49 U.S.C. § 41728: Airline passengers with disabilities bill of rights

The Secretary of Transportation shall develop a document, to be known as the “Airline Passengers with Disabilities Bill of Rights”, using plain language to describe the basic protections and responsibilities of covered air carriers, 1 their employees and contractors, and people with disabilities under section 41705. 1 See Definition note below. The right of passengers with disabilities to be treated with dignity and respect. The right of passengers with disabilities to receive timely assistance, if requested, from properly trained covered air carrier and contractor personnel. The right of passengers with disabilities to travel with wheelchairs, mobility aids, and other assistive devices, including necessary medications and medical supplies, including stowage of such wheelchairs, aids, and devices. The right of passengers with disabilities to receive seating accommodations, if requested, to accommodate a disability. The right of passengers with disabilities to receive announcements in an accessible format. The right of passengers with disabilities to speak with a complaint resolution officer or to file a complaint with a covered air carrier or the Department of Transportation. The development of the Airline Passengers with Disabilities Bill of Rights under subsections (a) and (b) shall not be construed as expanding or restricting the rights available to passengers with disabilities on the day before the date of enactment of the FAA Reauthorization Act of 2018 pursuant to any statute or regulation. In developing the Airline Passengers with Disabilities Bill of Rights under subsection (a), the Secretary of Transportation shall consult with stakeholders, including disability organizations and covered air carriers and their contractors. on a publicly available internet website of the covered air carrier; and in any pre-flight notifications or communications provided to passengers who alert the covered air carrier in advance of the need for accommodations relating to a disability. Covered air carriers and contractors of covered air carriers shall submit to the Secretary of Transportation plans that ensure that employees of covered air carriers and their contractors receive training on the protections and responsibilities described in the Airline Passengers with Disabilities Bill of Rights. The Secretary shall review such plans to ensure the plans address the matters described in subsection (b). Not later than 6 months after the date of enactment of this Act [ May 16, 2024 ], the Secretary [of Transportation] shall issue a notice of proposed rulemaking to develop requirements for minimum training standards for airline personnel or contractors who assist wheelchair users who board or deplane using an aisle chair or other boarding device. how to safely use the aisle chair, or other boarding device, including the use of all straps, brakes, and other safety features; how to assist in the transfer of passengers to and from their wheelchair, the aisle chair, and the aircraft’s passenger seat, either by physically lifting the passenger or deploying a mechanical device for the lift or transfer; and how to effectively communicate with, and take instruction from, the passenger; are trained regarding the availability of accessible lavatories and on-board wheelchairs and the right of a qualified individual with a disability to request an on-board wheelchair; and complete refresher training within 18 months of an initial training and be recertified on the job every 18 months thereafter by a relevant superior in order to remain qualified for providing aisle chair assistance. whether to require air carriers and foreign air carriers to partner with national disability organizations and disabled veterans organizations representing individuals with disabilities who use wheelchairs and scooters in developing, administering, and auditing training; whether to require air carriers and foreign air carriers to use a lift device, instead of an aisle chair, to board and deplane passengers with mobility disabilities; and whether individuals able to provide boarding and deplaning assistance for passengers with limited or no mobility should receive training incorporating procedures from medical professionals on how to properly lift these passengers. Not later than 12 months after the date of enactment of this Act, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section. The Secretary may assess a civil penalty in accordance with section 46301 of title 49 , United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).” Not later than 6 months after the date of enactment of this Act [ May 16, 2024 ], the Secretary [of Transportation] shall issue a notice of proposed rulemaking to develop minimum training standards related to stowage of wheelchairs and scooters used by passengers with disabilities on aircraft. how to properly handle and configure, at a minimum, the most commonly used power and manual wheelchairs and scooters for stowage on each aircraft type operated by the air carrier or foreign air carrier; how to properly review any wheelchair or scooter information provided by the passenger or the wheelchair or scooter manufacturer; and how to properly load, secure, and unload wheelchairs and scooters, including how to use any specialized equipment for loading or unloading, on each aircraft type operated by the air carrier or foreign air carrier; and complete refresher training within 18 months of an initial training and be recertified on the job every 18 months thereafter by a relevant superior in order to remain qualified for handling and stowing wheelchairs and scooters. In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum, whether to require air carriers and foreign air carriers to partner with wheelchair or scooter manufacturers, national disability and disabled veterans organizations representing individuals who use wheelchairs and scooters, and aircraft manufacturers, in developing, administering, and auditing training. Not later than 12 months after the date of enactment of this Act, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section. The Secretary may assess a civil penalty in accordance with section 46301 of title 49 , United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).” Not later than 2 years after the date of enactment of this Act [ May 16, 2024 ], the Secretary [of Transportation] shall require air carriers to publish in 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. 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. 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. Upon completion of each annual report required under subsection (c), the Secretary shall transmit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] such report. establish a program of research, in collaboration with the Rehabilitation Engineering and Assistive Technology Society of North America, 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 [Federal Aviation Administration] crashworthiness and safety performance criteria, including the issues and considerations set forth in such Special Report 341; and 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. 