I 

108TH CONGRESS 

2D SESSION H. R. 4056 

To encourage the establishment of both long-term and short-term programs 

to address the threat of man-portable air defense systems (MANPADS) 

to commercial aviation. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2004 

Mr. MICA (for himself, Mr. DEFAZIO, and Mr. ISRAEL) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To encourage the establishment of both long-term and shortterm programs to address the threat of man-portable 

air defense systems (MANPADS) to commercial aviation. 

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 ‘‘Commercial Aviation 

5 MANPADS Defense Act of 2004’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 
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1 (1) MANPADS constitute a threat to military 

2 and civilian aircraft. 

3 (2) The threat posed by MANPADS requires 

4 the development of both short-term and long-term 

5 plans. 

6 (3) The threat posed by MANPADS requires 

7 an international as well as domestic response. 

8 (4) There should be an international effort to 

9 address the issues of MANPADS proliferation and 

10 defense. 

11 (5) The Government is pursuing and should 

12 continue to pursue diplomatic efforts to prevent the 

13 proliferation of MANPADS. 

14 SEC. 3. INTERNATIONAL COOPERATIVE EFFORTS. 

15 (a) TO LIMIT AVAILABILITY AND TRANSFER OF

16 MANPADS.—The President is encouraged to pursue fur17 ther strong international diplomatic and cooperative ef18 forts, including bilateral and multilateral treaties, in the 

19 appropriate forum to limit the availability, transfer, and 

20 proliferation of MANPADS worldwide. 

21 (b) TO ACHIEVE DESTRUCTION OF MANPADS.— 

22 The President should continue to pursue further strong 

23 international diplomatic and cooperative efforts, including 

24 bilateral and multilateral treaties, in the appropriate 
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1 forum to assure the destruction of excess, obsolete, and 

2 illicit stocks of MANPADS worldwide. 

3 (c) REPORTING AND BRIEFING REQUIREMENTS.— 

4 Not later than 180 days after the date of enactment of 

5 this Act, the President shall transmit to the appropriate 

6 congressional committees a report that contains a detailed 

7 description of the status of diplomatic efforts under sub8 sections (a) and (b). Annually thereafter until completion 

9 of such diplomatic efforts, the Secretary of State shall 

10 brief the appropriate congressional committees on the sta11 tus of such diplomatic efforts. 

12 SEC. 4. FAA AIRWORTHINESS CERTIFICATION OF MISSILE 

13 DEFENSE SYSTEMS FOR COMMERCIAL AIR14 CRAFT. 

15 (a) IN GENERAL.—Not later than 30 days after the 

16 date of enactment of this Act, the Administrator of the 

17 Federal Aviation Administration shall establish a process 

18 for conducting airworthiness and safety certification of 

19 missile defense systems for commercial aircraft. 

20 (b) CERTIFICATION ACCEPTANCE.—Under the proc21 ess, the Administrator shall accept the certification of the 

22 Department of Homeland Security that a missile defense 

23 system is effective and does not pose a danger when used 

24 to defend commercial aircraft against MANPADS. 
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1 (c) EXPEDITIOUS CERTIFICATION.—Under the proc2 ess, the Administrator shall expedite the airworthiness and 

3 safety certification of missile defense systems for commer4 cial aircraft. 

5 (d) REPORTS.—Not later than 180 days after the ini6 tiation of certification procedures for missile defense sys7 tems for commercial aircraft, and every 6 months there8 after until complete, the Federal Aviation Administration 

9 shall transmit to the Committee on Transportation and 

10 Infrastructure of the House of Representatives and the 

11 Committee on Commerce, Science, and Transportation of 

12 the Senate a report that contains a detailed description 

13 of the status of airworthiness and safety certification. 

14 SEC. 5. PROGRAMS TO REDUCE MANPADS. 

15 (a) IN GENERAL.—The President is encouraged to 

16 pursue strong programs to reduce the number of 

17 MANPADS worldwide so that fewer MANPADS will be 

18 available for trade, proliferation, and sale. 

19 (b) REPORTING AND BRIEFING REQUIREMENTS.— 

20 Not later than 180 days after the date of enactment of 

21 this Act, the President shall transmit to the appropriate 

22 congressional committees a report that contains a detailed 

23 description of the status of the programs being pursued 

24 under subsection (a). Annually thereafter until the pro25 grams are no longer needed, the Secretary of State shall 
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1 brief the appropriate congressional committees on the sta2 tus of programs. 

3 (c) FUNDING.—There is authorized to be appro4 priated such sums as may be necessary to carry out this 

5 section. 

6 SEC. 6. MANPADS VULNERABILITY ASSESSMENTS REPORT. 

7 (a) IN GENERAL.—Not later than one year after the 

8 date of enactment of this Act, the Secretary of Homeland 

9 Security shall transmit to the Committee on Transpor10 tation and Infrastructure of the House of Representatives 

11 and the Committee on Commerce, Science, and Transpor12 tation of the Senate a report describing the Department 

13 of Homeland Security’s plans to secure airports and the 

14 aircraft arriving and departing from airports against 

15 MANPADS attacks. 

16 (b) MATTERS TO BE ADDRESSED.—The Secretary’s 

17 report shall address, at a minimum, the following: 

18 (1) The status of the Department’s efforts to 

19 conduct MANPADS vulnerability assessments at 

20 United States airports at which the Department is 

21 conducting assessments. 

22 (2) How intelligence is shared between the 

23 United States intelligence agencies and Federal, 

24 State, and local law enforcement to address the 
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1 MANPADS threat and potential ways to improve 

2 such intelligence sharing. 

3 (3) Contingency plans that the Department has 

4 developed in the event that it receives intelligence in5 dicating a high threat of MANPADS attack on air6 craft at or near United States airports. 

7 (4) The feasibility and effectiveness of imple8 menting public education and neighborhood watch 

9 programs in areas surrounding United States air10 ports in cases in which intelligence reports indicate 

11 there is a high risk of MANPADS attacks on air12 craft. 

13 (5) Any other issues that the Secretary deems 

14 relevant. 

15 (c) FORMAT.—The report required by this section 

16 may be submitted in a classified format. 

17 SEC. 7. DEFINITIONS. 

18 In this Act, the following definitions apply: 

19 (1) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘‘appropriate congressional com21 mittees’’ means— 

22 (A) the Committee on Armed Services, the 

23 Committee on International Relations, and the 

24 Committee on Transportation and Infrastruc25 ture of the House of Representatives; and 
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1 (B) the Committee on Armed Services, the 

2 Committee on Foreign Relations, and the Com3 mittee on Commerce, Science, and Transpor4 tation of the Senate. 

5 (2) MANPADS.—The term ‘‘MANPADS’’ 

6 means man-portable air defense systems, which are 

7 shoulder-fired, surface-to-air missile systems that 

8 can be carried and transported by a person. 

Æ