HR 5788 IHRH
110th CONGRESS
2d Session
H. R. 5788
To amend title 49, United States Code, to establish prohibitions against voice communications using a mobile communications device on commercial airline flights, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 15, 2008
Mr. DEFAZIO (for himself, Mr. COSTELLO, Mr. PETRI, Mr. DUNCAN, Mr. OBERSTAR, Mr. LIPINSKI, Mr. FILNER, Mr. COHEN, Mr. BOOZMAN, Mr. CAPUANO, and Mr. GEORGE MILLER of California) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
September 28, 2008
Additional sponsors: Ms. MATSUI, Ms. HIRONO, Mrs. MYRICK, Mr. BLUMENAUER, Mr. BAIRD, Mr. UDALL of Colorado, Mr. WAMP, Ms. DEGETTE, Mrs. TAUSCHER, Mr. FARR, Ms. MCCOLLUM of Minnesota, Mr. HINOJOSA, Mr. HILL, and Mr. ROTHMAN
September 28, 2008
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To amend title 49, United States Code, to establish prohibitions against voice communications using a mobile communications device on commercial airline flights, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. PROHIBITIONS AGAINST VOICE COMMUNICATIONS USING MOBILE COMMUNICATIONS DEVICES ON SCHEDULED FLIGHTS.
(a) In General- Subchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following:
`‘Sec. 41724. Prohibitions against voice communications using mobile communications devices on scheduled flights
`‘(a) Interstate and Intrastate Air Transportation-
`‘(1) IN GENERAL- An individual may not engage in voice communications using a mobile communications device in an aircraft during a flight in scheduled passenger interstate air transportation or scheduled passenger intrastate air transportation.
`(2) FLIGHT CREW AND FLIGHT ATTENDANT‘(2) EXCEPTIONS- The prohibition described in paragraph (1) shall not apply to--
‘(A) a member of the flight crew or flight attendants on an aircraft.`; or
‘(B) a Federal law enforcement officer acting in an official capacity.
‘(b) Foreign Air Transportation-
`‘(1) IN GENERAL- The Secretary of Transportation shall require all air carriers and foreign air carriers to adopt the prohibition described in subsection (a) with respect to the operation of an aircraft in scheduled passenger foreign air transportation.
`‘(2) ALTERNATE PROHIBITION- If a foreign government objects to the application of paragraph (1) on the basis that paragraph (1) provides for an extraterritorial application of the laws of the United States, the Secretary shallmay waive the application of paragraph (1) to a foreign air carrier licensed by that foreign government atuntil such time as an alternative prohibition on voice communications using a mobile communications device during flight is negotiated by the Secretary with such foreign government through bilateral negotiations.
`‘(c) Definitions- In this section, the following definitions apply:
`‘(1) FLIGHT- The term `flight'‘flight’ means the period beginning when an aircraft takes off and ending when an aircraft lands.
`‘(2) VOICE COMMUNICATIONS USING A MOBILE COMMUNICATIONS DEVICE-
`‘(A) INCLUSIONS- The term `voice communications using a mobile communications device'‘voice communications using a mobile communications device’ includes voice communications using--
`‘(i) a commercial mobile radio service or other wireless communications device;
`‘(ii) a broadband wireless device or other wireless device that transmits data packets using the Internet Protocol or comparable technical standard; or
`‘(iii) a device having voice override capability.
`‘(B) EXCLUSION- Such term does not include voice communications using a phone installed on an aircraft.
`‘(d) Safety Regulations- This section shall not be construed to affect the authority of the Secretary to impose limitations on voice communications using a mobile communications device for safety reasons.
`‘(e) Regulations- The Secretary shall prescribe such regulations as are necessary to carry out this section.'’.
(b) Clerical Amendment- The analysis for such subchapter is amended by adding at the end the following:
`Sec. ‘41724. Prohibitions against voice communications using mobile communications devices on scheduled flights.'.’.
Union Calendar No. 580
110th CONGRESS
2d Session
H. R. 5788
[Report No. 110-900]
A BILL
To amend title 49, United States Code, to establish prohibitions against voice communications using a mobile communications device on commercial airline flights, and for other purposes.
September 28, 2008
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
U.S. Congress - Text of H.R.5788 as Reported in House Halting Airplane Noise to Give Us Peace Act of 2008
