[Congressional Record Volume 150, Number 102 (Wednesday, July 21, 2004)]
[House]
[Pages H6503-H6508]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            COMMERCIAL AVIATION MANPADS DEFENSE ACT OF 2004

  Mr. MICA. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4056) 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, as amended.
  The Clerk read as follows:

                               H.R. 4056

       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.

[[Page H6504]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Mica) and the gentleman from Oregon (Mr. DeFazio) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Mica).
  Mr. MICA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 4056, which is entitled the 
Commercial Aviation MANPADS Defense Act. Again, MANPADS stands for man-
portable air defense systems. It is also an acronym for shoulder-
launched missiles.
  There are two significant threats to commercial aviation today: first 
of all, there is the threat of explosives carried on board a civil 
aviation aircraft; and then there is the second significant threat 
which is shoulder-fired missiles. The legislation before us tonight 
addresses one of those issues, the growing terrorist MANPADS threat. It 
addresses four different problems that we face with this threat.
  First of all, most of the Members may be aware that the 
administration has launched, with Congress' urging, an extensive 
research and development program, and that program has been expedited 
to develop a shoulder-launched missile defensive system to put on our 
commercial aircraft.
  But the number one problem that we face even if we finish the 
research and development of that system today, the defensive system, is 
putting that system on an aircraft and getting it certified. So the 
first front and first problem that this bill addresses is an expedited 
FAA certification of an antimissile system that is currently being 
developed. The second part of this comprehensive piece of legislation 
deals with increasing multinational treaties and agreements to stem 
MANPADS and shoulder-launched missile proliferation.
  We know and we have been told even with the conflict in the Middle 
East that there are a great number of

[[Page H6505]]

MANPADS available on the world market. We must do everything possible 
to stop the proliferation of them, and this encourages multinational 
treaties and agreements.
  And, third, encouraging MANPADS market acquisition. This is a buy-
back program. This legislation also requests the administration and 
those involved in buy-back programs to continue and expand those 
programs. And then the fourth part about this is that we know that 
these defensive systems that we can put on aircraft are a good step 
forward, we know that multilateral agreements and cooperation will 
bring MANPADS out of the market and we know that the buy-back program 
will work, but we still are at risk and we know that these systems even 
when fully developed do not cover us for all types of attack and the 
fourth part of this legislation promotes ground-based systems. So we 
look at another protective layer in the threat that we face.
  While it may be difficult to attack domestic aviation in light of the 
current security measures that we have put in place, the availability 
of MANPADS weapons of terror is still a great cause for concern. This 
has been demonstrated repeatedly, most recently by the November 2002 
attack in Kenya, by the 2003 attack on the DHL plane in Baghdad, and 
also most recently in August of 2003 by the arrest in New York City of 
three men accused in a plot to smuggle shoulder-fired missiles into the 
United States.
  Last year at the direction of Congress, DHS began an aggressive 
research and development program to assess the viability of an 
antimissile technology for use in commercial aviation passenger 
aircraft. The administration's current $100 million research and 
development program and efforts to work through issues unique to our 
commercial aviation system and our commercial aircraft, I am pleased, 
are making very significant progress. We expect to have a 
recommendation on the viability, feasibility, and costs associated with 
these systems sometime next year. After that, these systems will need 
to be expeditiously FAA-certified for installation on our commercial 
aircraft.
  It is also necessary, I have said, that we keep these destructive 
weapons out of the hands of terrorists. Other alternatives to protect 
our airlines and our airports must also be explored. That is why I, 
along with the gentleman from Oregon (Mr. DeFazio) and the gentleman 
from New York (Mr. Israel), introduced H.R. 4056. This bill now is an 
interim solution and an interim measure addressing, again, problems 
that we face with this threat. It encourages continued actions to 
reduce the number of these weapons that are available to those who 
would do us harm.
  We have worked closely with the Committee on International Relations 
and the gentleman from Illinois (Chairman Hyde) to strengthen and 
clarify the provisions in the legislation dealing with international 
cooperative efforts. This bill makes clear that the administration must 
take additional steps to reduce the security risks created by shoulder-
launched missile systems. It also encourages strong international 
diplomatic and cooperative efforts to limit the proliferation of these 
MANPADS as well as the continuation of our programs, as I have said, 
that would help us reduce the number of shoulder-launched missiles 
worldwide. The bill also requires the FAA to expedite their 
airworthiness certification of the missile defense systems for our 
commercial aircraft.
  Finally, H.R. 4056 requires the Department of Homeland Security to 
report back to Congress within a year on the vulnerability assessment 
reports they are conducting at our airports throughout the United 
States and on how they are responding to the General Accounting 
Office's recommendations to prevent the proliferation of MANPADS.
  I want to take this opportunity to thank the gentleman from Oregon 
(Mr. DeFazio) and also the gentleman from New York (Mr. Israel) for 
their hard work on this bill. I also want to thank Transportation and 
Infrastructure Chairman Don Young and International Relations Chairman 
Henry Hyde for their cooperation and work.
  This measure takes several important steps in dealing with the 
MANPADS terrorist threat. It is a good bill, it is a bipartisan bill; 
and therefore I urge passage and adoption of H.R. 4056, as amended.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  I thank the gentleman from Florida for his leadership on this issue. 
He has raised this issue persistently, both in closed and open 
settings, with any and all officials who might be able to help us begin 
to deal more effectively with this growing threat.

