[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.