SMOKING PROHIBITION.

SEC. 401. 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 Interstate and Intrastate Air Transportation. An individual may not smoke— “(1) in an aircraft in scheduled passenger interstate or intrastate air transportation; or “(2) in an aircraft in nonscheduled passenger interstate or intrastate air transportation, 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— “(1) in an aircraft in scheduled passenger foreign air transportation; and “(2) in an aircraft 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 passenger flights.”.