[Congressional Record Volume 153, Number 84 (Tuesday, May 22, 2007)]
[House]
[Pages H5551-H5553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         SECURING AIRCRAFT COCKPITS AGAINST LASERS ACT OF 2007

  Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1615) to amend title 18, United States Code, to provide 
penalties for aiming laser pointers at airplanes, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1615

       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 ``Securing Aircraft Cockpits 
     Against Lasers Act of 2007''.

     SEC. 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:

     ``Sec. 39A. Aiming a laser pointer at an aircraft

       ``(a) 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 or imprisoned not more than 5 
     years, or both.
       ``(b) As used 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) 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 authorized individual in the conduct of research 
     and development or flight test operations conducted by an 
     aircraft manufacturer, the Federal Aviation Administration, 
     or any other person authorized by the Federal Aviation 
     Administration to conduct such research and development or 
     flight test operations;
       ``(2) members or elements 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
       ``(3) by an individual using a laser emergency signaling 
     device to send an emergency distress signal.
       ``(d) 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. The Attorney 
     General shall provide written notification of any proposed 
     regulations under this section to the Committees on the 
     Judiciary of the House and Senate, the Committee on 
     Transportation and Infrastructure in the House, and the 
     Committee on Commerce, Science and Transportation in the 
     Senate not less than 90 days before such regulations become 
     final.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 2 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``39A. Aiming a laser pointer at an aircraft.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Conyers) and the gentleman from Florida (Mr. Keller) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  Members of the House, when a laser is aimed at an aircraft cockpit, 
particularly at the critical stage of take-off or landing, it presents 
an imminent threat to aviation security and passenger safety. This has 
now been increasingly recognized, and we propose to do something about 
it today.
  According to the Federal Aviation Administration, laser illuminations 
can temporarily disorient or even disable a pilot during critical 
stages of flight. And in some cases, a laser might also cause permanent 
physical injury to the pilot.
  Since 1990 the FAA has reported more than 400 of these kinds of 
incidents. The rash of incidents involving laser beams is compounded by 
the concern that the low cost of hand-held laser devices could lead to 
even more incidents of these kinds happening in the future.
  So the measure before us today responds to the problem by amending 
title 18 of our United States Code to impose criminal penalties on 
someone who knowingly aims a laser pointer at an aircraft or in its 
flight path within the special aircraft jurisdiction of the United 
States. The criminal penalties include imprisonment of up to 5 years 
and fines.
  So I again extend a hand of thanks to Chairman Bobby Scott of the 
Crime Subcommittee for expeditiously moving this bill forward. And I 
also commend the sponsor of this legislation, Ric Keller, who is floor 
manager today, the gentleman from Florida, for his leadership on 
addressing the danger that lasers can pose to aircraft.
  Mr. Speaker, I reserve the balance of my time.
  Mr. KELLER of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  Aiming a laser beam into the cockpit of an airplane is a clear and 
present danger to the safety of all those on board the aircraft.
  This legislation is simple and straightforward. It makes it illegal 
to knowingly aim a laser pointer at an aircraft. Those who 
intentionally engage in such misconduct shall be fined or imprisoned 
not more than 5 years, or both, in the discretion of the judge.
  This legislation was unanimously approved by all Republicans and 
Democrats on the House Judiciary Committee in this Congress and in the 
last Congress. It was also approved by the full House by a voice vote, 
and the Senate also approved this legislation by unanimous consent 
after slightly amending the legislation to provide for limited 
exceptions for testing and training by the Department of Defense and 
FAA, as well as using the laser to send an emergency distress signal. 
This bill represents the negotiated compromise between the House and 
Senate on these limited exceptions.
  The problems caused by laser beam pranksters are more widespread than 
one might think. According to the FAA and the Congressional Research 
Service, there have been over 500 incidents reported since 1990 where 
pilots have been disoriented or temporarily blinded by laser exposure. 
The problem is on the rise, and there were over 90 incidents in 2005 
alone.
  These easily available laser pin pointers, like the one I purchased 
here at the Staples Office Supply Store for $12, have enough power to 
cause vision problems in pilots from a distance of 2 miles. It is only 
a matter of time before one of these laser beam pranksters ends up 
killing over 200 people in a commercial airline crash.
  Surprisingly, there is currently no Federal statute on the books 
making it illegal to shine a laser beam into an aircraft cockpit, 
unless one attempts to use the PATRIOT Act to claim that the action was 
a ``terrorist attack or other attack of violence against a mass 
transportation system.''
  So far none of the more than 500 incidents involving flight crew 
exposure to lasers have been linked to terrorism. Rather, it is often a 
case of pranksters making stupid choices to put pilots and their 
passengers at risk of dying. It is imperative that we send a message to 
the public that flight security is a serious issue. These acts of 
mischief will not be tolerated.
  I wanted to learn what it was like to be in an aircraft cockpit hit 
by a laser beam; so I spoke with Lieutenant Barry Smith from my 
hometown of Orlando, Florida, who was actually in the cockpit of a 
helicopter that was hit by a laser beam.
  Lieutenant Smith is with the Seminole County Sheriff's Office. He and 
his partner were in a police helicopter searching for burglary suspects 
at

