I
107TH CONGRESS
1ST SESSION
H. R. 2906
To direct the Federal Aviation Administration to re-implement the sky
marshal program within 30 days, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 20, 2001
Mr. BAKER (for himself, Mr. MCGOVERN, and Mr. BALLENGER) introduced
the following bill; which was referred to the Committee on Transportation
and Infrastructure
A BILL
To direct the Federal Aviation Administration to re-imple-
ment the sky marshal program within 30 days, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Emergency Aviation
Security Act of 2001’’.
SEC. 2. DEPLOYMENT OF SKY MARSHALS.
(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration shall implement a sky marshal
program under section 44903 of title 49, United States
Code, within 30 days after the date of enactment of this
Act.
(b) PROGRAM REQUIREMENTS.—The program imple-
mented under subsection (a) shall—
(1) provide for random deployment of sky mar-
shals on domestic commercial air passenger flights
in the United States, and international flights on
United States carriers into or out of the United
States;
(2) provide for appropriate background and fit-
ness checks for candidates for appointment as sky
marshals;
(3) provide for appropriate training, super-
vision, and equipment of sky marshals; and
(4) require commercial air carriers to provide
seating for a sky marshal on any selected air pas-
senger flight without regard to the availability of
seats on that flight.
(c) DELAY OF IMPLEMENTATION.—If the Adminis-
trator determines that the sky marshal program cannot
be 
implemented 
within 
the 
30-day 
period, 
the
Administrator—
(1) shall immediately notify the Committee on
Commerce, Science, and Transportation of the Sen-
ate and the Committee on Transportation and Infra-
structure of the House of Representatives; and
(2) may, after so notifying the Committees, ex-
tend the implementation date for not more than 30
days.
(d) FUNDING.—The Administrator may impose a fee
under section 45301 of title 49, United States Code, of
not more than $1.00 per domestic flight segment, the re-
ceipts from which shall be available immediately for obli-
gation and expenditure to carry out the program imple-
mented under subsection (a).
(e) SUNSET.—
(1) IN GENERAL.—The authority for the pro-
gram required by subsection (a) and the fee imposed
under subsection (d) shall terminate 1 year after the
date on which the program is implemented.
(2) REPORT.—No later than 30 days before the
date on which the program is scheduled to terminate
under paragraph (1), the Administrator shall trans-
mit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of
the House of Representatives setting forth—
(A) the Administrator’s recommendation
as to which the program established under sub-
section (a) should be continued; and
(B) any recommendations the Adminis-
trator may have for improving the effectiveness
of the program.
SEC. 3. LIMITATION ON ALCOHOLIC BEVERAGES ON
SCHEDULED FLIGHTS.
(a) IN GENERAL.—Subchapter I of chapter 417 of
title 49, United States Code, is amended by adding at the
end the following:
‘‘§ 41722. Limitation on alcoholic beverages on sched-
uled flights
‘‘(a) INTRASTATE AND INTERSTATE AIR TRANSPOR-
TATION.—No air carrier may serve more than 2 alcoholic
beverages to any individual on a flight segment in sched-
uled passenger interstate air transportation or scheduled
passenger intrastate air transportation.
‘‘(b) FOREIGN AIR TRANSPORTATION.—The Sec-
retary of Transportation shall require all air carriers and
foreign air carriers to serve no more than 2 alcoholic bev-
erages to any individual on a flight segment in scheduled
passenger foreign air transportation.
‘‘(c) LIMITATION ON APPLICABILITY.—
‘‘(1) IN GENERAL.—If a foreign government ob-
jects to the application of subsection (b) on the basis
that subsection (b) provides for an extraterritorial
application of the laws of the United States, the Sec-
retary shall waive the application of subsection (b)
to a foreign air carrier licensed by that foreign gov-
ernment at such time as an alternative prohibition
negotiated under paragraph (2) becomes effective
and is enforced by the Secretary.
‘‘(2) ALTERNATIVE PROHIBITION.—If, pursuant
to paragraph (1), a foreign government objects to
the prohibition under subsection (b), the Secretary
shall enter into bilateral negotiations with the object-
ing foreign government to provide for an alternative
alcoholic beverage prohibition.
‘‘(d) REGULATIONS.—The Secretary shall prescribe
such regulations as are necessary to carry out this sec-
tion.’’.
(b) CONFORMING AMENDMENT.—The analysis for
such chapter is amended by inserting after the item relat-
ing to section 41721 the following:
‘‘41722. Limitation on alcoholic beverages on scheduled flights.’’.
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