[Congressional Record Volume 157, Number 15 (Wednesday, February 2, 2011)]
[Senate]
[Pages S475-S477]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           VOTE EXPLANATIONS

 Mr. LIEBERMAN. Mr. President, I regret having missed votes to 
consider amendments to the FAA Air Transportation Modernization and 
Safety Improvement Act. I was celebrating the joyous occasion of my 
newest grandson's birth with my wife and children.
  Had I been present, I would have voted to oppose the motion to waive 
the Budget Act on the amendment to repeal the landmark health care 
reform legislation, the Patient Protection and Affordable Care Act. 
This law provides health care coverage to more than 30 million 
Americans and also reduces the deficit. The benefits that have already 
been achieved by this law are substantial. Its repeal would force 
seniors to pay more for their drug coverage, businesses would lose 
valuable tax credits that enable them to provide health care coverage 
to their employees, and millions of Americans would no longer receive 
vital consumer protections from the health insurance industry. 
Additionally, this law extends the solvency of Medicare for 12 more 
years.
  I have said before that a law this comprehensive would not be without 
flaws. I will support efforts to strengthen the Affordable Care Act and 
reduce the unintended consequences from it. I do not, however, support 
its repeal, which would not only be risky for our economy, but would 
have the effect of increasing the number of uninsured and causing vital 
programs such as Medicare to face insolvency in the very near future.
  Had I been present, and consistent with my desire to continue to 
improve the Affordable Care Act, I would have supported both Senators 
Levin and Stabenow's amendments to repeal the form 1099 reporting 
requirement. This provision imposes an onerous compliance obligation on 
businesses of all sizes, and Congress should act quickly to remove that 
burden and allow businesses to direct their time, energy, and resources 
to growing their businesses and creating new jobs.
 Mr. WARNER. Mr. President, I voted for the Affordable Care Act 
because the current health care system is simply unsustainable and it 
will bankrupt our Nation. This law helps lay the groundwork for 
containing health care costs through leveraging private sector 
innovation and competition to improve the quality and value of care in 
this country. I was unable to vote today because of a family emergency, 
but I wanted to register my strong opposition to Senator McConnell's 
amendment which would repeal the Affordable Care Act.
  The Affordable Care Act is already helping millions of Virginians and 
Americans. The law has helped lower prescription costs for seniors, 
including over 63,000 Medicare beneficiaries in the Commonwealth of 
Virginia. It has provided affordable coverage for millions of young 
adults throughout the country who have been able to stay on their 
parent's plan and stopped insurers from denying coverage to children 
due to a preexisting condition. Small businesses are benefiting from 
tax credits to cover the cost of offering health insurance coverage to 
their employees.
  The Congressional Budget Office has stated that repealing the health 
care reform law would add $230 billion to the deficit and take away 
these immediate benefits and many other critical delivery systems 
reforms which currently are being implemented. Taking us back to the 
status quo is not an option.
  This law is not perfect, nor will it be the final say in efforts to 
ensure that we have a quality, affordable health care system which 
works for American families and businesses.I have continued to push for 
fixes to parts of this law, including repealing the provision which 
placed a burdensome requirement on small businesses to file a form 
1099, and will continue to pursue additional steps to further lower 
health care costs.
  I look forward to working with my colleagues from both sides of the 
aisle to provide affordable, quality care to all Americans.
  The PRESIDING OFFICER. The Senator from Maine is recognized.
  Ms. COLLINS. I thank the Chair.
  (The remarks of Ms. Collins pertaining to the introduction of S. 261 
are printed in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  The PRESIDING OFFICER. The Senator from Rhode Island.


                            Amendment No. 8

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent to set aside 
any pending amendment and call up amendment No. 8.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Rhode Island [Mr. Whitehouse], for 
     himself, Mr. Kirk, Mrs. Boxer, Mr. Durbin, Mr. Casey, Mr. 
     Menendez, and Mr. Schumer, proposes an amendment numbered 8.

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent to waive 
further reading of the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To amend title 18, United States Code, to provide penalties 
    for aiming laser pointers at airplanes, and for other purposes)

       At the end of title VII, add the following:

     SEC. 733. 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

[[Page S476]]

     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 Senate and the House of Representatives, the 
     Committee on Commerce, Science and Transportation of the 
     Senate, and the Committee on Transportation and 
     Infrastructure of the House of Representatives, 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.''.

