II Calendar No. 657 109th CONGRESS 2d Session S. 3993 IN THE SENATE OF THE UNITED STATES September 28, 2006 Mr. Martinez introduced the following bill; which was read the first time September 30 (legislative day, September 29), 2006 Read the second time and placed on the calendar A BILL To amend title 18, United States Code, to provide penalties for aiming laser pointers at airplanes, and for other purposes.

1.

Short title

This Act may be cited as the Securing Aircraft Cockpits Against Lasers Act of 2006.

2.

Prohibition against aiming a laser pointer at an aircraft

(a)

Offense

Chapter 2 of title 18, United States Code, is amended by adding at the end the following:

39B.

Aiming a laser pointer at an aircraft

(a)

In general

Whoever knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft, shall be fined under this title, imprisoned not more than 5 years, or both. (b)

Definition

In this section, the term laser pointer means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. (c)

Exceptions

This section does not prohibit aiming a beam of a laser pointer at an aircraft, or the flight path of such an aircraft, by— (1)an individual authorized to engage in such conduct by an aircraft manufacturer as part of the conduct of research and development or flight test operations conducted by such manufacturer; (2)an official of the Federal Aviation Administration authorized to engage in such conduct; (3)any other person authorized by the Federal Aviation Administration to engage in such conduct as part of research and development or flight test operations; (4)a member or element of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training; or (5)an individual using a laser emergency signaling device to send an emergency distress signal. (d)

Regulations

(1)

In general

The Attorney General, in consultation with the Secretary of Transportation, may provide by regulation, after public notice and comment, such additional exceptions to this section as may be necessary and appropriate. (2)

Notice to Congress

Not later than 90 days before the date any regulations issued under paragraph (1) become final, the Attorney General shall provide written notification of any proposed regulations under this section to the Committee on the Judiciary and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on the Judiciary and the Committee on Transportation and Infrastructure of the House of Representatives.

. (b)

Technical and conforming amendments

(1)

In general

Chapter 2 of title 18, United States Code, is amended by redesignating the section 39 relating to commercial motor vehicle inspections as section 39A. (2)

Amendment to table of sections

The table of sections at the beginning of chapter 2 of title 18, United States Code, is amended by striking the item relating to the section 39 relating to commercial motor vehicle inspections and inserting the following 39A. Commercial motor vehicles required to stop for inspections. 39B. Aiming a laser pointer at an aircraft. .

September 30 (legislative day, September 29), 2006 Read the second time and placed on the calendar