                              {time}  1830

  I also want to thank the gentleman from New York, whom we will hear 
from in just a few moments, for his leadership and persistence on this 
issue.
  Many Americans are not particularly aware of this threat. We are 
talking about a threat that can be transported in something not much 
bigger than a golf bag, and in fact, some of the earlier versions of 
this weapon are available on the black market for not much more than a 
cheap set of golf clubs, not even a stand-up set of Calloways, but much 
less expensive clubs. So the proliferation, the availability, the 
portability, the concealability of these weapons is a major threat.
  We go on from there to the fact that they have been utilized more 
times than many would know. Over the last 25 years, it is estimated 
there have been, as mentioned, as many as 35 attempts to shoot down 
civilian aircraft resulting in the loss of 24 aircraft and 500 deaths, 
something again little known to most Americans and members of the 
flying public worldwide.
  Last November, a DHL Airbus A300 was severely damaged over Baghdad, 
actually losing hydraulics and flight controls after being hit by a 
missile. Having visited Iraq, where I was flown in on a propeller plane 
because they have less of a heat signature than a jet and having done 
the spiral-down over Baghdad, and that is an experience that all of our 
troops who have not come in by land have had in being deployed to 
Baghdad, one realizes the magnitude of this threat.
  The war has unleashed hundreds more of these missiles onto the black 
market in Iraq and the Middle East. Our friends, the Chinese, are 
counterfeiting some of the most effective and efficient versions of 
this missile produced by the Russians and the United States of America. 
As they are so good at counterfeiting, the Chinese have counterfeited 
them, and as usual, they are proliferating them into very uncontrolled 
and potentially problematic markets to clients who might use these in 
ways that are inimical to commercial aviation worldwide.
  So there is a real and growing threat. There is no simple solution. 
The technology that is being utilized by the military can be quite 
effective. It is not technology that is immediately transferrable to 
civilian aircraft, and the chairman has tried to deal with that in two 
different ways: one, with the development and testing of defensive 
systems; the other with the mandate that when systems do become 
available and viable that the FAA not take its usual 3 to 5 years to 
certify them, but in fact, that these be expedited on a basis far 
quicker than most technologies are certified by the FAA so they could 
become available to commercial aviation.
  The chairman has already raised the issue of buy-backs, particularly 
for the older versions of these missiles, not the new Chinese 
counterfeits, but the others. They could be bought for very little on 
the market, and that would be a wise way to begin to deal with the 
proliferation.
  International agreements, like other agreements, land mines, which 
unfortunately neither the Clinton administration nor the Bush 
administration has been willing to sign onto, but modeled on other 
international agreements, we could begin to rein in the proliferation 
of these weapons and their availability. Perhaps we could even get the 
attention of the Chinese for once, so that they would not be 
proliferating them.
  The other issue, as I said earlier, is that we need to continue to 
research new measures. This is not the only threat to civilian 
aviation, which both the chairman and I recognize. We are very worried 
about the threat of explosives that are carried or smuggled on

