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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Aviation Security Enhancement Act of
2002''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) The safety and security of the civil air transportation
system is critical to the security and national defense of the
United States.
(2) A large percentage of the Nation's airports will have
checked baggage explosive detection systems in place by the
statutory deadline of December 31, 2002, but the remaining
airports will be required to implement expensive interim
systems requiring full replacement or relocation (or both)
within a short period of time.
(3) Implementation and replacement of the interim systems
will cost millions of taxpayer dollars, will present serious
problems in ensuring that a sufficient number of operators are
hired and trained within the allotted time, and will require
unprecedented demands on lobby space in airports.
(4) The statutory deadline of December 31, 2002, which was
originally believed to be adequate in providing a reasonable
time frame for implementing an effective baggage screening
system, may be insufficient and inefficient to accomplish the
mission envisioned by Congress in approving the Aviation and
Transportation Security Act.
(5) In order to meet that critical mission, significant
flexibility was included in that Act to allow the Under
Secretary of Transportation for Security to continue using
current screening practices until explosive detection systems
can be installed. A high level of security can be maintained in
the interim using current practices while the longer-term
systems are installed.
(6) A measured approach to installations will provide the
Transportation Security Administration with appropriate leeway
to incrementally address individual airport requirements and
potentially allow that agency to accommodate technology
improvements and lessons learned.
(7) Such installations should be accomplished without undue
delays after the planning phase has been completed.
(8) By providing optimal solutions, air passengers will be
better protected.

SEC. 3. EXPLOSIVE DETECTION SYSTEMS.

(a) Installation of Systems.--Section 44901(d) of title 49, United
States Code, is amended by adding at the end the following:
''(2) Modification of airport terminal buildings to
accommodate explosive detection systems.--
''(A) Notification of airports.--Not later than
October 1, 2002, the Under Secretary shall notify the
owner or operator of each United States airport
described in section 44903(c) of the number and type of
explosive detection systems that will be required to be
deployed at the airport in order to screen all checked
baggage by explosive detection systems without imposing
unreasonable delays on the passengers using the
airport.
''(B) Assessments of airport terminal buildings.--
If the owner or operator of a United States airport
described in section 44903(c) determines that the
airport will not be able to make the modifications to
the airport's terminal buildings that are necessary to
accommodate the explosive detection systems required
under subparagraph (A) in a cost-effective manner on or
before December 31, 2002, the owner or operator shall
provide notice of that determination to the Under
Secretary not later than November 1, 2002.
''(C) Plans for making modifications to airport
terminal buildings.--
''(i) In general.--If the owner or operator
of an airport provides notice to the Under
Secretary under subparagraph (B), the Under
Secretary, in consultation with the owner or
operator, shall develop, not later than
December 1, 2002, a plan for making necessary
modifications to the airport's terminal
buildings so as to deploy and fully utilize
explosive detection systems to screen all
checked baggage.
''(ii) Deadline.--A plan developed under
this subparagraph shall include a date for
completing the plan. All such plans shall be
completed as expeditiously as practicable.
''(iii) Transmission of plans to
congress.--On the date of completion of a plan
under this subparagraph, the Under Secretary
shall transmit a copy of the plan to Congress.
For security purposes, information contained in
the plan shall not be disclosed to the public.
''(D) Requirements for plans.--A plan developed and
published under subparagraph (C), shall provide for, to
the maximum extent practicable--
''(i) the deployment of explosive detection
systems in the baggage sorting area or other
non-public area rather than the lobby of an
airport terminal building; and
''(ii) the deployment of state of the art
explosive detection systems that have high
throughput, low false alarm rates, and high
reliability without reducing detection rates.
''(E) Use of screening methods other than eds.--
Notwithstanding the deadline in paragraph (1)(A), after
December 31, 2002, if explosive detection systems are
not screening all checked baggage at a United States
airport described in section 44903(c), such baggage
shall be screened by the methods described in
subsection (e) until such time as all checked baggage
is screened by explosive detection systems at the
airport.
''(3) Purchase of explosive detection systems.--Any
explosive detection system required to be purchased under
paragraph (2)(A) shall be purchased by the Under Secretary.
''(4) Explosive detection system defined.--In this
subsection, the term 'explosive detection system' means a
device, or combination of devices, that can detect different
types of explosives.''.
(b) Alternative Explosive Detection Systems.--
(1) Demonstration projects.--The Under Secretary of
Transportation for Security shall carry out demonstration
projects for the installation and testing of alternative
explosive detection systems at not less than 5 United States
airports described in section 44903(c) of title 49, United
States Code.
(2) Applications.--
(A) Submission.--Not later than December 1, 2002,
the owner or operator of an airport seeking to
participate in the demonstration projects shall submit
to the Under Secretary an application in the form and
containing the information that the Under Secretary
requires.
(B) Selection of airports.--Not later than March
31, 2003, the Under Secretary shall select the airports
at which the demonstration projects will be conducted
from among the applications received.
(3) Demonstration criteria.--In carrying out the
demonstration projects, the Under Secretary shall evaluate
alternative explosive detection systems based on the following
criteria:
(A) Probability of detection.
(B) Probability of false alarm.
(C) Reliability.
(D) Detection of explosives, hazardous materials,
and chemical weapons.
(E) Through put speed.
(F) Manpower needed to operate the systems and
clear baggage for travel.
(4) Airport modifications.--An airport participating in the
demonstration projects shall not be required to make any
modification to the airport's terminal facilities to
accommodate the deployment of explosive detection systems under
44901(d)(1)(A).
(5) Continuation of approved inspections.--The Under
Secretary shall require an airport participating in the
demonstration projects to continue to deploy the inspection
systems deployed at the airport as of January 19, 2002, but may
not require the airport to deploy additional explosive
detection equipment at the airport before December 31, 2003.
(6) Purchase of alternative explosive detection systems.--
Any alternative explosive detection system purchased as part of
a demonstration project under this subsection shall be
purchased by the Under Secretary.
(7) Report to congress.--Not later than December 31, 2003,
the Under Secretary shall transmit to Congress a report
describing the results of the demonstration projects, including
an evaluation of the alternative explosive detection systems
using the criteria specified in paragraph (3).
(c) Correction of Reference.--Section 44901(e) of title 49, United
States Code, is amended by striking ''(b)(1)(A)'' and inserting
''(d)(1)(A)''.
Aviation Security Enhancement Act of 2002 - Amends Federal aviation law to direct the Under Secretary of Transportation for Security of the Transportation Security Administration to notify the owner or operator of each U.S. airport of the number and type of explosive detection systems that will be required to be deployed at the airport in order to screen all checked baggage without imposing unreasonable delays on the passengers. Requires each owner or operator to: (1) notify the Under Secretary by a specified date if they are not able to make modifications to the airport's terminal buildings that are necessary to accommodate the explosive detection systems; and (2) develop a plan, if notice is given, by a specified date for making necessary modifications to the terminal buildings so as to deploy and fully utilize explosive detection systems to screen all checked baggage. Requires the Under Secretary to carry out demonstration projects for the installation and testing of alternative explosive detection systems at not less than five U.S. airports. Sets forth certain plan and demonstration requirements.