transfers have come from not having 
enough room between seats for someone to be on either side of me.'' 
Inaccessible lavatories also cause challenges for people with SMA. A 
recent Cure SMA survey found that air passengers with SMA dehydrate 
several hours before takeoff and schedule flights with multiple 
layovers rather than direct flights to allow for airport bathroom 
breaks.
                   Impact of Inaccessible Air Travel
    Each month, the U.S. Department of Transportation (DOT) reports the 
number of customer complaints related to lost, mishandled, or damaged 
wheelchairs and scooters.\i\ Behind each of these numbers is a story of 
consequence and loss, whether related to physical and emotional injury 
or lost opportunities and impacted meetings, vacations, and family 
events. A New York man with SMA said he declines work conferences and 
meetings due to inaccessible air travel. ``I would not have to be the 
`team member left home' and could join my fellow teammates at these 
events if I could sit in my own chair for the duration of the flight 
rather than stow my wheelchair.'' A woman with SMA who travels a couple 
times a year for work factors time to repair a wheelchair damaged 
during travel into her plans. ``I usually travel in a day prior to the 
event to ensure I make it to the event in time and with a working 
chair. That way if the chair is damaged, I have a little time to try to 
get it fixed in advance of the actual event taking place the following 
day, assuming it's nothing significant.'' A California man with SMA 
said ``I have lost days of travel, both vacation and work travel, 
trying to find a wheelchair repair shop in a new city, ordering parts, 
and scheduling maintenance.''
---------------------------------------------------------------------------
    \i\ Air Travel Consumer Report, U.S. Department of Transportation, 
2022, https://www.transportation.gov/individuals/aviation-consumer-
protection/air-travel-consumer-reports
---------------------------------------------------------------------------
    A Texas mother of a teenager with SMA described how several 
wheelchairs on her son's wheelchair basketball team were significantly 
damaged while traveling for a basketball tournament. ``Not only was it 
a dangerous and humiliating situation, but the ramifications of a 
damaged custom mobility device can include missed school, missed work, 
and risk of health problems and/or injuries due to using an ill-suited 
loaner chair.'' Several individuals with SMA avoid air travel all 
together due to wheelchair damage concerns, despite the personal and 
professional cost to them. ``I have been unable to attend family 
weddings. I have missed out on school trips and study abroad 
opportunities,'' said a Massachusetts man with SMA.
         SMA Community Recommendations For FAA Reauthorization
    Cure SMA applauds past actions by Congress to help make air travel 
more accessible for passengers with disabilities, first through the Air 
Carrier Access Act (P.L. 99-435) and then through subsequent FAA 
reauthorization bill improvements. The disability title in the 2018 FAA 
reauthorization bill (P.L. 115-254), for example, included several 
important provisions to help increase accessibility for passengers with 
disabilities, including the air passengers with disabilities bill of 
rights and the study on in-cabin wheelchair restraint systems.\ii\ In 
addition, DOT continues its regulatory work related to accessible 
lavatories in single aisle aircraft and onboard wheelchair design. 
However, as one adult with SMA put it, ``accessible bathrooms and other 
incremental improvements are nice but the ability to stay in my own 
wheelchair during flights is far, far more important to me.''
---------------------------------------------------------------------------
