[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,
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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.
____________________