[[Page H6506]]

board airplanes, and there is much more that needs to be done there, 
which we have covered in a number of hearings and it is not appropriate 
to go into at this point in time. But this is yet another part of the 
threat which cannot be ignored.
  I, again, appreciate the chairman's leadership on this issue.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MICA. Mr. Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield 5 minutes to the gentleman from New 
York (Mr. Israel), who has been a leader on this issue; and it was his 
efforts, in good part, that have led us here this evening.
  Mr. ISRAEL. Mr. Speaker, I thank the gentleman for yielding me this 
time.
  And let me thank both the chairman and the ranking member for their 
extraordinary bipartisan leadership on this issue. It was an honor to 
work with both of them as an original cosponsor of this vital homeland 
security and national security measure. I am very proud to stand with 
them tonight in support of this legislation to protect America's flying 
public from the very real threat of shoulder-fired missiles.
  Mr. Speaker, I have said in the past that the proliferation of 
shoulder-fired missiles is so great and the risk is so high that we 
have to go on offense and defense at the same time. And that is exactly 
what this measure does.
  Intelligence officials have published estimates that there are 
roughly 500,000 portable shoulder-fired missiles available worldwide in 
the hands of 27 separate terrorist organizations, including al Qaeda. 
And as we have heard before, shoulder-fired missiles have already been 
used to shoot down commercial aircraft outside of the United States. 
Reports from the CIA, the State Department, and other government 
agencies indicate that shoulder-fired missiles have hit at least dozens 
of civilian aircraft since the 1970s and killed hundreds of people.
  I have heard on other occasions that it is better to attack 
terrorists there than here. And if we agree with that argument on the 
global war on terror, then certainly it should apply to how we approach 
the tools of terror, shoulder-fired missiles. In fact, when it comes to 
shoulder-fired missiles, we have to reduce the threat in both places 
and reduce that threat expeditiously.
  Here, it is essential that we accelerate our efforts to equip our 
planes with antimissile countermeasures, and that is why this bill 
includes provisions asking the FAA to accelerate the process for 
certifying defensive systems to protect against the terrorists of 
shoulder-fired missiles.
  And elsewhere in the world, we have to aggressively pursue the 
implementation of international treaties to control the proliferation 
of shoulder-fired missiles. Ultimately, this is a supply-and-demand 
issue, and American travelers will not be safe until we control both 
the supply and the demand.
  Just recently, the GAO reported that the United States needs to do 
more work within multilateral forums to establish mechanisms for 
assessing foreign governments' implementation of their commitments to 
reduce the proliferation of shoulder-fired missiles. According to that 
report, the State Department has led U.S. efforts to obtain commitments 
from member countries, the Group of Eight, the Asian Pacific Economic 
Cooperation summit, and others to strengthen export controls and 
security of MANPADS, but compliance with those commitments is entirely 
voluntary, and the forums lack mechanisms to verify that members 
implement those very commitments.
  This legislation requires the President to report on efforts to 
comply with recommendations contained in the GAO report on 
nonproliferation. It also encourages the President to pursue strong 
international diplomatic and cooperative efforts, including 
multilateral and bilateral treaties, to limit the availability, 
transfer, and proliferation of shoulder-fired missiles, to seek the 
destruction of excess, obsolete, and illicit shoulder-fired missiles; 
and it also expedites that FAA certification process for our planes 
here at home.
  Mr. Speaker, we cannot afford to wait until the day after a 
catastrophe to begin to act, and that is why passage of this bill 
tonight is so welcomed and so important.
  Once again, I want to applaud the efforts of the gentleman from 
Florida (Chairman Mica) and the gentleman from Oregon (Mr. DeFazio), 
the ranking member, for their leadership on this issue. I want to thank 
them for including me in this issue. I want to thank the House 
Committee on International Relations for their work, and I urge all of 
our colleagues to support this vitally important homeland security 
measure.
  Mr. MICA. Mr. Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I urge the House to adopt this measure.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. MICA. Mr. Speaker, I yield myself such time as I may consume.
  To close here, Mr. Speaker, first of all, I want to thank both the 
gentleman from New York (Mr. Israel) and the gentleman from Oregon (Mr. 
DeFazio) for their work. This is not a partisan issue. This is an issue 
in the best interest of this Nation.
  We have done things to make the traveling public who use aviation, 
which is so important to the economy of this Nation, safe. We have 
secured cockpit doors. We have air marshals on board. We have trained 
pilots to arm and defend their aircraft.
  So we have taken measures, and I think even passengers who fly would 
never knowingly allow an aircraft to be overtaken. So the threat is not 
that type of threat that we faced September 11, and we know terrorists 
are always looking one step ahead to do damage to us. So this is an 
important complement to what the administration has done.
  We have a $160 million research and development program to expedite 
producing defensive systems that can be used on commercial aircraft, 
and that is important. It gives us one more means of defense against a 
great terrorist threat.
  Will we be able to put these on every aircraft? No. Are we able to 
put an air marshal on every aircraft? No. Does this cost us money? Yes, 
it is going to cost us money. But stop to think of the cost of one 
commercial airline being blown out of the sky by a shoulder-launched 
missile.
  Eleven percent of our gross domestic product, the entire economy of 
this country, is really directly related and indirectly related to our 
aviation industry, jobs by the millions. And since September 11, we 
hear 3 million jobs. I guarantee that we could find 1\1/2\ to 2 million 
jobs that were lost just in aviation by the loss of four commercial 
aircraft.
  So we have lessons to learn, and I have brought to the floor, in 
closing, the Kenya missile attack in November of 2002 in Mombasa. Not 
one, but two shoulder-launched missiles were launched on that date 
against an Israeli commercial charter aircraft; and this was also timed 
with a ground attack where people were killed, but hundreds would have 
perished had they been successful here. This is in Kenya on another 
continent.
  However, even more recently, this is a DHL commercial airliner that 
left Baghdad in November, 2003, and was hit. So far, we have been 
lucky. So far, we have been fortunate. This aircraft also survived this 
terrorist attack. But we know there are more of these shoulder-launched 
missiles available on the open market than ever before.
  So the provision of the gentleman from New York (Mr. Israel) helps in 
getting international cooperation.
  And again I thank the gentleman from Oregon (Mr. DeFazio) for putting 
a broad-based measure together that will fill in the gaps to provide us 
one more layer of protection against a potential terrorist attack.
  Mr. Speaker, I insert in the Record at this point an exchange of 
letters between the gentleman from Alaska (Mr. Young), chairman of the 
Committee on Transportation and Infrastructure, and the gentleman from 
Illinois (Chairman Hyde) regarding H.R. 4056.
         House of Representatives, Committee on International 
           Relations,
                                    Washington, DC, June 21, 2004.
     Hon. Don Young,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Mr. Chairman: I have reviewed the text of H.R. 4056, 
     the ``Commercial Aviation

