108TH CONGRESS

2D SESSION H. R. 4056

AN ACT

To encourage the establishment of both long-term

to commercial aviation.man-portable air defense systems (MANPADSs)and short-term programs to address the threat of

108TH CONGRESS

2D SESSION H. R. 4056

AN ACT

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

air defense systems (MANPADSs) to commercial aviation.

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

2 This Act may be cited as the ‘‘Commercial Aviation

3 MANPADS Defense Act of 2004’’.

4 SEC. 2. FINDINGS.

5 Congress finds the following:

6 (1) MANPADSs constitute a threat to military

7 and civilian aircraft.

8 (2) The threat posed by MANPADSs requires

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

10 plans.

11 (3) The threat posed by MANPADSs requires

12 an international as well as domestic response.

13 (4) There should be an international effort to

14 address the issues of MANPADSs proliferation and

15 defense.

16 (5) The Government is pursuing and should

17 continue to pursue diplomatic efforts to prevent the

18 proliferation of MANPADSs.

19 SEC. 3. UNITED STATES POLICY ON NONPROLIFERATION

20 AND EXPORT CONTROL.

21 (a) TO LIMIT AVAILABILITY AND TRANSFER OF

22 MANPADS.—The President shall pursue, on an urgent

23 basis, further strong international diplomatic and coopera24 tive efforts, including bilateral and multilateral treaties,

25 in the appropriate forum to limit the availability, transfer,

26 and proliferation of MANPADSs worldwide.
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1 (b) TO LIMIT THE PROLIFERATION OF

2 MANPADS.—The President is encouraged to seek to

3 enter into agreements with the governments of foreign

4 countries that, at a minimum, would—

5 (1) prohibit the entry into force of a

6 MANPADS manufacturing license agreement and

7 MANPADS co-production agreement, other than the

8 entry into force of a manufacturing license or co9 production agreement with a country that is party to

10 such an agreement;

11 (2) prohibit, except pursuant to transfers be12 tween governments, the export of a MANPADS, in13 cluding any component, part, accessory, or attach14 ment thereof, without an individual validated license;

15 and

16 (3) prohibit the re-export or retransfer of a

17 MANPADS, including any component, part, acces18 sory, or attachment thereof, to a third person, orga19 nization, or government unless the written consent

20 of the government that approved the original export

21 or transfer is first obtained.

22 (c) TO ACHIEVE DESTRUCTION OF MANPADS.—

23 The President should continue to pursue further strong

24 international diplomatic and cooperative efforts, including

25 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 MANPADSs worldwide.

3 (d) REPORTING AND BRIEFING REQUIREMENT.—

4 (1) PRESIDENT’S REPORT.—Not later than 180

5 days after the date of enactment of this Act, the

6 President shall transmit to the appropriate congres7 sional committees a report that contains a detailed

8 description of the status of diplomatic efforts under

9 subsections (a), (b), and (c) and of efforts by the ap10 propriate United States agencies to comply with the

11 recommendations of the General Accounting Office

12 set forth in its report GAO-04-519, entitled ‘‘Non13 proliferation: Further Improvements Needed in U.S.

14 Efforts to Counter Threats from Man-Portable Air

15 Defense Systems’’.

16 (2) ANNUAL BRIEFINGS.—Annually after the

17 date of submission of the report under paragraph

18 (1) and until completion of the diplomatic and com19 pliance efforts referred to in paragraph (1), the Sec20 retary of State shall brief the appropriate congres21 sional committees on the status of such efforts.
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1 SEC. 4. FAA AIRWORTHINESS CERTIFICATION OF MISSILE

2 DEFENSE SYSTEMS FOR COMMERCIAL AIR3 CRAFT.

4 (a) IN GENERAL.—As soon as practicable, but not

5 later than, the date of completion of Phase II of the De6 partment of Homeland Security’s counter-man-portable

7 air defense system (MANPADS) development and dem8 onstration program, the Administrator of the Federal

9 Aviation Administration shall establish a process for con10 ducting airworthiness and safety certification of missile

11 defense systems for commercial aircraft certified as effec12 tive and functional by the Department of Homeland Secu13 rity. The process shall require a certification by the Ad14 ministrator that such systems can be safely integrated into

15 aircraft systems and ensure airworthiness and aircraft

16 system integrity.