    \ii\ FAA Reauthorization Act of 2018, P.L. 115-254, 2018, https://
www.congress.gov/115/plaws/publ254/PLAW-115publ254.pdf
---------------------------------------------------------------------------
    Cure SMA and the SMA community urges Congress to require that new 
aircraft design will accommodate the ability for a person with 
disability to roll onto the aircraft in their own wheelchair, use it as 
their airplane seat, and move within the cabin to access an accessible 
bathroom. Cure SMA supports provisions in the Air Carrier Access 
Amendments Act (H.R. 1696) to ensure that future aircraft ``be designed 
to accommodate individuals with disabilities'' through new design 
standards. ``I want to be able to roll my wheelchair onto the plane, 
lock in, and enjoy the flight like every other passenger,'' said an 
adult with SMA.
    However, given the lengthy process to manufacture and 
operationalize new aircraft, the SMA community also urges Congress to 
take immediate steps to improve accessibility, including retrofitting 
existing aircraft to accommodate onboard wheelchair seating. The 
congressionally mandated study on wheelchair securement systems on 
aircraft (like those used in buses) found no formidable design and 
engineering challenges that would ``call into question the technical 
feasibility of an in-cabin wheelchair securement system.'' \iii\ Cure 
SMA supports efforts to fund and complete any final analysis, as 
recommended in the aircraft securement report, to address operational 
and passenger accommodation considerations for in-cabin wheelchair use 
on existing aircraft. Other short-term improvements could include 
additional staff training related to wheelchair stowage and handling 
and new aisle chairs that included seat elevators to promote safe 
transfers.
---------------------------------------------------------------------------
    \iii\ Study on the Feasibility of Wheelchair Restraint Systems in 
Passenger Aircraft, National Academies of Sciences, 2021, https://
www.nationalacademies.org/our-work/committee-for-a-study-on-the-
feasibility-of-wheelchair-restraint-systems-in-passenger-aircraft
---------------------------------------------------------------------------
                               Conclusion
    Air travel in the U.S. for individuals with SMA and other 
disabilities should be accessible and equal. It should not be a ``roll 
of the dice'' situation as one person with SMA described. Congressional 
inaction on this important issue will only increase transportation 
barriers faced by air travelers with SMA and other disabilities, which 
represents a large segment of the U.S. population. According to a 
recent national study organized by Paralyzed Veterans of America, Cure 
SMA, and other national disability organizations, more than 75 percent 
of people with disabilities would fly at least a few times a year if 
the current air travel problems for passengers with disabilities were 
addressed.\iv\ As you consider improvements for air travel for 
passengers with disabilities, Cure SMA encourages you to examine 
proposals through the lens of a power wheelchair user with SMA. ``I 
would love nothing more than to travel around the world and experience 
travel the same way as able-bodied people. However, due to the 
complicated, unsafe nature of traveling as a disabled person currently, 
flying has become an anxiety-inducing nightmare.''
---------------------------------------------------------------------------
    \iv\ ACAA Survey, Paralyzed Veterans of America, Cure SMA, and 
National Disability Organizations, 2022 https://pva.org/wp-content/
uploads/2022/09/2022-ACAA-Survey-Results-FINAL.pdf
---------------------------------------------------------------------------
    Thank you for considering the views of Cure SMA and the SMA 
community.

