I 
118TH CONGRESS 
1ST SESSION H. R. 1772 
To amend title 49, United States Code, to prevent discrimination against 
airline passengers with disabilities who use lithium-ion-powered wheel-
chairs and mobility aids that are safe for air travel, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 23, 2023 
Ms. TITUS (for herself and Mr. STANTON) introduced the following bill; which 
was referred to the Committee on Transportation and Infrastructure 
A BILL 
To amend title 49, United States Code, to prevent discrimi-
nation against airline passengers with disabilities who 
use lithium-ion-powered wheelchairs and mobility aids 
that are safe for air travel, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Working to Help En-
sure Equity for Lithium-ion-powered Chairs on Airplanes 
Act’’ or the ‘‘WHEELChairs on Airplanes Act’’. 
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SEC. 2. FINDINGS; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) In 1986, President Ronald Reagan signed 
the Air Carrier Access Act of 1986 (Public Law 99– 
435; 100 Stat. 1080), adding a provision now codi-
fied in section 41705 of title 49, United States 
Code, prohibiting disability-based discrimination in 
air transportation. 
(2) Despite this effort, individuals with disabil-
ities continue to experience significant barriers to 
and with traveling in air transportation. 
(3) The Department of Transportation’s Airline 
Passengers with Disabilities Bill of Rights specifies 
that ‘‘airlines must accept a battery powered wheel-
chair, if it fits in the cargo compartment and can be 
transported consistent with safety and security re-
quirements’’. 
(4) Wheelchairs and other mobility aids pow-
ered by lithium-ion batteries are growing in preva-
lence, as lithium-ion batteries are light-weight and 
can extend a device’s range between charges. 
(5) Airline passengers with disabilities who 
travel with lithium-ion-powered wheelchairs or mobil-
ity aids have been arbitrarily and erroneously denied 
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boarding despite presenting documentation that 
their devices meet all applicable safety standards. 
(6) As the popularity of lithium-ion-powered 
wheelchairs and mobility aids continues to increase, 
so will the frequency of instances when airline pas-
sengers with disabilities are erroneously and arbi-
trarily denied boarding. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that an air carrier or foreign air carrier that denies 
an airline passenger with a disability who use a lithium- 
ion-powered wheelchair or mobility aid that meets all ap-
plicable safety standards for air travel should be consid-
ered to have violated such passenger’s rights under section 
41705 of title 49, United States Code, and therefore, all 
air carriers and foreign air carriers must maintain clear 
policies pertaining to lithium-ion battery-powered wheel-
chairs and mobility aids that are no more restrictive than 
all applicable safety standards. 
SEC. 3. ANNUAL SURVEY OF AIR CARRIER AND FOREIGN 
AIR CARRIER LITHIUM-ION BATTERY POLI-
CIES 
FOR 
WHEELCHAIRS 
AND 
MOBILITY 
AIDS. 
(a) IN GENERAL.—Subchapter I of chapter 417 of 
title 49, United States Code, is amended by adding at the 
end the following: 
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‘‘§ 41727. Requirements for air carrier and foreign air 
carrier lithium-ion battery policies for 
wheelchairs and mobility aids 
‘‘(a) SURVEY REQUIRED.—Not later than 1 year 
after the date of enactment of the WHEELChairs on Air-
planes Act, and annually thereafter, the Administrator of 
the Federal Aviation Administration shall conduct a sur-
vey on all air carriers and foreign air carriers to— 
‘‘(1) compile the policies regarding lithium-ion 
battery-powered wheelchairs and mobility aids of 
each air carrier and foreign air carrier; and 
‘‘(2) determine whether any of the policies de-
scribed in paragraph (1) are more restrictive than 
applicable standards in section 175.10 of title 49, 
Code of Federal Regulations. 
‘‘(b) REPORT AND PUBLICATION.—Upon completion 
of each survey required under subsection (a), the Adminis-
trator shall— 
‘‘(1) submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Commerce, Science, 
and Transportation of the Senate a report con-
taining such survey; and 
‘‘(2) publish on the website of the Department 
of Transportation in an accessible format the infor-
mation collected under subsection (a). 
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‘‘(c) NONCOMPLIANT POLICIES.—An air carrier or 
foreign air carrier is considered to have a noncompliant 
policy if the Administrator determines, as part of the sur-
vey conducted under subsection (a), that such air carrier 
or foreign air carrier— 
‘‘(1) does not have a policy for lithium-ion-pow-
ered wheelchairs or mobility aids in effect; or 
‘‘(2) has a policy for lithium-ion-powered wheel-
chairs or mobility aids in effect that is more restric-
tive than standards in section 175.10 of title 49, 
Code of Federal Regulations. 
‘‘(d) NOTIFICATION; UPDATES.—For any noncompli-
ant policy under subsection (c), the Administrator— 
‘‘(1) shall notify the air carrier or foreign air 
carrier of the noncompliant status of the policy; 
‘‘(2) shall require such air carrier or foreign air 
carrier to update any such policy before the date 
that is 180 days after the receipt of a notification 
under paragraph (1); and 
‘‘(3) shall assess a civil penalty under section 
46301 for any policy of the air carrier or foreign air 
carrier that remains noncompliant beginning on such 
date. 
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‘‘(e) REPORT ON COMPLIANT POLICY.—An air car-
rier or foreign air carrier that is required to update a non-
compliant policy under subsection (d)(2) shall— 
‘‘(1) update such policy; and 
‘‘(2) submit to the Administrator a report upon 
completion of the update that contains the updated 
policy.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
46301(d)(2) of title 49, United States Code, is amended 
by inserting ‘‘section 41727,’’ before ‘‘chapter 441’’. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 417 of title 49, United States Code, is amended by 
inserting after the item relating to section 41726 the fol-
lowing: 
‘‘41727. Requirements for air carrier and foreign air carrier lithium-ion battery 
policies for wheelchairs and mobility aids.’’. 
Æ 
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