What This Bill Does
This bill requires the Secretary of Transportation to create and publish an annual report about complaints from passengers with disabilities who fly on airplanes. The report must detail what problems these passengers experienced and how quickly the Department of Transportation handled their complaints.
Who It Affects
- The Secretary of Transportation
- Passengers with disabilities who fly on commercial airlines
- Air carriers (airlines)
- The Senate Committee on Commerce, Science, and Transportation
- The House Committee on Transportation and Infrastructure
- The Department of Justice
- The Federal Aviation Administration
- The Transportation Security Administration
Key Provisions
- The Secretary of Transportation must submit the first report no later than one year after the bill becomes law, then submit reports every year after that (Sec. 2(a))
- Each annual report must include the number of complaints filed over the five most recent calendar years (Sec. 2(b)(1))
- Each report must describe the types of complaints, including issues with airline staff training, mishandling of passengers, accessibility equipment, in-flight services, communication problems, service animals, and other issues the Secretary determines are appropriate (Sec. 2(b)(2))
- Each report must show how quickly complaints were reviewed and resolved (Sec. 2(b)(4) and (5))
- Each report must identify complaints that violated the Air Carrier Access Act and state how many resulted in formal enforcement orders (Sec. 2(b)(6))
- The Secretary must make each report publicly available (Sec. 2(a))
What Changes
If this becomes law, the Department of Transportation will be required to systematically track and publicly report information about disability-related airline complaints that it did not necessarily compile or release in this organized way before.
Important Definitions
"Passengers with a disability" means a qualified individual with a disability as defined in federal aviation regulations (Sec. 2(c)(2)).
Effective Date
The first report is due no later than one year after the bill becomes law. Annual reports must continue after that (Sec. 2(a)).
II
118TH CONGRESS
1ST SESSION
S. 400
To require the Secretary of Transportation to annually report on aviation
consumer complaints related to passengers with a disability.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 14, 2023
Ms. DUCKWORTH (for herself and Mrs. FISCHER) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
A BILL
To require the Secretary of Transportation to annually report
on aviation consumer complaints related to passengers
with a disability.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Prioritizing Account-
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ability and Accessibility for Aviation Consumers Act of
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2023’’.
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•S 400 IS
SEC. 2. ANNUAL REPORT OF THE SECRETARY OF TRANS-
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PORTATION ON AVIATION CONSUMER COM-
2
PLAINTS RELATED TO PASSENGERS WITH A
3
DISABILITY.
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(a) ANNUAL REPORT.—Not later than 1 year after
5
the date of enactment of this Act, and annually thereafter,
6
the Secretary of Transportation shall submit a report on
7
aviation consumer complaints related to passengers with
8
a disability filed with the Department of Transportation
9
to the Committee on Commerce, Science, and Transpor-
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tation of the Senate and the Committee on Transportation
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and Infrastructure of the House of Representatives, and
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shall make each report publicly available.
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(b) REPORT.—Each report submitted under sub-
14
section (a) shall include, but not be limited to, the fol-
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lowing:
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(1) The number of aviation consumer com-
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plaints related to passengers with a disability filed
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with the Department of Transportation during the 5
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most recent calendar years.
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(2) The nature of such complaints, such as re-
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ported issues with—
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(A) an air carrier, including an air car-
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rier’s staff training or lack thereof;
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(B) mishandling of passengers with a dis-
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ability or their accessibility equipment;
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•S 400 IS
(C) the condition or lack of accessibility
1
equipment or materials;
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(D) the accessibility of in-flight services,
3
including accessing and utilizing on-board lava-
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tories, for passengers with a disability;
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(E) difficulties experienced by passengers
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with a disability in communicating with an air
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carrier or staff of an air carrier;
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(F) difficulties experienced by passengers
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with a disability in being moved, handled, or
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having their schedule changed without consent;
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(G) issues experienced by passengers with
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a disability traveling with a service animal; and
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(H) such other issues as the Secretary of
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Transportation deems appropriate.
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(3) An overview of the review process for such
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complaints received during such period.
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(4) How quickly review for each such complaint
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was initiated.
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(5) How quickly each such complaint was re-
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solved or otherwise addressed.
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(6) Of the complaints that were found to violate
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section 41705 of title 49, United States Code (com-
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monly known as the ‘‘Air Carrier Access Act of
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1986’’)—
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•S 400 IS
(A) the number of such complaints for
1
which a formal enforcement order was issued;
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and
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(B) the number of such complaints for
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which a formal enforcement order was not
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issued.
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(7) How many aviation consumer complaints re-
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lated to passengers with a disability were referred to
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the Department of Justice for an enforcement action
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under—
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(A) section 504 of the Rehabilitation Act
11
of 1973 (29 U.S.C. 794);
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(B) the Americans with Disabilities Act of
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1990 (42 U.S.C. 12101 et seq.); or
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(C) any other provision of law.
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(8) How many aviation consumer complaints re-
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lated to passengers with a disability filed with the
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Department of Transportation that involved airport
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staff, or other matters under the jurisdiction of the
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Federal Aviation Administration, were referred to
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the Federal Aviation Administration.
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(9) How many aviation consumer complaints re-
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lated to passengers with a disability filed with the
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Department of Transportation that involved Trans-
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portation Security Administration staff, or other
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•S 400 IS
matters under the jurisdiction of the Transportation
1
Security Administration, were referred to the Trans-
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portation Security Administration or the Depart-
3
ment of Homeland Security.
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(c) DEFINITIONS.—
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(1) IN GENERAL.—The definitions set forth in
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section 40102 of title 49, United States Code, and
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section 382.3 of title 14, Code of Federal Regula-
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tions, apply to any term defined in such sections
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that is used in this section.
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(2) PASSENGERS
WITH
A
DISABILITY
DE-
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FINED.—In this section, the term ‘‘passengers with
12
a disability’’ has the meaning given the term ‘‘quali-
13
fied individual with a disability’’ in section 382.3 of
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title 14, Code of Federal Regulations.
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(d) AUTHORIZATION OF APPROPRIATIONS.—There is
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authorized to be appropriated such sums as are necessary
17
to carry out this section.
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Æ
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