HR 5788
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
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.
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) 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.
`(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 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.
`(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:
`Sec. 41724. Prohibitions against voice communications using mobile communications
devices on scheduled flights.'.
END