[[Page H5552]]

night in a suburb of Orlando when a red laser beam hit the aircraft 
twice. Lieutenant Smith said the Plexiglas windshield of the helicopter 
spread out the light to the size of a basketball. It shocked them. They 
were flying near a large tower with a red light, and they mistakenly 
thought they may have flown too close to the tower. They were 
disoriented, and they immediately jerked the helicopter back. When they 
realized that they weren't near the tower after all, Lieutenant Smith 
began to worry that the light could have come from a laser sight on a 
rifle. He wondered if they were about to be shot out of the sky. He 
told me, ``It scared the heck out of us.''
  In reality, it was just a 31-year-old man with a small, pen-sized 
laser light, standing in his yard.
  In conclusion, I authored this bipartisan legislation because it is 
needed to ensure the safety of pilots and passengers. I urge my 
colleagues to vote ``yes'' on H.R. 1615.
  I want to especially thank Chairman Conyers and Chairman Scott for 
their bipartisanship in moving this bill forward after having hearings 
and markups.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield such time as he may consume to the 
chairman of the Subcommittee on Crime, Bobby Scott.
  Mr. SCOTT of Virginia. I thank the gentleman for yielding.
  Mr. Speaker, I rise in support of H.R. 1615, the Securing Aircraft 
Cockpits Against Lasers Act of 2007. And I want to thank Chairman 
Conyers for holding a markup and moving the bill through the full 
committee. I would also like to thank our colleague, the gentleman from 
Florida (Mr. Keller), who has been instrumental in bringing attention 
to this issue. Congressman Keller introduced this bill in the 109th 
Congress. I joined him in cosponsoring the bill then, and I continue to 
support the legislation now.
  The purpose of the bill is to address the problem of individuals 
aiming lasers at cockpits of aircraft, and this is particularly 
troublesome since it will usually occur at the critical stages of take-
off and landing. This practice obviously constitutes a threat to 
aviation security and passenger safety. The bill adds a section 
following title 18, U.S. Code, section 38, to impose criminal penalties 
upon any individual who knowingly aims a laser pointer at an aircraft 
within the special aircraft jurisdiction of the United States.

