I 108th CONGRESS 2d Session H. R. 4056 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 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.

1.

Short title

This Act may be cited as the &short-title1;.

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 address the issues of MANPADS proliferation and defense. (5)The Government is pursuing and should continue to pursue diplomatic efforts to prevent the proliferation of MANPADS.

3.

International cooperative efforts

(a)

To limit availability and transfer of MANPADS

The President is encouraged to pursue further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to limit the availability, transfer, and proliferation of MANPADS worldwide. (b)

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 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 congressional committees a report that contains a detailed description of the status of diplomatic efforts under subsections (a) and (b). Annually thereafter until completion of such diplomatic efforts, the Secretary of State shall brief the appropriate congressional committees on the status of such diplomatic efforts.

4.

FAA airworthiness certification of missile defense systems for commercial aircraft

(a)

In general

Not later than 30 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a process for conducting airworthiness and safety certification of missile defense systems for commercial aircraft. (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 does not pose a danger when used to defend commercial aircraft against MANPADS. (c)

Expeditious certification

Under the process, the Administrator shall expedite the airworthiness and safety certification of missile defense systems for commercial aircraft. (d)

Reports

Not later than 180 days after the initiation of certification procedures for missile defense systems for commercial aircraft, and every 6 months thereafter until complete, 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 the status of airworthiness and safety certification.

5.

Programs to reduce MANPADS

(a)

In general

The President is encouraged to pursue 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 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.

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 conduct MANPADS 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 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.

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 man-portable air defense systems, which are shoulder-fired, surface-to-air missile systems that can be carried and transported by a person.