[[Page H6507]]

     MANPADS Defense Act of 2004,'' as ordered reported from the 
     Committee on Transportation and Infrastructure on May 12, 
     2004. The Committee on International Relations has 
     jurisdiction under Rule X over certain provisions of this 
     bill contained in Section 3, International Cooperative 
     Efforts and Section 5, Programs to Reduce MANPADS.
       Recognizing your wish that the House of Representatives 
     consider this critical bill as soon as possible, and noting 
     the continued strong spirit of cooperation between our 
     Committees, I will forego seeking a sequential referral of 
     H.R. 4056 for the Committee on International Relations. 
     However, waiving the Committee on International Relations' 
     right to a referral in this case does not waive the 
     Committee's jurisdiction over any provision in H.R. 4056 or 
     similar provisions in other bills. In addition, I ask that 
     you support my request to have the Committee on International 
     Relations represented on the conference on this bill, if a 
     conference is necessary. Finally, I ask that you include this 
     letter in the Congressional Record during the debate on this 
     bill.
       I appreciate your leadership and cooperation on this bill, 
     and I look forward to working with you to ensure that H.R. 
     4056 is enacted into law soon.
                                                    Henry J. Hyde,
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                    Washington, DC, June 23, 2004.
     Hon. Henry Hyde,
     Chairman, Committee on International Relations, Rayburn House 
         Office Building, House of Representatives, Washington, 
         DC.
       Dear Mr. Chairman: Thank you for your letter of June 21, 
     2004, regarding H.R. 4056, the ``Commercial Aviation MANPADS 
     Defense Act of 2004'', and for your willingness to waive 
     consideration of the provisions in the bill that fall within 
     your Committee's jurisdiction under House Rules.
       I agree that your waiving consideration of these provisions 
     of H.R. 4056 does not waive your Committee's jurisdiction 
     over the bill. I also acknowledge your right to seek 
     conferees on any provisions that are under your Committee's 
     jurisdiction during any House-Senate conference on H.R. 4056 
     or similar legislation, and will support your request for 
     conferees on such provisions.
       As you request, your letter and this response will be 
     included in the Record when the bill is considered in the 
     House.
       Thank you for your cooperation in moving this important 
     legislation to the House Floor.
           Sincerely,
                                                        Don Young,
                                                         Chairman.