  Mr. WHITEHOUSE. Mr. President, I rise to speak in support of this 
amendment I have offered with Senators Kirk, Boxer, Durbin, Casey, 
Menendez, and Schumer to secure aircraft cockpits against lasers. This 
commonsense and bipartisan amendment would protect passengers and 
pilots by making it a Federal criminal offense to knowingly aim the 
beam of a laser at an aircraft.
  As explained in a recent article in the New York Times, ``a beam that 
is \1/25\ of an inch wide at its origin can be 2 to 3 feet wide by the 
time it reaches an airliner approaching or departing an airport.'' As a 
result, when targeted at aircraft, laser stripes can instantly flash 
across the cockpit, temporarily blinding the pilot and the crew. One 
pilot described the feeling of being hit by a laser like this:

       It immediately lit up the whole cockpit and it hit both of 
     my eyes and burned both of my corneas. Instantly, I was 
     blinded. It felt like I was hit in the face with a baseball 
     bat--just an intense burning pain.

  FAA Administrator Randy Babbitt similarly recently warned that lasers 
can ``damage a pilot's eyes or cause temporary blindness.'' Indeed, 
pilots have described the need to hand control of their aircraft to a 
copilot as a result of one of these incidents.
  It goes without saying that such a threat to a pilot's sight, 
particularly during the critical phases of takeoff and landing, poses 
an unacceptable risk to the traveling public, to our pilots, and to 
citizens on the ground. For this reason, Secretary of Transportation 
Ray LaHood recently described laser incidents as ``a serious safety 
issue.''
  The problem is growing. According to a recent report by the Federal 
Aviation Administration, 2,836 pilots reported that they were targeted 
with lasers in 2010, nearly double the number in 2009. In other words, 
every day, eight pilots and the passengers they fly are put at risk in 
the manner I described. The problem affects airports of all sizes 
across the country.
  At T.F. Green Airport, for instance, in my home State of Rhode 
Island, there were 12 such reported incidents just in the last year. 
The problem also is worsening as new and more powerful lasers become 
commercially available. These new lasers emit an increasingly bright 
beam that can reach aircraft miles away from the airport.
  Current Federal law does not provide prosecutors with ready tools to 
prosecute and thus deter this dangerous conduct. Ill-fitting existing 
statutes occasionally can be used, but only in limited cases, leaving 
even identified perpetrators to go unpunished. My amendment would solve 
this problem by creating a criminal offense that clearly and distinctly 
covers this harmful conduct. It would explicitly criminalize knowingly 
aiming the beam of a laser pointer at an aircraft. Violations would 
lead to punishment of imprisonment for up to 5 years or fines of up to 
$250,000.
  The legislation would exempt valid uses of lasers in the aviation 
context, such as designated research and development activities, flight 
test operations, training, and emergency signaling. Prosecutors would 
gain a new, valuable tool to protect air safety without any burden 
being imposed on the legitimate use of lasers.
  Comparable bipartisan legislation has previously passed the House of 
Representatives and was reported favorably out of the House Judiciary 
Committee this year. It is widely supported. For example, this 
amendment is supported by the Airline Pilots Association and the 
National Association of Police Organizations.
  Mr. President, I ask unanimous consent to have printed in the Record 
letters from those organizations.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         Government Affairs Department, Air Line Pilots 
           Association, International,
                                 Washington, DC, February 1, 2011.
       Dear Senator: On behalf the Air Line Pilots Association, 
     International (ALPA) which represents 53,000 pilots who fly 
     for 38 airlines in the U.S. and Canada, I urge you to support 
     the Whitehouse-Kirk-Boxer amendment to protect aircraft 
     flight decks from the threat posed by laser illuminations as 
     the Senate considers S. 223, the FAA reauthorization bill.
       On January 19, the FAA announced that the number of reports 
     of lasers pointed at airplanes nearly doubled in one year to 
     more than 2,800. The inappropriate use of widely available 
     laser pointers against airborne flight crews is a genuine 
     safety and security concern and is simply unacceptable. At a 
     minimum, the laser illumination of a cockpit creates a flight 
     crew distraction and in more serious cases can result in eye 
     damage and temporary incapacitation.
       Along with a number of federal law enforcement 
     organizations, ALPA has long maintained that the reckless and 
     malicious laser illumination of airliners should be 
     prosecuted as a specific federal offense and not solely as a 
     violation of state laws. This amendment ensures that such 
     activity will, in fact, be classified and prosecuted in that 
     manner and will provide additional benefit by informing the 
     public that shining laser beams into aircraft cockpits is a 
     dangerous offense which will be met with serious 
     consequences.
       ALPA applauded the U.S. House of Representatives last year 
     for passing similar legislation, the Securing Aircraft 
     Cockpits Against Lasers Act of 2010. It should be noted that 
     the House Judiciary Committee has this year unanimously 
     reported out an identical bill, H.R. 386.
       Again, we urge you to support the Whitehouse-Kirk-Boxer 
     amendment which will enhance the safety and security of all 
     airline passengers and crewmembers.
           Sincerely,
                                                         Lee Moak,
     President.
                                  ____

