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[DOCID: f:h2906ih.txt]






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-implement the sky 
        marshal program within 30 days, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 implemented under subsection 
(a) shall--
            (1) provide for random deployment of sky marshals 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 fitness checks 
        for candidates for appointment as sky marshals;
            (3) provide for appropriate training, supervision, and 
        equipment of sky marshals; and
            (4) require commercial air carriers to provide seating for 
        a sky marshal on any selected air passenger flight without 
        regard to the availability of seats on that flight.
    (c) Delay of Implementation.--If the Administrator 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 Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives; and
            (2) may, after so notifying the Committees, extend 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 receipts from which shall be available 
immediately for obligation and expenditure to carry out the program 
implemented under subsection (a).
    (e) Sunset.--
            (1) In general.--The authority for the program 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 transmit 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 subsection (a) should be 
                continued; and
                    (B) any recommendations the Administrator 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:
``Sec. 41722. Limitation on alcoholic beverages on scheduled flights
    ``(a) Intrastate and Interstate Air Transportation.--No air carrier 
may serve more than 2 alcoholic beverages to any individual on a flight 
segment in scheduled passenger interstate air transportation or 
scheduled passenger intrastate air transportation.
    ``(b) Foreign Air Transportation.--The Secretary of Transportation 
shall require all air carriers and foreign air carriers to serve no 
more than 2 alcoholic beverages to any individual on a flight segment 
in scheduled passenger foreign air transportation.
    ``(c) Limitation on Applicability.--
            ``(1) In general.--If a foreign government objects 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 Secretary shall waive the application of 
        subsection (b) to a foreign air carrier licensed by that 
        foreign government 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 objecting 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 section.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 41721 the following:

``41722. Limitation on alcoholic beverages on scheduled flights.''.
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