                                 
Statement of Kendra Davenport, President and CEO, Easterseals, and Dr. 
  Catherine ``Alicia'' Georges, Chair, Easterseals National Board of 
      Directors, Submitted for the Record by Hon. Peter A. DeFazio
    As the nation's leading provider of services and advocacy for 
people with disabilities, Easterseals proudly represents millions of 
current and potential airline travelers with myriad disabilities from 
across our network of 70 affiliates in the United States.
    On behalf of the 61 million Americans with disabilities, we thank 
the House Subcommittee on Aviation for holding this important hearing. 
We appreciate the opportunity to share our testimony for the record.
    Our goal is simple: make accessible air travel a reality.
    Easterseals is leading the way to full equity, inclusion, and 
access through life-changing disability and community services. For 
more than 100 years, we have worked tirelessly with our partners to 
enhance quality of life and expand local access to healthcare, 
education, and employment opportunities. And we won't rest until every 
one of us is valued, respected, and accepted.
    Through our national network of Affiliates, Easterseals delivers 
essential services and on-the-ground supports to millions of 
individuals, families and communities each year--from early childhood 
programs for the critical first five years, to autism services, medical 
rehabilitation and employment programs, veterans' services, and senior 
services. Our public education, policy, and advocacy initiatives, at 
the federal, state and local level, positively shape perceptions and 
address the urgent and evolving needs of the one in four Americans 
living with disabilities today. Together, we're empowering people with 
disabilities, families, and communities to be full and equal 
participants in society.
    People with disabilities are more actively engaged in all aspects 
of life than ever before. Employers have realized the competitive 
advantage people with disabilities bring to the table as problem 
solvers; brands have capitalized on the disability community's loyalty 
to authentic representation in their product creation and advertising; 
and, from curb cuts to audible crosswalks, communities are more 
welcoming to the vast array of people with disabilities.
    Further, there is a strong business case to be made, with real 
money currently left on the table and waiting for airlines to tap. Low 
estimates are that people with disabilities in the United States--not 
including their caregivers, family and friends--have some $22 billion 
in discretionary income available to spend on such things as travel, 
entertainment and more.
    Thanks to the Americans with Disabilities Act of 1990 (ADA), the 
work of many public/private partnerships across the country, and 
organizations like Easterseals, the nation's disability community can 
travel on other forms of public transit--utilizing trains, buses, ride 
shares, and taxis, but air travel is still a barrier to overcome. And 
they've been doing so for decades.
    The time has come, 32 years + after the ADA's passing, for the 
airline industry to join the rest of country in becoming accessible. 
The ADA legislation was a defining part of our culture, our communities 
and our world as it is today. The airlines stand alone as the last 
bastion of this integral change.
    We know there is increasing momentum on airline inclusivity. We 
note the establishment of the Air Carrier Access Advisory Committee in 
2019, and we applaud the efforts of the U.S. Department of 
Transportation in creating an Airline Passengers with Disabilities Bill 
of Rights this summer. We are thrilled that every airline member of 
Airlines for America recently signed a pledge to improve safe, 
accessible air travel to all passengers.
    But our advocacy will not and cannot stop until every person with 
any disability, one in four Americans--whether invisible or visible, 
blind, hearing impaired, autistic, older adults or Veterans, or with 
mobility issues--has equal access. And that includes a designated 
wheelchair spot, for all types of wheelchair users.
    Easterseals knows there is still much work to do, and we aren't 
just here to talk. We are here to partner alongside you, actively 
innovate and get to work to build a more accessible future for airline 
travelers with disabilities. We will bring the talent, expertise, 
insights, passion and leadership of people with disabilities forward to 
rally around this cause.
    During Easterseals' decades of expertise in transportation, we've 
been tapped at the federal, state, and local levels--as well as 
internationally--to provide solutions which improve accessible services 
and systems in partnership with policymakers, transportation agency 
administrators, human services professionals, caregivers, and advocates 
to empower communities to be innovators and change-makers.
    We see this integral line of Easterseals' service offering as 
another opportunity for collaboration. And would be honored to leverage 
the experience of Easterseals' Transportation Group, as well as the 
voices of millions of people with disabilities across our country 
within our 70 Affiliates, to build more accessible airways--for all of 
us.
    In the meantime, we would like to share a few perspectives from a 
variety of different Easterseals' champions, advocates and staff with 
disabilities who know firsthand the challenges of air travel. Their 
individual insights are noted on the following pages.
    Again, we aren't just here to talk, we are here to team and problem 
solve with you and the aviation industry. As a disability services 
provider to millions, we look forward to bringing our vast experience 
in accessible travel and transportation and the passion and power of 
Easterseals' nationwide network and community of disability advocates 
to support this Subcommittee to ensure your success in moving this 
initiative forward for the 61 million people with disabilities in our 
country today.
    You can count on Easterseals. Let's get to work!
    Thank you.
                               __________