                                           National Association of


                                   Police Organizations, Inc.,

                                 Alexandria, VA, February 1, 2011.
     Hon. Sheldon Whitehouse,
     U.S. Senate,
     Washington, DC.
       Dear Senator Whitehouse: On behalf of the National 
     Association of Police Organizations (NAPO), representing 
     241,000 rank-and-file police officers from across the United 
     States, I would like to thank and commend you for your 
     support to secure aircraft cockpits against laser pointers. 
     The House of Representatives Judiciary Committee recently 
     passed H.R. 386, a bill that would prohibit the aiming of a 
     laser beam at an aircraft or in its flight path by punishing 
     offenders with an imposed fine or prison term.
       The Federal Flight Deck Officers Association is a member of 
     NAPO. Together, we have a vested interest in protecting 
     pilots and passengers from the harmful effects of laser 
     pointers. On January 19, 2010, the Federal Aviation 
     Administration announced that the reports of laser pointers 
     being pointed at aircrafts basically doubled in one year from 
     1,400 to 2,800 incidents. Laser beams pointed at an aircraft 
     can cause temporary blindness to pilots and jeopardize 
     aviation security.
       Helping to protect our nation from potential gaps in the 
     enforcement of homeland security is one of NAPO's top 
     priorities. NAPO urges both chambers to take swift action in 
     passage of legislation that seeks to bolster security and 
     thwart criminal acts.
       Securing cockpits is an important safety measure that law 
     enforcement is willing to support. NAPO believes H.R. 386 and 
     companion legislation is essential to assist the law 
     enforcement community in the protection of our nation from 
     security threats. If you have any questions on how NAPO can 
     support your efforts, please feel free to contact me, or 
     NAPO's Director of Government Affairs, Rachel Hedge.
           Sincerely,
                                               William J. Johnson,
                                               Executive Director.

  Mr. WHITEHOUSE. Mr. President, I thank Senators Kirk, Boxer, Durbin,

[[Page S477]]

Casey, Menendez, and Schumer for their leadership on this issue. I also 
thank our partners in the House for their work, and let me thank 
Chairman Rockefeller and Ranking Member Hutchison for considering this 
amendment.
  I hope Senators on both sides of the aisle will join me in voting for 
this amendment that will protect our public safety against this new 
hazard.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent to be added 
as a cosponsor to this superb amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ROCKEFELLER. I have some notes, but the distinguished Senator 
from Rhode Island has exhausted my brilliant notes in his own speech. 
Just let it be said that it is an extraordinarily dangerous situation, 
this whole concept of stronger lasers, more carefully targeted lasers 
from greater distances, and being able to do it from behind trees and 
hidden places blinding, probably temporarily at this point but maybe 
permanently as they become stronger or doing damage to the eye.
  When the Senator spoke about having to turn over the duties of 
landing the airplane or taking off the airplane to a copilot because of 
this threat, it makes me worry that it is going to get worse because 
this is kind of easy to do. In essence, it becomes an act of terrorism, 
not just the problem of safety for the airplane and its passengers and 
the pilots.

  It is a superb amendment. It is my strong feeling it will pass this 
body easily and it will become law. The Senator from Rhode Island 
deserves enormous credit for bringing this to the attention of the 
Congress.
  The PRESIDING OFFICER. The Senator from Rhode Island.
  Mr. WHITEHOUSE. I thank the distinguished chairman for his very kind 
words. Let me thank him for his efforts to support this amendment. His 
cosponsorship is extremely important. I look forward to working with 
whatever I can bring to get this amendment successfully adopted into 
the bill and to get the bill successfully passed. I very much 
appreciate the chairman's distinguished leadership.
  Mr. ROCKEFELLER. Mr. President, I reluctantly suggest the absence of 
a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________