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2006
SHOULDER-FIRED MISSILE THREAT REDUCTION ACT OF 2006

MARKUP

BEFORE THE

SUBCOMMITTEE ON
INTERNATIONAL TERRORISM AND NONPROLIFERATION

OF THE

COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES

ONE HUNDRED NINTH CONGRESS

SECOND SESSION

ON
H.R. 5333

MAY 18, 2006
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Serial No. 109–171

Printed for the use of the Committee on International Relations

Available via the World Wide Web: http://www.house.gov/internationalrelations

COMMITTEE ON INTERNATIONAL RELATIONS

HENRY J. HYDE, Illinois, Chairman

JAMES A. LEACH, Iowa
CHRISTOPHER H. SMITH, New Jersey,
  Vice Chairman
DAN BURTON, Indiana
ELTON GALLEGLY, California
ILEANA ROS-LEHTINEN, Florida
DANA ROHRABACHER, California
EDWARD R. ROYCE, California
PETER T. KING, New York
STEVE CHABOT, Ohio
THOMAS G. TANCREDO, Colorado
RON PAUL, Texas
DARRELL ISSA, California
JEFF FLAKE, Arizona
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JO ANN DAVIS, Virginia
MARK GREEN, Wisconsin
JERRY WELLER, Illinois
MIKE PENCE, Indiana
THADDEUS G. McCOTTER, Michigan
KATHERINE HARRIS, Florida
JOE WILSON, South Carolina
JOHN BOOZMAN, Arkansas
J. GRESHAM BARRETT, South Carolina
CONNIE MACK, Florida
JEFF FORTENBERRY, Nebraska
MICHAEL McCAUL, Texas
TED POE, Texas

TOM LANTOS, California
HOWARD L. BERMAN, California
GARY L. ACKERMAN, New York
ENI F.H. FALEOMAVAEGA, American Samoa
DONALD M. PAYNE, New Jersey
SHERROD BROWN, Ohio
BRAD SHERMAN, California
ROBERT WEXLER, Florida
ELIOT L. ENGEL, New York
WILLIAM D. DELAHUNT, Massachusetts
GREGORY W. MEEKS, New York
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BARBARA LEE, California
JOSEPH CROWLEY, New York
EARL BLUMENAUER, Oregon
SHELLEY BERKLEY, Nevada
GRACE F. NAPOLITANO, California
ADAM B. SCHIFF, California
DIANE E. WATSON, California
ADAM SMITH, Washington
BETTY McCOLLUM, Minnesota
BEN CHANDLER, Kentucky
DENNIS A. CARDOZA, California
RUSS CARNAHAN, Missouri

THOMAS E. MOONEY, SR., Staff Director/General Counsel
ROBERT R. KING, Democratic Staff Director

Subcommittee on International Terrorism and Nonproliferation
EDWARD R. ROYCE, California, Chairman

PETER T. KING, New York
THOMAS G. TANCREDO, Colorado
DARRELL ISSA, California, Vice Chairman
MICHAEL McCAUL, Texas
TED POE, Texas
JERRY WELLER, Illinois
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J. GRESHAM BARRETT, South Carolina

BRAD SHERMAN, California
ROBERT WEXLER, Florida
DIANE E. WATSON, California
ADAM SMITH, Washington
BEN CHANDLER, Kentucky
DENNIS A. CARDOZA, California
RUSS CARNAHAN, Missouri

TOM SHEEHY, Subcommittee Staff Director
DON MACDONALD, Democratic Professional Staff Member
EDWARD A. BURRIER, Professional Staff Member
GENELL BROWN, Staff Associate

C O N T E N T S

MARKUP OF

    H.R. 5333, To reduce the threat of terrorists acquiring shoulder-fired missiles

SHOULDER-FIRED MISSILE THREAT REDUCTION ACT OF 2006

THURSDAY, MAY 18, 2006
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House of Representatives,    
Subcommittee on International Terrorism    
and Nonproliferation,    
Committee on International Relations,
Washington, DC.

    The Subcommittee met, pursuant to notice, at 2 o'clock p.m. in room 2200, Rayburn House Office Building, Hon. Edward R. Royce (Chairman of the Subcommittee) presiding.

    Mr. ROYCE. Pursuant to notice, I call up the bill H.R. 5333, the Shoulder-Fired Missile Threat Reduction Act of 2006, for purposes of markup and move its recommendation to the Full Committee.

    Without objection, the bill will be considered as read and open for amendment at any point.

    [H.R. 5333 follows:]

[Note: Image(s) not available in this format. See PDF version of this file.]

    Mr. ROYCE. I would like to recognize myself for a brief opening statement.

