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DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2005--Continued -- (Senate - September 14, 2004)

   AMENDMENT NO. 3642

(Purpose: To require a report on protecting commercial aircraft from the threat of man-portable air defense systems)

    On page 39, between lines 5 and 6, insert the following new section:

    SEC. 515. (a) The Secretary of Homeland Security, in coordination with the head of the Transportation Security Administration and the Under Secretary for Science and Technology, shall prepare a report on protecting commercial aircraft from the threat of man-portable air defense systems (referred to in this section as ``MANPADS'').

    (b) The report required by subsection (a) shall include the following:

    (1) An estimate of the number of organizations, including terrorist organizations, that have access to MANPADS and a description of the risk posed by each organization.

    (2) A description of the programs carried out by the Secretary of Homeland Security to protect commercial aircraft from the threat posed by MANPADS.

    (3) An assessment of the effectiveness and feasibility of the systems to protect commercial aircraft under consideration by the Under Secretary for Science and Technology for use in phase II of the counter-MANPADS development and demonstration program.

    (4) A justification for the schedule of the implementation of phase II of the counter-MANPADS development and demonstration program.

    (5) An assessment of the effectiveness of other technology that could be employed on commercial aircraft to address the threat posed by MANPADS, including such technology that is--

    (A) either active or passive;

    (B) employed by the Armed Forces; or

    (C) being assessed or employed by other countries.

    (6) An assessment of alternate technological approaches to address such threat, including ground-based systems.

    (7) A discussion of issues related to any contractor liability associated with the installation or use of technology or systems on commercial aircraft to address such threat.

    (8) A description of the strategies that the Secretary may employ to acquire any technology or systems selected for use on commercial aircraft at the conclusion of phase II of the counter-MANPADS development and demonstration program, including--

    (A) a schedule for purchasing and installing such technology or systems on commercial aircraft; and

    (B) a description of--

    (i) the priority in which commercial aircraft will be equipped with such technology or systems;

    (ii) any efforts to coordinate the schedules for installing such technology or system with private airlines;

    (iii) any efforts to ensure that aircraft manufacturers integrate such technology or systems into new aircraft; and

    (iv) the cost to operate and support such technology or systems on a commercial aircraft.

    (9) A description of the plan to expedite the use of technology or systems on commercial aircraft to address the threat posed by MANPADS if intelligence or events indicate that the schedule for the use of such technology or systems, including the schedule for carrying out development and demonstration programs by the Secretary, should be expedited.

    (10) A description of the efforts of the Secretary to survey and identify the areas at domestic and foreign airports where commercial aircraft are most vulnerable to attack by MANPADS.

    (11) A description of the cooperation between the Secretary and the Administrator of the Federal Aviation Administration to certify the airworthiness and safety of technology and systems to protect commercial aircraft from the risk posed by MANPADS in an expeditious manner.

    (c) The report required by subsection (a) shall be transmitted to Congress along with the budget for fiscal year 2006 submitted by the President pursuant to section 1105(a) of title 31, United States Code.

   


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