[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
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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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