  Mr. OBERSTAR. Mr. Speaker, I rise in support of H.R. 4056, the 
Commercial Aviation MANPADs Defense Act (CAMDA).
  Shoulder-fired missiles pose a serious threat to commercial aviation. 
Al Qaeda, through its actions, has clearly expressed the desire to 
strike at commercial aircraft with man-portable air defense systems, or 
MANPADs, and has trained its members to use them. Moreover, there is 
some evidence suggesting possible Al Qaeda links to two recent 
incidents involving MANPADs:
  In May 2002, a Saudi security patrol found a spent SA-7 tube inside a 
security fence at Prince Sultan Airbase;
  In November 2002, two shoulder-fired missiles were launched against a 
chartered Israeli Boeing 757-300 departing Kenya.
  MANPADs have proliferated into the hands of terrorists and 
insurgents. In fact, the number of MANPADs that cannot be accounted 
for--has greatly increased over the last year due largely to our war 
with Iraq.
  We also know that commercial aircraft are vulnerable. It has been 
estimated that over the last 25 years there have been as many as 35 
attempts to shoot down civilian aircraft, resulting in the loss of 24 
aircraft and 500 deaths. There is evidence to suggest that, in at least 
a few instances, multengine jets have been destroyed by MANPADs. And 
just last November, a DHL Airbus A-300 was severely damaged over 
Baghdad--actually losing hydraulics and flight controls--after being 
hit by a shoulder-fired missile.
  The bill now before us was introduced by Aviation Subcommittee 
Chairman Mica, Ranking Member DeFazio and Mr. Israel.
  The bill would require the President to pursue strong international 
diplomatic and cooperative efforts, including bilateral and 
multilateral treaties, that would limit the transfer and proliferation 
as well as encourage the destruction of MANPADs. This provision was 
inspired largely by our colleague from New York, Mr. Israel. Based on 
suggestions by our colleagues on the International Relations Committee, 
the bill has been amended to provide greater detail on the types of 
international cooperative and diplomatic measures the President should 
pursue.
  The Department of Homeland Security (DHS) is currently involved in a 
$120 million research effort to develop airborne antimissile defense 
countermeasures for commercial aircraft. CAMDA will expedite the 
Federal Aviation Administration (FAA) airworthiness and safety 
certification process for these cuontermeasure systems.
  CAMDA also encourages the President to pursue programs to reduce the 
number of MANPADs worldwide.
  Additionally, CAMDA requires the DHS to report to the House 
Transportation and Infrastructure Committee and the Senate Commerce 
Committee on the status of MANPAD vulnerability assessments that it is 
conducting at U.S. airports. The DHS will also report on any 
contingency plans that have been developed in the event that we receive 
indications that there is a high threat of a MANPAD attack.
  I thank Chairman Mica, Ranking Member DeFazio, and Mr. Israel for 
their strong leadership on this issue, and I urge my colleagues to 
support this legislation.
  Mr. BURGESS. Mr. Speaker, I rise today in strong support of H.R. 
4065, The Man-Portable Surface-to-Air Missiles Defense Act.
  In response to the September 11, 2001, attacks, Congress passed the 
Aviation and Transportation Security Act (ATSA) to ensure the safety of 
airline passengers.
  This legislation expanded the federal air marshal program, required 
that all cockpit doors be strengthened, armed pilots, increased 
screening of passengers and required increased screening of passenger 
baggage using explosive detection systems.
  Congressional efforts have, in large part, focused on in-flight 
safety and airport security, but an important vulnerability still 
exists. Commercial airliners are vulnerable to attacks from man-
portable surface-to-air missiles during each takeoff and landing.
  Man-portable surface-to-air missiles are unfortunately accessible and 
relatively inexpensive; on the black market, the systems can be 
purchased for less than $100,000. Thousands of man-portable surface-to-
air missiles exist around the world, many in the hands of guerrilla and 
terrorist groups. These groups have already demonstrated their intent 
