[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5788 Reported in House (RH)]






                                                 Union Calendar No. 580
110th CONGRESS
  2d Session
                                H. R. 5788

                          [Report No. 110-900]

   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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Halting Airplane Noise to 
Give Us Peace Act of 2008''.</DELETED>

<DELETED>SEC. 2. PROHIBITIONS AGAINST VOICE COMMUNICATIONS USING MOBILE 
              COMMUNICATIONS DEVICES ON SCHEDULED FLIGHTS.</DELETED>

<DELETED>    (a) In General.--Subchapter I of chapter 417 of title 49, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>``Sec. 41724. Prohibitions against voice communications using 
              mobile communications devices on scheduled 
              flights</DELETED>
<DELETED>    ``(a) Interstate and Intrastate Air Transportation.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Flight crew and flight attendants.--The 
        prohibition described in paragraph (1) shall not apply to a 
        member of the flight crew or flight attendants on an 
        aircraft.</DELETED>
<DELETED>    ``(b) Foreign Air Transportation.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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 
        shall waive the application of paragraph (1) to a foreign air 
        carrier licensed by that foreign government at 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.</DELETED>
<DELETED>    ``(c) Definitions.--In this section, the following 
definitions apply:</DELETED>
        <DELETED>    ``(1) Flight.--The term `flight' means the period 
        beginning when an aircraft takes off and ending when an 
        aircraft lands.</DELETED>
        <DELETED>    ``(2) Voice communications using a mobile 
        communications device.--</DELETED>
                <DELETED>    ``(A) Inclusions.--The term `voice 
                communications using a mobile communications device' 
                includes voice communications using--</DELETED>
                        <DELETED>    ``(i) a commercial mobile radio 
                        service or other wireless communications 
                        device;</DELETED>
                        <DELETED>    ``(ii) a broadband wireless device 
                        or other wireless device that transmits data 
                        packets using the Internet Protocol or 
                        comparable technical standard; or</DELETED>
                        <DELETED>    ``(iii) a device having voice 
                        override capability.</DELETED>
                <DELETED>    ``(B) Exclusion.--Such term does not 
                include voice communications using a phone installed on 
                an aircraft.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Regulations.--The Secretary shall prescribe such 
regulations as are necessary to carry out this section.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The analysis for such subchapter 
is amended by adding at the end the following:</DELETED>

<DELETED>``Sec. 41724. Prohibitions against voice communications using 
                            mobile communications devices on scheduled 
                            flights.''.

</DELETED>SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Halting Airplane Noise to Give Us 
Peace Act of 2008''.

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) 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 may waive the 
        application of paragraph (1) to a foreign air carrier licensed 
        by that foreign government until 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' 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' 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:

``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