    Members will recall the Subcommittee's hearing with Assistant Secretary of State for Political-Military Affairs, John Hillen, where the threat of terrorists acquiring shoulder-fired missiles or MANPADS was addressed. At that hearing, a draft of a bill authored by myself and the Ranking Member, Mr. Sherman, was discussed. That bill became H.R. 5333, the Shoulder-Fired Missile Threat Reduction Act of 2006 which enjoys bipartisan support, including from many Members of the Subcommittee.
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    The goal of our legislation is to provide the State Department the authority and resources to undertake a robust effort to either destroy or to secure MANPADS around the world. As I said at our hearing, ''the best defense is a good offense,'' so this proactive effort makes sense.

    At the hearing, one question raised by Members was, ''Is there a way for deterrence to be used against this threat?'' In response, Assistant Secretary Hillen noted we can put producing and proliferating countries on notice that we consider this a significant threat.

    So, what we have done is to add or incorporate this into H.R. 5333. We have incorporated a section that sanctions countries that knowingly transfer MANPADS to state sponsors of terrorism or to terrorist organizations.

    The administration has expressed a concern with this provision despite the waiver authority granted by the legislation. However, I think Members will agree that this is an important part of the bill. I believe this bill will greatly enhance our government's ability to combat this threat to our national security.

    I urge my colleagues to support it.

    I want to recognize our Ranking Member, or frankly anyone who wishes to offer an opening statement. Mr. Sherman.

    Mr. SHERMAN. Thank you, Mr. Chairman. Thank you for bringing this bill to our Subcommittee dealing with man-portable shoulder-fired anti-aircraft missiles, or MANPADS.
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    I am very pleased to cosponsor the bill with you. We have at least 29 other cosponsors. The MANPAD is obviously an ideal weapon for terrorists, not only to kill Americans in the air, but to hurt our economy should the attack be successful or even if the attack is unsuccessful. And of course, MANPADS are relatively cheap and obtainable.

    There have been no attacks in the U.S. using MANPADS. However, there have been several attempts to bring those weapons into the United States or to acquire them for use in the United States. We all watched what happened in Kenya where there was an attempt to shoot down an Israeli airliner. We know at least 25 terrorist organizations probably have MANPADS, including al Qaeda and Hezbollah. And even if law enforcement is 100 percent effective in the future, it is already too late to prevent at least some MANPADS from falling into the hands of the some of the world's most dangerous terrorists.

    We are not only vulnerable here in the United States, but we are vulnerable abroad. If a U.S. commercial jet were to hit in Rome, it might have many of the same effects, both in terms of the number of Americans killed on the plane, and also on the economy. So the solution is not only to protect our borders to try to prevent MANPADS from coming into the United States, but to try to keep MANPADS out of the wrong hands around the world. And also to help those countries with MANPADS to make sure that they are safeguarded and don't fall into the wrong hands.

    I think that this bill goes a long way. It would authorize $15 million for 2007, $20 million for 2008. I am pleased to work with you to urge the appropriators to fully fund the administration's request at $8.75 million, and I think even more should be spent on this effort to take these weapons out of illegal circulation.
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    I agree with you there should be sanctions on those who create these weapons and then transfer them to terrorist organizations or terrorist-supporting states. I want to use this opportunity to call on the Department of Homeland Security to designate the kinds of countermeasures that U.S. airliners should have and to mandate their deployment and to urge the State Department to begin negotiating treaties with those countries into which our aircraft fly so that those planes are safe from spying while on the ground in these foreign airports.

    We can't really have a regime of having countermeasures on our planes if there is no way to fly that plane to, say, Beijing without the Chinese looking at the countermeasure and perhaps designing their own MANPADS to avoid it or evade it.

    So we have work to do not only in passing this bill, but also in getting State to make sure that our planes are secure from spying on the ground and to make sure that Homeland Security mandates countermeasures for both domestic and international flights.

    I thank you for your work on this bill. I yield back.

    Mr. ROYCE. Mr. Weller, do you have an opening statement?

    Mr. WELLER. No, Mr. Chairman.

    Mr. ROYCE. Mr. Chandler?

    Mr. CHANDLER. Mr. Chairman, I support this bill very much. I thank you for your work on it. My only disappointment with it is that I am not a cosponsor, and I would like to become one. It is a very good bill.
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    Mr. ROYCE. We can rectify that. Without objection.

    Mr. CHANDLER. I appreciate that. I support it wholeheartedly.

    Mr. ROYCE. Are there any amendments to the underlying bill that anyone would like to make?

    If not, the question occurs on the motion to report the bill, H.R. 5333, the Shoulder-Fired Missile Threat Reduction Act, favorably.

    All those in favor say ''aye.'' All opposed ''no.'' The ''ayes'' have it. The motion is approved.

    The bill is reported favorably and the staff is directed to make any technical and conforming amendments. I appreciate it. Let me share with the panel, thank you for your cooperation on this. The hearing stands adjourned.

    [Whereupon, at 2:11 p.m., the Subcommittee was adjourned.]