 Disability Advocates on Travel: A Snapshot from Easterseals Community
    ``As an actor, writer and activist, I spend time traveling on an 
airplane from city to city, working on various productions, attending 
seminars, and speaking at events. What I've noticed in my frequent 
travels is a lack of consistency from airport to airport, and airlines 
airline. Some airports have a wheelchair support team, which has been 
incredibly helpful as I'm getting from one side of the airport to 
another. Many don't have such a team, so I never know what to expect.
    As with any other person trying to get from terminal to terminal, 
gate to gate, expediency is incredibly important. I don't want to miss 
my flight, just like anyone else, but if I don't know what kind of 
assistance to expect--assistance I sometimes very much need--I can't 
have a successful experience. From wheelchair support teams to having a 
wheelchair spot on the airlines, I'd love to see more consistency, more 
accessibility and equity in the current airline system for people with 
disabilities.''
                              -- Nicole Lynn Evans, Los Angeles, CA

    ``My wheelchair is customized so I can sit in it safely and 
comfortably. There have been many missed opportunities in my personal 
and professional life because I can't sit in a regular seat on a plane. 
I missed my brother's wedding when he was in the Marines and stationed 
across the country. I missed speaking engagements that could have 
propelled my career as an Easterseals National Staff Member. I miss out 
on the joy of traveling to new places or visiting long-distance 
friends.
    Disabled people shouldn't have to sacrifice autonomy, safety, and 
happiness because airlines refuse to be truly inclusive and accessible 
to the 1 in 4 Americans with disabilities. We need equity and access 
from airlines now.''
                                         -- Erin Hawley, New Jersey

    ``I have a high-level spinal cord injury and utilize a power 
wheelchair, but my injury and my chair doesn't stop my career 
aspirations. Unfortunately, in large part, the airlines do. Because 
there is no designated spot for a wheelchair, I don't fly. I can't risk 
having my chair damaged or broken. Just can't.
    I know I'm not the only professional that uses a wheelchair. There 
are thousands. We want to climb the career ladder as much as anyone 
else, but unfortunately, the limits of travel--missing out on 
conferences, business meetings and even team retreats--leaves us with 
less of an opportunity to achieve my goals. My attitude won't stop me. 
My disability won't stop me. The inaccessibility of the airlines does.
    As an elected official of the legislative branch, I understand how 
impactful good legislation can be. I hope this committee will address 
the grandest legislative goal of all--a wheelchair spot.''
                                    -- Ben Trockman, Evansville, IN

    ``As an autistic traveler and a brand content specialist for 
Easterseals, I find that so much of air travel and airport navigation 
relies on expectations that travelers know what to do rather than 
explicit written directions for travelers to follow. For example, I 
know from experience that I need to remove my shoes in the TSA Check, 
but I rarely find that airports have visible and clear signage saying 
so. When there are signs in airports and on planes, they rely on images 
that often confuse me.
    My disability is invisible; rather than my confusion being met with 
accommodation, I usually am often yelled at by airport workers for 
slowing down processes. Air travel can be very overwhelming for me, so 
I prefer to drive long distances over flying. I wish there were 
accommodations that I could utilize to make the process less stressful 
and more accessible.''
                                     -- Lily E. Newton, Chicago, IL