                              {time}  1200

  The penalties impose imprisonment up to 5 years in prison.
  Research from the FAA has shown that laser illuminations can 
temporarily disorient or disable a pilot during critical stages of 
flight, such as taking off and landing, and in some cases may cause 
permanent injury to the pilot. For example, in 2004, a laser aimed at 
an airplane flying over Salt Lake City injured the eye of one of the 
plane's pilots. In January, 2005, responding to concerns regarding this 
escalating problem, the FAA issued an advisory to pilots instructing 
them to immediately report laser beams directed at their aircraft.
  The House passed similar legislation in the 109th Congress. The 
Senate did, also. The legislation placed a provision in title 49, the 
Transportation title, and included a different level of intent. The 
House and Senate were unable to agree on a compromise version before 
the end of the 109th Congress. This version represents a compromise 
between the House and the Senate from the last Congress.
  Although I have some concern that when the bill is applied it might 
involve some misguided young person fooling around with a laser beam, I 
realize that the conduct the bill prohibits can be dangerous, so it 
must be strongly discouraged. Since the bill does not have mandatory 
minimum sentencing, the Sentencing Commission and the courts can apply 
appropriate punishment for violators based on the facts and 
circumstances of the individual case.
  After the bill is passed, as a further precautionary step, the 
appropriate committee of jurisdiction should consider requiring 
manufacturers of laser products to issue strong notices and warnings on 
the items and packaging regarding the provision of this law to put 
users on notice.
  Mr. Speaker, I think passing this bill is an appropriate step for 
Congress to address this potentially dangerous problem. Accordingly, I 
urge my colleagues to support the legislation.
  Mr. KELLER of Florida. Mr. Speaker, I yield back the balance of my 
time.
  Mr. CONYERS. Mr. Speaker, I yield myself as much time as I may 
consume merely to thank the leaders of this measure, Messrs. Scott and 
Keller, for moving. For once we've got in front of a problem before 
something has gone wrong and have a tragedy in the air that would send 
us rushing back to the floor to pass this very measure that we are 
passing today, I hope.
  Mr. Speaker, it is out of that pride that I thank everyone on the 
Judiciary Committee that played a role in this matter. And as has been 
pointed out, it doesn't matter whether it is a prank or whether it is 
sabotage, this prospective law gets the word out to everybody that 
these laser beams are dangerous when being flashed on planes or pilots 
in the air. The catastrophe is unthinkable.
  I congratulate my colleagues, and I ask the Members to join all of us 
in support of this legislation.
  Mrs. CAPITO. Mr. Speaker, I rise in support of H.R. 1615, Securing 
Aircraft Cockpits Against Lasers Act of 2007.
  The bill amends the Federal criminal code to prohibit aiming a laser 
pointer at an aircraft or at the flight of an aircraft in the special 
aircraft jurisdiction of the United States.
  In the last 15 years, the FAA reports over 500 incidents where people 
have aimed lasers into airplane cockpits. FAA research has shown that 
laser illuminations can temporarily disorient or disable a pilot during 
critical stages of a flight such as landing or take-off, and in some 
cases, may cause permanent damage.
  This type of interference cannot be tolerated. This is a good, 
commonsense measure aimed at deterring and prosecuting those who commit 
a senseless act of potential sabotage.
  I congratulate Congressman Keller, the sponsor of this legislation, 
for his leadership and dedication to this issue. I urge my colleagues 
to support the bill.
  Mr. WELDON of Florida. Mr. Speaker, I rise in support of H.R. 1615, 
Securing Aircraft Cockpits Against Lasers Act of 2007. I commend my 
colleague from Florida who serves on the Judiciary Committee for 
bringing this bill forward from that committee.
  This is an important step in furthering aviation security. We have 
already taken a number of steps since 9/11 to make our skies safer for 
the flying public and this is one more important step in that 
direction.
  This bill establishes a new Federal crime for anyone who aims a laser 
pointer at an aircraft or the flight path of an aircraft. This new 
statute will enable Federal law enforcement officials to pursue cases 
that it would not otherwise be able to pursue. Those prosecuted under 
this new law would face fines and time in prison.
  Establishing these penalties will help address an issue that 
threatens public safety, pilots, and aviation security. When aimed at 
aircraft, lasers can cause not only discomfort, but they can also cause 
temporary or permanent visual impairment at critical stages of take-off 
and landing. The National Transportation Safety Board has already 
documented instances in which pilots sustained eye injuries and were 
incapacitated during critical times of flight. Furthermore, the 
Judiciary Committee report on H.R. 1615 highlights the findings of a 
report from the U.S. Department of Transportation that since 1990 there 
have been over 400 reports of lasers being pointed at aircraft.
  In the aftermath of 9/11, the FAA took steps to require that air 
traffic controllers immediately notify pilots about laser events. The 
FAA is also to immediately notify local law enforcement and security 
agencies. This will enable police to act in a more timely manner to 
identify and prosecute those shining lasers at aircraft.
  Mr. Speaker, I believe that this bill is a good step in helping 
protect the flying public and pilots.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise to support H.R. 1615, 
the ``Securing Aircraft Cockpits Against Lasers Act of 2007.'' While 
the goal of this legislation--to keep our air passengers safe and to 
effect better ``homeland security''--I must point out that initially I 
was very concerned that this penal legislation was not tailored 
narrowly enough to exclude only the evil sought to be prohibited.
  That is why I offered an amendment during markup of this bill. My 
amendment was designed to limit the scope of the bill so that it 
fulfills its intended purposes, which is to protect aircraft crew, and 
through them passengers, by prohibiting the aiming of the beam of a 
laser pointer at an aircraft, or the flight

[[Page H5553]]

path of such an aircraft. My amendment clarified that the significant 
penal provisions in the bill are directed at conduct that is harmful to 
the aircraft or crew. Specifically, my amendment adds an important and 
useful qualification to the bill's definition of a ``laser pointer'' to 
mean:
  1. 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; and
  2. Is capable of inflicting serious bodily injury if aimed at an 
airplane cockpit from a minimum distance of 500 yards.
  But after consulting with the bill's managers, I am satisfied that it 
is not necessary to require that the offending laser pointer be capable 
of inflicting ``serious bodily harm'' from a minimum distance of 500 
yards. I am persuaded that the language used in the bill implies a 
standard of at least ``significant risk'' to airplane pilots, crew, and 
passengers.
  I agree, for example, that using a laser pointing device capable of 
temporarily blinding or causing a pilot to become disoriented is 
clearly a ``significant risk.'' My major concern with the definition of 
laser pointers was that it did not distinguish between the kind you can 
buy at a dollar store that runs on a couple of AAA batteries and has a 
range of about 25 feet and a high powered laser scope that has a range 
100 times as far. But based on my discussions with the bill's managers, 
Mr. Scott and Mr. Keller, I am satisfied that the legislation 
anticipates that investigative and prosecutorial resources will not be 
used to prosecute and punish the use of laser pointers that do not pose 
any safety risk to airplane pilots, their crew, or airline passengers.
  Mr. Speaker, for these reasons, I have determined that I can and will 
support the bill and I urge my colleagues to do likewise.
  Mr. CONYERS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Conyers) that the House suspend the rules 
and pass the bill, H.R. 1615, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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