17 (b) CERTIFICATION ACCEPTANCE.—Under the proc18 ess, the Administrator shall accept the certification of the

19 Department of Homeland Security that a missile defense

20 system is effective and functional to defend commercial

21 aircraft against MANPADSs.

22 (c) EXPEDITIOUS CERTIFICATION.—Under the proc23 ess, the Administrator shall expedite the airworthiness and

24 safety certification of missile defense systems for commer25 cial aircraft certified by the Department of Homeland Se26 curity.
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1 (d) REPORTS.—Not later than 90 days after the first

2 airworthiness and safety certification for a missile defense

3 system for commercial aircraft is issued by the Adminis4 trator, and annually thereafter until December 31, 2008,

5 the Federal Aviation Administration shall transmit to the

6 Committee on Transportation and Infrastructure of the

7 House of Representatives and the Committee on Com8 merce, Science, and Transportation of the Senate a report

9 that contains a detailed description of each airworthiness

10 and safety certification issued for a missile defense system

11 for commercial aircraft.

12 SEC. 5. PROGRAMS TO REDUCE MANPADS.

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

14 pursue strong programs to reduce the number of

15 MANPADSs worldwide so that fewer MANPADSs will be

16 available for trade, proliferation, and sale.

17 (b) REPORTING AND BRIEFING REQUIREMENTS.—

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

19 this Act, the President shall transmit to the appropriate

20 congressional committees a report that contains a detailed

21 description of the status of the programs being pursued

22 under subsection (a). Annually thereafter until the pro23 grams are no longer needed, the Secretary of State shall

24 brief the appropriate congressional committees on the sta25 tus of programs.
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1 (c) FUNDING.—There is authorized to be appro2 priated such sums as may be necessary to carry out this

3 section.

4 SEC. 6. MANPADS VULNERABILITY ASSESSMENTS REPORT.

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

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

7 Security shall transmit to the Committee on Transpor8 tation and Infrastructure of the House of Representatives

9 and the Committee on Commerce, Science, and Transpor10 tation of the Senate a report describing the Department

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

12 aircraft arriving and departing from airports against

13 MANPADSs attacks.

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

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

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

17 conduct MANPADSs vulnerability assessments at

18 United States airports at which the Department is

19 conducting assessments.

20 (2) How intelligence is shared between the

21 United States intelligence agencies and Federal,

22 State, and local law enforcement to address the

23 MANPADS threat and potential ways to improve

24 such intelligence sharing.
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1 (3) Contingency plans that the Department has

2 developed in the event that it receives intelligence in3 dicating a high threat of a MANPADS attack on

4 aircraft at or near United States airports.

5 (4) The feasibility and effectiveness of imple6 menting public education and neighborhood watch

7 programs in areas surrounding United States air8 ports in cases in which intelligence reports indicate

9 there is a high risk of MANPADS attacks on air10 craft.

11 (5) Any other issues that the Secretary deems

12 relevant.

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

14 may be submitted in a classified format.

15 SEC. 7. DEFINITIONS.

16 In this Act, the following definitions apply:

17 (1) APPROPRIATE CONGRESSIONAL COMMIT18 TEES.—The term ‘‘appropriate congressional com19 mittees’’ means—

20 (A) the Committee on Armed Services, the

21 Committee on International Relations, and the

22 Committee on Transportation and Infrastruc23 ture of the House of Representatives; and

24 (B) the Committee on Armed Services, the

25 Committee on Foreign Relations, and the Com-
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1 mittee on Commerce, Science, and Transpor2 tation of the Senate.

3 (2) MANPADS.—The term ‘‘MANPADS’’

4 means—

5 (A) a surface-to-air missile system de6 signed to be man-portable and carried and fired

7 by a single individual; and

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

9 designed to be operated and fired by more than

10 one individual acting as a crew and portable by

11 several individuals.

Passed the House of Representatives July 22, 2004.

Attest:

Clerk.