[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5333 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5333

 To reduce the threat of terrorists acquiring shoulder-fired missiles.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2006

 Mr. Royce (for himself, Mr. Sherman, Mr. Weller, Mr. Lantos, Ms. Ros-
Lehtinen, Ms. Watson, Mr. Issa, Mr. Cardoza, Mr. Poe, Mr. McCotter, Mr. 
  Wilson of South Carolina, Mr. Israel, and Ms. Bean) introduced the 
 following bill; which was referred to the Committee on International 
                               Relations

_______________________________________________________________________

                                 A BILL


 
 To reduce the threat of terrorists acquiring shoulder-fired missiles.

    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 ``Shoulder-Fired Missile Threat 
Reduction Act of 2006''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 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; or
                    (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.
            (2) Conventional weapons.--The term ``conventional 
        weapons'' means rocket propelled grenades, landmines, abandoned 
        stocks of munitions, and other weapons the Secretary of State 
        determines the proliferation of which undermines international 
        peace and stability.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The global proliferation of man-portable air defense 
        systems (MANPADS) and other conventional weapons poses a direct 
        threat to the national security of the United States.
            (2) The use of MANPADS and other conventional weapons by 
        terrorists and insurgent groups continues to hamper United 
        States efforts to achieve peace and security in Iraq and 
        Afghanistan.
            (3) More than two-dozen terrorist groups, including al-
        Qaeda, are believed to possess MANPADS.
            (4) On November 28, 2002, in Mombasa, Kenya, two shoulder-
        fired missiles were fired at a departing civilian airliner in 
        an unsuccessful attack claimed by al-Qaeda.
            (5) A successful terrorist attack with a shoulder-fired 
        missile against a civilian airliner would have devastating 
        human and incalculable economic costs.
            (6) The Government Accountability Office has estimated that 
        there are between 500,000 and 750,000 MANPADS in countries 
        around the world, with a few thousand outside government 
        controls and thousands more under government controls but 
        vulnerable to theft and possible transfer to terrorist groups 
        due to inadequate security.
            (7) Many countries that possess stocks of MANPADS and other 
        conventional weapons no longer require such weapons for their 
        own security or self-defense, but do not possess the means to 
        eliminate or safeguard such weapons systems.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) where appropriate, the United States Government should 
        provide assistance to countries seeking to secure, remove, or 
        eliminate stocks of MANPADS and other conventional weapons that 
        pose a proliferation threat;
            (2) where appropriate, the Secretary of State should direct 
        United States Ambassadors to such countries to negotiate with 
        appropriate officials of their host countries to offer 
        assistance to secure, remove, and eliminate stocks of MANPADS 
        and other conventional weapons that pose a proliferation 
        threat; and
            (3) in light of the clear links between global networks of 
        terrorism and global networks of the illegal trade in 
        conventional weapons, the United States Government should place 
        consistent, broad, and continued emphasis on combating the 
        proliferation of MANPADS and other conventional weapons within 
        the broader nonproliferation strategy of the United States.

SEC. 5. STATEMENT OF POLICY.

    It is the policy of the United States to assist the governments of 
other countries to secure, remove, or eliminate stocks of MANPADS and 
other conventional weapons that pose a proliferation threat, local or 
regional security threat, or humanitarian threat.

SEC. 6. GLOBAL PROGRAM FOR THE SAFEGUARDING AND ELIMINATION OF MANPADS 
              AND CONVENTIONAL WEAPONS.

    (a) In General.--The Secretary of State is authorized to carry out 
an accelerated global program to secure, remove, or eliminate stocks of 
MANPADS and other conventional weapons, as well as related equipment 
and facilities, that are determined by the Secretary to pose a 
proliferation threat, local or regional security threat, or 
humanitarian threat.
    (b) Program Elements.--The program authorized under subsection (a) 
may include the following activities:
            (1) Programs to assist countries to secure, remove, and 
        eliminate MANPADS and other conventional weapons, including 
        programs related to the safe handling and proper storage of 
        such MANPADS and other conventional weapons.
            (2) Cooperative programs with the North Atlantic Treaty 
        Organization, Organization for Security and Cooperation in 
        Europe, and other international organizations to assist 
        countries in the secure handling and proper storage, removal, 
        or elimination of MANPADS and other conventional weapons.
            (3) Programs for the management, including inventory and 
        accounting procedures, of MANPADS and other conventional 
        weapons at locations where United States funds have been used 
        to provide for the security of such weapons.
            (4) Actions to ensure that equipment and funds, including 
        security upgrades at locations for the storage, removal, or 
        elimination of MANPADS and other conventional weapons and 
        related equipment that are determined by the Secretary of State 
        to pose a proliferation threat, local or regional security 
        threat, or humanitarian threat, continue to be used for 
        authorized purposes.

SEC. 7. IMPOSITION OF SANCTIONS TO DETER THE TRANSFER OF MANPADS.