                                 
          Statement of the Christopher & Dana Reeve Foundation
    Chairman Larsen, Ranking Member Graves, and members of the Aviation 
Subcommittee, thank you for the opportunity to submit written testimony 
for today's hearing to address the challenges passengers with 
disabilities face during air travel. Since 2002, the Christopher & Dana 
Reeve Foundation has operated the National Paralysis Resource Center 
(NPRC), which promotes the health and well-being of people living with 
spinal cord injury, mobility impairment, and paralysis and is funded 
through a cooperative agreement with the Administration of Community 
Living (ACL) at the U.S. Department of Health and Human Services (HHS). 
It is a priority of the Christopher & Dana Reeve Foundation to ensure 
that individuals living with spinal cord injury, paralysis, and 
mobility impairments have the resources necessary to live life to their 
fullest abilities by participating in their communities and living 
independently.
    The passing of the FAA Reauthorization Act of 2018 (P.L. 115-254) 
in October 2018 provided additional protections for travelers with 
disabilities. The section on ``Aviation Consumers with Disabilities'' 
led to the feasibility study of in-cabin wheelchair restraints, the 
creation of the Advisory Committee on the air travel needs of 
passengers with disabilities, and the Airline Passenger Bill of Rights, 
which was announced by the U.S. Department of Transportation (DOT) in 
July 2022.
    We consistently hear from the community about how difficult, 
perilous, and inconvenient air travel is for passengers with 
disabilities. For several years, the Christopher & Dana Reeve 
Foundation has been working with a coalition of disability 
organizations led by Paralyzed Veterans of America (PVA) to advocate 
for additional improvements to air travel and is urging Congress to 
include certain key proposals in the Air Carrier Access Amendments Act 
of 2021 (ACAAA H.R. 1696) as they consider the 2023 FAA 
Reauthorization.
    The ACAAA would do several things to strengthen equitable access to 
air travel. Specifically, it would allow a private right of action, as 
most other civil rights laws do, which would finally give passengers 
with disabilities an appropriate redress for their grievances. The 
ACAAA would also ensure new airplanes are designed to accommodate the 
needs of people with disabilities by requiring airlines to meet defined 
accessibility standards. These standards will require safe and 
effective boarding and deplaning, visually accessible announcements, 
seating accommodations, lavatories, and better stowage options for 
assistive devices.
    To learn more about the experience of passengers with disabilities 
in air travel, PVA, the Reeve Foundation and 10 other disability rights 
organizations \1\ designed and promoted an informal online survey last 
fall. The goal of the survey was to gather information to inform the 
fight to improve the ACAAA and make air travel better for all people 
with disabilities. Nearly 1,300 individuals responded to the survey. 
Many of the respondents were concerned with the physical barriers that 
they would face before, during and after a flight. These barriers 
include fear of wheelchair damage, inaccessible lavatories and being 
dropped while being transferred to and from the airline aisle chair. In 
2019, passengers reported 42,418 disability related complaints by 186 
air carriers \2\. The overall number of complaints increased by almost 
15% over the number of complaints reported by air carriers in 2018 
(36,930). This data illustrates the immediate need for disability 
specific rules to be written into the upcoming 2023 FAA Reauthorization 
Act.
---------------------------------------------------------------------------
    \1\ This survey was sponsored by Paralyzed Veterans of America, 
American Council of the Blind, Bazelon Center for Mental Health Law, 
Christopher& Dana Reeve Foundation, Cure SMA, Disability Rights 
Education & Defense Fund, Epilepsy Foundation, Health Equity 
Collaborative, Muscular Dystrophy Association, National Disability 
Rights Network (NDRN), National Federation of the Blind, and United 
Spinal Association.
    \2\ U.S. Department of Transportation Annual Report on Disability-
Related Air Travel Complaints received during calendar year 2019.
---------------------------------------------------------------------------
    One of the most challenging aspects about living with paralysis is 
combating feelings of isolation and exclusion, especially for those who 
are unable to leave their homes due to societal barriers. The majority 
of passengers with disabilities who were surveyed report that they 
would fly at least a few times a year if the travel experience were 
more accessible. It is our hope that Congress will include critical Air 
Carrier Access Act provisions in the FAA Reauthorization Act, which 
will help create more equity in air travel.
    Thank you for the opportunity to submit this written statement and 
we respectfully urge you to implement these proposals.



                               Appendix

                              ----------                              


   Question from Hon. Henry C. ``Hank'' Johnson, Jr. to Brian Ryks, 
 Executive Director and Chief Executive Officer, Metropolitan Airports 
 Commission, on behalf of Airports Council International-North America

