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Full Text of this Amendment

SA 4643. Mrs. FEINSTEIN submitted an amendment intended to be proposed by her to the bill H.R. 2881, to amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2008 through 2011, to improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
SEC. __. PROHIBITIONS AGAINST VOICE COMMUNICATIONS USING MOBILE COMMUNICATIONS DEVICES ON SCHEDULED FLIGHTS.
(a) In General.--Subchapter I of chapter 417, as amended by section 714 of this Act, is further amended by adding at the end the following:``§41725. Prohibitions against voice communications using mobile communications devices on scheduled flights

``(a) Interstate and Intrastate Air Transportation.--

``(1) IN GENERAL.--Except as provided in paragraph (2), 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.--Except as provided in paragraph (2), 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 such paragraph 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:
``(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.--The term `voice communications using a mobile communications device'--
``(A) 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; and
``(B) does not include voice communications using a phone installed on an aircraft.
``(d) Safety Regulations.--This section may 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 subchapter I of chapter 417, as amended by section 714, is further amended by adding at the end the following:

``Sec..41725..Prohibitions against voice communications using mobile communications devices on scheduled flights.''.


(As printed in the Congressional Record for the Senate on May 1, 2008.)