Sec. 738. Access and Dignity for All People who Travel Act
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This section may be cited as the . Access and Dignity for All People Who Travel Act of 2023 In this section: The term air carrier has the meaning given that term in section 40102 of title 49, United States Code. The term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code. The term qualified individual with a disability has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations. The term service animal has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations.
Not later than 180 days after the date of enactment of this section, the Secretary shall issue an advanced notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability. Not later than 1 year after the date on which the advanced notice of proposed rulemaking under subparagraph
(A)is completed, the Secretary shall issue a notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability. Not later than 1 year after the date on which the notice of proposed rulemaking under subparagraph
(B)is completed, the Secretary shall issue a final rule regarding seating accommodations for any qualified individual with a disability. In carrying out any rulemaking under paragraph (1), the Secretary shall consider the following: The scope and anticipated number of qualified individuals with a disability who— may need to be seated with a companion to receive assistance during a flight; or should be afforded bulkhead seats or other seating considerations. The types of disabilities that may need seating accommodations. Whether such qualified individuals with a disability are unable to obtain, or have difficulty obtaining, such a seat. The scope and anticipated number of individuals assisting a qualified individual with a disability who should be afforded an adjoining seat pursuant to section 382.81 of title 14, Code of Federal Regulations. Any notification given to qualified individuals with a disability regarding available seating accommodations. Any method that is adequate to identify fraudulent claims for seating accommodations. Any other information determined appropriate by the Secretary. The Secretary shall establish a pilot program to allow approved program participants as known service animal users for the purpose of exemption from the documentation requirements under part 382 of title 14, Code of Federal Regulations, with respect to air travel with a service animal. The pilot program established under clause
(i)shall— be optional; provide to applicants assistance, including over-the-phone assistance, throughout the application process for the program; with respect to any web-based components of the pilot program, meet or exceed the standards described in section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ) and the regulations implementing that Act as set forth in part 1194 of title 36, Code of Federal Regulations; and exempt participants of the pilot program from any documentation requirements under part 382 of title 14, Code of Federal Regulations. In establishing the pilot program under subparagraph (A), the Secretary shall consult with— disability advocacy entities, including nonprofit organizations focused on ensuring that individuals with disabilities are able to live and participate in their communities; air carriers and foreign air carriers; accredited service animal training programs and authorized registrars, such as the International Guide Dog Federation, Assistance Dogs International, and other similar organizations and foreign and domestic governmental registrars of service animals; other relevant departments or agencies of the Federal Government; and other entities determined to be appropriate by the Secretary. To be eligible to participate in the pilot program under this paragraph, an individual shall— be a qualified individual with a disability; require the use of a service animal because of a disability; and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The Secretary may award a grant or enter into a contract or cooperative agreement in order to carry out this paragraph. The Secretary may require an applicant to pay a nominal fee (not to exceed $25) to participate in the pilot program. 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 report describing the implementation plan for the pilot program under this paragraph. Not later than 1 year after the establishment of the pilot program under this paragraph, and annually thereafter until the date described in subparagraph (G), the Secretary shall submit to the appropriate committees of Congress a publicly available report on the progress of the pilot program. Not later than 5 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a publicly available final report that includes recommendations for the establishment and implementation of a permanent known service animal user travel program for the Federal Government. The pilot program shall terminate on the date that is 5 years after the date of enactment of this section. Not later than 6 months after the date of enactment of this section, the Secretary shall publish on the website of the Department of Transportation and maintain a list of— accredited programs that train service animals; and authorized registrars that evaluate service animals. Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit to the appropriate committees of Congress a report on requests for air travel with service animals, including— during the reporting period, how many requests to board an aircraft with a service animal were made; and the number and percentage of such requests, categorized by type of request, that were reported by air carriers or foreign air carriers as— granted; denied; or fraudulent. Not later than 180 days after the date of enactment of this section, the Secretary shall, in consultation with the Air Carrier Access Act Advisory Committee, issue guidance regarding improvements to training for airline personnel (including contractors) in recognizing when a qualified individual with a disability is traveling with a service animal. The guidance issued under paragraph
(1)shall— take into account respectful engagement with and assistance for individuals with a wide range of visible and non-visible disabilities; provide information on— service animal behavior and whether the service animal is appropriately harnessed, leashed, or otherwise tethered; and the various types of service animals, such as guide dogs, hearing or signal dogs, psychiatric service dogs, sensory or social signal dogs, and seizure response dogs; and outline the rights and responsibilities of the handler of the service animal.
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Sec. 738
Access and Dignity for All People who Travel Act
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