108TH CONGRESS
2D SESSION
H. R. 4056
AN ACT
To encourage the establishment of both long-term and short-
term programs to address the threat of man-portable
air defense systems (MANPADSs) to commercial avia-
tion.
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) MANPADSs constitute a threat to military
and civilian aircraft.
(2) The threat posed by MANPADSs requires
the development of both short-term and long-term
plans.
(3) The threat posed by MANPADSs requires
an international as well as domestic response.
(4) There should be an international effort to
address the issues of MANPADSs proliferation and
defense.
(5) The Government is pursuing and should
continue to pursue diplomatic efforts to prevent the
proliferation of MANPADSs.
SEC. 3. UNITED STATES POLICY ON NONPROLIFERATION
AND EXPORT CONTROL.
(a) TO LIMIT AVAILABILITY
AND TRANSFER
OF
MANPADS.—The President shall pursue, on an urgent
basis, further strong international diplomatic and coopera-
tive efforts, including bilateral and multilateral treaties,
in the appropriate forum to limit the availability, transfer,
and proliferation of MANPADSs worldwide.
(b) 
TO
LIMIT
THE
PROLIFERATION
OF
MANPADS.—The President is encouraged to seek to
enter into agreements with the governments of foreign
countries that, at a minimum, would—
(1) prohibit the entry into force of a
MANPADS manufacturing license agreement and
MANPADS co-production agreement, other than the
entry into force of a manufacturing license or co-
production agreement with a country that is party to
such an agreement;
(2) prohibit, except pursuant to transfers be-
tween governments, the export of a MANPADS, in-
cluding any component, part, accessory, or attach-
ment thereof, without an individual validated license;
and
(3) prohibit the re-export or retransfer of a
MANPADS, including any component, part, acces-
sory, or attachment thereof, to a third person, orga-
nization, or government unless the written consent
of the government that approved the original export
or transfer is first obtained.
(c) TO ACHIEVE DESTRUCTION OF MANPADS.—
The President should continue to pursue further strong
international diplomatic and cooperative efforts, including
bilateral and multilateral treaties, in the appropriate
forum to assure the destruction of excess, obsolete, and
illicit stocks of MANPADSs worldwide.
(d) REPORTING AND BRIEFING REQUIREMENT.—
(1) PRESIDENT’S REPORT.—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
description of the status of diplomatic efforts under
subsections (a), (b), and (c) and of efforts by the ap-
propriate United States agencies to comply with the
recommendations of the General Accounting Office
set forth in its report GAO-04-519, entitled ‘‘Non-
proliferation: Further Improvements Needed in U.S.
Efforts to Counter Threats from Man-Portable Air
Defense Systems’’.
(2) ANNUAL
BRIEFINGS.—Annually after the
date of submission of the report under paragraph
(1) and until completion of the diplomatic and com-
pliance efforts referred to in paragraph (1), the Sec-
retary of State shall brief the appropriate congres-
sional committees on the status of such 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 De-
partment of Homeland Security’s counter-man-portable
air defense system (MANPADS) development and dem-
onstration program, the Administrator of the Federal
Aviation Administration shall establish a process for con-
ducting airworthiness and safety certification of missile
defense systems for commercial aircraft certified as effec-
tive and functional by the Department of Homeland Secu-
rity. The process shall require a certification by the Ad-
ministrator that such systems can be safely integrated into
aircraft systems and ensure airworthiness and aircraft
system integrity.
(b) CERTIFICATION ACCEPTANCE.—Under the proc-
ess, the Administrator shall accept the certification of the
Department of Homeland Security that a missile defense
system is effective and functional to defend commercial
aircraft against MANPADSs.
(c) EXPEDITIOUS CERTIFICATION.—Under the proc-
ess, the Administrator shall expedite the airworthiness and
safety certification of missile defense systems for commer-
cial aircraft certified by the Department of Homeland Se-
curity.
(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 Com-
merce, 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
pursue strong programs to reduce the number of
MANPADSs worldwide so that fewer MANPADSs 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
congressional committees a report that contains a detailed
description of the status of the programs being pursued
under subsection (a). Annually thereafter until the pro-
grams are no longer needed, the Secretary of State shall
brief the appropriate congressional committees on the sta-
tus of programs.
(c) FUNDING.—There is authorized to be appro-
priated 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 Transpor-
tation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transpor-
tation 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
MANPADSs 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
conduct MANPADSs vulnerability assessments at
United States airports at which the Department is
conducting 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 a MANPADS attack on
aircraft at or near United States airports.
(4) The feasibility and effectiveness of imple-
menting public education and neighborhood watch
programs in areas surrounding United States air-
ports in cases in which intelligence reports indicate
there is a high risk of MANPADS attacks on air-
craft.
(5) Any other issues that the Secretary deems
relevant.
(c) FORMAT.—The report required by this section
may be submitted in a classified format.
SEC. 7. DEFINITIONS.
In this Act, the following definitions apply:
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means—
(A) the Committee on Armed Services, the
Committee on International Relations, and the
Committee on Transportation and Infrastruc-
ture of the House of Representatives; and
(B) the Committee on Armed Services, the
Committee on Foreign Relations, and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate.
(2) 
MANPADS.—The 
term 
‘‘MANPADS’’
means—
(A) a surface-to-air missile system de-
signed to be man-portable and carried and fired
by a single individual; and
(B) any other surface-to-air missile system
designed to be operated and fired by more than
one individual acting as a crew and portable by
several individuals.
Passed the House of Representatives July 22, 2004.
Attest:
Clerk.