to use man-portable surface-to-air missiles on civilian aircraft on 
more than one occasion.
  The Dallas-Fort Worth Airport, which is the sixth largest airport in 
the country, is located in my congressional district. Millions of 
airline passengers travel through DFW airport each year, and I am 
concerned about this vulnerability.
  That is why I am a proud cosponsor of Chairman Mica's Commercial 
Aviation Man Portable Surface-to-Air Missiles Defense Act of 2004.
  This legislation will help to protect airline passengers and crew 
from the man-portable surface-to-air missiles threat. H.R. 4065 
requires the FAA to expedite airworthiness certification of the missile 
defense systems for commercial aircraft.
  Additionally, it requires that the Department of Homeland Security 
report to Congress about the vulnerability assessment reports they are 
conducting at U.S. airports. DHS is also directed to report any 
recommendations that are issued regarding ground-based defense policies 
or procedures.
  The Man-Portable Surface-to-Air Missiles Defense Act urges the 
President to continue working with our international diplomatic 
partners to reduce or eliminate the availability of man-portable 
surface-to-air missiles worldwide.
  Again, I would like to reiterate my support for the Man-Portable 
Surface-to-Air Missiles Defense Act and urge my colleagues to support 
this important legislation.
  Mr. CRANE. Mr. Speaker, I rise today in strong support of H.R. 4056, 
which urges the President, the Federal Aviation Administration, and the 
Department of Homeland Security to move forward with the protection of 
commercial aircraft from MANPADS attacks. I want to commend my 
colleague from Florida for introducing this critical legislation that 
not only protects commercial aircraft here in the United States but 
also takes an aggressive step to encourage the rest of the world to 
increase their own safety measures concerning air travel.
  It is imperative that we in Congress realize that heat-seeking 
infrared surface-to-air missiles currently held by terrorist 
organizations pose an imminent threat to commercial aircraft. The 
terrorist use of MANPADS has resulted in the deaths of more than 350 
innocent people. When in possession of those intending to inflict harm, 
MANPADS are extremely effective and extremely dangerous. An estimated 
27 terrorist organizations are known to have heat-seeking missiles, and 
over 500,000 produced worldwide can easily be purchased on the black 
market for $25,000 to $50,000.
  Last year, I worked with the Appropriations Subcommittee on Homeland 
Security to secure funds for this crucial program to be applied on 
commercial aircraft. Chairman Rogers generously provided $60 million 
for fiscal year 2004 and has added funds again in this year's Homeland 
Security appropriations bill. There are MANPADS defense systems in 
development right now across the country including a facility in 
Rolling Meadows, IL, which is in my district. This system is already 
being used and has been proven to be effective on

[[Page H6508]]

our C-17 military aircraft. In order to protect our larger military 
aircraft, the Department of Defense has already spent close to $1 
billion developing and deploying systems that defeat this threat on 
numerous large body aircraft.
  The Commercial Aviation MANPADS Defense Act of 2004 takes the next 
step in the process of ensuring that every commercial aircraft is 
equipped with these antimissile devices. The bill readies our airports 
for the implementation of these defense systems and goes even further 
in the defense against MANPADS attacks by establishing programs to 
reduce the number of MANPADS worldwide so that fewer of these missiles 
will be available for trade and sale.
  Once again I would like to commend Representative Mica for 
introducing this legislation and urge my colleagues to vote in favor of 
the bill.
  Mr. MICA. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Ose). The question is on the motion 
offered by the gentleman from Florida (Mr. Mica) that the House suspend 
the rules and pass the bill, H.R. 4056, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. MICA. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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