[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2735 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2735

To amend title 49, United States Code, to provide for the modification 
   of airport terminal buildings to accommodate explosive detection 
     systems for screening checked baggage, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 16, 2002

  Mr. Ensign introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to provide for the modification 
   of airport terminal buildings to accommodate explosive detection 
     systems for screening checked baggage, 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 ``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)''.
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