Sec. 712. Mobility aids on board improve lives and empower all
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Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall require air carriers to publish on a prominent and easily accessible place on the public website of the air carrier, information describing the relevant dimensions and other characteristics of the cargo holds of all aircraft types operated by the air carrier, including the dimensions of the cargo hold entry, that would limit the size, weight, and allowable type of cargo available.
The Secretary shall allow an air carrier to protect the confidentiality of any trade secret or proprietary information submitted in accordance with paragraph (1), as appropriate. In the case of a qualified individual with a disability traveling with a wheelchair who has purchased a ticket for a flight from an air carrier, but who cannot travel on the aircraft for such flight because the wheelchair of such qualified individual cannot be physically accommodated in the cargo hold of the aircraft, the Secretary shall require such air carrier to offer a refund to such qualified individual of any previously paid fares, fees, and taxes applicable to such flight.
Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Secretary shall— evaluate data regarding the type and frequency of incidents of the mishandling of wheelchairs on aircraft and delineate such data by— types of wheelchairs involved in such incidents; and the ways in which wheelchairs are mishandled, including the type of damage to wheelchairs (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, loss, or delay of return); determine whether there are trends with respect to the data evaluated under paragraph (1); and make available on the public website of the Department of Transportation, in an accessible manner, a report containing the results of the evaluation of data and determination made under paragraphs
(1)and
(2)and a description of how the Secretary plans to address such results. The Secretary shall develop a strategic plan that, at a minimum, describes how the Secretary, in consultation with the United States Access Board, will— establish a program, in collaboration with the Rehabilitation Engineering and Assistive Technology Society of North America, the assistive technology industry, air carriers, aircraft manufacturers, national disability organizations, and other relevant stakeholders, to test and evaluate an appropriate selection of WC–19 compliant wheelchairs in accordance with applicable Federal Aviation Administration crashworthiness and safety performance standards; and sponsor studies that assess— the likely demand for air travel by individuals who are nonambulatory if such individuals could remain seated in personal wheelchairs during flight; and the feasibility of implementing seating arrangements that would accommodate passengers in wheelchairs in the main cabin during flight. In developing the strategic plan described in paragraph (1), the Secretary shall consider the recommendations from the National Academies of Science, Engineering, and Mathematics Transportation Research Board Special Report 341, titled Technical Feasibility of a Wheelchair Securement Concept for Airline Travel , and published in 2021. Not later than 180 days after enactment of this Act, the Secretary shall seek to enter into an agreement with the Transportation Research Board of the National Academies under which the Transportation Research Board, in consultation with the Rehabilitation Engineering and Assistive Technology Society of North America, the assistive technology industry, air carriers, aircraft manufacturers, national disability organizations, and other relevant stakeholders, shall conduct a study to assess the economic and financial feasibility of requiring air carriers to implement seating arrangements that accommodate passengers with wheelchairs in the aircraft cabin during flight, including an assessment of— the cost of such seating arrangements and equipment and installation costs associated with such seating arrangements; the demand for such seating arrangements; the impact of such seating arrangements on all aircraft types; the impact of such seating arrangements on aircraft capacity and the cost of operations and airfare; and any other information determined appropriate by the Transportation Research Board. Not later than 1 year after the initiation of the study in paragraph (2), the Secretary 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, and make publicly available, the strategic plan developed under paragraph (1), the results of the study conducted under paragraph (2), and any recommendations the Transportation Research Board determines appropriate. In this section: The term air carrier has the meaning given such term in section 40102 of title 49, United States Code. The terms disability and qualified individual with a disability have the meanings given such terms in section 382.3 of title 14, Code of Federal Regulations (as in effect on date of enactment of this Act). The term wheelchair has the meaning given such term in section 37.3 of title 49, Code of Federal Regulations (as in effect on date of enactment of this Act), including power wheelchairs, manual wheelchairs, and scooters.