II 118th CONGRESS 1st Session S. 400 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. Short title This Act may be cited as the Prioritizing Accountability and Accessibility for Aviation Consumers Act of 2023 . 2. Annual report of the Secretary of Transportation on aviation consumer complaints related to passengers with a disability (a) Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Transportation shall submit a report on aviation consumer complaints related to passengers with a disability filed with the Department of Transportation to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and shall make each report publicly available. (b) Report Each report submitted under subsection (a) shall include, but not be limited to, the following: (1) The number of aviation consumer complaints related to passengers with a disability filed with the Department of Transportation during the 5 most recent calendar years. (2) The nature of such complaints, such as reported issues with— (A) an air carrier, including an air carrier's staff training or lack thereof; (B) mishandling of passengers with a disability or their accessibility equipment; (C) the condition or lack of accessibility equipment or materials; (D) the accessibility of in-flight services, including accessing and utilizing on-board lavatories, for passengers with a disability; (E) difficulties experienced by passengers with a disability in communicating with an air carrier or staff of an air carrier; (F) difficulties experienced by passengers with a disability in being moved, handled, or having their schedule changed without consent; (G) issues experienced by passengers with a disability traveling with a service animal; and (H) such other issues as the Secretary of Transportation deems appropriate. (3) An overview of the review process for such complaints received during such period. (4) How quickly review for each such complaint was initiated. (5) How quickly each such complaint was resolved or otherwise addressed. (6) Of the complaints that were found to violate section 41705 of title 49, United States Code (commonly known as the Air Carrier Access Act of 1986 )— (A) the number of such complaints for which a formal enforcement order was issued; and (B) the number of such complaints for which a formal enforcement order was not issued. (7) How many aviation consumer complaints related to passengers with a disability were referred to the Department of Justice for an enforcement action under— (A) section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); (B) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ); or (C) any other provision of law. (8) 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 Federal Aviation Administration, were referred to the Federal Aviation Administration. (9) How many aviation consumer complaints related to passengers with a disability filed with the Department of Transportation that involved Transportation Security Administration staff, or other matters under the jurisdiction of the Transportation Security Administration, were referred to the Transportation Security Administration or the Department of Homeland Security. (c) Definitions (1) In general 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 any term defined in such sections that is used in this section. (2) Passengers with a disability defined 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. (d) Authorization of appropriations There is authorized to be appropriated such sums as are necessary to carry out this section.