I
117th CONGRESS
2d Session
H. R. 9342
IN THE HOUSE OF REPRESENTATIVES
November 17, 2022
Mr. Langevin introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To amend title 49, United States Code, to prevent discrimination against airline passengers with disabilities who use lithium-ion-powered wheelchairs and mobility aids that are safe for air travel, and for other purposes.
Short title
This Act may be cited as the Working to Help Ensure Equity for Lithium-ion-powered Chairs on Airplanes Act
or the WHEELChairs on Airplanes Act
.
Findings; Sense of Congress
Findings
Congress makes the following findings:
In 1986, President Ronald Reagan signed the Air Carrier Access Act of 1986 (Public Law 99–435; 100 Stat. 1080), adding a provision now codified in section 41705 of title 49, United States Code, prohibiting disability-based discrimination in air transportation.
Despite this effort, individuals with disabilities continue to experience significant barriers to and with traveling in air transportation.
The Department of Transportation’s Airline Passengers with Disabilities Bill of Rights specifies that airlines must accept a battery powered wheelchair, if it fits in the cargo compartment and can be transported consistent with safety and security requirements
.
Wheelchairs and other mobility aids powered by lithium-ion batteries are growing in prevalence, as lithium-ion batteries are light-weight and can extend a device’s range between charges.
Airline passengers with disabilities who travel with lithium-ion-powered wheelchairs or mobility aids have been arbitrarily and erroneously denied boarding despite presenting documentation that their devices meet all applicable safety standards.
As the popularity of lithium-ion-powered wheelchairs and mobility aids continues to increase, so will the frequency of instances when airline passengers with disabilities are erroneously and arbitrarily denied boarding.
Sense of Congress
It is the sense of Congress that an air carrier or foreign air carrier that denies an airline passenger with a disability who use a lithium-ion-powered wheelchair or mobility aid that meets all applicable safety standards for air travel should be considered to have violated such passenger’s rights under section 41705 of title 49, United States Code, and therefore, all air carriers and foreign air carriers must maintain clear policies pertaining to lithium-ion battery-powered wheelchairs and mobility aids that are no more restrictive than all applicable safety standards.
Annual survey of air carrier and foreign air carrier lithium-ion battery policies for wheelchairs and mobility aids
In general
Subchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following:
Requirements for air carrier and foreign air carrier lithium-ion battery policies for wheelchairs and mobility aids
Survey required
Not later than 1 year after the date of enactment of the WHEELChairs on Airplanes Act, and annually thereafter, the Administrator of the Federal Aviation Administration shall conduct a survey on all air carriers and foreign air carriers to—
compile the policies regarding lithium-ion battery-powered wheelchairs and mobility aids of each air carrier and foreign air carrier;
determine whether any of the policies described in paragraph (1) are more restrictive than applicable standards in section 175.10 of title 49, Code of Federal Regulations; and
determine whether any of the policies described in paragraph (1) are not consistent with the standards established by the Administrator under subsection (f).
Report and publication
Upon completion of each survey required under subsection (a), the Administrator shall—
submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing such survey; and
publish on the website of the Department of Transportation in an accessible format the information collected under subsection (a).
Noncompliant policies
An air carrier or foreign air carrier is considered to have a noncompliant policy if the Administrator determines, as part of the survey conducted under subsection (a), that such air carrier or foreign air carrier—
does not have a policy for lithium-ion-powered wheelchairs or mobility aids in effect;
has a policy for lithium-ion-powered wheelchairs or mobility aids in effect that is more restrictive than standards in section 175.10 of title 49, Code of Federal Regulations; or
has a policy that is not consistent with the standards for adequate protection established by the Administrator under subsection (f).
Notification; updates
For any noncompliant policy under subsection (c), the Administrator—
shall notify the air carrier or foreign air carrier of the noncompliant status of the policy; and
shall require such air carrier or foreign air carrier to update any such policy before the date that is 180 days after the receipt of a notification under paragraph (1); and
shall assess a civil penalty under section 46301 for any policy of the air carrier or foreign air carrier that remains noncompliant beginning on such date.
Report on compliant policy
An air carrier or foreign air carrier that is required to update a noncompliant policy under subsection (d)(2) shall—
update such policy; and
submit to the Administrator a report upon completion of the update that contains the updated policy.
Adequate protection
The Administrator shall issue such regulations as are necessary to establish standards for adequate protection based on the requirements of section 175.10(a)(17)(v) of title 49, Code of Federal Regulations, for purposes of application under this section.
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Conforming amendment
Section 46301(d)(2) of title 49, United States Code, is amended by inserting section 41727,
before chapter 441
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Clerical amendment
The analysis for chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41726 the following:
41727. Requirements for air carrier and foreign air carrier lithium-ion battery policies for wheelchairs and mobility aids.
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