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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prioritizing Account5 ability and Accessibility for Aviation Consumers Act of 

6 2023’’. 


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1 SEC. 2. ANNUAL REPORT OF THE SECRETARY OF TRANS2 PORTATION ON AVIATION CONSUMER COM3 PLAINTS RELATED TO PASSENGERS WITH A 

4 DISABILITY. 

5 (a) ANNUAL REPORT.—Not later than 1 year after 

6 the date of enactment of this Act, and annually thereafter, 

7 the Secretary of Transportation shall submit a report on 

8 aviation consumer complaints related to passengers with 

9 a disability filed with the Department of Transportation 

10 to the Committee on Commerce, Science, and Transpor11 tation of the Senate and the Committee on Transportation 

12 and Infrastructure of the House of Representatives, and 

13 shall make each report publicly available. 

14 (b) REPORT.—Each report submitted under sub15 section (a) shall include, but not be limited to, the fol16 lowing: 

17 (1) The number of aviation consumer com18 plaints related to passengers with a disability filed 

19 with the Department of Transportation during the 5 

20 most recent calendar years. 

21 (2) The nature of such complaints, such as re22 ported issues with— 

23 (A) an air carrier, including an air car24 rier’s staff training or lack thereof; 

25 (B) mishandling of passengers with a dis26 ability or their accessibility equipment; 


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1 (C) the condition or lack of accessibility 

2 equipment or materials; 

3 (D) the accessibility of in-flight services, 

4 including accessing and utilizing on-board lava5 tories, for passengers with a disability; 

6 (E) difficulties experienced by passengers 

7 with a disability in communicating with an air 

8 carrier or staff of an air carrier; 

9 (F) difficulties experienced by passengers 

10 with a disability in being moved, handled, or 

11 having their schedule changed without consent; 

12 (G) issues experienced by passengers with 

13 a disability traveling with a service animal; and 

14 (H) such other issues as the Secretary of 

15 Transportation deems appropriate. 

16 (3) An overview of the review process for such 

17 complaints received during such period. 

18 (4) How quickly review for each such complaint 

19 was initiated. 

20 (5) How quickly each such complaint was re21 solved or otherwise addressed. 

22 (6) Of the complaints that were found to violate 

23 section 41705 of title 49, United States Code (com24 monly known as the ‘‘Air Carrier Access Act of 

25 1986’’)— 


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1 (A) the number of such complaints for 

2 which a formal enforcement order was issued; 

3 and 

4 (B) the number of such complaints for 

5 which a formal enforcement order was not 

6 issued. 

7 (7) How many aviation consumer complaints re8 lated to passengers with a disability were referred to 

9 the Department of Justice for an enforcement action 

10 under— 

11 (A) section 504 of the Rehabilitation Act 

12 of 1973 (29 U.S.C. 794); 

13 (B) the Americans with Disabilities Act of 

14 1990 (42 U.S.C. 12101 et seq.); or 

15 (C) any other provision of law. 

16 (8) How many aviation consumer complaints re17 lated to passengers with a disability filed with the 

18 Department of Transportation that involved airport 

19 staff, or other matters under the jurisdiction of the 

20 Federal Aviation Administration, were referred to 

21 the Federal Aviation Administration. 

22 (9) How many aviation consumer complaints re23 lated to passengers with a disability filed with the 

24 Department of Transportation that involved Trans25 portation Security Administration staff, or other 


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1 matters under the jurisdiction of the Transportation 

2 Security Administration, were referred to the Trans3 portation Security Administration or the Depart4 ment of Homeland Security. 

5 (c) DEFINITIONS.— 

6 (1) IN GENERAL.—The definitions set forth in 

7 section 40102 of title 49, United States Code, and 

8 section 382.3 of title 14, Code of Federal Regula9 tions, apply to any term defined in such sections 

10 that is used in this section. 

11 (2) PASSENGERS WITH A DISABILITY DE12 FINED.—In this section, the term ‘‘passengers with 

13 a disability’’ has the meaning given the term ‘‘quali14 fied individual with a disability’’ in section 382.3 of 

15 title 14, Code of Federal Regulations. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated such sums as are necessary 

18 to carry out this section. 

Æ 


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