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 fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committee on International Rela-
tions, 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
[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 short-
term programs to address the threat of man-portable 
air defense systems (MANPADS) to commercial aviation.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Commercial Aviation 
MANPADS Defense Act of 2004’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) MANPADS constitute a threat to military 
and civilian aircraft. 
(2) The threat posed by MANPADS requires the 
development of both short-term and long-term plans. 
(3) The threat posed by MANPADS requires an 
international as well as domestic response. 
(4) There should be an international effort to ad-
dress the issues of MANPADS proliferation and de-
fense. 
(5) The Government is pursuing and should con-
tinue to pursue diplomatic efforts to prevent the pro-
liferation of MANPADS.
SEC. 3. INTERNATIONAL COOPERATIVE EFFORTS. 
(a) TO
LIMIT
AVAILABILITY
AND
TRANSFER
OF 
MANPADS.—The President is encouraged to pursue fur-
ther strong international diplomatic and cooperative efforts, 
including bilateral and multilateral treaties, in the appro-
priate forum to limit the availability, transfer, and pro-
liferation of MANPADS worldwide. 
(b) TO ACHIEVE DESTRUCTION OF MANPADS.—The 
President should continue to pursue further strong inter-
national diplomatic and cooperative efforts, including bi-
lateral and multilateral treaties, in the appropriate forum 
to assure the destruction of excess, obsolete, and illicit stocks 
of MANPADS worldwide. 
(c) REPORTING AND BRIEFING REQUIREMENTS.—Not 
later than 180 days after the date of enactment of this Act, 
the President shall transmit to the appropriate congres-
sional committees a report that contains a detailed descrip-
tion of the status of diplomatic efforts under subsections (a) 
and (b). Annually thereafter until completion of such diplo-
matic efforts, the Secretary of State shall brief the appro-
priate congressional committees on the status of such diplo-
matic efforts.
SEC. 4. FAA AIRWORTHINESS CERTIFICATION OF MISSILE 
DEFENSE SYSTEMS FOR COMMERCIAL AIR-
CRAFT. 
(a) IN GENERAL.—As soon as practicable, but not 
later than, the date of completion of Phase II of the Depart-
ment of Homeland Security’s counter-man-portable air de-
fense system (MANPADS) development and demonstration 
program, the Administrator of the Federal Aviation Admin-
istration shall establish a process for conducting airworthi-
ness and safety certification of missile defense systems for 
commercial aircraft certified as effective and functional by 
the Department of Homeland Security. The process shall 
require a certification by the Administrator that such sys-
tems can be safely integrated into aircraft systems and en-
sure airworthiness and aircraft system integrity. 
(b) CERTIFICATION ACCEPTANCE.—Under the process, 
the Administrator shall accept the certification of the De-
partment of Homeland Security that a missile defense sys-
tem is effective and functional to defend commercial air-
craft against MANPADS. 
(c) EXPEDITIOUS CERTIFICATION.—Under the process, 
the Administrator shall expedite the airworthiness and safe-
ty certification of missile defense systems for commercial 
aircraft certified by the Department of Homeland Security. 
(d) REPORTS.—Not later than 90 days after the first 
airworthiness and safety certification for a missile defense
system for commercial aircraft is issued by the Adminis-
trator, and annually thereafter until December 31, 2008, 
the Federal Aviation Administration shall transmit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report that 
contains a detailed description of each airworthiness and 
safety certification issued for a missile defense system for 
commercial aircraft. 
SEC. 5. PROGRAMS TO REDUCE MANPADS. 
(a) IN GENERAL.—The President is encouraged to pur-
sue strong programs to reduce the number of MANPADS 
worldwide so that fewer MANPADS will be available for 
trade, proliferation, and sale. 
(b) REPORTING AND BRIEFING REQUIREMENTS.—Not 
later than 180 days after the date of enactment of this Act, 
the President shall transmit to the appropriate congres-
sional committees a report that contains a detailed descrip-
tion of the status of the programs being pursued under sub-
section (a). Annually thereafter until the programs are no 
longer needed, the Secretary of State shall brief the appro-
priate congressional committees on the status of programs. 
(c) FUNDING.—There is authorized to be appropriated 
such sums as may be necessary to carry out this section.
SEC. 6. MANPADS VULNERABILITY ASSESSMENTS REPORT. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Secretary of Homeland 
Security shall transmit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate a report describing the Department of Homeland 
Security’s plans to secure airports and the aircraft arriving 
and departing from airports against MANPADS attacks. 
(b) MATTERS TO BE ADDRESSED.—The Secretary’s 
report shall address, at a minimum, the following: 
(1) The status of the Department’s efforts to con-
duct MANPADS vulnerability assessments at United 
States airports at which the Department is con-
ducting assessments. 
(2) How intelligence is shared between the 
United States intelligence agencies and Federal, 
State, and local law enforcement to address the 
MANPADS threat and potential ways to improve 
such intelligence sharing. 
(3) Contingency plans that the Department has 
developed in the event that it receives intelligence in-
dicating a high threat of MANPADS attack on air-
craft at or near United States airports. 
(4) The feasibility and effectiveness of imple-
menting public education and neighborhood watch