Sec. 735. Mobility Aids On Board Improve Lives and Empower All Act
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Not later than 1 year after the date of enactment of this section, the Secretary shall issue an advisory circular that provides guidance to air carriers and foreign air carriers (as defined in section 40102 of title 49, United States Code) on publishing information related to powered wheelchairs on the website of such carrier, including— 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 power 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, information regarding the process for such qualified individual to get a refund of any previously paid fares, fees, and taxes applicable to such flight.
Not later than 18 months after the date of enactment of this section, each air carrier and foreign air carrier shall be required to publish, on a prominent and easily accessible place on the website of the carrier, the information described in the advisory circular issued under paragraph (1). 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 power 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.
Not later than 6 months after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress 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.
Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress 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 FAA 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.
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 power 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.
Not later than 1 year after the date on which the study under paragraph
(2)is completed, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the results of the study conducted under paragraph (2), together with any recommendations the Secretary determines appropriate.