    (a) Statement of Policy.--Congress declares that it should be the 
policy of the United States to hold foreign governments accountable for 
knowingly transferring MANPADS to state-sponsors of terrorism or 
terrorist organizations.
    (b) Determination Relating to Sanctions.--
            (1) In general.--If the President determines that a foreign 
        government knowingly transfers MANPADS to a foreign government 
        described in paragraph (2) or a terrorist organization, the 
        President shall--
                    (A) submit forthwith to the Committee on 
                International Relations of the House of Representatives 
                and the Committee on Foreign Relations of the Senate a 
                report containing such determination; and
                    (B) impose forthwith on the transferring foreign 
                government the sanctions described in subsection (c).
            (2) Foreign government described.--A foreign government 
        described in this paragraph is a foreign government that the 
        Secretary of State has determined, for purposes of section 6(j) 
        of the Export Administration Act of 1979, section 620A of the 
        Foreign Assistance Act of 1961, section 40 of the Arms Export 
        Control Act, or any other provision of law, is a government 
        that has repeatedly provided support for acts of international 
        terrorism.
    (c) Sanctions Described.--The sanctions referred to in subsection 
(b)(1)(B) are the following:
            (1) Termination of United States Government assistance to 
        the transferring foreign government under the Foreign 
        Assistance Act of 1961, except that such termination shall not 
        apply in the case of humanitarian assistance.
            (2) Termination of United States Government--
                    (A) sales to the transferring foreign government of 
                any defense articles, defense services, or design and 
                construction services; and
                    (B) licenses for the export to the transferring 
                foreign government of any item on the United States 
                Munitions List.
            (3) Termination of all foreign military financing for the 
        transferring foreign government.
    (d) Waiver.--Notwithstanding any other provision of law, sanctions 
shall not be imposed on a transferring foreign government under this 
section if the President determines and certifies in writing to the 
Committee on International Relations of the House of Representatives 
and the Committee on Foreign Relations of the Senate that the 
furnishing of the assistance, sales, licensing, or financing that would 
otherwise be suspended as a result of the imposition of such sanctions 
is important to the national security interests of the United States.
    (e) Definitions.--In this section:
            (1) Defense article.--The term ``defense article'' has the 
        meaning given the term in section 47(3) of the Arms Export 
        Control Act.
            (2) Defense service.--The term ``defense service'' has the 
        meaning given the term in section 47(4) of the Arms Export 
        Control Act.
            (3) Design and construction services.--The term ``design 
        and construction services'' has the meaning given the term in 
        section 47(8) of the Arms Export Control Act.
            (4) Foreign government.--The term ``foreign government'' 
        includes any agency or instrumentality of a foreign government.

SEC. 8. MULTILATERAL EFFORTS TO LIMIT THE AVAILABILITY AND TRANSFER OF 
              MANPADS.

    (a) Findings.--Congress finds the following:
            (1) The United States Government has begun to pursue 
        commitments from countries in multilateral forums to limit the 
        availability, transfer, and proliferation of MANPADS worldwide.
            (2) However, multilateral forums lack mechanisms for 
        assessing member countries' compliance with such diplomatic 
        commitments.
    (b) Sense of Congress.--It is the sense of Congress that the United 
States Government should continue to pursue strengthened international 
diplomatic efforts in the appropriate fora to limit the availability, 
transfer, and proliferation of MANPADS worldwide and to exert 
appropriate diplomatic pressure to influence member country compliance 
with such efforts.

SEC. 9. REPORT ON MANPADS AND CONVENTIONAL WEAPONS THREAT REDUCTION.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act and as circumstances warrant thereafter, the 
Secretary of State, in consultation with other appropriate government 
agencies, shall submit to the Committee on International Relations and 
the Committee on Appropriations of the House of Representatives and the 
Committee on Foreign Relations and the Committee on Appropriations of 
the Senate a report on MANPADS and other conventional weapons threat 
reduction.
    (b) Contents.--The report required under subsection (a) shall 
include the following information for the period preceding each such 
report:
            (1) A description of efforts undertaken by the Secretary of 
        State regarding MANPADS and other conventional weapons threat 
        reduction.
            (2) A description, on a country-by-country basis, of the 
        implementation of a global strategy for the storage, removal, 
        and elimination of MANPADS and other conventional weapons, 
        including, to the extent possible, a prioritization of such 
        storage, removal, and elimination efforts with respect to the 
        proliferation sensitivity of such weapons in each country and 
        the potential impact of such efforts on local and regional 
        security.
            (3) A description of multilateral efforts pursued by the 
        United States Government to limit the availability, transfer, 
        and proliferation of MANPADS worldwide, and a strategy to 
        establish mechanisms to monitor and report on--
                    (A) countries' implementation of their commitments 
                to limit such availability, transfer, and 
                proliferation; and
                    (B) the impact such implementation of commitments 
                has on the flow of MANPADS to black and gray markets.
            (4) A description and evaluation of the access of 
        terrorists, non-state actors, and state sponsors of terrorism 
        to MANPADS, their methods to acquire MANPADS, and a strategy 
        for disrupting future access to MANPADS.
            (5) An evaluation of the extent to which activities 
        authorized by this Act and other United States Government 
        programs are integrated to ensure that the conventional weapons 
        threat reduction efforts of the United States Government are 
        consistent with United States policy and goals in countries 
        receiving assistance through such activities.
    (c) Form.--The report required under subsection (a) shall be in 
unclassified form, but shall contain a classified annex, as 
appropriate.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to amounts that are otherwise 
authorized to be appropriated to the Nonproliferation, Anti-Terrorism, 
Demining, and Related Programs account of the Department of State, 
there is authorized to be appropriated $15,000,000 for fiscal year 2007 
and $20,000,000 for fiscal year 2008 for activities related to the 
securing, removal, or elimination of stocks of MANPADS and other 
conventional weapons and related equipment and facilities.
    (b) Additional Authorities.--Amounts appropriated pursuant to 
subsection (a)--
            (1) are authorized to be made available notwithstanding any 
        other provision of law; and
            (2) are authorized to remain available until expended.
                                 <all>