HR-9530-119
Ordered to be Reported (Amended) by Voice Vote.
Sponsored by Hillary Scholten (D-MI)
What it does
The bill would require the Secretary of Transportation to issue a final rule within 180 days of enactment. The rule would be under the regulations called for in section 41725 of title 49, United States Code, which concern certain cell phone voice communications on aircraft in scheduled passenger interstate or intrastate air transportation. The bill's operative text does not itself define which communications are covered, so the scope would depend on the underlying statute and the resulting rule.
Who benefits
Airline passengers who prefer quiet cabins, and flight attendants who may face fewer disputes over in-flight calls. Airlines may benefit from a uniform federal rule instead of setting policies carrier by carrier. Passengers needing rest on overnight or long-haul flights could also gain.
Who is hurt
Passengers who want to make voice calls in flight, including business travelers, could lose that option if the rule bars it. Airlines or connectivity providers that hoped to offer voice-calling services may lose potential revenue. The Department of Transportation would bear rulemaking and enforcement costs, and carriers may bear compliance costs.
Supporters argue
Supporters argue that a fixed deadline turns an existing but unfinished rulemaking mandate into an enforceable rule, ending uncertainty for travelers and crews. They contend that confined cabins make phone conversations hard to avoid, and that a single national rule is clearer than varying airline policies, particularly for flight attendants who must handle disputes.
Opponents argue
Opponents argue that airlines and passengers can handle in-flight calling through carrier policies, social norms, and market choices without a federal mandate. They contend that a statutory deadline may rush rulemaking, and that a broad ban could limit useful communication in emergencies or for business travelers, especially as in-flight connectivity technology improves.
Constitutional context
Congress may regulate air transportation under the Commerce Clause (Art. I, §8, cl. 3), and Wickard v. Filburn (1942) supports broad authority over economic activity affecting interstate commerce. The bill's directive to an agency to finalize a rule raises no distinct constitutional issue; any resulting rule would face review for statutory authority under Loper Bright (2024).
Checks and balances
Congress gains oversight leverage by setting a rulemaking deadline for the executive branch's Department of Transportation, and courts and the Administrative Procedure Act process would check the resulting rule.
Historical precedent
The FCC proposed in 2013 to relax limits on in-flight mobile use, and the Department of Transportation began a related rulemaking in 2016 that was later withdrawn, so no final federal rule on in-flight voice calls has been issued.