[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.
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