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) and any recommendations the Secretary determines appropriate. 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 [ May 16, 2024 ]). 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), and includes power wheelchairs, manual wheelchairs, and scooters.” Not later than 1 year after the date of enactment of this Act [ May 16, 2024 ], and annually thereafter, the Secretary [of Transportation] shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives], and make publicly available, a report on aviation consumer complaints related to passengers with a disability filed with the Department of Transportation. The number of aviation consumer complaints reported to the Secretary related to passengers with a disability filed with the Department of Transportation during the calendar year preceding the year in which such report is submitted. an air carrier, including an air carrier’s staff training or lack thereof; mishandling of passengers with a disability or their accessibility equipment, including mobility aids and wheelchairs; the condition, availability, or lack of accessibility of equipment operated by an air carrier or a contractor of an air carrier; the accessibility of in-flight services, including accessing and using on-board lavatories, for passengers with a disability; difficulties experienced by passengers with a disability in communicating with air carrier personnel; difficulties experienced by passengers with a disability in being moved, handled, or otherwise assisted; an air carrier changing the flight itinerary of a passenger with a disability without the consent of such passenger; issues experienced by passengers with a disability traveling with a service animal; and such other issues as the Secretary determines appropriate. An overview of the review process for such complaints received during such calendar year. The median length of time for how quickly review of such complaints was initiated by the Secretary. The median length of time for how quickly such complaints were resolved or otherwise addressed. the number of such complaints for which a formal enforcement order was issued; and the number of such complaints for which a formal enforcement order was not issued. section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); or any other provision of law. How many aviation consumer complaints related to passengers with a disability filed with the Department of Transportation that involved airport staff (or other matters under the jurisdiction of the FAA [Federal Aviation Administration]) were referred to the FAA. The number of disability-related aviation consumer complaints filed with the Department of Transportation involving Transportation Security Administration staff that were referred to the Transportation Security Administration or the Department of Homeland Security. Except as provided in paragraph (2), the definitions set forth in section 40102 of title 49 , United States Code, and section 382.3 of title 14, Code of Federal Regulations, apply to this section. The term ‘air carrier’ means an air carrier conducting passenger operations under part 121 of title 14, Code of Federal Regulations. In this section, the term ‘passengers with a disability’ has the meaning given the term ‘qualified individual with a disability’ in section 382.3 of title 14, Code of Federal Regulations.” Not later than 180 days after the date of enactment of this Act [ May 16, 2024 ], the Secretary [of Transportation] shall issue an advanced notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability. Not later than 18 months after the date on which the advanced notice of proposed rulemaking under paragraph (1) is completed, the Secretary shall issue a notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability. Not later than 30 months after the date on which the notice of proposed rulemaking under subparagraph (B) [probably should be “paragraph (2)”] is completed, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this subsection. 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, appropriate seating accommodations. 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 animals for purposes 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. be optional for a service animal accompanying a qualified individual with a disability; provide for assistance for applicants, including over-the-phone assistance, throughout the application process for the program; and 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 (or any successor regulations). disability organizations, including advocacy and nonprofit organizations that represent or provide services to individuals with disabilities; 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. be a qualified individual with a disability; require the assistance 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 subsection. 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 establishment of the pilot program under this subsection, and annually thereafter until the date described in paragraph (8), the Secretary shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] and make publicly available report on the progress of the pilot program. The pilot program shall terminate on the date that is 5 years after the date of enactment of this Act. accredited programs that train service animals; and authorized registrars that evaluate service animals. during the reporting period, how many requests to board an aircraft with a service animal were made in total, and how many requests were made by qualified individuals with disabilities; and granted; denied but not fraudulent; or denied as fraudulent. Not later than 180 days after the date of enactment of this section [ May 16, 2024 ], 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. take into account respectful engagement with and assistance for individuals with a wide range of visible and nonvisible disabilities; 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. 