[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\
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\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:
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\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).
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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
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\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\
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\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.
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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\
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\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:
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\27\ See ADA: A Brief Overview, supra note 7.
\28\ Id.
\29\ Id.
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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\
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\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\
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\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.
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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\
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\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\
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\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.
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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\
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\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\
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\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.
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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\
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\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\
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\57\ GAO supra note 1 at 2.
\58\ Id.
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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\
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\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.
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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.
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\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.
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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\
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\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.
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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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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.
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\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.
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\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.
---------------------------------------------------------------------------
\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.
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\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\
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\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.
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\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\
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\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.
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\14\ Air Carrier Access Act Advisory Committee Recommendations
(Washington, D.C.: Feb 4, 2022).
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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.
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\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.
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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.
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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.
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\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.
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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.
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\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).
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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\
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\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.
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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.''
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\i\ Air Travel Consumer Report, U.S. Department of Transportation,
2022, https://www.transportation.gov/individuals/aviation-consumer-
protection/air-travel-consumer-reports
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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.''
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\ii\ FAA Reauthorization Act of 2018, P.L. 115-254, 2018, https://
www.congress.gov/115/plaws/publ254/PLAW-115publ254.pdf
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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.
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\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
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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.''
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\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
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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.
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\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.
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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
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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.
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\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]