[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4056 Referred in Senate (RFS)]
2d Session
H. R. 4056
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 7, 2004
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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 aviation.
Be it enacted by the Senate and House of Representatives 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 cooperative 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 between
governments, the export of a MANPADS, including any component,
part, accessory, or attachment thereof, without an individual
validated license; and
(3) prohibit the re-export or retransfer of a MANPADS,
including any component, part, accessory, or attachment
thereof, to a third person, organization, 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 congressional 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
appropriate United States agencies to comply with the
recommendations of the General Accounting Office set forth in
its report GAO-04-519, entitled ``Nonproliferation: 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 compliance efforts referred to
in paragraph (1), the Secretary of State shall brief the
appropriate congressional committees on the status of such
efforts.
SEC. 4. FAA AIRWORTHINESS CERTIFICATION OF MISSILE DEFENSE SYSTEMS FOR
COMMERCIAL AIRCRAFT.
(a) In General.--As soon as practicable, but not later than, the
date of completion of Phase II of the Department of Homeland Security's
counter-man-portable air defense system (MANPADS) development and
demonstration program, the Administrator of the Federal Aviation
Administration shall establish a process for conducting airworthiness
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 systems can be safely integrated into aircraft
systems and ensure airworthiness and aircraft system integrity.
(b) Certification Acceptance.--Under the process, 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 process, the
Administrator shall expedite the airworthiness and safety 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 Administrator, 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 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 programs are no longer
needed, the Secretary of State shall brief the appropriate
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 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 indicating a high
threat of a MANPADS attack on aircraft at or near United States
airports.
(4) The feasibility and effectiveness of implementing
public education and neighborhood watch programs in areas
surrounding United States airports in cases in which
intelligence reports indicate there is a high risk of MANPADS
attacks on aircraft.
(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 committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on International Relations, and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Commerce,
Science, and Transportation of the Senate.
(2) MANPADS.--The term ``MANPADS'' means--
(A) a surface-to-air missile system designed 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:
JEFF TRANDAHL,
Clerk.