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 2 years after the date of enactment of this Act [ May 16, 2024 ], the Secretary [of Transportation] shall, in consultation with the United States Architectural and Transportation Barriers Compliance Board, issue regulations setting forth minimum standards to ensure that individuals with disabilities are able to access customer-focused kiosks, software applications, and websites of air carriers, foreign air carriers, and airports, in a manner that is equally as effective, and has a substantially equivalent ease of use, as for individuals without disabilities. The standards set forth under subsection (a) shall be consistent with the standards contained in the Web Content Accessibility Guidelines 2.1 Level AA of the Web Accessibility Initiative of the World Wide Web Consortium or any subsequent version of such Guidelines. The Air Carrier Access Act Advisory Committee shall periodically review, and make appropriate recommendations regarding, the accessibility of websites, kiosks, and information communication technology of air carriers, foreign air carriers, and airports, and make such recommendations publicly available. review the recommendations of the Air Carrier Access Act Advisory Committee regarding the regulations issued under this subsection; and update such regulations as necessary.” Not later than 1 year after the date of enactment of this Act [ May 16, 2024 ], the Secretary [of Transportation] shall issue an advanced notice of proposed rulemaking regarding standards to ensure that the aircraft boarding and deplaning process is accessible, in terms of design for, transportation of, and communication with, individuals with disabilities, including individuals who use wheelchairs. 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 standards addressed in subparagraph (A). 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. boarding and deplaning equipment; improved procedures to ensure the priority cabin stowage for manual assistive devices pursuant to section 382.67 of title 14, Code of Federal Regulations; and improved cargo hold storage to prevent damage to assistive devices. For purposes of the rulemaking under this subsection, the Secretary shall consult with the Access Board and any other relevant department or agency to determine appropriate accessibility standards. Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue a notice of proposed rulemaking in accordance with the November 22, 2016 , resolution of the Department of Transportation ACCESS Committee and the consensus recommendation set forth in the Term Sheet Reflecting Agreement of the Access [probably should be “ACCESS”] Committee Regarding In-Flight Entertainment. Not later than 1 year after completion of the report required by section 544(e)(2) [probably should be “section 544(e)(3)” of Pub. L. 118–63 , set out above], and if such report finds economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate individuals with disabilities using wheelchairs (including power wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight, the Secretary shall conduct a negotiated rulemaking on new type certificated aircraft standards for seating arrangements that accommodate such individuals in the main cabin during flight or an accessible route to a minimum of 2 aircraft passenger seats for passengers to access from personal assistive devices of such individuals. air carriers; aircraft manufacturers; national disability organizations; aviation safety experts; and mobility aid manufacturers. Not later than 1 year after the completion of the negotiated rulemaking required under paragraph (1), the Secretary shall issue a notice of proposed rulemaking regarding the standards described in paragraph (1). Not later than 1 year after the date on which the notice of proposed rulemaking under paragraph (2) is completed, the Secretary shall issue a final rule regarding the standards described in paragraph (1). a reasonable period for the design, certification, and construction of aircraft that meet the requirements; the safety of all persons on-board the aircraft, including necessary wheelchair standards and wheelchair compliance with FAA [Federal Aviation Administration] crashworthiness and safety performance criteria; and the costs of design, installation, equipage, and aircraft capacity impacts, including partial fleet equipage and fare impacts. The Advisory Committee established under section 439 of the FAA Reauthorization Act of 2018 [ Pub. L. 115–254 ] ( 49 U.S.C. 41705 note) shall examine technical solutions and the feasibility of visually and tactilely accessible announcements on-board aircraft. Not later than 2 years after the date of enactment of this Act, the Secretary shall, in direct consultation with the Access Board, prescribe regulations setting forth minimum standards under section 41705 of title 49 , United States Code, that ensure all gates (including counters), ticketing areas, and customer service desks covered under such section at airports are accessible to and usable by all individuals with disabilities, including through the provision of visually and tactilely accessible announcements and full and equal access to aural communications. The term ‘Access Board’ means the Architectural and Transportation Barriers Compliance Board. The term ‘air carrier’ has the meaning given such term in section 40102 of title 49 , United States Code. The term ‘individual with a disability’ has the meaning given such term in section 382.3 of title 14, Code of Federal Regulations. The term ‘foreign air carrier’ has the meaning given such term in section 40102 of title 49 , United States Code.” If an individual informs an air carrier or foreign air carrier at the time of booking a ticket for air transportation on a covered aircraft that the individual requires the use of any wheelchair, the air carrier or foreign air carrier shall provide information regarding the provision and use of on-board wheelchairs, including the rights and responsibilities of the air carrier and passenger as such rights and responsibilities relate to the provision and use of on-board wheelchairs. that an air carrier or foreign air carrier is required to equip aircraft that have more than 60 passenger seats and that have an accessible lavatory (whether or not having such a lavatory is required by section 382.63 of title 14, Code of Federal Regulations) with an on-board wheelchair, unless an exception described in such section 382.65 [probably means section 382.65 of such title] applies; that a qualified individual with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations (as in effect on date of enactment of this Act [ May 16, 2024 ])) may request an on-board wheelchair on aircraft with more than 60 passenger seats even if the lavatory is not accessible and that the basis of such request must be that the individual can use an inaccessible lavatory but cannot reach it from a seat without using an on-board wheelchair; that the air carrier or foreign air carrier may require the qualified individual with a disability to provide the advance notice specified in section 382.27 of title 14, Code of Federal Regulations, in order for the individual to be provided with the on-board wheelchair; and if the air carrier or foreign air carrier requires the advance notice described in paragraph (3), information on how such a qualified individual with a disability can make such a request. The definitions contained in section 40102 of title 49 , United States Code, apply to this section. The term ‘covered aircraft’ means an aircraft that is required to be equipped with on-board wheelchairs in accordance with section 382.65 of title 14, Code of Federal Regulations.”