Addressing Cognitive Disabilities (not only physical)
    Question 1. As we moved through the pandemic, we saw more attention 
brought to cognitive, not just physical disabilities. To make air 
travel equitable for everyone, we must be able to address all 
disabilities as we move forward.
    Mr. Ryks, in your testimony, you spoke about pre-flight training 
programs for individuals with sensory, physical, or cognitive 
disabilities. Can you tell us more about these programs and how they 
would benefit individuals such as veterans suffering from PTSD or the 
elderly who might need additional assistance?
    Answer. MSP began its pre-flight program, Navigating MSP, in 2013. 
Many other airports have similar programs. These programs were 
originally created to support travel accessibility by assisting 
individuals with sensory, physical or cognitive disabilities. But in 
the spirit of making air travel more equitable for everyone, MSP and 
other airports can and do make these programs available to a broader 
base of individuals, including veterans with PTSD and the elderly.
    At MSP we make our pre-flight program available to anyone who feels 
they need training or practice if a person is within six months before 
an upcoming flight.
    Additionally, an offshoot of our Navigating MSP is a program that 
trains individuals how to fly with a service animal. This training 
utilizes our new mock aircraft cabin facility in Terminal 1, which 
allows individuals to practice boarding an aircraft with their service 
animals. Veterans are routinely involved in these monthly training 
sessions.
    Serving a growing elderly population and furthering their travel 
capabilities is an important role for us.
    As I mentioned in the hearing, MSP's accessibility journey is 
guided by the expertise and support provided through our Travelers with 
Disabilities Advisory Committee, or TDAC for short.
    The committee provides constructive feedback on how we address 
accessibility complaints and improve programs or design facilities that 
remove barriers for those with disabilities while elevating the overall 
experience for all travelers and airport users. We try to have a broad 
representation on that committee, including those who serve the 
elderly. One of the members of the committee represents a local non-
profit organization, DARTS, which stands for Dakota Area Resources and 
Transportation for Seniors.

Question from Hon. Henry C. ``Hank'' Johnson, Jr. to Matt Scott, Three-
                 Time Paralympic Medalist, Team U.S.A.

Strength Despite Disability
    Question 1. Mr. Scott, thank you for representing our country in 
the Paralympics, and congratulations on your many medals--you're an 
inspiration to us all.
    In your testimony, you state how your wheelchair makes you ``feel 
strong.'' That stuck out to me because often, people don't think about 
the mental and emotional aspects and security that one might have when 
it comes to their wheelchair. Can you speak about your personal 
connection to empowerment and educate others who might overlook this 
connection?
    Answer. Thank you, Congressman Johnson, for the thoughtful 
question. My connection to my wheelchair stems from the obstacles that 
we overcome together. I consider myself to be extremely independent and 
my wheelchair symbolizes that and so much more. My wheelchair has 
allowed me to live a more fulfilling and active lifestyle, but even 
more importantly, my wheelchair represents a sense of community and 
connection with others who also use wheelchairs or other assistive 
mobility devices. My wheelchair has allowed me to become a source of 
pride and inspiration in my community. My wheelchair has allowed me to 
motivate other people living with physical challenges to follow their 
dreams which is truly powerful. Additionally, I believe that my 
wheelchair represents resilience and strength. When I'm pushing my 
wheelchair, it makes me feel empowered because it requires elite level 
determination, adaptability, and problem-solving skills. It is my daily 
reminder of my own capabilities both physically and mentally.

 Questions from Hon. Henry C. ``Hank'' Johnson, Jr. to Heather Krause, 
   Director, Physical Infrastructure, U.S. Government Accountability 
                                 Office

