39–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–466 

PROHIBITING IN-FLIGHT VOICE COMMUNICATIONS ON 

MOBILE WIRELESS DEVICES ACT OF 2013 

MAY 30, 2014.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. SHUSTER, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 3676] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 3676) to establish a prohibition on certain cell phone voice communications during passenger flights, and 

for other purposes, having considered the same, report favorably 

thereon without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose of Legislation ............................................................................................. 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 2 

Legislative History and Consideration .................................................................. 2 

Committee Votes ...................................................................................................... 2 

Committee Oversight Findings ............................................................................... 3 

New Budget Authority and Tax Expenditures ...................................................... 3 

Congressional Budget Office Cost Estimate .......................................................... 3 

Performance Goals and Objectives ......................................................................... 4 

Advisory of Earmarks .............................................................................................. 4 

Duplication of Federal Programs ............................................................................ 4 

Disclosure of Directed Rulemakings ...................................................................... 5 

Federal Mandate Statement ................................................................................... 5 

Preemption Clarification ......................................................................................... 5 

Advisory Committee Statement .............................................................................. 5 

Applicability of Legislative Branch ........................................................................ 5 

Section-by-Section Analysis of Legislation ............................................................ 5 

Changes in Existing Law Made by the Bill, As Reported .................................... 6 


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PURPOSE OF LEGISLATION

H.R. 3676 ‘‘Prohibiting In-Flight Voice Communications on Mobile Wireless Devices Act of 2013,’’ directs the Secretary of Transportation to issue regulations that prohibit the use of cell phones 

for voice communications during the in-flight portion of any scheduled domestic commercial flight. The bill provides an exemption for 

on-duty members of flight and cabin crews, as well as federal law 

enforcement personnel acting in an official capacity. 

BACKGROUND AND NEED FOR LEGISLATION

In December 2013, the Chairman of the Federal Communications 

Commission (FCC) announced his intention to have the FCC vote 

whether or not to consider a rule change that would give airlines 

the ability to allow passengers to use their mobile devices to make 

voice calls in-flight. On December 12, 2013, the FCC voted in favor 

to consider the proposed change in FCC rules and on December 13, 

2013 it issued a notice of proposed rulemaking on this issue. On 

February 14, 2014, the Department of Transportation issued an advanced notice of proposed rulemaking to solicit comments from the 

public on banning cell phone communications on aircraft. The FCC 

is responsible for addressing the technical aspect of using cell 

phones to make voice calls in-flight, whereas it is the responsibility 

of the Federal Aviation Administration (FAA) and the Department 

of Transportation (DOT) to address any safety impacts that may 

occur from using cell phones to make voice calls during flight. Neither the DOT nor the FCC has taken any additional further actions 

regarding this matter. 

According to a Quinnipiac University poll conducted December 

2013, 59 percent of Americans opposed allowing cell phone calls 

during flights, while only 30 percent supported allowing them. In 

addition, a December 2013 Associated Press poll found that 78 percent of frequent fliers oppose allowing in-flight phone calls. The potential safety concerns from allowing voice communications via cell 

phones on passenger aircraft have been raised by a variety of 

stakeholders, such as the DOT and flight attendants. 

HEARINGS

On December 12, 2013 the Subcommittee on Aviation held a 

hearing titled the ‘‘State of American Aviation,’’ in which the topic 

of using cell phones for voice communications on scheduled domestic flights was discussed. No hearings were specifically held on H.R. 

3676. 

LEGISLATIVE HISTORY AND CONSIDERATION

On December 9, 2013, Representative Bill Shuster introduced 

H.R. 3676. 

On February 11, 2014, the Committee on Transportation and Infrastructure met in open session and ordered the bill reported favorably to the House by voice vote with a quorum present. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires each committee report to include the total number of 


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votes cast for and against on each record vote on a motion to report 

and on any amendment offered to the measure or matter, and the 

names of those members voting for and against. There were no 

record votes taken in connection with consideration of H.R. 3676 or 

ordering the measure reported. A motion to order H.R. 3676 reported favorably to the House was agreed to by voice vote with a 

quorum present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in the report. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

With respect to the requirement of clause 3(c)(3) of rule XII of 

the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 3676 from the Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, March 6, 2014. 

Hon. BILL SHUSTER, 

Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3676, the Prohibiting InFlight Voice Communications on Mobile Wireless Devices Act of 

2013. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Megan Carroll (for federal costs), and Amy Petz (for the private-sector impact). 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 3676—Prohibiting In-Flight Voice Communications on Mobile 

Wireless Devices Act of 2013 

H.R. 3676 would direct the Secretary of Transportation to issue 

regulations that prohibit air passengers from talking on cellular 

phones during domestic flights. The prohibition would not apply to 

members of the flight crew, flight attendants, or federal law enforcement agents who are on duty. 

CBO estimates that enacting H.R. 3676 would have no significant impact on the federal budget. Based on information from the 


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Department of Transportation, we expect that promulgating the 

proposed regulations would cost less than $500,000, assuming the 

availability of appropriated funds. H.R. 3676 would not affect direct 

spending or revenues; pay-as-you-go procedures do not apply. 

