Sec. 739. Equal Accessibility to Passenger Portals Act
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Not later than 6 months after the date of enactment of this section, the Secretary shall issue a notice of proposed rulemaking to ensure that customer-focused websites, applications, and information communication technologies (including those used to notify any individual with a disability of changes to flight information (such as delays, gate changes, or boarding announcements), passenger safety information, or in-flight services and updates) of an air carrier, foreign air carrier, or airport are accessible.
Not later than 1 year after the date of enactment of this section, the Secretary shall promulgate a final rule for the purposes described in paragraph (1). In any rulemaking under this subsection, the Secretary— shall consider— 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 may consider— additional standards, including those provided in the Web Content Accessibility Guidelines 2.1 Level AA of the Web Accessibility Initiative of the World Wide Web Consortium (or subsequent versions); and the technical capabilities of the information communication technology.
For purposes of this section, the Secretary may consult with the Architectural and Transportation Barriers Compliance Board and any other relevant department or agency to determine appropriate accessibility standards. Not later than 5 years after promulgating the final rule under paragraph (2), and every 5 years thereafter, the Secretary shall review the rules issued under this subsection and update such rules as necessary. Not later than 1 year after the date on which the Secretary promulgates the final rule under subsection (a)(2), and subsequently thereafter as described in paragraph (3), the Secretary shall commence an audit of each customer-focused website, application, or information communication technology of an air carrier, foreign air carrier, or airport for the purpose of informing improvements that ensure any individual with a disability has equal access to travel, in accordance with such final rule.
Such audit shall be limited to a review of the following: The accessibility of any customer-focused website or application of an air carrier, foreign air carrier, or airport. The accessibility of the information communication technology an air carrier, foreign air carrier, or airport uses to— notify any individual with a disability of changes to flight information (such as delays, gate changes, or boarding announcements); or provide services to such individual, such as checking in, printing a boarding pass, or printing a luggage tag.
Other relevant information, as determined by the Secretary in consultation with stakeholders from the disability community, air carriers, foreign air carriers, airports, and other relevant stakeholders. Not later than 9 months before commencing any audit under subparagraph (A), the Secretary shall notify any entity being audited and publish in a prominent place on the website of the Department of Transportation and in an accessible manner, information regarding such audit, including— a notice of the audit; the standards that the customer-focused website, application, or information communication technology of an air carrier, foreign air carrier, or airport must meet; and the potential civil penalties that may be assessed for noncompliance with such standards.
The Secretary may— award a grant or enter into a contract or cooperative agreement in order to carry out the audits required under paragraph (1); and require any air carrier, foreign air carrier, or airport audited under this section to provide to the Secretary such information as the Secretary requires to carry out any such audit. For purposes of paragraph (1), after the initial audit described in such paragraph, the Secretary shall conduct subsequent audits every 3 years thereafter with respect to large air carriers, large hub airports, and medium hub airports.
For purposes of paragraph (1), after the initial audit described in such paragraph, the Secretary shall conduct subsequent audits every 5 years thereafter with respect to small air carriers. Not later than 1 year after commencing any audit under subsection (b), the Secretary shall submit to the appropriate committees of Congress a publicly-available report containing the following: The number of air carriers, foreign air carriers, and airports audited during the reporting period.
The number of violations per type of operator (air carrier, foreign air carrier, and airport) during the reporting period. An analysis of the number and type of violations (such as lack of captions, audio descriptions, image descriptions), with such types being at the discretion of the Secretary. Recommendations for such legislation and administrative action as the Secretary determines appropriate. Upon completing an audit conducted under subsection (b), the Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier, foreign air carrier, or airport that utilizes a customer-focused website, application, or information communication technology that is not accessible, as determined by the Secretary.
In this section: The term air carrier has the meaning given that term in section 40102 of title 49, United States Code. The term airport has the meaning given that term in section 40102 of title 49, United States Code. The term application means software that is designed to run on a device, including a smartphone, tablet, self-service kiosk, wearable technology item, or laptop or desktop computer, or another device, including a device developed after the date of enactment of this section, and that is designed to perform, or to help the user perform, a specific task.
The term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code. The term individual with a disability has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations. The term information communication technology — means any equipment, system, technology, or process for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of relevant electronic data and information, as well as any associated content; and includes a computer and peripheral equipment, an information kiosk or transaction machine, telecommunications equipment, customer premises equipment, a multifunction office machine, software, a video, or an electronic document.
The term large air carrier means an air carrier or foreign air carrier operating under part 121 of title 14, Code of Federal Regulations, that operates an aircraft with 125 passenger seats or more. The term large hub airport has the meaning given that term in section 40102 of title 49, United States Code. The term medium hub airport has the meaning given that term in section 40102 of title 49, United States Code. The term small air carrier means an air carrier or foreign air carrier operating under part 121 of title 14, Code of Federal Regulations, that operates an aircraft with less than 125 passenger seats.
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Sec. 739
Equal Accessibility to Passenger Portals Act
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