FAA Reauthorization Act of 2018
    Question 1. Ms. Krause, according to your testimony, we have seen 
DOT implement several accessibility-related provisions to the FAA 
Reauthorization Act of 2018. For instance, DOT issued a notice to the 
largest U.S. airlines establishing a compliance date for reporting 
requirements on the number of wheelchairs and scooters that were 
enplaned and the number of these items that were mishandled. However, 
DOT is still working on rulemaking for other requirements under the 
2018 law.
    Question 1.a. What would you say are the limitations that have 
prevented full implementation of these and other necessary provisions?
    Answer. As noted in our testimony statement, the Department of 
Transportation had initiated action on all of the accessibility-related 
provisions in the FAA Reauthorization Act of 2018, but had completed 
only 5 of the 10 provisions.\1\ The Department's response on these 
remaining provisions was protracted in some cases because the 
Department sought input from other entities such as the Federal 
Aviation Administration (FAA) or the Air Carrier Access Act (ACAA) 
Advisory Committee before taking further action. For example, in the 
case of the minimum seat size provision (section 577 of the FAA 
Reauthorization Act of 2018), the Department first wanted FAA to 
complete its evacuation study (section 337 of the FAA Reauthorization 
Act of 2018). In the case of the Airline Passengers with Disabilities 
Bill of Rights provision (section 434 of the FAA Reauthorization Act), 
DOT officials told us they are seeking, but have not yet received, 
authorization under the Paperwork Reduction Act to collect and review 
airlines' and contractors' employee training plans that are required 
under the provision. In addition, according to Department officials, 
the pandemic and the unprecedented number of complaints related to 
refunds consumed Department resources slowing their ability to act on 
other priorities such as accessibility.
---------------------------------------------------------------------------
    \1\ GAO, Passengers with Disabilities: Barriers to Accessible Air 
Travel Remain, GAO-23-106358 (Washington, D.C.: Nov. 17, 2022).

    Question 1.b. How do you recommend Congress keep up with the 
implementation as the landscape quickly evolves?
    Answer. To help respond to evolving and emerging issues, Congress 
should have a clear understanding of the status of DOT's efforts to 
implement accessibility-related statutory provisions. DOT can 
communicate efforts to address statutory provisions in formal and 
informal ways. For example, for statutory provisions that involve 
rulemaking, the Department regularly provides updates in its 
Significant Rulemakings report.\2\ Other approaches could include a 
reporting requirement in committee report language or requesting 
informal briefings from the cognizant Department or agency officials. 
In the future, for major pieces of legislation that involve multiple 
requirements, Congress could consider adding in the legislation a 
reporting requirement for the Department to provide status updates, as 
noted in a recent Congressional Research Service report.\3\
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    \2\ Department of Transportation, Report on Significant 
Rulemakings, Washington, D.C., accessed Dec. 8, 2022, https://
www.transportation.gov/regulations/report-on-significant-rulemakings.
    \3\ CRS, Congressionally Mandated Reports: Overview and 
Considerations for Congress, R46357 (Washington, D.C.: May 14, 2020).
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 Question from Hon. Henry C. ``Hank'' Johnson, Jr. to Graham Keithley, 
   Vice President and Associate General Counsel, Airlines for America

Handling of Service Animals
    Question 1. Service animals play a vital role in the lives of 
people with disabilities, ranging from autism to muscular dystrophy. 
Service animals also, in many cases, become loving friends with their 
owners. However, before they can become service animals, they must go 
through rigorous training, and individuals must also be knowledgeable 
about handling them.
    Mr. Keithley, can you speak about the most challenging issues you 
see in ensuring service animals are handled with care during passenger 
transport?
    Answer. The U.S. Department of Transportation's (DOT) revised rules 
limiting service animals to dogs individually trained to work or 
perform tasks for the benefit of a qualified individual with a 
disability align with the Department of Justice's definitions, and have 
improved the safety and accessibility of air travel. Despite these 
changes, the fraudulent self-certification by passengers that their dog 
is a service animal, especially fraudulent assertions of self-training 
by the passenger, continues to pose a significant safety and 
accessibility problem for airlines. Such cases continue to result in 
significant dog misbehavior in the airport and onboard aircraft, which 
have resulted in injuries to passengers, crewmembers, and legitimate 
services dogs.
    We also look forward to working with our airport partners on making 
improvements to the airport environment that will facilitate seamless 
and more independent travel with service dogs, including more 
accessible and greater numbers of service animal relief areas, improved 
navigation signage, and more accessible infrastructure (e.g., 
elevators).

                                [all]