II
118th CONGRESS
1st Session
S. 1459
IN THE SENATE OF THE UNITED STATES
May 4, 2023
Ms. Duckworth (for herself and Mr. Thune) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To require the Administrator of the Federal Aviation Administration to issue regulations concerning accommodations for powered wheelchairs, and for other purposes.
Short title
This Act may be cited as the Mobility Aids On Board Improve Lives and Empower All Act
or the MOBILE Act
.
Regulations related to powered wheelchairs; other evaluations regarding wheelchairs
Rulemaking
Not later than 1 year after the date of enactment of this section, the Secretary of Transportation (in this section referred to as the Secretary
) shall issue a notice of proposed rulemaking requiring air carriers and foreign air carriers (as defined in section 40102 of title 49, United States Code)—
to publish, on a prominent and easily accessible place on the website of the carrier, information describing the dimensions of the cargo holds of all aircraft types in the air carrier's fleet, including the dimensions of the cargo hold entry; and
in the case of a qualified individual with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations) traveling with a wheelchair (including a powered wheelchair, manual wheelchair, or scooter) who has purchased a ticket for a flight from the air carrier but who cannot fly on the existing aircraft because the wheelchair of such qualified individual cannot fit in the cargo hold, to offer a refund to such qualified individual of any previously paid fares, fees, and taxes applicable to such flight.
Evaluation of data regarding mishandled wheelchairs
Not later than 6 months after the date of enactment of this section, and annually thereafter, the Secretary shall—
evaluate data (which shall be delineated by type of wheelchair being mishandled, such as powered wheelchairs, manual wheelchairs, and scooters, and by type of mishandling, such as damage (including the type of damage, such as broken drive wheels or casters, bent or broken frames, damage to electrical connectors or wires, control input devices, joysticks, upholstery, or other components, and any other type of damage deemed appropriate by the Secretary), delay, or loss) regarding the frequency of mishandling of wheelchairs (as defined in section 37.3 of title 49, Code of Federal Regulations) occurring on aircraft;
determine whether there are issues with respect to such frequency and type of mishandling; and
review and report any claims for which an air carrier has conclusive evidence of fraud.
Report on mishandled wheelchairs
Not later than 6 months after the date of enactment of this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report (which shall be made publicly available on the website of the Department of Transportation) regarding the results of each such evaluation and determination under subsection (b), including how the Secretary plans to address such results through consultation with air carriers, wheelchair manufacturers, national disability and disabled veterans organizations, and other relevant stakeholders.
Feasibility of in-Cabin wheelchair restraint systems
Roadmap
Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a publicly available strategic roadmap that describes how the Department of Transportation and the United States Access Board, respectively, shall, in accordance with the recommendations from the National Academies of Science, Engineering, and Mathematics Transportation Research Board Special Report 341—
establish a program of research, in collaboration with the Rehabilitation Engineering and Assistive Technology Society of North America (RESNA), the assistive technology industry, air carriers, original equipment manufacturers, national disability and disabled veterans organizations, and any other relevant stakeholders, to test and evaluate an appropriate selection of WC19-compliant wheelchairs and accessories in accordance with applicable Federal Aviation Administration crashworthiness and safety performance criteria, including the issues and considerations set forth in Special Report 341; and
sponsor studies that assess issues and considerations, including those set forth in Special Report 341, such as—
the likely demand for air travel by individuals who are nonambulatory if such individuals could remain seated in their personal wheelchairs in flight; and
the feasibility of implementing seating arrangements that would accommodate passengers in wheelchairs in the main cabin in flight.
Study
If determined to be technically feasible by the Secretary, not later than 2 years after making such determination, the Secretary shall commence a study to assess the economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate passengers with wheelchairs (including powered wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight. Such study shall include an assessment of—
the cost of such seating arrangements, equipment, and installation;
the demand for such seating arrangements;
the impact of such seating arrangements on passenger seating and safety on aircraft;
the impact of such seating arrangements on the cost of operations and airfare; and
any other information determined appropriate by the Secretary.
Report
Not later than 1 year after the date on which the study under paragraph (2) is completed, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a publicly available report describing the results of the study conducted under paragraph (2), together with any recommendations the Secretary determines appropriate.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.