[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.
____________________