HR 4056 RFS
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
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.