IB 

Union Calendar No. 330

108TH CONGRESS 

2D SESSION H. R. 4056

[Report No. 108–565, Part I] 

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 

JUNE 23, 2004

Additional sponsors: Mr. MCINNIS and Mr. BURGESS

JUNE 23, 2004

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JUNE 23, 2004

Referral to the Committee on International Relations extended for a period 

ending not later than June 23, 2004

JUNE 23, 2004

Committee on International Relations discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 
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[For text of introduced bill, see copy of bill as introduced on March 30, 2004] 

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: 

8 (1) MANPADS constitute a threat to military 

9 and civilian aircraft. 

10 (2) The threat posed by MANPADS requires the 

11 development of both short-term and long-term plans. 

12 (3) The threat posed by MANPADS requires an 

13 international as well as domestic response. 

14 (4) There should be an international effort to ad15 dress the issues of MANPADS proliferation and de16 fense. 

17 (5) The Government is pursuing and should con18 tinue to pursue diplomatic efforts to prevent the pro19 liferation of MANPADS. 
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1 SEC. 3. INTERNATIONAL COOPERATIVE EFFORTS. 

2 (a) TO LIMIT AVAILABILITY AND TRANSFER OF

3 MANPADS.—The President is encouraged to pursue fur4 ther strong international diplomatic and cooperative efforts, 

5 including bilateral and multilateral treaties, in the appro6 priate forum to limit the availability, transfer, and pro7 liferation of MANPADS worldwide. 

8 (b) TO ACHIEVE DESTRUCTION OF MANPADS.—The 

9 President should continue to pursue further strong inter10 national diplomatic and cooperative efforts, including bi11 lateral and multilateral treaties, in the appropriate forum 

12 to assure the destruction of excess, obsolete, and illicit stocks 

13 of MANPADS worldwide. 

14 (c) REPORTING AND BRIEFING REQUIREMENTS.—Not 

15 later than 180 days after the date of enactment of this Act, 

16 the President shall transmit to the appropriate congres17 sional committees a report that contains a detailed descrip18 tion of the status of diplomatic efforts under subsections (a) 

19 and (b). Annually thereafter until completion of such diplo20 matic efforts, the Secretary of State shall brief the appro21 priate congressional committees on the status of such diplo22 matic 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 Depart6 ment of Homeland Security’s counter-man-portable air de7 fense system (MANPADS) development and demonstration 

8 program, the Administrator of the Federal Aviation Admin9 istration shall establish a process for conducting airworthi10 ness and safety certification of missile defense systems for 

11 commercial aircraft certified as effective and functional by 

12 the Department of Homeland Security. The process shall 

13 require a certification by the Administrator that such sys14 tems can be safely integrated into aircraft systems and en15 sure airworthiness and aircraft system integrity. 

16 (b) CERTIFICATION ACCEPTANCE.—Under the process, 

17 the Administrator shall accept the certification of the De18 partment of Homeland Security that a missile defense sys19 tem is effective and functional to defend commercial air20 craft against MANPADS. 

21 (c) EXPEDITIOUS CERTIFICATION.—Under the process, 

22 the Administrator shall expedite the airworthiness and safe23 ty certification of missile defense systems for commercial 

24 aircraft certified by the Department of Homeland Security. 

25 (d) REPORTS.—Not later than 90 days after the first 

26 airworthiness and safety certification for a missile defense 
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1 system for commercial aircraft is issued by the Adminis2 trator, and annually thereafter until December 31, 2008, 

3 the Federal Aviation Administration shall transmit to the 

4 Committee on Transportation and Infrastructure of the 

5 House of Representatives and the Committee on Commerce, 

6 Science, and Transportation of the Senate a report that 

7 contains a detailed description of each airworthiness and 

8 safety certification issued for a missile defense system for 

9 commercial aircraft. 

10 SEC. 5. PROGRAMS TO REDUCE MANPADS. 

11 (a) IN GENERAL.—The President is encouraged to pur12 sue strong programs to reduce the number of MANPADS 

13 worldwide so that fewer MANPADS will be available for 

14 trade, proliferation, and sale. 

15 (b) REPORTING AND BRIEFING REQUIREMENTS.—Not 

16 later than 180 days after the date of enactment of this Act, 

17 the President shall transmit to the appropriate congres18 sional committees a report that contains a detailed descrip19 tion of the status of the programs being pursued under sub20 section (a). Annually thereafter until the programs are no 

21 longer needed, the Secretary of State shall brief the appro22 priate congressional committees on the status of programs. 

23 (c) FUNDING.—There is authorized to be appropriated 

24 such sums as may be necessary to carry out this section. 
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1 SEC. 6. MANPADS VULNERABILITY ASSESSMENTS REPORT. 

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

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

4 Security shall transmit to the Committee on Transportation 

5 and Infrastructure of the House of Representatives and the 

6 Committee on Commerce, Science, and Transportation of 

7 the Senate a report describing the Department of Homeland 

8 Security’s plans to secure airports and the aircraft arriving 

9 and departing from airports against MANPADS attacks. 

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

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

12 (1) The status of the Department’s efforts to con13 duct MANPADS vulnerability assessments at United 

14 States airports at which the Department is con15 ducting assessments. 

16 (2) How intelligence is shared between the 

17 United States intelligence agencies and Federal, 

18 State, and local law enforcement to address the 

19 MANPADS threat and potential ways to improve 

20 such intelligence sharing. 

21 (3) Contingency plans that the Department has 

22 developed in the event that it receives intelligence in23 dicating a high threat of MANPADS attack on air24 craft at or near United States airports. 

25 (4) The feasibility and effectiveness of imple26 menting public education and neighborhood watch 
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1 programs in areas surrounding United States air2 ports in cases in which intelligence reports indicate 

3 there is a high risk of MANPADS attacks on aircraft. 

4 (5) Any other issues that the Secretary deems 

5 relevant. 

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

7 be submitted in a classified format. 

8 SEC. 7. DEFINITIONS. 

9 In this Act, the following definitions apply: 

10 (1) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional commit12 tees’’ means—

13 (A) the Committee on Armed Services, the 

14 Committee on International Relations, and the 

15 Committee on Transportation and Infrastructure 

16 of the House of Representatives; and 

17 (B) the Committee on Armed Services, the 

18 Committee on Foreign Relations, and the Com19 mittee on Commerce, Science, and Transpor20 tation of the Senate. 

21 (2) MANPADS.—The term ‘‘MANPADS’’ 

22 means—

23 (A) surface-to-air missile systems designed 

24 to be man-portable and carried and fired by a 

25 single individual; and 
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1 (B) any other surface-to-air missile systems 

2 designed to be operated and fired by more than 

3 one individual acting as a crew and portable by 

4 several individuals. 

Union Calendar No. 330

108TH CONGRESS 

2D SESSION H. R. 4056

[Report No. 108–565, Part I] 

A BILL

To encourage the establishment of both long-term 

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

JUNE 23, 2004

Reported from the Committee on Transportation and 

Infrastructure with an amendment 

Referral to the Committee on International Relations ex2004 tended for a period ending not later than June 23, Committee on International Relations discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the