[Congressional Record Volume 156, Number 111 (Tuesday, July 27, 2010)]
[House]
[Pages H6100-H6101]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1400
         SECURING AIRCRAFT COCKPITS AGAINST LASERS ACT OF 2010

  Mr. SCOTT of Virginia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 5810) 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. 5810

       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 2010''.

     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 inserting after the item relating to section 39 
     the following new item:

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

     SEC. 3. COMPLIANCE WITH PAYGO.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Committee on the Budget of the House of 
     Representatives, provided that such statement has been 
     submitted prior to the vote on passage.

  The SPEAKER pro tempore (Mr. Cummings). Pursuant to the rule, the 
gentleman from Virginia (Mr. Scott) and the gentleman from California 
(Mr. Daniel E. Lungren) each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. SCOTT of Virginia. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
to include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. I yield myself such time as I may consume.
  Mr. Speaker, H.R. 5810 establishes criminal penalties for knowingly 
aiming a laser pointer at an aircraft or its flight path.
  Incidents involving lasers aimed at aircraft have raised concerns 
over the potential threat to aviation safety and national security. 
Some are concerned that terrorists might use high-powered lasers to, 
among other things, incapacitate pilots. There is also concern that 
laser devices can distract or temporarily incapacitate pilots during 
critical phases of a flight.
  Lasers pose a safety hazard to flight operations. Even brief exposure 
to a relatively low-powered laser beam can cause discomfort and 
temporarily affect the pilot's vision. The visual distractions of a 
laser can also cause a pilot to become disoriented or lose situational 
awareness while flying.
  High-powered laser devices can incapacitate pilots and inflict eye 
injuries when viewed at closer ranges. In fact, the National 
Transportation Safety Board documented two cases in which pilots 
sustained eye injuries and were incapacitated during critical phases of 
a flight.
  In one of those cases, after a laser was pointed at a pilot's plane, 
he experienced a burning sensation and tearing in his eyes. A 
subsequent eye examination revealed multiple flash burns in the pilot's 
cornea. The FAA researchers have compiled a data base of more than 400 
incidences between 1990 and 2005 in which pilots have been startled, 
distracted, temporarily blinded, or disoriented by laser exposure.
  Government officials at FAA, Defense Department, and Department of 
Homeland Security are exempted from the prohibition of this bill, as 
are individuals using lasers to send an emergency distress signal.

[[Page H6101]]

  Mr. Speaker, I encourage my colleagues to support the bill. I thank 
the gentleman from California for his leadership in bringing this bill 
to our attention.
  I reserve the balance of my time.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, first, I would like to thank my friend, Mr. Scott from 
Virginia, the chairman of the Crime Subcommittee, for working with 
dispatch to get this bill to the floor.
  The danger of shining a laser beam into someone's eyes is not a new 
concept. It is reported that the power density from a 1 milliwatt 
laser, a power common in the laser pointers we have become familiar 
with, focused to a point, is brighter than the equivalent area of the 
sun's surface. Understandably, this can cause temporary or permanent 
eye damage. The danger from shining a laser at the cockpit of a 
commercial aircraft, especially during a takeoff or a landing, is a 
tragedy waiting to happen.
  This bill will help prevent such a disaster from being realized. In 
2005, when a similar bill was passed by this body, this emerging threat 
was estimated at 400 reported incidents over the previous 15 years. By 
contrast, in 2009 alone, there were almost 1,600 episodes reported. In 
2010, there have been approximately the same number of incidents from 
2009 in just the first half of the year. In my home State of 
California, there have been over 570 incidents so far in 2010.
  Mr. Speaker, we have discovered that a number of those incidents were 
reported to the regional air traffic control system unit in Sacramento 
within my district.
  Since the Judiciary Committee first began examining this issue, the 
effects of pilots being hit by a beam of a laser pointer have varied 
from causing the pilots to become distracted, to requiring emergency 
evasive maneuvers. Emergency maneuvers, to prevent a perceived mid-air 
collision, resulted from a wide variety of mistaken beliefs, including 
that the aircraft was about to strike the warning light on a tower or 
that the laser beam was actually the lights of an approaching aircraft.
  Law enforcement pilots are frequently targeted and have to consider 
the possibility that they are being illuminated by a laser scope 
attached to a rifle. Law enforcement pilots have, on occasion, been 
required to discontinue a response to a crime, a crime in progress, due 
to being hit by a laser.
  Some Federal prosecutors have declined to pursue cases under current 
law, believing that the current Destruction of Aircraft statute does 
not fit the facts of their particular laser case. Some States have 
statutes that have been successfully used to address this problem, but, 
unfortunately, many do not.
  This bill specifically addresses the incident of shining a laser 
pointer into an aircraft cockpit and will make, therefore, aircraft 
travel safer for pilots and for the public. While a number of laser 
pointers being aimed at aircraft cockpits has dramatically increased 
during the past 5 years, the power of the current generation of laser 
pointer devices has also significantly increased.
  The cost, on the other hand, has gone down, making them much more 
widely available. Additionally, there are ways to increase the power of 
certain lasers by replacing the diodes with those intended for other 
purposes.
  The problem of lasers being shone into cockpits is so prevalent in 
the Sacramento area that the FBI, FAA, Federal Air Marshal Service, as 
well as State and local law enforcement, have established a Laser 
Strike Working Group to address the problem, with other working groups 
expanding to other areas. This bill provides an important tool for 
securing the safety of air travel and is endorsed by the Air Line 
Pilots Association.
  I received a letter dated July 27 from the Air Line Pilots 
Association, International, wherein they say: ``The inappropriate use 
of widely available lasers against airborne flight crews is a genuine 
and growing safety and security concern. A laser illumination event 
can, at a minimum, be an unwanted flight crew distraction; and in 
serious cases can even lead to eye damage and temporary 
incapacitation.''
  Going on, the Air Line Pilots Association, International states that 
``your legislation is greatly needed to ensure that such reckless and 
malicious activity will, in fact, be classified and prosecuted as a 
Federal offense. We have worked with numerous Federal law enforcement 
organizations over the past years on this issue and there is strong 
agreement that such crimes should be addressed by Federal statute and 
not be adjudicated solely by State laws. H.R. 5810 will also help put 
the public on notice that shining laser lights into aircraft cockpits 
is a serious offense which will be met with serious consequences for 
those convicted of such crime.''

                              {time}  1410

  And in conclusion, the Airline Pilots Association, International 
states: ``We urge Congress to expeditiously pass this legislation and 
thereby enhance the safety and security of all commercial airline 
passengers and crew members.''
  Mr. Speaker, I urge my colleagues to join me in supporting this 
important legislation.
  I yield back the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume just to thank the gentleman from California for his leadership. 
This is an extremely important piece of legislation, and I urge my 
colleagues to support the bill.
  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 Virginia (Mr. Scott) that the House suspend the rules 
and pass the bill, H.R. 5810, 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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