I 

109TH CONGRESS 

2D SESSION H. R. 5333 

To reduce the threat of terrorists acquiring shoulder-fired missiles. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2006 

Mr. ROYCE (for himself, Mr. SHERMAN, Mr. WELLER, Mr. LANTOS, Ms. ROSLEHTINEN, Ms. WATSON, Mr. ISSA, Mr. CARDOZA, Mr. POE, Mr. 

MCCOTTER, Mr. WILSON of South Carolina, Mr. ISRAEL, and Ms. BEAN) 

introduced the following bill; which was referred to the Committee on 

International Relations 

A BILL 

To reduce the threat of terrorists acquiring shoulder-fired 

missiles. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Shoulder-Fired Missile 

5 Threat Reduction Act of 2006’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) MANPADS.—The term ‘‘MANPADS’’ 

9 means— 


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1 (A) a surface-to-air missile system de2 signed to be man-portable and carried and fired 

3 by a single individual; or 

4 (B) any other surface-to-air missile system 

5 designed to be operated and fired by more than 

6 one individual acting as a crew and portable by 

7 several individuals. 

8 (2) CONVENTIONAL WEAPONS.—The term ‘‘con9 ventional weapons’’ means rocket propelled gre10 nades, landmines, abandoned stocks of munitions, 

11 and other weapons the Secretary of State determines 

12 the proliferation of which undermines international 

13 peace and stability. 

14 SEC. 3. FINDINGS. 

15 Congress finds the following: 

16 (1) The global proliferation of man-portable air 

17 defense systems (MANPADS) and other conven18 tional weapons poses a direct threat to the national 

19 security of the United States. 

20 (2) The use of MANPADS and other conven21 tional weapons by terrorists and insurgent groups 

22 continues to hamper United States efforts to achieve 

23 peace and security in Iraq and Afghanistan. 


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1 (3) More than two-dozen terrorist groups, in2 cluding al-Qaeda, are believed to possess 

3 MANPADS. 

4 (4) On November 28, 2002, in Mombasa, 

5 Kenya, two shoulder-fired missiles were fired at a 

6 departing civilian airliner in an unsuccessful attack 

7 claimed by al-Qaeda. 

8 (5) A successful terrorist attack with a shoul9 der-fired missile against a civilian airliner would 

10 have devastating human and incalculable economic 

11 costs. 

12 (6) The Government Accountability Office has 

13 estimated that there are between 500,000 and 

14 750,000 MANPADS in countries around the world, 

15 with a few thousand outside government controls 

16 and thousands more under government controls but 

17 vulnerable to theft and possible transfer to terrorist 

18 groups due to inadequate security. 

19 (7) Many countries that possess stocks of 

20 MANPADS and other conventional weapons no 

21 longer require such weapons for their own security 

22 or self-defense, but do not possess the means to 

23 eliminate or safeguard such weapons systems. 

24 SEC. 4. SENSE OF CONGRESS. 

25 It is the sense of Congress that— 


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1 (1) where appropriate, the United States Gov2 ernment should provide assistance to countries seek3 ing to secure, remove, or eliminate stocks of 

4 MANPADS and other conventional weapons that 

5 pose a proliferation threat; 

6 (2) where appropriate, the Secretary of State 

7 should direct United States Ambassadors to such 

8 countries to negotiate with appropriate officials of 

9 their host countries to offer assistance to secure, re10 move, and eliminate stocks of MANPADS and other 

11 conventional weapons that pose a proliferation 

12 threat; and 

13 (3) in light of the clear links between global 

14 networks of terrorism and global networks of the il15 legal trade in conventional weapons, the United 

16 States Government should place consistent, broad, 

17 and continued emphasis on combating the prolifera18 tion of MANPADS and other conventional weapons 

19 within the broader nonproliferation strategy of the 

20 United States. 

21 SEC. 5. STATEMENT OF POLICY. 

22 It is the policy of the United States to assist the gov23 ernments of other countries to secure, remove, or eliminate 

24 stocks of MANPADS and other conventional weapons that 


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1 pose a proliferation threat, local or regional security 

2 threat, or humanitarian threat. 