H.R. 3676 would impose a private-sector mandate, as defined in 

the Unfunded Mandates Reform Act (UMRA), by prohibiting airline 

passengers from talking on cellular phones during a domestic 

flight. Under current law, airlines may choose to allow passengers 

to make voice calls over an in-flight Internet service (for example 

Skype), but in-flight voice calls on cellular phones are prohibited by 

the Federal Communications Commission (FCC). The FCC recently 

issued a proposed rule that would allow airlines to permit passengers to use cellular phones during a flight. If the FCC adopts 

the rule, the bill would impose a mandate by prohibiting passengers from engaging in all voice calls during a flight; if the FCC 

does not adopt the rule, only the prohibition on voice calls over an 

in-flight Internet service would constitute a mandate. In either 

case, CBO expects that the cost of the mandate would be small and 

fall below the annual threshold established in UMRA for privatesector mandates ($152 million in 2014, adjusted annually for inflation). 

The Department of Transportation (DOT) has issued a notice 

that it is also considering a ban on all in-flight voice calls by passengers as an unfair practice to consumers. If DOT, in the absence 

of the bill, determines to ban such calls, the bill would impose no 

private-sector mandates. 

H.R. 3676 contains no intergovernmental mandates as defined in 

UMRA and would impose no cost on state, local, or tribal governments. 

The CBO staff contacts for this estimate are Megan Carroll (for 

federal costs) and Amy Petz (for the private-sector impact). The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

PERFORMANCE GOALS AND OBJECTIVES

With respect to the requirement of clause 3(c)(4) of rule XIII of 

the Rules of the House of Representatives, the performance goal 

and objective of this legislation is to direct the Secretary of Transportation to conduct a rulemaking to ban the use of cell phones for 

in-flight voice communications with certain exemptions. 

ADVISORY OF EARMARKS

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, the Committee is required to include a list of congressional earmarks, limited tax benefits, or limited tariff benefits 

as defined in clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 

the House of Representatives. No provision in the bill includes an 

earmark, limited tax benefit, or limited tariff benefit under clause 

9(e), 9(f), or 9(g) of rule XXI. 

DUPLICATION OF FEDERAL PROGRAMS

Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013), the 

Committee finds that no provision of H.R. 3676 establishes or reauthorizes a program of the federal government known to be duplicaVerDate Mar 15 2010 06:41 May 31, 2014 Jkt 039006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR466.XXX HR466

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tive of another federal program, a program that was included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139, or a program related 

to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULEMAKINGS

Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013), the 

Committee estimates that enacting H.R. 3676 directs the Secretary 

of Transportation to complete a rulemaking banning the use of inflight voice communications on cell phones. 

FEDERAL MANDATE STATEMENT

The Committee adopts as its own the estimate of federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 3676 does not preempt any state, local, or tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY OF LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

SECTION–BY–SECTION ANALYSIS OF LEGISLATION

Section 1. Short title 

This section provides that the short title of the bill is the ‘‘Prohibiting In-Flight Voice Communications on Mobile Wireless Devices Act of 2013.’’ 

Section 2. Prohibition on certain cell phone voice communications 

Creates a new section 41725, in Title 49 United States Code 

which— 

a. Directs the Secretary of Transportation to issue regulations 

prohibiting an individual on an aircraft from using a cell phone 

during a domestic scheduled passenger flight, with exemptions applying to any member of the flight crew or flight attendant on duty 

on an aircraft, as well as federal law enforcement acting in an official capacity. 

b. Defines the terms ‘‘flight’’ and ‘‘mobile communications devices.’’ 


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CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 49, UNITED STATES CODE 

* * * * * * * 

SUBTITLE VII—AVIATION PROGRAMS 

* * * * * * * 

PART A—AIR COMMERCE AND SAFETY 

* * * * * * * 

SUBPART II—ECONOMIC REGULATION 

* * * * * * * 

CHAPTER 417—OPERATIONS OF CARRIERS 

SUBCHAPTER I—REQUIREMENTS 

Sec. 

41701. Classification of air carriers. 

* * * * * * * 

41725. Prohibition on certain cell phone voice communications. 

* * * * * * * 

SUBCHAPTER I—REQUIREMENTS 

* * * * * * * 

§ 41725. Prohibition on certain cell phone voice communications 

(a) PROHIBITION.—The Secretary of Transportation shall issue 

regulations— 

(1) to prohibit an individual on an aircraft from engaging in 

voice communications using a mobile communications device 

during a flight of that aircraft in scheduled passenger interstate 

or intrastate air transportation; and 

(2) that exempt from the prohibition described in paragraph 

(1) any— 

(A) member of the flight crew on duty on an aircraft; 

(B) flight attendant on duty on an aircraft; and 

(C) Federal law enforcement officer acting in an official 

capacity. 

(b) DEFINITIONS.—In this section, the following definitions apply: 

(1) FLIGHT.—The term ‘‘flight’’ means, with respect to an aircraft, the period beginning when the aircraft takes off and ending when the aircraft lands. 

(2) MOBILE COMMUNICATIONS DEVICE.— 


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(A) IN GENERAL.—The term ‘‘mobile communications device’’ means any portable wireless telecommunications 

equipment utilized for the transmission or reception of voice 

data. 

(B) LIMITATION.—The term ‘‘mobile communications device’’ does not include a phone installed on an aircraft. 

* * * * * * * 

Æ 


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