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Full Text of this Amendment

SA 11. Mr. LAUTENBERG submitted an amendment intended to be proposed by him to the bill S. 223, to modernize the air traffic control system, improve the safety, reliability, and availability of transportation by air in the United States, provide modernization of the air traffic control system, reauthorize the Federal Aviation Administration, and for other purposes; which was ordered to lie on the table; as follows:

On page 128, between lines 2 and 3, insert the following:
SEC. 408. SMOKING PROHIBITION.
(a) In General.--Section 41706 is amended--
(1) in the section heading by striking "scheduled" and inserting "passenger"; and
(2) by striking subsections (a) and (b) and inserting the following:
"(a) Smoking Prohibition in Intrastate and Interstate Transportation by Aircraft.--An individual may not smoke in an aircraft--
"(1) in scheduled passenger interstate air transportation or scheduled passenger intrastate air transportation; and
"(2) in nonscheduled intrastate or interstate transportation of passengers by aircraft for compensation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator of the Federal Aviation Administration).
"(b) Smoking Prohibition in Foreign Air Transportation.--The Secretary of Transportation shall require all air carriers and foreign air carriers to prohibit smoking in an aircraft--
"(1) in scheduled passenger foreign air transportation; and
"(2) in nonscheduled passenger foreign air transportation, if a flight attendant is a required crewmember on the aircraft (as determined by the Administrator or a foreign government).".
(b) Clerical Amendment.--The analysis for chapter 417 is amended by striking the item relating to section 41706 and inserting the following:

"41706. Prohibitions against smoking on flights.".


(As printed in the Congressional Record for the Senate on Feb 1, 2011.)