3 SEC. 6. GLOBAL PROGRAM FOR THE SAFEGUARDING AND 

4 ELIMINATION OF MANPADS AND CONVEN5 TIONAL WEAPONS. 

6 (a) IN GENERAL.—The Secretary of State is author7 ized to carry out an accelerated global program to secure, 

8 remove, or eliminate stocks of MANPADS and other con9 ventional weapons, as well as related equipment and facili10 ties, that are determined by the Secretary to pose a pro11 liferation threat, local or regional security threat, or hu12 manitarian threat. 

13 (b) PROGRAM ELEMENTS.—The program authorized 

14 under subsection (a) may include the following activities: 

15 (1) Programs to assist countries to secure, re16 move, and eliminate MANPADS and other conven17 tional weapons, including programs related to the 

18 safe handling and proper storage of such 

19 MANPADS and other conventional weapons. 

20 (2) Cooperative programs with the North Atlan21 tic Treaty Organization, Organization for Security 

22 and Cooperation in Europe, and other international 

23 organizations to assist countries in the secure han24 dling and proper storage, removal, or elimination of 

25 MANPADS and other conventional weapons. 


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1 (3) Programs for the management, including 

2 inventory and accounting procedures, of MANPADS 

3 and other conventional weapons at locations where 

4 United States funds have been used to provide for 

5 the security of such weapons. 

6 (4) Actions to ensure that equipment and 

7 funds, including security upgrades at locations for 

8 the storage, removal, or elimination of MANPADS 

9 and other conventional weapons and related equip10 ment that are determined by the Secretary of State 

11 to pose a proliferation threat, local or regional secu12 rity threat, or humanitarian threat, continue to be 

13 used for authorized purposes. 

14 SEC. 7. IMPOSITION OF SANCTIONS TO DETER THE TRANS15 FER OF MANPADS. 

16 (a) STATEMENT OF POLICY.—Congress declares that 

17 it should be the policy of the United States to hold foreign 

18 governments accountable for knowingly transferring 

19 MANPADS to state-sponsors of terrorism or terrorist or20 ganizations. 

21 (b) DETERMINATION RELATING TO SANCTIONS.— 

22 (1) IN GENERAL.—If the President determines 

23 that a foreign government knowingly transfers 

24 MANPADS to a foreign government described in 


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1 paragraph (2) or a terrorist organization, the Presi2 dent shall— 

3 (A) submit forthwith to the Committee on 

4 International Relations of the House of Rep5 resentatives and the Committee on Foreign Re6 lations of the Senate a report containing such 

7 determination; and 

8 (B) impose forthwith on the transferring 

9 foreign government the sanctions described in 

10 subsection (c). 

11 (2) FOREIGN GOVERNMENT DESCRIBED.—A 

12 foreign government described in this paragraph is a 

13 foreign government that the Secretary of State has 

14 determined, for purposes of section 6(j) of the Ex15 port Administration Act of 1979, section 620A of 

16 the Foreign Assistance Act of 1961, section 40 of 

17 the Arms Export Control Act, or any other provision 

18 of law, is a government that has repeatedly provided 

19 support for acts of international terrorism. 

20 (c) SANCTIONS DESCRIBED.—The sanctions referred 

21 to in subsection (b)(1)(B) are the following: 

22 (1) Termination of United States Government 

23 assistance to the transferring foreign government 

24 under the Foreign Assistance Act of 1961, except 


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1 that such termination shall not apply in the case of 

2 humanitarian assistance. 

3 (2) Termination of United States Govern4 ment— 

5 (A) sales to the transferring foreign gov6 ernment of any defense articles, defense serv7 ices, or design and construction services; and 

8 (B) licenses for the export to the transfer9 ring foreign government of any item on the 

10 United States Munitions List. 

11 (3) Termination of all foreign military financing 

12 for the transferring foreign government. 

13 (d) WAIVER.—Notwithstanding any other provision 

14 of law, sanctions shall not be imposed on a transferring 

15 foreign government under this section if the President de16 termines and certifies in writing to the Committee on 

17 International Relations of the House of Representatives 

18 and the Committee on Foreign Relations of the Senate 

19 that the furnishing of the assistance, sales, licensing, or 

20 financing that would otherwise be suspended as a result 

21 of the imposition of such sanctions is important to the 

22 national security interests of the United States. 

23 (e) DEFINITIONS.—In this section: 


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1 (1) DEFENSE ARTICLE.—The term ‘‘defense ar2 ticle’’ has the meaning given the term in section 

3 47(3) of the Arms Export Control Act. 

