[DOCID: f:hr149.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-149
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SECURING AIRCRAFT COCKPITS AGAINST LASERS
ACT OF 2007
_______
May 14, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 1615]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred 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, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 5
Constitutional Authority Statement............................... 5
Advisory on Earmarks............................................. 5
Section-by-Section Analysis...................................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.''.
Purpose and Summary
H.R. 1615, the ``Securing Aircraft Cockpits Against Lasers
Act of 2007,'' amends title 18 of the United States Code to
provide for the imposition of criminal penalties for any
individual who knowingly aims a laser pointer at an aircraft
within the special aircraft jurisdiction of the United States,
or at its flight path--a practice that, particularly at the
critical stages of take-off and landing, creates a serious
threat to public safety and aviation security. The penalties
include fines and imprisonment of up to 5 years.
Background and Need for the Legislation
Lasers, when aimed at an aircraft, can pose a serious
public safety hazard and threat to aviation security. The
focused beams of a laser light are powerful, even at extended
distances. Brief exposure, sometimes for just a fraction of a
second, to a laser beam can cause discomfort and temporary
visual impairments such as glare, flashblinding, and
afterimages.\1\ These visual distractions can induce spatial
disorientation or loss of situational awareness in a pilot. The
National Transportation Safety Board, for example, documented
two instances in which pilots sustained eye injuries and were
incapacitated during critical phases of a flight.\2\
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\1\ Van B. Nakagawara and Ronald W. Montgomery, Laser Pointers:
Their Potential Effects on Vision and Aviation Safety, Federal Aviation
Administration, Office of Aerospace (Apr. 2001); see also Bart Elias,
Congressional Research Service Report RS22033, Lasers Aimed at Aircraft
Cockpits: Background and Possible Options to Address the Threat to
Aviation Safety and Security (Dec. 21, 2005).
\2\ National Transportation Safety Board, Safety Recommendation
Letter-Safety Recommendations A-97-13 through 15.
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According to the Federal Aviation Administration, there
have been more than 400 incidents in which pilots have been
startled, distracted, temporarily blinded, or disoriented by
laser exposure since 1990.\3\ 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.\4\ The recent rash of
incidents involving lasers aimed at aircraft cockpits is
compounded by the concern that the low cost of handheld laser
devices could lead to even more incidents in the future.
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\3\ Press Release, U.S. Dep't of Transportation, U.S. Secretary of
Transportation Norman Y. Mineta Announces New Laser Warning and
Reporting System for Pilots, Measures to Safeguard Pilots and
Passengers, Support Timely Enforcement (Jan. 12, 2005), at http://
www.dot.gov/affairs/dot0805.htm.
\4\ U.S. Dep't of Transportation--Federal Aviation Administration,
Advisory Circular 70-2, Reporting of Laser Illumination of Aircraft
(Jan. 11, 2005).
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H.R. 1615, the ``Securing Aircraft Cockpits Against Lasers
Act of 2007,'' responds to this serious problem by amending
title 18 of the United States Code to provide for the
imposition of criminal penalties on a individual who knowingly
aims the beam of a laser pointer \5\ at an aircraft within the
special aircraft jurisdiction of the United States or at the
flight path of such an aircraft. These penalties include fines
and imprisonment of up to 5 years.
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\5\ H.R. 1615 defines ``laser pointer'' as 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.
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The imposition of criminal penalties to punish and deter
this dangerous behavior is only a partial solution. Steps such
as educating the public regarding the risks of lasers to
aviation security, and product warning labels, for example,
could also play a significant role in addressing this problem.
Hearings
The Committee's Subcommittee on Crime, Terrorism, and
Homeland Security held 1 day of hearings on H.R. 1615 on May 1,
2007. Testimony was received from Representative Ric Keller (R-
FL), the bill's principal sponsor.
Committee Consideration
On May 2, 2007, the Committee met in open session and
ordered the bill, H.R. 1615, favorably reported with an
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 1615.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 1615, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 7, 2007.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1615, the Securing
Aircraft Cockpits Against Lasers Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 1615--Securing Aircraft Cockpits Against Lasers Act of 2007.
CBO estimates that implementing H.R. 1615 would have no
significant cost to the federal government. Enacting the bill
could affect direct spending and revenues, but CBO estimates
that any such effects would not be significant.
H.R. 1615 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of State, local, or tribal
governments.
H.R. 1615 would establish a new Federal crime for aiming
the beam of a laser pointer at an aircraft or at the aircraft's
flight path. Because the bill would establish a new offense,
the government would be able to pursue cases that it otherwise
would not be able to prosecute. We expect that H.R. 1615 would
apply to a relatively small number of offenders, however, so
any increase in costs for law enforcement, court proceedings,
or prison operations would not be significant. Any such costs
would be subject to the availability of appropriated funds.
Because those prosecuted and convicted under H.R. 1615
could be subject to criminal fines, the Federal Government
might collect additional fines if the legislation is enacted.
Criminal fines are recorded as revenues, then deposited in the
Crime Victims Fund and later spent. CBO expects that any
additional revenues and direct spending would not be
significant because of the small number of cases likely to be
affected.
The CBO staff contact for this estimate is Mark Grabowicz,
who can be reached at 226-2860. This estimate was approved by
Peter H. Fontaine, Deputy Assistant Director for Budget
Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
1615, as amended, is intended to punish and deter the practice
of knowingly aiming laser beams at aircraft.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article 1, section 8, clause 3 of the
Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 1615 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short title. Section 1 sets forth the short title
of the bill as ``Securing Aircraft Cockpits Against Lasers Act
of 2007.''
Sec. 2. Prohibition Against Aiming A Laser Pointer At An
Aircraft. Section 2 makes it a crime to knowingly aim 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
aircraft. An individual convicted of this crime is subject to
criminal fines or imprisonment up to 5 years. This provision
does not apply to: (1) individuals conducting research and
development or flight test operations for an aircraft
manufacturer or the Federal Aviation Administration; (2)
Department of Defense or Department of Homeland Security
personnel conducting research, development, operations, testing
or training; or (3) an individual using a laser emergency
signaling device to send a distress signal.
Section 2 authorizes the Attorney General, in consultation
with the Secretary of Transportation, to provide by regulation,
after public notice and comment, additional exceptions to this
provision as necessary and appropriate. The Attorney General
must give written notice of any such proposed regulations to
the House and Senate Committees on the Judiciary as well as
other specified committees.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 2--AIRCRAFT AND MOTOR VEHICLES
Sec.
31. Definitions.
* * * * * * *
39A. Aiming a laser pointer at an aircraft.
* * * * * * *
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.
* * * * * * *
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