[Congressional Record Volume 157, Number 28 (Monday, February 28, 2011)]
[House]
[Pages H1370-H1371]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         SECURING AIRCRAFT COCKPITS AGAINST LASERS ACT OF 2011

  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I move to suspend 
the rules and pass the bill (H.R. 386) 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. 386

       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 2011''.

     SEC. 2. PROHIBITION AGAINST AIMING A LASER POINTER AT AN 
                   AIRCRAFT.

       (a) Offense.--Chapter 2 of title 18, United States Code, is 
     amended by inserting after section 39 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. Pursuant to the rule, the gentleman from 
California (Mr. Daniel E. Lungren) and the gentleman from Georgia (Mr. 
Johnson) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I ask unanimous 
consent that all Members may have 5 legislative days in which to revise 
and extend their remarks and to include extraneous material on H.R. 
386, the bill currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.

                              {time}  1420

  Mr. DANIEL E. LUNGREN of California. I yield myself such time as I 
may consume.
  Mr. Speaker, the danger of shining a laser beam into someone's eyes 
is not news. What is news is the ever-increasing number of incidents of 
laser pointers being directed at the pilots of commercial and law 
enforcement aircraft.
  In 2005, when a similar measure was passed by this body, this 
emerging threat was estimated at 400 reported incidents over the 
previous 15 years. By contrast, in 2009, there were almost 1,600 
episodes reported. In 2010, there were over 2,800 incidents reported.
  As the Airline Pilots Association has stated in its letter of support 
for this legislation, ``The inappropriate use of widely available laser 
pointers against airborne flight crews represents a genuine and growing 
safety and security concern. 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.''
  Mr. Speaker, the danger from shining a laser into the cockpit of any 
aircraft is truly a tragedy waiting to happen. The ominous prospect of 
a catastrophe is particularly high during the takeoff and landing 
stages. Emergency maneuvers to prevent the misperception of midair 
collisions have also occurred. In one instance, the pilot thought he 
was about to strike the warning light on a tower. In another case, the 
laser beam was thought to be the lights of an approaching aircraft.
  Law enforcement pilots, unfortunately, 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 in 
progress due to being hit by a laser.
  At the same time, it is an unfortunate fact that some Federal 
prosecutors have declined to pursue cases, believing that the current 
Destruction of Aircraft statute does not fit the facts of their 
particular laser cases. Some States have statutes that have been 
successfully used to address this problem, but many more do not. H.R. 
386 specifically addresses shining a laser pointer into an aircraft 
cockpit and will make aircraft travel safer for pilots and the public.
  It is not only the number of laser pointers being aimed at aircraft 
cockpits that has dramatically increased during the past several years. 
The power of the current generation of laser-pointer devices has also 
significantly increased. Their cost, on the other hand, has gone down, 
making them much more widely available.
  The problem of lasers being shown into cockpits is so prevalent that 
in my area, the Sacramento area, the FBI, the FAA, and the Federal Air 
Marshal Service have joined with State and local law enforcement in 
establishing a Laser Strike Working Group. These working groups have 
also expanded into other areas of the country.
  H.R. 386 provides an important tool in our efforts to enhance the 
safety of air travel. This body passed identical language by a voice 
vote at the close of the 111th Congress. It is my hope that all Members 
will join me in supporting this important legislation.
  I reserve the balance of my time.
  Mr. JOHNSON of Georgia. I yield myself such time as I may consume.
  Mr. Speaker, I am pleased to support H.R. 386.
  This bill establishes criminal penalties for knowingly aiming a laser 
pointer at an aircraft or in 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 flight.
  Lasers pose a safety hazard to flight operations. Even a brief 
exposure to a relatively low-powered laser beam can cause discomfort 
and temporary visual impairment. The visual distractions of a laser can 
cause a pilot to become disoriented or to lose situational awareness 
while flying. Higher powered laser

[[Page H1371]]

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 flight. In one of these cases, after a laser 
was pointed at the 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.

  These types of incidents happen more and more each year. There were 
over 2,800 reported incidents of this happening last year, more than 
double the number of reported incidents from the previous year. Because 
this is a documented and growing problem and because of the Federal 
interest in maintaining the safety of our airspace, this bill, 
unfortunately, is necessary.
  I commend the gentleman from California, Representative Dan Lungren, 
for his work on this bill, and I urge my colleagues to support the 
legislation.
  I yield back the balance of my time.
  Mr. DANIEL E. LUNGREN of California. I yield myself such time as I 
may consume.
  Mr. Speaker, this is a timely matter. There was a press report just 
this week that police are trying to find the person who, on Friday 
morning, pointed a green laser beam both at an airplane and at a news 
helicopter in the Phoenix area. There have been incidents all around 
the country. This is not just something that is peculiar to my area; it 
is something that is increasing in terms of severity and in the number 
of incidents, so we need to pass this legislation as soon as possible.
  I urge my fellow Members to support this bill.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Daniel E. Lungren) that the House 
suspend the rules and pass the bill, H.R. 386, 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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