4 (2) DEFENSE SERVICE.—The term ‘‘defense 

5 service’’ has the meaning given the term in section 

6 47(4) of the Arms Export Control Act. 

7 (3) DESIGN AND CONSTRUCTION SERVICES.— 

8 The term ‘‘design and construction services’’ has the 

9 meaning given the term in section 47(8) of the Arms 

10 Export Control Act. 

11 (4) FOREIGN GOVERNMENT.—The term ‘‘for12 eign government’’ includes any agency or instrumen13 tality of a foreign government. 

14 SEC. 8. MULTILATERAL EFFORTS TO LIMIT THE AVAIL15 ABILITY AND TRANSFER OF MANPADS. 

16 (a) FINDINGS.—Congress finds the following: 

17 (1) The United States Government has begun 

18 to pursue commitments from countries in multilat19 eral forums to limit the availability, transfer, and 

20 proliferation of MANPADS worldwide. 

21 (2) However, multilateral forums lack mecha22 nisms for assessing member countries’ compliance 

23 with such diplomatic commitments. 

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that the United States Government should continue 


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1 to pursue strengthened international diplomatic efforts in 

2 the appropriate fora to limit the availability, transfer, and 

3 proliferation of MANPADS worldwide and to exert appro4 priate diplomatic pressure to influence member country 

5 compliance with such efforts. 

6 SEC. 9. REPORT ON MANPADS AND CONVENTIONAL WEAP7 ONS THREAT REDUCTION. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of the enactment of this Act and as circumstances 

10 warrant thereafter, the Secretary of State, in consultation 

11 with other appropriate government agencies, shall submit 

12 to the Committee on International Relations and the Com13 mittee on Appropriations of the House of Representatives 

14 and the Committee on Foreign Relations and the Com15 mittee on Appropriations of the Senate a report on 

16 MANPADS and other conventional weapons threat reduc17 tion. 

18 (b) CONTENTS.—The report required under sub19 section (a) shall include the following information for the 

20 period preceding each such report: 

21 (1) A description of efforts undertaken by the 

22 Secretary of State regarding MANPADS and other 

23 conventional weapons threat reduction. 

24 (2) A description, on a country-by-country 

25 basis, of the implementation of a global strategy for 


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1 the storage, removal, and elimination of MANPADS 

2 and other conventional weapons, including, to the 

3 extent possible, a prioritization of such storage, re4 moval, and elimination efforts with respect to the 

5 proliferation sensitivity of such weapons in each 

6 country and the potential impact of such efforts on 

7 local and regional security. 

8 (3) A description of multilateral efforts pursued 

9 by the United States Government to limit the avail10 ability, transfer, and proliferation of MANPADS 

11 worldwide, and a strategy to establish mechanisms 

12 to monitor and report on— 

13 (A) countries’ implementation of their 

14 commitments to limit such availability, transfer, 

15 and proliferation; and 

16 (B) the impact such implementation of 

17 commitments has on the flow of MANPADS to 

18 black and gray markets. 

19 (4) A description and evaluation of the access 

20 of terrorists, non-state actors, and state sponsors of 

21 terrorism to MANPADS, their methods to acquire 

22 MANPADS, and a strategy for disrupting future ac23 cess to MANPADS. 

24 (5) An evaluation of the extent to which activi25 ties authorized by this Act and other United States 


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1 Government programs are integrated to ensure that 

2 the conventional weapons threat reduction efforts of 

3 the United States Government are consistent with 

4 United States policy and goals in countries receiving 

5 assistance through such activities. 

6 (c) FORM.—The report required under subsection (a) 

7 shall be in unclassified form, but shall contain a classified 

8 annex, as appropriate. 

9 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—In addition to amounts that are 

11 otherwise authorized to be appropriated to the Non12 proliferation, Anti-Terrorism, Demining, and Related Pro13 grams account of the Department of State, there is au14 thorized to be appropriated $15,000,000 for fiscal year 

15 2007 and $20,000,000 for fiscal year 2008 for activities 

16 related to the securing, removal, or elimination of stocks 

17 of MANPADS and other conventional weapons and re18 lated equipment and facilities. 

19 (b) ADDITIONAL AUTHORITIES.—Amounts appro20 priated pursuant to subsection (a)— 

21 (1) are authorized to be made available notwith22 standing any other provision of law; and 

23 (2) are authorized to remain available until ex24 pended. 

Æ 


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